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Recreation Culrure & Parks Dept ('1 _ L ;: .!. \" V CDBG COOPERATION AGREEMENT This Agreement is entered into this 1 st day of October, 1999, by and between the COMMUNITY /ECONOMIC DEVELOPMENT DEPARTMENT, acting through and on behalf of the City of Miami Beach and the RECREATION, CULTURE AND PARKS DEPARTMENT, hereinafter called the called the Project Operator, hereto mutually agree as follows: WITNESSETH: WHEREAS, the City has entered into an agreement with the u.s. Department of Housing and Urban Development (000) for the purpose of conducting a Housing and Community Development Program with Federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and the Housing and Community Development Act of 1992; and WHEREAS, the City has determined through its One-Year Action Plan for Federal Funds for FY 1999/2000 which includes the budgets for the Community Development Block Grant (CDBG) Program, Emergency Shelter Grants (ESG) Program, and HOME Investment Partnership Program, the necessity for providing North Beach Youth Services (the Project); and WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution 99-23238 on July 7, 1999; and WHEREAS, the City desires to engage the Project Operator to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I SCOPE OF SERVICES The Project Operator agrees to implement the Year Twenty-Five (25) Activity in accordance with the attached Budget as follows: North Beach Youth Services $50,000 570.201 (e), 570.208(a)(1) To provide quality year-round recreational programs after-school and throughout the summer to income-eligible Miami Beach resident children at the following parks: Tatum, North Shore, Fairway, and Normandy Isle. The total number of estimated registrants is 1,400. SECTION II TERM OF AGREEMENT This Agreement shall be deemed effective upon approval by the Mayor and City Commission, approval and release of funds by HUD or upon being duly executed by both parties, whichever is later. Subject to the approval of this Agreement by the Community/Economic Development Department (C/ED Department) Director, this Project shall become operational as of October 1, 1999, and shall be completed by September 30, 2000. The term specified herein may be subject to any applicable term restrictions and limitations prescribed by HUD, and/or as may be otherwise prescribed herein. SECTION III USE OF FUNDS A. Project funds shall be used for those costs which are applicable to this Agreement. No Project funds shall be obligated for payment of costs incurred for the Project prior to the Notice of Release of Funds. B. Costs incurred under this Project shall be in compliance with Federal Management Circular OMB A-87 and Uniform Administrative Requirements, 24 CFR Section 85, as set forth under 570.502. C. The Project Operator shall maintain a citizen participation file which shall include copies of written comments and/or complaints received regarding the Project assisted under this Agreement, and copies of all responses. D. The Project Operator shall comply with the provisions of24 CFR 570.611 "Conflict ofInterest" and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. No member, officer, or employee of the City of Miami Beach, or its designees or agents, no member of the governing body of the locality in which the CDBG program is situated, and no other public official of such locality or localities who exercises any function or responsibilities with respect to the Project during this tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the Project assisted under this Agreement. E. The Project Operator agrees that when sponsoring a Project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider 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 COMMUNITY/ECONOMIC DEVELOPMENT DEPARTMENT" shall appear in the same size letters or type as the name of the Project Operator. SECTION IV PROCUREMENT A. The Project Operator shall follow the City of Miami Beach's procurement procedures. 2 B. All procurement transactions regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides maximum open and free competition consistent with 24 CFR 85.36, "Uniform Administrative Requirements-Procurement", except paragraph (a). C. The Project Operator shall take affirmative steps to assure that Section 3 firms, minority owned firms and women-owned businesses are utilized whenever possible as sources of supplies, equipment, construction and services. D. The Project Operator shall maintain records sufficient to detail the significant history of a procurement. These records shall include, but are not necessarily limited to, information pertinent to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the cost or price. E. The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. F. The Community Development Division within the Community/Economic Development Department shall review and approve all procurement(s) prior to any transactions performed