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RESOLUTION 91-20330 RESOLUTION NO. 91-20330 A RESOLUTION APPROVING AN APPLICATION FOR, AND AUTHORIZING FILING OF, A FINAL STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS FOR YEAR SEVENTEEN UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AUTHORIZED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT OF 1990. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, two public hearings were held by the City of Miami Beach Community Development Advisory Committee on March 5, 1991, to obtain views and proposals of citizens at the initial stage of the development of the "Proposed Statement of Objectives and Projected Use of Funds" , as well as to assess the performance of the prior program year; and WHEREAS, all requests for funding proposals were reviewed and analyzed by the City Administration, and the Community Development Advisory Committee; and WHEREAS, the Miami Beach City Commission on July 10, 1991, held and conducted a public hearing to obtain views of citizens relative to the "Proposed Statement of Objectives and Projected Use of Funds" , and applicable documents, to be submitted to the U. S . Department of Housing and Urban Development by the City of Miami Beach for the Year Seventeen funds, under the Housing and Community Development Act of 1974 , as amended; as well as the Cranston- Gonzalez National Affordable Housing Act of 1990 ; and WHEREAS, the Year Seventeen "Final Statement of Objectives and Projected Use of Funds" includes the use of $17, 000 in reallocated FY 90 funds and $123 , 732 in re-programmed prior year funds; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that said City Commission hereby approves the filing of the Year Seventeen "Final Statement of Objectives and Projected Use of Funds" which includes the required plan to mitigate adverse effects of CDBG-caused displacement, with the U.S . Department of Housing and Urban Development for Community Development Block Grant funds under the Housing and Community Development Act of 1974 , as amended; and the Cranston-Gonzalez National Affordable Housing Act of 1990 ; and further authorizes the City Manager to execute and file said application in a timely manner to comply with applicable regulations for, and on behalf of, the City of Miami Beach, Florida, for $2 , 632 , 482 in total resources. (Entitlement allocation @ $1, 997 , 000, $17 , 000 in reallocated funds, reprogrammed funds @ $123 , 732 , and estimated program income @ $ 494, 750 of which $5, 000 is available for Year 17 projects. ) Also, the City Commission hereby authorizes the City to submit a "Comprehensive Housing Affordability Strategy" (CHAS) to the U. S. Department of HUD, as prescribed. PASSED AND ADOPTED THIS 10th day of July 1991. ////( ATTEST: 1 A YO/ R 13r / CITY CLERK FORM APPROVED LEGAL DEPT. F-STATMT.RES • By ;2'42te" corrected 7/22/91 Date 7/2/9( CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROPOSED STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR FY 1991/92 Pursuant to the Housing and Community Development Act of 1974 , as amended, and the Cranston-Gonzalez National Affordable Housing the Cityof Miami Beach has developed this "Proposed Act of 1990, Statement of CommunityDevelopment Objectives and Projected Use of Funds" for FY 1991/92 (CDBG Year 17) . This Statement represents the culmination of an extensive planning phase process encompassing maximum citizen participation P via the Community Development Develo ment Advisory Committee (CDAC) , public meetings and hearings. Requests for FY 1991/92 funding totaled approximately $7 . 2 million. The FY 1991/92 entitlement allocation for the City of Miami Beach is $1, 997 , 000. This amount is supplemented by $494 , 750 ($5, 000 available for new Year 17 ro 'ects) of estimated program income, $17 , 000 in reallocated p 7 funds, and $123 ,732 in. reprogrammed funds. The CDBG Program will period the from October 1, 1991 through September 30, 1992 . Cityof Miami Beach encourages affected residents to The Pro communicate their concerns regarding this Statement by writing Proposed or calling the Community Development Division office, 1700 Convention Center Drive, Miami Beach, Florida 33139 , telephone (305) 673-7260. OBJECTIVE - PUBLIC FACILITIES AND IMPROVEMENTS: To continue to improve the health, safety, welfare and recreationalopportunities o ortunities through the rehabilitation, ction and/or expansion of public blic facilities and / infrastructures astructures which principally benefit low and moderate income residents. Recommended Activities *MBAP - New CBS Facility *MBDC - Lincoln Road Public Improvements ded Funding g $108, 680 OBJECTIVE - PUBLIC SERVICES: To providepublic ublic service activities in such areas as: health, safety, recreation, education, legal