HomeMy WebLinkAboutCDBG Agreement with Shelbourne Apt. Bldg. Inc.
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COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
THE SHELBOURNE APARTMENT BillLDING, INC.
This Agreement made and entered into this I" day of October, 2006, by and between the CITY
OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and
SHELBOURNE APARTMENT BillLDING, INC., hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant (CDBG) Program for the
period of October I, 2006, to September 30, 2007 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant (CDBG)
Program is the development of viable urban communities, including decent housing and a suitable living
environment and expanding economic opportunities principally for persons of low and moderate income;
and
WHEREAS, the One-Year Action Plan for federal funds was adopted by City of Miami Beach
Resolution No. 2006-26253, on July 12, 2006; and
WHEREAS, the City has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2006/2007, the necessity for engaging the Provider to render the following services in Miami
Beach: Shelbourne House aud Fernwood Apartments (the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Agreement Documents: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement:
. Attachment I contains a description of the Program services and goals offered by the
Provider.
. Attachment II is a line item Budget.
. Attachment ill outlines financial management procedures and reporting forms for use
with CDBG funds.
. Attachment IV contains applicable federal regulations.
Section 2.
Statement of Work: The Provider agrees to implement the Program in accordance with
Attachments I and II, and as summarized as follows:
Shelbourne House
(570.208(a)(2)/570.20 I (e))
To provide operating cost for 42 project based units with supportive services in a secure
and healthy environment to individuals living with HIV 1 AIDS who choose to live
independently.
Section 3.
Agreement Amount: The City agrees to make available SIXTEEN THOUSAND FIVE
HUNDRED EIGHTY-THREE DOLLARS AND 00/100 ($16,583) for use by the Provider
during the term of the Agreement.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Alterations: Any proposed alterations in the Program offered by the Provider and/or the
Budget shall first be submitted to and approved in writing by the City, said approval at the
City's sole judgement and discretion.
Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Program progress reports to the City on the 10'" day of each month, throughout
the term of this Agreement. The Provider also agrees to submit, on September 30, 2007, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures during the term of this Agreement, including, but not limited to, performance
data on client feedback, with respect to the goals and objectives outlined in Attachment 1.
Attachment III contains reporting forms to be used in fulfillment of this requirement.
Other reporting requirements may be required by the City in the event of Program
changes; the need for additional information or documentation arises; and/or legislative
amendments are enacted. The Provider shall be informed, in writing, if any changes
become necessary. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may 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 (I) annual on-site
monitoring visit with the Provider to evaluate the progress and performance ofthe
Program and to provide technical assistance; and/or a desk top review of the activities may
be conducted in lieu of an on-site visit, if and only if, the Provider has had a satisfactory
on-site review in the previous Program year, and is not a high risk Provider.
Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of CDBG 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 funds, the financial sources
necessary to continue to pay the Provider all or any portions of the funds contemplated
herein will not be available, and that this Agreement will thereby terminate effective as of
the time that it is determined by the City, in its sole discretion and judgement, that said
funds are no longer available. In the event of such determination, the Provider agrees that
it will not look to, nor seek to hold liable, the City nor any individual 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 further liability each to the
other under the terms of this Agreement.
Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable federal regulations as they may apply to Program
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local (City and County) laws and
ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility to
continually familiarize itself with any and all such applicable federal, State, County, and
City regulations, laws, and/or ordinances.
Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
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the CDBG Program. "Benefits" under this section means financial assistance, public
services, jobs and access to new or rehabilitated housing and other facilities m de
available under activities funded by the CDBG Program. "Benefits" do not in lude
relocation services and payments to which displacees are entitled by law.
Section 10. Subcontract: No part ofthis Agreement may be assigned or subcontracted thout the
prior written consent of the City, such consent to be at the City's sole discretio and
judgement.
Section 11. Term: This Agreement shall commence on October I, 2006, and terminate 0 September
30, 2007, with the understanding that at the end of the Agreement, the City of iami
Beach City Commission has the authority to reappropriate any remaining unu ed funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: The City and Provider agree that this A eement
may be terminated for convenience and without cause, by either party he eto 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 termi ation for
convenience by either party, the City shall cease any payments to Provid r for costs
resulting from obligations, which were not properly incurred before the e fective date
of termination. Additionally, Provider shall be solely responsible for sub itting a
final report, as provided in Section 5 of the Agreement, detailing all Pro am
objectives, activities and expenditures up to the effective date of the term'nation.
Said "final report" shall be due within five (5) working days following th effective
date of the termination. Upon timely receipt of Provider's "final report", he City, at
its sole discretion, shall determine the amount (if any) of CDBG funds to be returned
to the City as a result of any incomplete Program items and/or items not atisfactorily
performed, and shall provide Provider with written notice of any monies ue. Said
monies shall be due immediately and payable upon receipt of such notice by
Provider. Notwithstanding the preceding, the City reserves any and all Ie al rights
and remedies it may have with regard to recapture of the CDBG funds he ein, or any
assets acquired or improved in whole or in part with said funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the C ty may also
place the Provider in default ofthis Agreement, and may suspend or t 'nate this
Agreement, for cause. "Cause" shall include, but not be limited to, the fo owing:
a. Failure to comply and/or perform in a material way, as same shal be
determined by the City in its sole discretion and judgement, in ac ordance
with the terms of this Agreement, or any Federal, State, County r City
statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incom lete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered i possible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, i cluding
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determ ned by the
City's monitoring of the sub-recipient, and applicable HUD rules and
regulations.
