Planned Repayment of Loan
'7'/-? '5<: r' ((
CDBG COOPERATION AGREEMENT
This Agreement is entered into this 1st day of October, 1999, by and between the
COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT, acting through and on behalf of the
City of Miami Beach and the COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT,
hereinafter called the called the Project Operator, hereto mutually agree as follows:
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development (HUD) for the purpose of conducting a Housing and Community Development Program with
Federal financial assistance under Title I of the Housing and Community Development Act of 1974, as
amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990;
and the Housing and Community Development Act of 1992; and
WHEREAS, the City has determined through its One-Year Action Plan for Federal Funds for FY
1999/2000 which includes the budgets for the Community Development Block Grant (CDBG) Program,
Emergency Shelter Grants (ESG) Program, and HOME Investment Partnership Program, the necessity for
Providing Planned Repayment of Section 108 Loan (the Project); and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution 99-23238
on July 7, 1999; and
WHEREAS, the City desires to engage the Project Operator to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I
SCOPE OF SERVICES
The Project Operator agrees to implement the Year Twenty-Five (25) Activity in accordance with
the attached Budget as follows:
Planned Repayment of Section 108 Loan $200,000
570.705(c),570,208(a)(1)
To implement a comprehensive streetscape improvement program in order to immediately address
the urgent need for street improvements in the North Beach area, including Normandy Island; and
to implement facility improvements to the North Shore Youth Center. The City will apply for a
$4,000,000 Section 108 loan to fully fund the program.
SECTION II
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval by the Mayor and City Commission,
approval and release of funds by HUD or upon being duly executed by both parties, whichever is later.
Subject to the approval of this Agreement by the Community/Economic Development Department
(ClEO Department) Director, this Project shall become operational as of October 1, 1999, and shall be
completed by September 30, 2000. The term specified herein may be subject to any applicable term
restrictions and limitations prescribed by HUD, and/or as may be otherwise prescribed herein.
SECTION III
USE OF FUNDS
A. Project funds shall be used for those costs which are applicable to this Agreement. No Project funds
shall be obligated for payment of costs incurred for the Project prior to the Notice of Release of
Funds.
B. Costs incurred under this Project shall be in compliance with Federal Management Circular OMB
A-87 and Uniform Administrative Requirements, 24 CFR Section 85, as set forth under 570.502.
C. The Project Operator shall maintain a citizen participation file which shall include copies of written
comments and/or complaints received regarding the Project assisted under this Agreement, and
copies of all responses.
D. The Project Operator shall comply with the provisions of24 CFR 570.611 "Conflict ofInterest" and
the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions
governing conflicts of interest. No member, officer, or employee of the City of Miami Beach, or
its designees or agents, no member of the governing body of the locality in which the CDBG
program is situated, and no other public official of such locality or localities who exercises any
function or responsibilities with respect to the Project during this tenure or for one year thereafter,
shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for
work to be performed in connection with the Project assisted under this Agreement.
E. The Project Operator agrees that when sponsoring a Project financed in whole or in part under this
Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions ofthe
sponsorship of the Program, research reports, and similar public notices prepared and released by
the Provider 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
COMMUNITY/ECONOMIC DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Project Operator.
2
SECTION IV
PROCUREMENT
A. The Project Operator shall follow the City of Miami Beach's procurement procedures.
B. All procurement transactions regardless of whether by sealed bids or by negotiation and without
regard to dollar value, shall be conducted in a manner that provides maximum open and free
competition consistent with 24 CFR 85.36, "Uniform Administrative Requirements-Procurement",
except paragraph (a).
C. The Project Operator shall take affirmative steps to assure that Section 3 firms, minority owned
firms and women-owned businesses are utilized whenever possible as sources of supplies,
equipment, construction and services.
D. The Project Operator shall maintain records sufficient to detail the significant history of a
procurement. These records shall include, but are not necessarily limited to, information pertinent
to the following: rationale for the method of procurement, selection of contract type, contractor
selection or rejection, and the basis for the cost or price.
E. The cost plus a percentage of cost and percentage of construction cost method of contracting shall
not be used.
F. The Community/Economic Development Department shall review and approve all procurement(s)
prior to any transactions performed by the Project Operator.
SECTION V
METHOD OF PAYMENT
A. It is expressly understood and agreed that the total compensation to be paid for actual expenses
incurred shall not exceed the total amount of Two Hundred Thousand 00/100 dollars ($200,000).
B. Payments shall not be made unless approval has been received from the Community/Economic
Development Department prior to obligating any CDBG funds.
