RESOLUTION 93-20701 •
RESOLUTION NUMBER 93-20701
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE EXECUTION OF AN
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
THE MIAMI BEACH DEVELOPMENT CORPORATION,
(MBDC) , WITH A FUNDING AMOUNT OF SEVEN HUNDRED
FORTY NINE THOUSAND ONE HUNDRED SIXTY EIGHT
DOLLARS ($749, 168) OF WHICH FOUR HUNDRED SIXTY
THOUSAND ($460,000) IS YEAR 18 CDBG FUNDS AND
TWO HUNDRED EIGHTY NINE THOUSAND ONE HUNDRED
SIXTY EIGHT DOLLARS ($289, 168) IS FROM PRIOR
YEARS' CARRY-OVER FUNDS, FOR PROVISION OF A
COMMERCIAL REVITALIZATION PROGRAM AND AN
AFFORDABLE HOUSING PROGRAM.
WHEREAS, the City of Miami Beach, hereinafter referred to
as the "City" , is authorized by Commission Memorandum Number 5467,
dated January 21, 1976, to prepare an application for a Community
Development Block Grant, hereinafter referred to as "CDBG Funds, "
and to design and implement such systems as are necessary to insure
that the Community Development Program is developed, conducted and
administered in accordance with Title I of the Housing and
Community Development Act of 1974 , as amended, including the
Cranston-Gonzalez National Affordable Housing Act of 1990, and any
Federal regulations promulgated thereunder, as well as applicable
state and local authorities, and in such capacity is authorized to
enter into and execute agreements with other departments and
agencies within the City; and
WHEREAS, the City has duly submitted the Year Eighteen
Final Statement of Objectives and Projected Use of Funds to the
U. S . Department of Housing and Urban Development which identified
$2 , 621, 468 in available CDBG resources for Year Eighteen projects,
of which $2 , 106 , 000 are Year Eighteen entitlement funds, $86, 468 in
funds reprogrammed from prior year's funds, and $429 , 000 in program
income of which $9 , 000 is available for Year Eighteen projects; and
WHEREAS, the City Commission deemed it to be in the best
interests of the residents and citizens of the City to enter into
a contract with the Miami Beach Development Corporation, (MBDC) ,
hereinafter referred to as the "Provider" , for provision of a
commercial revitalization program and an affordable housing
program; and
WHEREAS, pursuant to such Agreement, the Provider will
receive a total amount of Four Hundred Sixty Thousand dollars
($460 , 000) from Year Eighteen CDBG funds, to be used for the above
stated purposes. In addition, the Provider will receive Year
Sixteen and Seventeen CDBG carry-over funds @ $289 , 168 previously
approved for the above stated purposes; and
WHEREAS, the CDBG funds are conditional upon the approval
for release of funds from the U. S . Department of Housing and Urban
Development; and
WHEREAS, the City Manager has recommended to the City
Commission that said Agreement be entered into; and
WHEREAS, the City Commission, pursuant to Resolution No.
92-20535 adopted July 8 , 1992 , approved the CDBG Year 18 Final
Statement outlining the specific projects and allocations,
including $460 , 000 for the above-stated Provider; and
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WHEREAS, an appropriate Agreement was prepared and was
approved as to legal form and sufficiency by the City Attorney,
which Agreement sets forth the terms and conditions of said
project.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, that the Mayor and
City Clerk are hereby authorized and directed to execute an
Agreement between the City of Miami Beach and the Miami Beach
Development Corporation, (MBDC) , with a funding amount of Seven
Hundred Forty Nine Thousand One Hundred Sixty Eight dollars
($749 , 168) of which Four Hundred Sixty Thousand Dollars ($460, 000)
is year 18 CDBG funds and Two hundred Eighty Nine Thousand One
Hundred Sixty Eight Dollars ($289 , 168) is from prior years' carry-
over funds, for provision of a commercial revitalization program
and an affordable housing program.
PASSED AND ADOPTED THIS 20th DAY OF Ja uary , 1993.
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ATTEST:
(---KCILC40\A ‘ Ey ovv,v —
CITY CLERK
FORM APPROVED
LEGAL DEPT.
By 7CD
Date I"' I/'c3
CITY OF MIAMI BEACH
fr1:;1
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 35--q 3
TO: Mayor Seymour Gelber and DATE: January 20, 1993
Members of the City Commission
FROM: Roger M. Carlton (12r}
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH THE MIAMI BEACH DEVELOPMENT CORPORATION (MBDC) FOR
THE YEAR EIGHTEEN (18) COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM ACTIVITIES ENTITLED COMMERCIAL
REVITALIZATION PROGRAM AND AFFORDABLE HOUSING PROGRAM
ADMINISTRATION RECOMMENDATION:
To adopt the attached Agreement with the Miami Beach Development
Corporation (MBDC) in the amount of $749, 168 for MBDC's Commercial
Revitalization Program and Affordable Housing Program. Funds for
this Agreement are comprised of Year 18 funds @ $460, 000 and prior
years' carry-over funds @ $289, 168 .
BACKGROUND:
On July 8, 1992 , the City Commission adopted Resolution 92-20535
which approved the Year Eighteen (18) Community Development "Final
Statement of Objectives and Projected Use of Funds" for the program
year which commenced on October 1, 1992 , and continues through
September 30, 1993 , and which authorized specific allocations for
the Year 18 projects/activities. Subsequent to City Commission
approval, the "Final Statement" (which is a federal grant
application) , was submitted and accepted by the U.S. Department of
Housing and Urban Development. In order to implement the various
projects and programs which were approved, it is necessary to
prepare and execute contractual agreements for such. This is a
standard administrative procedure, to implement the CDBG activities
approved by the City Commission on July 8, 1992 . On October 21,
1992 , the City Commission approved fifteen (15) sub-recipient
agreements as well as the "Form Agreement" for such. At that time
the City Commission was advised that the remainder of the
Agreements would be presented at a later date.
ANALYSIS:
The activities/programs approved on 7/8/92 , to be undertaken by the
Miami Beach Development Corporation total $460, 000
(Housing/Homeownership @ $185, 000, Lincoln Road @ $50, 000, and
Commercial Revitalization and Facade Renovation @ $225, 000) .
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AGENDA
ITEM
DATE — 10 -'12
COMMISSION MEMO
JANUARY 20, 1993
PAGE 2
You will note that this Agreement contains $289, 168 in funds
carried-over from prior years which were previously approved for
these activities. The majority of these carry-over funds are for
hard costs, i. e. physical improvements. This is necessary due to
the on-going nature of MBDC's programs. However, the Agreement
contains clear language that the carry-over funds must be
contractually committed during FY 92/93 or the funds will be lost.
Since MBDC's program is an integrated approach to overall
revitalization, it was determined that one (1) agreement containing
all components is the most effective way to administer the program
in lieu of three separate agreements. Therefore, this year MBDC's
Agreement contains two primary scopes of service, i.e. a Commercial
Revitalization Program @ $267 , 583 and an Affordable Housing Program
@ $192 , 417 from Year 18 funds, plus carry-over funds @ $289, 168.
In addition, MBDC's programs are expected to generate $670, 000 in
Program Income (primarily from the Acquisition/Disposition
activities) , and are to be retained by the sub-recipient. An
Administrative Final Statement Amendment will be completed. Each
scope contains separate components. Although the allocation per
scope deviates from that approved by the City Commission on July
8th, these changes have been determined to be non-substantive.
Further, you should be aware that due to the nature of the
activities to be undertaken by MBDC that minor shifts in the
budgets of the various components of each scope of service may
occur. The Administration will carefully monitor such to ensure
that these changes remain non-substantive.
CONCLUSION:
Therefore, at this time we recommend adoption of the attached
Resolution and contractual agreement with the Miami Beach
Development Corporation in the amount of $749, 168 . Funds are
available in Fund 130, Year 18 CDBG Program @ $460, 000, as well as
the prior years' carry-over funds. It is essential that this
Agreement be approved at this Commission Meeting.
RMC/cmc
Attachment
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AGREEMENT
This Agreement is entered into this 1st day of October, 1992 , by
and between the City of Miami Beach, a Florida municipal
corporation, having its principal office at 1700 Convention Center
Drive, Miami Beach, Florida, hereinafter referred to as the "City" ,
and the Miami Beach Development Corporation, hereinafter referred
to as the "Provider. "
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S.
Department of Housing and Urban Development for the purpose of
conducting a Housing and Community Development Program with federal
financial assistance under Title I of the Housing and Community
Development Act of 1974 , as amended, hereinafter called "Act" ; and
the Cranston-Gonzalez National Affordable Housing Act of 1990; and
WHEREAS, the City has determined through its Year Eighteen
Final Statement of Objectives and Projected Use of Funds, which was
adopted by City of Miami Beach Resolution Number 92-20535, July 8 ,
1992 , the necessity for providing a Commercial Revitalization
Program and an Affordable Housing Program in Miami Beach; and
WHEREAS, the City desires to engage the Provider to render
certain services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to implement the Year 18 Commercial
Revitalization Program and the Affordable Housing Program in
accordance with the projected accomplishments and budgets attached
and made a fully binding part of this Agreement, as Appendix 1.