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The City shall notify the Provider in writing when the Provider has been placed in
default. Such notification shall include: (i) actions taken by or to be taken by the
City, such as withholding of payments; (ii) actions to be taken by the Provider as a
condition precedent to clearing the deficiency; and (iii) a reasonable date for
compliance, which shall be no more than fifteen (15) days from notification date. In
the event that Provider fails to correct such deficiency within the aforestated period,
this Agreement shall be considered terminated for cause by the City, without further
notice to Provider, and Provider shall be solely responsible for repayment to the City
of any or all monies disbursed to Provider under this Agreement. Said monies shall
be due immediately and payable upon receipt of notice by Provider. Notwithstanding
the preceding, the City reserves any and all legal rights and remedies it may have
with regard to recapture ofthe CDBG funds herein, or any assets acquired or
improved in whole or in part with said funds.
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 time that it is determined such funds are no longer available. Costs of the
Provider resulting from obligations incurred during a suspension or after termination,
are not allowable unless the City expressly authorizes them in the notice of
suspension or termination, or subsequent thereto. Other costs during suspension or
after termination which are necessary and not reasonably avoidable are allowable if,
in the sole discretion of the City:
a. The costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and,
in the case oftermination, are noncancelable; and
b. The costs would be allowable ifthe award were not suspended or expired
normally at the end ofthe funding period in which the termination takes
effect.
In the event of termination of the Agreement, at its sole discretion, the City may require
Provider to transfer any CDBG assets to the City pursuant to Section 16 herein.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department of
Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under applicable
federal regulations) gained from any activity of the Provider, funded by CDBG funds shall
be reported to the City and utilized by the Provider in the operation of the CDBG-funded
activity during the term of this Agreement.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City and only in accordance with requirements set in 24 CFR
9570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
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b. It will not discriminate against any person applying for public services on he basis of
religion and will not limit such services or give preference to persons on t e basis of
religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and ex ression of
its religious beliefs, provided that it does not use direct CDBG funds to su port any
inherently religious activities, such as worship, religious instruction, or pr selytizing.
d. The funds received under this Agreement shall not be used for the acquisi on,
construction, or rehabilitation of structures to the extent that those structur s are used
for inherently religious activities. CDBG funds may be used for the acqui ition,
construction, or rehabilitation of structures only to the extent that those s ctures are
used for conducting eligible activities under this part. Where a structure is used for
both eligible and inherently religious activities, CDBG funds may not exc ed the cost
of those portions of the acquisition, construction, or rehabilitation that are ttributable
to eligible activities in accordance with the cost accounting requirements a plicable to
CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDB -funded
religious congregation uses as its principal place of worship, however, are 'neligible
for CDBG-funded improvements. Disposition of real property after the te ofthe
grant, or any change in use of the property during the term of the grant is s bject to
government-wide regulations governing real property disposition (see 24 FR parts 84
and 85).
Section 16. Reversion of Assets: In the event ofa termination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to e City any
CDBG funds on hand at the time of termination or expiration and any account eceivable
attributable to the use of CDBG funds.
Any real property under the Provider's control that was acquired or improved i whole or
in part with CDBG funds (including CDBG funds provided to the Provider in e form of
a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (fo
section 570.901) until five years after expiration of the term of this A
for such longer period of time as determined to be appropriate by the ity and as
memorialized by the City and Provider in an amendment to this Agree ent or
such instrument as the City, at its discretion, determines appropriate; 0
b. Ifnot used in accordance with the above subsection (a), the Provider s all pay to
the City an amount equal to the current market value of the property Ie s any
portion of the value attributable to expenditures ofnon-CDBG funds fi r the
acquisition of, or improvement to, the property. No payment is requir d after the
period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines et forth by
HUD for the administration and implementation of the CDBG Program, inclu ing
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502 and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this reg d, the
Provider agrees that duly authorized representatives of the HUD shall have ac ess to any
books, documents, papers and records of the Provider that are directly pertinen to this
Agreement for the purpose of making audits, examinations, excerpts and trans riptions.