C. The CommunitylEconomic Development Department retains the right to prepare and process the
financial documents necessary to ensure proper payments.
SECTION VI
AMENDMENTS
The following types of changes require the prior written approval from the Community/Economic
Development Department:
A. Changes in the Scope of Services.
B. Changes in any budget line-item.
C. Changes in the total appropriation.
3
In addition, appropriate documentation shall be submitted with any requests for increase in the
Project budget.
SECTION VII
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the Community Development program rests heavily on the ability to
produce an impact in income-eligible areas, through progress in accomplishing scheduled activities. An
effective method for maintaining Project progress against a previously established schedule is through
Project evaluation and reporting, which will consist of both written reports and staff discussions on a regular
basis. The CIED Department will monitor each Activity as required by HUD. The Project Operator also
assures prompt and efficient submission of the following:
A. Monthly Reports, due no later than the tenth (10th) day of the succeeding month. Contents of the
reports attached hereto and made a part hereof as Appendix 2 shall include, but not necessarily be
limited to, the following:
I. The Narrative Report
2. The Client Profile Report.
3. The Financial Status Report, which shall include the request for payment and supporting
documentation.
The Narrative Report, Financial Status Report and Client Profile Report must each contain (i) the
month for which the Monthly Report is submitted, (ii) the date submitted, and (iii) an original
signature of the person responsible for the contents of the Monthly Report.
B. Special Reports, required if determined necessary by the Community/Economic Development
Department.
C. Final Evaluation, due within twenty (20) days of contract completion. The final report documents
how the Statutory National Objective and the eligibility requirements were met and must be
submitted by the Project Operator for review and approval. The contents of same shall include a
cumulative total of the data submitted during the Project's operation. Further, such report shall
include statistical findings which depict program efficiency; i.e., the number of dollars spent,
including non-CDBG funding sources, to render actual service to Project recipients, and an overall
evaluation of the Project's effectiveness, and quantitative results. The final report will be evaluated
and the Project Operator will be notified if additional data is necessary or that the Activity is
considered "closed-out".
There may be other reporting requirements in the event of Project changes, the need for additional
information or documentation arises, andlor legislative amendments are enacted. The Project Operator shall
be informed, in writing, if any changes become necessary.
4
SECTION VIII
COMPLIANCE REQUIREMENTS
A. The Project Operator agrees to comply with Section 3 of the Housing and Urban Development Act
of 1968, as amended, which provides that to the greatest extent feasible, contract opportunities and
opportunities for training and employment shall be given to low income Miami Beach residents and
businesses owned by, controlled by, or employing a substantial number of, low income Miami Beach
residents.
B. Pursuant to Section 109 of the Housing and Community Development Act, the Project Operator
certifies that no person shall be denied the benefits of the program on the grounds of race, color,
national origin or sex.
C. The Project Operator agrees to comply with the First Amendment Church/State principles.
SECTION IX
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government
representatives may deem necessary, there shall be made available to representatives of the City and/or the
Federal Government to review, inspect or audit all records, documentation, and any other data relating to
all matters covered by the Agreement.
SECTION X
COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
The Project Operator agrees to comply with all applicable Federal regulations as they may apply to
Project administration and to carry out each Activity in compliance with the laws and regulations as
described in 24 CFR Part 570 Subpart K. Additionally, the Project Operator will comply with all state and
local laws and ordinances hereto applicable.
SECTION XI
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies to be used for compensation,
as contemplated by this Agreement, originate from grants of Community Development Block Grant funds
from the U.S. Department of Housing and Urban Development (HUD), and must be implemented in full
compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of curtailment or non-production of said
Federal grant funds, the financial sources necessary to continue to pay the Project Operator compensation
will not be available and that this Agreement will thereby terminate effective as of the time that it is
determined by the City, in its sole discretion and judgement, that said funds are no longer available.
5
IN WITNESS WHEREOF, the Community/Economic Development Department and the Project
Operator hereto have caused this Agreement to be executed by their duly authorized officials on the day and
date first indicated above.
~~.-/~
WI NESS
CHRISQ~V~
CITY MANAGER
1fI~~
RANDOLPH MARKS, ASSISTANT DIRECTOR,
COMMUNITY/ECONOMIC DEVELOPMENT
DEPARTMENT
~~~
WITNESS
~V\;\"Ifu (\LrJO
JOAN A VELO, DIRECTOR
COMMUNITY DEVELOPMENT DIVISION
APPROVED A.S TO
FORM & LANGUAGE
& FOR EXECUTION
F:\DDHP\$ALL\L YSSETTE\ACTPLAN\CONTRACT\SECT I 08. WPD
:JfM~
Cily i~Jkwrwy
IcJ//J/Jq
Date
6
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
....
w
W
J:
CJ)
>-
D::
c(
:e
:e
:J
CJ)
....
w
C)
C
:J
m
o
o
o
N
-
en
en
en
-.:-
L.
ea
Q)
>-
C)
C
.-
"C
C
::s
LL
U)
" 0
c: 0
::s 0
LL 0
0
S N
Y7
0 ~
....
