MBCDC Agreement
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CO~TYDEVELOPMENTBLOCKGRANTAGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
This Agreement made and entered into this 151 day of October, 2001, by and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant Program for the period
October 1,2001, to September 30,2002 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant (CDBG)
Program is the development of viable urban communities, including decent housing and a suitable living
environment and expanding economic opportunities principally for persons of low and moderate income;
and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2001-24517 on July 18, 2001; and
WHEREAS, the City has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2001/2002, the necessity for engaging the Provider to render the following services in Miami
Beach: PRESERVATION AND REHABILITATION (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Section 2.
Section 3.
Section 4.
Agreement Documents: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement:
. Attachment I contains a description of the Program service and goals offered by the
Provider.
. Attachment II is a line item budget.
. Attachment III outlines financial management procedures and reporting forms for use
with Community Development Block Grant funds.
. Attachment N contains applicable federal regulations.
Statement of Work: The Provider agrees to implement the activities in accordance with
the Budget, as described in Attachments I and II.
PRESERVATION AND REHABILITATION
(570 .208( a)( 1 )/570.202)
To provide matching grant funds for 5 commercial fa9ade improvements in the South
Beach designated Community Development target areas.
Agreement Amount: The City agrees to make available One Hundred Seventy Five
Thousand DoUars ($175,000) for use by the Provider during the term of the Agreement.
Alterations: Any proposed alterations in the Program offered by the Provider and/or the
budget shall first be submitted to and approved in writing by the City, said approval at the
City's sole discretion.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the lOth day of each month, throughout
the term of this Agreement. The Provider also agrees to submit, on September 30, 2002, 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 L
Attachment III contains reporting forms to be used in fulfi1\ment 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 sha1\ be considered by the City, at its sole discretion, as
sufficient cause to suspend pending CDBG payments to the Provider, and/or recuperate a
portion of the CDBG funds referenced herein.
Monitoring: The City sha1\ schedule no less than one (1) monitoring visit with the
Provider to evaluate the progress and performance of the Program and, at its discretion,
provide technical assistance.
Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of Community Development Block Grant funds
from the u.s. Department of Housing and Urban Development (HUD) and must be
implemented in fu1\ compliance with a1\ ofHUD's rules and regulations. It is expressly
understood and agreed that in the event of curtailment or non-production of said federal
grant funds, the financial sources necessary to continue to pay the Provider a1\ or any
portions ofthe 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
or any individual member of the City Commission thereof persona1\y for the performance
of this Agreement and a1\ of the parties hereto sha1\ be released from further liability each
to the other under the terms of this Agreement.
Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with a1\ 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 a1\ state and local laws and ordinances hereto
applicable. It sha1\ be the Provider's sole and absolute responsibility to familiarize itself
with any and a1\ such applicable federal regulations, as well as any and a1\ applicable state
and local laws and ordinances.
Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the Community Development Block Grant Program. "Benefits" under this section means
financial assistance, public services, jobs and access to new or rehabilitated housing and
other facilities made available under activities funded by the CDBG Program. "Benefits"
do not include relocation services and payments to which displacees are entitled by law.
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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.
Section 11. Term: This Agreement shall remain in effect from October 1,2001, through September
30, 2002, with the understanding that at the end of any fiscal year during the term herein,
the City of Miami Beach City Commission has the authority to reappropriate any
remaining unused funds.
Section 12. Termination of Agreement: The City and Provider agree that this Agreement may be
terminated for convenience and without cause, by either party hereto by written notice to
the other party of such intent to terminate, at least thirty (30) days prior to the effective
date of such termination. In the event of such termination for convenience by either party,
the City shall cease any payments to Provider for costs resulting from obligations, which
were not properly incurred before the effective date oftermination. Additionally, Provider
shall be solely responsible for submitting a final report, as provided in Section 5 of the
Agreement, detailing all Program objectives, activities and expenditures up to the
effective date of the termination. Said "final report" shall be due within five (5) working
days following the effective date of the 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 and payable upon receipt of such notice by Provider.
Notwithstanding the preceding, the City reserves any and all rights and responsibilities 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.
Notwithstanding the preceding paragraph, 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, in accordance with the terms of this Agreement,
or any Federal, State, County or City of Miami Beach statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
c. Implementation ofthis Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the sub-recipient, and applicable HUD rules and regulations.
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
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correct such deficiency within the aforestated period, and following such notice from the
City, this Agreement shall be terminated by the City, without further notice to Provider.
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 during a
suspension or after termination, are not allowable unless the City expressly authorizes
them in the notice of suspension or termination, or subsequent thereto. Other costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if, in the sole discretion of the City:
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, in the
case of termination, are noncancelable; and
b. The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes effect.
In the event of termination of the Agreement, at its sole discretion, the City may require
Provider to transfer any CDBG assets to the City pursuant to Section 16 herein.
