CDBG Grant Shelbourne Apartment Building~°° ~- 2 7 I1.6
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
THE SHELBOURNE APARTMENT BUILDING, INC.
This Agreement made and entered into this j~ day of ~, 2009, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation having its pnncipal office at 1700 Convention
Center Drive, Miami Beach, Florida, 33139, (hereinafter refereed to as "City"), and THE
SHELBOURNE APARTMENT BUILDING, INC., anon-for profit corporation having its principal
office at 945 Pennsylvania Avenue, Miami Beach, Florida, 33139 (hereinafter referred to as
"Provider").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant programs, Community Development Block Grant (CDBG) funds, and
HOME Investment funds (HOME), and the City expects to continue to receive entitlement funds from
these grant programs to operate the City's housing and community development activities; and
WHEREAS, each year, the City prepares aOne-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of low and moderate-
income Miami Beach residents; and
WHEREAS, in accordance with HUD regulations and the City's Citizen Participation Plan
concerning' the preparation of the One-Year Action Plan, the Administration held two (2) public
meetings, receiving citizens' comments, and advertised a 30-day citizen comment period, from June 12,
2009, through July 11, 2009; and
WHEREAS, on May 28, 2009, the City's Community Development Advisory Committee
(CDAC) approved the funding recommendation of the One-Year Action Plan for Fiscal Year (FY)
2009/2010 activities; and
WHEREAS, on July 15, 2009, the City Commission approved Resolution No. 2009-27 1 1 6
approving the One-Year Action Plan for Federal Funds for FY 2009/2010, and providing CDBG funds,
in the amount of $14,000, to Shelbourne Apartment Building, Inc. for the Shelbourne House, located at
710 Jefferson Avenue, Miami Beach, Florida, 33139, the Fernwood Aparments, located at 935
Pennsylvania Avenue, Miami Beach, Florida, 33139, and the Westchester Apartments, located at 516
15"' Street, Miami Beach, Florida, 33139.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following four (4) attachments, all of which are attached and incorporated in this
Agreement:
• Attachment I is a Statement of Work and contains a description of the Program.
• Attachment II is a Budget Summary.
• Attachment III are the Financials for CDBG-funded activities.
• Attachment IV contains applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement the Program in accordance
with Attachments I and II, and as summarized as follows:
Shelbourne House
To provide operating cost for a total of 47 project-based units with supportive services
in a secure and healthy environment to individuals living with HIV/AIDS who choose
to live independently. 42 units are located in the Shelbourne House and the Fernwood
Apartments and five (5) units are located in the Westchester Apartments.
Section 3. Agreement Amount: The City agrees to make available FOURTEEN THOUSAND
DOLLARS ($14,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the Agreement,
shall be referred to as the "Funds").
Section 4. Alterations: Any proposed changes in the Program including, without limitation, the
Budget in Attachment II, shall first be submitted, reviewed, and approved, in writing,
by the City Manager, which approval, if given at all, shall be at his/her sole reasonable
judgment and discretion.
Section 5. Method of Payment and Reporting Requirements: During the Term, Provider shall
submit quarterly Program progress reports to the City on the 10~' day of January, April,
July and October, respectively. As part of the report submitted in October, the Provider
also agrees to include, a comprehensive final report covering the agreed-upon Program
objectives, activities, and expenditures, and including, but not limited to, performance
data on client feedback with respect to the goals and objectives outlined in Attachment
I. Attachment III contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by the City Manager in the event of
Program changes; the need for additional information or documentation arises; and/or
legislative amendments are enacted. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be cause for default
and termination of this Agreement, pursuant to Section 12 hereof.
Section 6. Monitoring: At its discretion, the City may schedule at least one (1) annual on-site
monitoring visit with the Provider to evaluate the progress of the Program, and/or to
provide technical assistance. At the City's option, a desk top review of the activities
may be conducted in lieu of an on-site visit.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG grant funds from HUD, and must be implemented in full
compliance with all of HUD's rules and regulations. In the event of curtailment or non-
production of said federal funds, the financial sources necessary to continue to pay the
Provider all or any portions of the Funds will not be available. In that event, the City
may terminate this Agreement, which termination shall be effective as of the date that it
is determined by the City Manager, in his/her sole discretion and judgment, that the
Funds are no longer available. In the event of such termination, the Provider agrees
that it will not look to, nor seek to hold the City, nor any individual member of the City
Commission and/or City Administration, personally liable for the performance of this
Agreement, and the City shall be released from any further liability to Provider under
the terms of this Agreement.
Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees to
comply with all applicable Federal regulations as they may apply to Program
administration and to carry out each activity in compliance with the laws and
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regulations as described in 24 CFR 570 Subpart K, as same may be amended from time
to time. Additionally, the Provider will comply with all State and local (City and
County) laws and ordinances hereto applicable. It shall be the Provider's sole and
absolute responsibility to continually familiarize itself with any and all such applicable
Federal, State, County, and City regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens -Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for benefits under covered
activities funded by the CDBG Program. "Benefits" under this section means financial
assistance, public services, jobs, and access to new or rehabilitated housing and other
facilities made available under activities funded by the CDBG Program. "Benefits" do
not include relocation services and payments to which displacees are entitled by law.
Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or
subcontracted without the prior written consent of the City, which consent, if given at
all, shall be at the City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence on October 1, 2009, and terminate on
September 30, 2010, (the Term), with the understanding that at, the end of the Term,
the City Commission has the authority to reappropriate any remaining unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by the City,
for convenience and without cause, through the City Manager, upon 30 days prior
written notice to Provider. In the event of such termination for convenience, the
City shall cease any payments to Provider for costs resulting from obligations
which were not approved before the effective date of termination. Provider shall
be solely responsible for immediately returning any unused or unapproved Funds
as of the date of termination, and shall also be solely responsible for submitting a
final report, as provided in Section 5 hereof, (detailing all Program objectives,
activities and expenditures up to the effective date of the termination). Said final
report shall be due within five (5) working days following the effective date of
termination. Upon timely receipt of Provider's final report, the City, at its sole
discretion, shall determine the amount (if any) of any additional portion of the
Funds to be returned to the City as a result of any unapproved or unused Funds, or
incomplete Program items, and shall provide Provider with written notice of any
monies due. Said additional monies shall be due and payable immediately upon
receipt of such notice by Provider. Notwithstanding the preceding, the City
reserves any and all legal rights and remedies it may have with regard to recapture
of all or any portion of the Funds, or any assets acquired or improved in whole or
in part with said Funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may
also terminate this Agreement for cause. "Cause" shall include, but not be limited
to, the following:
a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the
City's monitoring and applicable H[JD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in
default. Such notification shall include: (i) actions taken by or to be taken by the
City, such as withholding of payments; (ii) actions to be taken by the Provider as a
condition precedent to curing the default; and (iii) a reasonable cure period, which
shall be no less than thirty (30) days from notification date. In the event the Provider
fails to cure such default within the aforestated cure period, this Agreement shall be
considered terminated for cause, without requiring further notice to Provider, and
Provider shall be solely responsible for repayment to the City of all or any portion of
the Funds disbursed to Provider, as deemed required by the City, in its sole and
reasonable discretion. Said monies shall be immediately due and payable by
Provider. Notwithstanding the preceding, the City reserves any and all legal rights
and remedies it may have with regard to recapture of all or any portion of the Funds,
or any assets acquired or improved in whole or in part with said Funds.