by the Project Operator. SECTION V METHOD OF PAYMENT A. It is expressly understood and agreed that the total compensation to be paid for actual expenses incurred shall not exceed the total amount of Fifty Thousand 00/100 dollars ($50,000). B. Payments shall not be made unless approval has been received from the Community Development Division within the Community/Economic Development Department prior to obligating any CDBG funds. C. The Community/Economic Development Department retains the right to prepare and process the financial documents necessary to ensure proper payments. SECTION VI AMENDMENTS The following types of changes require the prior written approval from the Community Development Division within the Community/Economic Development Department: A. Changes in the Scope of Services. B. Changes in any budget line-item. C. Changes in the total appropriation. In addition, appropriate documentation shall be submitted with any requests for increase in the Project budget. 3 SECTION VII REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the Community Development program rests heavily on the ability to produce an impact in income-eligible areas, through progress in accomplishing scheduled activities. An effective method for maintaining Project progress against a previously established schedule is through Project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis. The CommunitylEconomic Development Department will monitor each Activity as required by HUD. The Project Operator also assures prompt and efficient submission ofthe following: A. Monthly Reports, due no later than the tenth (10th) day of the succeeding month. Contents ofthe reports attached hereto and made a part hereof as Appendix 2 shall include, but not necessarily be limited to, the following: 1. The Narrative Report 2. The Client Profile Report. 3. The Financial Status Report, which shall include the request for payment and supporting documentation. The Narrative Report, Financial Status Report and Client Profile Report must each contain (i) the month for which the Monthly Report is submitted, (ii) the date submitted, and (iii) an original signature of the person responsible for the contents of the Monthly Report. B. Special Reports, required if determined necessary by the Community Development Division within the Community/Economic Development Department. C. Final Evaluation, due within twenty (20) days of contract completion. The final report documents how the Statutory National Objective and the eligibility requirements were met and must be submitted by the Project Operator for review and approval. The contents of same shall include a cumulative total of the data submitted during the Project's operation. Further, such report shall include statistical findings which depict program efficiency; i.e., the number of dollars spent, including non-CDBG funding sources, to render actual service to Project recipients, and an overall evaluation of the Project's effectiveness, and quantitative results. The final report will be evaluated and the Project Operator will be notified if additional data is necessary or that the Activity is considered "closed-out". There may be other reporting requirements in the event of Project changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. The Project Operator shall be informed, in writing, if any changes become necessary. SECTION VIII COMPLIANCE REQUIREMENTS A. The Project Operator agrees to comply with Section 3 of the Housing and Urban Development Act of 1968, as amended, which provides that to the greatest extent feasible, contract opportunities and opportunities for training and employment shall be given to low income Miami Beach residents and businesses owned by, controlled by, or employing a substantial number of, low income Miami Beach 4 residents. B. Pursuant to Section 109 of the Housing and Community Development Act, the Project Operator certifies that no person shall be denied the benefits of the program on the grounds of race, color, national origin or sex. C. The Project Operator agrees to comply with the First Amendment Church/State principles. SECTION IX AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives ofthe City and/or the Federal Government to review, inspect or audit all records, documentation, and any other data relating to all matters covered by the Agreement. SECTION X COMPLIANCE WITH LOCAL, ST ATE AND FEDERAL REGULATIONS The Project Operator agrees to comply with all applicable Federal regulations as they may apply to Project administration and to carry out each Activity in compliance with the laws and regulations as described in 24 CFR Part 570 Subpart K. Additionally, the Project Operator will comply with all state and local laws and ordinances hereto applicable. SECTION XI ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies to be used for compensation, as contemplated by this Agreement, originate from grants of Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD), and must be implemented in full compliance with all of HUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said Federal grant funds, the financial sources necessary to continue to pay the Project Operator compensation 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. 