Better Way of Miami Inc.ESG AGREEMENT
This Agreement is entered into this 1st day of October, 1999, by and between the CITY OF MIAMI
BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive,
Miami Beach, Florida, hereinafter referred to as the "City", and BETTER WAY OF MIAMI, INC.,
hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban
Development (HUD) for the purpose of implementing the Emergency Shelter Grants Program with Federal
financial assistance under Title IV of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988, PL 100-628 (8/10/88), as amended (the Act); 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), Emergency
Shelter Grants (ESG) Program, and HOME Investment Partnerships (HOME) Program, the necessity for
providing homeless prevention services and services to the homeless in Miami Beach; 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 Provider to render certain services in connection
therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I
SCOPE OF SERVICES
Provider agrees to provide the following ESG Program services for the homeless population in
Miami Beach (the Activity) in accordance with the Budget:
Emergency Shelter and Intervention Services for Miami Beach Clients $21,450
570.201 (e)
To provide transitional housing (shelter), nutritional services, transportation, clothing assistance,
self -managed domestic and personal services to a minimum of 14 adult homeless men with alcohol
and/or substance abuse addiction at the Better Way facility located at 800 N.W. 28th Street.
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 Mayor and City Commission, this Program shall
become operational as of October 1, 1999, and shall be completed by September 30, 2000. The term
1
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
REVERSION OF ASSETS
A. The Provider shall, in the event of a termination of this Agreement pursuant Section XX herein, or
upon expiration of the Agreement, transfer to the City any ESG funds on hand at the time of
termination or expiration and any accounts receivable attributable to the use of ESG funds. In
accordance with Section 415 (c) (1) of the 1987 McKinney Act, each ESG recipient or sub -recipient
herein certifies that it will maintain the facility as a homeless shelter for a period of ten (10) years
in the case of major rehabilitation or conversion, or for three (3) years for other rehabilitation
activities (other than major rehabilitation or conversion). Any building for which ESG funds are
used for other eligible activities must be maintained as a shelter for the homeless for the period
during which such assistance is provided.
B. Any real property under the Provider's control that was acquired or improved in whole or in part
with ESG funds (including ESG funds provided to the Provider in the form of a loan) must either:
1. be used as a homeless facility for either ten (10) years or three (3) years after expiration of
the Agreement as described above, or for such longer period of time as determined to be
appropriate by the City; or
2. if not used in accordance with the above paragraph (1), 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-ESG funds for the acquisition of, or improvement to, the
property. No payment is required after the period of time specified in this section.
SECTION IV
METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid hereunder for actual
expenditures incurred shall not exceed Twenty -One Thousand Four Hundred and Fifty 00/100 dollars
($21,450) from FY 1999/2000 ESG funds (the Grant Award). Such funds must be expended during the term
of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation shall
be paid in accordance with the Budget attached hereto and made a part hereof as Appendix 1.
A. The Provider shall submit monthly requests for payment for actual and/or anticipated expenditures,
including applicable back-up documentation, no later than the tenth (10th) day of the succeeding
month and the City will provide payment, upon approval, within ten (10) working days after receipt
of the same, if submitted by the deadline date for inclusion on the drawdown request. Anticipated
expenditures shall only be paid by the City upon demonstration by the Provider that procedures are
in place to assure that the time period between payment by the City and disbursement by the
Provider for the anticipated expense will be kept to a minimum. Additionally, the Provider must
provide proof of disbursement for anticipated expenditures by the end of the succeeding month.
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B. The Provider shall submit the final request for payment no later than October 10th, 2000. Invoices
submitted after this date may not, at the City's discretion, be paid and the City shall not be liable for
such costs.
C. The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly
basis in accordance with the Budget attached hereto and made a part hereof as Appendix 1. Budget
line item transfers are allowable only within each Activity, and must have prior written approval of
the City. The Provider must request budget line item changes in writing, in order to be reviewed by
the City. A revised budget must be submitted to the City, after receiving approval.