assistance, fair housing, care, and elderly services, etc. ,tc. , in order to further complement other CDBG-funded activities. Recommended Activities *JVS Nutritional Project *Project Sinai Outreach Program Elderly CJE Miami Beach Senior Center and Day Care for the E1 y *Stanley C. Myers Community Health Center *Dade County Community Schools - Child Care and Fee Waivers *ASPIR.A - Leadership Development/Dropout Prevention Program *Boys Club Juvenile Program *Cure AIDS Now Program *Child Care Fund ded Fundin $299 , 550 Recominen g OBJECTIVE - ACQUISITION: acquire residential and/or commercial properties in order To qu to upgrade the existing housing stock and to encourage the economic development of the area by providing additional space for emerging businesses. Recommended Activities *SFAC Acquisition Project - Lincoln Road *MBDC - Homeownership Development (CD areas) *Interim Finance Program (CD areas) (Also see Rehabilitation and Economic Development categories) Recommended Funding 4 $122 ,500 OBJECTIVE - CLEARANCE ACTIVITIES: To prevent and eliminate slums and blight and alleviate detrimental conditions in the community by securing and/or removing vacant, unsafe and hazardous structures. Recommended Activity *Continuation uatiof previous year' s programs & activities, if prior year' s funds are available. Funding $ -0 Recommended OBJECTIVE - REHABILITATION AND PRESERVATION ACTIVITIES: To improve residential and commercial properties within the City through a multi-component strategy. This strategy involves identifying deteriorated or deteriorating structures; providing financial assistance for interior and exterior rehabilitation of eligible structures;g and assisting in the retention of significant historic structures. Recommended Activities Rehabilitation *Miami Beach Rehabilitation Programs - Multi-Family/ Single-Family (CD areas) *JF -S SecurityDevice Program for the Elderly (CD areas) *MBDC - So. Miami Beach Commercial Revitalization/Facade Grant Program (Flamingo CD area) *North Shore Facade Renovation Program (North CD area) *Interim Finance Program (CD areas) j,, �y_ ``�� pp . • e . o _ ... ,_. �! r+...>,.+:�o..rn,1'M�', /4 �/'�S T T� 1'!X11'1"1/'1 r T A i s V �r ���/ 1��Z Z V►Y ♦ra J•i/r �..r:� �.:111 i c .�♦.r t t,,,.1�...-L ;.o n _ *Child Care Rehabilitation Fund Historic Preservation *No new activity. nded Fundin $765,536 Recon�me 4 OBJECTIVE - ECONOMIC DEVELOPMENT: communityeconomic revitalization and job To stimulate opportunities in the City by such activities as: providing businesses and property owners with the assistance necessary development; encouraging for business private development P through public support; and carrying out housing and neighborhood revitalization. Recommended Activities *Log Cabin Enterprises, Inc. (8128 Collins Avenue) *SFAC - Economic Development Program (Lincoln Road) *MB - New DC Ex anding Business Loan Program (CD Areas) New/Expanding *Interim Finance Program (CD areas) (Also see Rehabilitation and Acquisition categories) Funding F g $375,021 OBJECTIVE MITIGATING ADVERSE EFFECTS AND MINIMIZING DISPLACEMENT OF PERSONS: To minimize the displacement of persons as a result of CDBG activities and to mitigate adverse affects via relocation benefits. Recommended Activity *Continuation of previous year' s programs and activities. Recommended Funding OBJECTIVE GENERAL ADMINISTRATION AND PLANNING/MANAGEMENT ACTIVITIES: To provide grant the administration capabilities necessary to assure the coordination and monitoring of CDBG projects; pp compliance with all applicable federal regulations and requirements; fiscal management; federally required reports; citizen participation;ation; improve the planning management capabilities of the City; and to provide acomprehensive planning capacity it necessary to carry out the objectives of the p Y CDBG program. Recommended Activity administration (includes citizen participation, fair *General housing publicity) ,and and comprehensive planning and management activities. .n Recommended Funding $459, 683 OBJECTIVE - CONTINGENCY FOR COST OVERRUNS: L 0nLiIlyeliLyL Ti i�. tr undin $11,762 Recommended F g PROPOSED STATEMENT OF OBJECTIVES AND PROJECTED USE OF FUNDS SUMMARY Program Category Funding Recommendation Acquisition $122 , 500 Public Facilities & $108 , 680 Improvements Public Services $299 , 550 -p- Clearance Activities Rehabilitation/Preservation $765, 536 Activities Economic Development Activities $375, 021 -0 DisplacementAssistance/Relocation CDBG Administration/Planning $459 , 683 Management Contingency/Cost Overruns $ 11, 762 Total Program Costs $2 ,142 ,732 Resources: Entitlement amount $1,997 , 000 Estimated Program Income $ 5, 000 Available for Yr 17 Projects Reallocated funds (FY90) $ 17 , 000 Reprogrammed Prior Year Funds