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Unidad of MB Grants Agreement .., \) _/1. .. COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND UNIDAD OF MIAMI BEACH, INC. D/B/A MIAMI BEACH msp ANIC COMMUNITY CENTER This Agreement made and entered into this I st day of October, 200 I, by and between the CITY OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and UNlDAD OF MIAMI BEACH, INC. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER, 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 I, 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 oflow and moderate income; and WHEREAS, the One-Year Action P.lan 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 200112002, the necessity for engaging the Provider to render the following services in Miami Beach: PROJECT LINK (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 ill 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. PROJECT LINK (570.208(a)(1 )/570.201( e)) To provide information and referral services for approximately 3,600 low income and limited English speaking population. Within the Information and Referral project, the program will offer immigration services, emergency cash assistance, and crisis intervention. Section 3. Agreement Amount: The City agrees to make available Forty Thousand DoRars ($40,000) for use by the Provider during the term of the Agreement. L ",' Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. 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. Method of Payment and Reporting Requirements: The Provider agrees to submit monthly Program progress reports to the City on the 10th 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 1. Attachment 1Il 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/br 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 ofthe CDBG funds referenced herein. 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. 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 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 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. 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. 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 Qrant Program. "Benefits" under this section means financial assistance, public services, jobs and access to new or rehabilitated housing and 2 .~. . .. 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 I, 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 terminat\on. 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 ofthis 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 3 .,.' . .. Section 13. Section 14. Section 15. withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; and (Hi) 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 ofthe 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 ofthe 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 nonc~celable; 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. 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. 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. 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 ~570.200G). 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. 4 ~. . .' Section 16. Section 17. I J, L 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. 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 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 570.50,2, 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-IIO (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 84.5I(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. Section 19. Section 20. Sponsorships: The Provider agrees that all notices, infonnational 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 NEIGHBORHOOD SERVICES DEPARTMENT" shall appear in the same size letters or type as the name of the Provider. 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 offunds 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 offour (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. 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 7 Section 21. 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 ofthe 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 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 ofaction 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 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 his/her insurance company. 8 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 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 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 ofthe 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 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 ofthe 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 ofthe City Attorney: City: Joanna Revelq, Director Community Development Division 9 Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Margarita Cepeda, Executive Director Unidad of Miami Beach, Inc. d/b/a Miami Beach Hispanic Community Center 1701 Normandy Drive Miami Beach, FL 33141 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. UNIDAD OF MIAMI BEACH, INC. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER (1ilY~~:.t~oL ~~r~ City Clerk MARGARITA CEPEDA, Typed Name and Title Executive Director APPROVED AS 10 FORM & LANGUAGE & FOR EXECUTION F:\DOHP\$ALL\L YSSETTE\ACTPLAN\200I..o2\contracls\Unidad\Project Link.doc 10 ~H-~-P( . i ttomey DB . CDBG AGREEMENT October 1, 2001 to September 30, 2002 ATIACHMENT I STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM To provide infonnation and referral services for low income and limited English speaking population. Within the infonnation and referral project, the program will offer immigration services, emergency cash assistance and crisis intervention. PROGRAM GOALS AND MEASURABLE OUTCOMES 1. Increase the number of clients serviced by the program by 50% 2. To recruit, hire and train a full-time social worker and an infonnation and referral specialist. The information and referral specialist will provide better links to services, and the full time social worker will provide crisis intervention, emergency assistance, food vouchers, bus tokens and family mediation. 3. Develop a bilingual resource handbook specific to Miami Beach and the needs of incoming residents. 4. In partnership with The American Project funded by Dade Community Foundation, organize a community event to promote civic responsibility. SCHEDULE FOR IMPLEMENTATION Goal 10/2001 1112001 12/2001 1/2002 2/2002 3/2002 4/2002 5/2002 6/2002 7/2002 812002 9/2002 I X X X X X X X X X X X X 2 X X X 3 X 4 X X \\CH2\VOL1\DDHP\$ALLIL YSSETTE\ACTPLAN\2001-02\contracls\UnidadlUNIDAD Project Link Attachment I.doc Page 1 of1 CDBG AGREEMENT October 1, 2000 to September 30, 2001 ATTACHMENT II BUDGET SUMMARY SHEET Project Name: Proiect Link Funding Year: 2001/2002 Provider Name: UNIDAD of Miami Beach. Inc. Date Submitted: Category Category Breakdown Number 1 Salaries and Benefits 2 E ui ment LeaselPurchase 3 Operating Expenses 4 5 6 7 8 9 10 11 Total CDBGIESG Funds Total Other Funds Grand Total CDBGIESG Other Funds Other Funding Total Funds Funds Sources $25,074.49 $93,213.39 TEC,Knight $118,287.88 Foundation $3,465.75 $15,152.25 TEC,NSCERC $18,618.00 $11,459.76 $24,633.34 TEC, MBPD, $36,093.10 NSCERC $172,998.98 Page I of4 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Proiect Link Funding Year: 2001/2002 Provider Name: UNIDAD of Miami Beach. Inc. Date Submitted: Cateeorv Amount Category Category Breakdown CDBG/ESG Other Funds Total Funds Number Funds 1 Executive Director Salary $15,955.00 $34,045.00 $50,000.00 ($50,000 Del' veal' x 32%) 1 Accountant ($47,000 per year x 10%) $ 4,700.00 $42,300.00 $47,000.00 1 Social Security $ 1,580.11 $ 5,840.39 $ 7,420.50 1 Unemplovrnent $ 29.34 $ 110.66 $ 140.00 1 Worker's Compensation $ 1,489.48 $ 5,935.98 $ 7,425.46 1 Group Health Insurance $ 1,076.25 $ 4,059.75 $ 5,136.00 1 Group Dental Insurance $ 75.44 $ 284.56 $ 360.00 1 Group Disability Insurance $ 118.59 $ 447.33 $ 565.92 1 Group Life Insurance $ 50.28 $ 189.72 $ 240.00 Total Amount $25,074.49 $93,213.39 $118,287.88 Page 2 of 4 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Proiect Link Funding Year: 2001/2002 Provider Name: UNIDAD of Miami Beach. Inc. Date Submitted: Cate20rv Amount Category Category Breakdown CDBG/ESG Other Funds Total Funds Number Funds 2 Eauipment Lease/Purchase $3,465.75 $15,152.25 $18,618.00 (Includes phone rental and copy machine rental) -.- . Total Amount $3.465.75 $15.152.25 $18,618.00 Page 3 of 4 CDBG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Proiect Link Funding Year: 200112002 Provider Name: UNIDAD oCMiami Beach, Inc. Date Submitted: Cate20rv Amount Category Category Breakdown CDBG/ESG Other Funds Total Funds Number Funds 3 Operatimi EXDenses 3 Audit $ 4,000.00 $ 0.00 $ 4,000.00 3 General Insurance $ 1,632.81 $ 9,252.19 $10,885.00 3 Electricitv $ 685.95 $ 1,248.00 $ 1,933.95 3 Postage $ 525.83 $1,469.17 $ 1,995.00 3 Printing Costs $ 964.20 $ 463.80 $ 1,428.00 3 Office Supolies $ 3,650.97 $12,200.18 $15,851.15 Total Amount $11,459.76 $24,633.34 $36,093.10 Page 4 of 4 ",' . 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 (Le., 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 it 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. Ifthe 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 II, including an analysis of expenses to budget. A cash advance may be available upon special request. F:\DDHPI$ALLIL YSSETTEIACTPLANI200 1-02\BoilerplateslAttachmentllI.doc Page 1 of 1 ." .: . m ICMB Budget Account 132.5415.000345 MonthlYear CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINANCIAL STATUS REPORT Provider: Unidad of Miami Beach Project Name: Proiect Link Date Submitted: Title: Signature: Reporting Period: Person Submitting Report: CDBG Year 27 $40,000 FY 2001/2002 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 .. ~1?pr~vil;(Fl()~ CMB 1!J~~6Dly)1 CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MONTHLY NARRATIVE AND CLIENT PROFILE REPORT Project Name: Proiect Link Date Submitted: Signature: Provider: Unidad of Miami Beach Reporting Period: Person Submitting Report: 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 Income Range Ethnicity Female Special ,HOH Needs' New YTD 50% 80% White Not Black Not Hispanic American Asian/Pacific (VLI)' (LM)' Hispanic Hispanic Indian Islander/Other Oct. Nov. Dec. Jan. Feb. . March April May June July Aug. Sept. Total Notes: (I) 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\VOLl \DDHP\$ALLlL YSSETTE\ACTPLAN\200 1-02\Boilerplates\Progress Report PS and ED.doc .' .: .. '. 