H.O.P.E., Inc. 7- 76 �
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COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E.,, INC.)
This Agreement made and entered into this2z day of 0044 _,, 2011, by and between
the CITY OF MIAMI IBEACH, a Florida municipal corporation having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City "), and
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.), a non-
for profit corporatioill having its principal office at 18441 NW 2 nd Avenue, Suite 218, Miami
Gardens, Florida, 33169 (hereinafter referred to as "Provider "). -
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and
Urban Development (HUD) grant programs, Community Development Block Grant (CDBG)
funds, and HOME Investment funds (HOME), and the City expects to continue to receive
entitlement funds from these grant programs to operate the City's housing and community
development activities; and
WHEREAS, each year, the City prepares a One -Year Action Plan detailing how it
intends to allocate funds received from HUD to conduct eligible activities for the benefit of low
-and moderate- income Miami Beach residents; and
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WHEREAS, on May 18, 2011, the City's Community Development Advisory
Committee (CDAC) I approved the funding recommendation of the One -Year Action Plan for
Fiscal Year (FY) 2011 /2012 activities; and
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'WHEREAS, in accordance with HUD regulations and the City's Citizen Participation
Plan concerning-the preparation of the One -Year Action Plan, the Administration held two (2)
public meetings, receiving citizens' comments, and advertised a 30 =day. . citizen comment
period, from June 14, 2011, through July 11, 2011; and
WHEREAS, on July 13, 2011, -the City Commission approved Resolution No. 2011-
27694 approving t T e One -Year Action Plan for Federal Funds for FY 2011/2012, and
providing CDBG .funds, in the amount of $5,000,, to Housing Opportunities Project for
Excellence, Inc. for the Fair Housing Education and Outreach Initiative located at 11501 NW
2nd Ave, Miami, FL 33168
NOW,. THEREFORE, in consideration of the mutual benefits contained, herein, the
City and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement
and the following four (4) attachments, all of which _are attached and
incorporated in this Agreement:
•. Attachment I - Statement of Work and contains a description of the Program.
• Attachment 11 - Budget Summary.
• Attachment 111 - Financials for CDBG- funded activities.
• Attachment IV -Applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement the Program. in
accordance with Attachments I and 11, and as summarized as follows:
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Fair Housing Education and Outreach Initiative
The Federal Fair Housing Act, Section 8008(e)(5), requires the Secretary of the
U.S. (Department of - Housing and Urban Development (HUD) to administer
HUD's housing and urban development programs in a manner as to
affirmatively further fair housing (AFFH). All localities that are direct recipients
of CDBG funds from HUD are required to conduct an assessment of the
barriers to housing choice and to develop a plan for' overcoming the
impediments identified. Although the . grantee's AFFH obligation arises in
connection with the receipt of Federal funding, its AFFH obligation is not
restricted to the design and operation of HUD- funded programs at the State or
local lievei. The AFFH obligation extends to all housing and housing- related
activities in the grantee's jurisdictional. area whether publicly or privately funded
(U.S. Department of Housing and Urban Development Office of -Fair Housing
and Equal opportunity, Fair Housing Planning Guide, Chapter 1,'Section 1.2, 1-
The Consolidated Plan regulations (24CFR 91) require a certification by each
jurisdiction that it will AFFH, which' requires Fair. Housing Planning. Fair
Housing Planning entails: 1) implementation of action plans to eliminate any
identi impediments; and 2) maintenance of ' AFFH records, corresponding
with implementation of the Consolidated Plan every three to five years.
Objective: To provide technical assistance to the City in meeting its
requirement to Affirmatively Further Fair Housing as an entitlement jurisdiction
by o �ercoming the effects of conditions that limit fair housing choice - city -wide
through education, outreach, and counseling.
Action Steps:
1. Conduct four (4) Fair. Housing /Predatory Lending educational outreach
sessions (one (1) per quarter) benefiting the City residents. Distribute Fair
Housing and Predatory Lending educational materials.
2. Operate a housing discrimination HELPLINE that will-be publicized and
made available to provide residents of the City with: .(1) fair housing
counseling; (2) predatory lending; and (3) affordable housing and other
housing related referrals.