Projects $123 732 Yr 17 ' Available for Resources Available For Year 17 Pr acts $2 ,142,732 Other Estimated Program Income - retained by generating projects/ $ 489, 750 IFP Program @ $50, 000/Misc. TOTAL BLOCK GRANT RESOURCES $2 , 632 ,482 Note: All proposed activities described above, which do not have specific spetL►c�if i c locations, ocations, will either in de sign,ate.d 1/41r: Velopmc L r311-4, l benofit low/moderate persons. Copies of the CD Area services to maps are available, free of charge, at the Economic and p Community Development office, 1700 Convention Center Drive, Miami Beach, Florida 33139 . ADDITIONAL INFORMATION REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED In order to receive FY 1991/92 Community Development Block Grant Entitlement funds, the City of Miami Beach is providing the U.S. Department of Housing and Urban Development, and the general citizenry, w"Proposed Statement ofith the following additional information as part of its FY 1991/92 ci rY� Objectives and Projected Use of Funds" . Low and Moderate Income Benefit The proposed amount of CDBG funds to be used for activities directly benefiting low and moderate income persons is approximately 2 . 1 million dollars, which represents about 94% of funds available for FY 1991/92 . The remaining activities will aid in the elimination of slums or blight, or address a certified urgent need. Plan to Minimize the Displacement of Persons As a Result of CDBG-Funded Activities It shallpolicy be the of is of the City of Miami Beach' s Community Development Division to discourage and/or minimize the amount of displacement which will occur as a result of approved CDBG funded activities in such areas as: rehabilitation, demolition, or economic development. Plan to Mitigate Adverse Effects and Assist Persons Actually Displaced by CDBG Activities It is the intention of the City of Miami Beach to discourage the displacement of individuals as a result of activities funded in part or in with CDBG funds. However, in the event that displacement should occur, the City will comply with the applicable requirements under Section 104 (d) of the Housing and Community Development Act of 1974 as amended, and 49 CFR Part 24 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 . The following policies apply to individuals actually displaced by CDBG activities. 1. The City of Miami Beach will take reasonable actions necessary to mitigate adverse effects on persons voluntarily or involuntarilydisplaced as a result of Community Development p activities. 2 . Tenants and owners will receive those benefits provided for and outlined under Section 104 (d) of the Housing and Community Development Develo ment Act of 1974 as amended, and 49 CFR Part 24 of the Uniform Act. City 3 . The of Miami Beach will carefully evaluate all prospective and on-going CDBG-funded activities which may involve involuntary displacement in order to ascertain the degree of hardshipsuch displacement may cause. Tenantsand owners actuallydisplaced will receive the appropriate advisory services necessary to minimize hardships in adjusting �.1 J'.r L`. ►.►1 1 .i v.. i__V-orf►v--i t. the current program guidelines for the Multi-Family 4 . Under p g Rehabilitation Program, only applications for vacant buildings areenerall considered for funding assistance. In the event an application requiring relocationaccepted,g y is the buildings requiring either temporary or permanent relocation will be qu g surveyed to determine relocation needs prior to approval of the activity. Each proposal will be individually reviewed to determine if necessary relocation can feasibly be accomplished. The number of relocation cases and the types of units will be considered when conducting the case-by-case review. 5. Relocation referral assistance will be provided to persons being permanently displaced. Efforts will be made to provide displacees with information regarding a reasonable selection of comparable dwellings and if requested, in the neighborhood from which they were displaced. Relocation referral information may be identified from, but not limited to: a. Reputable word of mouth referrals. b. Classified or sign advertisements placed by owners offering property for rent and/or sale, with structural and fair market value factors which are in compliance with HUD standards. 