2000-24205 RESO
.
RESOLUTION NO. 2000-24205
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE FISCAL YEAR 1999/2000 ONE-YEAR ACTION PLAN,
REALLOCATING $15,973 OF FISCAL YEAR 1999/2000 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS FROM THE
FOLLOWING PROJECTS: COMMUNITY COUNCIL OF JEWISH
ELDERLY ($53); OPERATION SAFETY NET ($11,203); PERFORMING
ARTS ACADEMY ($235); UNIDAD ($20); AND THE CITY OF MIAMI
BEACH ADMINISTRATION ($4,462); TO MIAMI BEACH SENIOR HIGH
SCHOOL TO P ARTlALL Y FUND THE PURCHASE AND INST ALLA TION
OF FIRE SAFETY GATES, AT AN ESTIMATED $24,000, TO SATISFY
SAFETY REQUIREMENTS; AND FURTHER AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY AND MIAMI BEACH SENIOR HIGH SCHOOL ALLOCATING
THE AFOREMENTIONED FUNDS.
WHEREAS, on July 7, 200 the Mayor and City Commission adopted Resolution 99-23238
approving the One-Year Action Plan for 1999/2000 Federal Funds; and
WHEREAS, the One-Year Action Plan for 1999/200 lists the grant awards for the Community
Development Block Grant (CDBG) Program subrecipients that provide services through this
Program; and
WHEREAS, the City wishes to amend the One-year Action Plan for Fiscal Year 1999/200 by
reallocating $15,973 in unspent Fiscal Year 19999/2000 funds from the following organizations:
Community Council of Jewish Elderly ($53); Operation Safety NET ($11,203); Performing Arts
Academy ($235); UNIDAD ($20); and the City of Miami Beach Administration ($4,462); and
WHEREAS, on November 28th, 2000, the Community Development Advisory Committee
(CDAC) unanimously approved a proposal to allocate the aforementioned recaptured Fiscal Year
1999/2000 CDBG funds, in the amount of $15,973, to Miami Beach Senior High School to defray
the $24,000 cost of purchasing fire safety gates; and
WHEREAS, the proposed Amendment does not change the priority needs or objectives as
outlined in the Fiscal Year 19999/2000 Action Plan.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission herein approve an Amendment to the 1999/2000 One Year Action Plan ,reallocating
$15,973 of Fiscal Year 1999/2000 Community Development Block Grant (CDBG) program funds
from the following projects: Community Council of Jewish Elderly ($53); Operation Safety NET
($11,203); Performing Arts Academy ($2350); UNIDAD ($20); and the City of Miami Beach
Administration ($4,462); to Miami Beach Senior High School to partially fund the purchase and
installation of fire safety gates, at an estimated $24,000, to satisfy safety requirements; and further
authorizing the Mayor and City Clerk to execute an agreement between the City and the Miami
Beach Senior High School allocating the aforementioned funds.
PASSED and ADOPTED this 20th day of December, 2000.
1dJ
MAYOR
ATTEST:
~r PdA~
CITY CLERK
APPROVED A< 'f" I
FORM & I.ANG;'}~~::;:,
& FOR EXfCUi ION
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T:\AGENDA\2000\DEC2000\CONSENTlFIREGA TES RESO.DOC
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach,fl.us
COMMISSION MEMORANDUM NO.
91/(;,-00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez \.. ~
City Manager 0 0'- a
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO
THE FISCAL YEAR 1999/2000 ONE-YEAR ACTION PLAN,
REALLOCATING $15,973 OF FISCAL YEAR 1999/2000 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FUNDS FROM THE
FOLLOWING PROJECTS: COMMUNITY COUNCIL OF JEWISH ELDERLY
($53); OPERATION SAFETY NET ($11,203); PERFORMING ARTS
ACADEMY ($235); UNIDAD ($20); AND THE CITY OF MIAMI BEACH
ADMINISTRATION ($4,462); TO MIAMI BEACH SENIOR HIGH SCHOOL
TO PARTIALLY FUND THE PURCHASE AND INSTALLATION OF FIRE
SAFETY GATES, AT AN ESTIMATED $24,000, TO SATISFY SAFETY
REQUIREMENTS; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND
MIAMI BEACH SENIOR HIGH SCHOOL ALLOCATING THE
AFOREMENTIONED FUNDS.
DATE: December 20, 2000
FROM:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 7,1999, the City adopted the One-Year Action Plan for Federal Funds for Fiscal Year
1999/2000. The Plan allocates funds received from the U,S, Department of Housing and Urban
Development (HUD) through the Community Development Block Grant (CDBG) Program.
After the close of Fiscal Year 1999/2000, the City recaptured unspent funds from the following
CDBG subrecipients: Community Council of Jewish Elderly ($53), Operation Safety NET
($11,203), Performing Arts Academy ($236), UNIDAD ($20) and the City of Miami Beach's
Community and Economic Development Department's Administration ($4,462).