5 IN WITNESS WHEREOF, the Community/Economic Development Department and the Project Operator hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first indicated above. ~. t:;J;:;b WITNESS RANDOLPH MARKS, A: SISTANT DIRECTOR, COMMUNITY/ECONOMIC DEVELOPMENT DEPARTMENT f);~d!j~ ~TNESS ~(~~~ WI NESS IGtl VvYlLl n. ~00 JOANNA REVELO, DIRECTOR COMMUNITY DEVELOPMENT DIVISION I. . ~fL~ I. - .. '(/J ITNESS WITNESS WITNESS APPROVED AS TO FORM 6, LANGUAGE & FOR EXECUTION F:\DDHP\$ALL\L YSSETTE\ACTPLAN\CONTRACT\P ARKS99. 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APPENDIX 2 MONTHL y NARRATIVE AND CLIENT PROFILE REPORT FINANCIAL STATUS REPORT m CMB Budget Account 130.5450.000345 MonthN ear - - CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINANCIAL STATUS REPORT Provider: City of Miami Beach Parks & Recreation Project Name: Date Submitted: Title: North Beach Youth Services Reporting Period: Person Submitting Report: Signature: CDBG Year 25 $50,000 FY 1999/2000 Budget Amount Month Description Monthly Expenses Year to Date Expenses October 1999 $0.00 $0.00 November 1999 $0.00 $0.00 December 1999 January 2000 February 2000 March 2000 April 2000 May 2000 June 2000 July 2000 August 2000 September 2000 $0.00 $0.00 Reimbursement $0.00 Available Funds $0.00 1..APprOVedBym.l- m CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MONTHL Y NARRATIVE AND CLIENT PROFILE REPORT - - Provider: City of Miami Beach Parks & Recreation Project Name: Reporting Period: Date Submitted: North Beach Youth Services Person Submitting Report: Signature: Title: Please complete the following two reports for activities undertaken during this month's reporting period. If reporting for more than one activity, provide a separate narrative and profile report for each distinct activity. I. Narrative Report (Attach additional pages, if necessary.) Please describe the activities completed and/or services provided during this month's reporting period. Use numbers and units of measure to quantify such accomplishments. Units of measure may be facades rehabilitated, meals served, persons counseled, # of prescriptions, housing units, vouchers, shopping visits, and others. Ifno accomplishments can be described, detail efforts undertaken to fulfill contract goals by the end of the program year. Explain any problems which may have affected the expenditure ofCDBG funding. Describe any special recognitions, awards and circumstances encountered during the past month. II. Client Profile Report Clients Income Range Ethnicity Female Special HOH Needs White Black American Asian! Indian Pacific Month New YTO 50% 80% Not Hispanic Not Hispanic Islander (VLI) eLM) Hispanic Hispanic IOther Oct. Nov. Dec. Jan. Feb. March Anril Mav June Julv A WI. Sent. Total 0 0 0 0 0 0 0 0 0 0 0 0 Notes: (I) 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. (2) VLI indicates very-low income, LM indicates low/moderate-income. (3) YTD indicates Year to Date. This number equals prior monthly figures + current monthly figures. APPENDIX 3 SCHEDULE OF WORK TO BE IMPLEMENTED C 0> E t:: ro 0> 0> .s::O u uc: .~ roo 0> 0>:;:0 C/) cero .s:: 0> 'E U ...... :J 0 roO> >- .-0::: ~~ .s:: - u 01/) ro ~ 0> l- ce ._ ro 00- .s:: t:: 0 0> Z E ro 0> Z :;::::; ...... i= c: ro U .~ 0> a. "Q c.. 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C/) APPENDIX 5 ADDITIONAL CERTIFICATIONS (IF NECESSARY) CDBG FUNDED CONSTRUCTION/REHABILIT A TION PROJECTS LEAD BASED PAINT REQUIREMENTS ECONOMIC DEVELOPMENT ACTIVITIES RELIGIOUS ORGANIZATION REQUIREMENTS ATTACHMENTS CITY OF MIAMI BEACH LOW AND MODERATE HOUSEHOLD INCOME LIMITS CITY OF MIAMI BEACH LOW/MODERATE INCOME DATA CITY OF MIAMI BEACH PERCENTAGE OF LOW/MODERATE INCOME PERSONS CITY OF MIAMI BEACH SECTION 3 CLAUSE CITY OF MIAMI BEACH EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 CITY OF MIAMI BEACH DAVIS-BACON ACT AND RELATED ACTS CITY OF MIAMI BEACH LOWfMODERATE INCOME DATA CENSUS TRACT TOT AL L/M PERSONS TOT AL PERSONS % LOW/MOD 40.00-5 310 448 69.20 41.01-1 614 757 81.11 41.01~2 2,137 4,002 53.40 41.01-3 810 1,511 53.61 42 10,042 13,736 73.11 43 6,728 9,582 70.21 44 10,774 13,244 81.35 45 1,768 2,307 76.64 I TOTAL I 33,183 I 45,587 I 73% L/M I FLAMINGO TARGET AREA NORMANDY ISLE TARGET AREA CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS % LOWIMOD 39.05-2 2,408 3,346 71.97 39.05-4 2,401 3,071 78.18 I TOTAL I 4,809 I 6,417 I 75% L/M I NORTH SHORE TARGET AREA CENSUS TRACT TOTAL L/M PERSONS TOTAL PERSONS % LOW/MOD 39.01-1 603 1,036 58.20 39.01-2 620 836 74.16 39.01-3 407 468 86.97 39.01~4 518 772 67.10 39.01-5 1,593 2,256 70.61 39.01-6 1,581 2,240 70.58 39.02-1 704 897 78.48 39.02-2 876 1,187 73.80 39.02-3 