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 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 ofthe Provider, funded by CDBG funds shall
be reported to the City and utilized by the Provider in the operation of the CDBG-funded
activity during the term of this Agreement.
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
~570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in
the provision of such public services.
d. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols or decorations.
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Section 16.
Section 17.
e. The funds received under this Agreement shall not be used to construct, rehabilitate,
or restore any facility which is owned by the Provider and in which public services
are to be provided. However, minor repairs may be made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-
religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG
expenditure for the public services.
Reversion of Assets: In the event of a termination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any
CDBG funds on hand at the time of termination or expiration and any account receivable
attributable to the use of CDBG funds.
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the Provider in the form of
a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly
section 570.901) until five 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).
Conformity to BUD regulations: The Provider agrees to abide by guidelines set forth by
the U.S. Department of Housing and Urban Development for the administration and
implementation of the Community Development Block Grant Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of the U.S. Department of Housing
and Urban Development 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-II 0 (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";
c Subpart C - "Post-Award Requirements", except for:
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(1) Section 84.22, "Payment Requirements" - Grantees shall follow the standards
of ~~ 85 .20(b )(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of ~ 84.24, CDBG sub-recipients
shall follow ~ 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of ~84.32, CDBG sub-recipients shall
follow ~ 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of ~
84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (t), (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" .
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions ofthe 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, shall include the statement:
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"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
NEIGHBORHOOD SERVICES 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 ofthis
Agreement, the Community Development Block Grant 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 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 off our (4) years after expiration ofthis 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 fmdings
involving these records are resolved. The City shall be informed in writing after closeout
ofthis 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 ofOMB A-133, "Audits ofInstitutions of High Education and Other Non-Profit
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Section 21.
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
IndemnificationlInsurance Requirements: The Provider shall indemnify and hold
harmless the City from any and all claims, liability, losses and causes of action which may
arise out of an act, omission, negligence or misconduct on the part of the Provider or any
of its agents, servants, employees, contractors, patrons, guests, clients, 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 ofthe City, when applicable, and shall pay all costs 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 ofthis 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. 2001-24517 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
hislher 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
8
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
g. Original Certificates ofInsurance 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 ofthe Risk Manager, Third Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and! or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the provision that
the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days
written notice to that effect, given by the insurance carrier to the City, and that the
insurance carrier will not invoke the defense of performance of a governmental function
by the Provider in performing this 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 ofInsurance 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 ofInterest: 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 of24 CFR 570.611 "Conflict ofInterest", 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 enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of the same shall lie in
Miami-Dade County, Florida.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address, with copies to the Office of the City Attorney:
City:
Joanna Revelo, Director
Community Development Division
Neighborhood Services Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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Provider:
Roberto Datorre, President
Miami Beach Community Development Corporation
945 Pennsylvania Avenue, Second Floor
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 perfonnance or
nonperfonnance of any obligations imposed upon the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In 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.
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
~~
A~~l I~Ory
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City Clerk
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Typed Name and Title
F:\DDHP\$ALL\L YSSETTE\ACTPLAN\2001...02\contracts\MBCDC\Pres.ervation &. Rehab Contract.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
10
-() I
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide matching grant funds for commercial fayade improvements in the South Beach designated
Community Development target areas.
The program will provide one-ta-one grants for fayade improvements and the correction of code
violations to commercial buildings in the South Miami Beach Target Area. Successful applicants must
demonstrate that the low and moderate-income community will be served by businesses operating in the
im~roved properties. The eligible program area is the City of Miami Beach south of Dade Boulevard and
24 Street. Miami Beach Community Development Corporation will provide commercial fayade grants
upon receipt and review of a completed application in accordance with the Preservation and
Rehabilitation Program Guidelines and will clearly document the manner by which each project/business
meets a CDBG national objective.
PROGRAM GOALS AND MEASURABLE OUTCOMES
I. Schedule, advertise, and conduct public information meetings in Spanish and English.
2. Follow-up on prospects.
3. Commit funds.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2001 11/2001 12/2001 1/2002 2/2002 3/2002 4/2002 5/2002 6/2002 7/2002 8/2002 9/2002
1 X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X
IICH2\VOLl IDDHPI$ALLIL YSSETTEIACTPLAN\2001-02IcontractsIMBCDClPres & Rehab Attachment Ldoc
Page 1 of 1
CDBG AGREEMENT
October 1,2000 to September 30, 2001
ATTACHMENT II
BUDGETS~YSHEET
Project Name: Preservation & Rehabilitation Funding Year: 200112002
Provider Name: Miami Beach Communitv Development Corporation . Date Submitted:
Category Category Breakdown CDBG/ESG Funds Other Funds
Number
1 Salaries & Fringe Benefits $57,262 $171,217
2 Consultants & Contract Services $1,682 $6,870
3 Space Rental $6,962 $28,425
4 Other Operating Expenses $9,094 $37,130
5 Rehabilitation $100,000 $2,280,000
6
7
8
9
10
11
12
13
Total CDBG/ESG Funds
Total Other Funds
Grand Total
Other Funding
Sources
MBCDC General
FundlEarned
Income
MBCDC General
FundlEarned
Income
MBCDC General
FundlEarned
Income
MBCDC General
Fund/Earned
Income
Preservation & Rehab
& Owner Match
Total Funds
$228,480
$8,552
$35,386
$46,223
$2,380,000
Page I of6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation Funding Year: 200112002
Provider Name: Miami Beach Community Development Corporation Date Submitted:
Cate20ry Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
# Funds
1 Salaries
.