6. Tenants and owners will receive timely and accurate information regarding the reason for the displacement. Displacees will be advised, in writing, of their rights, responsibilities, and applicable benefits, if any. 7 . Grievance procedures have been developed and are followed by the City' s Community Development Division in the event that any grievances should occur regarding adequate replacement housing, eligibility, or the payments to displacees. NOTE: Copies of the City of Miami Beach's official Residential Anti-Displacement and Relocation Assistance Plan are available for review at the Economic and Community Development office, 1700 Convention Center Drive, Miami Beach, Florida. CITIZEN PARTICIPATION } The City of Miami Beach has an adopted "Citizen Participation Plan. " Copies of this plan are available for review at the Economic and Community Development office, 1700 Convention Center • Drive, Miami Beach, Florida. This "Proposed Statement of Objectives and Projected Use of Funds" was developed utilizing maximum citizen input and participation through an extensive planning phase. Copies of the planning phase schedule are also available. 17-STATE.MNT 7 PROGRAM YEAR SEVENTEEN (8-91) COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SOURCE OF REPROGRAMMED FUNDS PROJ B-88 B-89 PROJECT CATEGORY NO YEAR 14 YEAR 15 TOTAL RELOCATION 5120 $7,789 $7,789 UNPROGRAMMED FUNDS 5090 S24,032 $81,708 $105,740 CLEARANCE/DEMOLITION 5020 $10,203 $10,203 TOTAL 142,024 S81,708 - x TOTAL REPROGRAMMED FUNDS $123,732 } +Yi 1j ADMINISTRATION RECOMMENDATIONS YEAR 17 CDBG PROJECT DESCRIPTIONS RECOMMENDED FOR FUNDING ACQUISITION OF REAL PROPERTY: SOUTH FLORIDA ART CENTER ACQUISITION PROJECT ($22,500) Location: Lincoln Road Mall Area ThisP roject provides the funding necessary to leverage additional grant funds for the acquisition of a property located in the Lincoln Road Mall area. MIAMI BEACH DEVELOPMENT CORPORATION - HOMEOWNERSHIP DEVELOPMENT ($100,000) Location: 1205 Drexel Avenue, 2nd Floor ThisP rogram is designed to provide homeownership opportunities to low/moderate income households in Miami Beach. The project focuses on families, single working persons and retirees who are currently living and/or working in Miami Beach. The project will include a group of approximately thirty units in the South Beach area and in the North Beach area of Miami Beach. The scattered site homeownership project will combine first mortgage funds and bridge funds from Homes for South Florida, second mortgage funds from the Dade County Surtax Program and rehabilitation and deposit funds from the Local Initiative Support and Assistance Corporation (LISC) to make moderately priced condominiums available to low and moderate income households. ************************************************************************ PUBLIC FACILITIES & IMPROVEMENTS: MIAMI BEACH ACTIVITY CENTER/NEW CBS FACILITY ($50,000) Location: 8128 Collins Avenue (Log Cabin) This 'ro ect provides the funding necessary to construct a new CBS facility P � to house the MBAC Program for developmentally disabled (mentally retarded) adults, i.e. to replace the existing modular facility in order to ensure the safety and service to the clients. MIAMI BEACH DEVELOPMENT CORPORATION - LINCOLN ROAD IMPROVEMENTS (58,680) Location: Lincoln Road This project will entail the design and implementation of a physical public improvement program for the 400, 500, 600, 700, 800, 900, and 1000 blocks of Lincoln Road. It is anticipated that a major investment of public resources is warranted and that a matching amount of private sources would be available through a special assessment district imposed upon area property owners, or other financing mechanisms. ************************************************************************ PUBLIC SERVICES: ASPIRA-LEADERSHIP DEVELOPMENT/DROP OUT PREVENTION PROGRAM ($22,000) Location: City-wide This project will assist in youth gang intervention, leadership development, and drop-out prevention, for "at risk youth" . BOY'S CLUB JUVENILE PROGRAM ($23,000) Location: CD Target Areas This project supplements other youth programs in the community by targeting "at-risk youth" through after-school and special tutorial programs. COMMUNITY COUNCIL FOR JEWISH ELDERLY (CCJE) -SOUTH BEACH ACTIVITY CENTER ($30,000) Location: 610 Espanola Way (Agency formerly known as Jewish Community Center-JCC) This project provides support services to those homebound elderly who can be maintained in their home. The support services include homemakers, friendly visitors, day care and assessment. This project keeps the homebound in their homes and delays or prevents institutionalization. CURE AIDS NOW ($25,000) Location: City-wide, primarily Flamingo CD Area This project will provide food and vitamin supplements to homebound AIDS patients in Miami Beach. DADE COUNTY COMMUNITY SCHOOLS FEE WAIVER PROGRAM ($15,000) Location: CD Target Areas This project supplements eligible community school programs, which principally benefit low/moderate income persons by providing fee/tuition waivers. JVS-NUTRITIONAL PROJECT ($15,000) Location: CD Target Areas This project funds two drivers to deliver meals to homebound participants residing in eligible CD target areas, one shopper, and