0)
c:
.- U)
"CI)
c:(,)
::s...
LL::s
"'0
(1)U)
.c:
...
0
...U)
(1)" ::!;
.c:c:
"'::s z
OLL Y7
l/')
I-
ea
Q)
>-
C) 0 0
U)U) 0 ~
0 0
W" 0 0_ I-
-c: 0 0 Q)
C)::s 0 0 >
caLL. N N 0
C Y7 Y7 "C
0 () Q)
N
;> t
0
- .. E
c ea
:J c: c
E ~ ro Q)
0 1Il .0
E 0 ...J 'C 0
" 00 c
0 ::s +-'
~ 0 LL
U ..- 1Il
C'IS - (!) 'C
~ 0 C
I UJ ::s
al ca C W LL
Q) - c;
~ ~ E (!) ...
Q) -
:>. m .c 0
U 0 ro C - ~
0) a. U 0 'C
.s Q) c; c
. . a::: c; e
L. C'IS - -
0 () ro 0 0 (!)
::l ~ ~
.... c -
ea c
L. <(
Q)
a.
0 ~ ... 0 "l""
0 CI) ,.... co Q) "l"" "l""
.... .c "It II) CD
(.) C) E "l"" N C")
Q) .s
..... C'IS ::s
0 Z
L. ()
m
m
-
(")
N
-
CO
"C
Q)
~
E
.c
::s
en
Q)
....
ea
o
+oJ
Q)
o
+oJ
C
Q)
E
n::l
'0
c
'c
a..
-
o
o
Q)
>
Q)
o
o
E
o
c
o
W
-
+oJ
C
Q)
E
+oJ
n::l
Q)
0:::
CO
o
T""
c
o
U
Q)
en
o
o
o
o
o
o
v
~
l/')
Q)
E
ea
z
~
'S;
+:i
CJ
<(
+-'
C
::J
o
E
ea
c
ea
o
....J
a.
iC
0
0 0
0 -
0 ('f)
N
N -
- CO
Q)
Q)
Q) "C
or-
... Q)
CO ~
.-
Q) E
> .c
en ~
c en
.-
.... "C Q)
W c ...
~ CO
W LL C
J: +oJ
en Q)
z 0
+oJ
0 C
Q)
- E
....
~ 0
Q)
- m >
:E Q)
'0 0
W c 0
.... 'i::
- a.. E
I- - 0
0 c
W +oJ 0
C> c 0
Q) w
C E -
::J m ~
c
m Q) :::::I
0::: E
CO E
0 0
T"" U
C
0 CO
:;:i ~
0
Q) U
C/) . .
...
0
...
Q) CO
E ...
Q)
CO C.
Z 0
~ ...
(.)
> Q)
~ .0'
(.) ...
<C a..
fn
"C 0
C 0
:::I 0
U. 0 0
.fI 0 0
N 0
0 yt 0
i- 0
N
~
+'
C
:::I fn
0 "C
E c
<( :::I ~
U.
~ ... z
0 cu
C) .c ~
+'
S 0 z
ca ~
0
C) 0
tnfn 0
W"C 0
-c 0 0
C):::I 0 0
mU. N 0
C yt 0
0 0
N
~
C
C ro
~ 0
.....J
0 CO
"C
~ 0 CJ)
~ ....
ca ro
~ - Q)
0
m .... >-
C 0
~ Q) ~ +'
0 E .... c
C) >- Q) :::I
ro > 0
S c.. 0 E
ca Q) 'U
0 0::: Q) <(
N
ro t .fI
::J 0 0
c E i-
c
<( <(
~...
Ocu
C).c ~
cuE
+':::1
~z
"I"'"
....
o
"I"'"
cu
C)
ca
Q.
APPENDIX 2
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
FINANCIAL STATUS REPORT
.
~
I
I CMB Budget Account 130.5816.000346
MonthN ear
-
-
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider:
City of Miami Beach C/ED Dept.