3. Publish and distribute at least two (2) issues of The Forum newsletter for
distribution to municipal staff, elected officials, service providers and.
community members. . The City . will receive credit in the printing of the.
newsletter for its part in its publishing and distribution:
To fund this activity the CDBG funding will be supplemented with a $5,000 set -
aside of HOME Program Administration funds.
Section 3. Agreement Amount: The City agrees to. make available_ FIVE THOUSAND
DOLLARS ($5,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the
Agreement; shall be referred to as the "Funds"
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Section 4. Alterations: Any proposed changes in the Program including, without
limitation, the Budget in Attachment ll, shall first be submitted, reviewed, and
approved, in writing, by.the City Manager, which approval, if given at all, shall
be at his /her sole reasonable judgment and discretion.
Section 5. Method of Payment and Reporting Requirements:. During the Term,
Provider shall submit quarterly Program progress reports to the City on the 10
day of January,. April, July and October, respectively. As part of the report
submitted in October, the Provider also agrees to include, a comprehensive
final (report covering the agreed -upon Program objectives, activities, and
expenditures, and including, but not limited to, performance data on client
feedbIack 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
Manager in the event'of Program changes; the need for additional information
or documentation arises; and /or legislative amendments are enacted. Reports
and /o`r requested documentation not received by the- due date shall be
considered delinquent and may be cause for default and termination of this
Agreement, pursuant to Section 12 hereof.
Section 6. Monitoring: At its discretion, the City may schedule at least one (1) annual on-
site monitoring visit with the Provider to evaluate the progress of the Program,
and /or to provide technical assistance. At the City's option a desk top review
of the activities may be conducted in lieu of an on -site visit.
Section 7.. Additional Conditions and Compensation: The parties acknowledge that
the ,Funds originate from CDBG . grant funds from HUD, and must be
implemented in full compliance with all of HUD's rules and regulations. In the
event of curtailment or non- production of said federal funds, the financial
sources necessary to continue to pay the Provider all or any portions of the
Funds will not be available. In that ., event, the City may: terminate this
Agreement, which termination shall be effective. as of the date that it is
determined by the City Manager, in his /her sole discretion and judgment, that
theFunds are no longer available. In the event of such termination, the
Provider agrees that it will not look to, nor seek to hold the City, 'nor any
individual member of the City Commission and /or City Administration,
personally Liable for the performance of this Agreement, and the City shall be
released from any further ! liability to Provider 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 .
Program administration 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 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.
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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 I available under activities funded
by the CDBG Program. "Benefits" do not include relocation services and
payments to which displacees are. entitled by law.
Section 10. Ass!' nment/Subco'ntract: No part of this Agreement may be assigned ' or
subcontracted without the .prior written consent of' the City, which consent, if
given at all, shall be at the City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence on October 1, 2011, and terminate on
September 30, 2012, (the Term); with the understanding that at, the end of the
Term, the City Commission has the authority to reappropriate any remaining
unused Funds.
Section 12. Termination of Agreement:
12. 1 Termination for Convenience: This. Agreement may be terminated by
the City, for. convenience and without cause, through the City Manager,
Ul pon 30 days prior written notice to Provider. In the event of such
termination for convenience, the City shall cease, any payments to
Provider for costs resulting from obligations which were not approved
before the effective date of termination. Provider shall be solely
responsible for immediately returning any unused or unapproved Funds as
of the date of termination, and shall also be solely responsible , for
submitting a final report, as provided in Section 5 hereof, (detailing all
Program objectives, activities and expenditures up to the effective date of
the termination). Said final 'report shall be due within five (5) working days
following the effective date of termination. Upon timely receipt of
Provider's final report, the City, at its sole discretion, 'shall determine the
amount (if any) of any additional portion of the Funds to be returned to the
City as. a result of any 'unapp'roved or unused Funds, or incomplete
Program items, and shall provide Provider with written notice of any
onies due. Said additional , monies shall be due and payable
immediately upon receipt of such notice by Provider. Notwithstanding the
preceding, the City reserves any and all legal rights and remedies it- may
ave with regard to recapture of all or any portion of the Funds, 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 terminate this Agreement for cause. "Cause" shall include,
but not be limited to, the following:
a. Failure to comply and /or perform, in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
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.
