MBCDC Housing Counseling
COMMUNI'fY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEArn COMMUNITY DEVELOPMENT CORPORATION
This Agreement made and entered into this 1st day of October, 2003, by and between the CITY
OF MIAMI BEACH"a F1ori~ municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH COMMUNI'tY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as patt of its Community Development Block Grant Program for the period
October 1,2003, to September 30, 2004 (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 eoonomic 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.
2003-25305 on July 30, 2003; !and
WHEREAS, the City!has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2003/2004, the ne~essity for engaging the Provider to render the following services in Miami
Beach: Housing Counseling (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Agreement D,cuments: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement:
. Attachmeht I contains a description of the Program service and goals offered by the
Provider. ~
. Attachmeitt n is a line item budget.
. Attachmeht ill outlines financial inanagement procedures and reporting forms for use
with Community Development Block Grant funds. '
. Attachmeht N 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 n.
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Housing Cou..-liDg
(570.208(a)(3)1570.20 1 (k))
To provide hO$ing counseling to first-time home buyers in the City of Miami Beach. The
project will pr~vide counseling to qualified income-eligible individuals and families
participants in ~e HOME-funded homebuyer assistance program.
Section 3. Agreement ~ount: The City agrees to make available FORTY TIIOUSAND
DOLLARS ~ 00/100 ($40,000) for use by the Provider during the term of the
Agreement. :
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Section 4.
Section S.
Section 6.
Section 7.
Section 8.
Section 9.
Alterations: ~y proposed alterations in the Program offered by the Provider and/or the
budget shall fiist be submitted to and approved in writing by the City, said approval at the
City's sole judgement and discretion.
Method ofpajrment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the lOth day of each month, throughout
the term ofthill Agreement. The Provider also agrees to submit, on September 30, 2004, 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 m:contains reporting fomis 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 ate enacted. The Provider shall be informed, in writing, if any changes
become necesiWy. 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 terminate the
Agreement for; cause, pursuant to Section 12,herein.
Monitoring: The City, at its discretion, shall schedule no less than one (1) annual on-site
monitoring visit with the Provider to evaluate the progress and performance of the
Program and to provide technical assistance; and/or a desk top review of the activities may
be con4ucted 4t lieu of an on-site visit, if and only if, the agency has bad a satisfactory on-
site review in the previous program year, and is not a high risk agency.
Additional Cqnditions and Compensation - It is expressly understood and agreed by the
parties hereto tpat monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of CotnmWlity Development Block Grant funds
from the U.S. bepartment of Housing and Urban Development (HUD) and mustbe
implemented ill full compliance with all ofHUD's rules and regulations. It is expressly
Wlderstood and agreed that in the event of curtailment or non-production of said federal
grant funds, th~ financial sources necessary to continue to pay the Provider all or any
portions ofthe!funds contemplated herein will not be available, and that this Agreement
will thereby ~ate 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, fue Provider agrees that it will not look to, nor seek to hold liable, the City
nor any indivi4ual member of the City Commission and/or City Administration thereof
personally for the performance of this Agreement and all of the parties hereto shall be
released from l;\u1her liability each to the other Wlder the terms of this Agreement.
Compliance lljith Local, State and Federal Regulations - The Provider agrees to
comply with aU applicable federal regulations as they may apply to program
administration ~d to carry out each activity in compliance with the laws and regulations
as described in: 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local (City and COWlty) laws and
ordinances her~ applicable. It shall be the Provider's sole and absolute responsibility to
continually faDriliarize itself with any and all such applicable federal regulations, as well
as any and all ~pplicable state and local laws and ordinances.
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Restrictions f~r Certain Resident Allens - Certain newly legalized aliens, as described
in 24 CFR ParIj 49, are not eligible to apply for benefits under covered activities funded by
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the Community Development Block Grant Program. "Benefits" Wlder this section means
financial assis~ce, public services, jobs and access to new or rehabilitated housing and
other facilities made available Wlder activities funded by the CDBG Program. "Benefits"
do not include ~elocation services and payments to which displacees are entitled by law.
Section 10. Subcontract: ~o part of this Agreement may be assigned or subcontracted without the
prior written c~nsent of the City, such consent to be at the City's sole discretion and
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judgement. .
Section 11. Term: This Agreement shall remain in effect from October 1, 2003, through September
30, 2004, with ithe Wlderstanding that at the end of any fiscal year during the term herein,
the City ofMi4IDi Beach City Connnission has the authority to reappropriate any
remaining Wl~ funds. .
Section 12. Termination <<if Agreement:
12.1 Termin~tion for Convenience: The City and Provider agree that this Agreement
may be telnrlnated 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
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oftermin,tion. Additionally, Provider shall be solely responsible for submitting a
fmal report. as provided in Section 5 of the Agreement, detailing all Program
o1:ijective~, activities and expenditures up to the effective date of the termination.
Said "fm~l report" shall be due within five (5) working days following the effective
date ofth~ termination. Upon timely receipt of Provider's "final report", the City, at
its sole dil<<:retion, shall determine the amoWlt (if any) of CDBG funds to be returned
to'the CitY as a result of any incomplete Program items and/or items not satisfactorily
perform~ and shall provide Provider with written notice of any monies due. Said
monies sJ:!al.l be due immediately and payable upon receipt of such notice by
Provider. ~otwithstanding the preceding, the City reserves any and all legal rights
and reme~es it may have with regard to recapture of the CDBG funds herein, or any
assets ac~uired or improved in whole orin part with said funds.