The Community Development Advisory Committee (CDAC) at its October 24th, 2000 meeting,
heard a proposal to allocate recaptured and unspent fiscal year 1999/2000 CDBG funds in the
amount of $15,973 to Miami Beach Senior High School to help defray the $24,000 cost of
AGENDA ITEM C 7/1
DATE /A-i)O-(XJ
MBSHS Fire Gates
December 20, 2000
Page 2
purchasing four single and four double fire safety gates. On November 28, 2000 CDAC voted to
unanimously approve the Administration recommendation to fund Miami Beach Senior High School
in the amount of $15,973 towards the purchase of fire safety gates. In accordance with HUD
regulations, the City will amend the One-Year Action Plan when the City intends to carry out an
activity not previously described in the One-Year Action Plan.
Further, the Administration has complied with HUD requirements for implementing an amendment
to the One-Year Action Plan by advertising a thirty-day citizen comment period in English and
Spanish newspape s of general circulation that ended on December 12,2000.
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CO~TYDEVELOPMENTBLOCKGRANTAGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI-DADE COUNTY PUBLIC SCHOOLS
This Agreement made and entered into this l,t day of October, 2001, by and between the CITY
OF MIAMI BEACH, a rnunicipal corporation, hereinafter referred to as "the City", and MIAMI-DADE
COUNTY PUBLIC SCHOOLS, hereinafter referred to as "Provider".
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant Program for the period
October 1, 2001, to September 30, 2002 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant (CDBG)
Program is the development of viable urban communities, including decent housing and a suitable living
environment and expanding economic opportunities principally for persons oflow and moderate income;
and
I WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2001-24517 on July 18,2001; and
WHEREAS, City of Miami Beach Resolution No. 2000-24205 reallocated funds from the One-
Year Action Plan for Fiscal Year 1999-2000 to partially fund the purchase and installation of fire safety
gates to satisfy safety requirements at Miami Beach Senior High School; and
WHEREAS, the City has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2001/2002, the necessity for engaging the Provider to render the following services in Miami
Beach: PURCHASE AND INSTALLATION OF FIRE SAFETY GATES (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Agreement Documents: Agreement documents shall consist of this Agreement and five
(5) attachments, all of which are incorporated by reference into this Agreement:
. Attachment I contains a description of the Program service and goals offered by the
Provider.
. Attachment II is a line item budget.
. Attachment III outlines fmancial management procedures and reporting forms for use
with Community Development Block Grant funds.
. Attachment IV contains applicable federal regulations.
. Attachment V contains a copy of an inspection report with respect to school
inspections at Miami Beach Senior High School and Fienberg-Fisher Elementary
School.
Section 2.
Statement of Work: The Provider agrees to implement the activities in accordance with
the Budget, as described in Attachments I and II.
PURCHASE AND INSTALLATION OF FIRE SAFETY GATES
(570.208(a)/570.20 l( c))
To install panic hardware on eight (8) exit gates in the campus of Miami Beach Senior
High School to allow for egress at all times while preventing unauthorized access from
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Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
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trespassers, allowing the school staffto address safety concerns without compromising
fire safety. Miami-Dade County Public School's Department of Safety, Environment and
Hazards Management will administer the project and will assume the remaining funding
required to install panic hardware in the remaining four (4) exit gates.
Agreement Amount: The City agrees to make available Fifteen Thousand Nine
Hundred Seventy Three Dollars ($15,973) for use by the Provider during the term ofthe
Agreement.
Alterations: Any proposed alterations in the Program offered by the Provider and/or the
budget shall first be submitted to and approved in \Vriting by the City, said approval at the
City's sole discretion.
Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly Prograrn progress reports to the City on the 10th day of each month, throughout
the term of this Agreement. The Provider also agrees to submit periodic reports on the
status of the Provider's conformance and response to the Fire Marshall's areas of concerns
(as stated in documentation included in Attachment V.) The Provider also agrees to
submit, on September 30, 2002, a comprehensive final report covering the agreed-upon
Program objectives, activities, and expenditures during the term of this Agreement,
including, but not limited to, performance data on client feedback, with respect to the
goals and objectives outlined in Attachment I. Attachment III contains reporting forms to
be used in fulfillment of this requirement. Other reporting requirements may be required
by the City in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. The Provider shall be
informed, in \Vriting, if any changes become necessary. Reports and/or requested
documentation not received by the due date shall be considered delinquent and shall be
considered by the City, at its sole discretion, as sufficient cause to suspend pending CDBG
payments to the Provider, and/or recuperate a portion of the CDBG funds referenced
herein.
Monitoring: The City shall schedule no less than one (1) monitoring visit with the
Provider to evaluate the progress and performance of the Program and, at its discretion,
provide technical assistance.
Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used by Provider for compensation, as contemplated by
this Agreement, originate from grants of Community Development Block Grant funds
from the U.S. Department of Housing and Urban Development (HUD) and must be
implemented in full compliance with all ofHUD's rules and regulations. It is expressly
understood and agreed that in the event of curtailment or non-production of said federal
grant funds, the financial sources necessary to continue to pay the Provider all or any
portions of the funds contemplated herein will not be available, and that this Agreement
will thereby terminate effective as of the time that it is determined by the City, in its sole
discretion and judgement, that said funds are no longer available. In the event of such
determination, the Provider agrees that it will not look to, nor seek to hold liable, the City
or any individual member of the City Commission thereof personally for the performance
of this Agreement and all of the parties hereto shall be released from further liability each
to the other under the terms of this Agreement.