additional home delivered meals. LITTLE HAVANA ACTIVITY AND NUTRITION CENTER-HOT MEALS PROGRAM ($18,000) Location: Council Towers - Collins Avenue and 6th Street This project supplements the provision of approximately 185 hot meals daily to elderly low/mod clients. MOUNT SINAI OUTREACH PROGRAM/PROJECT SINAI ($18,000) Location: 4300 Alton Road This project provides outpatient social, emotional and physical care to low/mod income residents who normally "fall through the cracks" once discharged from the hospital, or who are ambulatory patients. Services include home visits to evaluate the patient' s home situation to determine what support systems are needed, in addition to providing referral services. STANLEY C. MYERS COMMUNITY HEALTH CENTER ($35,000) Location: 710 Alton Road This project continues to provide primary health care to low-income people through health maintenance, treatment of illness and providing referrals when necessary. CD funds go toward the purchase of prescription drugs for low/mod patients using the facility. CHILD CARE FUND ($98,550) This line-item has been jointly established with the Community Development Advisory Committee (CDAC) , so that the Administration can determine the highest and best use of these funds, i.e. determine the greatest number of subsidized child care slots to be made available. There are four (4) service providers who submitted RFP' s: two currently funded, and two new providers. It is our intention to fund the existing providers as well as at least one (1) new provider. ************************************************************************ REHABILITATION & PRESERVATION: MIAMI BEACH REHABILITATION PROGRAMS ($400,000) Location: Eligible CD Rehab Areas This project provides the funding necessary in order to comply with the federally mandated Housing Assistance Plan/Comprehensive Housing Affordability Strategy (CHAS) Goals. The program provides private property owners with the financial resources necessary to rehabilitate multi-unit buildings/ single family properties, and upgrade the existing housing stock to decent, safe and sanitary housing. Further, this project leverages private funding along with CDBG funds, while expanding the City' s tax base. MIAMI BEACH DEVELOPMENT CORPORATION - PROPERTY REHABILITATION GRANTS (186,536) Location: Lincoln Road/Washington Avenue ThisP rogram provides incentives for physical improvements, e.g. commercisl facade renovation to Washington Avenue and Lincoln Road. Matching grants for improvements to commercial buildings in selected areas will be available. The assistance provided includes design and financial assistance in the form of matching grants for improvements to commercial buildings. JFS-SECURITY DEVICES 10,000) Location: CD Target Areas This project mitigates the adverse effects of crimes against the elderly, through the installation of home security devices in low/mod elderly residences. NORTH BEACH FACADE RENOVATION PROGRAM ($140,000) Location: North Shore CD Areas This program is designed to provide staff support and direct grants to property owners and business people in the designated CD target areas, in order to rehabilitate commercial buildings and spur economic revitalization. CHILD CARE REHABILITATION FUND ($29 ,000) Location: City-Wide This line item has been jointly established with the CDAC, so that the Administration can determine the highest and best use for these funds. There are two service providers who submitted RFP' s in this category, in order to either establish a new child day care facility and/or expand/renovate an existing facility. ************************************************************************ SPECIAL ACTIVITIES BY SUB-RECIPIENTS: LOG CABIN ENTERPRISES, INC. , PLANT NURSERY ($22,500) Location: 8128 Collins Avenue This project provides funding for a nursery business program at a facility for the mentally handicapped, which creates and/or retains low/mod jobs. SOUTH FLORIDA ART CENTER-ECONOMIC DEVELOPMENT PROJECT ($285,737) Location: Lincoln Road Mall This project provides affordable studio, teaching, and showroom space for emerging low to moderate income artists, and job creation and/or retention for low/mod artists, in art related commercial businesses. MIAMI BEACH DEVELOPMENT CORPORATION - NEA/EXPANDING BUSINESS LOAN PROGRAM ($66,784) Location: Flamingo CD Target Area This project will provide business loans from the State of Florida Department of Community Affairs Community Development Corporation Support and Assistance Loan Program. The purpose of the program is to encourage new or existing businesses to locate or expand within the area. The loan support program will serve the area by providing credit opportunities to businesses and employment opportunities to residents of the South Beach