SECTION V
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they
have been reduced to writing and duly signed by both parties. However, any changes which do not
substantially change the scope of the Program or increase the total amount payable under this Agreement,
shall be valid only when reduced to writing and signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the
Agreement unless and until the City officially, in writing, approves such expenditure by executing a written
modification to the original Agreement.
SECTION VI
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve homeless individuals residing within the City limits of Miami Beach or
individuals who are facing eviction or termination of utility services and are eligible to receive
homeless prevention services in accordance with federal guidelines (the potential homeless), as
outlined in Section I of this Agreement.
B. The Provider shall maintain in its file the documentation on which basis it determines that the
Program benefits such homeless or potential homeless persons from Miami Beach. Such records
shall include, but not be limited to: profiles identifying financial classification, head of household,
ethnicity, race, and gender, and, if applicable, eviction or utility shut-off notices.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
1. Logging citizen comments or complaints when received.
2. Maintaining copies of comments and/or complaints received in writing.
3. Maintaining copies of responses to complaints and/or explanations of resolutions to
complaints.
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D. No expenditures or obligations shall be incurred for the program prior to approval and release of
funds from HUD. Further, it is expressly understood that in the event no funds are released from
HUD in connection with this Program, then the City is not liable for any claims under this
Agreement.
E. The Provider hereby certifies, pursuant to 24 CFR 576.57(a)(2), that no person shall be denied the
benefits of the program on the ground of race, color, national origin, sex, religion, age, familial
status or disability. The Provider must also make known that use of facilities or services provided
with ESG Program funds is available to all on a nondiscriminatory basis.
F. The Provider agrees that when sponsoring a Program financed in whole or in part under this
Agreement, 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 shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH EMERGENCY
SHELTER GRANTS PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS
FUNDS ADMINISTERED BY THE COMMUNITY/ECONOMIC
DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
G. The Provider shall ensure the following minimum criteria when entering into a sub -contract
agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
3. The amount of the sub -contract agreement, price components, method of payment, and
funding sources shall be detailed.
4. A provision requiring compliance with all regulatory requirements of this Agreement shall
be incorporated.
5. Written approval from the City shall be received prior to entering into any sub -contract
agreement. Failure to obtain prior approval will release the City of any obligation to
reimburse the Provider for any costs incurred.
H. The Provider shall maintain sufficient records to determine compliance with all requirements of this
Agreement, the ESG Program, and any other applicable laws and regulations. This documentation
shall include, but not be limited to, the following:
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1. 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.
2. Time sheets for split -funded employees, which work on more than one activity, in order to
record the ESG activity delivery cost by Program and the non-ESG related charges.
3. How the objectives of the ESG Program and the eligibility requirement(s) for serving
homeless individuals or the potential homeless from Miami Beach under which funding has
been received, have been met.
I. 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 three 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 close-out of this Agreement, of the address where the records are to be
kept.
J. In the event that the Provider is an organization and/or entity receiving or having received ESG
funds for the purpose of acquiring property intended to be owned or maintained for the use of said
organization and/or entity, the City, through its Community/Economic Development Department,
may, at its discretion and upon individual evaluation, require the Provider to enter into a separate
agreement further restricting the use of the subject property; as well as requiring additional terms
and conditions relative to the use of the organization and/or entity's future funds, monies, etc., being
used and/or committed toward the buy -down of any debt existing on the property.
SECTION VII
APPLICABILITY OF OMB CIRCULARS AND OTHER FEDERAL REQUIREMENTS
A. The Provider shall comply with the requirements and standards of OMB Circular No. A-122, "Cost
Principles for Non-profit Organizations", 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 ESG provision as they
relate to the acceptance and use of Emergency Shelter Grants amounts, as applicable.