The Provider shall comply with the requirements and standards of OMB Circu ar No. A-
122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A- I, "Cost
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Principles for Educational Institutions" as applicable. The Provider shall com ly with the
following provisions of the Uniform Administrative requirements of OMB Ci ular A-II 0
(implemented at 24 CFR Part 84, "Uniform Administrative Requirements for nts and
Agreements With Institutions of Higher Education, Hospitals, and Other Non- ofit
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 fo Applying
for Federal Assistance";
c. Subpart C - "Post-Award Requirements", except for:
(I) Section 84.22, "Payment Requirements" - Grantees shall follow t e standards
of 33 85 .20(b )(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of 3 84.24, CDBG sub- ecipients
shall follow 3 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 384.32, CDBG sub-rec' ients shall
follow 3570.505;
a. In all cases in which equipment is sold, the proceeds shall be rograrn
income (pro-rated to reflect the extent to which CDBG funds ere used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activiti s shall be
transferred to the recipient for the CDBG program or shall be etained
after compensating the recipient;
(6) Section 84.34(g), "Equipment" - In lieu ofthe disposition provisi s of3
84.34(g), the following applies:
(7) Section 84.5 I (b), (c), (d), (e), (f), (g), and (h), "Monitoring and porting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records '. Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in 3 84.53(b) pertaining to in ividual
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 1.520, in
which the specific activity is reported on for the final time ra er than
from the date of submission of the final expenditure report fo the award;
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(10) Section 84.61, "Termination" - In lieu of the provisions of3 84. I, CDBG
subrecipients shall comply with 3 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" - except for 3 84.71," loseout
Procedures" .
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, ress
releases, advertisements, descriptions of the sponsorship of the Program, rese ch reports,
and similar public notices prepared and released by the Provider for, on behal of, and/or
about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ADMINISTERED BY THE NEIGHBORHOOD
SERVICES DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19.
Examination of Records: The Provider shall maintain sufficient records in a cordance
with 24 CFR 570.502 and 570.506 to determine compliance with the require ents of this
Agreement, the Community Development Block Grant Program, and all appli able laws
and regulations. This documentation shall include, but not be limited to, the fi llowing:
a. Books, records and documents in accordance with generally accepted ccounting
principles, procedures and practices, which sufficiently and properly r flect all
revenues and expenditures of funds provided directly or indirectly by his
Agreement, including matching funds and Program income. These re ords shall
be maintained to the extent of such detail as will properly reflect all n t costs,
direct and indirect labor, materials, equipment, supplies and services, d other
costs and expenses of whatever nature for which reimbursement is cla'med under
the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than on activity, in
order to record the CDBG activity delivery cost by Program and the n n-CDBG
related charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.20 and the
eligibility requirement(s) under which funding has been received, hav been met.
These also include special requirements such as necessary and approp iate
determinations as defined in 24 CFR 570.209, income certifications, d written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent t this
Agreement in an orderly fashion in a readily accessible, permanent and secur d location
for a period of four (4) years after expiration of this Agreement, with the foil wing
exception: if any litigation, claim or audit is started before the expiration dat of the four
year period, the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing a er closeout
of this Agreement, of the address where the records are to be kept.
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Section 20. Audits and Inspections: At any time during normal business hours, and as 0 en as City
and/or Federal Government representatives may deem necessary, the Provider shall make
available all records, documentation, and any other data relating to all matters covered by
the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 day after the
end of the Provider's fiscal year. The Provider shall comply with the require ents and
standards ofOMB A-133, "Audits of Institutions of High Education and Oth Non-Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audit of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. Ifthi
Agreement is closed-out prior to the receipt of an audit report, the City reserv s the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indenmify an hold
harmless the City, its officers, employees and agents, from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligenc or
misconduct on the part of the Provider or any of its agents, officers, servants, mployees,
contractors, patrons, guests, clients, licensees or invitees pursuant to this Agre ment
and/or the Program. The Provider shall pay all claims and losses of any natur whatsoever
in connection therewith and shall defend all suits in the name of the City, whe applicable,
and shall pay all costs (including attorney's fees) and judgements which may i sue
thereon. This Indenmification shall survive the termination and/or expiration fterm of
this Agreement.
The Provider shall not commence any work and/or services pursuant to this A eement
until all insurance required under this Section has been obtained and the City's Risk
Manager has approved such insurance. In the event evidence of such insuranc is not
forwarded to the City's Risk Manager within thirty (30) days after the executi n of this
Agreement, this Agreement shall become null and void and the City shall hav no
obligation under the terms thereof unless a written extension of this thirty (30) day
requirement is secured from the City Administration.
The Provider shall maintain and carry in full force during the term of this Agr ement
and/or throughout the duration of the Program contemplated herein, whicheve is longer,
the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in
the amount of $1 ,000,000 single limit. The policy must include cover ge for
contractual liability to cover the above indenmification.
b. Worker's Compensation and Employers Liability, as required pursuan to Florida
Statute.
c. Automobile and vehicle coverage shall be required when the use of a omobiles
and other vehicles are involved in any way in the performance of the greement.
Limits for such coverage shall be in the amount of $500,000.
d. The City of Miami Beach shall be named as an additional insured und r all such
insurance contracts and City of Miami Beach Resolution No. 2006-26 53 shall be
referenced in the certificate.
e. Thirty- (30) day written notice of cancellation or substantial modificat"on of the
insurance coverage must be given to the City's Risk Manager by the ovider and
his/her insurance company.