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Section 8. Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable federal regulations as they may apply to program
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all state and local laws and ordinances hereto
applicable. It shall be the Provider's sole and absolute responsibility to familiarize itself
with any and all such applicable federal regulations, as well as any and all applicable state
and local laws and ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the Community Development Block Grant Program. "Benefits" under this section means
financial assistance, public services, jobs and access to new or rehabilitated housing and
other facilities made available under activities funded by the CDBG Program. "Benefits"
do not include relocation services and payments to which displacees are entitled by law.
Section 10. Subcontract: No part of this Agreement may be assigned or subcontracted without the
prior written consent of the City, such consent to be at the City's sole discretion.
Section 11. Term: This Agreement shall remain in effect from October 1,2001, through September
30, 2002, with the understanding that at the end of any fiscal year during the term herein,
the City of Miami Beach City Commission has the authority to reappropriate any
remaining unused funds.
Section 12. Termination of Agreement: The City and Provider agree that this Agreement may be
terminated for convenience and without cause, by either party hereto by written notice to
the other party of such intent to terminate, at least thirty (30) days prior to the effective
date of such termination. In the event of such termination for convenience by either party,
the City shall cease any payments to Provider for costs resulting from obligations, which
were not properly incurred before the effective date of termination. Additionally, Provider
shall be solely responsible for submitting a final report, as provided in Section 5 of the
Agreement, detailing all Program objectives, activities and expenditures up to the
effective date of the termination. Said "final report" shall be due within five (5) working
days following the effective date of the termination. Upon timely receipt of Provider's
"fmal report", the City, at its sole discretion, shall determine the amount (if any) ofCDBG
funds to be returned to the City as a result of any incomplete Program items and/or items
not satisfactorily performed, and shall provide Provider with written notice of any monies
due. Said monies shall be due and payable upon receipt of such notice by Provider.
Notwithstanding the preceding, the City reserves any and all rights and responsibilities it
may have with regard to recapture of the CDBG funds herein, or any assets acquired or
improved in whole or in part with said funds.
Notwithstanding the preceding paragraph, the City may also place the Provider in default
of this Agreement, and may suspend or terminate this Agreement for cause. "Cause" shall
include, but not be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be determined
by the City in its sole discretion, in accordance with the terms of this Agreement,
or any Federal, State, County or City of Miami Beach statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
3
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c. Implementation ofthis Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the sub-recipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default.
Such notification shall include: (i) actions taken by or to be taken by the City, such as
withholding of payments; (ii) actions to be taken by the Provider as a condition precedent
to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no
more than fifteen (15) days from notification date. In the event that Provider fails to
correct such deficiency within the aforestated period, and following such notice from the
City, this Agreement shall be terminated by the City, without further notice to Provider.
In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this
Agreement will terminate, effective as of the tirne that it is determined such funds are no
longer available. Costs of the Provider resulting from obligations incurred during a
suspension or after termination, are not allowable unless the City expressly authorizes
them in the notice of suspension or termination, or subsequent thereto. Other costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if, in the sole discretion of the City:
a. The costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and, in the
case of termination, are noncancelable; and
b. The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes effect.
In the event of termination of the Agreement, at its sole discretion, the City may require
Provider to transfer any CDBG assets to the City pursuant to Section 16 herein.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department of
Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under applicable
federal regulations) gained from any activity ofthe 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
S570.200(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.
4
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in
the provision of such public services.
d. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols or decorations.
e. The funds received under this Agreement shall not be used to construct, rehabilitate,
or restore any facility which is owned by the Provider and in which public services are
to be provided. However, minor repairs may be made if such repairs are directly
related to the public services; are located in a structure used exclusively for non-
religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG
expenditure for the public services.
Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any
CDBG funds on hand at the time of termination or expiration and any account receivable
attributable to the use of CDBG funds.
Any real property under the Provider's control that was acquired or improved in whole or
in part with CDBG funds (including CDBG funds provided to the Provider in the form of
a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly
section 570.901) until five years after expiration of the term of this Agreement, or
for such longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or
such instrurnent as the City, at its discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shall pay to
the City an amount equal to the current market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property. No payment is required after the
period of time specified in subsection (a).
Section 17. Conformity to HUn regulations: The Provider agrees to abide by guidelines set forth by
the U.S. Department of Housing and Urban Development for the administration and
implementation of the Community Development Block Grant Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of the U.S. Department of Housing
and Urban Development shall have access to any books, documents, papers and records of
the Provider that are directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts and transcriptions. The Provider shall comply with the
requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-profit
Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions"
as applicable. The Provider shall comply with the following provisions of the Uniform
Administrative requirements of OMB Circular A-I10 (implemented at 24 CFR Part 84,
"Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG
provision, as specified in this paragraph:
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a Subpart A - "General";
b Subpart B - "Pre-Award Requirements", except for ~84.l2, "Forms for Applying
for Federal Assistance";
c Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shall follow the standards
of ~~ 85 .20(b )(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of ~ 84.24, CDBG sub-recipients
shall follow ~ 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of ~84.32, CDBG sub-recipients shall
follow ~ 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of ~
84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in ~ 84.53(b) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than
from the date of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of~ 84.61, CDBG
subrecipients shall comply with ~ 570.503(b)(7); and
d Subpart D - "After-the-Award Requirements" - except for ~ 84.71, "Closeout
Procedures".