211 211 100.00 39.02-4 1,564 2,097 74.58 I TOTAL I 8,677 I 12,000 I 72% L/M I SOURCE: U.S HUD Memorandum "CDBG 1990 Census Income Summary Data" (ISD), July 2, 1993 CITY OF MIAMI BEACH LOW AND MODERATE HOUSEHOLD INCOME LIMITS (Effective: 1/27/99) A low income or a moderate income household is defined as: a household having an income equal to, or less than, the limits cited below. Individuals who are unrelated but are sharing the same household shall each be considered as one person households. HOUSEHOLD SIZE MODERATE INCOME* LOW INCOME** I PERSON 25,000 15,600 2 PERSONS 28,550 17,850 3 PERSONS 32,100 20,050 4 PERSONS 35,700 22,300 5 PERSONS 38,550 24,100 6 PERSONS 41,400 25,850 7 PERSONS 44,250 27,650 8 PERSONS 47,100 29,450 * 80% of Median Income ** 50% of Median Income SOURCE: U.S. Department of Housing & Urban Development Page 1 of I CITY OF MIAMI BEACH PERCENTAGE OF LOW/MODERATE INCOME PERSONS BY CENSUS TRACT AND BLOCK GROUP CENSUS BLOCK % LOW/MOD CENSUS BLOCK % LOW /MOD TRACT GROUP PERSONS TRACT GROUP PERSONS 39.01 1 58.20 42 1 85.58 39.01 2 74.16 42 2 74.53 39.01 3 86.97 42 3 83.3 7 39.01 4 67.10 42 4 0.00 39.01 5 70.61 42 5 75.90 39.01 6 70.58 42 6 79.68 39.01 7 22.96 42 7 56.65 39.02 1 78.48 43 1 73.77 39.02 2 73.80 43 2 73.43 39.02 3 100.00 43 3 81.18 39.02 4 74.58 43 4 85.54 39.02 5 44.54 43 5 61.06 39.02 9 39.86 43 6 69.78 39.05 1 40.73 43 7 60.96 39.05 2 71.97 44 1 78.72 39.05 3 31.15 44 2 87.88 39.05 4 78.18 44 3 89.67 39.06 6 0.00 44 4 82.29 39.06 7 14.43 44 5 94.40 39.06 8 11.75 44 6 89.98 40 1 45.63 44 7 75.38 40 2 31.25 44 8 63.04 40 3 22.55 45 1 78.33 40 4 10.54 45 2 73.73 40 5 69.20 45 9 0.00 40 6 22.80 45.99 0.00 40 7 15.01 45.99 9 0.00 40 8 32.08 41.01 1 81.11 41.01 2 53.40 41.01 3 53.61 41.01 4 41.80 41.01 5 7.34 41.02 1 28.51 41.02 2 20.51 Source: 1990 Census Special Tab Tape, State of Florida (6/21/93) Page 1 of 1 CITY OF MIAMI BEACH SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.c. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the proj ect. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135.20. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135.20, and will not let nay subcontract unless the subcontract has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135.20, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the proj ect, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.20. Page 1 of 1 CITY OF MIAMI BEACH EOUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous place, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and Page 1 of 2 CITY OF MIAMI BEACH EOUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246 (Continued) remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1), and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United Stated to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided that, if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency of the Secretary of Labor pursuant to Par II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakes, the administering agency may take any or all of the following actions: cancel, terminate, suspend in whole or in part this grant (contract, loan, insurance guarantee); refrain from extending any further assistant to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the department of Justice for appropriate legal proceedings. Page 2 of 2 CITY OF MIAMI BEACH DAVIS-BACON ACT AND RELATED ACTS The projects or programs to which the construction work covered by this agreement pertains is federally funded with Community Development Block Grant funding and is subject to all provisions and requirements of the Davis-Bacon Act and Related Acts. The Davis-Bacon Act Requires payment of locally prevailing wages and fringe benefits to laborers and mechanics employed on any federally funded construction, alteration, or repair (including painting and decorating) projects if the construction contract is in excess of $2,000. Contract Work Hours & Safety Standards Act Requires overtime rates for mechanics and laborers for hours worked on covered contracts in excess of 40 in a workweek. Copeland "Anti-Kickback" Act Prohibits "kickbacks" of wages or back wages from employees to employers; regulates payroll deductions from wages. Fair Labor Standards Act Requires payment of minimum wage; payment of overtime rates for all hours over 40 in a workweek; prohibits use of oppressive child labor. Page 1 of 1 CITY OF MIAMI BEACH GLOSSARY Affordable Housing: Affordable housing is generally defined as housing where the occupants pay no more than 30 percent of gross income for gross housing costs, including utility costs. AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly limits a person's ability to live independently. Committed: Generally means there has been a legally binding commitment of funds to a specific project to undertake specific activities. Community 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: (1) 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 