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f. The insurance must be furnished by insurance companies authorized t do
business in the State of Florida, and approved by the City's Risk Man ger. The
companies must be rated no less than "B+" as to management, and no less than
"Class VI" as to strength by the latest edition of Best's Insurance Gui , published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subj ct to the
approval ofthe City's Risk Manager.
g. Original Certificates of Insurance for the above coverage must be sub itted to the
City's Risk Manager for approval prior to any work commencing. Th se
certificates will be kept on file in the Office of the Risk Manager, Thi d Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain i full force
and effect for the entire term of the Agreement and/or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the pro ision that
the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30 days
written notice to that effect, given by the insurance carrier to the City, and tha the
insurance carrier will not invoke the defense of performance of a government I function
by the Provider in performing this contract.
Compliance with the foregoing requirements shall not relieve the Provider of e liabilities
and obligations under this Section or under any other portion of this Agreeme t. The City
shall have the right to obtain from the Provider specimen copies of the insur ce policies,
in the event that submitted Certificates of Insurance are inadequate to ascertai
compliance with required coverage. All of Provider's certificates, above, shal contain
endorsements providing that written notice shall be given to the City at least t irty (30)
days prior to termination, cancellation or reduction in coverage ofthe policy.
Section 22. Conflict of Interest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Com unity
Development funded activities has any personal financial interests, direct or i direct, in
this Agreement. The Provider covenants that in the performance of this Agre ment, no
person having such conflicting interest shall be employed. The Provider cove ants that it
will comply with all provisions of24 CFR 570.611 "Conflict of Interest", and the Federal,
State, County and City of Miami Beach statutes, regulations, ordinances or re olutions
governing conflicts of interest. The Provider shall disclose, in writing, to the City any
possible conflicting interest or apparent impropriety that is covered by the ab ve
provisions. This disclosure shall occur immediately upon knowledge of such ossible
conflict. The City will then render an opinion, which shall be binding on bo parties.
Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida and iflegal
action is necessary by either party with respect to the enforcement of any or a I of the
terms or conditions herein, exclusive venue for the enforcement of the same s all lie in
Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the I ws of the
State of Florida, both substantive and remedial, without regard to principles 0 conflict of
laws. The exclusive venue for any litigation arising out of this Agreement sh II be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, S uthern
District of Florida, ifin federal court. BY ENTERING INTO THIS AGREE ENT,
CITY AND PROVIDER EXPRESSLY WAIVE ANY RIGHTS EITHER P TY MAY
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Section 24.
HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED 0, OR
ARISING OUT OF, THIS AGREEMENT.
Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City:
Thomas N. Urriola, Interim Director
Housing and Community Development Division
Neighborhood Services Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
Provider:
Richard Wood, Board Treasurer
The SHELBOURNE APARTMENT BillLDING, C.
945 Pennsylvania Avenue
Miami Beach, FL 33139
the City can place a limit on City's liability for any cause of action for money
due to an alleged breach by the City of this Agreement, so that its liability for
breach never exceeds the sum of $1 0,000. Provider hereby expresses its willi
enter into this Agreement with Provider's recovery from the City for any da
for breach of contract to be limited to a maximum amount of $10,000, less th
all funds actually paid by the City to Provider pursuant to this Agreement.
mages
y such
gness to
ge action
amount of
Accordingly, Provider hereby agrees that the City shall not be liable to Provid r for
damages in an amount in excess of $10,000, which amount shall be reduced b the
amount of the funding actually paid by the City to Provider pursuant to this A
for any action or claim for breach of contract arising out of the performance 0
nonperformance of any obligations imposed upon the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way i tended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
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This Agreement shall be binding upon all parties hereto and their respective heirs, exe utors,
administrators, successors and assigns.
In witness thereof, the parties hereto have executed or caused to be executed by their uly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an ori inal on the
date first above written.
EACH, FLORIDA
ATTEST:
J4idP~
AYOR
David Dermer
SHELBOURNE APARTMENT BIDLDING, C.
Robert Parcher
ATTEST:
~
,{~J;
J,f}( j~
AUTHORIZED SIGNATORY
:::(' 46/Y7tJtJDSSO~
PRINT NAME AND TITLE
D. (VI. IOfVI u IJ
. Board Treasurer
NAME AND TITLE OF AUTHORIZED
SIGNATORY
F:\NEIG\HSG-CD\MERCY\CONTRACTS\06-07\Shelboume\CDBG Agreement Shelbourne House,doc
II
CDBG AGREEMENT
October 1, 2006 to September 30, 2007
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide supportive services in a secure and healthy environment to individuals living with ~S who
chose to live independently.
Shelbourne Housing (consisting of the Shelbourne and the Fernwood House) provides 42 unit (one and
two bedroom apartments) for people with AIDS. The program provides social services, couns ling,
extensive client referrals, and much needed support not only for residents but others in need ir Miami-
Dade County. It is a public service activity for HIV -infected individuals who are very low inc ome and
disabled to live independently with supportive services in a secure and healthy environment. helbourne
House is into its fifth year of successful operations and is located in Census tract 44, Block Group 6,
Fernwood Apartments which are located in Census Tract 44, Block Group I, to serve a high p iority need
of persons living with AIDS.