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Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Prograrn, research reports,
and similar public notices prepared and released by the Provider for, on behalf of, and/or
about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ADMINISTERED BY THE NEIGHBORHOOD
SERVICES DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the Community Development Block Grant Program, and all applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs,
direct and indirect labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reirnbursement is claimed under
the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the CDBG activity delivery cost by Program and the non-CDBG
related charges.
c. How the Statutory National Objective(s) as defmed in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defmed in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured location
for a period of four (4) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the four
year period, the records will be maintained until all litigation, claims or audit fmdings
involving these records are resolved. The City shall be informed in writing after closeout
ofthis Agreement, of the address where the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often as City
and/or Federal Government representatives may deem necessary, the Provider shall make
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available all records, documentation, and any other data relating to all matters covered by
the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
standards of OMB A -133, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. IndemnificationlInsurance Requirements: The Provider shall indemnify and hold
harmless the City from any and all claims, liability, losses and causes of action which may
arise out of an act, omission, negligence or misconduct on the part of the Provider or any
of its agents, servants, employees, contractors, patrons, guests, clients, licensees or
invitees pursuant to this Agreement and/or the Program. The Provider shall pay all claims
and losses of any nature whatsoever in connection therewith and shall defend all suits in
the name of the City, when applicable, and shall pay all costs and judgements which may
issue thereon. This Indemnification shall survive the termination and/or expiration of
term of this Agreement.
The Provider shall not commence any work and/or services pursuant to this Agreement
ootil all insurance required ooder this Section has been obtained and the City's Risk
Manager has approved such insurance. In the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the execution of this
Agreement, this Agreement shall become null and void and the City shall have no
obligation ooder the terms thereof ooless a written extension of this thirty (30) day
requirement is secured from the City Administration.
The Provider shall maintain and carry in full force during the term of this Agreement
and/or throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in
the amooot of $1,000,000 single limit. The policy must include coverage for
contractual liability to cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statute.
c. Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement.
Limits for such coverage shall be in the amooot of $500,000.
d. The City ~fMiami Beach shall be named as an additional insured ooder all such
insurance contracts and City of Miami Beach Resolution No. 2001-24517 shall
be referenced in the certificate.
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e. Thirty- (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Provider and
hislher insurance company.
f. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
g. Original Certificates of Insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These
certificates wi11 be kept on file in the Office of the Risk Manager, Third Floor City
Hall.
All insurance required by this section of the Agreement shall be and remain in full force
and effect for the entire term of the Agreement and/or throughout the duration of the
Project, whichever is greater, and each certificate or policy shall carry the provision that
the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days
written notice to that effect, given by the insurance carrier to the City, and that the
insurance carrier will not invoke the defense of performance of a governmental function
by the Provider in performing this contract.
Compliance with the foregoing requirements shall not relieve the Provider of the liabilities
and obligations under this Section or under any other portion of this Agreement. The City
shall have the right to obtain from the Provider specimen copies of the insurance policies,
in the event that submitted Certificates of Insurance are inadequate to ascertain
compliance with required coverage. All of Provider's certificates, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage of the policy.
Section 22. Conffict of Interest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions of24 CFR 570.611 "Conflict of Interest", and the Federal,
State, County and City of Miami Beach statutes, regulations, ordinances or resolutions
governing conflicts of interest. The Provider shall disclose, in writing, to the City any
possible conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of the same shall lie in
Miami-Dade County, Florida.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address, with copies to the Office of the City Attorney:
9
City:
Joanna Revelo, Director
Community Development Division
Neighborhood Services Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Merrett R. Stierheim, Superintendent
Miami-Dade County Public Schools
1450 N.E. 2nd Avenue
Miami, FL 33132
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for rnoney damages
due to an alleged breach by the City of this Agreernent, so that its liability for any such
breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of $10,000, less the amount of
all funds actually paid by the City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, which amount shall be reduced by the
amount of the funding actually paid by the City to Provider pursuant to this Agreement,
for any action or claim for breach of contract arising out of the performance or
nonperformance of any obligations imposed upon the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date fir bove written.
ACH
OLS
::~~ f~
City Clerk
Merrett R. Stierheim, Superintendent of Schools
Typed Name and Title
F:\DDHP\$ALL\L YSSETTB\AcrPLAN\2001-02\contracts\MBSH\CDBG Contract.doc
APPROVED AS TO
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CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To install panic hardware on eight (8) exit gates in the campus of Miami Beach Senior High School to
allow for egress at all times while preventing unauthorized access from trespassers, allowing the school
staff to address security concerns without compromising fire safety. As part of this contract, the City of
Miami Beach Fire Marshall will develop a list of concessions from the Miami-Dade County School Board
relating to fire safety, including, but not limited to, fire inspections and enforcing the fire codes. Miami-
Dade County Public School's Department of Safety, Environment and Hazards Managernent will
administer the project and will assume the remaining funding required to install panic hardware in the
remaining four (4) exit gates. The Miami-Dade County School Board agrees to provide periodic updates
on the status of the School Board's conformance and response to the Fire Marshall's areas of concern.