12.2 Termin~tion for Cause: Notwithstanding Subsection 12.1 above, the City may also
place the Provider in default of this Agreement, and may suspend or terminate this
Agreem~t, for cause. "Cause" shall include, but not be limited to, the following:
a.
b.
c.
d.
Fjrllure to comply and/or perform in a material way, as same shall be
d~termined by the City in its sole discretion and judgement, in accordance
~th the terms of this Agreement, or any Federal, State, CoWlty or City
s~tute or regulation.
S\1binitting reports to the City, which are late, incorrect or incomplete in any
njaterial respect.
bpplementation of this Agreement, for any reason, is rendered impossible or
~. feasible.
F ilure to respond in writing to any concerns raised by the City, including
bstantiating documents when required/requested by the City.
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Section 13.
Section 14.
Section 15.
e. AnY evidence of fraud, mismanagement, and/or waste, as determined by the
Qity's monitoring of the sub-recipient, and applicable HUD rules and
r~gulations.
The City shall hotify the Provider in writing when the Provider has been placed in default.
Such notificatiim shall include: (i) actions taken by or to be taken by the City, such as
withholding o~paymentsj (ii) actions to be taken by the Provider as a condition precedent
to clearing the peficiency; and (Hi) a reasonable date for compliance, which shall be no
more than fifteFn (15) days from notification date. In the event that Provider fails to
correct such d~ficiency within the aforestated period, and following such notice from the
City, this Agrebment shall be considered terminated for cause by the City, without further
notice to Provider.
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12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on, the funds by HUD, this Agreement will terminate, effective as
of the ~e 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 al~owable unless the City expressly authorizes them in the notice of
suspensidn or termination, or subsequent thereto. Other costs during suspension or
after terr$nation which are necessary and not reasonably avoidable are allowable if,
in the sole discretion of the City:
a.
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'Ilhe costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and,
uj.. the Case of termination, are noncancelable; and
1the costs would be allowable if the award were not suspended or expired
nPt'mally at the end of the funding period in which the termination takes
effect.
b."
In th~ event o~termination of the Agreement, ~t its sole discretion! the City ~y require
PrOVIder to u-arsfer any CDBG assets to the CIty pursuant to Section 16 herem.
Equal Emplotment Opportunities: The Provider shall comply with equal employment
opportunities ~s stated in Executive Order 11246, entitled "Equal Employment
Opportunity" ~ amended Executive Order 11375, and as supplemented in Department of
Labor regulati\JI1s.
Program Incqme: Any "Program Income" (as such term is defined Wlder applicable
federal regula~ons) gained from any activity of the Provider, funded by CDBG funds shall
be reported to \:he City and utilized by the Provider in the operation of the CDBG-ftmded
activity durin~ the term of this Agreement.
Re6giO.US O~anizatiOn or Ow. ned Property: CDBG funds may be used by religious
organizations on property owned by religious organizations only with prior written
approval from .the City and only in accordance with requirements set in 24 CPR
~570.20O(j). Jite Provider shall comply with First Amendment Church/State principles, as
follows: ~. ,
a. It will not . Scrimina.te against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons 0 tlte basis ofrelimon.
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b. It will not Iliscriminate 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 pro~de no religious instruction or counseling, conduct no religious worship or
services, C11gage in no religious proselytizing, and exert no other religious influence in
the provisipn of such public services.
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d. The portion of a facility used to provide public services assisted in whole or in part
Wlder this f..greement 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 ~y facility which is owned by the Provider and in which public services
are to be ~ovided. However, minor repairs may be made if such repairs are directly
related to !he 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 1-ssets: 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 ori hand at the time of termination or expiration and any account receivable
"attributable to the use ofCDBG funds.
Any real prop~ under the Provider's control that was acquired or improved in whole or
in part with C~BG funds (including CDBG funds provided to the Provider in the form of
a loan) in exce~s of$25,OOO must either:
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a. Be use~ to meet one of the national objectives in 24 CFR 570.208 (formerly
secti~ 570.901) Wltil five years after expiration of the term of this Agreement, or
for sucib longer period of time as determined to be appropriate by the City and as
memon.alized by the City and Provider in an amendment to this Agreement or
such Uistrument as the City, at its discretion, determines appropriate; or
b. Ifnot tfsed in accordance with the above subsection (a), the Provider shall pay to
the CitY an amoWlt equal to the current market value of the property less any
. portion of the value attributable to expenditures ofnon-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the
period ~ftime specified in subsection (a).
Section 17. Conformity t~ HUn regulations: The Provider agrees to abide by guidelines set forth by
the U.S. Department of Housing and Urban Development for the administration and
implementatiorj. of the Community Development Block Grant Program, including
appl~cable Uniform Administrative. Req~irements set forth in 24 CFR 57.0.502, and
apphcable fedejrallaws and regulations m 24 CFR 570.600, et seq. In this regard, the
Provider agree$ that duly authorized representatives of the U.S. Department of Housing
and Urban Dellopment shall have access to any books, do cuments, papers. and records of
the Provider th t are directly pertinent to this Agreement for the purpose of making audits,
examinations, xcerpts and transcriptions. The Provider shall comply with the
requirements d standards of OMB Circular No. A-122, "Cost Principles for Non-profit
Organizations"l or OMB Circular No. A-21, "Cost Principles for Educational Institutions"
as applicable. The Provider shall comply with the following provisions of the Uniform
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Administrative requirements of OMB Circular A-II 0 (implemented at 24 CFR Part 84,
"Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG
provision, as specified in this paragraph:
a. Subpart A - "General";
b. Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying
for Federal Assistance";
c. Subp~ C - "Post-Award Requirements", except for:
"(1) Section 84.22, "Payment Requirements" - Grantees shall follow the standards
Oh3 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 of3 84.24, CDBG sub-recipients
shall follow 3 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu oh84.32, CDBG sub-recipients shall
follow 3 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions oh
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 84.5 1 (b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
" (8) Section 84.52, "Financial Reporting";
(9) S~ction 84.53(b), "Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in 3 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;
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(10) Section 84.61, "Termination" - In lieu of the provisions oh 84.61, CDBG
~ubrecipients shall comply with 3 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" - except for 3 84.71, "Closeout
Procedures" .