neighborhood. ************************************************************************ COMMUNITY DEVELOPMENT ADMINISTRATION ($459,683) Location: 1700 Convention Center Drive This project continues to provide the necessary funding to effectively manage, coordinate, audit and evaluate the CDBG program and sub-recipients, in accordance with federal regulations. This project also provides funding to ensure compliance with federal fair housing requirements. CONTINGENCIES/COST OVERRUNS ($11,762) A set-aside of funds which can be used to provide additional funding to existing projects, including project overruns, and eligible new projects. (No funds identified as yet. ) CLEARANCE ACTIVITY (BOARD-UP) ($-0-) Location: CD Target Areas This project allows for the boarding-up and securing of vacant, unsafe structures located in eligible CD areas. (Prior year' s funding may be available to continue activities. ) DISPLACEMENT ASSISTANCE/RELOCATION ($-0-) Location: As Needed If necessary, benefits to eligible families or individuals who are displaced because of CDBG funded activities will be available. The City will comply with all applicable regulations governing displacement and relocation. INTERIM DEVELOPMENT FINANCING AS-0-) Location: CD Target Areas This project, commonly referred to as a "CD Float" , lends unobligated CDBG funds to provide interim financing for such activities as new construction or rehabilitation of residential, commercial or industrial properties. FINAL SYNOPSIS Year 17 New Funds $1,997,000 Reprogrammed Funds 123,732 Reallocated Funds 17,000 Program Income (for use In Year 17 Projects) 5,000 TOTAL $2,142,732 RECOMMEND.YES COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS In accordance with the Housing and Community Development Act of 1974 , as amended, and with 24 CFR 570 . 303 of the Community Development Block Grant regulations, the grantee certifies that: (a) It possesses legal authority to make a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and amendments thereto and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the final statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the grantee has: 1. Met the citizen participation requirements of section 570. 301 (b) ; 2 . Prepared its final statement of community development objectives and projected use of funds in accordance with section 570. 301 (c) and made the final statement available to the public; (d) It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate income who are residents of slum and blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; 2 . Provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee' s proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the Act; 3 . Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; 11/90 4 . Provides forP ublic hearings to obtain citizen views and to respond to proposals and questions at all stages of the p community development program, including at least the development of needs, the review of proposed activities, and review ofro ram performance, which hearings shall be held P g after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; 5. Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable, and; 6. Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate; (e) The grant will be conducted and administered in compliance with: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88-532 , 42 U.S .C. section 2000d et seq. ) ; and 2 . The Fair Housing Act (42 U.S.C. section 3601-20) ; (f) It will affirmatively further fair housing; (g) It has developed its final statement of projected use of funds so togive maximum feasible priority to activities which benefit as � or aid in the prevention or low and moderate income families elimination of slums or blight; (the final statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available) ; except that the aggregate use of CDBG funds received under section 106 of the Act, and if applicable, under section 108 of the Act, during the _ program year(s) (a period specified by the grantee consisting of one, two, or three consecutive years) , shall principally benefit persons of low and moderate income in a manner that ensures that not less than 70 percent of such funds are used for activities that benefit such persons during such period; P (h) It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needs and specifies both short and long- term community development objectives that have been developed in accordance with the primary objective and requirement of the Act; 11/90 (i) It is following: 1. A current housing affordability strategy which has been approved by HUD in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act; or 2 . A housing assistance plan which was approved by HUD during the 180 day period beginning November 28 , 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause. (j ) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: 1. Funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act; or 2 . For purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) above; (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with section 570. 