Miami Beach Dev. Corp
CDBG AGREEMENT
This Agreement is entered into this 1 st 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 MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION 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 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"; 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 Partnerships Program, the necessity for
providing the following program (s) in Miami Beach: R.A.I.N. Emergency Assistance Program
(collectively, the Program); 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
The Provider agrees to implement the Program Year 25 Activity/Activities (the Activity or collectively,
the Activities) in accordance with the Budget, as follows:
R.A.I.N. Emergency Assistance Program $30,000
570.204, 570.208(a) (1)
In partnership with R.A.I.N. Parents ofFienberg/Fisher School, to provide emergency grant payments
for food and/or shelter; medical assistance, housing assistance and child care provided that the
payments do not exceed three months per family and the payments are made directly to the provider
of such services on behalf of income-eligible Miami Beach families. The Provider shall continue to
provide part-time employment to three (3) income eligible elementary school parents.
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 specified
herein may be subject to any applicable term restrictions and limitations prescribed by HUO, and/or as may
be otherwise prescribed herein.
SECTION III
REVERSION OF ASSETS
The Provider shall, in the event of a tennination of this Agreement pursuant Section XX herein, or
upon expiration of the Agreement, transfer to the City any COBG funds on hand at the time of termination or
expiration and any accounts receivable attributable to the use of COBG funds. Any real property under the
Provider's control that was acquired or improved in whole or in part with COBG funds (including COBG funds
provided to the Provider in the form of a loan) in excess of $25,000 must either:
A. be used to meet one ofthe national objectives in 24 CFR 570.208 (formerly section 570.901) until five
years after expiration of the Agreement, or for such longer period of time as determined to be
appropriate by the City; or
B. ifnot used in accordance with the above paragraph (A), the Provider shall pay to the City an amount
equal to the current market value of the property less any portion of the value attributable to
expenditures of non-COBG 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 Thirty Thousand and and 00/100 dollars ($30,000) from Program
Year Twenty-Five (25) COBG funds. 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 semi-monthly requests for payment of City approved anticipated
expenditures, and the City will provide payment, upon approval, within ten (10) working days after
receipt of same, if submitted by the deadline date for inclusion on the draw down request.
B. The Provider shall submit monthly requests for payment for actual expenditures, including applicable
back-up documentation, no later than the tenth (10th) day ofthe 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.
C. The Provider shall submit the final request for payment no later than October 10th, 2000. Invoices
submitted after this date will not be paid and the City shall not be liable for such costs.
O. 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
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the City. A revised budget must be submitted to the City after receiving approval of the line item
transfer.
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 income-eligible persons living within Miami Beach, principally in those areas
containing a high concentration of such persons.
B. The Provider shall maintain in its file the documentation on which basis it determines that the Program
benefits income-eligible persons, minorities and residents of Miami Beach. Such records shall
include, but not be limited to, the following:
I. Profiles identifying financial classification, head of household, ethnicity, race and gender, or
area benefit data, as required.
2. An outreach plan which insures equitable participation by all eligible Miami Beach residents,
and delineates steps taken to solicit increased participation of minority groups.
C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited
to the following:
I. 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.
D. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when applicable,
incorporated by reference into this Agreement.
E. 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.
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F. The Provider shall certify, pursuant to Section 109 of the Act, as amended, that no person shall be
denied the benefits of the program on the ground of race, color, national origin or sex.
G. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed
by said party, it will take affirmative action in attempting to employ income-eligible persons residing
in the City of Miami Beach, particularly minority group members.
H. The Provider shall comply with the provisions of24 CFR 570.504 (a) and (c), relating to "Program
Income", gross income directly generated from the use ofCOBG funds, and 24 CFR 570.500 (a) and
(c). In those instances where the City allows the sub-recipient to retain program income, these funds
shall be expended for COBG eligible activities, approved by the City in accordance with the Budget
attached to or referenced in this Agreement. At the end of the program year, the City may require
remittance of all or part of any program income balances (including investments thereof) held by the
Provider (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash
balances from a lump sum drawdown, or cash or investments held for Section 108 loan guarantee
security needs).
