CDBG Agreement with Little Havana Activities and Nutrition Centers $30,000r
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC.
This Agreement made and entered into this"ay of�M1LL�(2012, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and LITTLE HAVANA
ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC., a not-for profit corporation having
its principal office at 700 SW 8th Street, Miami, Florida, 33130 (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 a One-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, on May 18, 2012, the City's Community Development Advisory Committee
(CDAC) approved the funding recommendation of the One-Year Action Plan for Fiscal Year (FY)
2012/2013 activities; 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 18,
2012. through July 17, 2012; and
WHEREAS, on July 18, 2012, the City Commission approved Resolution No. 2012-27955
approving the One-Year Action Plan for Federal Funds for FY 2012/2013, and providing CDBG funds,
in the amount of$30,000, to Little Havana Activities and Nutrition Centers of Dade County, Inc. for the
Rainbow Intergenerational Child Care Center, located at 833 6th 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 - Statement of Work and contains a description of the Program.
• Attachment II - Budget Summary.
• Attachment III - Financials for CDBG-funded activities.
• Attachment IV-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:
Rainbow Intergenerational Child Care Program
To provide affordable childcare to approximately 12 Miami Beach children whose
families are income-eligible, and employment to Miami Beach income-eligible senior
citizens who serve as daycare workers. The project will fund partial scholarships for 12
children.
Section 3. Agreement Amount: The City agrees to make available THIRTY THOUSAND
DOLLARS ($30,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional
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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 10th 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
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.
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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, 2012, and terminate on
September 30, 2013, (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 HUD 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
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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 HUD, 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
§570.2000). 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 a CDBG-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 the Funds. The City's receipt of any Funds
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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.
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-
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 1184.12, "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❑❑ 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 ❑ 84.24, CDBG sub-recipients
shall follow 11570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 1184.32, CDBG sub-recipients shall
follow ❑ 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of ❑
84.34(g), the following applies:
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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 ❑ 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
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 ❑ 84.61, CDBG
subrecipients shall comply with ❑ 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" - except for ❑ 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
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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
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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
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Provider: Ramon Perez-Dorrbecker, President/CEO
Little Havana Activities and Nutrition
Centers of Dade County, Inc.
700 SW 8th Street
Miami, FL 33130
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]
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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.
LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC.
a Florida not-for-profit corporation
ATT .
Secretary President Signature
Luis M orcres Ramon Perez-Dorrbecker, President&CEO
Print Name Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST-
t° 1 lam.
City C erk a r
���
������ L �rY? �, Matti Herrera Bower
Print Name Print Name
INCORP
ORATED,
N2
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4orneW�
Date
F:\RHCD\$ALL\HSG-CD\Brian\FY 2012 13\LHANC\LHANC CDBG Agreement Rainbow Childcare-As of 3 14 12.doc
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City tat'.1 Miami Beach
Applicationfor Federal Funds
Fiscal Year 2012-20.13
VII. BUDGET SUMMARY SHEET, ITEMIZATION, & NARRATIVE
BUDGET SUMMARY SHEET
Activity Name Rainbow Project Funding Year 2012-2013
Agency Name Little Havana Activities & Nutrition Centers of Dade County, Inc.
Request Category CDBG Total Other Source of Other Total Funds
• Funds
Personnel — $21,190 $219,967 See Leveraged $2411157
Salaries Funds/Match Forms
Operating $8,810 $114,344 See Leveraged $1239154
Funds/Match Forms
Capital/ $ 0 $ $ $
Equipment Costs
Other $ $ $ $
Specify:
Other $ $ $ $
Specify:
Other $ $ $ $
Specify:
Other $ $ $ $
Specify:
Other $ $ $ $
Specify:
Total CDBG $30,000 = 4 {{
Request y
Total Other Ai $334,311
Funds N
Project Total h� z $3649311
Please complete the following regarding the funding request above:
A. Of the funding request above, what is the amount for $89810
OPERATING COSTS (do not include salaries and fringe benefits)?
B. What is the amount for PERSONNEL COSTS (include only salaries $219190
and fringe)?
C. What is the percentage for ADMINISTRATIVE COSTS (divide B/A)? 0%*
*All Personnel included in this budget work directly with students and their parents. They are not
administrative salaries.
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City of Miami Beach
Application for Federal Fmids
Fiscal Fear 2012-2013
BUDGET ITEMIZATION SHEET
Activity Name Rainbow Project Funding Year 2012-2013
Agency Name Little Havana Activities & Nutrition Centers of Dade County, Inc.