Section 18. Sponsorships~ The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Program, research reports,
and similar pu~lic notices prepared and released by the Provider for, on behalf of, and/or
about the Progtam, shall include the statement:
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Section 19.
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOP$NT BLOCK GRANT PROGRAM"
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In written ma~als, the words
,
"CITY OF ~ BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT F"lJ$s ADMINISTERED BY THE NEIGHBORHOOD
SERVICES ~EPARTMENT"
shall appear inithe same size letters or type as the name of the Provider.
Examiitation +fRecords: The Provider shall maintain sufficient records in accordance
with 24 CFR 5170.502 and 570.506 to determine compliance with the requirements of this
Agreement, th~ Community Development Block Grant Program, and all applicable laws
and regulatioru!. This documentation shall include, but not be limited to, the following:
Booksj records and dOcuments in accordance with generally accepted acCOWlting
principles, procedures and practices, which sufficiently and properly reflect all
reven,*s and expenditures of funds provided directly or indirectly by this
"Agree$.ent, including matching funds and Program income. These records shall
be maiPtained to the extent of such detail as will properly reflect all net costs,
direct ~d indirect labor, materials, equipment, supplies and services, and other
costs apd expenses of whatever nature for which reimbursement is claimed Wlder
the provisions of this Agreement.
Time sheets for split-fimded employees, which work on more than one activity, in
order th record the CDBG activity delivery cost by Program and the non-CDBG
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related! charges.
How l' e Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibi ity requirement(s) under which funding has been received, have been met.
These , Iso include special requirements such as necessary and appropriate
determ!inations as defined in 24 CFR 570.209, income certifications, and written
Agree$ents with beneficiaries, where applicable.
The Provider i~' responsible for maintaining and storing all records pertinent to this
Agreement in orderly fashion in a readily accessible, permanent and secured location
for a period of our (4) years after expiration of this Agreement, with the following
exception:. if ~y litigation, claim or audit is started before the expiration date of the four
year period, th~ records will be maintained Wltil all litigation, claims or audit findings
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b.
c.
Section 20.
Section 21.
involving thesf records are resolved. The City shall be informed in writing after closeout
of this Agreentent, of the address where the records are to be kept.
Audits and ~pections: At any time during normal business hours, and as often as City
and/or FederaliGovemment representatives may deem necessary, the Provider shall make
availab1e all r~ords, documentation, and any other data relating to all matters covered by
the Agreemen~ for review, inspection or audit.
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Audits shall bt1 conducted annually and shall be submitted to the City 180 days after the
end of the Pro~der's fiscal year. The Provider shall comply with the requirements and
standards ofOMB A-133, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (a!s set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Govkmnents" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is 4losed-out prior to the receipt of an audit report, the City reserves the right
to recover any ~sallowed costs identified in an audit after such closeout.
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Indemnificati~nIInsurance Requirements: The Provider shall indemnify and hold
harmless the qty, its officers, employees and agents, from any and all claims, liability,
losses and cauSes of action which may arise out of an act, omission, negligence or
misconduct onlthe part of the Provider or any of its agents, officers, servants, employees,
contractors, paJrons, guests, clients, licensees or invitees pursuant to this Agreement
and/or the Proltram. The Provider shall pay all claims and losses of any nature whatsoever
in conn~ction t:herewith and shall defend all suits in the name of the City, when applicable,
and shall pay aIn costs (including attorney's fees) and judgements which may issue
thereon. This lndemnification shall survive the termination and/or expiration of term of
this Agreement.
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The Provider shan not commence any work and/or services pursuant to thjs Agreement
Wltil all insur~ce 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 ~e City's Risk Manager within thirty (30) days after the execution of this
Agreement, thi!s Agreement shall become null and void and the City shall have no
obligation Wld~ the terms thereof unless a written extension of this thirty (30) day
requirement is ~cured from the City Administration.
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The Provider sltall maintain and carry in full force during the term of this Agreement
and/or throughbut the duration of the Program contemplated herein, whichever is longer,
the following iPsurance: .
. Gen~ Liability Policy with coverage for Bodily Injury and Property Damage, in
the am Wlt of$l,OOO,OOO single limit. The policy must include coverage for
contra tualliability to cover the above indemnification. .
WortJ..s Compensation and Employers Liability, as required pursuant to Florida
Statu~. .
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a.
b.
c.
AUto~. bile and vehicle coverage shall be required when the use of automobiles
and 0 er vehicles are involved in any way in the performance of the Agreement.
. Limits for such coverage shall be in the amount of $500,000.
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d.
The qty of Miami Beach shall be named as an additional insured under all such
insura.JjIce contracts and City of Miami Beach Resolution No. 2003-25305 shall be
referenced in the certificate.
e.
Thirty., (30) day written notice of cancellation or substantial modification of the
insuralilcecoverage must be given to the City's Risk Manager by the Provider and
hislhetj insurance company.