Project Name: Planned Repayment of Section 108 Principal
Date Submitted:
Title:
Reporting Period:
Person Submitting Report:
Signature:
CDBG Year 25 $200,000
FY 1999/2000
Budget Amount
Month Description Monthly Expenses Year to Date Expenses
October 1999 $0.00 $0.00
November 1999 $0.00 $0.00
December 1999
January 2000
February 2000
March 2000
April 2000
May 2000
June 2000
July 2000
August 2000
September 2000
$0.00
$0.00
Reimbursement $0.00
Available Funds
$0.00
IHAPprOVedBYH"1
m
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
-
-
Provider:
City of Miami Beach C/ED Dept.
Project Name: Planned Repayment of Section 108 Principal
Reporting Period:
Person Submitting Report:
Signature:
Date Submitted:
Title:
Please complete the following two reports for activities undertaken during this month's reporting period. If reporting for
more than one activity, provide a separate narrative and profile report for each distinct activity.
I. Narrative Report (Attach additional pages, if necessary.)
Please describe the activities completed and/or services provided during this month's reporting period. Use numbers and units of
measure to quantify such accomplishments. Units of measure may be facades rehabilitated, meals served, persons counseled, # of
prescriptions, housing units, vouchers, shopping visits, and others. Ifno accomplishments can be described, detail efforts undertaken
to fulfill contract goals by the end of the program year. Explain any problems which may have affected the expenditure of CDSG
funding. Describe any special recognitions, awards and circumstances encountered during the past month.
II. Client Profile Report
Clients Income Range Ethnicity Female Special
HOH Needs
White Black American Asian!
Indian Pacific
Month 80% Not Not Islander
(VLI) (LM) Hispanic Hispanic /Other
Oct.
Nov.
Dec.
Jan.
Feb.
March
Anril
Mav
June
Julv
Aup_
Sent.
Total 0 0 0 0 0 0 0 0 0 0 0 0
Notes: (I) Special Needs includes: elderly/frail elderly persons, persons with AIDS, persons with disabilities, homeless persons, and families participating
in programs to achieve economic self-sufficiency. (2) VLI indicates very-low income, LM indicates low/moderate-income. (3) YTD indicates Year to
Date. This number equals prior monthly figures + current monthly figures.
APPENDIX 3
SCHEDULE OF WORK TO BE IMPLEMENTED
-
II g' ]' I
~ [i]C/) JL I
E c> II T
.Q ::J
t ~L I
~ I~ I
I I~ I
L I<(~ I
~(j)
E~ []
tU5 II
~.!: Cii
lllt.) ~
~,~ r:l~ "
glt ~
&:l ~ -g [iJlJ.. jti--
.- III -
Elii C .
co- III C
._ ~ E 0 en
:::2: '0 0"'"
~ ~ ~~[J'
<3 0 -"I"'" Q)
12 lll'" 0
,eC'll
lll~ B~[]'
E F ~- 0
co.... ... rJ Z
U Hili I
a. III r:a 0
~ -68 iI
III
J:
(.)
en
..
C
III
~
S
III
,e
o
-
c..
III
-
en
C
o
:;::;
(.)
1< I
I 1 T
><
, I I
I T I
I
I
I
I
, I
I
T
i --'
I I
, I
T I
I I
1 I
i I I
I I I
I I
I
I
><
I
xl
I 1
I 1
I I
I
I
en
a.
"0
C
'C
a.
C
en
o
C co
en 0
o ~
co C
o .2
~ t5
C Q)
o C/)
:.;:i ~
u 0
Q) -
C/) C
Q) Q)
.c E
..... >-
..... en
li~ ~
en .....
3: l/)
1<( itl
1--1-
I I
I
I
I
-
-
I
---1
I
---i
I
~
I
-r-
I
r
I
I I Tl
I I
I 1l
--.J I
1
--
I
I
I 1
I I
T 1
I I
I 1
Ii
I 11
t-
I I I
I l
I-L I I
.........
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
LOWIMODERATE INCOME DATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOWIMODERATE INCOME PERSONS
CITY OF MIAMI BEACH
SECTION 3 CLAUSE
CITY OF MIAMI BEACH
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
CITY OF MIAMI BEACH
DAVIS-BACON ACT AND RELATED ACTS
CITY OF MIAMI BEACH
LOW/MODERATE INCOME DATA
FLAMINGO TARGET AREA
CENSUS TRACT TOT AL LfM PERSONS TOT AL 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
44 10,774 13,244 81.35
45 1,768 2,307 76.64
I TOTAL I 33,183 I 45,587 I 73% L/M I
NORMANDY ISLE TARGET AREA
CENSUS TRACT TOTAL L1M PERSONS TOTAL PERSONS % LOW/MOD
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
I TOTAL I 4,809 I 6,417 I 75% L/M I
NORTH SHORE 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
I TOTAL I 8,677 I 12,000 I 72 % L/M I
SOURCE: U.S HUD Memorandum "CDBG 1990 Census Income Summary Data" (ISO), July 2, 1993
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
(Effective: 1/27/99)
A low income or a 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.
HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME**
1 PERSON 25,000 15,600
2 PERSONS 28,550 17,850
3 PERSONS 32,100 20,050
4 PERSONS 35,700 22,300
5 PERSONS 38,550 24,100
6 PERSONS 41,400 25,850
7 PERSONS 44,250 27,650
8 PERSONS 47,100 29,450
* 80% of Median Income
* * 50% of Median Income
SOURCE:
U.S. Department of Housing & Urban Development
Page 1 of 1
CITY OF MIAMI BEACH
PERCENT AGE OF LOW /MODERATE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS BLOCK % LOW /MOD CENSUS BLOCK % LOW /MOD
TRACT GROUP PERSONS TRACT GROUP PERSONS
39.01 1 58.20 42 1 85.58
39.01 2 74.16 42 2 74.53
39.01 3 86.97 42 3 83.3 7
39.01 4 67.10 42 4 0.00
39.01 5 70.61 42 5 75.90
39.01 6 70.58 42 6 79.68
39.01 7 22.96 42 7 56.65
39.02 1 78.48 43 1 73.77
39.02 2 73.80 43 2 73.43
39.02 3 100.00 43 3 81.18
39.02 4 74.58 43 4 85.54
39.02 5 44.54 43 5 61.06
39.02 9 39.86 43 6 69.78
39.05 1 40.73 43 7 60.96
39.05 2 71.97 44 1 78.72
39.05 3 31.15 44 2 87.88
39.05 4 78.18 44 3 89.67
39.06 6 0.00 44 4 82.29
39.06 7 14.43 44 5 94.40
39.06 8 11.75 44 6 89.98
40 1 45.63 44 7 75.38
40 2 31.25 44 8 63.04
40 3 22.55 45 1 78.33
40 4 10.54 45 2 73.73
40 5 69.20 45 9 0.00
40 6 22.80 45.99 0.00
40 7 15.01 45.99 9 0.00
40 8 32.08
41.01 1 81.11
41.01 2 53.40
41.01 3 53.61
41.01 4 41.80
41.01 5 7.34
41.02 1 28.51
41.02 2 20.51
Source: 1990 Census Special Tab Tape, State of Florida (6/21/93)
Page 1 of 1
CITY OF MIAMI BEACH
SECTION 3 CLAUSE
A. The work to be performed under this contract is on a project assisted under a program
providing direct Federal financial assistance from the Department of Housing and Urban
Development and is subject to the requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended, 12 D.S.C. 1701 u. Section 3 requires that to the
greatest extent feasible, opportunities for training and employment be given to lower income
residents of the project area, and contracts for work in connection with the project be
awarded to business concerns which are located in, or owned in substantial part by persons
residing in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development set
forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued
thereunder prior to the execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability which would prevent them from
complying with these requirements.
C. The contractor will send to each labor organization or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, if any, a notice
advising the said labor organization of workers' representative of his commitments W1der this
Section 3 Clause and shall post copies of the notice in conspicuous places available to
employees and applicants for employment or training.
D. The contractor will include this Section 3 Clause in every subcontract for work in connection
with the project and will, at the direction of the applicant for or recipient of Federal financial
assistance, take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR 135.20. The contractor will not subcontract with any subcontractor
where it has notice or knowledge that the latter has been found in violation of regulations
under 24 CFR 135.20, and will not let nay subcontract unless the subcontract has first
provided it with a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and
all applicable rules and orders of the Department issued thereunder prior to the execution of
the contract, shall be a condition of the Federal financial assistance provided to the project,
binding upon the applicant or recipient for such assistance, its successors, and assigns.
Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and
subcontractors, its successors, and assigns to those sanctions specified by the grant or loan
agreement or contract through which Federal assistance is provided, and to such sanctions
as are specified by 24 CFR 135.20.
Page 1 of 1
CITY OF MIAMI BEACH
EOUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for
construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee,
or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
the following equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(I) The contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of payor other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous place, available to employees
and applicants for employment, notices to be provided setting forth the provision of this
nondiscrimination clause.