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A. COMMERCIAL REVITALIZATION PROGRAM: The following three
components of the Commercial Revitalization Program activity
are to be implemented under this Agreement:
1. COMMERCIAL PROPERTY REHABILITATION GRANT PROGRAM -
24 CFR 570. 202 (a) (3)
a. Property rehabilitation grants are to be made
available to property owners and merchants who
undertake rehabilitation of their properties
in accordance with design review requirements
of MBDC, the City and other applicable
governmental agencies. MBDC is to be
responsible for promoting the availability of
the program, coordinating the design review
process and providing the owner/merchant and
contractors with technical assistance in
meeting government requirements.
b. Provider is to complete rehabilitation/
construction of two (2) projects (twenty-one
(21) storefronts) carried-over from CDBG Years
15, 16 and 17 , and initiate renovation of
twenty (2 0) new storefronts (defined by street
address) for businesses located in eligible
areas, based on the availability of funds from
the City and Dade County. Rehabilitation work
shall be limited to facade rehabilitation and
interior correction of code violations, unless
approved by both the City and Dade County. The
two (2) carry-over projects and the 20 new
storefronts will be completed (final
completion approved by the City's Building
Department) , by September 30, 1993 .
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C. The Year 18 Program will provide matching
commercial rehabilitation facade
/ grants to property
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owners and leaseholders, in accordance with the
South Beach Commercial Rehabilitation on Program.
Eligible program areas are as
follows:
(i) Year 15 and 16 carried-over reed-over projects:
Lincoln Road from the 400 to the 1000
blocks; and Washington Avenue
from the
500 block to Lincoln Road.
(ii) Year 17 carried-over •
projects: Lincoln
Road from the Atlantic Ocean to West
Avenue, and Washington Avenue from
the
500 block to Lincoln Road.
(iii) Year 18 projects: Lincoln Road from the
Atlantic Ocean to West Avenue, and
Washington Avenue from Commerce Street to
Lincoln Road.
(iv) Any proposed changes to the
g Year 18
projects eligible revitalization area
are to be submitted in writing to the
City's Housing & Community Development
Division for prior review and approval.
No written application is to be taken by
MBDC from businesses outside the approved
areas.
d. The Provider shall submit all commercial
rehabilitation/facade grant applications to
the City's Housing & Community Development
Division of the Department of Development,
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Design and Historic Preservation Services for
review and approval .
e. The Provider shall clearly document the manner
by which each project/business meets a CDBG
National Objective (low/mod benefit or slums/
blight) , such as the low/moderate income
service area of each business assisted or the
designated slum/blighted area where the
business is located. This documentation must
be submitted to the Housing & Community
Development Division with each application,
for review and approval .
2 . DIRECT TECHNICAL ASSISTANCE AND GRANT/LOAN PACKAGING -
24 CFR 570. 203 (b)
a. The Provider shall provide direct technical
assistance to twelve (12) eligible commercial
businesses located on Lincoln Road, subject to the
following:
(i) The business must serve a low and
moderate income residential area.
(ii) The direct technical assistance rendered
to businesses must be extensive one-on-
one guidance, counseling or teaching in
areas such as business management,
accounting, expansion, location,
retention, or legal issues. Proper
documentation shall support the
assistance needed/required by each
business. This documentation shall
include, but is not necessarily limited
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a
to, an in depth description of the nature
and amount of the technical assistance
rendered, the reason for rendering such
assistance, a description of how this
assistance is expected to provide public
benefit to the low and moderate income
residential area, intake forms, narrative
progress reports, feasibility studies and
implementation schedules for expansion or
retention of businesses, and time sheets
that reflect the amount of staff time
provided to each business.
(iii) The Provider will provide eligible
commercial businesses with opportunities
to utilize the consulting and training
services of the Florida International
University (FIU) Small Business
Development Center. However, since such
assistance is considered "indirect
technical assistance" , referral of a
business by the Provider to the FIU Small
Business Development Center will not
constitute achievement of stated
technical assistance under this Program.
(iv) Necessary and Appropriate Determination:
In order to ensure that any direct
technical assistance does not unduly
enrich a for-profit business, the
Provider shall conduct, to the
satisfaction of the City, an analysis to
determine that the amount of any
assistance to be provided is not
excessive, taking into account the actual
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needs of the business in making the
project financially feasible and the
extent of public benefit expected to be
derived from the project. For each
business, the Provider shall document, to
the City's satisfaction, the analysis as
well as any factors it considered in
making its determination that the
assistance is necessary or appropriate to
carry out the project. The Provider must
maintain sufficient documentation on each
assisted business showing that the amount
of assistance provided is not
unreasonable relative to the amount of
public benefit expected to be gained.
This documentation must include an
extensive description of how the
technical assistance is expected to
provide public benefit, and the nature
and amount of those benefits. A copy of
each Necessary and Appropriate
Determination must be submitted to the
Housing & Community Development Division
with the monthly reports.
b. The provision of staff support, for loan funds from
the State of Florida Community Development
Corporation Support and Assistance Program (based
on the availability of funds from the State) is to
be made available, through the Provider, for new
and expanding businesses to provide increased job
opportunities in the South Beach neighborhood. A
guaranty loan may provide up to $50, 000 without the
requirement of a match. A direct loan may provide
up to $300, 000 which must be matched by a financial
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institution. The Provider is to promote the
availability of the loan funds, package the loan
application, and administer the loan portfolio.
(i) The Provider will ensure that this
activity benefits low/moderate income
persons by clearly documenting the jobs
created and/or retained by each business
assisted; and/or the service area of each
business assisted.
(ii) The Provider is to complete the public
benefit portion of the Necessary or
Appropriate Determination for each
private-for-profit entity assisted. A
copy of each Necessary and Appropriate
Determination must be submitted to the
Housing & Community Development Division
with the monthly reports.
3 . LINCOLN ROAD COMMUNITY ECONOMIC DEVELOPMENT PROGRAM -
24 CFR 570. 201 (c) and 24 CFR 570. 205
a. The Provider shall undertake the design and
implementation of a physical public improvement
program for Lincoln Road. This program will
contain all of the following elements:
(i) A Capital Improvement activity to be
completed by September 30, 1993 , which
includes: Phase I of an overall program,
reconstruction, a signage/lighting and
identification program to improve the
safety, visibility and accessibility of
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merchants, as approved by the Lincoln
Road Coordinating Council .
(ii) Engage and monitor consultant team to
develop a comprehensive revitalization
program for Lincoln Road which will
include both a physical development
program as well as a business and
economic development program.
(iii) Identify contractors, obtain work
estimates, and monitor construction
progress.
b. MBDC will coordinate this effort with participation
and input from representatives of: the Lincoln Road
Task Force, the City's Development, Design and
Historic Preservation Services Department, and
others as deemed appropriate by the City.
4 . Any activities located in the Redevelopment Area will be
subject to prior approval from the City of Miami Beach's
Housing & Community Development Division.
B. AFFORDABLE HOUSING PROGRAM:
The following components of the Affordable Housing Program are
to be implemented under this Agreement:
1 . HOMEOWNERSHIP PROGRAM/SCATTERED SITE
24 CFR 570. 201 (a) and 24 CFR 570 . 201 (b)
a. the Provider shall select and acquire eighteen (18)
units in eligible Community Development target
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areas, for the purpose of enabling low/moderate
income eligible buyers to own their own home.
b. A minimum of twelve (12) units shall be purchased
by low/moderate income eligible buyers from Miami
Beach.
c. The Provider shall clearly document the eligibility
of each low/moderate income buyer, i.e. certify
that each applicant/buyer is eligible under the
CDBG Income Guidelines.
2 . HOUSING AND SPECIAL NEEDS POPULATION -
24 CFR 570. 202 (1)
a. The Provider shall select, acquire and rehabilitate
a 24 unit building for the purpose of placing into
operation a housing facility for A special needs
population through a joint venture initiative with
a community health organization.
b. Accomplishments to be completed by September 30,
1993 :
(i) Receive "Reservation of Funds" from the
U.S. Department of Housing and Urban
Development, Section 811 HUD Special
Housing for Persons with Disabilities and
Special Needs/Capital Advance.
(ii) Select site and receive HUD site
approval .
(iii) Enter into Contract to Purchase.
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(iv) Receive conditional approval and final
commitment from HUD.
(v) Undertake pre-development requirements
and architectural/engineering plans for
specifications.
(vi) Acquire property.
(vii) Any applicable start-up or service
delivery costs received by MBDC under the
Section 811 Program, shall be considered
City of Miami Beach/CDBG Program Income
and the City shall be reimbursed for
such. MBDC may request the use of these
funds, in writing, for other eligible
CDBG programs/activities and the City
will consider such and respond in
writing. No funds may be expended
without prior approval from the City.