608 ; (1) It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under section 570. 606 (a) and Federal implementing regulations; the requirements in section 750. 606 (b) governing the residential anti-displacement and relocation assistance plan under section 104 (d) of the Act (including a certification that the grantee is following such a the relocation requirements of section 570. 606 (c) governing plan) ;• 10 4 k of the Act; and the displacement subject to section ( ) relocation requirements of section 570. 606 (d) governing optional relocation assistance under section 105 (a) (11) of the Act; (m) It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 11/90 2 . A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; (n) To the best of its knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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 an 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 an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions; and 3 . It will require that the language of paragraph (n) of this certification be included in the award document for all sub- awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly; (o) It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee' s workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2 . Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and 11/90 (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3 . Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4 . Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number (s) of each affected grant; 6. Takingone of the following actions, within 30 calendar days of receiving notice under subparagraph 4 (b) , with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirement of the Rehabilitation Act of 1973 , as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7 . Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2 , 3 , 4 , 5 and 6. 11/90 8 . The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH DADE COUNTY FLORIDA 33139 Check if there are workplaces on file that are not identified here; and (p) It will comply with the other provisions of the Act and with other applicable laws. 11/90 APPENDIX TO CDBG CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification - Paragraph n This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction imposed by section 13542 , title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100, 000 for each such failure. B. Drug-Free Workplace Certification - Paragraph o 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification set out in paragraph (o) . 2 . The certification set out in paragraph (o) is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirement of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3 . For grantee other than individuals, Alternate I applies. (This is the information to which entitlement grantees certify. ) 4 . For grantees who are individuals, Alternate II applies. (Not applicable to CDBG Entitlement grantees. ) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identify of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to 11/90 identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or part of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g. , all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations) . 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s) , if it previously identified the workplaces in question (see paragraph five) . 8 . Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplaces common rule apply to this certification. Grantees' attention s called, in particular, to the following definitions from these rules; "Controlled substance" means a controlled substance in Schedule I through V of the Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CFR 1308 . 11 through 1308 . 15) ; "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non- Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the 11/90 performance of work under the grant and who are not on the grantee' s payroll . This definition does not include workers not on the payroll of the grantee (e.g. , volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee' s payroll; or employees of sub- recipients or sub-contractors in covered workplaces) . 