MBCDC COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
This Agreement made and entered into this 1st day of October, 2002, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider".
Wlql~REAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant Program for the period
October 1, 2002, to September 30, 2003 (hereinafter "the contract period"); and
WYIEREAS, the primary objective of the Community Development Block Grant (CDBG)
Program is the development of viable urban communities, including decent housing and a suitable living
environment and expanding economic oppommities principally for persons of low and moderate income;
and
WHEREAS, thc One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2002-24948 on July 31, 2002; and
WHEREAS, the City has deter-mined, through its One-Year Action Plan for federal funds for
Fiscal Year 2002/2003, the necessity for engaging the Provider to render the following services in Miami
Beach: Preservation and Rehabilitation Program (collectively, the PrBgram).
NOW, TI~EREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement:
· Attachment I contains a description of the Program service and goals offered by the
Provider.
· Attachment II is a line itern budget.
· Attachment III outlines financial management procedures and reporting forms for use
with Community Development Block Grant funds.
· Attachment IV contains applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement thc activities in accordance with
the Budget, as described in Attachments I and II.
Section 3.
Preservation and Rehabilitation Program
(570.208(a)(1)/570.202)
To provide matching, grants to property and business owners in the designated CDBG
target areas in order to rehabilitate commercial buildings and encourage economic
revitalization.
Agreement Amount: The City agrees to make available ONE HUNDRED TWENTY
THOUSAND DOLLARS AND 00/100 ($120,000) for usc by thc Provider during the term
of the Agreement.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Alterations: Any proposed alterations in thc Program offered by the Provider and/or the
budget shall first be submitted to and approved in writing by the City, said approval at the
City's sole judgement and discretion.
Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to thc City on the l0th day of each month, throughout
thc term of this Agreement. Thc Provider also agrees to submit, on September 30, 2003, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures during the t,~m of this Agreement, including, but not limited to, performance
data on client feedback, with respect to thc goals and objectives outlined in Attachment I.
Attachment IH contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by the City in thc event of Program
changes; the need for additional information or documentation arises; and/or legislative
amendments arc enacted. The Provider shall be informed, in writing, if any changes
become necessary. Reports and/or requested documentation not received by thc duc date
shall bc considered delinquent and shall be considered by thc City, at its sole discretion, as
sufficient cansc to suspend pending CDBG payments to thc Provider, and/or terminate the
Agreerncnt for cause; pursuant to Section 12 herein.
Monitoring: The City shall schedule no less than one (1) monitoring visit with the
Provider to evaluate the progress and performance Of the Program and, at its discretion,
provide technical assistance.
Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of Community Development Block Grant funds
from thc U.S. Depathnent 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 agrccd that in the event of curtailment or non-production of said federal
grant funds, the financial sources necessary to continue to pay the Provider all or any
portions of the funds contemplated herein will not be available, and that this Agreement
will thereby terminate effective as of the time that it is determined by thc City, in its sole
discretion and judgement, that said funds arc no longer available. In the event of such
determination, thc Provider agrees that it will not look to, nor seek to hold liable, the City
nor any individual member of thc City Commission and/or City Administration thereof
personally for the performance of this Agreement and all of thc parties hereto shall be
released from further liability each to thc other under the terms of this Agreement.
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 thc laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, thc Provider will comply with all state and local (City and County) laws and
ordinances hereto applicable. It shall be thc Provider's sole and absolute responsibility to
continually familiarize itself with any and all such applicable federal regulations, as well
as any and all applicable state and local, laws and ordinances.
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
Section 10.
Section 11.
Section 12.
other facilities made available under activities funded by thc CDBG Program. "Benefits"
do not include relocation services and payments to which displacees are entitled by law.
Subcontract: No part of this Agreement may be assigned or subcontracted without thc
prior written consent of thc City, such consent to be at thc City's sole discretion and
judgement.
Term: This Agreement shall remain in effect f~om October 1, 2002, through September
30, 2003, with the understanding that at the end of any fiscal year during the term herein,
the City of Miami Beach City Commission has the authority to reappropriate any
remaining unused funds.