3 . LARGER HOUSING UNITS
24 CFR 570 . 201 (a) and/or 24 CFR 570. 202 (a) (1)
a. The Provider shall select, acquire, rehabilitate
and re-configure existing studio, efficiency and
one-bedroom units into two and three bedroom units
for the purpose of providing suitable affordable
housing to low/moderate income eligible families by
placing into service ten (10) units for rental,
ownership or co-op housing.
Should MBDC become a certified Community Housing
Development Organization (CHDO) and/or receive City
of Miami Beach HOME funds as a private developer,
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then the City reserves the right to reevaluate the
terms and expenditures eligible under this
component.
b. Accomplishments to be completed by September 30,
1993 .
(i) Select suitable housing structure(s)
south of Dade Boulevard, and enter into
contract(s) to purchase.
(ii) Undertake financial analysis and identify
resources.
(iii) Acquire structure(s) .
(iv) Architectural/engineering plan(s) and
specification(s) for the rehabilitation
and re-configuration of the structure(s) .
(v) Commence rehabilitation.
SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income
persons living primarily within Miami Beach, but principally
in those areas containing a high concentration of such
persons.
B. The Provider shall maintain in its file the documentation on
which basis it determines that the project benefits low and
moderate income persons, minorities and residents of Miami
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Beach. Such records shall include, but not be limited to, the
following:
1 . Profiles identifying financial classification, head of
household, ethnicity, race and gender, or area benefit
data, as required.
2 . An outreach plan which insures equitable participation by
all eligible Miami Beach residents, and delineates steps
taken to solicit increased participation of minority
groups.
C. The Provider shall maintain a citizen participation mechanism,
which will include, but not be limited to the following:
1 . Logging citizen comments or complaints when received.
2 . Copies of comments and/or complaints received in writing.
3 . Copies of responses to complaints and/or explanations of
resolutions to complaints.
D. The Provider shall comply with the following attachments to
the Office of Management and Budget (OMB) Circular No. A-110,
"Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other
Non-Profit Organizations" , incorporated by reference into this
Agreement.
1. Attachment A, "Cash Depositories" , except for paragraph
4 concerning deposit insurance.
2 . Attachment B, "Bonding and Insurance" .
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3 . Attachment C, "Retention and Custodial Requirements for
Records" , except that in lieu of the provisions in
paragraph 4 , the retention period for records pertaining
to individual CDBG activities starts from the date of
submission of the annual performance and evaluation
report, as prescribed in 570. 507 , in which the specific
activity is reported on for the final time.
4 . Attachment F, "Standards for Financial Management
Systems" .
5 . Attachment H, "Monitoring and Reporting Program
Performance" , paragraph 2 .
6 . Attachment N, "Monitoring Management Standards" , except
for paragraph 3 concerning the standards for real
property and except that paragraphs 6 and 7 are modified
so that in all cases in which personal property is sold,
the proceeds shall be "program income" and that personal
property 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 . Attachment 0, "Procurement Standards" .
E. Costs incurred under this program shall be in compliance with
Federal Management Circular No. A-122 , "Cost Principles for
Non-Profit Organizations, incorporated by reference into this
Agreement.
F. The Provider shall abide by those provisions of 24 CFR Part
570 Subpart J, when applicable, incorporated by reference into
this Agreement.
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G. No expenditures or obligations shall be incurred for the
program prior to approval and release of funds from the U.S.
Department of Housing and Urban Development. Further, it is
expressly understood that in the event no funds are released
from the U. S. Department of Housing and Urban Development in
connection with this Program, then the City is not liable for
any claims under this contract.
H. The Provider shall certify, pursuant to Section 109 of the
Act, that no person shall be denied the benefits of the
program on the ground of race, color, national origin or sex.
I . The Provider agrees that to the extent that it staffs the
Program with personnel not presently employed by said party,
it will take affirmative action in attempting to employ low
income persons residing in the City of Miami Beach,
particularly minority group members.
J . The Provider shall comply with the provisions of 24 CFR
570 . 504 (c) , "Program Income" , gross income directly generated
from the use of CDBG funds. In those instances where the City
allows the sub-recipient to retain program income, these funds
shall be expended for CDBG eligible activities, previously
approved by the City in accordance with the projected
accomplishments and budget descriptions attached to this
Agreement.
K. The Provider shall adhere to the applicable requirements
contained in the "Acknowledgement of Economic Development
Activities" , attached hereto and made a part hereof as
Appendix 2 , if applicable.
L. The Provider shall comply with First Amendment Church/State
principles, as follows:
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1 . It will not discriminate against any employee or
applicant for employment on the basis of religion and
will not limit employment or give preference in
employment to persons on the basis of religion.
2 . It will not discriminate against any person applying for
public services on the basis of religion and will not
limit such services or give preference to persons on the
basis of religion.
3 . It will provide no religious instruction or 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.
4 . The portion of a facility used to provide public services
assisted in whole or in part under this Agreement shall
contain no sectarian or religious symbols or decorations.
5 . The funds received under this Agreement shall not be used
to construct, rehabilitate, or restore any facility which
is owned by the Provider and in which the public services
are to be provided. However, minor repairs may be made
if such repairs are directly related to the public
services ; are located in a structure used exclusively for
non-religious purposes; and constitute, in dollar terms,
only a minor portion of the CDBG expenditure for the
public services.
M. The Provider shall transfer to the City upon expiration of
this Agreement, any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to the use
of CDBG funds. The following restrictions and limitations
apply to any real property under the Provider's control which
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was acquired or improved in whole or in part with CDBG funds
in excess of $25, 000:
1 . Any real property under the Provider's control must be
used to meet one of the National Objectives in the CDBG
Regulations, Part 570. 208 until five years or such longer
period of time as determined appropriate by the City
after expiration of the Agreement.
2 . If the real property is sold within the period of time
specified above, the property must be disposed of in a
manner which results in the City being reimbursed in the
amount of the current fair market value of the property,
less any portion thereof attributable to expenditures on
non-CDBG funds for acquisition o f, or improvement to, the
property. Such reimbursement is required.
N. The Provider agrees that when sponsoring a project financed in
whole or in part under this Agreement, all notices,
informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the project, research
reports, and similar public notices prepared and released by
the Provider shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT
OF ECONOMIC AND COMMUNITY DEVELOPMENT" shall appear in the
same size letters or type as the name of the Provider.
O. The Provider shall ensure the following when entering into a
sub-contract agreement:
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1 . The full correct legal name of the party shall be
identified.
2 . The "Scope of Services" shall describe the activities to
be performed.
3 . The amount of the sub-contract agreement, price
components, method of payment, and funding sources shall
be detailed.
4 . A provision requiring compliance with all regulatory
requirements of this Agreement shall be incorporated.
5 . Written approval from the City shall be received prior to
any expenditures being incurred under the sub-contract
agreement. Failure to obtain prior approval will release
the City of any obligation to reimburse the Provider for
any costs incurred.
P. The Provider shall maintain sufficient records in accordance
with 24 CFR 570 . 502 and 570. 506 to determine compliance with
the requirements of this Agreement, the Community Development
Block Grant Program and all applicable laws and regulations.
This documentation shall include, but not be limited to, the
following:
1 . Books, records and documents in accordance with generally
accepted accounting principles, procedures and practices
which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by
this Agreement, including matching funds and program
income.
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2 . A system of allocation that will assure reliable cost
measurements and reasonable and customary service
delivery costs for each program.
3 . Time sheets for split-funded employees, which work on
more than one activity, in order to record the CDBG
activity delivery cost by project and the non-CDBG
related charges. •
4 . How the Statutory National Objective(s) 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, income certifications, and written
agreements with beneficiaries, where applicable.
Q. 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 three (3) years after expiration of this Agreement,
with the following exception: if any litigation, claim or
audit is started before the expiration date of the three year
period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved.
The City shall be informed in writing after close-out of this
Agreement, of the address where the records are to be kept.
SECTION III : TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release
of funds by the U. S . Department of Housing and Urban Development
and being duly executed by both parties, whichever is later.
This project shall become operational as of October 1, 1992 , and
shall continue through September 30, 1993 .
18
SECTION IV: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by
written notice to the other party of such intent to terminate
at least thirty (3 0) days prior to the effective date of such
termination.
B. This Agreement may be terminated in whole or in part, for
convenience, when both parties agree upon the termination
conditions. A written notification shall be required and
shall include the following: reason for the termination, the
effective date, and in the case of a partial termination, the
actual portion to be terminated. However, if, in the case of
a partial termination, the City determines that the remaining
portion of the Agreement will not accomplish the purposes of
such Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement,
and may suspend or terminate this Agreement in whole, or in
part, for cause.