U.S.C. 6001-6006). The term also includes the surviving member or members of any household described in the first sentence of _ Page 1 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 hislher principal residence. Family: See definition in 24 CFR 812.2 (The National Affordable Housing Act definition required to be used in the CHAS rule differs from the Census definition). The Bureau of Census defines a family as a householder (head of household) and one or more other persons living in the same household who are related by birth, marriage or adoption. The term "household" is used in combination with the term "related" in the CHAS instructions, such as for Table 2, when compatibility with the Census definition of family (for reports and data available from the Census based upon that definition) is dictated. (See also "Homeless Family.") Family Self-Sufficiency (FSS) Program: A program enacted by Section 554 of the National Affordable Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IHAs) to use Section 8 assistance under the rental certificate and rental voucher programs, together with public and private resources, to provide supportive services, that will enable participating families to achieve economic independence and self-sufficiency. Federal Preference for Admission: The preference given to otherwise eligible applicants under HUD's rental assistance programs who, at the time they seek housing assistance are involuntarily displaced, living in substandard housing, or paying more than 50 percent of family income for rent. (See 24 CFR 882.219.) First Time Home Buyer: An individual or family who has not owned a home during the three year period preceding the HUD-assisted purchase of a home that must be used as the principal residence of the home buyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a single parent (as defined in 24 CFR 921) may not be excluded from consideration as a first time home buyer on the basis that the individual, while a homemaker or married, owned a home with his or her spouse or resided in a home owned by the spouse. For Rent: Year round housing units which are vacant and offered/available for rent. (U.S. Census definition). For Sale: Year round housing units which are vacant and offered available for sale only. (U.S. Census definition). Frail Elderly: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating, dressing, bathing, grooming, and household management activities). (See 24 CFR 689.105.) Group Quarters: Facilities providing living quarters that are not classified as housing units. (U.S. Page 2 of7 Census 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 lC requests nonduplicative accounts of households that meet one or more of these criteria. Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended as separate living quarters. (U.S. Census definition.) InstitutionslInstitutional: Group quarters for persons under care or custody. (U.S. Census definition.) Large Related: A household of 5 or more persons which includes at least one person related to the householder by blood, marriage or adoption. LIHTC: (Federal) Low Income Housing Tax Credit. Low-Income: Households whose incomes do not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 50 percent of the median for the area on the basis ofHUD's findings that such variations are necessary because of prevailing levels of construction costs for fair market rents, or unusually high or low family incomes. NOTE: HUD income limits are updated annually and are available from local HUD offices. (This term corresponds to low and moderate-income households in the CDBG Program.) Moderate- Income: Households whose incomes are between 51 percent and 80 percent of the median income for the area, as determined by HUD, with adjustments for smaller or larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the basis 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 of7 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 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.) 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-income in the CDBG Program.) Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would include Awaiting Occupancy or Held. Overcrowded: A housing unit containing more than one person per room. (U.S. Census definition.) Owner: A household that owns the housing unit it occupies. (U.S. Census definition.) 