B. The Provider will comply with the policies, guidelines, and requirements of 24 CFR Part 85
(codified pursuant to OMB Circular No. A-102) and OMB Circular NO. A-87, as they relate to the
acceptance and use of Emergency Shelter Grants amounts, as applicable.
C. The Provider will comply with all of the provisions of 24 CFR 576.57 entitled "Other Federal
Requirements".
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SECTION VIII
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
A The Provider shall comply with First Amendment Church/State principles, as follows:
1. 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.
2. It will not discriminate against any person applying for shelter or other eligible ESG
activities on the basis of religion and will not limit such services or give preference to
persons on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious worship or
services (not including voluntary nondenominational prayer before meetings), engage in no
religious proselytizing, and exert no other religious influence in the provision of such shelter
or other eligible ESG activities.
4. Funds received under this Agreement used to rehabilitate or convert any facility which is
owned by a primarily religious Provider must comply with 24 CFR 576.23.
SECTION IX
ASSISTANCE TO THE HOMELESS
Providers must comply with the provisions of 24 CFR 576.56 which requires that homeless
individuals and families must be given assistance in obtaining: (a) appropriate supportive services, including
permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other
services essential for achieving independent living, and (b) other Federal, State, Local and private assistance
available for such individuals. Providers must also comply with requirements relating to the confidentiality
of records pertaining to family violence prevention or treatment services in accordance with 24 CFR
576.56(a)(2) and 42 U.S.C. 11375(c)(5). Providers must also comply with the requirements of 24 CFR
576.56(b), relating to participation of homeless individuals on its policymaking entity and in providing work
or services to facilities or activities assisted with ESG funds.
SECTION X
ADA COMPLIANCE
The Provider agrees to adhere to and be governed by all applicable requirements of the laws listed
below including, but not limited to, those provisions pertaining to employment, provision of programs and
services, transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
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The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
The Provider must complete and submit the City's Disability Non -Discrimination Affidavit (the
Affidavit). In the event the Provider fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to
be appropriate, including but not limited to, withholding of payments to the Provider under the Agreement
until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the
event, the City cancels or terminates the Agreement pursuant to this Section, the Provider shall not be
relieved of liability to the City for damages sustained by the City by virtue of the Provider's breach of the
Agreement.
SECTION XI
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies to be used for compensation,
contemplated by this Agreement, originate from grants of Emergency Shelter Grants Program 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 Provider 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.
In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable,
the City or any individual member of the City Commission thereof personally for the performance of this
Agreement and all of the parties hereto shall be released from further liability each to the other under the
terms of this Agreement.
SECTION XII
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 576. Additionally, the Provider will comply with all state and local laws, ordinances and resolutions
hereto applicable.
SECTION XIII
MATCHING REQUIREMENTS
The Provider herein warrants that it will comply with the provisions of 24 CFR 576.51 and 42 U.S.C.
11375(a)(3) and will provide the required dollar for dollar match from sources other than ESG, in accordance
with Appendix 1. The Provider will provide the City with evidence of such matching funds.
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SECTION XIV
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any functions or
responsibilities in connection with Emergency Shelter Grants 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 576.57 (d) "Conflicts of Interest", and the Federal, State, Miami -
Dade 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 XV
REPORTING AND EVALUATION REQUIREMENTS
An effective method for maintaining program progress against a previously established schedule is
through program evaluation and reporting, which will consist of both written reports and staff discussions
on a regular basis. The City will monitor each Activity as required by HUD. The Provider also assures
prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall
include the request for payment when applicable. Contents of the Monthly Report, attached hereto
and made a part hereof as Appendix 2, shall include but not necessarily be limited to, the following:
1. The Narrative Report.
2. The Financial Status Report which shall include the request for payment and documentation.
3. The Client Profile Report.
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. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how
the objectives of preventing homelessness or serving homeless persons who reside in Miami Beach
were met, must be submitted by the Provider to the City's Community/Economic Development
Department for review and approval. The contents of same shall include a cumulative total of the
data submitted during the Program's operation. Further, such report shall include statistical findings
which depict Program efficiency; i.e., the number of dollars spent, including non-ESG funding
sources, to render actual service to Program recipients, and an overall evaluation of the Program's
effectiveness, and quantitative results. The final report will be evaluated and the Provider will be
notified if additional data is necessary or that the Program is considered "closed -out".