Termination of Agreement:
12.1 Termination for Convenience: The City and Provider agree that this Agreement
may be terminated 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. In the event of such termination for
convenience by either party, thc City shall cease any payments to Provider for costs
resulting from obligations, which were not properly incurred before the effective date
of termination. Additionally, Provider shall be solely responsible for submitting a
final report, as provided in Section 5 of the Agreement, detailing all Program
objectives, activities and expenditures up to the effective date of the termination.
Said "final report" shall be due within five (5) working days following the effective
date of the temiination. Upon timely receipt of Provider's "final report", the City, at
its sole discretion, shall determine the amount (if any) of CDBG funds to be retumcd
to thc City as a result of any incomplete Program items and/or items not satisfactorily
performed, and shall provide Provider with written notice of any monies duc. Said
monies shall be due immediately and payable upon receipt of such notice by
Provider. Notwithstanding the preceding, thc City reserves any and all legal rights
and remedies it may have with regard to recapture of the CDBG funds herein, or any
assets acquired or improved in whole or in part with said funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also
place thc Provider in default of this Agreement, and may suspend or terminate this
Agreement, for cause. "Cause" shall include, but not be limited to, the following:
Failure to comply and/or perform in a material way, as same shall be
determined by the City in its sole discretion and judgement, in accordance
with the terms of this Agreement, or any Federal, State, County or City
statute or regulation.
Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
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.
Section 13.
Section 14.
SecfionlS.
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 fi:om notification date. In
the event that Provider fails to correct such deficiency within the aforestated period,
and following such notice fi:om the City, this Agreement shall be considered
terminated for cause by the City, without further notice to Provider.
12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on, the funds by HUD, this Agreement will tcaninate, effective as
of the time that it is determined such funds are no longer available. Costs of the
Provider resulting fi:om obligations incurred during a suspension or after tcmdnation,
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:
The costs resulting fi:om obligations which were properly incurred before the
effective date of suspension or t¢iiiiination, are not in anticipation of it, and,
in the case of termination, are noncancelable; and
The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the tet ruination 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 16 herein.
Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department of
Labor regulations.
Program Income: Any "Program Income" (as such term is defined under applicable
federal regulations) gained fi:om any activity of the Provider, funded by CDBG funds shall
be reported to the City and utilized by the Provider in the operation of the CDBG-funded
activity during the term of this Agreement.
Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval fi:om the City and only in accordance with requirements set in 24 CFR
§570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
Section 16.
Section 17.
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.
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.
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 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.
Reversion of Assets: In the event of a terniination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any
CDBG funds on hand at the time of termination or expiration and any account receivable
aCuibutable to the use of CDBG funds.
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the Provider in the form of
a loan) in excess of $25,000 must either:
Be used to meet one of the national objectives in 24 CFR 570.208 (formerly
section 570.901) until five years after expiration oftbe term of this Agreement, or
for such longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or
such instalment as the City, at its discretion, determines appropriate; or
If not used in accordance with the above subsection (a), the Provider shall pay to
the City an amount equal to the current market value of the property less any
portion of the value attributable to expenditures ofnon-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the
period of time specified in subsection (a).
Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by
the U.S. Department of Housing and Urban Development for the administration and
implementation of thc Community Development Block Grant Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of thc U.S. Department of Housing
and Urban Development shall have access to any books, documents, papers and records of
thc Provider that arc directly pertinent to this Agreement for thc purpose of making audits,
examinations, excerpts and transcriptions. Thc Provider shall comply with the
requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-profit
Organizations", or OMB Circular No. A-21, '*Cost Principles for Educational Institutions"
as applicable. Thc Provider shall comply with thc following provisions of the Uniform
Administrative requirements of OMB Circular A-110 (implemented at 24 CFR Part 84,
"Unifmm 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:
a. Subpart A - "General";
Section 18.
Subpart B - "Pre-Award Requirements", except for {}84.12, "Forms for Applying
for Federal Assistance";
Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shall follow the standards
of§§ 85.20(b)(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of§ 84.24, CDBG sub-recipients
shall follow § '570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of§84.32, CDBG sub-recipients shall
follow § 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of§
84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), ' Retention and access requirements for records . Section
84.53(b) applies with the following exceptions:
The retention period referenced in § 84.53 (b) pertaining to individual
CDBG activities shall be four years; and
The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of§ 84.61, CDBG
subrecipients shall comply with § 570.503Co)(7); and
Subpart D - "After-the-Award Requirements" - except for § 84.71, "Closeout
Procedures".
Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research reports,
Section 19.
Section 20.
and similar public notices prepared and released by the Provider for, on behalf of, and/or
about the Program, shall include the statement:
"FUNDED BY TI]F. 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 THF, NEIGHBORHOOD
SERVICES DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the Community Development Block Grant Program, and all applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
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.
How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and.secured location
for a period of four (4) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the four
year period, the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, of the address where the records are to be kept.
Audits and Inspections: At any time during normal business hours, and as often as City
and/or Federal Government representatives may deem necessary, the Provider shall make
available all records, documentation, and any other data relating to all matters covered by
the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
Section 21.
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 fight
to recover any disallowed costs identified in an audit after such closeout.
IndemnificationfInsurance Requirements: The Provider shall indemnify and hold
harmless the City, its officers, employees and agents, from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligence or
misconduct on the part of the Provider or any of its agents, officers, servants, employees,
contractors, patrons, guests, clients, licensees or invitees pursuant to this Agreement
and/or the Program. The Provider shall pay all claims and losses of any nature whatsoever
in connection therewith and shall defend all suits in the name of the City, when applicable,
and shall pay all costs (including attorney's fees) and judgements which may issue
thereon. This Indemnification shall survive the termination and/or expiration of term of
this Agreement.
The Provider shall not commence any work and/or services pursuant to this Agreement
until all insurance required under this Section has been obtained and the City's Risk
Manager has approved such insurance. In the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the 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.
The Provider shall maintain and carry in full fome during the term of this Agreement
and/or throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
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.
Worker's Compensation and Employers Liability, as required pursuant to Florida
Statute.
Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement.
Limits for such coverage shall be in the amount of $500,000.
The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2002-24948 shall be
referenced in the certificate.
Thirty- (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Provider and
his/her insurance company.
The insurance must be furnished by insurance companies authorized to do
business in the State of Florida, and approved by the City's Risk Manager. Thc
companies must be rated no less than "B+" as to management, and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
Original Certificates of Insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These
Section 22.
Section 23.
Section 24.
certificates will be kept on file in the Office of the Risk Manager, Third Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and/or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the provision that
the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days
written notice to that effect, given by the insurance carrier to the City, and that the
insurance carrier will not invoke the defense of performance of a governmental function
by the Provider in performing this conlract.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities
and obligations under this Section or under any other portion of this Agreement. The City
shall have the right to obtain from the Provider specimen copies of the insurance policies,
in the event that submitted Certificates of Insurance are inadequate to ascertain
compliance with required coverage. All of Provider% certificates, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage of the policy.
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. Thc Provider covenants that in the perfom~ance of this Agreement, no
person having such conflicting interest shall be employed. Thc Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", 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 thc 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.
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 the same shall lie in
Miami-Dade County, Florida.
Notices: All notices required under this Agreement shall be sent to the parties at the
following address, with copies to the Office of the City Attorney:
City:
Joanna Revelo, Director
Housing & Community Development Division
Neighborhood Services Depadment
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Roberto Datorre, President
Miami Beach Community Development Corporation
945 Pennsylvania Avenue
Miami Beach, FL 33139
Section 25.
Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this Agreement, so that its liability for any such
breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of $10,000, 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.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In wimess thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date first above written.
ATTEST:
CITY CLERK
BEACH, FLORIDA
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
AU~~NATORY
NAME AND TITLE OF AUTHORIZED
SIGNATORY
10
FORM & LANGUAGE
& FOR EXE JTIOH
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide matching grants to property and business owners in the designated CDBG target areas in order
to rehabilitate commercial buildings and encourage economic revitalization.
The program will provide one-to-one grants for facade improvements and the correction of code
violations to two (2) commercial buildings (6 storefronts) in the South Miami Beach Target Area.
Successful applicants must demonstrate that the low and moderate-income community will be served by
businesses operating in the improved properties. The eligible program area is the City of Miami Beach
south of Dade Boulevard and 24~ Street. Miami Beach Community Development Corporation will
provide commercial faqade grants upon receipt and review of a completed application in accordance with
the Preservation and Rehabilitation Program Guidelines and will clearly document the manner by which
each proj ect/business meets a CDBG national objective.
