Interagency Agreement with MBCDC for FY 2005 CDBG DRI0~~4 - ~6 7 S~' ~~l J SS o a o
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INTERAGENCY AGREEMENT
FOR FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
This Agreement is entered into this /6 day of QG?~~~ , 2009 between the City of
Miami Beach ("City"), a municipal corporation of the State of Florida and Miami Beach
Community Development Corporation, a Florida non-profit corporation ("MBCDC or
Provider").
RECITALS
WHEREAS, following the 2005 hurricanes, which included Hurricane Wilma, the State of
Florida, started providing funding, through the Community Development Block Grant (CDBG)
2005 Hurricane Disaster Recovery Supplement Program, to improve the response to, and
recovery from, hurricanes and to repair rehabilitate, replace harden or otherwise mitigation
damages sustained as result there of; and
WHEREAS, the Florida Department of Community Affairs released a second
supplemental appropriation for Hurricane Disaster Recovery funds to address Hurricane Wilma
damage for multifamily rental housing properties;
WHEREAS, the City submitted an application for funding, on behalf of MBCDC, in the
amount of $415,000 for the Villa Maria project, located at 2800 Collins Avenue, which suffered
damage from Hurricane Wilma; and
WHEREAS, on February 13, 2008, the Mayor and the City Commission approved
Resolution No. 2008-26749, retroactively approving and authorizing the City Manager or his
designee to submit an application to the State of Florida for CDBG 2005 Hurricane Disaster
Recovery Supplemental funding, in an amount not to exceed $415,000 (on behalf of MBCDC,
for the Villa Maria project); and
WHEREAS, the City received funding in the amount of $413,992; and
WHEREAS, on June 3, 2009, the Mayor and the City Commission adopted Resolution
No. 2009-27078, approving additional funding, in the amount of $28,508, in CDBG Disaster
Relief funding for the Villa Project;, bringing the total grant amount to $442,500.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions herein contained, and for other good and valuable consideration each party to the
other given, receipt and sufficiency of which is herby acknowledged, it is mutually covenanted,
promised, and agreed between Provider and the City as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement
and four (4) attachments, all of which are incorporated by reference into this
Agreement:
• Attachment I is a statement of work and contains a description of the
program.
• Attachment II is Budget Summary.
Page 1 of 24
• Attachment III is the guideline for financial of CDBG-funded activities.
• Attachment IV contains applicable federal regulations.
• Attachment V contains applicable certifications.
Section 2. Statement of Work: The Provider agrees to implement the Program as defined
below, in accordance with Attachments I and II.
Villa Maria Apartments Renovations
To rehabilitate the Villa Maria Apartments, located at 2800 Collins Avenue, Miami
Beach, FL, that will provide affordable housing to income-eligible elderly
residents.
Section 3. Agreement Amount: The City agrees to make available FOUR HUNDRED
FORTY-TWO THOUSAND AND FIVE HUNDRED DOLLARS ($442,500) for use
by the Provider to carry out the Program, during the Term of the Agreement.
Section 4. Alterations: Any proposed alterations in the Program including without limitation
the Budget, shall first be submitted to and approved in writing by the City
Manager, said approval at the City Manager's sole judgment and discretion.
Section 5. Method of Payment and Reporting Requirements: The Provider agrees to
submit Program progress reports to the City throughout the term of this
Agreement. Quarterly Reports are due on the following dates: July 5, 2009,
October 5, 2009, and January 5, 2009. The Provider also agrees to submit, on
March 31, 2010, a comprehensive final report covering the agreed-upon Program
objectives, activities, and expenditures during the Term of this Agreement
(including, but not limited to, performance data on client feedback) with respect to
the goals and objectives outlined in Attachment I. Attachment III contains
reporting forms to be used in fulfillment of this requirement. Other reporting
requirements may be required by the City in the event of Program changes; the
need for additional information or documentation arises; and/or legislative
amendments are enacted. The Provider shall be informed, in writing, if any
changes become necessary. Reports and/or requested documentation not
received by the due date shall be considered delinquent and may be considered
by the City, at its sole discretion, as sufficient cause to suspend pending
payments to the Provider, and/or terminate the Agreement for cause, pursuant to
Section 12 herein.
Section 6. Monitoring: The City, at its discretion, shall schedule no less than one (1) annual
on-site monitoring visit with the Provider to evaluate the progress and
performance of the Program. A "desk top" review of the activities may be
conducted in lieu of an on-site visit, if and only if, the Provider has had a
satisfactory on-site review in the previous year, and is not a high risk Provider.
Section 7. Additional Conditions and Compensation - It is expressly understood and
agreed by the parties hereto that monies to be used by Provider for
compensation, as contemplated by this Agreement, originate from grants of
CDBG funds from the U.S. Department of Housing and Urban Development
(HUD) and must be implemented in full compliance with all of HUD's rules and
regulations. It is expressly understood and agreed that in the event of curtailment
Page 2 of 24
or non-production of said federal funds, the financia! sources necessary to
continue to pay the Provider all or any portions of the funds contemplated herein
will not be available, and that this Agreement will thereby terminate effective as of
the time that it is determined by the City, in its sole discretion and judgement, that
said funds are no longer available. In the event of such determination, the
Provider agrees that it will not look to, nor seek to hold liable, the City nor any
individual member of the City Commission and/or City Administration thereof
personally for the performance of this Agreement, and all of the parties hereto
shall be released from further liability each to the other under the terms of this
Agreement.
Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees
to comply with all applicable federal regulations as they may apply to the Program
and to carry out each activity in compliance with the laws and regulations as
described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all State and local (City and Miami-
Dade County) laws and ordinances hereto applicable. It shall be the Provider's
sole and absolute responsibility to continually familiarize itself with any and all
such applicable federal, State, County, and City regulations, laws, and/or
ordinances.
Section 9. Restrictions for Certain Resident Aliens -Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for benefits under covered
activities funded by the CDBG Program. "Benefits" under this section means
financial assistance, public services, jobs and access to new or rehabilitated
housing and other facilities made available under activities funded by the CDBG
Program. "Bene1ts" do not include relocation services and payments to which
displaces are entitled by law.
Section 10. Subcontract: No part of this Agreement may be assigned or subcontracted
without the prior written consent of the City, such consent to be at the City's sole
discretion and judgment.
Section 11. Term: This Agreement shall be deemed to have commenced, retroactively, as of
July 1, 2008, and terminate on March 31, 2010, with the understanding that at the
end of the Term (or other expiration of the Agreement), the City of Miami Beach
City Commission has the sole right and authority to reappropriate any remaining
unused funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated for
convenience and without cause by either party hereto, by written notice to
the other party of such intent to terminate, at least thirty (30) days prior to the
effective date of such termination. In the event of such termination for
convenience by either party, the City shall cease any payments to Provider
for costs resulting from obligations which were not properly incurred before
the effective date of termination. Additionally, Provider shall be solely
responsible for submitting a final report, as provided in Section 5 of the
Agreement, detailing all Program objectives, activities and expenditures up to
Page 3 of 24
the effective date of the termination. Said "final report" shall be due within
five (5) working days following the effective date of the termination. Upon
timely receipt of Provider's "final report", the City, at its sole discretion, shall
determine the amount (if any) of CDBG funds to be returned to the City as a
result of any incomplete Program items and/or items not satisfactorily
performed, and shall provide Provider with written notice of any monies due.
Said monies shall be due immediately and payable upon receipt of such
notice by Provider. Notwithstanding the preceding, the City reserves any and
all legal rights and remedies it may have with regard to recapture of the
CDBG funds herein, or any assets acquired or improved in whole or in part
with said funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the
City may also place the Provider in default of this Agreement, and may
suspend or terminate this Agreement, for cause. "Cause" shall include, but
not be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be
determined by the City in its sole discretion and judgement, in
accordance with the terms of this Agreement, or any federal, State,
County or City regulation, law, and/or ordinance.
b. Submitting reports to the City, which are late, incorrect or incomplete
in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/requested by the
City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined
by the City's monitoring of the Provider, and applicable HUD rules
and regulations.
The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include: (i) actions taken by or to be
taken by the City, such as withholding of payments; (ii) actions to be taken by
the Provider as a condition precedent to clearing the deficiency; and (iii) a
reasonable date for compliance, which shall be no more than fifteen (15)
days from notification date. In the event that Provider fails to correct such
deficiency within the aforestated cure period, this Agreement shall be
considered terminated for cause by the City, without further notice to
Provider, and Provider shall be solely responsible for repayment to the City
of any or all monies disbursed to Provider under this Agreement. Said
monies shall be due immediately and payable upon receipt of notice by
Provider. Notwithstanding the preceding, the City reserves any and all legal
rights and remedies it may have with regard to recapture of the funds herein,
or any assets acquired or improved in whole or in part with said funds.
12.3 Termination for Lack of Funds: In the event of curtailment of, or
regulatory constraints placed on the funds by HUD, this Agreement will
terminate, effective as of the time that it is determined such funds are no
longer available. Costs of the Provider resulting from obligations incurred
Page 4 of 24
after termination are not allowable unless the City expressly authorizes them
in the notice of termination, or subsequent thereto. Other costs during or
after termination which are necessary and not reasonably avoidable are
allowable if, in the sole discretion of the City:
a. The costs resulting from obligations which were properly incurred
before the effective date of suspension or termination, are not in
anticipation of it, and, are noncancelable; and
b. The costs would be aNowable if the award were not terminated or
expired normally at the end of the funding period in which the
termination takes effect.
In the event of termination of the Agreement pursuit to this Section 12.3 the City
may, at its sole discretion, the City may require Provider to transfer any Program
funds and/or assets to the City pursuant to Section 16 herein.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal
employment opportunities as stated in Executive Order 11246, entitled "Equal
Employment Opportunity" as amended by Executive Order 11375, and as
supplemented in Department of Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under
applicable federal regulations) gained from any activity of the Provider and funded
by CDBG funds shall be reported to the City and utilized by the Provider in the
operation of the Program during the Term of this Agreement.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by
religious organizations or on property owned by religious organizations only with
prior written approval from the City and only in accordance with requirements set
in 24 CFR §570.200Q). The Provider shall comply with First Amendment
Church/State principles, as follows:
a. It will not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the
basis of religion and will not limit such services or give preference to persons
on the basis of religion.
c. It will retain its independence from federal, State, and local governments, and
may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that it does not use direct CDBG
funds to support any inherently religious activities, such as worship, religious
instruction, or proselytizing.
d. The funds received under this Agreement shall not be used for the acquisition,
construction, or rehabilitation of structures to the extent that those structures
are used for inherently religious activities. CDBG funds may be used for the
acquisition, construction, or rehabilitation of structures only to the extent that
those structures are used for conducting eligible activities under this part.