12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HIJD, this Agreement will terminate, effective
as of the time that it is determined by the City Manager that such Funds are no
longer available. Costs of the Provider incurred after termination are not
allowable unless expressly authorized in writing by the City Manager (whether in
the notice of termination or subsequent thereto), and, in that case, may only be
allowable if, in the sole discretion of the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination, were not in anticipation of it, and are
noncancelable; and
b. The costs would be allowable if the Agreement expired normally at the end
of its Term.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department of
Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under applicable
Federal regulations) gained from any activity of the Provider funded by CDBG funds shall
be reported to the City and utilized by the Provider in the operation of the Program.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City Manager, and only in accordance with requirements set in 24 CFR
§570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression of
its religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that aCDBG-funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG-funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration
of the Agreement, and in addition to any and all other remedies available to the City
(whether under this Agreement, or at law or in equity), the Provider shall immediately
transfer to the City any Funds on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of CDBG funds. The City's receipt of any
Funds on hand at the time of termination, shall not waive the City's right (nor excuse
Provider's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the Provider in the form of
a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly
section 570.901) until five years after expiration of the term of this Agreement, or
for such longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or
such instrument as the City, at its discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shall pay to
the City an amount equal to the current market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the
period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by
HUD for the administration and implementation of the CDBG Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of HUD shall have access to any
books, documents, papers and records of the Provider that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
The Provider shall comply with the requirements and standards of OMB Circular No. A-
y w
122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost
Principles for Educational Institutions" as applicable. The Provider shall comply with the
following provisions of the Uniform Administrative requirements of OMB Circular A-110
(implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations") or the related CDBG provision, as specified in this section:
a. Subpart A - "General";
b. Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying
for Federal Assistance";
c. Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" -Grantees shall follow the standards
of 33 85.20(b)(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of 3 84.24, CDBG sub-recipients
shall follow 3 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 384.32, CDBG sub-recipients shall
follow 3 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of 3
84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in 3 84.53(b) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
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which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of 3 84.61, CDBG
subrecipients shall comply with 3 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" -except for 3 84.71, "Closeout
Procedures".
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research reports,
and similar public notices prepared and released by the Provider for, on behalf of, and/or
about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH
OFFICE ~ OF REAL ESTATE HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the CDBG Program, and all other applicable laws and regulations. This
documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the CDBG activity delivery cost by Program and the non-CDBG
related charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured location
for a period of four (4) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the four
(4) year period, the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, of the address where the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often as the
City (and/or its representatives) may deem necessary, the Provider shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement, for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit
Institutions"'(as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City, its officers, employees and agents, from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligence or
misconduct on the part of the Provider, or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the
direction, control, or supervision of Provider, pursuant to this Agreement and/or the
Program. The Provider shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits in the name of the City, and shall pay all
costs (including attorney's fees) and judgements which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement.
The Provider shall not commence any work and/or services pursuant to this Agreement
until all insurance required under this Section has been obtained and the City's Risk
Manager has approved such insurance. In the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the commencement date
of the Term, this Agreement shall automatically terminate and become null and void, and
the City shall have no obligation under the terms and conditions hereof.
The Provider shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in
the amount of $1,000,000 single limit, subject to adjustment for inflation. The
policy must include coverage for contractual liability to cover the above
indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statutes.
c. Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement.
Limits for such coverage shall be in the amount of $500,000, subject to
adjustment for inflation.
The City of Miami Beach shall be named as an additional insured under all such insurance
contracts. Thirty- (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Provider and its
insurance company. The insurance must be furnished by insurance companies authorized
to do business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than "Class
VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's
Risk Manager. Original Certificates of Insurance for the above coverage must be
submitted to the City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall.
The City shall have the right to obtain from the Provider specimen copies of the insurance
policies, in the event that submitted Certificates of Insurance are inadequate to ascertain
compliance with required coverage. Compliance with the foregoing requirements shall
not relieve the Provider of its obligation to indemnify and hold the City harmless, as
required in this section.
Section 22. Conflict of Interest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with community
development funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the, State,
County and City of Miami Beach statutes, regulations, ordinances or resolutions
governing conflicts of interest. The Provider shall disclose, in writing, to the City any
possible conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This Agreement shall be governed by, and construed in accordance with, the laws
of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall
be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND PROVIDER EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Anna Parekh, Director
Office of Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
9
Provider: Roberto Datorre, President
The Shelbourne Apartment Building, Inc.
945 Pennsylvania Avenue
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this Agreement, so that its liability for any such
breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of $10,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, for any action or claim for breach of contract
arising out of the performance or nonperformance of any obligations imposed upon the
City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way. intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
10
., .~
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
SHELBOURNE APARTMENT BUILDING, INC.
a Florida ngt;for-profit corporation
ATTEST
~P 1~ ~ S ~ I I~SS
Print Name
President ture
Roberto Datorre, Executive Director
Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATT ST:
~~
~~
City Clerk Mayor
Print Name
Matti Herrera Bower
Print Name
ity Attorn (~, Date
APPROVED AS TO
FORM & LANGUAGE
~ FOR EXECUTION
~~ ~ & ~~e
F:IRHCDI$ALLIHSG-CDIMERCYICONTRACTS109-101Shelboume HouseICDBG Agreement- Rev 123009.doc
11
CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
The program will provide supportive services in a secure and healthy environment to individuals living
with AIDS who chose to live independently.