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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 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 curing the default; and (iii) a
reasonable cure period, which shall be no less than thirty (30) days from
notification date. In the event the Provider fails to cure such default within
the aforestated cure period, this Agreement shall be considered. terminated
for cause, without requiring further notice to Provider, and Provider shall be
solely responsible for repayment to the City of all or any portion of the Funds
disbursed to Provider, as deemed required by the City, in its sole and
reasonable discretion. Said monies shall be immediately due and payable by
Provider. Notwithstanding the preceding, the City reserves any and all legal
rights and remedies it may have with regard to recapture of all or any portion
of the Funds,- 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 by the City Manager
that such Funds are no longer available. Costs of the Provider incurred
after termination are not allowable unless expressly authorized in writing
by the City Manager (whether in the notice of termination or subsequent
thereto), and, in that case, may only be allowable if, in the sole discretion
of the City Manager:
a. The costs resulted from obligations which were properly incurred
before the effective date of termination, were not in anticipation of it,
and are noncancelable; and
b. The costs would be allowable if the Agreement expired normally at
the end of its Term.
Section 13. Equal Employment- Opportunities: The-..Provider shall comply with equal
employrrnent opportunities as stated in Executive Order 11246, entitled "Equal
Employ ent Opportunity as amended. Executive Order 11375, and as
supplemented in Department of Labor regulations.
Section 14., Progra p Income: Any "Program Income" (as such' term is defined under
applicable Federal regulations) gained from any activity of the Provider funded by
CDBG funds shall be reported to the City and utilized by the Provider in the
operation of the Program.
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 Manager, and only ' in accordance with
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requirements set in 24 CFR §570.2000). 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
emp 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
mayl 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 shall. not be used for the acquisition, construction, or rehabilitation
of structures to the extent that those structures are used for inherently
religious activities. 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 accordance with the cost'accounting requirements applicable -to
CDBG funds in this part. Sanctuaries, chapels, or other rooms that a. CDBG-
funded religious congregation uses as its principal place of worship, however,
are ineligible for CDBG- funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon
expiration of the Agreement, and in: addition to any and all other remedies
available to the City (whether under this. Agreement, or at law or in equity), the
Provide ' shall immediately transfer to the City any Funds on hand at the time of
termination (or expiration) and any accounts, receivable attributable to the use of
CDBG funds: The City's receipt of any Funds on hand at the time of termination,
shall not waive the City's right (nor excuse: Provider's obligation) to recoup all or
any por lion of the Funds, as the City may deem necessary.
Any real property under the - Providers control that. was acquired or improved in
whole of 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
(iformerly section 570.901) until five years after expiration of the term of
t his 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. lif 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 CDBG Program,
including applicable Uniform Administrative Requirements set forth in 24 CFR .
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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
require nl ents 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
Organ iz or the related CDBG provision, as specified in this section:
a. Subpart A - "General ";
b. Subpart B - "Pre -Award Requirements ",' except for ❑84.12, "Forms for
Applying for Federal Assistance ";
C. Subpart C. "Post -Award Requirements ", except for:
(1) Section 84.22, "Payment Requirements" Grantees .shall follow the
standards of 0[1-85,.20(b)(7) and 85.21 in making payments to sub -
recipients;
(2) Section 84.23, "Cost Sharing and Matching ";
(3) Section 84.24, "Program Income ". - In lieu of ❑ 84.24, CDBG sub -
recipients shall follow ❑ 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans ";
(5) Section 84.32, Real Property - In Lieu of ❑84.32, CDBG sub -
recipients shall follow ❑ 570.505;
(6) Section 84.34(g), "Equipment" In lieu of the disposition provisions of
❑ 84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be
program income (pro -rated to reflect the extent to which CDBG
funds were used to acquire the equipment); and
b. Equipment not needed by the sub - recipient for CDBG activities
shall be transferred to the recipient for the CDBG program or shall
be retained after compensating the recipient;
{7) Section 84.51(b), (c), .(d), (e), (f), (g), and (h), "Monitoring and
Reporting Program Performance ";
(8) Section 84.52, "Financial Reporting ";
(9) Section 84.53(b), Retention and access requirements for records'.
Section 84.53(b) applies with'the following exceptions:
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 ❑ 84.6 1,
CDBG
subrecipients shall comply with ❑ 570.503(b)(7); and
d. Subpart D - "After- the -Award Requirements" - except for ❑ 84.71,
'Closeout Procedures ".