I. 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 ofthe 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 Provider.
J. 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.
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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.
K. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to
determine compliance with the requirements of this Agreement, the Community Development Block
Grant Program, and all applicable laws and regulations. This documentation shall include, but not be
limited to, the following:
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 CDBG activity delivery cost by Program and the non-CDBG related charges.
3. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility
requirement(s) under which funding has been received, have been met. These also include
special requirements such as necessary and appropriate determinations as defined in 24 CFR
570.209, income certifications, and written agreements with beneficiaries, where applicable.
L. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an
orderly fashion in a readily accessible, permanent and secured location for a period of four (4) years
after expiration of this Agreement, with the following exception: if any litigation, claim or audit is
started before the expiration date of the four 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 ofthis Agreement, of the address where the records are to be kept.
M. In the event that the Provider is an organization and/or entity receiving or having received CDBG
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 UNIFORM ADMINISTRATIVE REQUIREMENTS
A. The Provider shall comply with the requirements and standards of OMB Circular No. A-I22, "Cost
Principles for Non-profit Organizations", orOMB Circular No. A-21, "Cost Principles for Educational
Institutions" as applicable.
B. The Provider shall comply with the following provisions of the Uniform Administrative requirements
ofOMB Circular A-IIO (implemented at 24 CFR Part 84, "Uniform Administrative Requirements
for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations") or the related CDBG provision, as specified in this paragraph:
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1. Subpart A - "General";
2. Subpart B - "Pre-Award Requirements", except for 984.12, "Forms for Applying for Federal
Assistance";
3. Subpart C - "Post-Award Requirements", except for:
a. Section 84.22, "Payment Requirements" - Grantees shall follow the standards of 9S
85.20(b)(7) and 85.21 in making payments to sub-recipients;
b. Section 84.23, "Cost Sharing and Matching";
c. Section 84.24, "Program Income" - In lieu of 9 84.24, CDBG sub-recipients shall
follow 9 570.504;
d. Section 84.25, "Revision of Budget and Program Plans";
e. Section 84.32, "Real Property" - In lieu of S84.32, CDBG sub-recipients shall follow
S 570.505;
f. Section 84.34(g), "Equipment" - In lieu of the disposition provisions of S 84.34(g),
the following applies:
(i). In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
(ii). Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
g. Section 84.51 (b), (c), (d), (e), (t), (g), and (h), "Monitoring and Reporting Program
Performance";
h. Section 84.52, "Financial Reporting";
1. Section 84.53(b), "Retention and access requirements for records". Section 84.53(b)
applies with the following exceptions:
(i). The retention period referenced in S 84.53(b) pertaining to individual CDBG
activities shall be four years; and
(ii). The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than from
the date of submission of the final expenditure report for the award;
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J. Section 84.61, "Termination" - In lieu of the provisions of 9 84.61, CDBG sub-
recipients shall comply with 9 570.503(b )(7); and
4. Subpart D - "After-the-Award Requirements" - except for 9 84.71, "Closeout Procedures".
SECTION VIII
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
The Provider shall comply with First Amendment Church/State principles, as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of religion and
will not limit employment or give preference in employment to persons on the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of religion and will
not limit such services or give preference to persons on the basis of religion.
C. It will provide no religious instruction or counseling, conduct no religious worship or services, engage
in no religious proselytizing, and exert no other religious influence in the provision of such public
services.
D. 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.
E. 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 CDBG expenditure for the public services.
SECTION IX
ECONOMIC DEVELOPMENT AND SPECIAL ACTIVITIES BY COMMUNITY-BASED
DEVELOPMENT ORGANIZATIONS (CBDOs)
Providers who are Community Based Development Organizations (CBDOs) must comply with the
provisions of24 CFR 570.204. For Activities that are eligible under 24 CFR 570.203 or 570.204, if otherwise
eligible under section 570.203, the Provider will ensure that the guidelines of section 570.209 are followed,
including the determination of the appropriate level of public benefit, before obligating funds under this
Agreement.
The Provider shall adhere to the applicable requirements contained in the "Acknowledgment of
Economic Development Activities", attached hereto and made a part hereof as Appendix 5, if applicable.