Shelbourne Housing Apartment Building, Inc. (consisting of the Shelbourne House and the Fernwood
Apartments) provides 42 units (one-and two-bedroom apartments) for people with AIDS; the Westchester
Apartments provides five (5) units. The program provides social services, counseling, extensive client
referrals and much-needed support not only for residents but also others in need in the area. It is a public
service activity for HIV-infected individuals who are very low income and disabled, and choose to live
independently with supportive services in a secure and healthy environment.
Shelbourne House and Westchester Apartments are a limited clientele activity and 100 percent of the
proposed 42 individuals with AIDS living at both facilities and receiving supportive services are income
eligible (below 50% of the County median income.) They also have linkage agreements with local,
medical, nutritional, case management, counseling and pharmacy providers to address the needs of the
residents. These agreements follow a Continuum of Care model for the care and treatment of people
living with HIV/AIDS and shows how the supportive services of the Shelbourne House, the Fernwood
Apartments and the Westchester Apartments truly allow our HIV-positive, low income and disabled
residents to live independently while providing a secure and healthy environment.
PROGRAM GOALS AND MEASURABLE OUTCOMES
Provide services to tenants of 47 housing units on an as-needed basis.
2. Provide interim case management and interim counseling.
3. Provide client referrals.
4. Provide crisis intervention services on an as-needed basis.
SCHEDULE FOR IMPLEMENTATION
Goal Oct.
2009 Nov.
2009 Dec.
2009 Jan.
2010 Feb.
2010 March
2010 Apr.
2010 May
2010 June
2010 July
2010 Aug.
2010 Sept.
2010
1 X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X X X X X X X
4 X X X X X X X X X X X X
F:\RHCDI$ALL\HSG-CDUNERCY\CONTRACTS\09-10\Shelbourne HouseWttachment Ldoc
Page 1 of 1
Attachment II
Shelbourne House Inc.
Shelbourne House Operational Support
Fiscal Year 2009-2010
VII. BUDGET SUMMARY SHEET
Activity Name: Shelbourne House
. f'f___L /1_~_.
Funding Year 2009-2010
h enc ivame: -vndm- aeacn ~. u~ninunn uw~-v n -em ~.vi u-auvn
Category Breakdown CDBG/ESP
Request
Other Funds Other Funding
Sources
Total Funds
Total Sala & Benefits $ 14,000 $ 18,799 PRAC, Tenant rents $ 32,799
Other O eratin Ex enses $ - $ 184,001 PRAC, Tenant rents $ 184,001
Total CDBG Funds $ 14,000
Total Other Funds $ 202,800 i
Grand Total $ 216,800
Of the funding request above, what is the amount for OPERATING COSTS? $ -
Of the funding request above, what is the amount for PERSONNEL COSTS? $ 14,000
Of the funding request above, what is the percentage for ADMINISTRATIVE COSTS? 0.00%
Shelbourne House Inc.
Shelbourne House Operational Support
Fiscal Year 2009-2010
BUDGET ITEMIZATION SHEET
Activity Name: Shelbourne House Funding Year 2009-2010
Aaencv Name: Miami Baach Cnmmuniiv 1]AValnnmant r`mm~ratinn
Saiaq-°8 Benefits ~
C tegory B~~~kdPwn_ _ tDF~GfESP
, R~squ~.~t
Other.F4nc#~ ~Totat -
Funds
Housin S ecialist .6 FTE $ 14,000 $ 13,300 $ 27,300
Housin Assistant $ - $ - $ -
FICA 11.5% $ 3,137 $ 3,137
SUI .44% $ 120 $ 120
Health/Life/Disabili Insurance .6 cost $ 2,122 $ 2,122
Workers Com .44% $ 120 $ 120
Total Amount $ 14,000 $ 18,799 $ 32,799
Shelbourne House Inc.