(2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the contractor's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and
Page 1 of 2
CITY OF MIAMI BEACH
EOUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any subcontract or purchase order
as the administering agency may direct as a means of enforcing such provisions, including sanctions
for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the contractor may request the United Stated to enter into such litigation to
protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: provided that, if the
applicant so participating is a State or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause
and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering
agency and the Secretary of Labor such information as they may require for the supervision of such
compliance, and that it will otherwise assist the administering agency in the discharge of the agency's
primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to
the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary
of Labor pursuant to Par II, Subpart 0 of the Executive Order. In addition, the applicant agrees that if it fails
or refuses to comply with these undertakes, the administering agency may take any or all of the following
actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain
from extending any further assistant to the applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from such applicant; and
refer the case to the department of Justice for appropriate legal proceedings.
Page 2 of 2
CITY OF MIAMI BEACH
DA VIS-BACON ACT AND RELATED ACTS
The projects or programs to which the construction work covered by this agreement pertains is federally funded
with Community Development Block Grant funding and is subject to all provisions and requirements of the
Davis-Bacon Act and Related Acts.
The Davis-Bacon Act
Requires payment of locally prevailing wages and fringe benefits to laborers and mechanics
employed on any federally funded construction, alteration, or repair (including painting and
decorating) projects if the construction contract is in excess of $2,000.
Contract Work Hours & Safety Standards Act
Requires overtime rates for mechanics and laborers for hours worked on covered contracts
in excess of 40 in a workweek.
Copeland "Anti-Kickback" Act
Prohibits "kickbacks" of wages or back wages from employees to employers; regulates payroll
deductions from wages.
Fair Labor Standards Act
Requires payment of minimum wage; payment of overtime rates for all hours over 40 in a
workweek; prohibits use of oppressive child labor.
Page 1 of I
CITY OF MIAMI BEACH
GLOSSARY
Affordable Housing: Affordable housing is generally defined as housing where the occupants pay no
more than 30 percent of gross income for gross housing costs, including utility costs.
AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency syndrome.
Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that
significantly limits a person's ability to live independently.
Committed: Generally means there has been a legally binding commitment of funds to a specific project
to undertake specific activities.
Community Development Target Area: Geographic area where at least 51 percent of the residents are
low and moderate income persons.
Consistent with the Plan: A determination made by the jurisdiction that a program application meets the
following criterion:
· The Annual Plan for that fiscal year's funding indicates the jurisdiction planned
to apply for the program or was willing to support an application by another
entity for the program;
· The location of activities is consistent with the geographic areas specified in the
plan; and
· The activities benefit a category of residents for which the jurisdiction's
five-year strategy shows a priority.
Cost Burden> 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent
of gross income, based on data published by the U.S. Census Bureau.
Cost Burden >50% (Severe Cost Burden): The extent to which gross housing costs, including utility
costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Disabled Household: A household composed of one or more persons at least one of whom is an adult (a
person of at least 18 years of age) who has a disability. A person shall be considered to have a disability
if the person is determined to have a physical, mental or emotional impairment that:
(1) is expected to be of long-continued and indefinite duration;
(2) substantially impedes his or her ability to live independently; and
(3) is of such a nature that the ability could be improved by more suitable housing
conditions.
A person shall also be considered to have a disability if he or she has a developmental disability as
defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6006). The
term also includes the surviving member or members of any household described in the first sentence of
. Page 1 of7
this paragraph who were living in an assisted unit with the disabled member of the household at the time
of his or her death.
Elderly Household: For BUD rental programs, a one or two person household in which the head of the
household or spouse is at least 62 years of age.
Elderly Person: A person who is at least 62 years of age.
Existing Homeowner: An owner-occupant of residential property who holds legal title to the property
and who uses the property as his/her principal residence.
Family: See definition in 24 CFR 812.2 (The National Affordable Housing Act definition required to be
used in the CHAS rule differs from the Census definition). The Bureau of Census defines a family as a
householder (head of household) and one or more other persons living in the same household who are
related by birth, marriage or adoption. The term "household" is used in combination with the term
"related" in the CRAS instructions, such as for Table 2, when compatibility with the Census definition of
family (for reports and data available from the Census based upon that definition) is dictated. (See also
"Homeless Family.")
Family Self-Sufficiency (FSS) Program: A program enacted by Section 554 ofthe National Affordable
Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IHAs) to
use Section 8 assistance under the rental certificate and rental voucher programs, together with public
and private resources, to provide supportive services, that will enable participating families to achieve
economic independence and self-sufficiency.