The iJurance must be furnished by insurance companies authorized to do
busi~~~s in the State of Florida, and approved by the City's Risk Manager. The
compapies must be rated no less than "B+" as to management, and not less than
"ClassYI" as to strength by the latest edition ofBesfs Insurance Guide, published
by A.~. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
. appro'f<il of the City's Risk Manager.
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OriginM Certificates of Insurance for the above coverage must be submitted to the
City's :tusk Manager for approval prior to any work commencing. These
certifiQates will be kept on file in the Office of the Risk Manager, Third Floor City
Hall. i
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g.
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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; which~ver 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 ~o that effect, given by the insurance carrier to the City, and that the
insurance carrij:!' will not invoke the defense of performance of a governmental function
by the Provid9- in performing this contract. .
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Compliance with the foregoing requirements shall not relieve the Provider of the liabilities
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and obligation~ Wlder this Section or Wlder any other portion of this Agreement. The City
shall have the tjight to obtain from the Provider specimen copies of the insurance policies,
in the event tMt submitted Certificates of Insurance are inadequate to ascertain
compliance with required coverage. All of Provider's certificates, above, shall contain
endorsements J/t"oviding that written notice shall be given to the City at least thirty (30)
days prior to tepnination, cancellation or reduction in coverage of the policy.
Section 22. Conffict of IntFrest: The Provider covenants that no person Wlder its employ who
presently exercjises any functions or responsibilities in connection with CommWlity
Development tpnded activities has any personal financial interests, direct or indirect, in
this Agreemenl The Provider Covenants that in the performance of this Agreement, no
person having $uch conflicting interest shall be employed. The Provider covenants that it
will comply wij:h all provisions of24 CFR 570.611 "Conflict of Interest", and the Federal,
State, COWlty ~d City of Miami Beach statutes, regulations, ordinances or resolutions
governing co~icts of interest. The Provider shall disclose, in writing, to the City any
possible confli4ting interest or apparent impropriety that is covered by the above
provisions. TIlls disclosure shall occur immediately upon knowledge of such possible
conflict. The 1ity will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This A~ement shall be enforceable in Miami-Dade COWlty, Florida, and iflegal
action is neceSllRrY by either party with respect to the enforcement of any or all of the
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terms or conditions herein, exclusive venue for the enforcement of the same shall lie in
Miami-Dade COWlty, Florida.
Section 24. Notices: All notices required Wlder 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
Housing and CommWlity Development Division
Neighborhood Services Department
. City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Roberto Datorre, President
Miami Beach COmDlWlity Development Corporation
945 Pennsylvania Avenue
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can pltce a limit on City's liability for any cause of action for money damages
due to an alleg~d breach by the City of this Agreement, so that its liability for any such
breach never eiceeds 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 dmtract to be limited to a maximum amoWlt 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 iunOWlt in excess of $10,000, which amoWlt shall be reduced by the
amoWlt of the ~ding actually paid by the City to Provider pursuant to this Agreement,
for any action ~ claim for breach of contract arising out of the performance or
nonperfor'man(je of any obligations imposed upon the City by this Agreement. Nothing
contained in thts subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver ofj:he limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
This Agre~t shall ~e binding upon all parties hereto and their respective heirs, executors,
administrators, successors and ,assigns.
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In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agre~ment in three (3) copies, each of which shall be deemed an original on the
date fIrst above written.
fUbr ~~~
CITY CLERK
BEACH, FLORIDA
ATfEST:
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
A1J~it:...,.~MTORY
Robl!rto Datorre. President
NAME AND TITLE OF AU1HORIZED
SIGNATORY
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CY\CONTRA~_eow.tina.doc
APPROVED /IS TO
FORM & LANGUAGE
& FOR EXECUTION
~ f,h,j;j
. City Atto e V" Date
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CDBG AGREEMENT
October 1, 2003 to September 30, 2004
ATTACHMENT I
,STATEMENT OF WORK AND GOALS
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DESCRIPTION OF PROGRAM
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To provide housing counselin~ to participants in the HOME-funded homebuyer assistance program.
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The project will provide houstng counseling to 60 qualified income-eligible individuals and families
participants in the HOME-funfed homebuyer program. Miami Beach Community Development
Corporation (MBCDC) will provide housing counseling to 60 qualified income-eligible individuals and
families. MBCDC will provi~ counseling on a one on one basis or group counseling, which will provide
the necessary education to hofe buyers about selecting their homes, mortgage terms, credit scoring,
fmancing, responsibility ofho~eownership, and other topics, as required by Fannie Mae and U.S. HUD
guidelines. Successful partici~ants will be awarded a certificate of attendance, which will assist them in
obtaining Fannie Mae mortgages at advantageous rates. MBCDC will provide hand outs for participants
to use as reference during the ~ome buying process.
PROGRAM GOALS AND MEASURABLE OUTCOMES
,
,
1. Advertise the program.
2. Take applications.
3. Open appointmentlpre\-qualification.
4. Provide one-on-one c1Wlseling or group counseling/seminars. These will be held five times per
month on October, Ndvembet, December and January, and ten times per month on February,
,
,
March, April, JWle, July, August and September.
i
5. Closings.
i
SCHEDULE FOR IMPLE~NTATION
I
Goal 1012003 1112003 i21f003 1/2004 2/2004 3/2004 412004 5/2004 6/2004 7/2004 812004 9/2004
1 !