The campus of the Miarni Beach Senior High School has exit gates at various locations throughout the
site. In the event of an emergency, the gates are utilized by students and staff members for evacuation.
Fire codes dictate that the gates comply with fire codes but present a challenge for school administration
to maintain security at the school site. Non-authorized individuals have the opportunity to enter the
school campus via the unlocked gates. The installation of panic hardware on the gates will allow for
egress at all times while preventing unauthorized access to trespassers. This project will allow the school
staff to address security concerns without compromising fire safety.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Begin ordering parts for project.
2. Begin work on project.
3. Complete work on project.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2001 1112001 12/2001 1/2002 2/2002 3/2002 4/2002 5/2002 6/2002 7/2002 8/2002 9/2002
I X X
2 X
3 X
F:\DDHP\$ALL\L YSSETTEIACTPLAN\2001-01 \contractlMBSH Attachment I.doc
Page 1 of I
CDBG AGREEMENT
October 1, 2001 to September 30,2002
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name: MBSH - Purchase & Installation of Fire Safety Gates Funding Year: 2001/2002
Provider Name: Miami-Dade County Public Schools Date Submitted:
Category Category Breakdown CDBGIESG Other Funds Other Funding Total Funds
Number Funds Sources
1 Fire/Panic Gates - Materials $3,576 $1,788 Miami-Dade County $5,364
Public Schools
2 Fire/Panic Gates - Labor $12.397 $7,991 Miami-Dade County $20,388
Public Schools
Grand Total
$25,752
Total CDBGIESG Funds
Total Other Funds
Page 1 of3
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: MBSH - Purchase & Installation of Fire Safety Gates Funding Year 2001/2002
Provider Name: Miami-Dade County Public Schools Date Submitted:
Catel!orv Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
1 Materials for FireIPanic Gates (8 x $447.00 each) $3,576 $3,576
1 Materials for FireIPanic Gates (4 x $1,699 each) $1,788$ $1,788
Total Amount $3,576 $1,788 $5,364
Page 2 of3
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: MBSH - Purchase & Installation of Fire Safety Gates Funding Year 200112002
Provider Name: Miami-Dade County Public Schools Date Submitted:
Cate20rv Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
2 Labor for Installation ofFire/Panic Gates (8 x $12,397 $12,397
$1,699 each)
2 Labor for Installation of Fire/Panic Gates (4 x $6,796 $6,796
$1,699 each)
Total Amount $12,397 $6,796 $19,193
F:\DDHP\$ALLIL YSSETIE\ACTPLAN\200 l-02\con1racts\MBSIDBudget Forms.doc
Page 3 of3
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT ill
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTIVITIES
To comply with federal regulations, each program must have a financial management system that
provides accurate, current and complete disclosure of the financial status of the activity. This means the
financial system must be capable of generating regular financial status reports which indicate the dollar
amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which
contract exists), and the amount expended for each activity. The system must permit the comparison of
actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace
every CDBG dollar received and prove where it went and for what it was used.
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for four years in order to show for what
purpose funds were spent. Payments should not be made without invoices and vouchers physically in
hand. All vouchers/invoices should be on vendor's letterhead.
All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours
worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs
for each employee, a voucher statement indicating the distribution of payroll charges should be prepared
and placed in the appropriate files.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD
or Treasury officials or their representative.
One copy of the vendors' audited fmancial statement shall be submitted to the City immediately following
the end of the vendors' fiscal year(s) during which CDBG funds are received.
Payments to sub-recipients will be on a reimbursement basis to be submitted to:
Joanna Revelo, Director
Community Development Division
City of Miami Beach
Neighborhood Services Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report
forms, in a format consistent with the approved budget as shown in Attachment IT, including an analysis
of expenses to budget. A cash advance may be available upon special request.
F:\DDHP\$ALLIL YSSETIEIACTPLAN\200 1-02\BoilerplateslAttachment IlI.doc
Page 1 of!
CDBG AGREEMENT
October 1, 2001 to September 30, 2002
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et seq.): States that no
person rnay be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
. The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap offamilial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Equal Opportunity in Housing (Executive Order 11063. as amended bv Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975. As Amended (42 USC 6101 ): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Aftlrmative Marketing
The Provider rnust adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
. Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity
language);
Page lof7
. A description of what owners and/or the Provider will do to affirmatively market housing
assisted with CDBG funds;
. A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
. Maintenance of records to document actions taken to affIrmatively market CDBG-assisted
units and to assess marketing effectiveness; and
. A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
. Americans with Disabilities Act (42 USC 12131: 47 USC 155.201. 218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
. Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
. The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
Page 2 of7
n. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
. Eaual Emplovrnent Ooportunity. Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service areal
. MinorityIWomen's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
. Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
Page 3 of7
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. sea.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement: For the City, the procurement standards of24 CPR 85.36 apply. Fornon-profit
organizations receiving CDBG funds, the procurement requirements at 24 CPR Part 84 apply.
. Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CPR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibi.Jities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
Page 4 of7
May obtain a [mancial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
m. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
Page 5 of7
The regulation sets hazard re~uction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
. Housing built since January 1, 1978, when lead paint was banned for residential use
. Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
. Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks
. Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector
. Property where all lead-based paint has been removed
. Unoccupied housing that will remain vacant until demolished
. Non-Residential property
. Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
. Federally-Owned housing being sold
. Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
. Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
. Multifamily housing for which rnortgage insurance is being sought
. Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing irnpaired. You
can also download the regulation and other educational materials at
http://www.hud.gov/offices/leadJindex.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulationsla>.hud.l!ov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WIm NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Incorne Persons" and will provide services or activities that benefit at least 51 % low
and moderate income persons. A low or moderate-income household is defined as: a household
Page 6 of7
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 3/29/2001) (Source: U.S. Department
of Housing & Urban Development) (Note: * 80% of Median Income, ** 50 % of Median
Income)
Household Size
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Moderate Incomme*
$25,550
$29,200
$32,850
$36,500
$39,400
$42,300
$45,250
$48,150
Low Incomme**
$15,950
$18,250
$20,500
$22,800
$24,600
$26,450
$28,250
$30,100
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33.183 45.587 73% L/M
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons 0;" Low/Mod
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12.000 72%L/M
F:\DDHP\$ALL\L YSSETIE\ACTPLAN\2001-02\Boilerplates\Attachment IV Final.doc
Page 7 of7
CERTIFICATION OF CDBG-FUNDED
CONSTRUCTION/REBABILITATION PROJECTS
If the Provider anticipates using CDBG funds for construction or rehabilitation, the following
federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the
city's departments of Planning, Neighborhood Services, Public Works, Building, Code Compliance,
and Fire. If the project is located in the Miami Beach Architectural District, or affects a building
listed or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between the SHPO and the City.
B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of
an environmental review of the project, and said review is approved by any government agencies as
may be required by law.
C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in
compliance with federal, state and local labor requirements. The Provider agrees to include in the
construction bid specifications in connection with this agreement the applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
contractor/subcontractors that they will be required to submit documents after a city-conducted pre-
construction conference and prior to construction. Weekly and/or monthly reports must be
submitted thereafter, as required by the federal government.
D. The Provider agrees to comply wioth, and to assure that its subcontractors comply with, the federal
Office of Management and Budget (OMB) Circular Number A-l02 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circular A-l02 Attachment 0 for
the procurement of supplies, equipment, construction and services; and with Federal Management
Circular A-87; or any other applicable OMB circular.
E. Pursuant to Section l09 of the Act, the Provider specifically agrees that no person shall be denied
the benefits of the program on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take
affirmative action in attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-I02, and by Florida Statutes Section 287.055,
professional services must be competitively selected. The competitive selection process must
include a public advertisement; issuance of a request for proposal and a competitive review based
on uniform criteria. Selection criteria must consider the basic qualifications, professional
competence, experience and suitability of each firm. Fees for professional services must be
requested as a fixed sum and not stated as a percentage of construction costs.
H. All documents, bid specifications, notices and construction drawings must be submitted for the
review and approval ofthe Neighborhood Services Department prior to public advertisement.
I. The bidding process for construction contracts must include a formal advertisement, published in
The Miami Review, Dodge Reoorts and The Miami Builder's Exchange. This announcement must
include the following:
Page 1 of2
1. The date, time and place that bid documents are available, and the same information for
any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a
performance and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of the project
and the various applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City CDBG monies are the
sole funding source, the City may require that bids be received and opened by the City's
Procurement Department.
K. The Provider agrees to submit to the City's Neighborhood Services Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specify a time of.completion and include a liquidated damage clause in all
construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts
will not be permitted.
M. If the Provider is awarded CDBG funds, other conditions and requirements will be specified in the
funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been
issued.
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and
Community Development Act of 1974 as amended, the Provider agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's project depends upon compliance with the
requirements contained in this document.
~PUBLJC SCHOOLS
Signature
1.1 I), / PI /JtJ)
Merrett R. Stierheim
Print Name of Authorized Signatory
Superintendent of Schools
Print Title of Authorized Signatory
Page 2 of2
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
B-OI-MC-12-0014
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):
Miami Beach Senior High School
2231 Prairie Avenue
Miami Beach, FL 33139
1//J / fil'PI2
Date' !
MpTrpt~ R ~ri~~h~;m
Print Name of Authorized Signatory
Superintendent of S~honl~
Print Title of Authorized Signatory
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK. GRANT
Grant Number:
B-OI-MC-12-0014
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Mernber 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
cormection 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.
1/;' / I;~JJ
Date
~~rr~rr ~ Stierheim
Print Name of Authorized Signatory
Su~~i,ttftdf~t of.S~~ls
nt It e 0 uilionze 19natory
Page 1 of I
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
CDBG CONTRACT YEAR 27. Fiscal Year 200112002
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI-DADE COUNTY PUBLIC SCHOOLS
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITION Suoerintendent of Schools
PHONE NUMBER L-J
I
Merrett R. Stierheim
. being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not
limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Signature
SUBSCRlBED AND SWORN TO ('" aIfumed) b,li<, m, on--M
J\'\t fre++- K. sfim,e,; ft1
, (Affiant)
Date
q dOd:l-
(bate)
by
. ~She is personally known to me or has
as identification.
presented
..f) (Type of identification)
OZJ)-c;J1e ~
(Signature of Notary)
Notary Public
~o. CG c;rfO/1'1
(Serial Number)
71 [1/" /;2.. d)Od'r
(Expiration Date)
Page 1 of 1
CERTIFICATION OF
LEAD BASED PAINT REOUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction,
purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
1. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of
applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per ooit.