1 . Cause shall include, but not be limited to, the
following:
a. Failure to comply and/or perform in accordance with
this Agreement, or any federal statute or
regulation.
b. Submitting reports to the City which are late,
incorrect or incomplete in any material respect.
19
c. Implementation of this Agreement, for any reason,
is rendered impossible or infeasible.
d. Failure to respond in writing to any concerns
raised by the City, including substantiating
documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste,
as determined by the City's monitoring of the sub-
recipient, and applicable HUD rules and
regulations.
2 . The City shall notify the Provider in writing when the
Provider has been placed in default. Such notification
shall include actions taken by the City, such as
withholding of payments, actions to be taken by the
Provider as a condition precedent to clearing the
deficiency and a reasonable date for compliance, which
shall be no more than fifteen (15) days from notification
date.
3 . The City shall notify the Provider in writing when
sufficient cause is found for termination of this
Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing
the termination prior to final action being taken by the
City.
D. Let it be further understood that upon curtailment of, or
regulatory constraints placed on, the funds by the U.S.
Department of Housing and Urban Development, this Agreement
will terminate effective as of the time that it is determined
such funds are no longer available.
20
E. Costs of the Provider resulting from obligations incurred
during a suspension or after termination, are not allowable
unless the City expressly authorizes them in the notice of
suspension or termination or subsequently. Other costs during
suspension or after termination which are necessary and not
reasonably avoidable are allowable if:
1. The costs result from obligations which were properly
incurred before the effective date of suspension or
termination, are not in anticipation of it, and in the
case of termination, are noncancelable, and
2 . The costs would be allowable if the award were not
suspended or expired normally at the end of the Agreement
in which the termination takes effect.
F. Upon termination of the Agreement, the Provider and the City
shall meet to discuss the City's determination if any amounts
are to be repaid to the City or if additional amounts are due
the Provider.
SECTION V: AMENDMENTS
Any alterations, variations, modifications or waivers of this
Agreement shall only be valid when they have been reduced to
writing and duly signed by both parties. Any changes which do not
substantially change the scope of the project and/or the Project
Implementation Schedule or increase the total amount payable under
this Agreement, shall be valid only when reduced to writing and
signed by the City Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of
the funded amount of the Agreement unless and until the City
21
officially, in writing, approves such expenditure by executing a
written modification to the original Agreement.
SECTION VI: METHOD OF PAYMENT
A. It is expressly understood and agreed that the total
compensation to be paid hereunder for actual expenditures
incurred shall not exceed:
1 . Commercial Revitalization Program @ $267 , 583 from Year 18
funds of which $100, 000 is to be used only for
rehab/facade grants (hard costs) , as well as prior
year(s) funds carried-over from this program @ $163 , 320
to be used only for rehab/facade grants, and @ $115, 848
to be used for a capital improvement program.
2 . Affordable Housing Program @ $192 , 417 of Year 18 funds,
as well as prior year(s) funds @ $10, 000 carried-over
from this program.
B. Such funds must be expended during the term of the Agreement,
and any remaining balance of funds shall revert to the City.
Such compensation shall be paid in accordance with the
projected accomplishments and budget descriptions attached
hereto and made a part hereof as Appendix 1.
C. The Provider shall submit, for each separate component under
Scope A and B, monthly requests for payment for actual and/or
anticipated expenditures, including applicable back-up
documentation, no later than the tenth (10th) day of the
succeeding month and the City will provide payment, upon
approval , within ten (10) working days after receipt of the
same, if submitted by the deadline date for inclusion on the
drawdown request.
22
D. The City agrees to pay the Provider for expenditures incurred
under this Agreement on a monthly basis in accordance with the
Budget and Project Implementation Schedule attached hereto and
made a part hereof as Appendix 1. Line item transfers are
allowable only within each component and may not exceed in the
aggregate ten percent (10%) of each line item, and must have
prior written approval of the City.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who
presently exercises any functions or responsibilities in connection
with Community Development funded activities, has any personal
financial interests, direct or indirect, in this Agreement. The
Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The
Provider covenants that it will comply with all provisions of 24
CFR 570 . 611 "Conflict of Interest" , and the State Statutes
governing conflicts of interest. The Provider shall disclose, in
writing, to the City any possible conflicting interest or apparent
impropriety that is covered by the above provisions. This
disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion which shall be
binding on both parties.
SECTION VIII: INDEMNIFICATION AND INSURANCE
The Provider, through an insurance carrier, shall indemnify and
hold harmless the City from any and all claims, liability, losses
and causes of action which may arise out of an act, omission,
negligence or misconduct on the part of the Provider or any of its
agents, servants, employees, contractors, patrons, guests, clients,
licenses or interests or of any other person entering upon the
23
Provider's place of business. The Provider, through its insurance
carrier, shall pay all claims and losses of any nature whatsoever
in connection therewith and shall defend all suits in the name of
the City, when applicable, and shall pay all costs and judgments
which may issue thereon.
The Provider, through an insurance carrier, shall provide a General
Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $500, 000 single limit (the policy must
include coverage for contractual liability to cover the above
indemnification) ; and the City of Miami Beach shall be named as an
additional insured followed by the statement: ',This coverage is
primary to all other coverage carried by the City covering this
specific agreement only." The Provider shall hold proof of
Workers' Compensation Coverage as per statutory limits of the State
of Florida.
Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the
performance of the Agreement.
The Provider shall submit to the City an ORIGINAL Certificate of
Insurance .
All insurance coverage shall be approved by the City's Insurance
Manager prior to the release of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded
to the Insurance 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 Insurance Manager.
24
SECTION IX: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the community development effort rests
heavily on the ability to produce an impact in low/moderate income
areas, through progress in accomplishing scheduled activities. An
effective method for maintaining project progress against a
previously established schedule is through project evaluation and
reporting, which will consist of both written reports and staff
discussions on a regular basis including quarterly meetings with
all parties of interest attending for the purpose of insuring
effective contract execution. The Provider also assures prompt and
efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of
the succeeding month and shall include the request for payment
when applicable. Contents of the Monthly Report, attached
hereto and made a part hereof as Appendix 3 , shall include but
not necessarily be limited to the following:
1 . The Narrative Report.
2 . The Financial Status Report, including Program Income,
for each separate component under Scope A and B, which
shall include the request for payment and documentation,
as applicable.
3 . The Client Profile Report.
4 . Time sheets for split-funded employees, in accordance
with Section II, Paragraph P. 2 of this Agreement.
B. Final Evaluation. Within twenty (20) days of contract
completion, a final report documenting how the Statutory
National Objective and the eligibility requirements were met,
25
must be submitted by the Provider to the City's Community
Development Division for review and approval . The contents of
same shall include a cumulative total of the data submitted
during the program's operation. Further, such report shall
include statistical findings which depict program efficiency;
i . e. , the number of dollars spent, including non-CDBG funding
sources, to render actual service to program recipients, and
an overall evaluation of the program's effectiveness, and
quantitative results. The final report will be evaluated and
the Provider will be notified if additional data is necessary
or that the project/activity is considered "closed-out" .
Other Reporting Requirements may be required by the City in the
event of program changes, need for additional information or
documentation and/or legislation amendments. The Provider shall be
informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due
date, shall be considered delinquent, and may be considered by the
City as sufficient cause to suspend CDBG payments to the Provider.
SECTION X: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City
and/or Federal Government representatives may deem necessary, there
shall be made available to representatives of the City and/or the
Federal Government to review, inspect or audit all records,
documentation, and any other data relating to all matters covered
by the Agreement .
An annual organization audit shall be submitted to the City 120
days after the end of the Provider's fiscal year. The audit shall
be performed in accordance with OMB Circular A-110 Attachment F,
OMB Circular A-133 or OMB Circular A-128, as applicable. If this
26
s .
Agreement is closed-out prior to the receipt of an audit report,
the City reserves the right to recover any disallowed costs
identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal
regulations as they may apply to program administration.
Additionally, the Provider will comply with all state and local
laws and ordinances hereto applicable.
SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that
monies contemplated by this Agreement to be used for the
compensation, originated from grants of federal Community
Development Block Grant funds, and must be implemented in full
compliance with all of HUD's rules and regulations.
It is expressly understood and agreed that in the event of
curtailment or non-production of said federal grant funds, that the
financial sources necessary to continue to pay the Provider
compensation will not be available and that this Agreement will
thereby terminate effective as of the time that it is determined
that said funds are no longer available.
In the event of such determination, the Provider agrees that it
will not look to, nor seek to hold liable, the City or any
individual member of the City Commission thereof personally for the
performance of this Agreement and all of the parties hereto shall
be released from further liability each to the other under the
terms of this Agreement.
27
XIII: 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 $749, 168. 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 $749 , 168, 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 $749 , 168
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 .