;
2
3 I
I
4 X X X, . X X X X X X X X X
5
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P'\NEIG\IISo-cD\MIlRCY\CON~I.""Co"'.doc
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Page 1 ofl
CDBG AGREEMENT
October 1,2003 to September 30, 2004
ATTACHMENT ill
GUIDELINES FOR FJ/NANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
FINANCIAL MANAGEMEkT SYSTEM
,
I
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and (complete disclosure of the fmancial status of the activity. This means the
financial system must be capa~le of generating regular financial status reports which indicate the dollar
amount allocated for each acti{rity(including any budget revisions), amount obligated (Le., for which
contract exists), and the amo~t expended for each activity. The system must permit the comparison of
actual expenditures and reven~es against budgeted amoWltS. The City must be able to isolate and to trace
every CDBG dollar received apd prove where it went and for what it was used.
I
The City is responsible for revfewing and certifying the fmancial management of any operating agency,
which is not a City departmen~ or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's ~stem does not meet these requirements and modifications are not
possible, the City must admini~ter the CDBG funds for the operating agency.
SUPPORT FOR EXPENDJ1'URES
Sufficient support for expense~ depends on the type of expenditure. They normally include the following
items:
.
Salaries (should be suppotted by proper documentation in personnel files of hire date, position,
duties, compensation, rais,s with effective date, termination date, and similar type information. Non-
exempt employees are req~ired by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet
indicating the hours workt1d on CDBG projects for each pay period. Based on these time sheets and
the hourly payroll costs fot each employee, a voucher statement indicating the distribution of payroll
charges should be prepare4 and placed in the appropriate files.)
.
,
Employee Benefits (shou~ be supported by personnel policies and procedures manual, describing
the types of benefits, eligi~i1ity and other relevant information.)
!
. ProCessional Services (sh~uld be supported by a complete and signed copy of the contract between
the organization and the injdependent contractor, describing at the minimum, period of service, type of
service and method for paFents, in addition to the invoice from the private contractor.)
i
. Purchases (at a minimu~ purchases should be supported by a purchase order, packing list and
vendor invoice. Credit c~ statements, travel itineraries, vendor statements, and similar items do not
represent support for an efense.)
RECORDS !
,
Accounting records must be s~orted by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the likelmust be secured and retained for four years in order to show for what
I
F:INEJG\HSG-CDIMERCY\Attachment III CDSG.doc
Page lof2
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
AUDITS
For years beginning after JWlei 30, 1996, all nonprofit organizations, state governments, and local
governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in
a year in Federal awards must have a single or program-specific audit.
One copy of the sub-recipient br vendors' audited financial statement shall be submitted to the City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditeesmust submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A-
133. The deadline for this sub'mission is the earlier of the 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in advance by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
1201 E. lOth Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac@census.gov
Web: http://harvester.census.l!:ov/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients wil~ be on a reimbursement basis. Requests are to be submitted utilizing the
enclosed financial status, client profile, and narrative report forms, in a format consistent with the
approved budget as shown in Attachment IT, including an analysis of expenses to budget. A cash advance
may be available upon special request. All requests must be submitted to:
Joanna Revelo, Director
Housing and CommWlity Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
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F:\NEIOIHSO-COIMERCY\Al1achment IiI COBO.doc
Page 2 af2
-
-
ICMB Uudget Account 134.5658.000345 I MonthlYearl
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
lQ
Provider: Miami Beach Commooit)-- Development Corp.
Reporting Period:
Project Name: Housing Counseling
Date Submitted:
CD.G Year 29
FY 1200312004 $40,000
Budget Amount
Month This MIonth Year to Date Balance
Oct-03 $ . - $ - $ 40,000.00
Nov-03 $ , - $ - $ 40,000.00
Dec-03 $ . . $ - $ 40,000.00
Jan-04 $ - $ - $ 40,000.00
Feb-04 $ , - $ - $ 40,000.00
Mar-04 $ . - $ - $ 40,000.00
Apr-04 $ . - $ - $ 40,000.00
.
May-04 $ . - $ . - $ 40,000.00
Joo-04 $ - $ - $ 40,000.00
Jul-04 $ , - $ - $ 40,000.00
Aug-04 $ - $ - $ 40,000.00
Sep-04 $ , - $ - $ 40,000.00
This Request
Attached you will fmd original invoicps or canceled checks plus copies of paid invoices to substantiate
the above expenditures. I certify that 1111 goods and services have been received, that they all fall within
the contractual scope of services and ~udget, and that these costs have not been paid previously by any
other funding source. I certify that su~stantially all program income received has been disbursed or will
be disbursed within 3 days of this req~est, in accordance with the provisions at 24 CFR 570.504 and that
the amount of this request is additionally needed to pay invoices as listed.
Authorized Signature
Name and Title of Person Submitting Report
~
,
!
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Project Name:
Date Submitted:
Signature:
Housinll Counsellnl!:
Provider: Miami Beach Community Development Com.
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 progre!js and client profile report for each distinct activity.
I
I. Monthly Progress Report - p~ease document the progress achieved during this month towards the project goals and
measurable outcomes that were o~ed in the Schedule for Implementation of the Statement of Work and Goals .
(Attachment I of the Agreement.) !
Month do.aI .
Met I Not Met
October ..
November . ,
December I
January ,
February : .
March ;
Month Goal
Met Not Met
Amil
Mav
June
Julv
AullUSt
Seotember
In the space below, descn"be any pj:oblem, which may have affected your performance during the reporting period. Attach
additional pages, if necessary and descn"be any special circumstance encountered, recognition or award received during the
reporting period. '
n. ClienfProIDe Report
Note
inco
disab
,
Month Clients Incom~ Range Ethnicity Female Special
, HOH Need~
New YfDI 50% ! 80% White Not Black Not Hispanic American AsianJPacific
fVw2i (LM) 2 Hisoanic Hisoanic Indian Islander/Other
Oct.