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.
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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 11, Public
Services; Title Ill, 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. Sections 3601-3631.
The Provider must complete and submit the City's Disability Non-Discrimination Affidavit (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 ofthe 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,
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 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 570 Subpart K. Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable.
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SECTION XIII
RESTRICTIONS FOR CERTAIN RESIDENT ALIENS
Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits
under covered activities funded by the Community Development Block Grant Program. "Benefits" under this
section means financial assistance, public services, jobs and access to new or rehabilitated housing and other
facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation
services and payments to which displacees are entitled by law.
SECTION XIV
CONFLICT OF INTEREST
The Provider covenants that no person under its employ who presently exercises any functions or
responsibilities in connection with Community Development funded activities has any personal financial
interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will
comply with all provisions 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. 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
Maintaining credibility for the community development effort rests heavily on the ability to produce
an impact in income-eligible areas, through progress in accomplishing scheduled activities. 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.
As required by HUD, the City will conduct monitoring visits to the Provider as m.~eded. 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 Statutory National Objective and the eligibility requirements 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.
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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 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 Activity 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.
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 CDBG 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 ofthe 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 1801 days after the end of the
Provider's fiscal year. Sub-recipients shall comply with the requirements and standards of OMB A-I33,
"Audits ofInstitutions 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, licenses 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.
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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 ofthis 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.
SECTION XVIII
LIMIT A TION OF LIABILITY
The City desires to enter into this Agreement only ifin 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 ofthis 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 $1 0,000, 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, in its sole discretion, determines that the remaining portion of the Agreement
will not accomplish the purposes of such Agreement, the City may terminate same in its entirety, in the manner
provided in this paragraph.
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:
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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 ofthis 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 ofthis Agreement, for any reason, is rendered impossible or infeasible.
D. Failure to respond in writing to any concerns raised by the City, including substantiating documents
when required/requested by the City.
E. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring 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 ifthe 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 CDBG 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:
Joanna Revelo, Director, Community Development Division
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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Provider:
Mr. Roberto Datorre, Acting President
Miami Beach Community Development Corp.
1205 Drexel Avenue
Miami Beach, Florida 33139
Ms. Leslie Thompset
R.A.I.N. Parents, Inc.
1424 Drexel Avenue
Miami Beach, Florida 33139
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:
JOlu.t~r(klL~
CITY CLERK
WITNESSES:
Y~0;
ffll:J An -Ion
J~rL~
Pnrr AD+on
THE CITY OF MIAMI BEACH, FLORIDA
MAYOR ~
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
~;~hOR
Rob~f/c; /Jcth/II) In k-/,1Y1 (Jr~s;dt n l
PRINT OR T:VP~ NAME AND
T-J1LE /AUT~ORIZED SIGNATOR
I '
R.j\.I.N.
~ r \ 5:)(\ I Pbnrw
RINT OR TYP NAME AND
TITLE OF AUTHORIZED SIGNATOR
APP~~O\fED A<; TO
FORrA 8, LANGUAGE
& FOR EXECUTION
F:IDDHPI$ALLIL YSSETTEIACTPLANICONTRACTlMBCRAIN. WPD
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4f6!fiL- /O/&~~
rfl&)I Date
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
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APPENDIX 2
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
FINANCIAL STATUS REPORT
m
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
~
Project Name: MBCDC RAIN Emer~ency Assistance Pro\:
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. 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 ofCDBG
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 American Asianl
Indian Pacific
Month New YTO 50% 80% Hispanic Islander
(VLl) (LM) Hispanic. Hispanic IOther
Oct.
Nov.
Dec.
Jan.
Feb.
March
Amil
Mav
June
Julv
Au!:!:.
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.
m
I CMB Budget Account 130.5443.000345
MonthN ear
-
-
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider:
Miami Beach Community Development Corp.
Project Name: MBCDC RAIN Emergency Assistance Prog
Date Submitted:
Title:
Reporting Period:
Person Submitting Report:
Signature:
CDBG Year 25 $30,000
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
I: AlfproVed BY.......'