PROGRAM GOALS AND MEASURABLE OUTCOMES
2.
3.
4.
Monitor ongoing fagade projects for compliance with program guidelines.
Schedule, advertise, and conduct public information meetings in Spanish and English.
Follow-up on prospects.
Commit funds.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2002 11/2002 12/2002 1/2003 2/2003 3/2003 4/2003 5/2003 6/2003 7/2003 8/2003 9/2003
I X X X X X X X X X X X X
2 X X X X X X
3 X X X X X X X X X X X X
4 X X X X X X
Page 1 of 1
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name: Preservation & Rehabilitation Funding Year: 2002/2003
Provider Name: Miami Beach Community Development Corporation Date Submitted:
Category
Number
Category Breakdown
Salaries & Fringe Benefits
Consultants & Contract Services
Space Rental
CDBG/ESG Funds
$21,925.
$248
$878
Other Funds
$89,449
$2,363
$13,503
Other Funding
Sources
MBCDC General
Fund/Earned
Income
MBCDC General
Fund/Earned
Income
MBCDC General
Fund/Earned
Income
Total Funds
$111,374
$2,611
$14,381
MBCDC General
4 Other Operating Expenses $949 $23,633 Fund/Earned $24,582
Income
5 Rehabilitation $96,000 $2,284,000 Preservation & Rchab $2,380,000
& Owner Match
6
7
8
9
10
11
12
13
Total CDBG/ESG Funds $$120,000.00
Total Other Funds
Grand Total
$2,532,948.00
Page 1 of 6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation
Funding Year: 2002/2003
Provider Name: Miami Beach Community Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
# Funds
1 Salaries
Executive Director $785 $3,716 $4,501
CFO/Financial Management Director $421 $5,000 $10,442
MIS Officer $421 $3,000 $6,414
ChiefOper. Officer $4,130 403 954
Commercial/Economic Revitalization Director $14,000 $33,000 $47,000
.4ccountant 2 $308 $5,273 $5,581
.4ccountant 3 $187 $3~169 $3,356
Office Manager $280 $3,816 $4.096
Fringe Benefits $1,393. $1,500 $2,701
Total Amount $21~925.00 $56~499 $111~374
Page 2 of 6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation
Funding Year: 2002/2003
Provider Name: Miami Beach Community Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
2 Consultant & Contract Services
Annual Audit $210 $0 $2,611
Professional Serv. $38 $38
Total Amount $248.00 $0 $248.00
Page 3 of 6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation
Funding Year: 2002/2003
Provider Name: Miami Beach Community Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total
Number Funds Funds
3 Office Space Rental
Office Space Rental (with electricity) $850 $10,001
.00
Storage $28
Total Amount SS?a.oo $10,001 $10,879
.00
Page 4 of 6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation
Funding Year: 2002/2003
Provider Name: Miami Beach Communi ,ty Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
4 Other Operating Expenses
Utilities $182 $750 $1,530
Janitorial Supplies and Water $28 $600 $1,260
Office Machine Leases $140 $2,000 $3,601
Repairs and Maintenance $47 $600 $1,260
Office Supplies $141 $2,250 $4,553
Web-page Expenses $11 $150 $450
Bank fees $11 $150 $315
Postage and Delivery $70 $1,000 $1,800
Communications, Miscellaneous Photography and $22 $1,000 $1,800
Adverfi~in~
Telephone and Long Distance Service $112 $1,000 $2,160
Insurance $140 $1,500 $4,501
Memberships and Dues $23 $248 $810
Publications and Subscriptions $19 $200 $542
Total Amount $946.00 $11,448 $12,394.00
Page 5 of 6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation
Funding Year: 2002/2003
Provider Name: Miami Beach Community Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
5 Rehabilitation
Rehabilitation (5 Rehabilitation Projects at $20,000$96,000 $2,280,000 $2,376,000.00
each)
Total Amount $96,000 $2,280,000 $2,376,000.00
Page 6 of 6
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT m
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists), and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City depmhnent or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include the following
items:
Salaries (should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part/~om CDBG funds should prepare a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll
charges should be prepared and placed in the appropriate files.)