Nov. !
Dec. 1
Jan. !
Feb. I
March ,
Amil i
Mav
June
July I
AUIl; ,
Sem.
Total
s: (I) Y1D indicates Year to Date. 11 is number equals prior monthly figures + current monthly figures. (2) VLI indicates very-low
me. LM indicates low/moderate-incan e. (3) Special Needs includes elderly/frail elderly persOns, persons with AIDS, persons with
ilities, homeless persons, and families Participating in programs to achieve economic self-sufficiency.
F:\NBIG\HSG.CIl\MJlRC~IiDa_.doc
CDBG AGREEMENT
October 1, 2003 to September 30, 2004
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds ofrace, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG fund~. The Provider must take measure~ 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 Riszhts Act of 1964. As Amended (42 USC 2000d et sea.): States that no
person may be exduded 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 finan~ing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Equal Oooortuni~ in Housing (Executive Order 11063. as amended bv Executive Order
12259): Prohibits discrimination against individuals on the basis ofrace, color, religion, sex
. or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975. As Amended (42 USC 6101): Prohibits age discrimination
in programs receiv;ing Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housing and Community DeveloDment Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination Qllder any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Aftlrmative MarketiJig
The Provider must ado~t affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
· Methods for infoniling the public, owners and potential tenants about fair housing laws and
the Provider's poli<ties (for example: use of the Fair Housing logo or equal opportunity
language)j ,
· A description ofw~at owners and/or the Provider will do to affirmatively market housing
assisted with CDB~ funds;
Page 1 of7
. A description of ",hat owners and/or the Provider will do to inform persons not likely to
apply for housing jwithout special outreach;
. Maintenance ofrepords to document actions taken to affirmatively market CDBG-assisted
units and to asses~ marketing effectiveness; and
. A description ofhpw efforts will be assessed and what corrective actions will be taken where
requirements are ~ot met.
Equal Opportunity
The Provider must co ply with the following regulations that ensure equal opportunity for
employment and con ting.
. ual E 10 en Executive Order 11246 as amended: Prohibits
discrimination aga st any employee or applicant for employment because of race, color,
religion, sex or nat onal origin. Provisions to effectuate this prohibition must be included in
Page 2 of7
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 of the Hpusinl!: and Urban Develonment Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-i~come persons residing in the program service area. Also, to the greatest
extent feasible, coj1tracts for work (all types) to be performed in connection with CDBG will
be awarded to bus~ness concerns that are located in or owned by persons residing in the
program service ll1'ea.
. Minoritv/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 entiti~s owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requlrementsi
The Provider must corhply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the <;ontract 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 ~elated Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work ooder Federally-assisted contracts are paid wages and fringe
benefits equal to tJilose 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.
i
. Contract Work Hqurs and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics an4\i laborers employed on Federally-assisted construction jobs are paid time
and one-half for ~rk in excess of 40 hours per week, and provides for the payment of
liquidated damage~ where violations occur. This act also addresses safe and healthy working
conditions.
. Copeland (Anti-Ktckback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. M*es 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 subthit weekly payrolls and statements of compliance.
. Fair Labor Standatds Act of1938.As Amended (29 USC 201. et sea.): Establishes the basic
minimum wage fot all work and requires the payment of overtime at the rate of at least time
and one-half. It al~o 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 Pro~urement Practices
The CDBG program i~ 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-interes1 situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit
organizations rece~ving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
I
. Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the frovider) to comply with two different sets of conflict-of-interest
provisions. The fttst set of provisions comes from 24 CFR Parts 84 and 85. The second,
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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 provision~ at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement ofpropertjr
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 iliat no employee, officer, agent of the City or the Provider shall participate
in the sel~tion, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require tllat 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 mem~er of an employee's, agent's or officer's immediate family;
An emploree's, agent's or officer's partnerj or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG re~lations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered b* 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 ~ercises or has exercised any functions or responsibilities with respect to
CDBG activiqes or who is ina position to participate in decisions or gain inside
information:
May obtain a fmancial 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 requirem~t applies to covered persons during their tenure and for one year after
leaving the gr$tee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written t:equest, exceptions to both sets of provisions may be granted by HUD on a
case-by-case orly after the City has:
Disclosed ~he full nature of the conflict and submitted proof that the disclosure has
been mad~ public; and
Provided ~ legal opinion fromthe City stating that there would be no violation of
state or loeallaw if the exception were granted.
. Debarred contrac ' s: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirect yemploy, award contracts to or otherwise engage the services of any
contractor or suhre ipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of7
contractors or sub11ecipients against the Federal publication that lists debarred, suspended and
ineligible contract~rs.
m. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental review~, flood insurance, and site and neighborhood standards.
Environmental Revie:w
The City is responsibl~ for undertaking environmental reviews in accordance with the
requirements imposed ion "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Foods (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Pri~te citizens and organizations may object to the release of funds for CDBG
projects on certain proj;edural grounds relating to environmental review (see 24 CFR 58.70-
58.77). To avoid chal~enges, grantees (the City) and subrecipients (the Provider) should be
diligent about meetingjprocedural requirements.
Flood Insurance
Section 202 of the Fl~ Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be proYided to an area that has been identified by the Federal Emergency
Management Agency tEMA) as having special flood hazard, unless: The commooity is
participating in the National Flood Insurance Program, or it has been less than a year since the
commooity was desigrlated 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 \n 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). Tht regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint H~d 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 Poisonin~ Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated!housing.
