Housing Oppt Project for ExcCOMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
This Agreement made and entered into this I" day of October, 2001, by and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC., 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: FAIR HOUSING EDUCATION AND OUTREACH INITIATIVE (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and 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 IV contains applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement the activities in accordance with
the Budget, as described in Attachments I and II.
FAIR HOUSING EDUCATION AND OUTREACH INITIATIVE
(570.208 (a)(1)/570.206 (c))
To provide a Fair Housing Education Program which will include a minimum of nine (9)
fair housing education and outreach workshops, seminars and/or presentations to housing
providers and groups involved in housing and related issues. The workshops will be
designed to educate and inform participants about local, state and federal fair housing
laws. The workshops will be held at City Hall and other locations in Miami Beach.
Section 3. Agreement Amount: The City agrees to make available Seven Thousand Five Hundred
and 00/100 dollars ($7,500) from Program Year Twenty Seven (27) CDBG funds and
Seven Thousand Five Hundred and 00/100 dollars ($7,500) from Fiscal Year
2001/2002 HOME funds. Such funds must be expended during the term of the
Agreement and any remaining balance of funds shall revert to the City. Such
compensation shall be paid in accordance with the Budget attached hereto and made a part
hereof as Attachment II.
Section 4. 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. Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the 10h 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 I.
Attachment III contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by the City in the event of Program
changes; the need for additional information or documentation arises; and/or legislative
amendments are enacted. The Provider shall be informed, in writing, if any changes
become necessary. Reports and/or requested documentation not received by the due date
shall be considered delinquent and shall 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.
Section 6. Monitoring: The City shall 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.
Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of Community Development Block Grant funds
from the U.S. Department of Housing and Urban Development (HUD) and must be
implemented in full compliance with all of HUD's rules and regulations. It is expressly
understood and agreed that in the event of curtailment or non -production of said federal
grant funds, the financial sources necessary to continue to pay the Provider all or any
portions of the funds contemplated herein will not be available, and that this Agreement
will thereby terminate effective as of the time that it is determined by the City, in its sole
discretion and judgement, that said funds are no longer available. In the event of such
determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the performance
of this Agreement and all of the parties hereto shall be released from further liability each
to the other under the terms of this Agreement.
Section S. Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable federal regulations as they may apply to program
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable. It shall be the Provider's sole and absolute responsibility to familiarize itself
with any and all such applicable federal regulations, as well as any and all applicable state
and local laws and ordinances.
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Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the 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.
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 of termination. Additionally, Provider
shall be solely responsible for submitting a final report, as provided in Section 5 of the
Agreement, detailing all Program objectives, activities and expenditures up to 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 fundg.
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 of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the sub -recipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default.
Such notification shall include: (i) actions taken by or to be taken by the City, such as
withholding of payments; (ii) actions to be taken by the Provider as a condition precedent
to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no
more than fifteen (15) days from notification date. In the event that Provider fails to
correct such deficiency within the aforestated 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 of the 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
§570.2000). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in 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.
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.
Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any
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).
Section 17. Conformity to HUD 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-110 (implemented at 24 CFR Part 84,
"Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other Non -Profit Organizations") or the related CDBG
provision, as specified in this paragraph:
a Subpart A - "General';
5
b Subpart B - "Pre -Award Requirements", except for §84.12, "Forms for Applying
for Federal Assistance";
c Subpart C - "Post -Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shall follow the standards
of §§ 85.20(b)(7) and 85.21 in making payments to sub -recipients;
(2) Section 84.23, "Cost Sharing and Matching;
(3) Section 84.24, "Program Income" - In lieu of § 84.24, CDBG sub -recipients
shall follow § 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, 'Real Property" - In lieu of §84.32, CDBG sub -recipients shall
follow § 570.505;
(6) Section 84.34(g), 'Equipment" - In lieu of the disposition provisions of §
84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro -rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub -recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance';
(8) Section 84.52, "Financial Reporting';
(9) Section 84.53(b), 'Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in § 84.53(b) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of § 84.61, CDBG
subrecipients shall comply with § 570.503(b)(7); and
d Subpart D - "After -the -Award Requirements" - except for § 84.71, "Closeout
Procedures".
6
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research reports,
and similar public notices prepared and released by the Provider for, on behalf of, and/or
about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE
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 of this
Agreement, the Community Development Block Grant Program, and all applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
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.