XIV: ARBITRATION
Any controversy or claim for money damages arising out of or
relating to this Agreement, or the breach hereof, shall be settled
by arbitration in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and the arbitration award
shall be final and binding upon the parties hereto and subject to
no appeal , and shall deal with the question of the costs of
arbitration and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the
28
parties cannot agree upon the arbitrator, then the American
Arbitration Association shall appoint one. Judgment upon the award
rendered may be entered into any court having jurisdiction, or
application may be made to such court for an order of enforcement.
Any controversy or claim other than a controversy or claim for
money damages arising out of or relating to this Agreement, or the
breach hereof, including any controversy or claim relating to the
right to specific performance, shall be settled by litigation and
not arbitration.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials on the
day and date first above indicated.
ATTEST: THE TY OF MIAMI : :ACH, F �►RIDA
if
LL"� fwd
CITY CLERK MAYOR
WITNESSES:
i FFF
MIAMI BEACH DEVELOPMENT CORP.
(MBDC)
YV//
6, .1tip1
X1 ,,(,1
// AUTHORIZED SIGNATOR
FORM APPROVED /'
LEGAL DEPT. _-� .4s -. _
PRINT OR TYPE NAME AND
By J LD TITLE OF AUTHORIZED SIGNATOR
Date - • �` 3
MBDC
29
f ,
APPENDIX 1
BUDGET SUMMARY
BUDGE!' ITEMIZATION
INIPLEMEN'I'A'I'ION SdIIEI)UL
Miami Beach Development Corporation
PROPOSED COMMERCIAL AFFORDABLE RESULTING
BUDGET REVITALIN HOUSING TOTAL
1992-1993
INCOME
(267,583) 0 (267,583)
CMB commercial Revitalizat. (267,583)
CMB Housing Program ( 192,417)
192,417) 0 (192,417)
ZO 0 (163,320)
Carried-Over Prop.Rehab. (163,320) (163,320) 48
cMH Carri g 848 0 (115,8 �
CMB Carried-Over Capital Imp (115,848) (115,848) (10,000)
)
CMB Carried-Over Home Owner. (10,000) 0 (10,000 (570,000)
0 (570,000)
Pro raga Income--Scatter•d Si (570,000) p 000 (50,000)
Q (50,000) 0 (5 )
Program Income--AIDS0 (50,000) (s0,000)
Program Income-Sight 5peci! (50,000)
(546,751) (872,417) (1,419,168)
CMB CD BG Grant Income (1,419,168)
Other Program Income 0 0 0
Florida CDC Program 0
Metro CDBG--Coag Rev ( '
a2 000) (42,000) 0 (42,000)
S0 000) (50,000)
BG--Housing (50,000) 0
Metro CD
Dade County Surtax (285,000) 0 (285,000) (285,000)
256,500) 0 (256,500) (256,500)
Participants' Mortgages ( (28,500) (28,500)
ants' Down Payments (28,500) 0
Participants'
GMB HOME Funds (277,000) 0 (277,000) (277,000)
Howe Program Match (277,000) 0 (277,000) (277,000)
(1,275,000)
(1,275,000) 0 (1,275,000)
HUD Section 811 0 (82,750) (82,750)
L.I.S.C.Recoverable Grant (82,750)
Loan Pool (250,000) (250,000) 0 (250,000)
Resort Funds Hotel 0 0 0
Other Grant Income 0
TOTAL PROGRAM INCOME (4,242,918) (838,751) (3,404,167) (4,242,918)
EXPENDITURES
5001 DIRECT SALARIES
Coalmerial Revitalization Dept. 0 21,364
5010 Executive Director 21,364 21,364
Rev Director 39,300 39,300 0 39,300
5040 Commercial
Commercial Revit. Specialist 25,200 25,200 0 25,200
Secretary
12,000 12,000 0 12,000
Housing Department
Director 21,364 0 21,364 21,364
5010 Executive Dir
5020p� �
Development Coord. 0 0 0
5025 Housing Officer 1 24,000 0 24,000 24,000
� q
Housing Officer 2 22,600 0 22,600 22,600
Secretary 12,600 0 12,600 12,600
�
TOTAL DIRECT SALARIES
178,428 97,864 80,564 178,428
0.402529090 0.597470909 1
Core Salaries
5010 Executive Director 21,362 8,599 12,763 21,362
5035 Office Manager 20,100 8,091 12,009 20,100
5065 Comptroller 26,600 10,707 15,893 26,600
5090 Other Payroll 10,000 4,025 5,975 10,000
TOTAL CORE SALARIES 78,062 31,422 46,640 78,062
TOTAL SALARIES 256,490 129,286 127,204 256,490
.
Miami Beach Development corporation •
PROPOSED COMMERCIAL AFFORDABLE RESULTING
BUDGET REVITALZN HOUSING TOTAL
1992-1993
5500 Fringe Benefits
5510 Federal Payroll Tax 19,621 9,890 9,731 19,621
5520 Unemployment Tax
2,520 1,014 1,506 2,520
5525 Workm•ns Compensation on 1,200 483 717 1,200
19,200 7,729 11,471 19,200
5530 Health Insurance 6,757 11,310
5550 Other Fringe e Benefits 11,310 4,553 q
5598 Total Fringe Benefits 53,851 23,669 30,183 53,851
5799 Total Personnel Costs 310,341 152,955 157,386 310,341
6000 Contract Costs
6010 Audit
15,000 7,500 7,500 15,000
6050 Consultants/LQq
al 7,500 0 7,500 7,500
6299 Total Contract
Costs 22,500 7,500 15,000 22,500
6300 Travel & Transportation 2,000 4,000
6310 Travel Seminars & Conference 4,000 2,000
6320 Local Transportation 4,000 2,000 2,000 4,000
6399 Total Travel & Trans. 8,000 4,000 4,000 8,000
6400 Space Rental
Office Relocation 5,000 2,013 2,987 5,000
6410 Office Space Rental 40,200 16,182 24,018 40,200
ge
6499 Total
Rental Expense 45,200 18,194 27,006 45,200
6500 Occupancy Costs
6515 Utilities
6,000 2,415 3,585 6,000
6517 Janitorial Supple & Water 1,200 483 717 1,200
6530 Office Equipment 2,500 1,006 1,494 2,500
6560 Repairs & Maint•nnnc• 2,400 966 1,434 2,400
6699Occupancy
Total Costs 12,100 4,871 7,229 12,100
7000 Office Expense
7010 Supply Office Su 1 19,859 7,793 12,066 19,859
7015 Postage & Delivery 6,000 2,415 3,585 6,000
�
7017 Communications 6,000 2,415 3,585 6,000
7020 Telephone 3,000 1,208 1,792 3,000
7025 Long Distance Telephone 4,000 1,610 2,390 4,000
7030 Insurance 9,000 3,623 5,377 9,000
7040 Interest 0 0 0 0
7070 Personnel -- Advertising 0 0 0 0
7082 MBDC Meeting Costs 0 0 0 0
7299 Total Office Expense 47,859 19,063 28,796 47,859
7500 Indirect Costs
7510 Membership & Dues 3,000 1,500 1,500 3,000
7520 Publications & Subscriptions 3,000 1,500 1,500 3,000
7699 Total Indirect Costs 6,000 3,000 3,000 6,000
TOTAL OPERATING COSTS 452,000 209,583 242,417 452,000
r
•
Miami Beach Development Corporation
PROPOSED COMMERCIAL AFFORDABLE RESULTING
BUDGET REVITALBN HOUSING TOTAL
1992-1993
8500 Other Costs 0 263,320
Rehabilitation Costs 263,320 263,320
Lincoln CapitalImprove Im rove 115,848 115,848 0 115,848
Home Ownership Acquisition Ac isition 580,000 0 580,000 580,000
Home Ownership Disposition Dis sition 570,000 0 570,000 570,000
special HousingAcquisition 425,000 0 425,000 425,000
Special
HousingRehabil. 850,000 0 850,000 850,000
ProP Y
_Dev.Loan Re • .-C.D.B.G. 50,000 0 50,000 50,000
PreDp Y
ev.Loan Re a .-L.I.S.C. 82,750 0 82,750 82,750
Acquisition/Rehab-Site Spec. 554,000 0 554,000 554,000
PreD
ev.Loan Repay.-Family 50,000 0 50,000 50,000
Hotel Loans 250,000 250,000 0 250,000
8689 Total
Other Costs 3,790,918 629,168 3,161,750 3,790,918
8699 Total Costs 4,242,918 838,751 3,404,167 4,242,918
0 0 0 0
PROGRAM IMPLEMENTATION SCHEDULE
1992/93
ROJ ECr
• IAL REVITALIZATION . Miami Beach Development Corporation
IAMF. ORGANI.Z.ATION.
nplcmcntation Stepa ,OCT 1 NOV . DEC JAN, FEB., MAR APR: MAY JUNI JUL. AUG ' SES'
Property Rehabilitation Grants @ completion of
ntruction/rehabilitation of 41 storefronts 6 15 7 13
Promote availability of program to potential
s XXL ►•••• XXXXX x .•••• XXXXX XXX
�rticipant .