11/90 • - - _ - - - - rte. _ , ea,,, FLORIDA 3 3 1 3 9 S�* INCORPi,iORATEDi*1 "VA CA TIONL A N✓ U. S. A 6`" - OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. ' --y/ DATE: July 10, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico �a►1 City Manager SUBJECT: JOINT ADMINISTRATION AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (CDAC) RECOMMENDATIONS FOR THE YEAR SEVENTEEN (17) "COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM STATEMENT OF OBJECTIVES & PROJECTED USE OF FUNDS" The Community Development Block Grant (CDBG) program is federally funded through the U.S. Dept. of Housing and Urban Development (HUD) . The legislation for the program was created in 1974 under the Housing and Community Development Act and subsequently amended. The statutory national objectives of the program are to: 1) principally benefit low and moderate income persons, 2) aid in the prevention and elimination of slums or blight, and 3) address a certified urgent need. Certain new requirements were added by the adoption of the Housing and Community Development Act of 1987 , and the Cranston-Gonzalez National Affordable Housing Act of 1990. Of principal note is the requirement to benefit low and moderate income persons by at least 70%. Additionally, there are changes in the regulations governing: citizen participation, housing strategies, anti-displacement and one-for-one replacement housing, and eligible activities. Our Year 17 entitlement allocation is $1, 997, 000. Year 17 will commence October 1, 1991 and conclude September 30, 1992 . The Year 17 "Proposed Statement of Objectives and Projected Use of Funds" identifies $2 , 142 , 732 in available CDBG resources for Year 17 Projects. This total reflects $1, 997 , 000 in Year 17 entitlement funds, $17 , 000 in reallocated funds, $123 , 732 in funds reprogrammed from prior years funds, and $5, 000 in program income available for Year 17 projects. Reprogrammed funds come from prior year projects which have been: completed; have not started; have been dropped for various reasons; or are projects in which funds are being rolled forward in the same budget category but, for accounting and program management purposes, are made available as Year 17 funds. We are pleased to advise you that this year the Administration and the CDAC have agreed on all recommendations for funding. Therefore, the "Proposed Statement of Objectives and Projected Use of Funds" is submitted with the joint approval and recommendation of the Administration and the Community Development Advisory Committee (CDAC) . (See attached computer sheet. ) 16 AGENDA _ _D ITEM DATE ..,_...._ .f__..... . ..__+.r•as.,:.[.._ ..f:_.''.i: • .L._.'.ati:.... _ .:........i .v.:r.-_ v'F_i..r.. .?". +•w.'.-::...c it.a '.'.a ..•.'.cr.t! 3c-tet ... ...•t 2 ._ _ fi:. .4-..:...:'..i....L= COMMISSION MEMO JULY 10, 1991 PAGE 2 The Community Development staff and the Community Development Advisory Committee (CDAC) began the planning process for the Year 17 program on March 5, 1991. At that time, two public hearings were held to assess the performance of the prior program year, as well as to obtain public views and proposals by citizens at the initial stage of the development of the "Proposed Statement of Objectives and Projected Use of Funds" . A total of 34 requests for funding were submitted by City and outside agencies. Seven meetings were held by the CDAC, with over 28 evening hours expended, for the purpose of reviewing proposals. Please note that this Public Hearing is required to provide an opportunity for final citizen comment on the appropriateness of this "Proposed Statement of Objectives and Projected Use of Funds". Formal Commission action to approve filing a "Final Statement" is requested at this meeting. This approval must occur no later than the July 24 , 1991 Commission meeting. ADMINISTRATION RECOMMENDATION: The Administration recommends consideration of public comments and approval of the Year 17 "Statement of Objectives and Projected Use of Funds" , which includes: the required plan to mitigate adverse effects of CDBG-caused displacement. After final Commission action is taken, it is also recommended that the Final Statement be submitted to the U.S. Department of Housing and Urban Development. Also, the Administration recommends that a Comprehensive Housing Affordability Strategy (CHAS) be submitted to the U.S . Department of HUD, as prescribed. The Administration also requests permission to make necessary adjustments to the narrative and/or any technical corrections which may be identified during the review process, and which do not significantly affect the approved budget or the intent of the program. FS-COM.MEM 17 ORIGINA L RESOLUTI0_q NO. 91-20330 A resolution approving an application for, and authorizing filing of, a final state- ment of objectives and projected use of funds for year seventeen under the Community Development Block Grant Program authorized by the Housing and Community Development Act of 1974, as amended; and the Cranston-Gonzalez National Affordable Housing Act of 1990.