The regulation sets h$ard 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 di~turbed to make sure the home is lead-safe. Specific requirements depend
on whether the housin~ is being disposed of or assisted by the federal government, and also on
the type and amount or financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY Ex:EMP1i' FROM LEAD-BASED PAINT REGULATION.
. Housing built sinc. January 1, 1978, when lead paint was banned for residential use
. Housing exclusive'y for the elderly or people with disabilities, unless a child under age 6 is
expected to reside P1ere
. Zero-bedroom dWfllings, including efficiency apartments, single-room occupancy housing,
dormitories or mil~Wy barracks
. Property that has been fOood to be free of lead-based paint by a certified lead-based paint
. . I
Inspector .1
. Property where all lead-based paint has been removed
I
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Page 5 of7
. 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 SUBJEcr 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 roD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
htto://www.hud.I!Ov/officeslleadJindex.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-IJ1!Iil HUD at lead re2Ulations{g-lhud.lJov.
V. DISPLACEMENT, ~LOCATION, ACQUISmON AND REPLACEMENT OF
HOUSING
CDBG projects involVing acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE Wlm NATIONAL OBJECTIVE
The Provider will ensUre and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Per~ns" and will provide services or activities that benefit at least 51 % low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same hpusehold shall each be considered as one-person households.
Low and Moderate I(ousebold Income Limits (Effective 12/1(/2001) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50% of Median Income) Median Family Income FY 2002: $48,200)
Household Size 30'Yo of Median Very Low-Income Low-Income
1 Person $10,100 $16,850 $27,000
2 Person $11,550 $19,300 $30,850
3 Person $13,000 $21,700 $34,700
4 Person $14,450 $24,100 $38.550
5 Person $15,600 $26,050 $41,650
6 Person $16,750 $27,950 $44,750
7 Person i $17,950 $29,900 $47,800
8 Person $19,100 $31,800 $50,900
Page 60f7
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 . 81.11
41.01-2 ; 2,137 4,002 53.40
41.01-3 , 810 1,511 53.61
42 i 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 I 33.183 45.587 73% UM
NORTHERN TARGET AREA
Census Tract Total IJM Persons Total Persons % Low/Mod
39.01-1 I 603 1,036 58.20
39.01-2 I 620 836 74.16
39.01-3 407 468 86.97
39.01-4 I 518 772 67.10
39.01-5 :' 1,593 2,256 70.61
39.01-6 I 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
P,\NI!Kl\IfSG.CD\RCY\CONTRAC1'4l~ IV CDBG.doe
Page 7 of7
CERTIFICATION OF
LEAD BASED PAINT REOUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or $ewer hookups
4. Installation oi'security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of
applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per ooit.
INSPECTION AND TESTING REOUlREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment
building to be rehabilitated, ifj:here is a family residing in one of the units with a child ooder seven years
of age with an identified eleva~ed blood level condition (concentration of lead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from
the floor or groood, such as:: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children ooder seven years of age, and all interior surfaces of a residential structure.
Lead content shall be teSted by using an x-ray fluorescence analyzer or other method approved by
HUD. Test readings of 1 mglqn or higher shall be considered positive for presence oflead based paint.
REOUlRED TREATMENT:
Treatment of lead based! paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room found to contain lead based paint must be treated before final
inspection and approval of w~k. Similarly, all exterior chewable surfaces must be treated when they are
foood to contain lead based pamt.
Minimum treatment inv6lves covering or removing the painted surfaces. Washing and repainting
without thorough removal or cqvering does not constitute adequate treatment.
Page 1 of2
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied.
Covering or replacing trim surfaces is also permitted.
Removal can be acconwlished by scraping, heat treatment (infrared or coil type heat guns) or
chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledg~ that I have read the specific requirements for lead based paint
contained in this Certificati~n, and understand that my organization's project eligibiUty depends
upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNp'Y DEVELOPMENT CORPORATION
Signa~~ ) --
-N tr"\!. t.\ I ?- 00 ~
Date
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CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
Grant Number:
B-03-MC-12-OO14
CFDA NumberfI'ltle:
14218/ COMMUNITY DEVELOPMENT BLOCK GRANT
N 0\1. '-\} 1,-DD 3
Date:
The oodersigned certifies, to ttte 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 oodersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, ljn officer or employee of Congress, or any employee of a Member of
Congress in connection ivith the awarding of any Federal contract, the making of any Federal grant,
the making of any Fedetalloan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, !Unendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. '
,
. 2. If any funds other than ~ederal appropriated funds have been paid or will be paid to any person for
influencing or attempt#J.g to influence an officer or employee of any agency, a Member of
Congress, an officer or j employee of Congress, or any employee of a Member of Congress in
connection with this Fe~eral contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Suindard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions. .
3. The oodersigned shall ~equire that the language of this certification be included in the award
documents for all sub-a'iVards at all tiers (including sub-contracts, sub-grants, and contracts ooder
grants, loans, and coopprative agreements) and that all individuals receiving sub-awards shall
certify and disclose accotdingly.