Assist in preparation and submission of.
*****4 X�;� XXXXX XXXXX X)000(plications for storefronts. >00.0(X� XXXXX XXXXX ,•••• M XXXXX
$ . . , ,
Oversee formulation of preliminary designs and
MCC{ XXXXX XXXXX ►••• XXXXX xxx X XXXXX
icilitate through the required review process.
Assist in the preparation of final designs.
XXXX XXXXXX XXXXX •••• XXXXX XXXXX •••••. XXXX3 XXXX XXXXXX XXXX
Assist in the process to select contractors and
• XXXXX XXXXX XXXXX 0•••••• XXXXX •••••. XXXXXXL XXXXX
� obtaining cost estimate for storefronts.
Provide technical asistance and monitor ►•••••• XXXXX •••••• XXXX XXX XXXX
Y� liance with grant requirn�ents. XXXX XXXXXX XXXXX XXL XXXXX
Facilit
• ate payment of grant. XXXXXX XXXX XXXXX XXXXX •••••• XXXXX XXXXXX ••••• )000041000001K )00‹
R
PROGRAM IMPLEMENTATION SCHEDULE
1992/93
'ROS ECF
l A M F: COMMERCIAL REVITALIZATION ORGANIZATION:. Beach Development Corporation
mplcmcntation Steps • �! • �I: t : '� PL
2. Lincoln Road Public Improvements.
1111111111
Complete consultant/architectural selection
Process. ' XXX XXXX . XXXXX_
Negotiate and award consultant/architectural
Aontract, and monitor such. XXXXXXXXXNXXXXX • 4XXXXXXXXXXXXXXX XXXXXXXXX
Facilitate and monitor Phase I program
ievelopment. XXX XXXXXXXXX XXXXX • 4 XXXXXXXXXXXXXXX XXXXXxXXX
3. Technical Assistance and Grant/Loan Packaging. XXX XXXXXXXXWXXXX 4 XXXXXXXXXXXXXXX XXXXX;XXX i
3 3 3
Provide Technical Assistance and Grant/Loan
?ackaging services. XXX XXXX XXXXAXXXXX XXXXX XXXXKXXXX XXXXX XXX 4
PROGRAM IMPLEMENTATION SCHEDULE
1992/93 .
rOJEcr
AMP.: AFFORDABLE HOUSING PROGRAM ORGANIZATION: Miami Beach Development Corporation
GAN LZATION. p P
1picmcntation Stepp • GI • .
UMMT
. Scattered Site Condominium Project
Identify 18 units suitable to acquire
or the program XXXX XXXXX XXXX XXXX XXXX] XXXX XXXXX XXXX XXXX XXXX XXXXX XXX
@ Acquisition of 18 units 8 3 4 3
Obtain required financing for program
mplementation of properties . 'XXXX XXXXX XXXX XXXX XXXX XXXXX XXXX> XXXX XXXX XXXX XXXX>XXXX
Select, train and assist program
articipants. XXXX XXXXX XXXX XXXX XXXX XXXXX XXXX>I XXXX XXXX XXXX XXXX XXXX'
Facilitate the acquisition, fix-up, ' '
inancing and disposition of units. XXXX XXXXX XXXX XXXX XXXX XXXXX XXXX4 XXXX XXXX XXXX XXXX> XXX
+
Sell the
units to 12 CDBG eligible
iami Beach residents. XXX XXXXX XXXX XXXX XXXX XXXXX XXXX XXXXX XXXX XXXX XXXX> XX
@ Disposition of 12 units 3 3
3 3
Housing for Special Needs Populations
Indentify and contract to buy suitabl=
acility. ► XXXXX XXXX XXXX XXXX XXXXX XXXX XXXXX XXXXXXXXX XXXXX
PROGRAM IMPLEMENTATION SCHEDU1 P.
1992/93
I R OJ EC I'
NAME: AFFORDABLE HOUSING PROGRAM ORGANIZATION: Miami Beach Development Corporation
P P
!mQ1cmenLion1e OCTNOVE FEB
DEC JAN. F , MAR APR , MAY 1 JUN♦ )JL AUG SES'
SL 'Jwit initial application for Fund
Commi,Lment. XXXX XXXX XXXX XXXX XXXX XXXXX XXXX XXXX XXXX XXXXX XXXXXXXX>
• ► • 4 .-
Complete application for Funding
Commitment. XXXX XXXX XXXX XXXX XXXX XXXXX XXXX XXXXX XXXx XXXX XXXX XXX
Undertake pre-development
requirements . XXXX XXXX XXXX XXXX XXXX XXXXX XXXXX XXXX XXXX; XXXX XXXX XXXX
Acquire, rehabilitate and place into
operation. XXX XXXXX XXXX XXXX XXXX XXXXX XXXX XXXXX XXXX XXXX XXXXX XXX
3. Larger Housing Units.
Indentify suitable housing
structure (s) . ) XXX XXXXX XXXX XXXX XXXX XXXXX XXXX XXXXX XXXX XXXX XXXX XXXx
•
Undertafe financial anaylsis and
identify resources. ► (XX XXXXX XXXX XXXX XXXX XXXXX XXXX1 XXXX XXXX XXXX XXXX XXXX
Complete predevelopment requirement ' XXX XXXXX XXXX XXXX XXXX XXXXX XXXX; XXXX XXXX XXX XXXXX XXXX
PROGRAM IMPLEMENTATION SCHEDU I E?
1992/93
PROJECT
NAME: AFFORDABLE HOUSING PROGRA ORGANIZATION:Miami Beach Development Corporation
\
[mpIcmerujQn Siep E B R PI M • s - .
AcL1ui.re, rehabilitate and place in
service. XXXX XXXXX XXXX XXXX XXXX XXXXX XXXXX XXXX XXXX XXX XXXXX XXXX
• . , . . . . . .
1 . .
• r * . r ♦ , 4 , ► •
1 • • • _ , • ► I r 1 t--
T f
• . r . . a • r
A �
L �
AI'PEN I)IX 2
ACIZNOWLEDCEN1ENT OF ECON()Nl1C
DEVELOPMENT ACTIVITIES
ACKNOWLEDGEMENT OF ECQNOMIC
DEVELOPMENT ACTIVITIES
Community If the Provider will be using c y Development Block Grant
o
CDBG funds for an Economic Development meet Activity, the following
(CDBG)
federal requirements must be acknowledged.
LOW/MODERATE INCOME_JOBS
Criteria:
job one w11ic11low/noderato activity v i t y is -------_-
• low moderate
> >s at least 53 % of which are a taken b_..y / •
permanent �c k ,
incomeconsidered to be available to low/moderate income
persons or persons.
In counting jpbdjobs retained, the following policies
scrateor _`_
apply:
Part-timejobs 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
notice by the business to affected employees, a public
announcement by the business, or 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 followingconditions
are fulfilled:
• Special skills that can only be acquired with one or more
years of training or work experience, or educations beyond
high school , are not a pre-requisite
y
p q ite to fill 11 such or
hire unqualified
else the business nevertheless agrees to
persons and train them; and
' d business adheres to the
ensures that the• assn ste �� sin a hiring
The Provider cons consideration" by: using of "firstresult in over 51% of
principles
• that in all likelihood will Seriously
practice income persons;
those hired being low/moderate
fob
number of low/moderate income
'derin a sufficient that the distance
considering
• s to meet this intent; determining site or
applicant.• t's residence is close to t le job
from the job applicant's job site.
1�s, ortation is available to the
that tra p
RECORDS TO DE MAINTAINED
incomebenefit is based on fob_creation, the
Where the low/moderate _ benef_1
• '
os must include the documentation described in either
Providers til
(J\) or (13) below:
at least 51% of the jobs will be
(�1) For activities where
available to low/moderate income persons, documentation for
each assisted business must include:
( 1)
A copy of a written agreement containing:
(a) A commitmentby
the business that it will make at
least 51% jobs of the available to low/moderate
income persons and will provide training for any of
those jobs requiring special skills or education;
g
and,
b A listing byjob title of the per.manent jobs to be
( � g indicating will be available to
created, which 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 we1_J. 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 )ersons were interviewed for a articular
job and which p
interviewees were )sired.
(B) For activities where at least 51% of thejobs low mode will be taken_by
low/moderate income persons, documentation for each assisted
must include: d
( 1) A copy of a written agreement containing:
2
• business that at least 51% of
(a) � commitment by the
jobs, full-time equivalent basis, wf11 be
the on a
income
taken bX low/moderatepersons and a listing
b job title of the permanent jobs created; and,
Y
title, o f the permanent jobs
(b) A listing, by , )°binitially held by
filled led and which jobs were in Y
low/moderate income persons; and,
• the size and annual income of the
(c) Information on to the low/moderate
person's immediate family prior_
income personjob.
being hired for the
' ricome benefit is based on job
(2) Where low/moderate 1
retention, the files must include the following
documentation ;
(a) Evidence jobs e that would be lost without CDBG
assistance.