Executive Director $3,672 $12,912 $16,584
CFO/MIS Director $3,097 $12,646 $15,743
Accountant 1 $4,070 $16,620 $20,690
Commercial/Economic Revitalization Director $21,150 $25,850 $47,000
Accountant 2 $2,804 $11,449 $14,253
Accountant 3 $1,686 $6,884 $8,570
Office Manager $1,935 $7,902 $9,837
Secretary/Receptionist $1,599 $6,530 $8,129
Secretary/Clerical $1,859 $7,591 $9,450
Federal Payroll Tax $3,549 $14492 $18,041
Unemployment Tax $536 $2,188 $2,724
Workmen's Compensation $685 $2,796 $3,481
Health Insurance $2,478 $10,117 $12,595
Retirement Plan Contribution $2,261 $9,233 $11 ,495
Other Fringe Benefits $1,357 $5,540 $6,897
Salary Increases $4,523 $18,467 $22,989
Total Amount $57,262 $171,217 $228,480
Page 2 of6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation Funding Year: 2001/2002
Provider Name: Miami Beach Communitv Development Corporation Date Submitted:
Cate20ry Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
2 Consultant & Contract Services
Annual Audit $1,682 $6,870 $8,552
Total Amount $1,682 $6,870 $8,552
Page 3 of6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation Funding Year: 2001/2002
Provider Name: Miami Beach Community Development Corooration Date Submitted:
Cate20ry Amount
Category Category Breakdown CDBG/ESG Other Funds Total
Number Funds Funds
3 Office Space Rental
Office Space Rental $6,871 $28,055 $34,927
Storage Space Rental $90 $369 $460
Total Amount $6,962 $28,425 $35,386
Page 4 of6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation Fnnding Year: 200112002
Provider Name: Miami Beach Commnnitv Development Corporation Date Submitted:
Cate20ry Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
4 Other Operatin2 Expenses
Utilities $794 $3,243 $4,038
Janitorial Supplies and Water $226 $923 $1,149
Office Machine Leases $1,131 $4,617 $5,747
Repairs and Maintenance $181 $739 $920
Office Supplies $1,809 $7,387 $9,196
Credit Reporting Service $226 $923 $1,149
Payroll Processing & Direct Deposit Fees $158 $646 $805
Postage and Delivery $905 $3,693 $4,598
Communications, Miscellaneous Photography and $905 $3,693 $4,598
Advertisinl!:
Telephone and Long Distance Service $1,085 $4,432 $5,517
Insurance $995 $4,063 $5,058
Memberships and Dues $407 $1,662 $2,069
Publications and Subscriptions $271 $1,108 $1,379
Total Amount $9,094 $37,130 $46,223
Page 5 of6
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Preservation & Rehabilitation Funding Year: 200112002
Provider Name: Miami Beach Communitv Development Corporation Date Submitted:
Cateeory Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
5 Rehabilitation
Rehabilitation (5 Rehabilitation Projects at $20,000 $100,000 $2,280,000 $2,380,000
each)
Total Amount $100,000 $2,280,000 $2,380,000
Page 6 of6
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status ofthe 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.
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 vouchers/invoices should be on vendor's letterhead.
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.
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.
Financial records are to be retained for a period of four years, with access guaranteed to the City, to HOD
or Treasury officials or their representative.
One copy of the vendors' audited financial statement shall be submitted to the City immediately following
the end of the vendors' fiscal year(s) during which CDBG funds are received.
Payments to sub-recipients will be on a reimbursement basis to be submitted to:
Joanna Revelo, Director
Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
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.
F;\DDHP\$ALLIL YSSETTE\ACTPLAN\200 1'()2\Boilerplates\Attachment m.doc
Page 1 of 1
~
ICMB Budget Account 132.5655.000345
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
MonthfYear
Provider: Miami Beach Community Development Corporation Project Name: Preservation & Rehabilitation
Reporting Period:
Person Submitting Report:
Date Submitted:
Title:
Signature:
CDBG Year 27 $175,000
FY 200112002
Budget Amount
Month Description Expenditures Year to Date Expenses
October 2001
November 2001
December 2001
January 2002
February 2002
March 2002
April 2002
May 2002
June 2002
July 2002
August 2002
September 2002
Available Funds
Amount Requested
This Payment
I. '''MiJMDi~~'1M'~' 'I
'~"'i;;;">~"': ." ":333h':'i8:,o"'i.:#~:~:L,,,:: .,;!1.1.1'/..:",.'..':,,,,,, "J'l~:..:~;'
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND PROJECT ACCOMPLISHMENTS REPORT
Provider: Miami Beach Communitv Development Corp.