Where a structure is used for both eligible and inherently religious activities,
CDBG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
Page 5 of 24
accordance with the cost accounting requirements applicable to CDBG funds
in this part. Sanctuaries, chapels, or other rooms that aCDBG-funded
religious congregation -uses -as its ~ principal. place of .worship, however, are
ineligible for CDBG-funded improvements. Disposition of real property after
the term of the grant, or any change in use of the property during the term of
the grant is subject to government-wide regulations governing real property
disposition (see 24 CFR parts 84 and 85).
Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to
Section 12 herein, or upon expiration of the Agreement, the Provider shall transfer
to the City any funds on hand at the time of termination or expiration and any
account receivable attributable to the use of said funds.
Any real property under the Provider's control that was acquired or improved in
whole or in part with CDBG funds (including CDBG funds provided to the Provider
in the form of a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208
(formerly section 570.901) until five (5) years after expiration of the Term
of this Agreement, or for such longer period of time as determined to be
appropriate by the City, and as memorialized by the City and Provider in
an amendment to this Agreement (or such instrument as the City, at its
discretion, determines appropriate); or
b. If not used in accordance with the above subsection (a), the Provider shall
pay to the City an amount equal to the current market value of the property
less any portion of the value attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the property. No payment
is required after the period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set
forth by HUD for the administration and implementation of the Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard,
the Provider agrees that duly authorized representatives of HUD shall have
access to any books, documents, papers and records of the Provider that are
directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts and transcriptions. The Provider shall comply with the
requirements and standards of OMB Circular No. A-122; "Cost Principles for Non-
profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational
Institutions" as applicable. The Provider shall comply with the following provisions
of the Uniform Administrative requirements of OMB Circular A-110 (implemented
at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations") or the related CDBG provision, as specified in this paragraph:
a. Subpart A - "General' ;
b. Subpart B - "Pre-Award Requirements", except for, 84.12, "Forms for
Applying for Federal Assistance";
Page 6 of 24
c.
Subpart C - "Post-Award Requirements", except for:
(1) Section 84,22, "Payment Requirements". - Grantees shall follow the
standards of , 85.20(b)(7) and 85.21 in making payments to sub-
recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of, 84.24, CDBG sub-
recipients shall follow 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 84.32, CDBG sub-recipients
shall follow 570.505;
(6) Section 84.34(8), "Equipment" - In lieu of the disposition provisions of
84.34(8), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be
program income (pro-rated to reflect the extent to which CDBG
funds were used to acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities
shall be transferred to the recipient for the CDBG program or shall
be retained after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), ."Monitoring and
Reporting Program Performance";
(8) Section 84.52, "Financial Reporting' ;
(9) Section 84.53(b), "Retention and access requirements for records".
Section 84.53(b) applies with the following exceptions:
a. The retention period referenced in , 84.53(b) pertaining to
individual CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the
annual performance and evaluation report, as prescribed in 24
CFR 91.520, in which the specific activity is reported on for the
final time rather than from the date of submission of the final
expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of, 84.61,
CDBG subrecipients shall comply with 570.503(b)(7); and
d.
Subpart D - "After-the-Award Requirements" - except for , 84.71,
"Closeout Procedures".
Page 7 of 24
Section 18. Publicity, Advertisement and Signage: The Provider agrees that all notices,
informational pamphlets, press releases, advertisements, descriptions of the
sponsorship of the Program, research reports, and similar public notices prepared
and released by the Provider for, on behalf of, and/or about the Program,
recognizes the Miami-Dade Office of Community and Economic Development
Block Grant Program (OCED).
Section 19. Examination of Records: The Provider shall maintain sufficient records in
accordance with 24 CFR 570.502 and 570.506 to determine compliance with the
requirements of this Agreement, the CDBG Program, and all applicable laws and
regulations. This documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and
properly reflect all revenues and expenditures of funds provided directly or
indirectly by this Agreement, including matching funds and Program
income. These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions
of this Agreement.
b. Time sheets for split-funded employees, which work on more than one
activity, in order to record the CDBG activity delivery cost by Program and
the non-CDBG related charges.
c. How the Statutory National Objective(s), as defined in 24 CFR 570.208,
and the eligibility requirement(s) under which funding has been received,
have been met. These also include special requirements such as
necessary and appropriate determinations as defined in 24 CFR 570.209,
income certifications, and written Agreements with beneficiaries, where
applicable.
The Provider is solely responsible for maintaining and storing all records pertinent
to this Agreement in an orderly fashion in a readily accessible, permanent and
secured location for a period of four (4) years after expiration of this Agreement,
with the following exception: if any litigation, claim or audit is started before the
expiration date of the four year period, the records will be maintained until all
litigation, claims or audit findings involving these records are resolved. The City
shall be informed in writing after closeout of this Agreement, of the address where
the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often
as City and/or federal government representatives may deem necessary, the
Provider shall make available all records, documentation, and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days
after the end of the Provider's fiscal year. The Provider shall comply with the
requirements and standards of OMB A-133, "Audits of Institutions of High
Education and Other Non-Profit Institutions" (as set forth- in 24 CFR Part 45), or
OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24
Page 8 of 24
CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of
an audit report, the City reserves the right to recover any disallowed costs
identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and
hold harmless the City, its officers, employees and agents, from any and all
claims, liability, losses and causes of action which may arise out of an act,
omission, negligence or misconduct on the part of the Provider or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients,
licensees or invitees pursuant to this Agreement and/or the Program. The
Provider shall pay all claims and losses of any nature whatsoever in connection
therewith and shall defend all suits in the name of the City, when applicable, and
shall pay all costs (including attorney's fees) and judgements which may issue
thereon. This Indemnification shall survive the termination and/or expiration of
term of this Agreement.
The Provider shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and
the City's Risk Manager has approved such insurance. In the event evidence of
such insurance is not forwarded to the City's Risk Manager within thirty (30) days
after the execution of this Agreement, this Agreement shall become null and void
and the City shall have no obligation under the terms thereof unless a written
extension of this thirty (30) day requirement is secured from the City
Administration.
The Provider shall maintain and carry in full force during the Term of this
Agreement and/or throughout the duration of the Program contemplated herein,
whichever is longer, the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $1,000,000 single limit. The policy must include
coverage for contractual liability to cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to
Florida Statute.
c. Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the
performance of the Agreement. Limits for such coverage shall be in the
amount of $500,000.
d. The City of Miami Beach shall be named as an additional insured under all
such insurance contracts and City of Miami Beach Resolution No. 2007-
26585 shall be referenced in the certificate.
e. Thirty- (30) day written notice of cancellation or substantial modification of
the insurance coverage must be given to the City's Risk Manager by the
Provider and his/her insurance company.
f. The insurance must be furnished by insurance companies authorized to
do business in the State of Florida, and approved by the City's Risk
Manager. The companies must be rated no less than "B+" as to
management, and not less than "Class VI" as to strength by the latest
edition of Best's Insurance Guide, published by A:M. Best Company,
Page 9 of 24
Oldwick, New Jersey, or its equivalent, subject to the approval of the City's
Risk Manager.
g. Original Certificates of Insurance for the above ~ coverage must be
submitted to the City's Risk Manager for approval prior to any work
commencing. These certificates will be kept on file in the Office of the
Risk Manager, Third Floor City Hall.
All insurance required by this section of the Agreement shall be and remain in. full
force and effect for the entire term of the Agreement and/or throughout the
duration of the Program, whichever is greater, and each certificate or policy shall
carry the provision that the insurance shall not terminate, lapse or otherwise
expire, prior to thirty (30) days written notice to that effect, given by the insurance
carrier to the City, and that the insurance carrier will not invoke the defense of
performance of a governmental function by the Provider in performing this
contract.
Compliance with the foregoing requirements shall not relieve the Provider of the
liabilities and obligations under this Section or under any other portion of this
Agreement. The City shall have the right to obtain from the Provider specimen
copies of the insurance policies, in -the event that submitted Certificates of
Insurance are inadequate to ascertain compliance with required coverage. All of
Provider's certificates, above, shall contain endorsements providing that written
notice shall be given to the City at least thirty (30) days prior to termination,
cancellation or reduction in coverage of the policy.
Section 22. 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 persona! 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 Federal, State, County and City of
Miami Beach statutes, regulations, ordinances or resolutions governing conflicts
of interest. The Provider shall disclose, in writing, to the City any possible
conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such
possible conflict. The City will then render an opinion, which shall be binding on
both parties.
Section 23. Venue: This Agreement shall be governed by, and construed in accordance with,
the laws of the State of Florida, both substantive and remedial, without regard to
principles of conflict of laws. The exclusive venue for any litigation arising out of
this Agreement shall be Miami-Dade County, Florida, if in state court, and the
U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, CITY AND PROVIDER EXPRESSLY WAIVE ANY
RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
Page 10 of 24
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at
the following address:
City: Anna Parekh, Director
Office of Real Estate, Housing and Community
Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Roberto Datorre, President
Miami Beach Community Development Corporation
945 Pennsylvania Avenue
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so
doing the City can place a limit on City's liability for any cause of action for money
damages due to an alleged breach by the City of this Agreement, so that its
liability for any such breach never exceeds the sum of $10,000. Provider hereby
expresses its willingness to enter into this Agreement with Provider's recovery
from the City for any damage action for breach of contract to be limited to a
maximum amount of $10,000, less the amount of all funds actually paid by the
City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, which amount shall be reduced by
the amount of the funding actually paid by the City to Provider pursuant to this
Agreement, for any action or claim for breach of contract arising out of the
performance or nonperformance of any obligations imposed upon the City by this
Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 11 of 24
In witness thereof, the parties hereto have executed or caused to be executed by their
duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an
original on the date first above written.
ATTEST:
~~
CITY CLERK
CITY OF MIAMI BEACH, FLORIDA
ore . Go z ez, Ci Ma r
ATTEST:
SEC RY/S NAT E
~ni S IZvSS ~ l~SS. ~.CY~~~
PRINT NAME AND TITLE
MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
AUT RY
Roberto Datorre. President
NAME AND TITLE OF AUTHORIZED
SIGNATORY
APPROVED AS TO
FORM & LANGUAGE
-$ FQA EX~G'UTiON
,s':,
' 8 l0 09
F:\RHCD\$ALL\HSG-CDVINNETTE\MBCDC\Villa Maria\Disaster Recovery.lnitiative DRI\Interagency Agreement City and MBCDC.doc
Page 12 of 24
ATTACHMENT I
PROGRAM SCOPE OF SERVICES
Miami Beach Community Development Corporation
Scope of Services /Program Description
1. Address of Project: 2800 Collins Avenue
Miami Beach, FL 33139
2. Building and Site Characteristics:
The Villa Maria Apartments building was acquired by MBCDC, the City's certified
CHDO, with HOME funds and, once rehabilitated, it will provide 34 rental units for
income-eligible elderly tenants.