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 AcH42 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 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 of7 .' .: 4- 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 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 ofthe 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 Enterorise: Under Executive Orders 11625, 12432 and 12138, the City and the Provider must prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)). Labor Requirements The Provider must comply with certain regulations on wage and labor standards. In the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for construction (in the case of residential construction, projects with eight or more units) triggers the requirements. . Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers employed in construction work under Federally-assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance, and excludes from the wage requirements apprentices enrolled in bona fide apprenticeship programs. . Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides that mechanics and laborers employed on Federally-assisted construction jobs are paid time and one-halffor 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. . Cooeland (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? .' . 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 ofthe 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? ,." 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. ill. ENVIRONMENTAL REQUIREMENTS The City is responsible for meeting a number of environmental requirements, including environmental reviews, flood insurance, and site and neighborhood standards. Environmental Review The City is responsible for undertaking environmental reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non- exempt activities. Private citizens and organizations may object to the release of funds for CDBG projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70- 58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be diligent about meeting procedural requirements. Flood Insurance Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG funds shall not be provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazard, unless: The community is participating in the National Flood Insurance Program, or it has been less than a year since the community was designated as having special flood hazards; and Flood insurance is obtained. IV. LEAD-BASED PAINT On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead- Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and Community Development Act of 1992. Sections 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? ." '. . 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 govemment, 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 I, 1978, when lead paint was banned for residential use · Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there · Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories or military barracks . Property that has been found to be free of lead-based paint by a certified lead-based paint inspector . Property where all lead-based paint has been removed . Unoccupied housing that will remain vacant until demolished . Non-Residential property . Any rehabilitation or housing improvement that does not disturb a painted surface TYPES OF HOUSING SUBJECT TO 24 CFR 35 . Federally-Owned housing being sold . Housing receiving a federal subsidy that is associated with the property, rather than with the occupants (project-based assistance) . Public housing . Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or certificate) · Multifamily housing for which mortgage insurance is being sought . Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs If you want copies of the regulation or have general questions, you can call the National Lead Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also download the regulation and other educational materials at http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755- 1785, ext. 104, or e-mail HUD at lead regulations@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 WIm 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 00 .' 