Detail/Itemization CDBG Other Funds Totals
by Sub-Category or Line Item Funds
-
::Mx" y
Project Director-$58,008 (5% CDBG, $2,900 $26,104
45% Other) $29,004
Head Teacher-$28,800 (23% CDBG, $6,624 $22,176 $28,800
77% Other)
Senior Aide - $17,160 x 100% $0 $17,160 $17,160
Senior Aide - (PTE) $7,992 x 100% $0 $7,992 $7,992
9 Senior Aides (PTE) Averaging $8,512 $6,129 $70,479
(8% CDBG, 92% Other) $76,608
Senior Aide-$15,720 (Averaging 10% $1,572 $14,148 $15,720
CDBG, 90% Other)
Fringes
Fica - $175,284 x 7.65% _ $1,318 $12,091 $13,409
Worker's Compensation - Clerical $60 $553 $613
$175,284 x .35%
Florida Unemployment Compensation
$386 $4,677 $5,063
$104,392 x 4.85%
Group Insurance (for Project Director
(50%) Head Teacher (100%) Senior Aide $2,201 $12,139 $14,340
2 (100%) - Est. $478/Month x 12 Months
x (2.5 FTE)
In-Kind Value of 4 Senior Aides & Fica
(4 senior aides at $7.80/hr x 20 hrs/week $0 $329448 $32,448
at 52 weeks)
Total Amount $21,190 $219,967 $241,157
10
€:it),of Miami Beach'
Application for Federal Funds
Fiscal Year 2012-2013
BUDGET ITEMIZATION SHEET
Activity Name Rainbow Project Funding Year 2012-2013
Agency Name Little Havana Activities & Nutrition Centers of Dade County, Inc.
Maintenance Supplies- Est. $200 Per
Month x 12 Months 0 $2,400 $2,400
Telephone Expense- Est. $195 Per 0 $2,340 $2,340
Month x 12 Months
Repairs Expense— Est. $320 Per
Month x 12 Months 0 $3,840 $3,840
Program Supplies— Est. $750 Per 0 $9,000 $9,000
Month x 12 Months
Office Supplies— Est. $225 Per Month 0
x 12 Months $2,700 $2,700
Insurance Expense 0 $3,250 $3,250
5%of Est. $65,000 premium
Monthly Lease Agreement payment to
City of Miami Beach est. $1,867.25 x 0 $22,407 $22,407
12 months
Indirect Cost 0 $25,960 $25,960
Total Amount $0 $71,897 $71,897
11
City of Miami Beach
Application for Federal Farads
Fiscal Year 2012-201.3
BUDGET ITEMIZATION SHEET
Activity Name Rainbow Project Funding Year 2012-2013
Agency Name Little Havana Activities & Nutrition Centers of Dade County, Inc.
is Fy FS. 3 r a
None
ion -TqA&1177=
Yhr z ss -z x>�' 4 '°� a �t
Le ZKO-4 -10- EM .Estimated at $3.39 per meal x $87810 $421447 $519257
252 days x 60 children
(17.1879% CDBG)
• • - ,SAS' >w , - -c 3i�kA.{'C'&y.. �SkT "'�'>t�a �5°Y -3s� ...v cF r3
$ $ $
ON
ZU
�� 3�x i rte" _'ze h w a Yea�a � `� * W"t"a a t '
• sz x��.a>�t��':� � ��",�3k,�'s{o-s,'�.�����a'� ",��'��r£��tk i;s P - �`_g'"-s"&E�"�uy
and 1W� F s 3 x sr ig �. e r
• - $89810 $429447 $511257
12
City of itiliami Beach
Application for Federal Funds
Fiscal Year 2012-201.3
BUDGET NARRATIVE
Provide a brief and concise description of each CDBG-requested budget category
indicated in the Budget Summary and Budget Itemization Forms and the justification
for each expense. Expenses should be central to the fulfillment of the proposed
activity.
Personnel
Project Director-This line item represents the salary and fringe benefits of 1 full-time Project
Director who will dedicate 100% of her time to the supervision of LHANC's two child day care
centers. Her responsibilities include direct supervision of the head teacher and all other day
care personnel to assure full compliance with requirements of various contracts. Supervision of
overall children's registrations, filing for licenses, attend meetings related to the program,
maintain centers in aesthetically pleasing conditions, organize events and field trips, order and
maintain educational materials, create lesson plans, provide head teacher with computerized
lists of children for attendance and fees. Supervise implementation of the education program to
assure compliance with educational evaluations. Evaluate staff performance and conduct
observations of concerns of children and their behavior, conduct parent meetings and verify
children's program eligibility.
$2,417 per pa period for 24 a periods at 5% $ 2,900
Y pay
FICA and MICA $ 222
Workmen's Compensation (0.35%) $ 10
SUTA(4.85%) $ 19
Group Insurance ($478/month x 12 months 5%) $ 287
$ 3,438
Head Teacher: This line item represents the salary and fringe benefits of 1 full time head
teacher who will dedicate 100%of her time to the Rainbow Child Day Care Center. This position
is responsible for registration of the children, parent interviews, orientation, maintenance of files,
staff supervision, child safety, lesson plans, food distribution and maintaining direct
communication with Project Director. Miami Beach CDBG is being charged for 85%the head
teacher's salary and fringes.