Reporting Period:
Person Submitting Report:
Project Name: Preservation & Rehabilitation
Date Submitted:
Signature:
Please complete the following reports for activities undertaken during this month's reporting period. If reporting for more than
one activity, provide a separate progress and client profile report for each distinct activity.
I. Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement.)
Goal
Month Met Not Met
October
November
December
January
February
March
Goal
Month Met Not Met
April
May
June
July
August
September
In the space below, explain any problems, which may have affected your performance during the reporting period. Attach
additional pages, if necessary, to describe any special recognition, awards and circumstances encountered during the
reporting period.
II. Project Accomplishments to Date - Fill in amounts as appropriate.
Percentage (%) of Completion Number of
Month Feet of Public Public Facilities Businesses! Housing Units LMI Jobs
Utilities Organizations Completed Created and!or
Assisted Retained
October
November
December
January
February
March
April
May
June
July
August
September
F:\DDHP\$ALLIL YSSETTElACTPLAN\2001-02\Boilerplates\Progress Report All others,doc
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds ofrace, 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 ofthe Civil Rights Act of 1964. As Amended (42 USC 2000d et seQ.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
. The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis ofrace, 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 bv Executive Order
12259): Prohibits discrimination against individuals on the basis ofrace, 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.
. Af1:e Discrimination Act of 1975. As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt 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 1 of?
. 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 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be 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 ofthe 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.
Page 2 of?
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.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
. EClual Emplovment 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 areal
. Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HOD 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 offunds 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 of7
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. sea.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict ofInterest: 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
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:
Page 4 of7
May obtain a financial interest or benefit from a CDBO activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBO 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.
ID. 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 CDBO funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBO
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 CDBO
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 5 of7
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
htto://www,hud,gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulations(al,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 Wlm 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
Page 6 of7
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 3/29/2001) (Source: U.S. Department
of Housing & Urban Development) (Note: * 80% of Median Income, ** 50 % of Median
Income)
Household Size
I Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Moderatelncome*
$25,550
$29,200
$32,850
$36,500
$39,400
$42,300
$45,250
$48,150
Low Income**
$15,950
$18,250
$20,500
$22,800
$24,600
$26,450
$28,250
$30,100
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 8L11
41.Q1-2 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% L/M
NORTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
39.Q1-1 603 1,036 58.20
39.Q1-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.1 0
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
F:\DDHP\$ALLIL YSSETTElACfPLAN\200I-02\BoilerplateslAttachment IV Final,doc
Page 7 of7
ACKNOWLEDGEMENT/CERTIFICATION OF
ECONOMIC DEVELOPMENT ACTIVITIES
If the Provider will be using Community Development Block Grant (CDBG) funds for an Economic
Development Activity, the following federal requirements must be acknowledged:
LOWIMODERATE INCOME JOBS
Criteria: A low/moderate job activity is one which creates or retains permanent jobs, at least 51 % of
which are taken by low/moderate income persons or considered to be available to low/moderate income
persons.
In counting iobs created or iobs retained, the following policies apply:
. Part-time jobs must be converted to full-time equivalents.
. Only permanent jobs count.
. Temporarv jobs may not be included.
. Regardless of the sources of funding, all permanent jobs created by the activity must be counted.
. Trickle-down jobs (jobs indirectly created by the assisted activity) may not be counted.
For jobs retained, the following additional criteria apply:
. There is clear and objective evidence that permanent jobs wil1 be lost without CDBG assistance.
Such evidence includes:
(a) a notice issued by the business to affected employees,
(b) a public announcement by the business, or
(c) relevant financial records.
. Retained jobs are considered to involve the employment of low/moderate income persons if 51 %
of such jobs are known to be held by low/moderate income persons when CDBG assistance is
provided.
Jobs are considered to be available to low/moderate income persons when both the following conditions
are fulfilled:
. Special skil1s that can only be acquired with one or more years of training or work experience,
or education's beyond high school, are not a pre-requisite to fill such jobs, or else the business
nevertheless agrees to hire unqualified persons and train them; and
. The Provider ensures that the assisted business adheres to the principles of "first consideration"
by:
(a) using a hiring practice that in all likelihood will result in over 51 % of those hired being
low/moderate income persons;
(b) seriously considering a sufficient number of low/moderate income job applicants to
meet this intent;
(c) determining that the distance from the job applicant's residence is close to the job site
or that transportation is available to the job site.