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 Moderate Income* $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 LOWIMODERATE INCOME DATA SOUTHERN TARGET AREA Census Tract Total UM Persons Total Persons % LowlMod 40.00-5 310 448 69.20 41.01-1 614 757 81.11 41.01-2 2,137 4,002 53.40 41.01-3 810 1,511 53.61 42 10,042 13,736 73.11 43 6,728 9,582 70.21 44 10,774 13,244 81.35 45 1,768 2,307 76.64 TOTAL 33,183 45,587 73% LIM NORTHERN TARGET AREA Census Tract Total LIM Persons Total Persons % LowlMod 39.oI-l 603 1,036 58.20 39.oI-2 620 836 74.16 39.oI -3 407 468 86.97 39.01-4 518 772 67.10 39.01-5 1,593 2,256 70.61 39.01-6 1,581 2,240 70.58 39.02-1 704 897 78.48 39.02-2 876 1,187 73.80 39.02-3 211 211 100.00 39.02-4 1,564 2,097 74.58 39.05-2 2,408 3,346 71.97 39.05-4 2,401 3,071 78.18 TOTAL 8,677 12,000 72% UM F:\DDHP\SALLIL YSSETTEIACTPLAN\2001-02\BoilerplateslAttachment IV Final.doc Page 7 of7 CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: UNlOAD OF MIAMI BEACH. INC. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B-OI-MC-12-0014 Date: December 03. 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. UNIDAD OF MIAMI BEACH. INC. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER ~LQ J:bd. Sign re f ~ l)ecen1her 3,;( 00 I . Oete13~I. l'Fgeo1 Date @) MARGARITA CEPEDA Print Name of Authorized Signatory MARGARITA CEPEDA, Executive Director Print Title of Authorized Signatory Page 1 of 1 ,. . CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS Name of Recipient: CITY OF MIAMI BEACH UNIDAD OF MIAMI BEACH. INC. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER Name of Sub-recipient: Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B-OI-MC-12-0014 Date: December 03. 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): 1701 NORMANDY DRIVE MIAMI BEACH, FLORIDA 33141 UNIDAD OF MIAMI BEACH. INC. D/B/A MIAMI BEACH mSPANIC COMMUNITY CENTER D .~e""ber 3,.;too I @J G<aWBCl!' 1,__0001 Date MARGARITA CEPEDA Print Name of Authorized Signatory MARGARITA CEPEDA, Executive Director Print Title of Authorized Signatory Page 1 of 1 ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE CDBG CONTRACT YEAR 27. Fiscal Year 200112002 NAME OF FIRM, CORPORATION, OR ORGANIZATION UNlOAD OF MIAMI BEACH. INe. D/B/A MIAMI BEACH HISPANIC COMMUNITY CENTER AUTHORIZED AGENT COMPLETING AFFIDAVIT MARGARITA CEPEDA POSITION Executive Director PHONE NUMBER (3..Q}) 867-0051 I, MARGARITA CEPEDA , 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 compiles 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 11, 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. AND SWORN TO (or affinned) before me on December 03, 2001 Date December 03, 2001 by (Date) -D1~~(.t ~~ ffiant) He/She is personally known to me or has as identification. (Type of identification) (State) Notary Seal er C\O~bq5 (ser~er) . ~1~L\ (Expiration Date) 'VETTE CHAVARRIA MY COMMISSION # CC 908695 EXPIRES: February 8, 2004 Bonded Thru Notary Public Ul'IoerwritefS The City of Miami Beach will not award a contract to any finn, corporation or organization that fails to complete and submit this Affidavit with the finn, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami Beach. Page 1 of I ... 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 offunds to a specific project to undertake specific activities. Communitv Development 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: (I) is expected to be oflong-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 V.S.C. 6001-6006). The term also includes the surviving member or members of any household described in the first sentence of Page I of7 this paragraph who were living in an assisted unit with the disabled member of the household at the time of his or her death. Elderly 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. 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 ayailable from the Census based upon that definition) is dictated. (See also "Homeless Family.") . Family Self-Sufficiency (FSS) Program: A program enacted by Section 554 of the National Affordable Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (!HAs) 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 RUD's rental assistance programs who, at the time they seek housing assistance are involuntarily displaced, Iiying 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. (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.) Grouo Ouarters: Facilities providing living quarters that are not classified as housing units. (U.S. Census Page 2 of7 ,.-' definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and shelters. HOME: The HOME Investment Partnerships Program, authorized by Title 11 ofthe National Affordable Housing Act. Homeless Family: 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 I C requests nonduplicative accounts of households that meet one or more ofthese 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 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 ofHUD'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.) Page 3 of? 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-Elderly 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-incom~ 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.) Physical 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. Page 4 of7 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. Secondarv 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 of2 to 4 persons which includes at least one person related to the householder by birth, marriage, or adoption. Page 5 of7 '- '. -,. . . 