$1,200 per pay period x 24 pay periods x 23% $ 6,624
FICA and MICA $ 507
Workmen's Compensation (0.35%) $ 23
SUTA(4.85%) $ 89
Group Insurance ($478/month/12 months/23%) $ 1,319
$ 8,562
Senior Aides: This line item represents the salaries and fringe benefits of 1 full time and 9 part
time senior aides. This position must respond to all physical needs of children while teaching
them to be independent and to care for themselves, carryout planned activities including
improvisation or deviation from plans for effective child participation, care directly for a maximum
of 8-10 children. CDBG is being charged the following salaries and benefits are calculated as
follows:
City,ofmiami Beach
Application foi-Fedet-al Funds
Fiscal Year 2012 20.1.3
9 Part time Senior Aides
9 aides x$354.67 per pay period x 24 pay periods x 8% $ 61'129
FICA and MICA $ 469 -
Workmen's Compensation (0.35%) $ 21
SUTA(4.85%) $ 244
$ 6,863
1 Full time Senior Aides
1 aide x $655 per pay period x 24 pay periods x 10% $ 1,572
FICA and MICA $ 120
Workmen's Compensation $ 6
SUTA $ 34
Group-Insurance ($496/month/12 months/10%) $ 595
$ 2,327
Total requested salaries and benefits $ 21,190
Operating
Meals
This line item rep resentsmeals served to'the child day care center program participants
allocated to CDBG.
Meals Est .2.,598 measl for 252 days $ 8,810
Total Requested Amount
CDBG AGREEMENT
October 1,2012 to September 30,2013
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM (Include objective of the project, quantity of service to be
accomplished and schedule of implementation)
The program will provide affordable preschool day care for approximately 11 income-eligible Miami
Beach children with Scholarships.
The program will serve preschool children for a maximum of 11 hours daily, 12 months of the year. The
program responds to the economic needs of low and very-low income families; provides employment,
and responds to the psychosocial needs of seniors living in the area. Little Havana Activities and
Nutrition Centers of Dade County, Inc. (LHANC) because of attrition we will serve up to 18 preschool
children during the 2012-2013. The Miami Beach area is in need of childcare for the working poor.
LHANC will also directly provide employment opportunities for up to 25 seniors - residents of Miami
Beach-as child care workers.
PROGRAM GOALS AND MEASURABLE OUTCOMES (add as many as needed)
1. To provide child care services for 11 preschool children of low-income families.
2. Provide up to 11 hours of care per day to allow parents who work full time.
3. Provide structured activities for children according to an established curriculum.
4. Prepare children for kindergarten(provided they stay with LHANC no less than six months.)
5. Provide opportunities for seniors to fulfill the required annual in-service training.
6. Maintain city, county and state licenses for the operation of a child care center.
7. Work with other agencies to provide parents with referrals to necessary services and follow up on
results.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2012 11/2012 12/2012 1/2013 2/2013 3/2013 4/2013 5/2013 6/2013 7/2013 8/2013 9/2013
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
5 X X X X X X X X X X X X
6 X X X X X X X X X X X X
F:\RHCD\SALL\HSG-CD\BRIAN\CONTRACTS\11-I 2\LHANC\Attachment I-Rainbow.doc
Page 1 of 1
CDBG AGREEMENT
October 1, 2012 to September 30, 2013
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 dollar 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 prepare 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.)
Pagel 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. 10th Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.facCa�,census.gov
Web: http://harvester.census.gov/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 may be 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
CDBG AGREEMENT
October 1, 2012 to September 30, 2013
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 Housinq 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 may be 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 may be found in 24 CFR Part 107.
• Age 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:
Page 1 of 8
• 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;
• 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 225):
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 4151-4157): 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.
Page 2 of 8
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.
• Equal 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 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.
Page 3 of 8
• Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seg.)-. Establishes
the basic minimum 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 brief) discussed below.
p Y
• 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, 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:
Page 4 of 8
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 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
Page 5 of 8
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.
On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and
other actions aimed at preventing lead poisoning to protect against the hazards created
by exposure to lead dust in existing structures built prior to 1978. Under the rule, all
contractors performing renovation, repair and painting projects that disturb lead-based
paint in homes, child care facilities, and schools built before 1978 must be certified and
follow specific work practices to prevent lead contamination. This rule (40 CFR Part 745)
is enforced as of April 22, 2010. The rule must be executed by all sub-contractors.
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;
• 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-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property, rather than
with the occupants (project-based assistance);
• Public housing;
• 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
http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at
(202) 755-1785, ext. 104, or e-mail HUD at lead regulations cDhud.gov.
Page 6 of 8
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 05/14/2010) (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)
US HUD INCOME LIMITS FY 2012
1 2 3 4 5 6 7 8
Person Person Person Person Person Person Person Person
30% of 13800 15800 17750 19700 21300 22900 24450 26050
Median
Very Low 23000 26250 29550 32800 35450 38050 40700 43300
Income
Low-Income 36750 1 4200 47250 1 52500 1 56700 1 60900 1 65100 1 69300
Page 7 of 8
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 131736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 459587 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 1 518 772 67.10
39.01-5 1,593 21256 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 8,677 12,000 72% L/M
F:\RHCD\$ALL\HSG-CD\Brian\FY 2012 13\Contracts\Attachements\Attachment IV CDBG Applicable Federal Regulations.doc
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