Other Reporting Requirements may be required by the City in the event of Program changes, the
need for additional information or documentation arises, and/or legislative amendments are enacted. The
Provider shall be informed, in writing, if any changes become necessary.
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Reports and/or requested documentation not received by the due date, shall be considered delinquent,
and shall be considered by the City, at its sole discretion, as sufficient cause to suspend ESG payments to
the Provider.
SECTION XVI
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.
Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the
Provider's fiscal year. Sub -recipients 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 close-out.
SECTION XVII
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City 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, servants, employees, contractors, patrons, guests, clients, licensees or invitees.
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, when applicable, and shall pay all costs and judgements which may
issue thereon.
The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage
for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit. The policy must include
coverage for contractual liability to cover the above indemnification. The City of Miami Beach shall be
named as an additional insured. The Provider shall hold proof of Workers' Compensation Coverage as per
statutory limits of the State of Florida.
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.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All insurance
companies must be rated B+ VI by A.M. Best.
All insurance coverage shall be approved by the City's Risk Manager prior to the release of any
funds under this Agreement.
In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty
(30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall
have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is
secured from the City Administration.
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SECTION XVIII
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, less the amount of all funds actually paid
by the City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an
amount in excess of $10,000 which amount shall be reduced by the amount of the funding actually paid by
the City to Provider pursuant to this Agreement, 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 XIX
VENUE
This Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami -Dade County, Florida.
SECTION XX
TERMINATION
The City and the Provider agree that this Agreement may be terminated in whole or in part for
convenience and without cause by either party hereto by written notice to the other party of such intent to
terminate at least thirty (30) days prior to the effective date of such termination. However, if, in the case of
a partial termination, the City determines that the remaining portion of the Agreement will not accomplish
the purposes of such Agreement, the City may terminate such in its entirety.
Notwithstanding the preceding paragraph, the City may also place the Provider in default of this
Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. "Cause" shall
include, but not be limited to, the following:
A. Failure to comply and/or perform in a material way, as same shall be determined by the City in its
sole discretion, in accordance with the terms of this Agreement, or any Federal, State, County or
City of Miami Beach statute 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.
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E. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the
sub -recipient, 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 clearing the deficiency; and (iii) a
reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. In the
event that Provider fails to correct such deficiency within the forestated period, and following such notice
from the City, this Agreement shall be terminated by the City, without further notice to Provider.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 such funds are no longer available.
Costs of the Provider resulting from obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or
subsequent thereto. Other costs during suspension or after termination which are necessary and not
reasonably avoidable are allowable if, in the sole discretion of the City:
A. The costs resulting from obligations which were properly incurred before the effective date of
suspension or termination, are not in anticipation of it, and in the case of termination, are
noncancelable; and
B. The costs would be allowable if the award were not suspended or expired normally at the end of the
funding period in which the termination takes effect.
In the event of termination of the Agreement, at its sole discretion, the City may require Provider
to transfer any ESG assets to the City pursuant to Section III herein.
SECTION XXI
NOTICES
All notices required under this Agreement shall be sent to the parties at the following address:
City:
Provider:
Joanna Revelo, Community Development Division Director
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Ms. Beth Lang, Executive Director
Better Way of Miami, Inc.
800 N.W. 28th Street
Miami, FL 33127
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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.
ATTEST: THE CITY OF MIAMI BEACH, FLORIDA
CITY CLERK
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MAYOR
WITNESSES: BETTER WAY OF MIAMI, INC.