INSPECTION AND TESTING REOUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment
building to be rehabilitated, if there is a family residing in one of the ooits with a child ooder seven years
of age with an identified elevated blood level condition (concentration oflead in blood of 25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defmed as all exterior surfaces of a residential structure, up to five feet from
the floor or groood, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children ooder seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by
HUD. Test readings of I mg/cm or higher shall be considered positive for presence of lead based paint.
REOUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation
work. All chewable surfaces in any room foood to contain lead based paint must be treated before fmal
inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they are
foood to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting
without thorough removal or covering does not constitute adequate treatment.
Page I of2
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied.
Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or
chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint
contained ill this Certification, and understand that my organization's project eligibility depends
upon compliance with the requirements contained in this document.
MIAMI-DADE COUNTY PlffiLIC SCHOOLS
Signa"'" jffiu1
1 /IJ/ ~;,
Date / I
Merrett R. Stierheim
Print Name of Authorized Signatory
Su~erintendent of Schools
Print Title of Authorized Signatory
Page 2 of2
CITY OF MIAMI BEACH
GT,OSSARY
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 V.S.C. 6001-6006). The term also
includes the surviving member or members of any household described in the first sentence of this
paragraph who were living in an assisted unit with the disabled member of the household at the time of his
Page 1 of7
or her death.
Elderly Household: For RUD 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 sarne household who are
related by birth, marriage or adoption. The term "household" is used in combination with the term
"related" in the CRAS 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 defmition) 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 (PRAs) and Indian Housing Authorities (1HAs) to
use Section 8 assistance under the rental certificate and rental voucher programs, together with public and
private resources, to provide supportive services, that will enable participating families to achieve
economic independence and self-sufficiency.
Federal Preference for Admission: The preference given to otherwise eligible applicants under RUD'S
rental assistance programs who, at the time they seek housing assistance are involuntarily displaced, 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 RUD-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
defmition).
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 Ouarters: Facilities providing living quarters that are not classified as housing units. (U.S. Census
definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and shelters.
HOME: The HOME Investment Partnerships Program, authorized by Title 11 of the National Affordable
Page 2 of7
Housing Act.
Homeless Familv: Family that includes at least one parent or guardian and one child under the age of 18, a
homeless pregnant woman, or a homeless person in the process of securing legal custody of a person under
the age of 18, living in situations described by terms "sheltered" or "unsheltered".
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children, living in situations described by terms "sheltered" or "unsheltered".
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations described
by terms "sheltered" or "unsheltered".
Household: One or more persons occupying a housing unit (U.S. Census definition). See also "Family".
Housing Problems: Households with housing problems include those that: (1) occupy units meeting the
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 defmition.)
Institutions/Institutional: Group quarters for persons under care or custody. (U.S. Census defmition.)
Large Related: A household of 5 or rnore 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
of HUD's findings that such variations are necessary because of prevailing levels of construction costs or
fair market rents, or unusually high or low family incomes. (This definition is different than that for the
CDBG Program.)
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 srnaller 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
Page 3 of7
rents, or unusually high or low family incomes. (This definition is different than that for the CDBG
Program.)
Non-Elderlv Household: A household which does not meet the definition of "Elderly Household," as
defmed 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 defmition.)
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 defmition 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 HUDls findings that such variations are necessary because of prevailing levels of construction costs or
fair rnarket 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 defmition.)
Phvsical Defects: A housing unit lacking complete kitchen or bathroom. (U.s. Census definition.)
Jurisdictions may expand upon the Census definition.
Primary Housing Activity: A means of providing or producing affordable housing -- such as rental
assistance, production, rehabilitation or acquisition -- that will be allocated significant resources and/or
pursued intensively for addressing a particular housing need. (See also, "Secondary Housing Activity".)
Proiect-Based (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant.
Tenants receiving project-based rental assistance give up the right to that assistance upon moving from the
proj ect.
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
Page 4 of7
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 Occuoied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Secondarv Housing Activity: A means of providing or producing affordable housing such as rental
assistance, production, rehabilitation or acquisition -- that will receive fewer resources and less emphasis
than primary housing activities for addressing a particular housing need. (See also, "Prirnary Housing
Activity".)
Section 215: Section 215 of Title II of the National Affordable Housing Act. Section 215 defines
"affordable" housing projects under the HOME program.
Service Needs: The particular services identified for special needs populations, which typically may
include transportation, personal care, housekeeping, counseling, meals, case management, personal
emergency response, and other services to prevent premature institutionalization and assist individuals to
continue living independently.
Severe Cost Burden: See Cost Burden> 50%.
Severe Mental TIlness: 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.
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. ")
Page 5 of7
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 proj ect in excess
of $25,000 per dwelling unit.