Shelbourne House is a limited clientele activity and 100 percent of the proposed 42 individual living at
both facilities with AIDS who will receive supportive services are income eligible (below 50. of the
county median income.) Shelbourne House also has linkage agreements with local, medical, utritional,
case management, counseling and pharmacy providers to address these needs for residents. T I,ese
agreements follow a Continuum of Care model for the care and treatment of people living wit AIDS and
shows how the supportive services of Shelbourne House truly allow our HIV -positive, low in ome and
disabled residents to live independently while providing a secure and healthy environment.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Provide services to tenants of 42 housing units on an as-needed basis.
2. Provide interim case management and interim counseling.
3. Provide client referrals.
4. Provide crisis intervention services on an as-needed basis.
SCHEDULE FOR IMPLEMENTATION
Goal Oct. Nov. Dec. Jan. Feb. March Apr. May June July Pug. Sept.
2006 2006 2006 2007 2007 2007 2007 2007 2007 2007 2 07 2007
1 X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X X X X X X X
4 X X X X X X X X X X X X
F:\neig\HSG-CD\MERCY\CONTRACTS\06-07\Shelbourne\Attachment Ldoc
Page 1 of1
BUDGET SUMMARY SHEET
She/boume House ADartments Funding Year 2006-2007
134,945 134,945
Total COBG Funds
Total Other Funds
Grand Total
Of the funding request above, what is the amount for OPERATING COSTS?
Of the funding request above, what is the amount for PERSONNEL COSTS?
Of the funding request above, what is the percentage for ADMINISTRATIVE COSTS?
16,583
0.00%
BUDGET ITEMIZATION SHEET - Cost Allocation Plan
Assistant
FICA 1,006 $ 2,023 ,029
Worker's Com Ins 379 $ 763 1,142
SUI 419 $ 647 1,066
Grou Health Insurance 1,635 $ 4,897 ,532
$ 1,250 1,250
Total Amount
$
16,583 $
36,032 $
5 ,615
BUDGET ITEMIZATION SHEET. Cost Allocation Plan
Professional Fees
$
$
Total Amount
$
$
$
BUDGET ITEMIZATION SHEET - Cost Allocation Plan
She/bourne House Aoartments
She/bourne House A artments
$ 6,000 $ 6,000
Administrative $ 1,800 $ 1,800
Board Meetin Su lies $ 600 $ 600
Electrici $ 28,300 $ 8,300
Elevator Maintenance $ 2,800 $ 2,800
Exterminatin Contract $ 1,020 $ 1,020
Garba e and Trash Removal $ 4,860 $ 4,860
Grounds Su lies/Maintenance $ 840 $ 840
Janitorial Contract $ 7.200 $ 7,200
$ 500 $ 500
$ 7.200 $ 7,200
$
$
Misc. License & Permits $ 500 $ 500
Office Su lies $ 800 $ 800
$
$
$ 950 $ 950
$ 20,970 $ 0,970
$ 26,200 $ 6,200
Reserve for Re lacement $ 4,405 $ 4,405
Tele hone & Answer. Svc. $ 1,800 $ 1,800
Tenant Services - Other $
Washin Machines Rental $ 1,400 $ 1,400
Water and Sewer $ 16,800 $ 16,800
Total Amount $ $ 134,945 $ 1 4,945
CDBG AGREEMENT
October 1, 2006 to September 30, 2007
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACT! ITIES
FINANCIAL MANAGEMENT SYSTEM
To comply with federal regulations, each program must have a financial management syste that
provides accurate, current and complete disclosure of the financial status of the activity. Thi means the
financial system must be capable of generating regular financial status reports which indicat the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., fi r which
contract exists), and the amount expended for each activity. The system must permit the co parison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolat and to trace
every CDBG dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operat ng agency,
which is not a City department or bureau, in order to determine whether or not it meets all 0 the above
requirements. If the agency's system does not meet these requirements and modifications ar not
possible, the City must administer the CDBG funds for the operating agency.
SUPPORT FOR EXPENDITURES
Sufficient support for expenses depends on the type of expenditure. They normally include he following
items:
. Salaries (should be supported by proper documentation in personnel files of hire date, p sition,
duties, compensation, raises with effective date, termination date, and similar type info ation. Non-
exempt employees are required by law to complete a timesheet showing number of hour they worked
during the day. All employees paid in whole or in part from CDBG funds should prepar a time sheet
indicating the hours worked on CDBG projects for each pay period. Based on these tim sheets and
the hourly payroll costs for each employee, a voucher statement indicating the distributi n of payroll
charges should be prepared and placed in the appropriate files.)
. Employee Benefits (should be supported by personnel policies and procedures manual, escribing
the types of benefits, eligibility and other relevant information.)
. Professional Services (should be supported by a complete and signed copy of the contr ct between
the organization and the independent contractor, describing at the minimum, period of s rvice, type of
service and method for payments, in addition to the invoice from the private contractor.)
. Purchases (at a minimum, purchases should be supported by a purchase order, packing ist and
vendor invoice. Credit card statements, travel itineraries, vendor statements, and simjla items do not
represent support for an expense.)