3. Proposed Element of Construction:
1. Structural Shoring
2. Gunite Restoration
3. Structural Steel
4. Roof
ATTACHMENT II
Page 13 of 24
BUDGET
Page 14 of 24
MBCDC: VILLA MARIA APARTMENTS LLC -LINE ITEM BUDGET
BUDGET OCED/HOME OCED/SURTAX OCED/CDBG OTHER SOURCES
SOURCES 8,418,729.01 1,215,000.00 1,000,000.00 442,500.00 5,761,229.01
USES
AC UISI7ION
Purchase Price 2,600,000.00 0.00 0.00 0.00 2,600,000.00
2,600,000.00 0.00 0.00 0.00 2,600,000.00
SOFT COSTS
Construction Interest 315,426.00 0.00 0.00 0.00 315,426.00
Construction Loan Orl In. Cost 10,000.00 0.00 0.00 0.00 10,000.00
Permanent Loan on in. Cost 10,000.00 0.00 0.00 0.00 10,000.00
Lender Reserves 5,000.00 0.00 0.00 0.00 5,000.00
Accountlng 2,000.00 0.00 0.00 0.00 2,000.00
sisal 6,000.00 0.00 0.00 0.00 6,000.00
Architectural Desi n 175,000.00 0.00 0.00 0.00 175,000.00
Architecturel Su rvlsion 25,000.00 0.00 0.00 0.00 25,000.00
Builder's Risk Insurence 20,000.00 0.00 0.00 0.00 20,000.00
Buildin rmit 14,000.00 0.00 0.00 0.00 14,000.00
Gosin Cost A uisltlon 35,075.00 0.00 0.00 0.00 35,075.00
Closin Costs Permanent Loan 20,000.00 0.00 0.00 0.00 20,000.00
En Ineerln Fee 17,262.00 0.00 0.00 0.00 17,262.00
Environmental Phase 1 20,000.00 0.00 0.00 0.00 20,000.00
FHFC Admin Fee 17,000.00 0.00 0.00 0.00 17,000.00
FHFC A licetlon Fee 1,000.00 0.00 0.00 0.00 1,000.00
FHFC Com liance Fee 1,796.00 0.00 0.00 0.00 1 7%.00
FHFC Underwritln Fee 10,383.00 0.00 0.00 0.00 10,383.00
Inspectlon Fee 8,000.00 0.00 0.00 0.00 8,000.00
Insurance 52,000.00 0.00 0.00 0.00 52,000.00
al Fees 13,055.00 0.00 0.00 0.00 13,055.00
Market Stu 6,000.00 0.00 0.00 0.00 6,000.00
Marketin /Advertlsin 4,000.00 0.00 0.00 0.00 4,000.00
Pro Tax 50,282.00 0.00 0.00 0.00 50,282.00
Soil Test Re rt 2,000.00 0.00 0.00 0.00 2,000.00
Surv 8,050.00 0.00 0.00 0.00 8,050.00
Title Insurence 20,000.00 0.00 0.00 0.00 20,000.00
Utlli Connectlon Fee 10,000.00 0.00 0.00 0.00 10,000.00
Relocation 50,000.00 0.00 0.00 0.00 50,000.00
TOTAL SOFT COSTS 928,329.00 0.00 0.00 0.00 928,329.00
HARD COSTS
GENERAL COND. SUPERINTENDENT 75,000.00 25,000.00 25,000.00 0.00 25,000.00
GENERAL COND. PROJECT MANAGER 60,000.00 20,000.00 20,000.00 0.00 20,000.00
GENERAL LABOR 21,500.00 0.00 0.00 0.00 21,500.00
TELEPHONE 2,880.00 0.00 0.00 0.00 2,880.00
TEMPORARY POWER / UTILTRES 1,200.00 0.00 0.00 0.00 1,200.00
SMALL TOOLS 5,250.00 0.00 0.00 0.00 5,250.00
WATER & ICE 600.00 0.00 0.00 0.00 600.00
MOBILIZATION 8< SET UP 1,500.00 0.00 0.00 0.00 1,500.00
TRUCK & AUTO ALLOWANCE 4,800.00 0.00 0.00 0.00 4,800.00
GAS, OIL & TOLL ALLOWANCE 2,700.00 0.00 0.00 0.00 2,700.00
BLUE PRINTS REPRODUCTIONS 1,250.00 0.00 0.00 0.00 1,250.00
CLEANING FINAL CLEANING 12,500.00 0.00 0.00 0.00 12 500.00
DUMPSTERS 18,000.00 0.00 0.00 0.00 18,000.00
UALITY CONTROL PUNCH LIST 3,500.00 0.00 0.00 0.00 3,500.00
TEMPORARY TOILETS 1,650.00 0.00 0.00 0.00 1,650.00
THRESHOLD INSPECTOR 1,700.00 0.00 0.00 0.00 1,700.00
MATERIAL TESTING 1,800.00 0.00 0.00 0.00 1,800.00
IOBSITE SIGN 375.00 0.00 0.00 0.00 375.00
MAIN OFFICE COURIER SERVICE 250.00 0.00 0.00 0.00 250.00
OSHA RE UIEREMENTS 3,275.00 0.00 0.00 0.00 3,275.00
SELECTIVE DEMOLITION 69,250.00 0.00 0.00 0.00 69,250.00
CLEAR AND GRUB 4,500.00 0.00 0.00 0.00 4,500.00
WELL POINT INJECTION WELL) 22,000.00 0.00 0.00 0.00 22,000.00
FINAL GRADING 1,750.00 0.00 0.00 0.00 1,750.00
COMPACTION & SOIL DENSITY TEST 850.00 0.00 0.00 0.00 850.00
TERMITE CONTROL SOIL PREP 750.00 0.00 0.00 0.00 750.00
CONCRETE PAVERS 1,575.00 0.00 0.00 0.00 1,575.00
WATER FIRE LINE 15,500.00 0.00 0.00 0.00 15 500.00
WATER NEW 2" SERVICE 6,750.00 0.00 0.00 0.00 6,750.00
FENCES & GATES 4,800.00 0.00 0.00 0.00 4,800.00
IRRIGATION 5,000.00 0.00 0.00 0.00 5,000.00
LANDSCAPING 10,000.00 0.00 0.00 0.00 10,000.00
SHORING PLANS SIGN & SEAL 1,450.00 0.00 0.00 0.00 1,450.00
STRUCTURAL SHORING 15,500.00 0.00 0.00 15,500.00 0.00
CONCRETE/MASONRY/DEMISING WALL 409,850.00 292,992.50 0.00 0.00 116,857.50
PRECAST CONCRETE 2,750.00 0.00 0.00 0.00 2,750.00
GUNITE RESTORATION 310,000.00 0.00 0.00 310,000.00 0.00
CONCRETE FLOORING GYPCRETE 35,875.00 0.00 0.00 0.00 35,875.00
STRUCTURAL STEEL 156,780.00 0.00 0.00 33,125.00 123,655.00
MISCELANEOUS STEEL GUARDRAILS 9,250.00 0.00 0.00 0.00 9,250.00
RAILINGS 54,650.00 0.00 0.00 0.00 54,650.00
MISCELLANEOUS WELDING 5,500.00 0.00 0.00 0.00 5,500.00
ROUGH CARPENTRY 106,850.00 0.00 54,842.50 0.00 52,007.50
TRIM CARPENTRY 24 500.00 0.00 24,500.00 0.00 0.00
CABINETRY / VANITIES 76,990.00 0.00 48,829.01 0.00 28,160.99
WATERPROOFING CAULlQNG 6,600.00 0.00 6,600.00 0.00 0.00
EXTERIOR WALL INSULATION R-5 5,820.00 0.00 0.00 0.00 5,820.00
ROOFING 83,875.00 0.00 0.00 83,875.00 0.00
METAL DOORS & FRAMES 39,120.00 0.00 39,120.00 0.00 0.00
WOOD DOORS & FRAMES 29,680.00 10,699.26 18,980.74 0.00 0.00
ENTRANCE DOORS 13,750.00 13,750.00 0.00 0.00 0.00
WINDOWS 224,650.00 0.00 224,650.00 0.00 0.00
WINDOW PREPARATION 5,250.00 0.00 0.00 0.00 5 250.00
HARDWARE 24,845.00 24,845.00 0.00 0.00 0.00
MIRRORS /MEDICINE CABINETS 4,255.00 4,255.00 0.00 0.00 0.00
STUCCO & MOLDINGS 83,300.00 41,650.00 41,650.00 0.00 0.00
GYPSUM WALLBOARD SYSTEMS 198,850.00 0.00 0.00 0.00 198,850.00
FIRE RATING 10 000.00 10,000.00 0.00 0.00 0.00
CERAMIC TILE AT BATHROOMS 34,776.45 34,776.45 0.00 0.00 0.00
UARRY TILE AT COMMON AREAS 22,700.00 22,700.00 0.00 0.00 0.00
CERAMIC TILE AT LMNG AREAS 65 190.00 32,595.00 32,595.00 0.00 0.00
SOUND PROOFING 16,675.00 0.00 16,675.00 0.00 0.00
RUBBER STAIR TREADS 10,950.00 10,950.00 0.00 0.00 0.00
INSULATION R-19 7,330.00 0.00 0.00 0.00 7,330.00
WINDOW SILLS 850.00 850.00 0.00 0.00 0.00
VINYL TILE 950.00 950.00 0.00 0.00 0.00
BASEBOARDS 6,990.00 6,990.00 0.00 0.00 0.00
PAINTING 62,585.00 62,585.00 0.00 0.00 0.00
SIGNAGE BULLETIN BOARD 475.00 475.00 0.00 0.00 0.00
WALL LOWERS 785.00 785.00 0.00 0.00 0.00
FIREPLACE SPECIALTIES & ACC. 1,850.00 1,850.00 0.00 0.00 0.00
SIGNAGE 3,650.00 3,650.00 0.00 0.00 0.00
MAILBOXES 2,350.00 2,350.00 0.00 0.00 0.00
CLOSET WIRE SHELVING 3,750.00 3,750.00 0.00 0.00 0.00
TOILET ACCES. ADA BATHROOMS 4,176.25 4 176.25 0.00 0.00 0.00
TOILET ACCES. (STANDARD 4 966.79 4,966.79 0.00 0.00 0.00
RENTAL E UIPMENT 3,750.00 0.00 0.00 0.00 3,750.00
KITCHEN APPLIANCES 69,925.00 69,925.00 0.00 0.00 0.00
ELEVATOR 57,669.00 30,000.00 0.00 0.00 27,869.00
FIRE PROTECTION /SPRINKLERS 64 650.00 0.00 0.00 0.00 64,650.00
PLUMBING 234 800.00 78,266.67 78,266.67 0.00 78,266.67
FIRE EXTINGUISHERS 2,470.00 2,470.00 0.00 0.00 0.00
H/VAC 143 750.00 47,916.67 47,916.67 0.00 47,916.67
ELECTRICAL 246,555.00 82,185.00 82,185.00 0.00 82,185.00
FIRE ALARM SYSTEM 41,956.00 41,956.00 0.00 0.00 0.00
LIABILITY INSURANCE 4,273.90 1,424.63 1,424.63 0.00 1,424.63
CONTRACTOR'S OVERHEAD 239,338.36 79,779.45 79,779.45 0.00 79,779.45
CONTRACTOR'S FEE 170 955.98 56,985.33 56,985.33 0.00 56,985.33
TOTAL HARD COSTS 3,833,687.73 1,128,500.00 900,000.00 442,500.00 1 362,687.74
Contingen 297,727.27 0.00 0.00 0.00 297,727.27
Develo r Fees 758 985.00 121,500.00 100,000.00 0.00 537,485.00
TOTAL DEVELOPMENT CO5T5
TOTALS /SOURCE 8,418,729.00
1,250,000.00
1,000,000.00
442,500.00
5,726,229.00
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financial management system
that provides accurate, current and complete disclosure of the financial status of the activity.