Section 18. Sponsorships: The Provider agrees that all notices, .informational pamphlets,
press releases, advertisements, descriptions of the sponsorship of the Program,
researc reports, and similar public notices prepared and released by the
Provider
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for, on behalf of, and /or about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY. DEVELOPMENT BLOCK
GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH
OFFICE OF REAL ESTATE HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the ,name of the Provider.
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 the CDBG Program, and all other 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.
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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.
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The Prod ider is responsible for maintaining and storing all records pertinent to this
Agreement�in an orderly fashion in a readily accessible, permanent and secured.
location Ifor 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 (4) 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 the City (and /or its 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 Providers fiscal year. The Provider shall comply with the
requirements and standards of OMB A -133, "Audits of Institutions of High
Educatio ,
n and Other Non- Profit Institutions" (as set forth in 24 CFR Part 45), or
OMB Circular A -128, Audits of State and Local Governments , (as set forth in 24
CFR Pak 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, invitees, or any persons acting under the direction, control, or
supervision of Provider, 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, 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 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 commencement date of the Term, this Agreement shall automatically
terminate and become null and void, and the City shall have no obligation under
the terms and conditions hereof.
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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:
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a. General Liability Policy with coverage for Bodily Injury: and Property
Damage, in the amount of $1,000,000 single limit, subject to adjustment
for inflation. 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 Statutes.
c. Automobile and - vehicle 'coverage shall be required when the use of
- automobiles and other vehicles are involved in any way in the
p erformance of the.Agreement. limits for such coverage shall be in
amount of $500,000, subject to adjustment for inflation.
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The City of Miami Beach shall be named as an additional insured under all such
insurance contracts. 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 its insurance company. The insurance must be furnished by
insurance companies authorized to do business in the State of Florida, and
approved by the City's Risk Manager. 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, Oldwick,
New Jersey, or its equivalent, subject to the approval of the City's Risk. Manager.
Original C 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.
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. Compliance with the
foregoing requirements shall not relieve the Provider of its obligation to indemnify
and hold the City harmless, as required in this section.
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 personal financial interests,
direct or indirect, in this Agreement. The Provider covenants that in the
performance of this Agreement, no person having such conflicting interest shall
be employed. The Provider covenants that it will comply with all provisions of 24
CFR 5710.611 "Conflict of Interest ", and the, State, County and City of Miami
Beach statutes, regulations, ordinances or resolutions governing conflicts of
interest.) The Provider shall disclose, in writing, to the any possible
conflicts I g 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, lawn. of the State of Florida, both substantive and remedial, without regard to
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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.
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: Keenya Robertson, Executive Director
Housing Opportunities Project for Excellence, Inc.
18441 NW 2nd Avenue
Suite 218
Miami Gardens, FL 33169
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 $5,000. 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 $5,000.
Accordi gly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $5,000, 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.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
a Florida not -f t profit corporation
ATTEST: -.
Secretary Pr id nature
0 On cA *n Keenya Robertson, Executive Director
Print Name Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
AT
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aw/x�
City Clerk Ma r
�D P7 - VT I+CC-ry, Matti Herrera Bower
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
n Date
F: \RHCD \$ ALL \HSG- CD \MERCY\CONTRACTS \09 -1 0 \HOPE, Inc \CDBG Agreement- Revised 12- 30- 09.doc
12
CDBG AGREEMENT
October 1, 2011 to September 30, 2012
ATTACHMENT
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To fund a set -aside for HOPE, Inc. to provide a Fair Housing Education Program. This activity
will be funded through a line item in the CDBG Administration budget.
HOPE, Inc. 's Fair Housing Education and Outreach Initiative is designed to overcome the
effects of conditions that limit fair housing choice, provide essential and detailed fair housing
information, enforcement, counseling and referral services to all residents in the City of Miami
Beach. Program activities ensure that the general public and protected classes become aware
of fair housing laws and the means available to seek redress for fair housing rights violations,
especially those at risk of experiencing housing discrimination based on their protected class
status: e.g., race, color, religion, sex, disability, familial status, and national origin, age, marital
status, or sexual orientation. The initiative is also structured to furnish developers, real estate
brokers, property managers, financial institutions and the media advertising industry with the
most current information necessary to comply with fair housing laws and to become fully aware
of the existence, nature, extent and causes of fair housing issues.