Federal Preference for Admission: The preference given to otherwise eligible applicants under BUD's
rental assistance programs who, at the time they seek housing assistance are involuntarily displaced,
living in substandard housing, or paying more than 50 percent of family income for rent. (See 24 CFR
882.219.)
First Time Home Buyer: An individual or family who has not owned a home during the three year
period preceding the BUD-assisted purchase of a home that must be used as the principal residence of
the home buyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a
single parent (as defined in 24 CFR 921) may not be excluded from consideration as a first time home
buyer on the basis that the individual, while a homemaker or married, owned a home with his or her
spouse or resided in a home owned by the spouse.
For Rent: Year round housing units which are vacant and offered/available for rent. (U.S. Census
definition ).
For Sale: Year round housing units which are vacant and offered available for sale only. (U.S. Census
definition).
Frail Elderly: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating,
dressing, bathing, grooming, and household management activities). (See 24 CFR 689.105.)
Group Quarters: Facilities providing living quarters that are not classified as housing units. (U.S.
Page 2 of7
Census definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and
shelters.
HOME: The HOME Investment Partnerships Program, authorized by Title 11 of the National
Affordable Housing Act.
Homeless Family: Family that includes at least one parent or guardian and one child under the age of 18,
a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person
under the age of 18, living in situations described by terms "sheltered" or "unsheltered".
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children, living in situations described by terms "sheltered" or "unsheltered".
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations
described by terms "sheltered" or "unsheltered".
Household: One or more persons occupying a housing unit (U.S. Census definition). See also "Family".
Housing Problems: Households with housing problems include those that: (1) occupy units meeting the
definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost
burden greater than 30%. Table lC requests nonduplicative accounts of households that meet one or
more of these criteria.
Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended
as separate living quarters. (U.S. Census definition.)
InstitutionslInstitutional: Group quarters for persons under care or custody. (U.S. Census definition.)
Large Related: A household of 5 or more persons which includes at least one person related to the
householder by blood, marriage or adoption.
LIHTC: (Federal) Low Income Housing Tax Credit.
Low-Income: Households whose incomes do not exceed 50 percent of the median income for the area,
as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish
income ceilings higher or lower than 50 percent of the median for the area on the basis ofHUD's
findings that such variations are necessary because of prevailing levels of construction costs for fair
market rents, or unusually high or low family incomes. NOTE: HUD income limits are updated annually
and are available from local HUD offices. (This term corresponds to low and moderate-income
households in the CDBG Program.)
Moderate-Income: Households whose incomes are between 51 percent and 80 percent ofthe median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
Page 3 of7
Middle-Income: Households whose incomes are between 81 percent and 95 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 95 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
Non-Elderly Household: A household which does not meet the definition of "Elderly Household," as
defined above.
Non-Homeless Person with Special Needs: Includes elderly/frail elderly persons, persons with AIDS,
disabled families, and families participating in organized programs to achieve economic self-sufficiency.
Non-Institutional: Group quarters for persons not under care or custody. (U.S. Census definition.)
Occupied Housing Unit: A housing unit that is the usual place of residence ofthe occupant(s).
Other Household: A household of one or more persons that does not meet the definition of a Small
Related household, Large Related household, or Elderly Household.
Other Income: Households whose incomes exceed 80 percent of the median income for the area, as
determined by the Secretary, with adjustments for smaller and larger families.
Other Low-income: Households whose incomes are between 51 percent and 80 percent ofthe median
income for the area, as determined by HUD, with adjustments for smaller and larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This term corresponds to
moderate-income in the CDBG Program.)
Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would
include Awaiting Occupancy or Held.
Overcrowded: A housing unit containing more than one person per room. (U.S. Census definition.)
Owner: A household that owns the housing unit it occupies. (U.S. Census definition.)
Physical Defects: A housing unit lacking complete kitchen or bathroom. (U.s. Census definition.)
Jurisdictions may expand upon the Census definition.
Primary Housing Activity: A means of providing or producing affordable housing -- such as rental
assistance, production, rehabilitation or acquisition -- that will be allocated significant resources and/or
pursued intensively for addressing a particular housing need. (See also, "Secondary Housing Activity".)
Project-Based (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant.
Tenants receiving project-based rental assistance give up the right to that assistance upon moving from
the project.
Page 4 of7
Public Housing ClAP: Public Housing Comprehensive Improvement Assistance Program.
Public Housing MROP: Public Housing Major Reconstruction of Obsolete Projects.
Rent Burden> 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30
percent of gross income, based on data published by the U.S. Census Bureau.