This means the financial system must be capable of generating regular financial status reports
which indicate the dollar amount allocated for each activity (including any budget revisions),
amount obligated (i.e., for which contract exists), and the amount expended for each activity.
The system must permit the comparison of actual expenditures and revenues against budgeted
amounts. The City must be able to isolate and to trace every CDBG dollar received and prove
where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating
agency, which is not a City department or bureau, in order to determine whether or not it meets
all of the above requirements. If the agency's system does not meet these requirements and
modifications are not possible, the City must administer the CDBG funds for the operating
agency.
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include the
following items:
Salaries (should be supported by proper documentation in personnel files of hire date,
position, duties, compensation, raises with effective date, termination date, and similar type
information. Non-exempt employees are required by law to complete a timesheet showing
number of hours they worked during the day. All employees paid in whole or in part from
CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for
each pay period. Based on these time sheets and the hourly payroll costs for each
employee, a voucher statement indicating the distribution of payroll charges should be
prepared and placed in the appropriate files.)
• Employee Benefits (should be supported by personnel policies and procedures manual,
describing the types of benefits, eligibility and other relevant information.)
• Professional Services (should be supported by a complete and signed copy of the contract
between the organization and the independent contractor, describing at the minimum, period
of service, type of service and method for payments, in addition to the invoice from the
private contractor.)
• Purchases (at a minimum, purchases should be supported by a purchase order, packing list
and vendor invoice. Credit card statements, travel itineraries, vendor statements, and
similar items do not represent support for an expense.)
RECORDS
Page 15 of 24
Accounting records must be supported by source documentation. Invoices, bills of lading,
purchase vouchers, payrolls and the like must be secured and retained for four years in order to
show for what
purpose funds were spent. Payments should not be made without invoices and vouchers
physically in hand. All vouchersJinvoices should be on vendor's letterhead. Financial records
are to be retained for a period of four years, with access guaranteed to the City, to HUD or
Treasury officials or their representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and
local governments that receive Federal funding fall under the revised OMB Circular A-133,
Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that
expend $300,000 or more in a year in Federal awards must have a single or program-specific
audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the
City immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form
SF-SAC) and reporting package upon completion of the annual audit in accordance with OMB
Circular A-133. The deadline for this submission is the earlier of the 30 days after receipt of the
auditor's report(s), or nine months after the end of the audit period, unless a longer period is
agreed to in advance by the cognizant or oversight agency for the audit. Address for
submission is:
The Federal Audit Clearinghouse
1201 E. 10~' Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac _census.aov
Web: http://harvester.census.gov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted
utilizing the enclosed financial status, client profile, and narrative report forms, in a format
consistent with the approved budget as shown in Attachment II, including an analysis of
expenses to budget. A cash advance may be available upon special request. All requests must
be submitted to:
Anna Parekh, Director
Office of Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Page 16 of 24
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin,
religion or sex be excluded, denied benefits or subjected to discrimination under any
program funded in whole or in part by CDBG funds. The Provider must take measures
to ensure non-discriminatory treatment, outreach and access to program resources.
This applies to employment and contracting, as well as to marketing and selection of
program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity. They are summarized
below:
Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et sea.): States
that no person may be excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity receiving Federal financial
assistance on the basis of race, color or national origin. The regulations
implementing the Title VI Civil Rights Act provisions for HUD programs may be found
in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620: Prohibits discrimination in the sale or
rental of housing, the financing of housing or the provision of brokerage services
against any person on the basis of race, color, religion, sex, national origin, handicap
of familial status. Fair Housing Act implementing regulations may be found in 24
CFR Part 100-115.
• Eaual Opportunity in Housing (Executive Order 11063. as amended by Executive
Order 12259): Prohibits discrimination against individuals on the basis of race, color,
religion, sex or national origin in the sale, rental, leasing or other disposition of
residential property, or in the use or occupancy of housing assisted with Federal
funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 107.
• Aae Discrimination Act of 1975. As Amended (42 USC 6101): Prohibits age
discrimination in programs receiving Federal financial assistance. Age
Discrimination Act regulations may be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing_and Community Development Act of 1974:.
Requires that no person shall be excluded from participation in, denied the benefits
of, or be subjected to discrimination under any program or activity funded with CDBG
funds on the basis of race, color, religion, national origin or sex.
Affirmativ® Marketing
The Provider must adopt affirmative marketing procedures and requirements for all
CDBG-assisted housing with five or more units. Requirements and procedures must
include:
• Methods for informing the public, owners and potential tenants about fair housing
laws and the Provider's policies (for example: use of the Fair Housing logo or equal
opportunity language);
Page 17 of 24
• A description of what owners and/or the Provider will do to affirmatively market
housing assisted with CDBG funds;
• A description of what owners and/or the Provider will do to inform persons not likely
to apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-
assisted units and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be
taken where requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations
governing the accessibility of Federally assisted buildings, facilities and programs.
• Americans with Disabilities Act (42 USC 12131:47 USC 155. 201. 218 and 22~:
Provides comprehensive civil rights to individuals with disabilities in the areas of
employment, public accommodations, state and local government services and
telecommunications. The Act, also referred to as the ADA, also states that
discrimination includes the failure to design and construct facilities (built for first
occupancy after January 26, 1993) that are accessible to and usable by persons with
disabilities. The ADA also requires the removal of architectural and communication
barriers that are structural in nature in existing facilities. Removal must be readily
achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
• Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC
3601-19)
• Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes
requirements to ensure that "qualified individuals with handicaps" have access to
programs and activities that receive Federal funds. Under Section 504, recipients
and subrecipients are not required to take actions that create unique financial and
administrative burdens or after the fundamental nature of the program. For any
Provider principally involved in housing or social services, all of the activities of the
agency -not only those directly receiving Federal assistance -are covered under
Section 504. Contractors or vendors are subject to Section 504 requirements only in
the work they do on behalf of the Provider or the City. The ultimate beneficiary of the
Federal assistance is not subject to Section 504 requirements.
• The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain
Federal and Federally-funded buildings and other facilities to be designed,
constructed or altered in accordance with standards that ensure accessibility to, and
use by, physically handicapped people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and
contracting opportunities. These concern equal opportunity, labor requirements and
contracting/procurement procedures.
Page 18 of 24
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity
for employment and contracting:
• Eaual Employment Opportunity, Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race,
color, religion, sex or national origin. Provisions to effectuate this prohibition must be
included in all construction contracts exceeding $10,000. Implementing regulations
may be found at 41 CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the
greatest extent feasible, opportunities for training and employment arising from
CDBG funds will be provided to low-income persons residing in the program service
area. Also, to the greatest extent feasible, contracts for work (all types) to be
performed in connection with CDBG will be awarded to business concerns that are
located in or owned by persons residing in the program service area.
• Minorit rL/Women's Business Enterprise: Under Executive Orders 11625, 12432 and
12138, the City and the Provider must prescribe procedures acceptable to HUD for a
minority outreach program to ensure the inclusion, to the maximum extent possible,
of minorities and women, and entities owned by minorities and women, in all
contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the
case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every
contract for construction (in the case of residential construction, projects with eight or
more units) triggers the requirements.
Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and
laborers employed in construction work under Federally-assisted contracts are paid
wages and fringe benefits equal to those that prevail in the locality where the work is
performed. This act also provides for the withholding of funds to ensure compliance,
and excludes from the wage requirements apprentices enrolled in bona fide
apprenticeship programs.
• Contract Work Hours and Safety Standards Act as amended ~(40 USC 327-333):
Provides that mechanics and laborers employed on Federally-assisted construction
jobs are paid time and one-half for work in excess of 40 hours per week, and
provides for the payment of liquidated damages where violations occur. This act
also addresses safe and healthy working conditions.
• Copeland (Anti-Kickback) Act (40 USC 276c~: Governs the deductions from
paychecks that are allowable. Makes it a criminal offense to induce anyone
employed on a Federally assisted project to relinquish any compensation to which
he/she is entitled, and requires all contractors to submit weekly payrolls and
statements of compliance.
• Fair Labor Standards Act of 1938. As Amended (29 USC 201 et sego: Establishes
the basic minimum wage for all work and requires the payment of overtime at the
rate of at least time and one-half. It also requires the payment of wages for the
entire time that an employee is required or permitted to work, and establishes child
labor standards.
Page 19 of 24
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City
and the Provider must take measures to avoid hiring.debarred or suspended contractors
or subrecipients and conflict-of-interest situations. Each is briefly discussed below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For
non-profit organizations receiving CDBG funds, the procurement requirements at 24
CFR Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state
recipients and subrecipients (the Provider) to comply with two different sets of
conflict-of-interest provisions. The first set of provisions comes from 24 CFR Parts
84 and 85. The second, which applies only in cases not covered by 24 CFR Parts
84 and 85, is set forth in the CDBG regulations. Both sets of requirements are
discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of
property and services by grantees (the City), state recipients, and subrecipients
(the Provider). These regulations require the City and the Provider to maintain
written standards governing the performance of their employees engaged in
awarding and administering contracts. At a minimum, these standards must:
- Require that no employee, officer, agent of the City or the Provider shall
participate in the selection, award or administration of a contract supported by
CDBG if aconflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not
accept gratuities, favors or anything of monetary value from contractors,
potential contractors or parties to subagreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in
a firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or
officer of the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in
cases not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover
employees, agents, consultants, officers and elected or appointed officials of the
grantee (the City), state recipient or subrecipient (the Provider). The regulations
state that no person covered who exercises or has exercised any functions or
responsibilities with respect to CDBG activities or who is in a position to
participate in decisions or gain inside information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or
for persons .with. business or family ties.
Page 20 of 24
This requirement applies to covered persons during their tenure and for one year
after leaving the grantee (the City), the state recipient or subrecipient (the
Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by
HUD on a case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure
has been made public; and
- Provided a legal opinion from the City stating that there would be no violation
of state or local law if the exception were granted.
• Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be
used to directly or indirectly employ, award contracts to or otherwise engage the
services of any contractor or subrecipient during any period of debarment,
suspension or placement of ineligibility status. The City should check all contractors,
subcontractors, lower-tier contractors or subrecipients against the Federal
publication that lists debarred, suspended and ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and
Requests for Release of Funds (RROF) submitted to HUD before CDBG funds are
committed for non-exempt activities. Private citizens and organizations may object to
the release of funds for CDBG projects on certain procedural grounds relating to
environmental review (see 24 CFR 58.70 - 58.77). To avoid challenges, grantees (the
City) and subrecipients (the Provider) should be diligent about meeting procedural
requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106: Requires that
CDBG funds shall not be provided to an area that has been identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazard, unless: The
community is participating in the National Flood Insurance Program, or it has been less
than a year since the community was designated as having special flood hazards; and
Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of
Lead-Based Paint Hazards in Federally Owned Residential Property and Housing
Receiving Federal Assistance; Final Rule" was published within title 24 of the Code of
Federal Regulations as part 35 (24 CFR 35). The regulation was issued under sections
1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
which is Title X (ten) of the Housing and Community Development Act of 1992. Sections
1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of
1971, which is the basic law covering lead-based paint in federally associated housing.
Page 21 of 24
The regulation sets hazard reduction requirements that give much greater emphasis to
reducing lead in house dust. Scientific research has found that exposure to lead in dust
is the most common way young children become lead poisoned. Therefore, the new
regulation requires dust testing after paint is disturbed to make sure the home is lead-
safe. Specific requirements depend on whether the housing is being disposed of or
assisted by the federal government, and also on the type and amount of financial
assistance, the age of the structure, and whether the dwelling is rental or owner
occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
• Housing built since January 1, 1978, when lead paint was banned for residential use
• Housing exclusively for the elderly or people with disabilities, unless a child under
age 6 is expected to reside there
• Zero-bedroom dwellings, including efficiency apartments, single-room occupancy
housing, dormitories or military barracks
• Property that has been found to be free of lead-based paint by a certified lead-based
paint inspector
• Property where all lead-based paint has been removed
• Unoccupied housing that will remain vacant until demolished
• Non-Residential property
• Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
• Federally-Owned housing being sold
• Housing receiving a federal subsidy that is associated with the property, rather than
with the occupants (project-based assistance)
• Public housing
• Housing occupied by a family (with a child) receiving tenant-based subsidy (such as
a voucher or certificate)
• Multifamily housing for which mortgage insurance is being sought
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and
other special needs
If you want copies of the regulation or have general questions, you can call the National
Lead Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing
impaired. You can also download the regulation and other educational materials at
http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD
at (202) 755-1785, ext. 104, ore-mail HUD at lead reaulationst~hud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with
CDBG funds may trigger section 104 (d) (also known as the "Barney Frank Amendment"
requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds
from the City of Miami Beach comply with the primary National Objective, "Benefit to Low
and Moderate Income Persons" and will provide services or activities that benefit at least
51 % low and moderate income persons. A low or moderate-income household is
Page 22 of 24
defined as: a household having an income equal to, or less than, the limits cited below.
Individuals who are unrelated but are sharing the same household shall each be
considered as one-person households.
Low and Moderate Household Income Limits (Effective 03/20/2008) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median
Income), Very Low-Income (50 % of Median Income), Extremely Low (30% of Median
Income), Median Family Income FY 2008: $49,200)
Household Size Extremely Low
30% of Median Very Low-Income
50% of Median Low-Income
80% of Median
1 Person $12,650 $21,100 $33,800
2 Person $14,500 $24,100 $38,600
3 Person $16,300 $27,150 $43,450
4 Person $18,100 $30,150 $48,250
5 Person $19,550 $32,550 $52,100
6 Person $21,000 $34,950 $55,950
7 Person $22,450 $37,400 $59,850
8 Person $23,900 $39,800 $63,700
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4, 002 53.40
41.01-3 810 1,511 53.61
42 10, 042 13, 736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1, 768 2,307 76.64
TOTAL 33,183 45,587 73% UM
NORTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
39.01-1 603 1, 036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 ~ 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% UM
Page 23 of 24
ATTACHMENT V
CERTIFICATIONS
Page 24 of 24
CERTIFICATION OF CDBG-FUNDED
CONSTRUCTION/REHABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the
following federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved
by the city's departments of Planning, Neighborhood Services, Public Works, Building,
Code Compliance, and Fire. If the project is located in the Miami Beach Architectural
District, or affects a building listed or eligible for listing on the National Register of Historic
Places, all plans and specifications must be approved by the State Historic Preservation
Office (SHPO), in accordance with the Memorandum of Understanding between the SHPO
and the City.
B. The City shall not be obligated to pay any funds to the project prior to the completion by
the City of an environmental review of the project, and said review is approved by any
government agencies as may be required by law.
C. The Provider will assure all wages paid to construction workers by it or ifs subcontractors
are in compliance with federal, state and local labor requirements. The Provider agrees to
include in the construction bid specifications in connection with this agreement the
applicable Federal Wage Determination assigned to this project by HUD. The Provider
must also inform his contractor/subcontractors that they will be required to submit
documents after acity-conducted pre-construction conference and prior to construction.
Weekly and/or monthly reports must be submitted thereafter, as required by the federal
government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the
federal Office of Management and Budget (OMB) Circular Number A-102 Attachment E for
programs`funded iri wJhole or in part by' CDBG funds; 'with' federal OMB Circular A-102
Attachment O for the procurement of supplies, equipment, construction and services; and
with Federal Management Circular A-87; or any other applicable OMB circular.
E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be
denied the benefits of the program on the grounds of race, color, sex, religion or national
origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and
subcontractors, to take affirmative action in attempting to employ low income and minority
persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055,
professional services must be competitively selected. The competitive selection process
must include a public advertisement; issuance of a request for proposal and a competitive
review based on uniform criteria. Selection criteria must consider the basic qualifications,
professional competence, experience and suitability of each firm. Fees for professional
services must be requested as a fixed sum and not stated as a percentage of construction
costs.
H. All documents, bid specifications, notices and construction drawings must be submitted for
the review and approval of the Neighborhood Services Department prior to public
advertisement.
Page 1 of 2
The bidding process for construction contracts must include a formal advertisement,
published in The Miami Review, Dodge Reports and The Miami Builder's Exchange. This
announcement must include the following:
The date, time and place that bid documents are available, and the same
information for any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and
a performance and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of the
project and the various applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG monies
are the sole funding source, the City may require that bids be received and opened by the
City's Procurement Department.
K. The Provider agrees to submit to the City's Neighborhood Services Department all
documentation of the steps followed in the selection of professional services and
construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage
clause in all construction contracts. Cost plus a percentage of cost, and percentage of
construction cost contracts will not be permitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be
specified in the funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed"
has been issued.
O. Pursuant to 570.808 of the CDBG Regulations, and the new provisions in the Economic
and Community Development Act of 1974 as amended, the Provider agrees to comply
with the inspection, notification, testing and abatement procedures concerning lead-based
paint.
I hereby acknowledge that 1 have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance
with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature
~.a~eY-~u ~u~~~w~~.
Print Name of Authorized Signatory
lu ~ ~-o~
Date
1~~~s-b~~l~-
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving
construction, purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling
of applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000
per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an
apartmenf`'buildirig to be rehabilitated, if'there is a family residing in one of the units with a child
under seven years of age with an identified elevated blood level condition (concentration of lead
in blood of 25 micrograms per deciliter or greater) and the building was constructed prior to
1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five
feet from the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that
are readily accessible to children under seven years of age, and all interior surfaces of a
residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method
approved by HUD. Test readings of 1 mg/cm or higher shall be considered positive for
presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed
rehabilitation work. All chewable surfaces in any room found to contain lead based paint must
be treated before final inspection and approval of work. Similarly, all exterior chewable surfaces
must be treated when they are found to contain lead based paint.
Page 1 of 2
Minimum treatment involves covering or removing the painted surfaces. .Washing and
repainting without thorough removal or covering does not constitute adequate treatment.
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth
barrier. Depending on the wall condition, permanently attached, non-strippable wallpaper may
be applied. Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat
guns) or chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based
paint contained in this Certification, and understand that my organization's project
eligibility depends upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature
~.0 ~ r~~-0 ~~r'~~ 1) ~v~
Print Name of Authorized Signatory
1u-1~o~
Date
~v~ S-I 1~ ~~-
Print Title of Authorized Signatory
Page 2 of 2
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
The. undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to .any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
any employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all individuals
receiving sia6=awards -shall certify acid disclose'accordingly.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Si
"~ ~1~-ergo ~1~~uV t<-~
Print Name of Authorized Signatory
lu ~ o~a~
Date
~~~~~}~er1~
Print Title of Authorized Signatory
Page 1 of 1
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
The Provider shall insert in the space provided below the site(s) expected to be used for the
performance of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
Villa Maria Apartments
2800 Collins Avenue
Miami Beach, FL 33139
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Si e
16.1-0
Date
(~Ob-tY~ ur~o~Y~
Print Name of Authorized Signatory
(fir-eS~b-~~~~-
Print Title of Authorized Signatory
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT
NAME OF ORGANIZATION MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION_ _ V~ S I ~~~ h ~-' PHONE NUMBER ~) 5~ ~' ~ ~ ~ Q
V)'U UGt k0 Y V-e
being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with
all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining
to employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Sig
_1 ~ ~ O 1
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on l1 C~ ~ I~ V I I 2 ~ ~ ' 1 by
(Date)
IZ.hb~~~ l~ct~bvv-~ .Fie/She is~ersonally known to rnP or has
(Affiant)
presented
(Type of identification)
~~ y~~~~
(Signature of Notary)
1~)/al?GsGa ~OVIS,000
as identification.
n i~ S b'~i ~ Z5 .
(Serial Number)
D~~ ~ ~~ ~ z~ ~o
(Print or tamp Name1, of Notary) (Expiration Date)
Notar Public ~11V~ ~ ' ,,~~p~e NotaryPUblicStaieotFlorida
y (State) Notary Seal :° ~~ Bianga Fonseca
My Commission DD589125
~'~'oFn°"~ Expues08127/2U1U
The City of Miami Beach will not award a contract to any firm, corporatio t
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
Page 1 of 1
CERTIFICATION
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. All construction or rehabilitation plans and specifications for the project must be approved by
the City's departments of Planning, Public Works, Fire and Building, and by the City's
divisions of Community Development and Code Compliance.
2. If the project is located in the Miami Beach Architectural District, or affects a building listed
or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between the SHPO and the City.
3. The Sub-Recipient certifies that it intends to comply with efforts to identify, evaluate and
appropriately condition project activities to avoid, minimize or mitigate adverse project
impacts to any properties listed, or which satisfy the criteria of eligibility for listing (36 CFR
60.4), in the National Register of Historic Places.