Employee Benefits (should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
Professional Services (should be supported by a complete and signed copy of the contract between
the organization and the independent contractor, describing at the minimum, period of service, type of
service and method for payments, in addition to the invoice from the private contractor.)
Purchases (at a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements, and similar items do not
represent support for an expense.)
RECORDS
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
F:\NEIG\DevelopmentXLYSSETrE~.CTP~002-2~3\Contracts'~Attachment I11 (Reviscd).doc
Page 1 of 2
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City
· immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditces must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in advance by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10z Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696.
Email: gov.fac~,,census.gov
Web: http://harve ster. census.gov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed financial status, client profile, and narrative report forms, in a format consistent with the
approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance
may be available upon special request. All requests must be submitted to:
Joanna Revelo, Director
Housing and Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
F:'~qEIG\Development',LYSSETrE\ACTPLAN'O.002-2003\Contracts~Atlachment I11 (Revised).doc
Page 2 of 2
Provider: Miami Beach Community Development Corp.
Reporting Period:
CMB Budget 133.5655.000345 I
I
Account 133.5655.000346
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Project Name: Pres/Rehab
Date Submitted:
Month/Year
CDBG Year 28
vY 2002a003 $120,000
Budget Amount
Month This Month Year to Date Balance
Oct-02 $ $ $ 120,000.00
Nov-02 $ $ $ 120,000.00
Dec-02 $ $ $ 120,000.00
Feb-03 $ $ $ 120,000.00
Mar-03 $ $ $ 120,000.00
Mar-03 $ $ $ 120,000.00
Apr-03 $ $ $ 120,000.00
May-03 $ $ $ 120,000.00
Jun-03 $ $ $ 120,000.00
Jul-03 $ $ $ 120,000.00
Aug-03 $ $ $ 120,000.00
Sep-03 $ $ $ 120,000.00
This Request I I
Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that all goods and services have been received, that they all fall within
the contractual scope of services and budget, and that these costs have not been paid previously by any
other funding source. I certify that substantially all program income received has been disbursed or will
be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature Name and Title of Person Submitting Report
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND PROJECT ACCOMPLISHMENTS REPORT
Provider: Miami Beach Community Development Corp.
Reporting Period:
Person Submitting Report:
Project Name: Preservation & Rehab Program
Date Submitted:
Signature:
Please complete the following reports for activities undertaken during this month's reporting period. If reporting for more than
one activity, provide a separate progress and client profile report for each distinct activity.
I. Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement.)
Goal
Month Met Not Met
October
November
December
January
February
March
Goal
Month Met Not Met
April
May
June
July
August
September
In the space below, explain any problems, which may have affected your performance during the reporting period. Attach
additional pages, if necessary, to describe any special recognition, awards and circumstances encountered during the
reporting period.
H. Project Accomplishments to Date - Fill in mounts as appropriate7
Percentage (%) of Completion Number of
Month Feet of Public Public Facilities Businesses/ Housing Units LMI Jobs
Utilities Organizations Completed Created and/or
Assisted Retained
October
November
December
January
February
March
Apra
May
June
July
August
September
CDBG AGREEMENT
October 1, 2002 to September 30, 2003
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
· Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
· The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
· Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
· Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
· Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, Color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affn-mative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
· Methods for informing the public, owners and potential~tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
· A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
Page 1 of 7
· A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
· Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
· A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
· Americans with Disabilities Act (42 USC 12131; 47 USC 155,201,218 and 225}: Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carded out without much difficulty
or expense.
· Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
· Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
· The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
· Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
Page 2 of 7
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
· Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area.
Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
· Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
· Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
· Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
· Fair l~ahor Standards Act of 1938, As Amended (29 USC 201, et. seq.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
· Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
· Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of 7
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
fn-m selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials oftbe grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
in for marion:
May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of 7
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds arc committed for non-
exempt activities. Private citizens and organizations may object to thc release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrccipients (the Provider) should bc
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Titie X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
· Housing built since January 1, 1978, when lead paint was banned for residential use
· Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
· Zero-bedroom dwellings, including efficiency apmhnents, single-room occupancy housing,
dormitories or military barracks
· Property that has been found to be flee of lead-based paint by a certified lead-based paint
inspector
· Property where all lead-based paint has been removed
Page 5 of 7
VI,
· Unoccupied housing that will remain vacant until demolished
· Non-Residential property
· Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
· Federally-Owned housing being sold
· Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
· Public housing
· Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
· Multifamily housing for which mortgage insurance is being sought
· Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the heating impaired. You
can also download the regulation and other educational materials at
http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulations~hud.gov.
DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may bc subject to thc
provisions of thc Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
COMPLIANCE WITIt NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 12/10/2001) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income) Median Family Income FY 2002: $48,200)
Household Size 30% of Median Very Low-Income Low-Income
1 Person $10,100 $16,850 $27,000
2 Person $11,550 $19,300 $30,850
3 Person $13,000 $21,700 $34,700
4 Person $14,450 $24,100 $38,550
5 Person $15,600 $26,050 $41,650
6 Person $16,750 $27,950 $44,750
7 Person $17,950 $29,900 $47,800
8 Person $19,100 $31,800 $50,900
Page 6 of 7
LOW/MODERATE INCOME DATA
SOUTF/ERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41~01-3 810 1,511 53.61
42 10,042 ! 3,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORTm~RN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% L/M
Page 7 of 7
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using Community Development Block Grant (CDBG) funds for an Economic
Development Activity, the following federal requirements must be acknowledged:
LOW/MODERATE INCOME JOBS
Criteria: A low/moderate job activity is one which creates or retains pvmianent jobs, at least 51% of
which are taken by low/moderate income p~rsons or considered to be available to low/moderate income
persons.
In counting jobs created or jobs retained, the following policies apply:
· Part-time jobs must be converted to full-time equivalents.
· Only permanent jobs count.
· Temporary jobs may not be included.
· Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
· Trickle-down jobs (jobs indirectly created by the assisted activity) may not be counted.
For jobs retained, the following additional criteria apply:
· There is clear and objective evidence that permanent jobs will be lost without CDBG assistance.
Such evidence includes:
(a) a notice issued by the business to affected employees,
(b) a public announcement by the business, or
(c) relevant financial records.
Retained jobs are considered to involve the employment of low/moderate income persons if 51%
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions
are fulfilled:
· Special skills that can only be acquired with one or more years of training or work experience,
or education's beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
· The Provider ensures that the assisted business adheres to the principles of"first consideration"
by:
(a) using a hiring practice that in all likelihood will result in over 51% of those hired being
low/moderate income persons;
Co) seriously considering a sufficient ntunber of low/moderate income job applicants to
meet this intent;
(c) determining that the distance from the job applicant's residence is close to the job site
or that transportation is available to the job site.
Page 1 of 3
RECORDS TO BE MAINTAINED
Where the low/moderate income bcmefit is based on ]ob creation, the Provider's files must include the
documentation dcseribed in either (1) or (2) below:
1. For activities where at least 51% of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that it will make at least 51% of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring
special skills or education; and,
Co) A listing by job title of the pc~ll~anent jobs to be created, indicating which jobs will be
available to low/moderate income persons, which jobs require special skills or
education, and which jobs are part-time; and,
(c) A description of actions to be taken by the Provider and business to ensure that
low/moderate income persons receive "first consideration" for these jobs; and,
(d) A listing, by job title, of permanent jobs filled, and which jobs were available to
low/moderate income persons, as well as a description of how "first consideration" was
given to such persons for those jobs. The description must include what type of hiring
process was used; which low/moderate income persons were interviewed for a
particular job and which interviewees were hired.
2. For activities where at least 51% of the jobs will be taken by low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that at least 51% of the jobs, on a full-time equivalent
basis, will be taken by low/moderate income persons and a listing by job tlfle of the
permanent jobs created; and,
(b) A listing, by job title, of the pcmianent jobs filled and which jobs were initially held by
low/moderate income persons; and,
(c) Information on the size and annual income of the person's immediate family prior to the
low/moderate income person being hired for the job.
Where low/moderate income benefit is based on job retention, the files must include the
following documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating which of those jobs are
part-time and (if}mom) which are held by low/moderate income persons at thc time
the assistance is provided.