Page 1 of3
RECORDS TO BE MAINTAINED
Where the low/moderate income benefit is based on iob creation, the Provider's files must include the
documentation described in either (1) or (2) below:
1. For activities where at least 51 % of the jobs will be available to low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that it will make at least 51 % of the jobs available to
low/moderate income persons and will provide training for any of those jobs requiring
special skills or education; and,
(b) A listing by job title of the permanent jobs to be created, indicating which jobs will be
available to low/moderate income persons, which jobs require special skills or
education, and which jobs are part-time; and,
(c) A description of actions to be taken by the Provider and business to ensure that
low/moderate income persons receive "first consideration" for these jobs; and,
(d) A listing, by job title, of permanent jobs filled, and which jobs were available to
low/moderate income persons, as well as a description of how "first consideration" was
given to such persons for those jobs. The description must include what type of hiring
process was used; which low/moderate income persons were interviewed for a
particular job and which interviewees were hired.
2. For activities where at least 51 % of the jobs will be taken bv low/moderate income persons,
documentation for each assisted business must include a copy of a written agreement containing:
(a) A commitment by the business that at least 51 % of the jobs, on a full-time equivalent
basis, will be taken bv low/moderate income persons and a listing by job title of the
permanent jobs created; and,
(b) A listing, by job title, of the permanent jobs filled and which jobs were initially held by
low/moderate income persons; and,
(c) Information on the size and annual income of the person's immediate family prior to the
low/moderate income person being hired for the job.
3. Where low/moderate income benefit is based on iob retention, the files must include the
following documentation:
(a) Evidence that jobs would be lost without CDBG assistance.
(b) A listing, by job title, of permanent jobs retained, indicating which of those jobs are
part-time and (if known) which are held by low/moderate income persons at the time
the assistance is provided.
(c) Identification of any retained jobs not already held by low/moderate income person
which are projected to become available to low/moderate income persons through job
turnover within two years of the time CDBG assistance is provided. (Job turnover
projections should also be included in the record.)
(d) Information on the size and annual income of the low/moderate income persons'
immediate family for each retained job claimed to be held by a low/moderate income
person. Acceptable documentation on job applicant/employee family income includes
anyone of the following:
Page 2 00
(i) Notice that job applicant/employee is a referral from state, county or local
employment agency or other entity that agrees to refer individuals
determined to be low/moderate income according to HUD criteria. (These
entities must maintain documentation for city of federal inspection.)
(ii) Written certification, signed by the job applicant/employee, of family
income and size to establish low/moderate income status by showing: the
actual income of the family, or a statement that the family income is below
CDBG low/moderate income requirements. (These certifications must
include a statement that they are subject to verification by the local or
federal government.)
(iii) Evidence that job applicant/employee qualifies for assistance under another
program with income qualification criteria at least as restrictive as those
used by the CDBG program, such as referrals from the Job Training
Partnership Act (JTP A) Program, except for referrals under the JTP A Title
III Program for dislocated workers.
ADDITIONAL CONSIDERATIONS
The Provider must prepare an "appropriate" determination, previously known as a "Necessary and
Appropriate" determination, whenever CDBG assistance is provided for a private, for-profit entity carrying
out economic development activities. It should be noted that the deletion ofthe term ''Necessary'', pursuant
to Section 105 (a) (17) of the Housing and Community Development Act of 1974, does not override the
requirements at 24 CFR 570.203 (b). This determination is to ensure that the amount of the financial
assistance is not excessive in light of the actual needs of the business and the expected public benefit.
Examples of CDBG assistance are: grants, loans, loan guarantees, interest supplements, technical assistance
or another form except for those described as ineligible in CDBG Regulations 24 CFR 570.207. If no CDBG
assistance of a financial nature is being provided for a private, for-profit entity, then the "necessary or
appropriate" determination would need to address the public benefits to be derived from assisting each
business but would not require a financial analysis of the business' need for the grant or loan.
I hereby acknowledge that I have read the specific requirements for economic activities contained in
this Certification, and that, if my organization's project is an Economic Development Activity,
eligibility depends upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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Page 3 on
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 ofthe 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 its subcontractors are in
compliance with federal, state and local labor requirements. The Provider agrees to include in the
construction bid specifications in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
contractor/subcontractors that they will be required to submit documents after a city-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-I02 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circular A-I02 Attachment 0 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.
L The bidding process for construction contracts must include a formal advertisement, published in
The Miami Review, Dodge Reports and The Miami Builder's Exchange. This announcement must
include the following:
Page 1 of2
1. 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 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Community Development Act of 1974 as amended, the Provider agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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Date I
Print N
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Print Title of Authorized Signatory
Page 2 of2
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CERTIFICATION OF
LEAD BASED PAINT REOUIREMENTS
APPLICABILITY :
A. The lead based paint rule applies to CDBG-funded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
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 REOUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment
building to be rehabilitated, if there is a family residing in one of the units with a child under seven years
of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from
the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children under seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by
HUD. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REOUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room found to contain lead based paint must be treated before final
inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they are
found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting
without thorough removal or covering does not constitute adequate treatment.