4. Name and telephone number of individual designated to fulfill these conditions (include
street address, city, county, state, zip code and area code):
Villa Maria Apartments
2800 Collins Avenue
Miami Beach, FL 33139
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance
with the requirements contained in this document.
Miami Beach Community Development Corporation
0 ~ Y-~0 ~ U~0 Y V~ ~ Y-e.S ~ bf. Vl-~
Print Name and Title of Authorized Signatory
1u ~ l~o~
Date
Page 1 of 1
t. .. 1
RESOLUTION NO. 2008-26749
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT THE
FOLLOWING GRANT FUNDING REQUESTS: 1j CHILDREN'S TRUST FOR
FISCAL YEAR (FY} 2008/09 FUNDING, IN AN AMOUNT NOT TO EXCEED
$630,000, FOR THE CITY'S OUT OF SCHOOLS PROGRAM AT NORTH
SHORE PARK AND YOUTH CENTER; 2} COMMUNITY BUDGET ISSUE
REQUEST FUNDING, IN AN AMOUNT NOT TO EXCEED $5,000,000, FOR
CITYWIDE STORMWATER INFRASTRUCTURE IMPROVEMENTS; 3}
COMMUNITY BUDGET ISSUE REQUEST FUNDING, IN AN AMOUNT NOT
TO EXCEED $35,000, FOR THE CITY'S HISTORICAL ARCHIVE
PRESERVATION PROJECT; 4} COMMUNITY DEVELOPMENT BLOCK
GRANT 2005 HURRICANE DISASTER RECOVERY SUPPLEMENTAL
FUNDING, IN AN AMOUNT NOT TO EXCEED $1,500,000, FOR THE
FLAMINGO NEIGHBORHOOD FLOOD AND DRAINAGE PROJECT; 5}
COMMUNITY DEVELOPMENT BLOCK GRANT 2005 HURRICANE
DISASTER RECOVERY SUPPLEMENTAL FUNDING, IN AN AMOUNT NOT
TO EXCEED $41,000, ON BEHALF OF THE MIAMI.BEACH COMMUNITY
DEVELOPMENT CORPORATION VILLA MARIA PROJECT; 6} MIAMI-DADE
COUNTY, FOR FEDERAL HIGHWAY ADMINISTRATION DISCRETIONARY
PROGRAM FUNDING, IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR
THE SR934 BICYCLE AND PEDESTRIAN IMPROVEMENT PROJECT
(NORMANDY DRIVE/71ST STREET FROM DICKENS AVENUE TO WEST
BAY DRIVE}; AND 7} MIAMI-DADE COUNTY, FOR THE STATE OF
FLORIDA EMERGENCY MEDICAL SERVICES (EMS} COUNTY GRANT
PROGRAM FOR FY 2007/08 FUNDS, IN AN AMOUNT NOT TO EXCEED
$17,000; FURTHER APPROPRIATING ALL THE ABOVE GRANTS AND
MATCHING FUNDS, IF APPROVED AND ACCEPTED BY THE CITY; AND
AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS
RELATED TO THESE APPLICATIONS BY THE CITY MANAGER OR HIS
DESIGNEE.
WHEREAS, the City was awarded its first Children's Trust grant for the Out of
Schools Program at North Shore Park and Youth Center in 2005, and the program
provides a quality after-school and Summer curriculum for youth ages 5-13; and
WHEREAS, the City has run the program well, and the Children's Trust has
automatically renewed the agreement each subsequent year, for the fast three years,
based on the previous year's successful performance; and
WHEREAS, the City has now reached the maximum number of renewals
allowed, and is now required to submit a new application for funding; and
WHEREAS, the Administration has submitted an application to The Children's
Trust for funding to continue the existing after-school and summer recreation programs;
the funds will be used to enhance the Parks and Recreation Department's curriculum to
include an enhanced reading, physical fitness, and social skills component; and
WHEREAS, matc. J funds are not required for this a ;t and the project
supports the key intended outcome: increase satisfaction with recreational programs;
and
WHEREAS, retroactive approval is requested to submit an application for funding
to The Children's Trust, in the amount of $630,000, for the City's Out of Schools
Program at North Shore Park and Youth Center for Fiscal Year (FY) 2008/09; and
WHEREAS, all local governments and districts that want to be considered for
funding by the 2008 Legislature must submit a Community issue Budget Request (CBIR)
application to House and Senate members for each project; and
WHEREAS, the City is requesting funding, in the amount of $5,000,000, for
stormwater infrastructure improvements Citywide, as part of the Stormwater Master
Plan; and
WHEREAS, the funding request was listed on the City's State legislative
priorities, approved by City Commission in October 2007, and again in January 2008;
and
WHEREAS, the program does not require matching funds and the project
supports the key intended outcome: ensure well-maintained infrastructure; and
WHEREAS, retroactive approval is requested #o submit an application for funds
to the State of Florida, in the form of a CBIR, in an amount not to exceed $5,000,000, for
stormwater infrastructure improvements; and
WHEREAS, the City has also requested CBIR funding to preserve valuable
historic documents related to the history of Miami Beach; and
WHEREAS, matching funds are not required and the project supports the key
intended outcome: increase community satisfaction with city services; and
WHEREAS, retroactive approval is requested to submit an application for funding
to the State of Florida, in the form of a CBIR, in an amount not to exceed $35,000, for a
Historic Records Archive Preservation Project; and
WHEREAS, following the 2005 hurricanes, which included Hurricane Wilma, the
State of Florida, started providing funding, through the Community Development Block
Grant 2005 Hurricane Disaster Recovery Supplement Program, to improve the response
to, and recovery from, hurricanes and to repair rehabilitate, replace harden or othenrvise
mitigation damages sustained as result of Hurricane Wilma; and
WHEREAS, the City has submitted an application for funding to mitigate flooding
in the Flamingo Neighborhood, from 5`h to 11~' Street, between Alton Road and
Washington Avenue; and
WHEREAS, this drainage infrastructure improvement project will benefit a
significant number of low-moderate income individuals; and
WHEREAS, the program does not require matching funds and the project
supports the key intended outcome: ensure well-maintained infrastructure; and
WHEREAS, retroactive approval is requested to submit a funding
application to the State of Florida for Community Development Block Grant 2005
Hurricane Disaster Recovery Supplemental Funds, in an amount not to exceed
$1,500,000, for the Flamingo Neighborhood drainage project; and
WHEREAS, the F da Department of Community Affai- eleased a second
supplemental appropriation for Hurricane Disaster Recovery funds to address Hurricane
Wilma damage for multifamily rental housing properties; and
WHEREAS, the Administration has submitted an application for funding, on
behalf of Miami Beach Community Development Center, in the amount of $415,000 for
the Villa Maria project, which suffered damage from Hurricane Wilrna (and will provide
affordable housing to elder low-income residents of Miami Beach) ;and
WHEREAS, this program does not require matching funds and the project
supports the key Intended outcome: reduce the number of homeless people; and
WHEREAS, retroactive approval is requested to submit a funding application to
the State of Florida for Community Development Block Grant {CDBG) 2005 Hurricane
Disaster Recovery Supplemental Funding, in an amount not to exceed $415,000, on
behalf of MBCDC, for the Villa Maria project; and
WHEREAS, Federal Highway Administration Discretionary Program {FHWA)
Discretionary Program funds are available through Miami-Dade County from the
Transportation and Community and System Preservation Pilot Program (TCSP}for State
road projects; and
WHEREAS, SR 934 is a major east-west connection for both bicyclists and
pedestrians and is also a proposed bikeway within the City's adop#ed Atlantic Greenway
Network Master Pian; and
WHEREAS, the City's project proposes to increase the level of safety for both
bicyclists and pedestrians; and
WHEREAS, this project requires matching funds, in the amount of $280,000, and
which are available from Half Cent Transit Surtax funding, and
WHEREAS, this project supports the key intended outcome: enhance mobility
throughout the city; and
WHEREAS, retroactive approval is requested to submit a funding application to
Miami-Dade County for FHWA funding, in an amount not to exceed $1,000,000, for the
SR934 bicycle and pedestrian improvement project {No-mandy Drive/71~ Street from
Dickens Avenue to West Bay Drive}; and
WHEREAS, the Florida Department of Health is authorized by Chapter 401,
Florida Statutes, to provide grants to Boards of County Commissioners for the purpose
of improving and expanding pre-hospital emergency medical services; and
WHEREAS, these grants may subsequently be distributed to municipalities and
other agencies involved in the provision of EMS pre-hospital care; and
WHEREAS, the City plans to submit an application for funding, in an amount not
to exceed $17,000, for educational materials, supplies, training, training equipment,
technical rescue equipment and reference library materials; and
WHEREAS, matching funds are not required far this grant and the project
supports the key intended outcome: increase resident ratings of public safety services;
and
WHEREAS, retro~ ie approve! is requested to submit a ;ding application to
Miami-Dade County far the State of Florida Emergency Medical Services (EMS) County
Grant Program for FY 2007/08 funds, in an amount not to exceed $17,000.
NOW THEREFORE, BE 1T DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby retroactively approve and
authorize the City Manager or his designee to submit the following grant applications: 1)
Children's Trust for FY 2008/09 funding, in an amount not to exceed $630,000, for the
City's Out of Schools Program at North Shore Park and Youth Center; 2) Community
Budget Issue Request funding, in an amount not to exceed $5,000,000, for Citywide
stormwater infrastructure improvements; 3) Community Budget Issue Request funding,
in an amount not to exceed $35,000, for the City's historical archive preservation project;
4) Community Development Block Grant 2005 Hurricane Disaster Recovery
Supplemental funding, in an amount not to exceed $1,500,000, for the Flamingo
neighborhood flood and drainage project; 5) Community Development Block Grant 2005
Hurricane Disaster Recovery Supplemental funding, in an amount not to exceed
$415,000, for MBCDC's Villa Maria project; 6) Miami-Dade County, for Federal Highway
Administration Discretionary Program funding, in an amount not to exceed $1,000,000,
for the SR934 bicycle and pedestrian improvement project (Normandy Drive/71~` Street
from Dickens Avenue to West Bay Drive); 7) Miami-Dade County, for the State of Florida
Emergency Medical Services {EMS} County Grant Program, for FY 2007!08 funds in an
amount not to exceed $17,000; further appropriating all the above grants and matching
funds, if approved and accepted by the City; and authorizing the execution of all
necessary documents related to these applications by the City Manager or his designee.