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 offurther distinguishing within this category, two subgroups (0 to 30% and 31 to 50% of MFI) have been established in the CRAS 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 displa~ed. 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. Page 7 of? '- > RESOLUTION NO. 2001-24517 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR FISCAL YEAR 200112002, WInCH INCLUDES THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. THE 'HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AND THE EMERGENCY SHELTER GRANTS (ESG) PROGRAM; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS NECESSARY TO IMPLEMENT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANTS (ESG) ACTMTIES, WHICH WERE INCLUDED AS PART OF THE ONE-YEAR ACflON PLAN, AS FOLLOWS: TWENTY-NINE (29) CDBG SUB-RECIPIENT AGREEMENTS, TWO (2) CDBG INTERDEPARTMENTAL COOPERATION AGREEMENTS; TWO (2) ESG INTERDEPARTMENTAL COOPERATION AGREEMENT; AND TIlREE (3) ESG SUB-RECIPIENT AGREEMENTS; AUTHORIZING THE ADMINISTRATION AND THE OFFICE OF THE CITY ATTORNEY TO MAKE MINOR NON- SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION; AMENDING CERTAIN AGREEMENTS, AS SET FORm IN THE BODY OF THIS RESOLUTION, FOR FISCAL YEAR 199912000, 1998/1999, 1997/1998, AND 1996/1997 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL FUNDS WHEN RECEIVED. WHEREAS, the City of Miami Beach is an entitlcment recipient offederaI fannuIa grant programs, as follows: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG), and has been for the last 27 years; and WHEREAS, this year, the City anticipates it will receive a total of $4,59 I ,000 in federal grants from HUD, as follows: 52,867,000 in CDDG funds, $1,626,000 in HOME funds; and $98,000 in ESG funds; and WHEREAS, for Fiscal Year 200112002, the City anticipates that its subrccipients will receive approximately $300,000 in program income, which said subrecipients will retain and use in furtherance of their CDBG.funded activities; and WHEREAS, the One-Year Action Plan is a federal requirement which serves as both a planning document for the City's intended use of these funds and as an application to the U.S. Department of Housing and Urban Development (HUD) for continued funding under the federal formula grant programs (CDBG, ESG and HOME); and WHEREAS, a planning process begun on February 1,2001 with the issuance of a Request for Proposals (RFP) for the use of federal funds and during this planning process, the Administration and the Community Development Advisory Committee (CDAC) received public input regarding areas of need, as they relate to housing and community development needs and priorities for the City with a pre- '-. to. .. development public hearing held on February 27, 200] to obtain citizen input on the needs within the community; and WHEREAS, the requests for funding proposals for the COBG and ESG programs were reviewed and analyzed by both the Administration and the COAC to prepare the One-Year Action Plan; and WHEREAS, this year, for the first time, the Committee on the Homeless was asked to provide input regarding proposals selected for funding in the area of homeless continuum of care needs, which recommendations were adopted by the CDAC and the Administration, and included in the final recommendations; and WHEREAS, the resulting Plan outlines a funding strategy to address meeting the identified needs in a prioritized manner; and WHEREAS, the Plan was available for public review and comment and its availability was advertised in local newspapers, on the City's cable channel, and on the City's web site during a thirty (30) day public comment period, which began June 1,2001 and ended June 30, 2001; and WHEREAS. to further encourage public participation, the Administration, together with the CDAC, held and conducted a public hearing on June 26, 200 J. to obtain comments and input from citizens, relative to the One-Year Action Plan, and related documents, to be submitted to the U.S. Department of Housing and Urban Development by the City of Miami Beach, with no comments being received contrary to the activities and funding proposed for Fiscal Year 2001-2002; and WHEREAS, as part of the allocation process, the City is tasked with reprogramming prior years' CDBG funds that remain unspent at the end of the fiscal Year, amounts to be reprogrammed from non-public service activities involve multi-year capital improvement projects, such as streetscape improvements, housing rehabilitation, and public facilities improvements, which traditionally have carried over funds from the year funds were awarded until the programs or activities were completed; and WHEREAS, the necessary amendment to the Agreements set forth below, reflecting the aforestated change, is a routine administrative procedure that the City undertakes