RECORDS
Accounting records must be supported by source documentation. Invoices, bills oflading, p rchase
vouchers, payrolls and the like must be secured and retained for four years in order to show or what
Page 1 of2
purpose funds were spent. Payments should not be made without invoices and vouchers ph sically in
hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be re ained for a
period of four years, with access guaranteed to the City, to HUD or Treasury officials or thei
representative.
AUDITS
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and ocal
governments that receive Federal funding fall under the revised OMB Circular A-133, Audit of States,
Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,0 0 or more in
a year in Federal awards must have a single or program-specific audit.
One copy ofthe sub-recipient or vendors' audited financial statement shall be submitted to t e City
immediately following the end of the fiscal year(s) during which CDBG funds are received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form ( orm SF-
SAC) and reporting package upon completion of the annual audit in accordance with OMB ircular A-
133. The deadline for this submission 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 advanc by the
cognizant or oversight agency for the audit. Address for submission is:
The Federal Audit Clearinghouse
120 I E. 10th Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac(Q:!census.goV
Web: htto:/lharvester.cenSUS.20v/sac
REQUESTS FOR PAYMENTS
Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted tilizing the
enclosed financial status, client profile, and narrative report forms, in a format consistent wit the
approved budget as shown in Attachment II, including an analysis of expenses to budget. A ash advance
may be available upon special request. All requests must be submitted to:
Thomas N. Urriola, Interim Director
Housing and Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
FlneigIHSG-CD\MERCY\CONTRACTSI06-07\Attachment lIT CDBGdoc
Page 2 of2
~
ICMB Budget Account 130.5456.000345
I MonthlY ear I
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRA
FINANCIAL STATUS REPORT
Provider: Shelbourne Apartment Building, Inc.
Reporting Period:
Project Name: Shelbourne House
Date Submitted:
CDBG Year 32
FY 2006/2007
Budget Amouut
Month This Month Year to Date
Oct-06 $ $
Nov-06 $ $
Dec-06 $ $
Jan-07 $ $
Feb-07 $ $
Mar-07 $ $
Apr-07 $ $
May-07 $ $
Jun-07 $ $
Jul-07 $ $
Aug-07 $ $
Sep-07 $ $
$16,583
Balance
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
$ 16,58 .00
This Request
Attached you will find original invoices or canceled checks plus copies of paid invoices to substanti te
the above expenditures. I certify that all goods and services have been received, that they all fall wit in
the contractual scope of services and budget, and that these costs have not been paid previously by y
other funding source. I certify that substantially all program income received has been disbursed or 'll
be disbursed within 3 days of this request, 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
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CDBG AGREEMENT
October 1, 2006 to September 30, 2007
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, r ligion or sex
be excluded, denied benefits or subjected to discrimination under any program fund d in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discrimina ory
treatment, outreach and access to program resources. This applies to employment a d
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et sea.): tates that no
person may be excluded from participation in, denied the benefits of, or subject d to
discrimination under any program or activity receiving Federal financial assista ce on the
basis of race, color or national origin. The regulations implementing the Title I Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part I,
. The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial sta s. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. E ual ortuni in Housin Executive Order 11063 as amended b Executi e Order
12259): Prohibits discrimination against individuals on the basis of race, color, eligion, sex
or national origin in the sale, rental, leasing or other disposition of residential pr perty, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportuni in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age di crimination
in programs receiving Federal financial assistance. Age Discrimination Act reg lations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housin and Communi Develo ment Act of 197 : Requires
that no person shall be excluded from participation in, denied the benefits of, or e subjected
to discrimination under any program or activity funded with CDBG funds on th basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all DBG-
assisted housing with five or more units. Requirements and procedures must includ
. Methods for informing the public, owners and potential tenants about fair housi g laws and
the Provider's policies (for example: use of the Fair Housing logo or equal oppo nity
language);
. A description of what owners andlor the Provider will do to affirmatively mark t housing
assisted with CDBG funds;
Page 1 of?
. A description of what owners and/or the Provider will do to inform persons not ikely to
apply for housing without special outreach;
. Maintenance of records to document actions taken to affirmatively market CDB -assisted
units and to assess marketing effectiveness; and
. A description of how efforts will be assessed and what corrective actions will b taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations go erning the
accessibility of Federally assisted buildings, facilities and programs.
. Americans with Disabilities Act 42USC l2l3l'47USC 155 201 218 and 22 : Provides
comprehensive civil rights to individuals with disabilities in the areas of emplo ent, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to de ign and
construct facilities (built for first occupancy after January 26, 1993) that are acc ssible to and
usable by persons with disabilities. The ADA also requires the removal of arch tectural and
communication barriers that are structural in nature in existing facilities. Remo al must be
readily achievable, easily accomplishable and able to be carried out without mu h difficulty
or expense.
. Fair Housing Act: Multi-family dwellings must also meet the design and cons ction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U C 3601-19)
. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimina ion in
federally assisted programs on the basis of handicap. Section 504 imposes requ rements to
ensure that "qualified individuals with handicaps" have access to programs and ctivities that
receive Federal funds. Under Section 504, recipients and subrecipients are not equired to
take actions that create unique financial and administrative burdens or after the ndamental
nature of the program. For any Provider principally involved in housing or soci I services, all
of the activities of the agency -- not only those directly receiving Federal assis nce -- are
covered under Section 504. Contractors or vendors are subject to Section 504 r uirements
only in the work they do on behalf of the Provider or the City. The ultimate be eficiary of
the Federal assistance is not subject to Section 504 requirements.