PASSED and ADOPTED this 13th day of February2008
A EST:
CITY C<_ RK
Robert Percher
JMG/KGB/JMH
T:IAGENDA120081February 131ConsentlGrants Reso.doc
M YOR
Matti A. Bower
~~~ ~ T~
FORM $ LANGUAGE
RESOLUTION NO. 2009-27078
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO SUBMIT THE FOLLOWING AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 (ARRA) APPLICATIONS FOR
FUNDING: 1) THE ADMINISTRATION FOR CHILDREN AND FAMILIES,
DEPARTMENT OF HEALTH 8~ HUMAN SERVICES, STRENGTHENING
COMMUNITIES FUND -NON-PROFIT CAPACITY BUILDING PROGRAM
FOR THE PROVISION OF TRAINING, CONSULTING AND TECHNOLOGY
SERVICES TO IMPROVE SERVICE CAPACITY AMONG THE MIAMI
BEACH SERVICE PARTNERSHIP, IN AN AMOUNT NOT TO EXCEED
$750,000, AND 2) THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT FUNDS IN THE AMOUNT OF $839,000; AND
RETROACTIVE APPROVAL TO APPLY FOR THE FOLLOWING NON-
ARRA FUNDED GRANTS: 1) NATIONAL ENDOWMENT FOR THE
HUMANITIES FOR FUNDING IN AN AMOUNT NOT TO EXCEED $20,000
FOR THE CITY'S RECORDS ARCHIVING PROGRAM; 2) ASSISTANCE
TO FIREFIGHTERS PROGRAM FOR FUNDING IN AN AMOUNT NOT TO
EXCEED $171,000 FOR A VEHICLE EXHAUST SYSTEM FOR FIRE
STATIONS 1, 3, AND THE REPAIR SHOP; AND 3) ADDITIONAL
FUNDING IN THE AMOUNT OF $28,508 IN COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RELIEF FUNDING FOR THE CITY'S VILLA
MARIA .RENOVATION PROJECT; FURTHER APPROPRIATING THE
ABOVE FUNDS, IF APPROVED AND ACCEPTED BY THE CITY, AND
AUTHORIZING THE EXECUTION, OF ALL NECESSARY DOCUMENTS
RELATED TO THESE APPLICATIONS BY THE CITY MANAGER OR HIS
DESIGNEE.
WHEREAS, the American Recovery and Reinvestment Act of 2009 (Recovery Act)
was signed into law by President Obama on February 17, 2009. The purpose of the
Recovery Act is to create and save jobs, jumpstart the economy, and lay the foundation
for a robust and sustainable 21~ century economy; and
WHEREAS, the Act includes measures to modernize the nation's infrastructure,
enhance America's energy independence, expand educational opportunities, increase
access fo health care, provide tax relief, and protect those in greatest need; and
WHEREAS, federal stimulus funds are being distributed through existing funding
programs through the following three categories:
1. Funds allocated as formula grants directly to local or regional entities;
2. Funds allocated to the states for discretionary pass-through or competitive
grants;
3. Funds to be distributed at the Federal level through a grant competitive process;
and
WHEREAS, the Administration has acted quickly to apply for funding as
announcements are made by the different federal .agencies and departments; and
WHEREAS, the Department of Health and Human Services provides funding to
experienced organizations to provide nonprofit organizations, ~'brving as project
partners, with capacity building training, technical assistance, and competitive financial
assistance; and
WHEREAS, lead organizations will assist nonprofit organizations with capacity
building activities that support economic recovery; specifically, they will assist grassroots
organizations working in distressed communities with capacity building activities in five
critical areas: 1) organizational development, 2) program development, 3) collaboration
and community engagement, 4) leadership development, and 5) evaluation of
effectiveness; and
WHEREAS, the Administration intends to apply for funding in an amount not to
exceed $750,000 for the provision of training, consulting and technology services to
improve service capacity among the members of the Miami Beach Service Partnership
("Service Partnership") and its member agencies, as well as increase resident access to
federal benefits and tax credits; and
WHEREAS, the Service Partnership serves eligible youths with quality, integrated
services that improve school attendance and performance; and
WHEREAS, the current agencies in the Service Partnership are: South Florida
Center for Family Counseling; Aspira of Florida; Choices et al., Inc.; Junior
Achievement; Miami Beach Community Health Center; Unidad/Miami Beach Hispanic
Community Center and Teen Job Corps; and
WHEREAS, this grant requires a 20% match and, if awarded, the City intends to use
City staff salaries, and salaries from the partnering organizations as matching funds; and
WHEREAS, approval is requested for the Administration to apply for ARRA funding
to the Administration for Children and Families, Department of Health and Human
Services, Strengthening Communities Fund -Non-Profit Capacity Building Program for
the provision of training, consulting and technology services to improve service capacity
among the members of the Service Partnership, in an amount not to exceed $750,000;
and
WHEREAS, approval is requested to apply for ARRA funding under the Energy
Efficiency and Conservation Block Grant Program, which provides funding to develop
and implement projects to improve energy efficiency and reduce energy use and fossil
fuel emissions in communities, in the amount of $839,000; and
WHEREAS, the Administration will be presenting several options for this grant at a
special meeting of the Finance and Citywide Projects Committee and, given the grant
application deadline of June 25, 2009, it is recommended that the projects
recommended by the Finance and Citywide Projects Committee be submitted to the
Energy Efficiency and Conservation Block Grant Program; and
WHEREAS, this grant supports the key intended outcome to enhance the
environmental sustainability of the community; and
WHEREAS, Preservation Assistance Grants help institutions-particularly small and
mid-sized institutions-improve their ability to preserve and care for their humanities
collections, including special collections of books and journals, archives and
manuscripts, prints and photographs, moving images, sound recordings, architectural
and cartographic records, decorative and fine arts, textiles, archaeological and
ethnographic artifacts, furniture, and historical objects; and
WHEREAS, two programs exist under the Preservation Grants, and the City intends
to apply for both programs; and
WHEREAS, neither grant requires a match and this project supports the key
intended outcome of enhancing learning opportunities for youth; and
WHEREAS, approval is sought by the Administration to apply for funding from the
National Endowment for the Humanities for funding for the City's records archiving
program in an amount not to exceed $20,000; and
WHEREAS, the Assistance to Firefighters grant program is administered by the
Department of Homeland Security's Office of Grants and Training in cooperation with the
U.S. Fire Administration; and
WHEREAS, the current program provides funding for Fire Departments to acquire
equipment and, accordingly, the Administration has submitted a grant application for
funding to acquire vehicle exhaust extraction systems for Fire Stations 1 and 3, and the
Repair shop and training facility; and
WHEREAS, this grant requires a 20% match and the City has matching funds
available in the Fire Department budget to match this grant, and this grant supports the
key intended outcome to ensure well-maintained facilities; and
WHEREAS, retroactive approval is requested by the Administration to apply to the
Assistance to Firefighters grant program for funding in an amount not to exceed
$171,000 for a vehicle exhaust system for fire stations 1 and 3, and the Repair Shop;
and
WHEREAS, the City received funding from the Florida Department of Community
Affairs in the amount of $413,992 for the City for the Villa Maria project under the
Hurricane Disaster Recovery Program to address Hurricane Wilma damage;
WHEREAS, additional funding in the amount of $28,508 is now available for this
project, bringing the total grant award to $442,500;
WHEREAS, there is no match requirement, and the project supports the key intended
outcome to reduce the number of homeless people.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or his designee to submit the following American Recovery And Reinvestment
Act of 2009 (ARRA) applications for funding: 1) Administration for Children and Families,
Department of Health & Human Services for its Strengthening Communities Fund - Non-
profit Capacity Building Program for the provision of training, consulting and technology
services to improve service capacity among the Miami Beach Service Partnership, in an
amount not to exceed $750,000 and 2) the Energy Efficiency And Conservation Block
grant funds in the amount of $839,000; and the following non-ARRA funded grants: 1)
National Endowment for the Humanities for funding for the City's records archiving
program; 2) retroactive approval to apply for the Assistance to Firefighters program for
funding in an amount not to exceed $171,000 for a vehicle exhaust system for fire
stations 1, 3, and the Repair Shop; and, 3) additional funding in the amount of $28,508
in Community Development Block Grant Disaster Relief funding for the City's ~Ila Maria
renovation project; further appropriating the above funds, if approved and accepted by
the City; and authorizing the execution of all necessary documents related to these
applications by the city manager or his designee.
2009-27078
--------
~,
PASSED and ADOPTED this 3rd day of rune , 2009
ATTEST:
CITY CLERK Robert Parcher
Matti Herrera Bo r M OR
JMG/KGB/JMH
T:IAGENDA12009Wune 31ConsentlGrants Reso Stim.doc
~raROVeonsr~
FORM & LANGUAf3E
8 FOR EXECUTION
s 2Y 84
COM~~ISSION ITEM SUMMARY
-ivnuw~aca~ ~ Luc. _
A Resolution authorizing the City Manager to apply for and accept two American Recovery and
Reinvestment Act of 2009 Qrants as well as non-ARRA grant funds.
Ke Intended Outcome 5u ortea:
1) Enhance learning opportunities for youth; 2) Enhance the environmental sustainability of the community
and ensure well-maintained facilities; 3) increase community satisfaction with city services; 4) ensure well-
maintained facilities; 5) reduce the number of homeless people.
Supporting Data - 2007 Survey: 1) Residents stated that supplementing school programs was the fourth
most important area for the city to spend its tax dollars; 2) recent capital improvements was a key positive
finding and a key driver for overall quality of life for residents and businesses; 3) City services for tax dollars
paid is a key driver for residents; 4) A Facility Condition Index (FCI) was conducted on pity buildings; the
FCI is a comparative indicator of the relative condition of a facility, with a rating of 0 as "excellent°, and 0.15
and higher as "poor". The City's Fire Stations were rated as 1.02 and 1.03 (poor), and received the 2nd worst
score of all buildings rated; 5) When it comes to housing, residents feel that the City should most seek to
ensure housing for households with incomes of less than $50,000 and housing for elderly/seniors.
Issue: Shall the City support the following funding requests and execute the related agreements?
Item Summary/Recommendation: A Resolution authorizing the city manager or his designee approval to
submit the following American Recovery and Reinvestment Act of 2009 (ARRA) applications for funding:1)
Administration for Children and Families, Department of Health 8~ Human Services for its Strengthening
Communities Fund -Non-Profit Capacity Building Program for the provision of training, consulting and
technology services to improve service capacity among the Miami Beach Service Partnership, which serves
eligible youths with quality, integrated services that improve school attendance and performance, in an
amount not to exceed $750,000; and, 2) Energy Efficiency and Conservation formula grant funds in the
amount of $839,000 to develop and/or implement projects to improve energy efficiency and reduce energy
use and fossil fuel emissions; and the following non-ARRA funded grants: 3) National Endowment for the
Humanities for funding under two separate programs for the city's records archiving program; 4) Assistance
to Firefighters program for funding in an amount not to exceed $171,000 for a vehicle exhaust system for
Fire Stations 1, 3 and the repair shop; and, 5) additional funding in the amount of $28,508 in Community
Development Block Grant Disaster Relief funding for the Villa Maria renovation project; further appropriating
the above funds, if approved and accepted by the city; and authorizing the execution of all necessary
documents related to these applications by the city manager or his designee.