Rent Burden> 50% (Severe Cost Burden): The extent to which gross rents, including utility costs,
exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Rental Assistance: Rental assistance payments provided as either project-based rental assistance or
tenant-based rental assistance.
Renter: A household that rents the housing unit it occupies, including both units rented for cash and units
occupied without cash payment of rent. (U.S. Census definition.)
Renter Occupied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Secondary Housing Activity: A means of providing or producing affordable housing such as rental
assistance, production, rehabilitation or acquisition -- that will receive fewer resources and less emphasis
than primary housing activities for addressing a particular housing need. (See also, "Primary Housing
Activity". )
Section 215: Section 215 of Title II of the National Affordable Housing Act. Section 215 defines
"affordable" housing projects under the HOME program.
Service Needs: The particular services identified for special needs populations, which typically may
include transportation, personal care, housekeeping, counseling, meals, case management, personal
emergency response, and other services to prevent premature institutionalization and assist individuals to
continue living independently.
Severe Cost Burden: See Cost Burden> 50%.
Severe Mental Illness: A serious and persistent mental or emotional impairment that significantly limits
a person's ability to live independently.
Sheltered: Families and persons whose primary nighttime residence is a supervised publicly or privately
operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence
shelters, residential shelters for runaway and homeless youth, and any hotel/motel/apartment voucher
arrangement paid because the person is homeless. This term does not include persons living doubled up
or in overcrowded or substandard conventional housing. Any facility offering permanent housing is not
a shelter, nor are its residents homeless.
Small Related: A household of 2 to 4 persons which includes at least one person related to the
householder by birth, marriage, or adoption.
Page 5 of7
Substandard Condition: Housing not meeting the City of Miami Beach's Housing Code, containing
deficiencies such as holes in roof, faulty or non-existent plumbing, etc.
Substandard Condition and not Suitable for Rehab: By local definition, dwelling units that are in such
poor condition as to be neither structurally nor financially feasible for rehabilitation. (See also
"Substandard Condition.")
Substandard Condition-but Suitable for Rehab: By local definition, dwelling units that do not meet
standard conditions but are both financially and structurally feasible for rehabilitation. This does not
include units that require only cosmetic work, correction or minor livability problems or maintenance
work. (See also "Substandard Condition.")
Substantial Amendment: A major change in an approved housing strategy. It involves a change to the
five-year strategy, which may be occasioned by a decision to undertake activities or programs
inconsistent with that strategy.
Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the project in
excess of $25,000 per dwelling unit.
Supportive Housing: Housing, including Housing Units and Group Quarters, that have a supportive
environment and includes a planned service component.
Supportive Service Need in FSS Plan: The plan that PHAs administering a Family Self-Sufficiency
program are required to develop to identify the services they will provide to participating families and
the source of funding for those services. The supportive services may include child care; transportation;
remedial education; education for completion of secondary or post secondary schooling; job training;
preparation and counseling; substance abuse treatment and counseling; training in homemaking and
parenting skills; money management and household management; counseling in home ownership; job
development and placement; follow-up assistance after job placement; and other appropriate services.
Supportive Services: Services provided to residents of supportive housing for the purpose of facilitating
the independence of residents. Some examples are case management, medical or psychological
counseling and supervision, child care, transportation, and job training.
Tenant-Based (Rental) Assistance: A form of rental assistance in which the assisted tenant may move
from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not
for the project.
Total Vacant Housing Units: Unoccupied year round housing units. (U.S. Census definition.)
Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not
designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets,
parks, alleys).
Vacant A waiting Occupancy or Held: Vacant year-round housing units that have been rented or sold and
are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters
for occasional use. (U.S. Census definition.)
Page 6 of7
Vacant housing Unit: Unoccupied year-round housing unit that are available or intended for occupancy
at any time during the year.
Very Low-Income: Households whose incomes do not exceed 50 percent of the median area income for
the area, as determined by HUD, with adjustments for smaller and larger families and for areas with
unusually high or low incomes or where needed because of prevailing levels of construction costs or fair
market rents. (This term corresponds to low income households in the CDBG Program.) (For the
purpose of further distinguishing within this category, two subgroups (0 to 30% and 31 to 50% of MFI)
have been established in the CHAS tables and narratives.)
Worst-Case Needs: Unassisted, very low-income renter households who pay more than half of their
income for rent, live in seriously substandard housing (which includes homeless people) or have been
involuntarily displaced.
Year Round Housing Units: Occupied and vacant housing units intended for year round use. (U.S.
Census definition.) Housing units for seasonal or migratory use are excluded.
Page 7 of7