(b) A listing, by job title, of permanent jobs
_ jobs retained, indicating which of those are part-
t�.me and ( if known) w
which are held by low/moderate income persons at the time the assistance is
provided.
(c) Identification of any retainbed jobs not already
held by low/moderate income personw wchih are
projected to become available to low/moderate
income persons through job turnover within two
g
years of the time CDBG assistance is provided.
(Jobprojections turnover 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:
( i) Notice that job applicant/employee is a
referral from state, county or local
employment agency or other entity that agrees
to refer individuals determined to be
low/moderate income according to HUD criteria,
(These entities must maintain documentation
for city of federal inspection. )
( ii) 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. Thlese
certifications must include a statement that
they are subject to verification by the local
or federal government. )
3
job icant ployee qualifies
Evidence that appl � with
( iii) under another program
for assistance income qualification criteria at least as
restrictive ive as those used by the CDBG program,
referrals from
such as the Job Training
t for
Partnership P
Part p Act (JTPA) Program,
referrals underthe JTPA Title III Program for
dislocated workers.
ADDITIONAL CONSIDERATIONS
�� r or ap,�ropriate�� determina-
tionProvider must prepare a necessa--:Y- rivate for-profit
whenever CDBG ass istance is provided for a p
tion velo
entitycarrying out economiceconomic de activities. This
determination pmeat the financial
• i s to ensure that the amount of
• • _ i i� light ht of the actual needs of the
assistance stance is not excessive g Examples of CU�3G
bus t
ness and the expected p�tbl.is benefit. • t to DBG
ranloans,
oa tt guarantees,nt f'_f'.� 1 1
assistance are g � i
est
- technicala�'.s ts t�1I10E'_ 01" another form except for those
supplements,
• � CDBG Regulations�ons at 570 . 207 . If no CDBG
described as ineLigible tq Lble ing provided for a private,
for-profit entity, then
assistance of a financial nature is being prove
-------- the "necessary or appropriate;
determination
would need to address the public benefits to be
assistingeach business but would not require a
derived from
financial analysis of the business' need for the grant or loan.
I HEREBY ACKNOWLEDGE
THAT I RAVE READ THE SPECIFIC REQUIREMENTS FOR
ECONOMIC ACTIVITIES
CONTAINED IN THIS DOCUMENT, AND THAT
ELIGIBILITY OF MY ORGANIZATION'S PROJECT DEPENDS UPON COMPLIANCE
WITH THEIR REQUIREMENTS CONTAINED IN THIS DOCUMENT.
SIG AtURE
/C
x,//, /,
NAME/TITLE OF SIGNATOR
-'' /
•
/NAME OF ORGANIZATION
DATE
4
APPENDIX 3
NARRATIVE RET'OR'T'
H NANCIAI, STATUS REPORT
CLIENT PROFILE REPORT
CITY OF MIAMI BEACH PROGRAM
COMMUNITY DEVELOPMENT BOCK GRANT
NARRATIVE REPORT
CDBG YEAR FY 199_
Project Category:
Project Provider_ Project Number:
Services Funded:
Reporting Month/Year: / Date Submitted: / /9_
Signature & 1 itle:
Describe activities completed and/or services provided during reporting period.
Detail those accomplishments cited above conducted during the reporting period.
Provide units of measure to quantify your accomplishments described.
State problems encountered during the reporting period which impacted your
organization's ability to either provide services or complete projects.
List special recognition received during the reporting period.
CDi3al.fear...:L.L.. e10 rr�ent B
.... Beach.� Co .. . .. ..........................„...........
..............
EE199""''''''''''.. .„....„.:„:„:„:,............„..
� loc.... .k;:::Grant-Pr. 0P4P4....... '.....11iiii,iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii:, .
.ar...:L.L. `Status Report::.... ..
:---.. —--.-.-. . ' . -:"-: : - .---.m.-:-:.i.:.::::':'::ii-ii:::::.”:; ::::imm:i..i i..i.: . .e: i
..i..i.:..::.::::-..--..-:::::..::::;:::.:::::::,....:... --.-...:.:. •..i. ...:•:. ----.. . ....------.-:.:::„::::::::.......::::.:::.:.::::::,::::::.:::::::::::::::.:-..,,,...::-:.:..:.:.:: ... - - .....
Project Category: Reporting Month/Year:
Project Provider. 1 Signature& Title:
Services Funded: I pteSubrnitted:
Year Month to Date rear tu:a•`=- j
MonthIncomes
Adopted ! Revised to Date to Date Available I i 11
����c�� �°� �
CMB Budget Account Number/Title: Budget BudPet F.zp�e (1) 1 Revenue Onditt�res Expenditures (1) � Funds
i 1 1
{ 1 I I ; j
Ij I 1 L � j
1 I j I
TOTALS:
(1) Tic zellortilig month's (with supporting documentation attached)and year to date expenditures. -
..... ....
,:::.....:: :..:f.:.: „
....................:
�a
- --------- ,....---------i,--:',:,:,:,,:::,:::-------::— oanui ;E:igiog:ngii:,iig:illsiliiiiii',iiE::iiiiiiiii':iinilii:,iiiiii.::ii
f: .�e�o m .1
..�-a
......
llt47.10g.M#11111111111.iiiiiiiiiiiiiiiimiiiiiiiiliii.iiiiili:;iiiiiiimiiiimiiliiiimi.iiiiiiiiii-iiiiiiiiliiiilliiiiiiiiiiiiniii-ii 4.
T''''''."."'"'FY9199'"'"'"'".""'"'"'"."'"'"'"g""'"''.'" "'-"."'."'"'"'""'"'"'"."""'"""mm.""m.""'-"''."."""-"'" :"''""""" ." ""'""'""".":"""""" "m"""."""m""".:M "'"''''':: 1!"."'i. ' '''::::.: :•-• ...:':':'''""....''':.-..... ''' 'i'i.:'. ::.:: :ii:a: 1i;::Mgiiil.iiin:giiiii'ZiElgigi.iiiEiiilili',iiigiiiiiiiiWiliiiiR•iii.iiiiliggiiiiiP2:ill'::Iiiiiiiiiii',.::ii.iliiiiiiiBiiiiiiiiiiiii'iiii.iiiiiiiiiiiiii.i.iiii•iiiiiiiiiiiiiiiiiiiiiiiiii.iiiiiiiiiiiiiiiiieliiiiiiiiliiiiiiiiiiiiiiiiiiiiii:::iiiiiiii.U::iiiiil;
_:
l
e n . lei: e
P
,
rioiect Category:
ReportingMonth/Year:
Pro_ject Provider:
Signature& Title.
Activities, Programs or Services Funded: Date Submitted:
;.10, 1
e
i��14'��'.
r•. ns N
a
ti
nal
Objective ti
v
e
!•A.I.C.:0* ..- 0,*:(.F.4.-#4iikor:1-.. piii
..
.m
:....
j :-...:.:„.:-..............„:„.:.:•:.--.-:-:-.....:-.•-•:•::•:tiff
4�QAssisted check one category) Mt�diars 6-6�3-- s Sex ttf
camduring Low/Mod
Benefit B��
iWhite
Black
American can
Asian
Reporting
Armes:
Po
g
0
r
I _
Not
Indian
or
, . Not
N
50%
of
M
ofof M
1
W.:::: :g: M 80
} `. Period ... Ce
ns
us
. Limited
rted
113
3a0_ SIS.960
- �13 Oo
_ Male
�
Female Female/
Hispanic
Hispanic
Hispanic Alaskan
aa
Pacific
Q-
19 204 45-641,
6�
74
75
i
z.!..:..i!!!ri..!!!!!!!!!!!;:::;:.;!.:!ia::!:i.i.!!.i...i!!!!!.i!!!!..!!!!!!!!!::..:!..!::!!!..:!
. Tract Housing- slobs 522,SO530,440 HOH Origin Origin Native
1 1 2 3 j 4 5 6
I1 i ______, w1
'
I
I I 11
1 I
I
r
1 1 , I I I I 1
i
1
1
I
1
Col. 1 Quantify total number of activities, program, or services provided during reporting period, e. . 266 meals; 106 medications; 40 shopping visits, etc.
P'o gg PP
CoL 2 Place total clients assisted during reporting period through the activities, ro_ s, or services shown in Col. 1.
P
Col. 3 Place a "X"mark in appropriate category.
Col. 4-7 Describe the characteristics of the persons you assisted in�. 2. Remember, if you assisted 29 persons durin the reporting period, then you must breakdown the 29 amongst the categories entitled
"Income, Sex, Ethnicity, and Age." yg g1
ty, Each column must balance to the number of persons assisted in Col. 2.