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 of four (4) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the four
year period, the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, of the address where the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often as City
and/or Federal Government representatives may deem necessary, the Provider shall make
available all records, documentation, and any other data relating to all matters covered by
the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
standards of OMB A-133, "Audits of Institutions of High Education and Other Non -Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is closed -out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City 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 of the 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 of this thirty (30) day
requirement is secured from the City Administration.
The Provider shall maintain and carry in fall 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.
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
his/her insurance company.
f. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
g. Original Certificates of Insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and/or throughout the duration of the
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 of Insurance are inadequate to ascertain
compliance with required coverage. All of Provider's certificates, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage of the policy.
Section 22. Conflict of Interest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the 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 if legal
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
Provider: William Thompson, Jr., President and C.E.O.
Housing Opportunities Project for Excellence, Inc.
18441 NW Second Avenue, Suite 218
Miami, FL 33169
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this Agreement, so that its liability for any such
breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of $10,000, less the amount of
all funds actually paid by the City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, which amount shall be reduced by the
amount of the funding actually paid by the City to Provider pursuant to this Agreement,
for any action or claim for breach of contract arising out of the performance or
nonperformance of any obligations imposed upon the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
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.
Nyvor
MIAMI BEACH
U4,LJ
City Clerk
F:\DDHP\SALL\LYSSETI'E\ACTFLAN\2001-02\contracu\BOPE\CDBG Cmimn doc
HOUSING OPPORTUNITIES PROJECT FOR
EXCELLENCE, INC.
Authorized Signatory
William Thompson, Jr.
Typed Name and Title
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To fund a set-aside for H.O.P.E., Inc. to provide a Fair Housing Education Program. This activity will be
funded through a line item in the CDBG Administration budget and will be supplemented with a $7,500
set-aside of HOME Program Funds.
H.O.P.E., hic.'s Fair Housing Education and Outreach Initiative is designed to overcome the effects of
conditions that limit fair housing choice, provide essential and detailed fair housing information,
enforcement, counseling and referral services to all residents in the City of Miami Beach. Program
activities ensure that the general public and protected classes become aware of fair housing laws and the
means available to seek redress for fair housing rights violations, especially those at risk of experiencing
housing discrimination based on their protected class status: e.g., race, color, religion, sex, disability,
familial status, and national origin, age, marital status, or sexual orientation. The initiative is also
structured to furnish developers, real estate brokers, property managers, financial institutions and the
media advertising industry with the most current information necessary to comply with fair housing laws
and to become fully aware of the existence, nature, extent and causes of fair housing issues. The initiative
will also assist the City of Miami Beach in completing the Consolidated Plan's certification to undertake
fair housing planning, by formulating and implementing its Action Plan to overcome identified
impediments to fair housing choice.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Conduct 10 fair housing workshops for community based organizations.