(c) Identification of any retained jobs not already held by low/moderate income person
which are projected to become available to low/moderate income persons through job
mover within two years of the time CDBG assistance is provided. (Job turnover
projections should also be included in the record.)
(d) Information on the size and annual income of the low/moderate income persons'
immediate family for each retained job claimed to be held by a low/moderate income
person. Acceptable documentation on job applicant/employee family income includes
any one of the following:
Page 2 of 3
(i)
(ii)
(iii)
Notice that job applicant/employee is a ref~n-al from state, county or local
employment agency or other entity that agrees to refer individuals
det~lmined to be low/moderate income according to HUD criteria. (These
entities must maintain documentation for city of federal inspection.)
Written certification, signed by the job applicant/employee, of family
income and size to establish low/moderate income status by showing: the
actual income of the family, or a statement that the family income is below
CDBG low/moderate income requirements. (These certifications must
include a statement that they are subject to verification by the local or
federal government.)
Evidence that job applicant/employee qualifies for assistance under another
program with income qualification criteria at least as resffictive as those
used by the CDBG program, such as referrals from the Job Training
Partnership Act (JTPA) Program, except for referrals under the JTPA Title
III Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare an "appropriate" determination, previously known as a "Necessary and
Appropriate" determination, whenever CDBG assistance is provided for a private, for-profit entity carrying
out economic development activities. It should be noted that the deletion of the tcnn "Necessary", pursuant
to Section 105 (a) (17) of the Housing and Community Development Act of 1974, does not override the
requirements at 24 CFR 570.203 (b). This determination is to ensure that the amount of the financial
assistance is not excessive in light of the actual needs of the business and the expected public benefit.
Examples of CDBG assistance are: grants, loans, loan guarantees, interest supplements, technical assistance
or another form except for those described as ineligible in CDBG Regulations 24 CFR 570.207. If no CDBG
assistance of a financial nature is being provided for a private, for-profit entity, then the "necessary or
appropriate" determination would need to address the public benefits to be derived from assisting each
business but would not require a financial analysis of the business' need for the grant or loan.
I hereby acknowledge that I have read the specific requirements for economic activities contained in
this Certification, and that, if my organization's project is an Economic Development Activity,
eligibility depends upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
NAMEfrITLE OF SIGNATORY
DATE
F:~lEIGkl~velopm~ntkLYSSE;Fri~CTPLAN'O,002-2003\Contracts~IBCDC~eco Dev Atlachn~nt.doc
Page 3 of 3
CERTIFICATION OF CDBC~FUNDED
CONSTRUCTION/REHABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the following.
federal and City of Miami Beach requirements must be acknowledged:
Co
All construction or rehabilitation plans and specifications for the project must be approved by the
city's departments of Planning, Neighborhood Services, Public Works, Building, Code Compliance,
and Fire. If the project is located in the Miami Beach Architectural District, or affects a building
listed or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between the SItPO and the City.
The City shall not be obligated to pay any funds to the project prior to the completion by the City of
an environmental review of the project, and said review is approved by any government agencies as
may be required by law.
The Provider will assure all wages paid to construction workers by it or its subcontractors are in
compliance with federal, state and local labor requirements. The Provider agrees to include in the
construction bid specifications in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform h/s
contractor/subcontractors that they will be required to submit documents after a city-conducted pre-
consWuction conference and prior to construction. Weekly and/or monthly reports must be
submitted thereafter, as required by the federal government.
The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal
Office of Management and Budget (OMB) Circular Number A-102 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circular A-102 Attachment O for
the procurement of supplies, equipment, construction and services; and with Federal Management
Circular A-87; or any other applicable OMB circular.
Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied
the benefits of the program on the grounds of race, color, sex, religion or national origin.
The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take
affirmative action in attempting to employ low income and minority persons, as mandated by law.
As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055,
professional services must be competitively selected. The competitive selection process must
include a public advertisement; issuance of a request for proposal and a competitive review based
on uniform criteria. Selection criteria must consider the basic qualifications, professional
competence, experience and suitability of each firm. Fees for professional services must be
requested as a fixed sum and not stated as a percentage of construction costs.