A'FI'ACIIMEN'I'S
CITY OF MIAMI BEAC11
LOW ANI) MODERATE HOUSEHOLD INCOME LIM1'1'S
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECU'T'IVE ORDER 11246
•
•
MIAMIBCH_
CITY OF � MIT S
LOW AND MODERATE HOUSEHOLD INCOME LI
(EFFECTIVE: 5/21/92)
me household is defined as:
a
income or a moderate into than, the limits cited
A low to, or less
household having an income equal
below. Ind
but are sharing the same
Individuals who are unrelatedrgon households.
household shall each be considered as one pe
HOUSEHOLD SIZE MODERATE INCOME*COME* LOW **INCOME--- _.--
21 300 13 , 300
1 PERSON '
24 , 300 15, 200
2 PERSONS
27 350 17 , 100
3 PERSONS '
30 400 19 , 000
4 PERSONS '
32 850 20, 500
5 PERSONS '
6 PERSONS
35, 250 22 , 050
7 PERSONS
37 , 700 23 , 550
8 PERSONS 40, 150 25, 100
* 80% of Median Income
** 50% o f Median Income
SOURCE: U.S . Department of Housing & Urban Development
"Section 8 Housing Assistance Payments Program"
HUD Circular Letter 92-28
CITY OF MIAMI BEACH
PERCENTAGE'AGE OF LOW/MODERATE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS BLOCK % LOW/MOD CENSUS BLOCK % LOW/MOD
_
RACT GROUP PERSONS TRACT GROUP PERSONS- -
T- ---- ` _ --- ----- 1 81.70
39 . 01 1 51. 09 43 79 . 24
39 . 01 2 52 . 18 43 2
3 82 . 88
39 . 01 3 71 .78 43 86. 69
39 . 01 4 79 . 29 43 4
39 . 01 5 70 . 68 43 5 70 . 09
39 . 01 6
56 . 05 43 6 59 . 54
39 . 01 7
23 . 09 43 7 58 . 51 39 . 02 1 67 . 48 44 1 79 . 53
44 2 85 . 59
2 80 . 73
39 . 02
39 . 02 3 77 . 42 44 3 91. 18
39 . 02 4 63 . 53 44 4 90 . 14
39 . 02 5 47 . 59 44 5 85 . 89
39 . 02 9 40. 11 44 6 77 . 99
39 . 05 1 42 . 11 44 7 83 . 23
39 . 05 2 60 . 01 44 8 66.91
39 . 05 3 43 . 54 45 1 84 . 59
39 . 05 4 55. 46 45 2 86. 74
39 . 06 6 24 . 79 45 9 00. 00
39 . 06 7 25. 57 45.99 2 69 . 08
39 . 06 8 11 . 48
40 1 68 . 87
40 2 35. 61
40 3 38 . 53
40 4 27 . 58
40 5 59 . 65
40 6 15. 80
40 7 30. 73
41 . 01 1 74 . 44
41 . 01 2 62 . 91
41 . 01 3 60. 70
41 . 01 4 28 . 19
41 . 01 5 15 . 93
41 . 02 1 21. 37
41 . 02 2 25. 47
42 1 76. 47
42 2 76. 70
42 3 79. 83
42 4 00. 00
42 5 67. 63
42 6 77 . 44
42 7 60. 18
Source: 1980 Census SummaryTape
(6/27/88) p 3 for State of Florida
•
SI:C'CIQN 3 CLAUSE
A.
The work to be performed under this contract is on a
direct
• providing
project assisted under a program
Federal financial assistance tance from the Department of
Mousing and Urban Development ment and is subject to the
requirements o f
Section 3 of the Housing and Urban
Development Act of 1968 , as amended, 12 U.S .C. 1701u.
Section 3 requires that to the greatest extent
feasible, opportunities for training and employment be
given to lower income residents of the project area,
and
contracts for work in connection with the project
be awarded to business concerns which are located in,
or owned in substantial part by persons residing in the
area of the project.
B. parties arties to this contract will comply with the
provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban
Development set forth in 24 CFR 135.20, and all
applicable rules and orders of the Department issued
thereunder prior to the execution of this contract.
The parties to this contract certify and agree that
they are under no contractual or other disability which
would prevent them from complying with t1ie=3e
requirements.
c. The contractor will
send to each labor organization or
representative of workers with which he hay a
collective bargainingagreement g ree
ment or other contract or
understanding, if any, a notice •
ice advising the said labor
organization of workers representati•
v
commitments under this Section
3 Clause and stla l of l
phosis t
copies of the Notice in conspicuous places available
to
employees and applicants
for employment or train
ing.
• +
D. The contractor
will include this Section 3 Clause in
every subcontract for work in connection with the
project and
will , at the direction of the applicant for
or recipient of Federal financial assistance, take
appropriate action pursuant ursuant to the subcontract upon a
finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and
Urban Development, 24 CFR 135. 20. The contractor will
p
not subcontract with any subcontractor where it has
notice org
knowledge that the latter has been found in
violation of regulations under 24 CFR 135. 20, and will
not let nay subcontract unless the subcontract has
firstp r_ov ided it with a preliminary statement of
ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3 , the
regulations set forth in 24 CFR 135. 20, and all
applicable rules and orders of the Department issued
thereunder prior to the execution of the contract,
shall be a condition of the Federal financial
assistance provided to the project, binding upon the
applicant or recipient for such assistance, its
successors, and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient,
its contractors and subcontractors, its successors, and
assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal
assistance is provided, and to such sanctions as are
specified by 24 CFR 135. 20.
2
7
i 1
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole
or in part with funds obtained from the Federal Government or
borrowed on the credit of the Federal Government pursuant to a
grant, contract, loan insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, the following equal opportunity
clause:
During the performance of this contract, the contractor agrees as
follows:
1 The contractor will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin. The
contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated
during employment without regard to their race, color,
religion, sex, or national origin. Such action shall
include, but not be limited to the following:
employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. The contractor agrees to post in
conspicuous place, available to employees and
applicants for employment, notices to be provided
setting forth the provision of this nondiscrimination
clause.
(2) The contract will, in all solicitations or
advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants
will receive consideration for employment without
regard to race, color, religion, sex or national
origin.
(3) The contractor will send to each labor union or
representative of workers with which he has a
collective bargaining agreement or other contract or
understanding, a notice to be provided advising the
said labor union or workers' representative of the
contractor's commitments under this section, and shall
post copies of the notice in conspicuous places
available to employees and applicants for employment.
(4 ) The contractor will comply with all provisions of
Executive Order 11246 of September 24 , 1965, and of the
rules, regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24 ,
1965, and by rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by
the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with
the non-discrimination clauses of this contract or with
any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in
•
•
whole or in part and the contractor may be declared
ineligible for further Government contracts or
federally assisted construction contracts in accordance
with procedures authorized in Executive Order 11246 of
September 24 , 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive
Order 11246 of September 24 , 1965, or by rule,
regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) , and the provisions
of paragraphs (1) through (7) in every subcontract or
purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 11246 of September 24 ,
1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such
action with respect to any subcontract or purchase
order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for
non-compliance: Provided, however, that in the eVent a
contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result
of such direction by the administering agency, the
contractor may request the United Stated to enter into
such litigation to protect the interests of the United
States.
The applicant further agrees that it will be bound bythe above
b ve
equal opportunity clause with respect to its own employment
practices when it participates in federally construction
assisted n truction
work: provided that, if the applicant so participating is a State
p g
or local government, the above equal opportunity clause is not
3
4 • /
applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the
contract.
The applicant agrees that it will assist and cooperate actively
with the administering agency and the Secretary of Labor in
obtaining the compliance of contractors and subcontractors with the
equal opportunity clause and the rules, regulations, and relevant
orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as
they may require for the supervision of such compliance, and that
it will otherwise assist the administering agency in the discharge
of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering
into any contract or contract modification subject to Executive
Order 11246 of September 24 , 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon
contractors and subcontractors by the administering agency of the
Secretary of Labor pursuant to Par II, Subpart D of the Executive
Order. In addition, the applicant agrees that if it fails or
refuses to comply with these undertakes, the administering agency
may take any or all of the following actions: cancel, terminate,
suspend in whole or in part this grant (contract, loan, insurance
guarantee) ; refrain from extending any further assistant to the
applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance
has been received from such applicant; and refer the case to the
department of Justice for appropriate legal proceedings.
4
RESOLUTION NO. 93-207ui.
Authorizing and directing the execution •
of an agreement between the City of Miami
Beach and the Miami Beach Deveopment
Corporation, (MBDC) , with a funding
amount of seven hundred forty nine
thousand one hundred sixty eight dollars
($749, 168) of which four hundred sixty
0 thousand ($460,000) is year 18 CDBG funds
and two hundred eighty nine thousand one
"Pm' hundred sixty eight dollars ($289, 168) is
from prior years' carry-over funds, for
Irw provision of a Commercial Revitalization
Program and an affordable housing program. •
•
•
•