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".) Project-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. Secondary Housing Activity: A means of providing or producing affordable housing such as rental assistance, production, rehabilitation or acquisition -- that will receive fewer resources and less emphasis than primary housing activities for addressing a particular housing need. (See also, "Primary Housing Activity" .) Section 215: Section 215 of Title II ofthe National Affordable Housing Act. Section 215 defines "affordable" housing projects under the HOME program. Service Needs: The particular services identified for special needs populations, which typically may include transportation, personal care, housekeeping, counseling, meals, case management, personal emergency response, and other services to prevent premature institutionalization and assist individuals to continue living independently. Severe Cost Burden: See Cost Burden> 50%. Severe Mental Illness: A serious and persistent mental or emotional impairment that significantly limits a person's ability to live independently. Sheltered: Families and persons whose primary nighttime residence is a supervised publicly or privately operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence shelters, residential shelters for runaway and homeless youth, and any hotel/motel/apartment voucher arrangement paid because the person is homeless. This term does not include persons living doubled up or in overcrowded or substandard conventional housing. Any facility offering permanent housing is not a shelter, nor are its residents homeless. Small Related: A household of 2 to 4 persons which includes at least one person related to the householder by birth, marriage, or adoption. Page 5 of7 Substandard Condition: Housing not meeting the City of Miami Beach's Housing Code, containing deficiencies such as holes in roof, faulty or non-existent plumbing, etc. Substandard Condition and not Suitable for Rehab: By local definition, dwelling units that are in such poor condition as to be neither structurally nor financially feasible for rehabilitation. (See also "Substandard Condition.") Substandard Condition-but Suitable for Rehab: By local definition, dwelling units that do not meet standard conditions but are both financially and structurally feasible for rehabilitation. This does not include units that require only cosmetic work, correction or minor livability problems or maintenance work. (See also "Substandard Condition. ") Substantial Amendment: A major change in an approved housing strategy. It involves a change to the five-year strategy, which may be occasioned by a decision to undertake activities or programs inconsistent with that strategy. Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the project in excess of $25,000 per dwelling unit. Supportive Housing: Housing, including Housing Units and Group Quarters, that have a supportive environment and includes a planned service component. Supportive Service Need in FSS Plan: The plan that PHAs administering a Family Self-Sufficiency program are required to develop to identify the services they will provide to participating families and the source of funding for those services. The supportive services may include child care; transportation; remedial education; education for completion of secondary or post secondary schooling; job training; preparation and counseling; substance abuse treatment and counseling; training in homemaking and parenting skills; money management and household management; counseling in home ownership; job development and placement; follow-up assistance after job placement; and other appropriate services. Supportive Services: Services provided to residents of supportive housing for the purpose of facilitating the independence of residents. Some examples are case management, medical or psychological counseling and supervision, child care, transportation, and job training. Tenant-Based (Rental) Assistance: A form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not for the project. Total Vacant Housing Units: Unoccupied year round housing units. (U.S. Census definition.) Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets, parks, alleys). Vacant A waiting Occupancy or Held: Vacant year-round housing units that have been rented or sold and are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters for occasional use. (U.S. Census definition.) Page 60f7 Vacant housing Unit: Unoccupied year-round housing unit that are available or intended for occupancy at any time during the year. Very Low-Income: Households whose incomes do not exceed 50 percent of the median area income for the area, as determined by HUD, with adjustments for smaller and larger families and for areas with unusually high or low incomes or where needed because of prevailing levels of construction costs or fair market rents. (This term corresponds to low income households in the CDBG Program.) (For the purpose of further distinguishing within this category, two subgroups (0 to 30% and 31 to 50% ofMFI) have been established in the CRAS tables and narratives.) Worst-Case Needs: Unassisted, very low-income renter households who pay more than half oftheir income for rent, live in seriously substandard housing (which includes homeless people) or have been involuntarily displaced. Year Round Housing Units: Occupied and vacant housing units intended for year rOllnd use. (U.S. Census definition.) Housing units for seasonal or migratory use are excluded. Page 70f7