Adviso Board Recommendation: NIA
Financial Information:
Source of
funds # Grant Name/Project Grant Not to
Exceed Amount Match Amount/Source
- 1 Strengthening Communities
Fund/Service Partnership $750,000 $140,000%ity salaries, agency
salaries and in-kind match for
ARRA s ace
2 Energy Efficiency and
Conservation Grant (ARRA) $839,000 No match required
3 NEH -Records Archiving
Project $20,000 No match required
4 Assistance to Firefighters
Program -Vehicle Exhaust $171,000 $34,000/Fire Department
Budget
5 CDBGNiIIa Maria $28,508 No match required
Financial Im act Summa
a.~a werR s vrrlce L ISIai1V@ 1 raCKln
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Sian-pffs~
Department D' or Assistant City Manager City Manager
., ~
(J
AGENDA ITEM C7/4
h~TC G-3-09
~ MIAMIBEACH
~ MIAMIBEACH
City of Miami Beach, 1700.Convention Center.Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 3, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE APPROVAL TO SUBMIT THE FOLLOWING AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 {ARRA) APPLICATIONS FOR
FUNDING: 1) DEPARTMENT OF HEALTH & HUMAN SERVICES,
ADMINISTRATION FOR CHILDREN AND FAMILIES, FOR ITS
STRENGTHENING COMMUNITIES FUND - NON-PROFIT CAPACITY
BUILDING PROGRAM FOR THE PROVISION OF TRAINING, CONSULTING
AND TECHNOLOGY SERVICES TO IMPROVE SERVICE CAPACITY AMONG
THE MIAMI BEACH SERVICE PARTNERSHIP, IN AN AMOUNT NOT TO
EXCEED $750,000; AND, 2) ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT FUNDS IN THE AMOUNT OF $839,000; AND THE
FOLLOWING NON-ARRA FUNDED GRANTS: 3) NATIONAL ENDOWMENT
FOR THE HUMANITIES FOR FUNDING, IN AN AMOUNT NOT TO EXCEED
$20,000 FOR THE CITY'S RECORDS ARCHIVING PROGRAM; 4) ASSISTANCE
TO FIREFIGHTERS PROGRAM FOR FUNDING, IN AN AMOUNT NOT TO
EXCEED $171,000 FOR A VEHICLE EXHAUST SYSTEM FOR FIRE STATIONS
1, 3 AND THE REPAIR SHOP; AND, 5) ADDITIONAL FUNDING IN THE
AMOUNT OF $28,508 IN COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RELIEF FUNDING FOR THE VILLA MARIA RENOVATION
PROJECT; FURTHER APPROPRIATING THE ABOVE FUNDS, IF APPROVED
AND ACCEPTED BY THE CITY; AND AUTHORIZING THE EXECUTION OF ALL
NECESSARY DOCUMENTS RELATED TO THESE APPLICATIONS BY THE
CITY MANAGER OR HIS DESIGNEE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The American Recovery and Reinvestment Act of 2009 (Recovery Act) was signed into law
by President Obama on February 17, 2009. The purpose of the Recovery Act is to create
and save jobs, jumpstart the economy, and. lay the foundation for a robust and sustainable
21 ~` century economy. The Act includes measures to modernize the nation's infrastructure,
enhance America's energy independence, expand educational opportunities, increase
access to health care, provide tax relief, and protect those in greatest need.
Commission Memorandum
Page 2
Federal Stimulus funds are being distributed through existing funding programs through the
following three categories:
1. Funds allocated as formula grants directly to local or regional entities;
2. Funds allocated to the states for discretionary pass-through or competitive grants;
3. Funds to be distributed at the Federal level through a grant competitive process.
The Administration has acted quickly to apply for funding as announcements are made by
the different federal agencies and departments. Funding announcements and guidelines will
continue to be released over the next few months, and the Administration will continue to
pursue additional programs under the Recovery Act. At this time, the Administration has
identified and is in the process of applying for the following Recovery Act funds:
1. Approval to apply for ARRA funding to the Administration for Children and Families.
Department of Health and Human Services for its Strengthening Communities Fund
-Non-Profit Capacity Building Procaram for the provision of training. consultin4 and
The Department of Health and Human Services provides funding to experienced
organizations to provide nonprofit organizations serving as project partners, with capacity
building training, technical assistance, and competitive financial assistance. The focus of this
program is to build the capacity of funded projects' nonprofit partners in order to address the
broad economic recovery issues present in their communities.
Lead organizations will assist nonprofit organizations with capacity building activities that
support economic recovery. Specifically, lead organizations will assist grassroots
organizations working in distressed communities with capacity building activities in five
critical areas: 1) organizational development, 2) program development, 3) collaboration and
community engagement, 4) leadership development, and 5) evaluation of effectiveness.
Capacity building activities are designed to increase an organization's sustainability and
effectiveness, enhance its ability to provide social services, and create collaborations to
better serve those in need.
The Administration intends to apply for funding in an amount not to exceed $750,000 for the
provision of training, consulting and technology services to improve service capacity among
the Miami Beach Service Partnership and its member agencies as well increase resident
access to federal benefits and tax credits. The Miami Beach Service Partnership serves
eligible youths with quality, integrated services .that improve school attendance and
performance. The current agencies in the Service Partnership are: South Florida Center for
Family Counseling; Aspira of Florida; Choices et al, Inc.; JuniorAchievement; Miami Beach
Community Health Center; Unidad/Miami Beach Hispanic Community Center and Teen Job
Corps. The agencies as well as organizations that support the Service Partnership will be
invited to partner.
This grant requires a 20% match, in an amount not #o exceed $140,000. If awarded, the city
intends to use city staff salaries, salaries from the partnering organizations and in-kind for
space as ~a match. This grant supports the key intended outcome: enhance teaming
opportunities for youth.
Commission Memorandum,
Page 3
2. Approval to apply for ARRA funding under the Energy Efficiency and Conservation
Block Grant Program for funds in the amount of $839,000;
The Energy Efficiency and Conservation Block Grant Program provides funding to develop
and implement projects to improve energy efficiency and reduce energy use and fossil fuel
emissions in communities.
The Administration will be presenting several options for this grant to a special meeting of
the Finance and Citywide Projects Committee, and, given the grant application deadline of
June 25, 2009, it is recommended that the projects recommended by the Finance and
Citywide Projects Committee will be submitted to the Energy Efficiency. and Conservation
Block Grant Program.
This grant supports the key Intended outcome: enhance the environmental sustainability of
the community.
3. Approval to apply for funding under two separate programs from the National
Endowment for the Humanities (NEH) for funding for the city's records archiving
grogram in a combined amount not to exceed $20,000:
Preservation Assistance Grants help institutions-particularly small and mid-sized
institutions-improve their ability to preserve and care for their humanities collections,
including special collections of books and journals, archives and manuscripts, prints and
photographs, moving images, sound recordings, architectural and cartographic records,
decorative and fine arts, textiles, archaeological and ethnographic artifacts, furniture, and
historica! objects.
NEH has two programs for institutions that the Administration can apply. under. The
Administration requests approval to applyforfunding forthe city's records archiving project
under both programs. The scope of this project includes: 1) an overall assessment of the
archives housed within the City Clerk's Office by hiring a professional archivist as a
consultant. This assessment would be used to prepare short term and long term
recommendations for preservation, housing, and environmental conditions; 2) the second
activity that the grant will support is the purchase of preservation and storage supplies; 3)
the third activity is the indexing and cataloging of historic photographs and documents and
update the database of historical documents; 4) training component for interns/students
This grant does not require a match. This project supports the key Intended outcome:
increase community satisfaction with city services.
4. Retroactive approval to apply to the Assistance to Firefighters grant program for
funding in an amount not to exceed $171 000 for a vehicle exhaust system for fire
stations 1 and 3 and the Repair Shop
The Assistance to .Firefighters grant program is administered by the Department of
Homeland Security's Office of Grants and Training in cooperation with the U.S. Fire
Administration. The Assistance to Firefighters grant program assists rural, urban and
suburban fire departments throughout the United States by offering three grant opportunities
in each year. The grant programs are used by the nation's firefighters and first responders to
increase the effectiveness of firefighting and emergency response operations.
Commission Memorandum
Page 4
The current program provides funding for Fire Departments to acquire equipment.
Accordingly, the Administration has submitted a grant application for funding to acquire
vehicle exhaust extraction systems for Fire Stations 1 and 3, and the Repair shop. The City
has been actively pursuing the purchase of a vehicle exhaust extraction system.
This grant requires a 20% match, in the amount of $34,000. The City has matching funds
available in the Fire Department budget to match this grant. This grant supports the key
intended outcome: ensure well-maintained facilities
5. Approval to accept additional funding in the amount of $28.508 in Community
Development Block Grant Disaster Relief funding for the Villa Maria renovation
project
The Florida Department of Community Affairs awarded funds to the City for the Villa Maria
project under its Hurricane Disaster Recovery Program to address Hurricane Wilma
damage.
The Administration was .awarded funding on behalf of Miami Beach Community
Development Corporation for the Villa Maria project. The Villa Maria is project-based Elderly
Housing Facility, and is a contributing structure in the National Register Miami Beach
Architectural District.
The city received funding from the Florida Department of CommunityAffairs in the amount of
$413,992 for the City for the Willa Maria project under the Hurricane Disaster Recovery
Program to address Hurricane Wilma damage; additional funding in the amount of $28,508
is now available for this project, bringing the total grant award to $442,500;
This agenda item is to accept additional funding in the amount of $28,508. The funding is
needed for the project and there is no match requirement.
This project supports the key Intended outcome: reduce the number of homeless people.
Conclusion
The Administration requests approval to authorize the City Manager or his designee
approval to submit the following American Recovery And Reinvestment Act of 2009 (ARRA)
applications for funding:1) Administration for Children and Families, Department of Health
& Human Services for its Strengthening Communities Fund -Non-Profit Capacity Building
Program for the provision of training, consulting and technology services to improve service
capacity among the Miami Beach Service Partnership, which serves eligible youths with
quality, integrated services that improve school attendance. in an amount not to exceed
$750,000; and, 2) Energy Efficiency And Conservation Block grant funds in the amount of
$839,000, for funding of projects based on the recommendation of the Finance and
Citywide Projects Committee; and the following non-ARRA funded grants: 3) National
Endowment for the Humanities for funding for the city's records archiving program; 4)
Assistance to Firefighters program for funding in an amount not to exceed $171,000 for a
vehicle exhaust system for fire stations 1, 3 and the Repair Shop; and, 5) additional funding
in the amount of $28,508 in Community Development Block Grant Disaster Relief funding for
the city's Villa Maria renovation project; further appropriating the above funds, if approved
and accepted by the city; and authorizing the execution of all necessary documents related
to these applications by the city manager or his designee.
JMG/KGB/JMH