from time to time to ensure that Federal funds are used in a timely manner that provides the greatest benefit for the low and moderate income residents of Miami Beach; and WHEREAS, the following Agreements will be amended to extend the expiration dates of said Agreements to September 30, 2002 to allow for the activities contemplated therein to be completed: I. Miami Beach Community Development Corporation Preservation and Rehabilitation Program, dated October 1, 1999, to provide grants for fB98de improvements; 2. Miami Beach Community Development Corporation South Beach Residential Neighborhood - Public Space Improvements Program, dated October I, 1997, October 1,1998, and October I, 1999, to complete Phase n of a two-phase project that wil~vide streets cape improvements in the 500 Block of Espanola Way and the 600 Block of 14 Place; 3. North Beach Development Corporation North Beach F~ Renovation Program, dated October I, 1999, to provide grants for eligible fa~de improvements and the correction of code violations. 4. City of Miami Beach Public Works Department North Beach Streetscape Program and 7?th ~:"'__'" J Street Extension, dated October I, 1998, to coordinate and prioritize needed street improvements projects in the northern Community Development target areas. 5. City of Miami Beach Fire Station Number 4 Rehabilitation, dated October I, 1998 to rehabilitate Fire Station Number 4. 6. City of Miami Beach Multi-Family Housing Rehabilitation Program, dated October I, 1996, October I, 1997, October 1,1998, and October 1, 1999, to rehabilitate multi-unit buildings and upgrade the existing housing stock; and 7. City of Miami Beach Planned Repayment of Section 108 Loan, dated October 1,1999, to repay the principal balance of Section 108 loan; and WHEREAS, the Administration recommends that the City extend the expiration date for the aforestated Agreements, to continue to provide much needed capital improvement projects with the necessary funding for project completion. WHEREAS, the City Manager is the designated agent for the fonnula grants and executes the grant applications, grant agreements, and other applicable HUD documents; and WHEREAS, upon Commission approval, the One-Year Action Plan will be forwarded to the U.S. Department of Housing and Urban Development on or before the August 16, 200 I deadline. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Mayor and City Commission adopt the City's One-Year Action Plan For Fiscal Year 2001/2002, which includes the budgets for the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (Home) program, and the Emergency Shelter Grants (ESG) program; authorizing the Mayor and City Clerk to execute agreements neCessary to implement the Community Development Block Grant (CDBG) and Emergency Shelter Grants (ESG) activities, which were included as part of the One-Year Action Plan, as follows: twenty-nine (29) CDBG Sub-Recipient Agreements, two (2) CDBG Interdepartmental Cooperation Agreements; two (2) ESG Interdepartmental Cooperation Agreements; and three (3) ESG Sub-Recipient Agreements; authorizing the Administration and the Office of the City Attorney to make minor non- substantive changes to the One-Year Action Plan or resulting Agreements before execution; amending certain Agreements, as set forth in the body of this Resolution, for Fiscal Year 1999/2000, 1998/1999, 1997/1998, and 199611997 for the Community Development Block Grant Program to extend the expiration dates of said Agreements; authorizing the City Manager to execute all applicable documents and submit the One-Year Action Plan to the U.S. Department of Housing and Urban Development (HUD) and authorizing the appropriation of all federal funds when received. PASSED AND ADOPTED THIS 18th day of July of2001. , ATIEST: MAYOR ~t~~ CITY CLERK APPROVED MTO FORM & LANGUAGE a FOR EXECUTION IICH2\VDL IIDDIIPISALLIL YSSET'I'EIAC1'l'LAN\2OO1.....-.....doc ~~ 7-lrkJI ~D8D 1_ .... ." CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAM] BEACH. FLORIDA 33] 39 http:\\ci.mi..,,;.beaoh.lI.u. TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. 1M-v I Mayor Nelsea O. Kasdln and Members of the City C01IIIIliI,loD Jorae M. Gonzalez \ _ ~ City Manaaer U t'~ 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR AcrION PLAN FOR FISCAL YEAR 200112002, WHIm INCLUDES THE BUDGETS FOR THE COMMlJNITYDEVELOPMENT BLOCK GRANT (CDoo) PROGRAM, THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, AND THE EMERGENCY SHELTER GRANTS (ESG) PROGRAM; AUTHOlUZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS NECESSARY TO IMPLEMENT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND EMERGENCY SHELTER GRANTS (ESG) ACTIVITIES, WHICH WERE INCLUDED AS PART OF THE ONE-YEAR ACTION PLAN, AS FOLLOWS: TWENTY-NINE (29) CDBG SUB- RECIPIENT AGREEMENTS, TWO (2) CDOO INTERDEPARTMENTAL COOPERATION AGREEMENTS; TWO (2) ESG INTERDEPARTMENTAL COOPERATION AGREEMENT; AND THREE (3) ESG SUB-RECIPlENT AGREEMENTS; AUTHORIZING THE ADMINISTRATION AND THE OFFICE OF THE CITY ATrORNEYTO MAKE