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11
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
BUDGET SUMMARY SHEET
Funding Year 1999/2000
SFRVTCE
Activity Name:
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Project Op( rator:
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APPENDIX 2
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
FINANCIAL STATUS REPORT
4111111.11,
CMB Budget Account 137.5190.000345
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Month/Year
Provider: Better Way of Miami, Inc. Project Name: Emergency Shelter and Intervention
Services
Reporting Period: Date Submitted:
Person Submitting Report: Title:
Signature:
Month
October 1999
November 1999
December 1999
January 2000
February 2000
March 2000
April 2000
May 2000
June 2000
July 2000
August 2000
September 2000
CDBG Year 25
FY 1999/2000
Budget Amount
Description
$21,450
Monthly Expenses Year to Date Expenses
$0.00 $0.00
$0.00 $0.00
$0.00
Reimbursement
Available Funds
Approved By
$0.00
$0.00
$0.00
CITY OF MIAMI BEACH
eja COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Provider: Better Wav of Miami. Inc. Project Name: Emergency Shelter and Intervention Services
Reporting Period: Date Submitted:
Person Submitting Report: Title:
Signature:
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. If no 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 CDBG
funding. Describe any special recognitions, awards and circumstances encountered during the past month.
II. Client Profile Report
Clients Income Range Ethnicity
White Black
Month New YTD 50% 80% Not Hispanic Not
(VLI) (LM) Hispanic Hispanic
Hispanic
American Asian/
Indian Pacific
Islander
/Other
Female Special
HOH Needs
I Oct.
Nov.
Dec.
Jan.
Feb.
March
April
Mav
June
July
Aue.
Sent.
Total 0 0 0 0 0 0 0 0 0 0 0 0
Notes: (1) 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
APPENDIX 4
REQUIRED CERTIFICATIONS
CERTIFICATION REGARDING LOBBYING
DRUG-FREE WORKPLACE REQUIREMENTS
DISABILITY NONDISCRIMINATION AFFIDAVIT (ADA)
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub -recipient: Better Way of Miami, Inc.
Grant Program Name: EMERGENCY SHELTER GRANTS PROGRAM
Grant Number: S -99 -MC -12-0007
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or any employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub -awards shall certify
and disclose accordingly.
Better Way of Miami, Inc.
BETH LANG, EXEC.D1RECTOR
Print Name and Title of Authorized Signator
10/25/99
Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS,
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub -recipient: Better Way of Miami, Inc.
Grant Program Name: EMERGENCY SHELTER GRANTS PROGRAM
Grant Number: S -99 -MC -12-0007
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance of
work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
BETTER WAY OF MIAMI, INC.
—300 N W 28TH STREET
MIAMI, FL 33127
Better Way of Miami, Inc.
BETH LANG. EXEC.DTRF.GTOR
Print Name and Title of Authorized Signator
10/25/99
Date
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE ESG CONTRACT. Fiscal Year 1999/2000
NAME OF FIRM, CORPORATION, OR ORGANIZATION Better Way of Miami, Inc.
AUTHORIZED AGENT COMPLETING AFFIDAVIT
BETH LANG
POSITION EXECUTIVE DIRECTOR PHONE NUMBER ( )30s/614-1409
J BETH LANG , being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to continue to comply
with, and assure that any subcontractor, or third party contractor under this project complies with all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to employment,
provision of programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-
12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title
III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
SUBSCRIBED AND SWORN TO (or affirmed) before me on
Io -as -GG
(Date)
I() -- 3 5 --qr)
Date
by
He is personally knowto me or has presented
(Affiant) (Type of Identification)
JL-
\
�
.(Slgn
of Notary)
(Print or Stamp Name of Notary)
G
Notary Public
OFT.!UAL NOTARY SEAL
PHYLLIS M JOHNSON
NOTCOPLIBUC STATE OF OMMIS61ON NO. CC565861
XXAMPIESION EXP. N6 23
(State) Notary Seal
as identification.