2. Conduct 4 workshops for housing providers.
3. Conduct 2 workshops for the benefit of persons with disabilities.
4. Operate a housing discrimination telephone "Helpline".
5. Publish and distribute H.O.P.E. Forum (quarterly fair housing newsletter.)
6. Provide fair housing information at display booths at 2 community fairs or housing fairs.
7. Conduct fair housing public information campaign.
SCHEDULE FOR IMPLEMENTATION
I Goal 10/2001 11/2001
1 X X
2
I3
I4 X IX
I5 X i
16 1 1
12/2001 1/2002
X
X
2/2002 3/2002
X X
X
X X X
X
4/2002 5/2002 6/2002 7/2002 8/2002
X X X
X
X
X X
X
X
7 IX I X I X
FADDHP\SALLLYSS$TTE\ACTP -WU001-02\contractAF OPEWttachment Ldoc
Page 1 of 1
57
M
X X
X
9/2002
X
X
X
X
�i4
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name: Fair Housing Education & Outreach Initiative Funding Year: 2001/2002
Provider Name: H.O.P.E.. Inc. Date Submitted:
Category Category Breakdown
Number
1 Salaries
2 Benefits
3
Other
Other Funding
4
Funds
I
5
Funds
6
Miami -Dade
7
8
County OCED,
9
$221 862
'
10
I
11
and Agency
Total CDBG/HOME
Funds
Total Other Funds
Grand Total
CDBG/HOME
Other
Other Funding
Total
Funds
Funds
Sources
Funds
Miami -Dade
County OCED,
$13,000
$221 862
'
City of Miami,
U.S. HUD FHP
$234 862
'
and Agency
Generated Income
Miami -Dade
County OCED,
$29000
$37,915
City of Miami,
$399915
U.S. HUD FHP
and Agency
Generated Income
II
I
Page 1 of 3
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Fair Housing Education & Outreach Initiative Funding Year: 2001/2002
Provider Name: H.O.P.E.. Inc. Date Submitted:
Page 2 of 3
Category Amount
Category
Category Breakdown
CDBG/HOME Other
Total
Number
Funds
Funds
Funds
I
Salaries
I
Direct Labor
I
Vice President of Fair Housing
$2,000
$56,350
$58,350
($2,244 biweekly x 26 pay periods x 3.4%)
I
Manager, Education and Outreach
$5,000
$30,202
$35,202
($1,354 biweekly x 26 pay periods x 14.2%)
I
Fair Housing Specialist II
$1,500
$31,460
$32,960
($1,268 biweekly x 26 pay periods x 4.6%)
I
I Indirect Labor
I
IPresident and CEO
I $2,000
$48,000
$50,000
($1,923 biweekly x 26 pay periods x 4%)
I
Vice President of Finance
$2,500
$55,850
$58,350
(2,244 biweekly x 26 pay periods x 4.3%)
i
Total Amount
I $139000
I $ 221,862
$2349862
Page 2 of 3
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Fair Housing Education & Outreach Initiative Funding Year: 2001/2002
Provider Name: H.O.P.E.. Inc. Date Submitted:
Category
Number
2 Benefits
Category Breakdown
Category Amount
CDBG/HOME Other Total
Funds Funds Funds
2
FICA (7.65%)
$994
$16,973
$17,967
2
Unemployment (3.5% of $7,000 for each
$0
$1,225
$1,225
employee)
2
Worker's Compensation (0.56% of Gross
$0
$1,315
$1,315
Salaries)
2
Group Insurance ($2,033 per employee)
$620
$9,545
$10,165
2
Retirement
$386
$8,857
$9,243
Total Amount
Page 3 of 3
$29000 1 $379915 1 $399915
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 of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists), and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used.
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 HUD
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 H, including an analysis
of expenses to budget. A cash advance may be available upon special request.
F:\DDHP\$ALL\LYSSETTE�ACTPLAN\2001-02\Boilerplates\Attachment 111.doc
Page 1 of 1
1CMB Budget Account 132.1931.000349 ( Month/Year
MW CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider: Housing Oaoortunities Proiect for Excellence. Inc. Project Name: Fair Housing Educ.&Outreach Initiative
Reporting Period: Date Submitted:
Person Submitting Report: Title:
Signature:
Month
October 2001
November 2001
December 2001
January 2002
February 2002
March 2002
April 2002
May 2002
June 2002
July 2002
August 2002
September 2002
CDBG Year 27
FY 2001/2002
Budget Amount
Description
$7,500
Expenditures
Available Funds
Amount Requested
This Payment
Approval (For CMB Use Only)
Year to Date Expenses
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Provider: Housin¢ ODDortunitles Proiect for Excellence Project Name: Fair Housing Educ&Outr Init.
Reporting Period: Date Submitted:
Person Submitting Report: 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.)
Month Goal
Met Not Met
October
November
December
January
February
March
Month Goal
Met Not Met
April
May
June
July
August
September
In the space below, describe any problem, which may have affected your performance during the reporting period. Attach
additional pages, if necessary and describe any special circumstance encountered, recognition or award received during the
reporting period.
II. Client Profile Report
Month Clients
New YTD'
Oct.
Nov.
Dec.
Jan.
Feb.
March
April
May
June
July
Aug.
Sept.
Total
Income Range Ethnicity
50% 80% White Not Black Not HispanicI American ' Asian/Pacific
(VLI)Z (LM) 2 Hispanic Hispanic Indian Islander/Other
Female Special
HOH Needs'
Notes: (1) YTD indicates Year to Date. This number equals prior monthly figures + current monthly figures. (2) VLI indicates very -low
income. LM indicates low/moderate-income. (3) Special Needs includes elderly/frail elderly persons, persons with AIDS, persons with
disabilities, homeless persons, and families participating in programs to achieve economic self-sufficiency.
\\CH2\VOLI\DDHP\$ALL\LYSSETTE\ACTPLAN\2001-02\Boilerplates\Progress Report PS and ED.doc
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRI IINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
• Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et sea.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
• Eaual Onvortunity in Housing (Executive Order 11063. as amended by Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
• Age Discrimination Act of 1975. As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Communitv 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 fiords 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 7
• 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 fust 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 Housine Act: Multi -family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
• Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
• The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally -funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
Page 2 of 7
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.