APPENDIX 3
SCHEDULE OF WORK TO BE IMPLEMENTED
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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:
Miami Beach Community Development Corp.tRAIN Parents Inc.
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-99-MC-12-0014
Date:
\0,- a,rJ -C1~
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 accordanc,e with its instructions.
3. The undersigned shall require that the language of this certification bt: 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.
Miami Beach Community Development Corp.tRAIN Parents, Inc.
~~
Signature
'~C)~(-\L> 'fu-\.o,(C ~\e.-i\ri\. ~'e5\del\\-
Print Name and Title of Autho\ized Signator
\0 -9-~-~ ~
Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
Miami Beach Community Development Corp,,/RAIN Parents Inc.
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-99- MC-12-00 14
Date:
tr)-,~ 'l-C1 C1
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):
J~()5 Dr e:K~ \ C=+Venu c-
'-\\.~0"'\' \be-C\B_~ l r~\ 33l ~ ~
DCkk C00~-\-'i
Miami Beach Community Development Corp.tRAIN Parents, Inc.
,
~~to ~~<<e ~\e.-'\'orY\ ~f~~\&"~
Print Name and Title of Authorize~ Signator
\ D "9-\4c~
Date
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINA nON AFFIDA VlT
CONTRACT REFERENCE CDBG CONTRACT YEAR 25. Fiscal Year 1999/2000
NAME OF FIRM, CORPORATION, OR ORGANIZATION Miami Beach Community Development Corp.!
RAIN Parents. Inc.
AUTHORIZED AGEN,!, COME.LETING ~FFIDA VIT
POSITION -::Ln-k::('Il'V\ ..vfe.~,den .-t-
Aoberk, Ix,br f(~
PHONE NUMBER3o.~- 537.-00 9D
I, ~+>e( 6 'Do b\ (e. , 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 10 ~.:n-~ by
(Date)
~~
10 -d/qcl
Date
Qu~trvro
(Affiant)
D,~ "\D fU\.,\.
(Affiant)
He/She is personally known to me or has presented
as identification.
(Type of Identification)
,--.....,
~~)
(Si #'6 e gel; Jo
*~*MY Commission CC717557
-"""",,# Expires February 18, 2002
e c.. -, l 1 <-;'el
(Serial Number)
~~'$(W~~"'-' \ ~ d..o6
Expiration Date)
(Print or Stamp Name of Notary)
Notary Public C L,{) r'\A"t\ (l\
(State) Notary Seal
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/REHABILIT A TION I'ROJECTS
LEAD BASED PAINT REQUIREMENTS
ECONOMIC DEVELOPMENT ACTIVITIES
RELIGIOUS ORGANIZATION REQUIREMENllS
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
LOW~ODERATEINCOMEDATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOW~ODERATE 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 TOTAL L/M PERSONS TOTAL PERSONS ] % LOW/MOD I
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 ] 73% L/M I
NORMANDY ISLE TARGET AREA
CENSUS TRACT TOTAL LlM PERSONS TOTAL PERSONS ] % LOW/MOD I
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 ] 75% L/M I
NORTH SHORE TARGET AREA
CENSUS TRACT TOTAL LlM PERSONS TOTAL PERSONS ] % LOW/MOD I
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 ] 72% LlM I
SOURCE: V.S HVD 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 less
than, the limits cited below. Individuals who are unrelated but are sharing the same household shall each
be considered as one person households.
I HOUSEHOLD SIZE I MODERATE INCOME* I LOW INCOME** I
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 /MOD ERA TE 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
41.0 I 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
EQUAL EMPLOYMENT OPPORTUNITY CLAUSI~
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 includ(~, 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 ofthe 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 ofthe 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
EQUAL EMPLOYMENT OPPORTUNITY CLAUS:E~
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
remedies invoked as provided in Executive Order 11246 of Septemb'~r 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 (I) 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, ifthe
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
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-Sufficiency (FSS) Pro~ram: 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 RUD'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 dl~fined 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 1 C 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.)
lnstitutions/lnstitutional: 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 p'~rson 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, exceplt 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 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 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 HOD'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 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 HOD, 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 ofHUD'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, inclluding 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 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.)
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 MFl)
have been established in the CRAS 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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