All documents, bid specifications, notices and construction drawings must be submitted for the
review and approval of the Neighborhood Services Department prior to public advertisement.
The bidding process for construction contracts must include a formal advertisement, published in
The Miami Review, Dodge Reports and The Miami Builder's Exchange. This announcement must
include the following:
Page 1 of 2
The date, time and place that bid documents are available, and the same information for
any pre-bid conferences and receipt of bids.
The requirement of bid surety in the amount of ten percent (10%) of the bid, and a
performance and payment bond equal to 100% of the award.
A standard statement regarding the "in whole or in part" federal funding of the project
and the various applicable federal regulations.
The City reserves the right to be present at the time of bid openings. If City CDBG monies are the
sole funding source, the City may require that bids be received and oPened by the City's
Procurement Department.
K. The Provider agrees to submit to the City's Neighborhood Services Department all documentation
of the steps followed in the selection of professional services and construction contracts.
The Provider agrees to specify a time Of completion and include a liquidated damage clause in all
construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts
will not be peniiitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be specified in the
funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been
issued.
Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Community Development Act of 1974 as amended, the Provider agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this
Certffication, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Pri~Name of Authorized Signatory
Date
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
Other single-purpose activities that do not include physical repairs or remodeling of
applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apathnent
building to be rehabilitated, if there is a family residing in one of the units with a child under seven years
of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from
the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children under seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by
HUD. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room found to contain lead based paint must be treated before final
inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they are
found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting
without thorough removal or covering does not constitute adequate treatment.
Page 1 of 2
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied.
Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or
chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint
contained in this Certification, and understand that my organization's project eligibility depends
upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signa~
Print Name of Authorized Signatory
Date
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
Name of Sub-recipient:
Grant Program Name:
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-02-MC-12-0014
CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT
The undersigned certifies, to the best of his or her knowledge and belief, that:
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.
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.
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.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Print Name of Authorized Signatory
Date
Print Title of Authorized Signatory
Page 1 ofl
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient:
Name of Sub-recipient:
Grant Program Name:
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
COMMLrNITYDEVELOPMENTBLOCK GRANT
Grant Number:
B-02-MC-12-0014
CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT
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):
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Prir~t Name of Authorized Signatory
Date
Print Title of Authorized Signatory
Page 1 of 1
ACKNOWI,EDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 28~ Fiscal Year 2002/2003
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION 9~_ ~\ (~i'~31'
PHONE NUMBER ~ ~D~'~O{~L[O
, 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 comphes with all applicable requirements 0fthe 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 H,
Public Services; Title HI, 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.
Si Date
by
SUBSC.,RI~D AND SWORN TO (or affirmed) before me on
/ \
· He/She is personally known~ to me or has
(Affiant)
presented
(Type of identification)
as identification.
(Serial Number)
(Expiration Date)
(Print or St
Notary Publio/, , 0¢1 (State) Notary Seal \
The City of Miami Beach will not award a contract to any fn-m, corporation or urganization 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
CERTIFICATION
Name of Recipient:
Name of Sub-recipient:
Grant Program Name:
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-02-MC- 12-0014
The undersigned certifies, to the best of his or her knowledge and belief, that:
o
All construction or rehabilitation plans and specifications for the project must be approved by the
City's departments of Planning, Public Works, Fire and Building, and by the City's divisions of
Community Development and Code Compliance.
If the project is located in the Miami Beach Architectural District, or affects a building listed or
eligible for listing on the National Register of Historic Places, all plans and specifications must be
approved by the State Historic Preservation Office (SHP0), in accordance with the Memorandum of
Understanding between the SHPO and the City.
The Sub-Recipient certifies that it intends to comply with efforts to identify, evaluate and
appropriately condition project activities to avoid, minimize or mitigate adverse project impacts to
any properties listed, or which satisfy the criteria of eligibility for listing (36 CFR 60.4), in the
National Register of Historic Places.
Name and telephone number of individual designated to fulfill these conditions (include street
address, city, county, state, zip code and area code):
I hereby acknowledge that I have read the specific requirements contained in this
Certffieation, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
Miami Beach Commnuity Development Corporation ~
Print Name and Title of Authorized Signatory
Date
Page 1 of 1