MIAMI BEACH coMMUNtrv DEVELOPMENT CORPORATION
,
~~
NCJ'I, 4, U)03
Date
Y-D~ rpd-o\Ne--
Print Name of Authorized Si~tory
':pve s{oLvrd-
Print Title of Authorized Signatory
Page 1 oft
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-03-MC-12-00 14
CFDA Numberrritie:
14218/ COMMUNITY DEVELOPMENT BLOCK. GRANT
NlN' 4, ~t>o '3
Date:
The Provider shall insert in th~ space provided below the site(s) expected to be used for the performance
of work ooder the grant covered by the certification:
Place of Performance (include :street address, city, COooty, state, zip code for each site):
M 0C,Dc.-
~lj\n~tvCL~ #UtM-L
MilL~~ ~3~1~
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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N6"'I, 4, 2-6o~
Date
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Print Title of Authorized Signatory
Page 1 of 1
ACKNOWLEDGE~NT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONfRACT REFERENCE : CDBG CONTRACT YEAR 29. Fiscal Year 2003/2004
NAME OF FIRM, CORP<j>RATION, OR ORGANIZATION MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORi\TION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSmON ::{LYt~
I, 1?-0 1'1--0 1J?~ WL-
f2- () b-L/y4-n tJa h I' Y -L--
PHONE NUMBER U2/J.503f]J oCJ11J
. being duly first sworn state:
That the above named iform, corporation or organization is incompliance with and agrees to
continue to comply wi*, and assure that any subcontractor, or third party contractor under this
project complies with al. applicable requirements of the laws listed below including, but not limited
to, those provisions pert/lining to employment, provision of programs and services, transportation,
commooications, 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 D.S.C. Sections 225 and 611 including Title I, Employment; Tittle n,
Public Services; Title; ill, Public Accommodations and Services Operated by Private Entities;
Title N, Telecommooications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Aet, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 D.S.C. Section 3601-3631.
,
l?ober!h ))a-70 rr-€.-
(Affiant)
he:> Y. i .zoo 3
Date
~(#~l. ~.,)-CO.3 by
(Date)
. He/She is personally known to me or has
~-,~
Signature
SUBSCRIBED AND SWORN TO (or affirmed) before me on
presented
as identification.
(Serial Number)
~3~hl-/
(Exp' on D.afe) /
Notary Public
(State) Notary Seal
The City of Miami Beach will ~ot award a contract to any firm, corporation or organization that fails to
complete and submit this Affi~vit with the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file with1the City of Miami Beach.
Page 1 of1
CERTmCATION OF CDBG-FUNDED
CONSTRUCTIONIREHABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the following
federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the
city's departments ofPllinning, Neighborhood Services, Public Works, Building, Code Compliance,
and Fire. If the projectiis located in th~ Miami Beach Architectural District, or affects a building
listed or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum ofUndenitanding between the SHPO and the City.
B. The City shall not be ob~igated to pay any funds to the project prior to the completion by the City of
an environmental revieVlf of the project, and said review is approved by any government agencies as
may be required by law.'
C. The Provider will assur~ all wages paid to construction workers by it or its subcontractors are in
compliance with federalr state and local labor requirements. The Provider agrees to include in the
construction bid specifipations in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
contractor/subcontractors that they will be required to submit documents after a city-conducted pre-
construction conferenc~ and prior to construction. Weekly and/or monthly reports must be
submitted thereafter, as kquired by the federal government.
D. The Provider agrees to qomply with, and to assure that its subcontractors comply with, the federal
Office of Management ~d Budget (OMB) Circular Number A-102 Attachment E for programs
funded in whole or in Piut by CDBG funds; with federal OMB Circular A-102 Attachment 0 for
the procurement of supplies, equipment, construction and services; and with Federal Management
Circular A-87; or any other applicable OMB circular.
E. Pursuant to Section 1 091~f the Act, the Provider specifically agrees that no person shall be denied
the benefits of the progr$! on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on !its own behalf and on behalf of its contractors and subcontractors, to take
affirmative action in att$pting to employ low income and minority persons, as mandated by law.
G. As required by OMB: Circular Number A-102, and by Florida Statutes Section 287.055,
professional services mUst be competitively selected. The competitive selection process must
include a public advertisement; issuance of a request for proposal and a competitive review based
on ooiform criteria. ~election criteria must consider the basic qualifications, professional
competence, experience! and suitability of each firm. Fees for professional services must be
requested as a fixed sum ~d not stated as a percentage of construction costs.
H. All documents, bid spe~ifications, notices and construction drawings must be submitted for the
review and approval of the Neighborhood Services Department prior,to public advertisement.
I. The bidding process for jconstruction contracts must include a formal advertisement, published in
The Miami Review. Do,e Reoorts and The Miami Builder's Exchanee. This annooocement must
include the following: ;
Page 1 of2
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1. The date, time and place that bid documents are available, and the same information for
any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amooot of ten percent (10%) of the bid, and a
performance and payment bond equal to 100% of the award.
3. A standard stlltement regarding the "in whole or in part" federal funding of the project
and the vario~s applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG monies are the
sole funding source, the City may require that bids be received and opened by the City's
Procurement Department.
K. The Provider agrees to fubmit to the City's Neighborhood Services Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to ~cify a time of completion and include a liquidated damage clause in all
construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts
will not be permitted.
M. If the Provider is award~d CDBG funds, other conditions and requirements will be specified in the
funding agreement. .
N. The Provider agrees tha~ it will not start construction ootil an official "Notice to Proceed" has been
issued.
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Commooity Development Act of 1974 as amended, the Provider agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
I hereby acknowledg~ that I have read the specific requirements contained in tbis
Certification, and that eligi~illty of my organization's project depends upon compUance with the
requirements contained in this document.
I
MIAMI BEACH COMMUNfrY DEVELOPMENT CORPORATION
~~--
Signature
/VO v: 1; 2~{)3
Date
i2D b~1-o ])a;-/Z;rre-
Print Name of Authorized Si~tory
Pf~S'z~
Print Title of Authorized Signatory
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