Page 1 of2
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
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Page 2 of2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REOUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles", CDBG
assistance may not, as a general rule, be provided to primarily religious entities for any secular or
religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it
is, or may be deemed to be, a religious or denominational institution or an organization operated for
religious purposes which is supervised or controlled by or operates in connection with a religious or
denominational institution or organization.
A religious entity that applies for and is awarded CDBG funds for public service activities must
agree to the following:
1. It will not discriminate against any employee or applicant for employment on the basis of religion
and will not limit employment or give preference in employment to persons on the basis of religion;
2. It will not discriminate against any person applying for such public services on the basis of religion
and will not limit such services or give preference to persons on the basis of religion;
3. It will provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing, and exert no other religious influence in the provision of such
public services;
4. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols or decorations; and
The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any
facility which is owned by the Provider and in which the public services are to be provided. However,
minor repairs may be made if such repairs are directly related to the public services; are located in a
structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion
of the CDBG expenditure for the public services.
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
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Page 1 of 1
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
Grant Number:
B-OI-MC-l2-~(j<!t aj
The undersigned certifies, to the best of his or her knowledge and belief, that:
Date:
I. 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 sub-awards shall
certify and disclose accordingly.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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Print
Page 1 of 1
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORA nON
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-OI-MC-12-0014/l..-!(U I<J (
Date:
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):
7Lf ( P6RPls<frAvrk
/f;i}M( ftJ4CI/) fi Js/31
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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Prmt Title of Authorized Signatory
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 27. Fiscal Year 2001/2002
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI
DEVELOPMENT CORPORATION
BEACH
COMMUNITY
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION C} &:- P 4-
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, 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.
~ --,.. JC}.-IO- oj
Signature Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on IOr..f:h. &. c:J.oo J
iLL, /, / I f)a / ,nr.l (Date)
~~d-v ~ -h, f "'-- . He/She is personally known to me or has
,
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(Affiant)
as identification.
(Type of identification)
e 0 otary)
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Notary Public Ii' tI 0- (State) Notary Seal
CC taf h 9,S-
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(Expiration Date) I
, IVETTECHAVARRIA
MY COMMISSION' CC 908695
EXPIRES; February 8, 2004
SondtdThruN%ryPublioU_.....
The City of Miami Beach will not award a contract to any firm, corporation or organlza fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with the City of Miami Beach.
Page 1 of 1
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CITY OF MIAMI BEACH
GLOSSARY
Affordable Housing: Affordable housing is generally defined as housing where the occupants pay no
more than 30 percent of gross income for gross housing costs, including utility costs.
AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency syndrome.
Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly
limits a person's ability to live independently.
Committed: Generally means there has been a legally binding commitment of funds to a specific project
to undertake specific activities.
Community Develooment Target Area: Geographic area where at least 51 percent of the residents are
low and moderate-income persons.
Consistent with the Plan: A determination made by the jurisdiction that a program application meets the
following criterion:
. The Annual Plan for that fiscal year's funding indicates the jurisdiction planned to
apply for the program or was willing to support an application by another entity for
the program;
. The location of activities is consistent with the geographic areas specified in the
plan; and
. The activities benefit a category of residents for which the jurisdiction's five-year
strategy shows a priority.
Cost Burden> 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent
of gross income, based on data published by the U.S. Census Bureau.
Cost Burden >50% (Severe Cost Burden): The extent to which gross housing costs, including utility
costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Disabled Household: A household composed of one or more persons at least one of whom is an adult (a
person of at least 18 years of age) who has a disability. A person shall be considered to have a disability
if the person is determined to have a physical, mental or emotional impairment that:
(1) is expected to be of long-continued and indefinite duration;
(2) substantially impedes his or her ability to live independently; and
(3) is of such a nature that the ability could be improved by more suitable housing
conditions.
A person shall also be considered to have a disability ifhe or she has a developmental disability as
defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6006). The
term also includes the surviving member or members of any household described in the first sentence of
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this paragraph who were living in an assisted unit with the disabled member ofthe household at the time
of his or her death.
Elderlv Household: For HUD rental programs, a one or two person household in which the head ofthe
household or spouse is at least 62 years of age.
Elderly Person: A person who is at least 62 years of age.
Existing Homeowner: An owner-occupant of residential property who holds legal title to the property
and who uses the property as his/her principal residence.