Shelbourne House Operational Support
Fiscal Year 2009-2010
BUDGET ITEMIZATION SHEET
Activity Name: Shelbourne House Funding Year 2009-2010
AQencv Name: Miami Beach Community Development Corooration
,' Otfier Operating `Expense :,
Category Breakdown ~~ CDBG/ESP ~_
~
_; Request • _
.
Other Funds : ,, Total
Funds '
Audit Ex ense $ 7,200 $ 7,200
Le al Ex enses $ 300 $ 300
Professional Services $ 1,000 $ 1,000
Washin Machines Rental $ 1,500 $ 1,500
Travel $ 200 $ 200
Insurance $ 24,300 $ 24,300
Re airs $ 24,000 $ 24,000
Electrici $ 30,100 $ 30,100
Water and Sewer $ 7,600 $ 7,600
Garba a and Trash Removal $ 5,200 $ 5,200
Tele hone & Answer. Svc. $ 6,000 $ 6,000
Exterminatin Contract $ 2,400 $ 2,400
Elevator Maintenance $ 3,200 $ 3,200
Grounds Su lies/Maintenance $ 900 $ 900
Mana ement Fee $ 12,000 $ 12,000
Contract Maintenance Fee $ 19,200 $ 19,200
Janitorial Contract $ 6,000 $ 6,000
Misc. License & Permits $ 300 $ 300
Uncollected Rent $ 18,801 $ 18,801
Reserve for Re lacement $ 13,800 $ 13,800
$ - $ -
Total Amount $ - $ 184,001 $ 184,001
CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollaz
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists); and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include the following
items:
Salaries (should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG funds should prepaze a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll
charges should be prepared and placed in the appropriate files.)
• Employee Benefits (should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
• Professional Services (should be supported by a complete and signed copy of the contract between
the organization and the independent contractor, describing at the minimum, period of service, type of
service and method for payments, in addition to the invoice from the private contractor.)
Purchases (at a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not
represent support for an expense.)
Page 1 of 2
RECORDS
....Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in advance by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10~' Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: aov.facnu,census. o~v
Web: http://harvester.census. ov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed financial status, client profile and narrative report forms, in a format consistent with the
approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance
maybe available upon special request. All requests must be submitted to:
Anna Parekh, Director
Office of Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 2 of 2
CMB Budget Account 133.5456.000345 Month/Year
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider: Shelbourne Apartment Building, Inc. Project Name: Shelbourne House
Reporting Period: Date Submitted:
CDBG Year 35
FY 2009/2010 $14,000
Budget Amount
Month This Month Year to Date Balance
Oct-09 $ - $ - $ 14,000.00
Nov-09 $ - $ - $ 14,000.00
Dec-09 $ - $ - $ 14,000.00
Jan-10 $ - $ - $ 14,000.00
Feb-10 $ - $ - $ 14,000.00
Mar-10 $ - $ - $ 14,000.00
Apr-10 $ - $ - $ 14,000.00
May-10 $ - $ - $ 14,000.00
Jun-10 $ - $ - $ 14,000.00
Jul-10 $ - $ - $ 14,000.00
Aug-10 $ - $ - $ 14,000.00
Sep-10 $ - $ - $ 14,000.00
This Request
Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially all program income received has been disbursed or will
be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature Name and Title of Person Submitting Report
CMB Use
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CDBG AGREEMENT
October 1, 2009 to September 30, 2010
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
• Title VI of the Civil Rights Act of 1964 As Amended (42 USC 2000d et seq~: States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations maybe found in 24 CFR Part 100-115.
• Equal Opportunity in Housing_(Executive Order 11063 as amended by Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations maybe found in 24 CFR Part 107.
• Abe Discrimination Act of 1975 As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex. ,
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
• Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
• A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
Page 1 of 7
• A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
Americans with Disabilities Act (42 USC 12131; 47 USC 155. 201, 218 and 2251: Provides
comprehensive civil. rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
• Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
• Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section .504.. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
• The Architectural Barriers Act of 1968 (42 USC 4151-41571: Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
• Eaual~ Employment Opportunity Executive Order 11246 as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
Page 2 of 7
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area.
• Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
• Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safety Standards Act as amended (40 USC 327 333,): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
• Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
• Fair Labor Standards Act of 1938 As Amended (29 USC 201 et sew ): Establishes the basic
rrummum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of 7
S ~ ti
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
- Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
• Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
. directly or indirectly .employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of 7
s
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
• Housing built since January 1, 1978, when lead paint was banned for residential use;
• Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there;
• Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks;
~ Property that has been, found to be, free of lead-based paint by a certified lead-based paint
inspector;
• Property where all lead-based paint has been removed;
Page 5 of 7
~ ,~ ~
Unoccupied housing that will remain vacant until demolished;
Non-Residential property; and
Any rehabilitation or housing improvement that does not disturb a painted surface.
TYPES OF HOUSING SUBJECT TO 24 CFR 35
• Federally-0wned housing being sold;
• Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance);
• Public housing;
ti Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs.
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
httn://www.hud.QOV/offices/lead/index cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or a-mail HUD at lead reeulationsna hud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 03/09/2009) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income), Extremely Low (30% of Median Income), Median
Family Income FY 2009: $50,800)
Household Size Extremely Low Very Low-Income Low-Income
30% of Median 50% of Median 80% of Median
1 Person $14,150 $23,600 $37
750
2 Person $16,150 $26,950 ,
$43,100
3 Person $18,200 $30,350 $48,500
4 Person $20,200 $33,700 $53,900
5 Person $21,800 $36,400 $58,200
6 Person $23,450 ~ $39,100 $62,500
7 Person $25,050 $41,800 $66,850
8 Person $26,650 $44,500 $71,150
Page 6 of 7
1 ~1
LOW/MODERATE INCOME DATA
. SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
~ 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.01-2 ~ 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8677 12000 72% L/M
F:\RHCDISALLU~ISG-CD\MERCY\CONTRACfS\09-lOWaachmrn[ IV CDBG.doc
Page 7 of 7
~. 1~ ~ t
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: THE SHELBOURNE APARTMENT BUILDING, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09 MC-12-0014
CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT
Date: / / ~d
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 any agency, a
Member of Congress, an officer or employee of Congress, or any 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 or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any 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 Fonm to Report Lobbying", in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
THE SHELBOURNE APARTMENT BUILDING. INC.
Signature
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Print Name of Authorized Signatory
/ /~ /O
Date
Print Title of Authorized Signatory
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~ t ti w:
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: THE SHELBOURNE APARTMENT BUILDING, INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09 MC-12-0014
CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT
Date: / / / y/ ~a
~~
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
~~ li m, ~o~Gh ~c> m . lea . l.n~ (,p
Cl ~ 5 ~~ h , (~ex.,.e a, r-z~ I r-
iurn; ~a `' 331 ~c1
THE_SHELBOURNE APARTMENT BUILDING. INC.
Signa
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Print Name of Authorized Signatory
Date
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~~- .tea, cQ,e„-+-
Print Title of Authorized Signatory
Page 1 of 1
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ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 35 Fiscal Year 2009/2010
NAME OF FIRM, CORPORATION, OR ORGANIZATION THE SHELBOURNE APARTMENT
BUILDING, INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT ~~ ~ ~~,,~YY~ V`'~ ~ ~'~ C
POSITION ~~rQ~~ ~ ~ PHONE NUMBER (~ ~ 3~-(~pr-1
I, ~ h') -~-,r~~)G1-f'U/~~ ,being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
SUBSCRIBED AND SWORN TO (or affirmed) before me on ~ u ~(,~.r1 c~-t7 ~ ~ by
~~ (Date)
\ ~ ~r ~ ~ G~~O (~~ He/She is personally lrnown to me or has
_~-_
(Affiant)
presented
(Type of identification)
Signatu e
~ ~~
Date
as identification.
(Serial Number)
(Print or Stamp Name of Notary) ' at-i~nID~t+~ state or Florida
? ^ Ivette Pineda
c My Commission OD808313
Notary Public ~~ (State) Notary Seal "~o,~oQ FRo~res orrrzotz
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
(Signature of a )
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