CC -5‘g cot
(Serial Number)
(Expiration Date)
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete
and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit
on file with the City of Miami Beach.
Page 1 of 1
APPENDIX 5
ADDITIONAL CERTIFICATIONS
(IF NECESSARY)
CDBG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
LEAD BASED PAINT REQUIREMENTS
ECONOMIC DEVELOPMENT ACTIVITIES
RELIGIOUS ORGANIZATION REQUIREMENTS
CERTIFICATION OF
RELIGIOUS ORGANIZATION REOUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles", ESG
assistance may not, as a general rule, be provided to primarily religious entities for any secular or
religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that
it is, or may be deemed to be, a religious or denominational institution or an organization operated for
religious purposes which is supervised or controlled by or operates in connection with a religious or
denominational institution or organization.
A religious entity that applies for and is awarded ESG funds for public service activities must
agree to the following:
1. 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;
2. It will not discriminate against any person applying for such public services on the basis of
religion and will not limit such services or give preference to persons on the basis of religion;
3. It will provide no religious instruction or counselling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of
such public services;
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations; and
The funds received under this Agreement shall not be used to construct, rehabilitate, or restore
any facility which is owned by the Provider and in which the public services are to be provided.
However, minor repairs may be made if such repairs are directly related to the public services; are
located in a structure used exclusively for non -religious purposes; and constitute, in dollar terms, only a
minor portion of the ESG expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
Better W y of Miami
gnature
0
BETH LANG, EXEC. DIRECTOR
Print Name and Title of Authorized Signator
10/25/99
Date
Page 1 of 1
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
LOW/MODERATE INCOME DATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE 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 1 TOTAL L/M PERSONS 1 TOTAL PERSONS I % LOW/MOD I
40.00-5 310 448
41.01-1 614 757
41.01-2 2,137 4,002
41.01-3 810 1,511
42 10,042 13,736
43 6,728 9,582
44 10,774 13,244
45 1,768 2,307
TOTAL 1 33,183 1 45,587
CENSUS TRACT
39.05-2
39.05-4
TOTAL
CENSUS TRACT
39.01-1
39.01-2
39.01-3
39.01-4
39.01-5
39.01-6
39.02-1
39.02-2
39.02-3
39.02-4
ITOTAL
NORMANDY ISLE TARGET AREA
TOTAL L/M PERSONS 1 TOTAL PERSONS
2,408 3,346
2,401 3,071
4,809 1 6,417
69.20
81.11
53.40
53.61
73.11
70.21
81.35
76.64
73% L/M
% LOW/MOD
71.97
78.18
75% L/M
NORTH SHORE TARGET AREA
TOTAL L/M PERSONS I TOTAL PERSONS I % LOW/MOD
603 1,036 58.20
620 836 74.16
407 468 86.97
518 772 67.10
1,593 2,256 70.61
1,581 2,240 70.58
704 897 78.48
876 1,187 73.80
211 211 100.00
1,564 2,097 74.58
8,677 I 12,000 1 72% L/M
SOURCE: U.S HUD Memorandum "CDBG 1990 Census Income Summary Data" (ISD), 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 Tess
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 I MODERATE INCOME* I 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
PERCENTAGE OF LOW/MOPFRATF 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 83.37
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 U.S.C. 1701u. 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 under 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:
(1) 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 pay or 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
(7)
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.
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 D 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
DAVIS-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 1
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 of 7
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 HUD 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 CHAS 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-Sufficiencv (FSSI Program: A program enacted by Section 554 of the 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 HUD'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 HUD -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 Ouarters: Facilities providing living quarters that are not classified as housing units. (U.S.
Page 2 of 7
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 1C 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.)
Institutions/Institutional: 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 of HUD'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 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 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 of 7
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-Elderlv 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 of the 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 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 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".)
Proiect-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.
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Public Housing CIAP: 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.
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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.
Sunnortive 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 Awaiting 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.)
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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.
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