Family: See definition in 24 CFR 812.2 (The National Affordable Housing Act definition required to be
used in the CHAS rule differs from the Census definition). The Bureau of Census defines a family as a
householder (head of household) and one or more other persons living in the same household who are
related by birth, marriage or adoption. The term "household" is used in combination with the term
"related" in the CHAS instructions, such as for Table 2, when compatibility with the Census definition of
family (for reports and data available from the Census based upon that definition) is dictated. (See also
"Homeless Family.")
Family Self-Sufficiency (FSS) Program: A program enacted by Section 554 ofthe National Affordable
Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IHAs) to
use Section 8 assistance under the rental certificate and rental voucher programs, together with public
and private resources, to provide supportive services, that will enable participating families to achieve
economic independence and self-sufficiency.
Federal Preference for Admission: The preference given to otherwise eligible applicants under HUD's
rental assistance programs who, at the time they seek housing assistance are involuntarily displaced,
living in substandard housing, or paying more than 50 percent of family income for rent. (See 24 CFR
882.219.)
First Time Home Buyer: An individual or family who has not owned a home during the three year period
preceding the HUD-assisted purchase of a home that must be used as the principal residence of the home
buyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a single
parent (as defined in 24 CFR 921) may not be excluded from consideration as a first time home buyer on
the basis that the individual, while a homemaker or married, owned a home with his or her spouse or
resided in a home owned by the spouse.
For Rent: Year round housing units which are vacant and offered/available for rent. (U.S. Census
definition).
For Sale: Year round housing units which are vacant and offered available for sale only. (US. Census
definition).
Frail Elderly: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating,
dressing, bathing, grooming, and household management activities). (See 24 CFR 689.105.)
Grouo Ouarters: Facilities providing living quarters that are not classified as housing units. (U.S. Census
Page 2 of7
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definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and shelters.
HOME: The HOME Investment Partnerships Program, authorized by Title 11 of the National
Affordable Housing Act.
Homeless Familv: Family that includes at least one parent or guardian and one child under the age of 18,
a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person
under the age of 18, living in situations described by terms "sheltered" or "unsheltered".
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children, living in situations described by terms "sheltered" or "unsheltered".
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations described
by terms "sheltered" or "unsheltered".
Household: One or more persons occupying a housing unit (U.S. Census definition). See also "Family".
Housing Problems: Households with housing problems include those that: (1) occupy units meeting the
definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost
burden greater than 30%. Table 1 C requests nonduplicative accounts of households that meet one or
more of these criteria.
Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended
as separate living quarters. (U.S. Census definition.)
InstitutionslInstitutional: Group quarters for persons under care or custody. (U.S. Census definition.)
Large Related: A household of 5 or more persons which includes at least one person related to the
householder by blood, marriage or adoption.
LIHTC: (Federal) Low Income Housing Tax Credit.
Low-Income: Households whose incomes do not exceed 50 percent of the median income for the area,
as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish
income ceilings higher or lower than 50 percent of the median for the area on the basis ofHUD's
findings that such variations are necessary because of prevailing levels of construction costs for fair
market rents, or unusually high or low family incomes. NOTE: HUD income limits are updated annually
and are available from local HUD offices. (This term corresponds to low and moderate-income
households in the CDBG Program.)
Moderate-Income: Households whose incomes are between 51 percent and 80 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD' s findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
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Middle-Income: Households whose incomes are between 81 percent and 95 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, exceptthat
HUD may establish income ceilings higher or lower than 95 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
Non-Elderlv Household: A household which does not meet the definition of "Elderly Household," as
defined above.
Non-Homeless Person with Special Needs: Includes elderly/frail elderly persons, persons with AIDS,
disabled families, and families participating in organized programs to achieve economic self-sufficiency.
Non-Institutional: Group quarters for persons not under care or custody. (U.S. Census definition.)
Occupied Housing Unit: A housing unit that is the usual place of residence of the occupant(s).
Other Household: A household of one or more persons that does not meet the definition of a Small
Related household, Large Related household, or Elderly Household.
Other Income: Households whose incomes exceed 80 percent ofthe median income for the area, as
determined by the Secretary, with adjustments for smaller and larger families.
Other Low-income: Households whose incomes are between 51 percent and 80 percent of the median
income for the area, as determined by HUD, with adjustments for smaller and larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This term corresponds to
moderate-income in the CDBG Program.)
Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would
include Awaiting Occupancy or Held.
Overcrowded: A housing unit containing more than one person per room. (U.S. Census definition.)
Owner: A household that owns the housing unit it occupies. (U.S. Census definition.)
Phvsical Defects: A housing unit lacking complete kitchen or bathroom. (U.S. Census definition.)
Jurisdictions may expand upon the Census definition.
Primary Housing Activitv: A means of providing or producing affordable housing -- such as rental
assistance, production, rehabilitation or acquisition -- that will be allocated significant resources and/or
pursued intensively for addressing a particular housing need. (See also, "Secondary Housing Activity".)
Proiect-Based (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant.
Tenants receiving project-based rental assistance give up the right to that assistance upon moving from
the project.