. The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain ederal and
Federally-funded buildings and other facilities to be designed, constructed or al ered in
accordance with standards that ensure accessibility to, and use by, physically h dicapped
people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and c ntracting
opportunities. These concern equal opportunity, labor requirements and contractin procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportu ity for
employment and contracting.
. Eaual Emplovment Opportunity. Executive Order 11246. as amended: Prohibit
discrimination against any employee or applicant for employment because of r ce, color,
religion, sex or national origin. Provisions to effectuate this prohibition must b included in
Page 2 of?
.. ,
all construction contracts exceeding $10,000. Implementing regulations may b found at 41
CFR Part 60.
. Section 3 of the Housing and Urban Development Act of 1968: Requires that, t the greatest
extent feasible, opportunities for training and employment arising from CDBG unds will be
provided to low-income persons residing in the program service area. Also, to e greatest
extent feasible, contracts for work (all types) to be performed in connection wit CDBG will
be awarded to business concerns that are located in or owned by persons residin in the
program service area.
. MinoritvlWomen's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a m nority
outreach program to ensure the inclusion, to the maximum extent possible, of 'norities and
women, and entities owned by minorities and women, in all contracts (see 24 C R 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contra t for
construction (in the case of residential construction, projects with eight or more unit) triggers the
requirements.
. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics an laborers
employed in construction work under Federally-assisted contracts are paid wag s and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from he wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs e paid time
and one-half for work in excess of 40 hours per week, and provides for the pa ent of
liquidated damages where violations occur. This act also addresses safe and he lthy working
conditions.
. Copeland (Anti-Kickback) Act (40 USC 276c); Govems the deductions from p ychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Fe erally
assisted project to relinquish any compensation to which helshe is entitled, and equires aU
contractors to submit weekly payrolls and statements of compliance.
. Fair Labor Standards Act of 1938, As Amended (29 USC 201. et. sea.); Establi hes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an e ployee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, th City and the
Provider must take measures to avoid hiring debarred or suspended contractors or s brecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of24 CFR 85.36 apply. or non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict of Interest: The CDBG regulations require grantees (the City), state re ipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-int rest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. Th second,
Page 3 of?
" .j
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth i the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procuremen of property
and services by grantees (the City), state recipients, and subrecipients (the P ovider).
These regulations require the City and the Provider to maintain written stan ards
governing the performance of their employees engaged in awarding and ad inistering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shal participate
in the selection, award or administration of a contract supported by CD G if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider ot accept
gratuities, favors or anything of monetary value from contractors, poten . al
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 int rest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent r officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest ap ly in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover e ployees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no erson
covered who exercises or has exercised any functions or responsibilities wit respect to
CDBG activities or who is in a position to participate in decisions or gain in ide
information:
May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselv s or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provid r) entity.
Upon written request, exceptions to both sets of provisions may be granted y HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the dis losure has
been made public; and
Provided a legal opinion from the City stating that there would be no vi lation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the servic s of any
contractor or subrecipient during any period of debarment, suspension or place ent of
ineligibility status. The City should check all contractors, subcontractors, lowe -tier
Page 4 on
contractors or subrecipients against the Federal publication that lists debarred, s spended and
ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, includ ng
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with t e
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, a d Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committe for non-
exempt activities. Private citizens and organizations may object to the release of fu ds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CF 58.70-
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) sh uld be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires at CDBG
funds shall not be provided to an area that has been identified by the Federal Emerg ncy
Management Agency (FEMA) as having special flood hazard, unless: The communi is
participating in the National Flood Insurance Program, or it has been less than a yea since the
community was designated as having special flood hazards; and Flood insurance is btained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Redu tion of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Rec iving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regu ations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of t e Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amen ed the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering Ie d-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphas s to reducing
lead in house dust. Scientific research has found that exposure to lead in du t is the most
common way young children become lead poisoned. Therefore, the new regulatio requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requir ents depend
on whether the housing is being disposed of or assisted by the federal governme , and also on
the type and amount of financial assistance, the age of the structure, and whether t e dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
. Housing built since January 1, 1978, when lead paint was banned for residential use
. Housing exclusively for the elderly or people with disabilities, unless a child der age 6 is
expected to reside there
. Zero-bedroom dwellings, including efficiency apartments, single-room occup ncy housing,
dormitories or military barracks
. Property that has been found to be free of lead-based paint by a certified Ie d-based paint
inspector
. Property where all lead-based paint has been removed
Page 5 of7
. '. ~
V.
VI.