PROGRAM GOALS AND MEASURABLE OUTCOMES*
I
1. Participate in three (3) homebuyer workshops located within the City of Miami Beach.
2. Participate as a service provider in one (1) community event within the City of Miami
Beach targeting persons with disabilities.
3. Operate. and p u a housing discrimination telephone "HELPLINE
4. Publish and distribute at least four (4) issues of The Forum newsletter.
Page 1 of 1
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.)
BUDGET FY 2011-
THE CITY OF MIAMI BEACH i (CDBG )
OCTOBER 1, 2011 - MARCH 31, 2012
CITY OF OTHER ALL
LINE ITEM DESCRIPTIONS MIAMI BEACH SOURCES SOURCES
PERSONNEL SERVICES
Fair Housing Counselor 2,000.00 38,341.00 40,341.00
Rob Collins
Fair Housing Specilialist 1,000.00 38,832.00 39,832.00
Vanester Turner
Total Salaries 3,000.00 77,173.00 80,173.00
FICA 7.65% of Gross 230.00 5,903.23 6,133.23
Workers Comp. 1.3% of Gross 39.00 1,003.25 1,042.25
Unemployment Comp. $129 Per Employee 30.00 357.00 387.00
Group Insurance $4,215 Per Employee Per Year 803.00 11,242.00 12,045.00
Total fringe 1,102.00 18505.48 19,607.48
TOTAL PERSONNEL 4,102.00 95,678.48 99,780.48
OPERATING EXPENSES
Advertising /Marketing /Promotions 0.00 4,620.00 4,620.00
Office Supplies 400.00 4,600.00 5,000.00
Printing & Duplicating Quarterly Newsletters, Brochures 498.00 12,018.00 12,516.00
TOTAL OPERATING EXPENSES 898.00 21,238.00 22,136.00
INDIRECT COST 0.00 0.00 0.00
Base Direct Labor =29.3
Base for :Fringe Benefits =20 %o
BUDGET TOTALS 5,000.00 116,916.48 121,916.48
i
CDBG AGREEMENT
October 1, 2011 to September 30, 2012
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 I inimum, purchases should be supported by a purchase order, packing list
and vendor invoice. Credit card statements, travef itineraries, vendor statements and similar
items do not represent support for an expense.)
Page 1 of 2
RECORDS
Accounting records nl ust 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 vouchers /invoices should be on vendor's letterhead. Financial
records are to be retained for a period of four years, with access guaranteed to the City, to HUD
or Treasury officials or their representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and
local governments that receive Federal funding fall under the revised OMB, Circular A -133,
Audits of States, Local Governments, and Nonprofit Organizations. Non - Federal entities that
expend $300,000 or more in a year in Federal awards must have a single or program- specific
audit.
One copy of the sub- r 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 mine 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.f6c(@,census.gov
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 maybe 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 2 of 2
}
CDBG AGREEMENT
October 1, 2011 to September 30, 2012
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 seg.) States
that no person may be excluded from participation in, denied the benefits of, or
subjected to discrimination under any program or activity receiving Federal financial
assistance on the basis of race, color or national origin. The regulations
implementing the Title VI Civil Rights Act provisions for HUD programs may be found
in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601 - 3620) Prohibits discrimination in the sale or
rental of housing, the financing of housing or the provision of brokerage services
against any person on the basis of race, color, religion, sex, national origin, handicap
of familial status. Fair Housing Act implementing regulations may be found in 24
CFR Part 100 -115.
• Equal Opportunity in Housing (Executive Order 11063, as amended by Executive
Order 12259) Prohibits discrimination against individuals on the basis of race, color,
religion, sex or national origin in the sale, rental, leasing or other disposition of
residential (property, or in the use or occupancy of housing assisted with Federal
funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 107.
• Age Discrimination Act of 1975, As Amended (42 USC 6101) Prohibits age
discrimination in programs receiving Federal financial - assistance. Age
Discrimination Act regulations may be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974
Requires t i at 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 th basis of race, color, religion, national origin or sex.