MlNOR.NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION; AMF:NDING CERTAIN AGREEMENTS, AS SET FORm IN THE BODY OF THIS RESOLUTION, FOR FISCAL YEAR 199912000,1998/1999,1997/1998, AND 1996/1997 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO EXl'END THE EXPIRATION DATES OF SAID AGREEMENTS; AUTHOlUZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.s. DEPARTMENT OF HOUSlNG AND URBAN DEVELOPMENT (BUD) AND AUTHORIZING THE APPROPRIATION OF ALL FEDERAL FUNDS WHEN RECEIVED. DATE: July 18, 2001 ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANAL VSlS The City of Miami Beach is an entitlement recipient of federal formula grant programs from the U,S. Department of Housing and Urban Development (HUD), as follows: Community Development Block Grant (COBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). HUD determines fimding to entitlement cities through a formula that considers the City's demographics and the income levels of its residents, based on the decennial census data. This year, the City anticipates it will receive a total of $4,591,000 in federal grants from HUD, as follows: $2,867,000 in CDBG fimds, $1,626,000 in HOME timds; and $98,000 in ESG funds. Additionally, the City anticipates that its subrecipients will receive approximately $400,000 in program income, which will be retained and applied to their CDBG-funded activities. AGENbAl'l'EM C ~p DATE 7 - f-O I ""- '. ~ COMMISSION MEMORANDUM JULY 18,2001 PAGE 3 services, and services for the homeless). For Fiscal Year 200112002 that amount is $576,600. For a detail of these activities, see Exhibit A, pages 6-9. The second calculation is the amount of CDBG funding available for distribution for capital improvements, housing and commercial rehabilitation, affordable housing programs, code compliance and the removal of architectural barriers/ADA compliance. For Fiscal Year 2001/2002 that amount is $1,137,000. For a detail of these activities, see Exhibit A, pages 9-10. Finally, the City determined the amount available to address other priorities, not administered by subrecipients. For Fiscal Year 200112002 that amount is $1,153,400. Activities in this category include funding for City of Miami Beach Housing Programs, the Planned Repayment of the Section 108 Loan, Planning and Administration of the CDBG program, and Fair Housing Activities. For a detail of these activities, see Exhibit A, pages 9-10. Prior year funded activities that have been allowed to be carried over from the original award date have been included in the One-Year Action Plan. The Agreements for those activities will be amended to extend the expiration dates of the Agreements to September 30, 2002, to allow for activities to be completed. For details, see Exhibit A pages 10-11. The amendment to the above referenced Agreements is a routine administrative procedure that the City undertakes from time to time to ensure that federal funds are used in a timely manner that provides the greatest benefit for the low- and moderate-income residents of Miami Beach. HOME Investment Partnerships (HOME) Program. The HOME Investment Partnerships Program funds both nonprofit and for-profit affordable housing developers, including the City's designated Community Housing Development Corporation (CHDO), Miami Beach Community Development Corporation. HOME Program funds are utilized to upgrade the housing stock and to provide rental and home ownership opportunities on a citywide basis. For detail of funded activities see Exhibit A, page 13. Emergency Shelter Grants (ESG) Program - The majority of the ESG program funds are to provide shelter beds, outreach, and other supportive services for the homeless population of Miami Beach. This is consistent with the City's Continuum of Care strategy, as outlined in the City's adopted Consolidated Plan. The Administration recommends that the homeless prevention category be funded at its maximum 30% of available funding, due to the overwhelming need for emergency rental vouchers and/or utility assistance. For detail of funded activities see Exhibit A, page 12. According to HUD guidelines, the City Manager is the designated agent for all the formula grants and executes the Grant Applications, the Grant Agreements, and other applicable HUD documents. The Neighborhood Services Department coordinates the planning, preparation, submission and monitoring of the One-Year Action Plan. The Administration recommends approval of the Plan. Upon Commission approval, the Plan will be submitted to HUD on or before the August 16,2001 deadline. Also upon Commission approval, the City Manager will execute Agreements, as necessary to implement activities described in the Plan. Finally, upon Commission approval, the City Manager will execute amendments to extend expiration dates of certain Agreements, as described in the body of this Memorandum, to continue to provide the capital improvement projects with the necessary funding for project completion, also as described in the One-Year Action Plan for Fisca e~1I2002. " ~&~~-