• Eaual EmDlovment OpDortunity. 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 Housine and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service area/
• Minoritv/Women's Business Entemrise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis -Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
• Davis -Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally -assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safetv 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.
CoDeland (Anti -Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
Page 3 of 7
• 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 of 24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
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 of 7
May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower -tier
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead -
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead -Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead -
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
Page 5 of 7
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.eov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead reeulations0hud.aov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the 'Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, 'Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate -income household is defined as: a household
Page 6 of 7
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
Moderate Income*
Low Income**
1 Person
$25,550
$15,950
2 Persons
$29,200
$18,250
3 Persons
$32,850
$20,500
4 Persons
$36,500
$22,800
5 Persons
$39,400
$24,600
6 Persons
$42,300
$26,450
7 Persons
$45,250
$28,250
8 Persons
$48,150
$30,100
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract
Total L/M Persons
Total Persons
% Low/Mod
40.00-5
310
448
69.20
41.01-1
614
757
81.11
41.01-2
2,137
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
459587
73% L/M
NORTHERN TARGET AREA
Census Tract
Total L/M Persons
Total Persons
% Low/Mod
39.01-1
603
1,036
58.20
39.01-2
620
836
74.16
39.01-3
407
468
86.97
39.01-4
518
772
67.10
39.01-5
1,593
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
129000
72% L/M
F:\DDHP\$ALL\LYSSETTE\ACfPLAN\2001-02\Boileiplates\Attachment N Final.doc
Page 7 of 7
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub -recipient: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE. INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B -01 -MC -12-0014
Date: November 27, 2001
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub -awards shall
certify and disclose accordingly.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE. INC.
Signature ' Date
William Thompson, Jr.
Print Name of Authorized Signatory
Page 1 of 1
President & CEO
Print Title of Authorized Signatory
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub -recipient: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE. INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B -01 -MC -12-0014
Date: November 27. 2001
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):
18441 NorthWest 2nd Avepue
Suite 218
Miami, Florida 33169
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE. INC.
`X1
Signature
William Thompson. Jr.
Print Name of Authorized Signatory
Page 1 of I
Date
President & CEO
Print Title of Authorized Signatory
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 27. Fiscal Year 2001/2002
NAME OF FIRM, CORPORATION, OR ORGANIZATION HOUSING OPPORTUNITIES
PROJECT FOR EXCELLENCE, INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION President & CEO
I William Thompson, Jr.
William Thompson, Jr.
PHONE NUMBER 30 651-4673
being duly first swom 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.
11/27/01
Signature Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on November 27, 2001 by
(Date)
William Thompson, Jr. He/She is personally known to me or has
(Affiant)
presented Florida Driver's License
(Type of identification)
(Print or Stamp Name of Notary)
as identification.
CC 894685
(Serial Number)
December 12, 2003
(Expiration Date)
,o•" "''•.,, Miladys Guerrero
NotaryPublic Florida (State) Notary Seal =� � ; Commteeton � CC 894685
" Eapiree Dec. 12, 2003
Bonded Thru
�"'a „ `• AtlenticBondingCo.,Inc.
The City of Miami Beach will not award a contract to any firm, corporation or organization that 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.
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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.
Communitv Develonment 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 if he 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
tern 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 of the 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 of the
household or spouse is at least 62 years of age.
Elderlv Person: A person who is at least 62 years of age.
Existins 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.")
Familv Self-Sufficiencv (FSS) Program: A program enacted by Section 554 of the National Affordable
Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IRAs) 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 Buver: 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 92 1) 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. (U.S. Census
definition).
Frail Elderlv: 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.)
Group Ouarters: Facilities providing living quarters that are not classified as housing units. (U.S. Census
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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
defmition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost
burden greater than 30%. Table 1C 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.)
Institutions/Institutional: 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 of HUD'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, except that
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 of the 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 Activity: 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 CIAP: 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 Occuvied 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 -- 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%.
Severe 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/motel/apartment 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 of 2 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.
Suunortive Housing: Housing, including Housing Units and Group Quarters, that have a supportive
environment and includes a planned service component.
SnDDortive 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.
Suonortive 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 Occunancv 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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M
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 of the 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% of NIFI)
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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