Affirmative 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:
Pagel of 8.
• Methods for informing. the public, owners and potential tenants about fair housing
laws and t I e Providers policies (for example: use of the Fair Housing logo or equal
opportunity language);
• A description of what owners and /or the Provider will do to affirmatively market
housing assisted with CDBG funds;
• 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 r
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 2251
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
achievablei 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 p riincipally involved in housing or social services, all of the activities of the
agency -- I of 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.
y Page 2 of 8
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 /pro'curement procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity
for employment and contracting.
• Equal Employment Opportunity, Executive Order 11246, as amended Prohibits
discrimination against any employee or applicant for employment because of race,
color, religion, sex or national origin. Provisions to effectuate this prohibition must be
included in all construction contracts exceeding $10,000. Implementing regulations
may be found at 41 CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968 Requires that, to the
greatest extent feasible, opportunities for training and employment arising from
CDBG funds will be provided to low- income persons residing in the program service
area. Also, to the greatest extent feasible, contracts for work (all types) to be
performed in connection with CDBG will be awarded to business concerns that are
located in or owned by persons residing in-the program service -area:
• Minority/WImen'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.
Page 3 of 8
• Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seg.) Establishes
the basic minimum wage for all work and requires the payment of overtime at the
rate of at least time and one - half.- It- also requires the payment of wages for the
entire time that an employee is required or permitted to work, and establishes child
labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City
and the Provider must take measures to avoid hiring debarred or suspended contractors
or subrecipient I s 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 a conflict -of- interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not
accept gratuities,. favors or anything of monetary value from contractors,
potential contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in
a 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 I of 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:
Page 4 of 8
May obtain a financial interest or benefit from a CDBG.activity; or
- Have an interest in any contract, subcontract or agreement for themselves or
for persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year
after leaving the grantee (the City), the state recipient or subrecipient (the
Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by
HUD on a case -by -case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure
has been made public; and
- Pro ided 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,
suspensio 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.
Ill. 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
Page 5 of 8
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.
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.
On April 22, 2008, the EPA issued a rule requiring the use of lead -safe practices and
other actions aimed at preventing lead poisoning to protect against the hazards created
by exposure to lead dust in existing structures built prior to 1978. Under the rule, all
contractors performing renovation, repair and painting projects that disturb Lead- based
paint in homes, child care facilities, and schools built before 1978 must be certified and
follow specific work practices to prevent lead contamination. This rule (40 CFR Part 745)
is enforced as of April 22, 2010. The rule must be executed by all sub - contractors.
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; and
• 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; and
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and
other special needs.
L.
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).755-178 ext. 104, or e-mail HUD at lead regulations(a7hud.gov
Page 6 of 8
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. COMPLIANCES 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
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 05/14/2010) (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)
US HUD INCOME LIMITS
Household Size Extremely Low Very Low- Income Low- Income
30% of Median 50% of Median 80% of Median
1 Person $15,850 $26,400 $42,200
2 Person $18,100 $30,150 $48,200
3 Person $20,340 $33,900 $54,250
4 Person] $22,600 $37,650 $60,250
5 Person $24,450 $40,700 $65,100
6 Person $26,250 $43,700 $69,900
7 Person $28,050 $46,700 $74,750
8 Person $29,850 $49,700 $79,550
Page 7 of 8
r LOW /MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low /Mod
40.00 -5 310 448 69.20
41.01 -1 614 757 81.11
41.01 -2 2 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% L/M
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low /Mod
39.01 -1 603 1,036 58.20
39.01 -2 620 836 74.16
39.01 -3 407 468 86.97
39.01 -4 518 772 67.10
39.01 -5 1,503 2,256 70.61
39.01 -6 1,581 2,240 70.58
39.02 -1 704 897 78.48
39.02 -2 876 1,187. 73.80
39.02 -3 211 211 100.00
39.02 -4 1,564 2,097 74.58
39.05 -2 2,408 3,346 71.97 -
39.05 -4 2,401 3,071 78.18
TOTAL 8,677 12,000 72 %° L/M
F: \RHCD \$ALL \HSG -CD \Brian \FY 2011 12 \Contracts \FY 11 -12 Contracts \Attachements\Attachment IV CDBG Applicable Federal Regulations.doc
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