. Unoccupied housing that wilI remain vacant until demolished
. Non-Residential property
. Any rehabilitation or housing improvement that does not disturb a painted surfa e
TYPES OF HOUSING SUBJECT TO 24 CFR 35
. Federally-Owned housing being sold
. Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
. Housing occupied by a family (with a child) receiving tenant-based subsic y (such as a
voucher or certificate)
. Multifamily housing for which mortgage insurance is being sought
. Housing receiving federal assistance for rehabilitation, reducing homelessm ss, and other
special needs
If you want copies of the regulation or have general questions, you can call the Nati nal Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing im aired. You
can also download the regulation and other educational materials at
htlP://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ex!. 104, or e-mail HUD at lead regulationsla1hud.gov.
DISPLACEMENT, RELOCATION, ACQillSITION AND REPLACEMENT )F
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of uni ~ with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" r quirements. )
COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG unds from
the City of Miami Beach comply with the primary National Objective, "Benefit to L pw and
Moderate Income Persons" and will provide services or activities that benefit at leas 51% low
and moderate income persons. A low or moderate-income household is defined as: ~ household
having an income equal to, or less than, the limits cited below. Individuals who are ~related but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 03/08/2006) (Source: U. ~.
Department of Housing & Urban Development) (Note: Low-Income (80% ofMedi~ n Income),
Very Low-Income (50 % of Median Income) Median Family Income FY 2006: $55 900)
Household Size 30% of Median Verv Low-Income Low Income
I Person $11,750 $19,550 $ 1,300
2 Person $13 ,400 $22,350 $ 5,750
3 Person $15,100 $25,150 $" 0,250
4 Person $16,750 $27,950 $" 4,700
5 Person $18,100 $30,200 $~ 8,300
6 Person $19,450 $32,400 $ 1,850
7 Person $20,750 $34,650 $ 5,450
8 Person $22,100 $36,900 $ 9,000
Page 6 of?
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. . .
LOW/MODERATEINCOMEDATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/M od
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41,01-2 2,137 4,002 53.40
41,01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13 ,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L~
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/M ld
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 67.1 0
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72%LI1'
F:\neigIHSG-CDIMERCY\CONTRACTS\06-07\Attachmcm IV CDBGdoc
Page 7 of?
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. .
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
THE SHELBOURNE APARTMENT BUILDING. INC.
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-06 MC-12-00l4
CFDA Number/Title:
142181 COMMUNITY DEVELOPMENT BLOCK GRANT
Date:
/~qi2$6
The undersigned certifies, to the best of his or her knowledge and belief, that:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
THE SHELBOURNE APARTMENT BUILDING. INC.
() JtI} ~~~
Signature
l..zft/.2IJOt
Date
'1> fl/I . -roM L.. (;J
Print Name of Authorized Signatory
WA-RJ Tf!.eA$Uf?E(L
Print Title of Authorized Signatory
Page I ofl
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOillREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
THE SHELBOURNE APARTMENT BUILDING. INC.
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-06 MC-12-00l4
CFDA Number/Title:
142181 COMMUNITY DEVELOPMENT BLOCK GRANT
1:i12086
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
7/~ JG.Frr;;e.So~ /tV[ ,+yj)
~35' PeNNa/... VA,.y/rt AVe
M I ftfl1 / A Eitel-! P L 3-
/,-:;
THE SHELBOURNE APARTMENT BillLDING. INC.
~fJ1~
Signature
/?/~c.
,
Date
]) . (I) ~ !;M L- /iJ
Print Name of Authorized Signatory
!5()Rr/2.1) lREASl/~p
Print Title of Authorized Signatory
Page 1 of 1
10 .. ~ ...
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDA T
;J
CONTRACT REFERENCE CDBG CONTRACT YEAR 32 Fiscal Year 2006/2007
NAME OF FIRM, CORPORATION, OR ORGANIZATION THE SHELBOURNE
BUILDING, INC.
AUTHORIZED AGENT COMPLETING AFFIDAVIT ))
POSITION el/tflJ:> jr<EA>uR-Gt2-
u rv1 to fJII L./ ;J
I,
, being duly first
That the above named form, corporation or organization is in compliance with d agrees to
continue to comply with, and assure that any subcontractor, or third party contract r under this
project complies with all applicable requirements of the laws listed below including, b t not limited
to, those provisions pertaining to employment, provision of programs and services, tr nsportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 32 ,42 U.S.C.
12101-12213 and 547 U.S.c. Sections 225 and 611 including Title I, Employm nt; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Pri ate Entities;
Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.c. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.c. Section 3601-3631.
J)M~
Signature
(Type of identification)
J d/ 5( 2>>tN~ I
Do. 4
~ ()zL, lo
(Date) ,
. HelShe is personally known tt me or has
~ id,"tifi~';1
(Serial N2?e~gS1blZ
~~
SUBSCRIBED AND SWORN TO (or affirmed) before me on
by
D. m\O rn\, (\
(Affiant)
presented
(Signature of Nota I' ~ I P,neda
~ ~ . My CommiSSIon 00285722
':0''''/ i=:r:nirA5< FebrllRf'II 08 2008
(Print or Stamp ame of Notary)
~~
Notary Public
(State) Notary Seal
The City of Miami Beach will not award a contract to any firm, corporation or organizati n that fails to
complete and submit this Affidavit with the firm, corporation or organization's bid or prop sal or fails to
have this Affidavit on file with the City of Miami Beach.
Page 1 of 1