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Public Housing ClAP: Public Housing Comprehensive Improvement Assistance Program.
Public Housing MROP: Public Housing Major Reconstruction of Obsolete Projects.
Rent Burden> 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30
percent of gross income, based on data published by the U.S. Census Bureau.
Rent Burden> 50% (Severe Cost Burden): The extent to which gross rents, including utility costs,
exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Rental Assistance: Rental assistance payments provided as either project-based rental assistance or
tenant-based rental assistance.
Renter: A household that rents the housing unit it occupies, including both units rented for cash and units
occupied without cash payment of rent. (U.S. Census definition.)
Renter Occupied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Secondary Housing Activity: A means of providing or producing affordable housing such as rental
assistance, production, rehabilitation or acquisition n that will receive fewer resources and less emphasis
than primary housing activities for addressing a particular housing need. (See also, "Primary Housing
Activity" .)
Section 215: Section 215 of Title II of the National Affordable Housing Act. Section 215 defines
"affordable" housing projects under the HOME program.
Service Needs: The particular services identified for special needs populations, which typically may
include transportation, personal care, housekeeping, counseling, meals, case management, personal
emergency response, and other services to prevent premature institutionalization and assist individuals to
continue living independently.
Severe Cost Burden: See Cost Burden> 50%.
Sever~ Mental Illness: A serious and persistent mental or emotional impairment that significantly limits a
person's ability to live independently.
Sheltered: Families and persons whose primary nighttime residence is a supervised publicly or privately
operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence
shelters, residential shelters for runaway and homeless youth, and any hotel/moteUapartment voucher
arrangement paid because the person is homeless. This term does not include persons living doubled up
or in overcrowded or substandard conventional housing. Any facility offering permanent housing is not
a shelter, nor are its residents homeless.
Small Related: A household of2 to 4 persons which includes at least one person related to the
householder by birth, marriage, or adoption.
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Substandard Condition: Housing not meeting the City of Miami Beach's Housing Code, containing
deficiencies such as holes in roof, faulty or non-existent plumbing, etc.
Substandard Condition and not Suitable for Rehab: By local definition, dwelling units that are in such
poor condition as to be neither structurally nor financially feasible for rehabilitation. (See also
"Substandard Condition.")
Substandard Condition-but Suitable for Rehab: By local definition, dwelling units that do not meet
standard conditions but are both financially and structurally feasible for rehabilitation. This does not
include units that require only cosmetic work, correction or minor livability problems or maintenance
work. (See also "Substandard Condition.")
Substantial Amendment: A major change in an approved housing strategy. It involves a change to the
five-year strategy, which may be occasioned by a decision to undertake activities or programs
inconsistent with that strategy.
Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the project in
excess of $25,000 per dwelling unit.
SUDDortive Housing: Housing, including Housing Units and Group Quarters, that have a supportive
environment and includes a planned service component.
SUDDortive Service Need in FSS Plan: The plan that PHAs administering a Family Self-Sufficiency
program are required to develop to identify the services they will provide to participating families and
the source of funding for those services. The supportive services may include child care; transportation;
remedial education; education for completion of secondary or post secondary schooling; job training;
preparation and counseling; substance abuse treatment and counseling; training in homemaking and
parenting skills; money management and household management; counseling in home ownership; job
development and placement; follow-up assistance after job placement; and other appropriate services.
SUDDortive Services: Services provided to residents of supportive housing for the purpose of facilitating
the independence of residents. Some examples are case management, medical or psychological
counseling and supervision, child care, transportation, and job training.
Tenant-Based (Rental) Assistance: A form of rental assistance in which the assisted tenant may move
from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not
for the project.
Total Vacant Housing Units: Unoccupied year round housing units. (U.S. Census definition.)
Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not
designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets,
parks, alleys).
Vacant Awaiting OccuDancv or Held: Vacant year-round housing units that have been rented or sold and
are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters
for occasional use. (U.S. Census definition.)
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Vacant housing Unit: Unoccupied year-round housing unit that is available or intended for occupancy at
any time during the year.
Very Low-Income: Households whose incomes do not exceed 50 percent ofthe median area income for
the area, as determined by HUD, with adjustments for smaller and larger families and for areas with
unusually high or low incomes or where needed because of prevailing levels of construction costs or fair
market rents. (This term corresponds to low income households in the CDBG Program.) (For the
purpose of further distinguishing within this category, two subgroups (0 to 30% and 31 to 50% ofMFI)
have been established in the CHAS tables and narratives.)
Worst-Case Needs: Unassisted, very low-income renter households who pay more than half of their
income for rent, live in seriously substandard housing (which includes homeless people) or have been
involuntarily displaced.
Year Round Housing Units: Occupied and vacant housing units intended for year round use. (U.S.
Census definition.) Housing units for seasonal or migratory use are excluded.
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