SUDDortive Housing: Housing, including Housing Units and Group Quarters, that have a supportive
environment and includes a planned service component.
SUDDortive 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
developrnent 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 rnanagement, rnedical 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
proj ect.
Total Vacant Housing Units: Unoccupied year round housing units. (U.S. Census definition.)
Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not
designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets,
parks, alleys).
Vacant Awaiting OccuDancv 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 defmition.)
Vacant housing Unit: Unoccupied year-round housing unit that is available or intended for occupancy at
any time during the year.
Verv 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
Page 6 of7
further distinguishing within this category, two subgroups (0 to 30% and 31 to 50% ofMFI) have been
established in the CHAS tables and narratives.)
Worst-Case Needs: Unassisted, very low-income renter households who pay more than half of their income
forrent, live in seriously substandard housing (which includes homeless people) or have been involuntarily
displaced.
Year Round Housing Units: Occupied and vacant housing units intended for year round use. (U.S. Census
definition.) Housing units for seasonal or migratory use are excluded.
Page 7 of7
CDBG Agreement
October 1, 2001 to September 30, 2002
ATTACHMENT V
ADDITIONAL INFORMATION
. City of Miami Beach Letter to Commission Number 64-2000 dated 4/4/2000 in re:
School Inspections
. Miami Beach Fire Department, Fire Chiefs Office Interoffice Memorandum, dated
3/31/2000 in re: School Inspections
. Miami Beach Fire Department Fire Administration Office Interoffice Memorandum,
dated 3/30/2000 in re: School Inspections
. Miami Beach Fire Rescue Department Fire Safety Inspection Report dated 3/22/2000
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
hUp:\\ci.miami-beach.11.U5
L.T.C. No. 64-2000
LETTER TO COMMISSION
April 4, 2000
I have just received the attached report with respect to school inspections at Miami Beach Senior
High School and Fisher-Fienberg Elementary School. As can be seen from the reports, there are still
numerous Fire Code violations in both of these schools which have not been corrected as of the date
of each report. We are continuing to inspect all public and private school facilities within the
jurisdictional limits of the City of Miami Beach and will provide a cornprehensive report to you upon
completion of the inspections.
Also provided in the attached materials is a summary of all the public and private schools that are
to be inspected and a copy of a memorandum that summarizes a March 27, 2000 meeting between
the Fire Marshals from Miami-Dade County and other jurisdictions with the Miami-Dade County
Public Schools.
LAL:lcd
Attachments
c: Mayra Diaz Buttacavoli. Assistant Ciry Manager
JanetGavanele, Assistant City Manager
Christina Cuervo, Assistant City Manager
Matthew Schwartz, Assistant City Manager
Ronnie Singer, Exeeutive Assistant 10 the City Manager
Mary Greenwood, Executive Assistant to the Cily Manager
Floyd Jordan. Fire Chief
Richard Bam:to, Police Chief
Robert Parcher, City Clerk
Mickey Krop, Member, Miami-Dade Public School Board
Roger Cuevas, Superintendent. Miami.Dade Public School System
Dr. Grace Nebb, Principal. Fienberg-Fisher Elementary School
Dr. Jeonne Friedman. Principal. Miami Beach Senior High School
Maria Ruiz, Director, Office or Children's Affairs
F:\CMGR\SALL\L Tf.:-OO\FIREfNSP ELM
MIAMI BEACH FIRE DEPARTMENT
FIRE ADMINISTRATION OFFICE
Interoffice Memorandum
To: Chief Floyd Jordan
. ~aje: 3/30/00
"
From: Fire Marshal Russell White
Subject: School Inspections
Attached, please find the inspection reports for Beach High and Fisher-Feinberg, a synopsis of the
inspections done on the private schools, and a report on a meeting held between the Fire Marshals
and representatives of the School Board. As you can see, progress is being made on this subject,but
the depth of the problem precludes any quick-fix solution. We will continue to monitor the situation,
and participate in the ongoing dialogue between the affected entities.
"Rapid Response,
Quality Services"
'F'~ i' MIAMI BEACH
..j' . IRE RESCUE DEPARTMENT
Fire PreYeatioa DlvtstoD
PUBLIC ICDUCATION
2300 PI". Tre. Drive
JIlaml a....b. FL 33140
Pholle: (3015) 673-7123
FlU<: 130151673-7881
....................................................~..
FIRE SAFETY INSPECTION REPORT
MIAMI BEACH SENIOR HIGH SCHOOL
Dare or Report: Marth 22, 2000
Dure or Inspection: March 1-1, 15, 16, 2000
Agent: Principal
Addre..: 2231 Prairie Avenlle
Miami Beach, FL 33139
Property: 2231 Pnlirie Avenue
Miami Beach, Florida
Activity No: ~1I
I. REPORT OF LIFE-THREATENING FIRE VIOLATIONS:
A. The following items listed are violations of Chapter 5 - Section 5.5 of the STATE
REQUIREMENTS FOR EXISTING EOUCA TIONAL FACILITIES (SREF). The
violations below are defined as "LIFE THREATENING DEFICIENCIES" and stated
as follows: "Life threateninG deficiencies reouire promot corrective action by the
board or withdrawal of the educational or ancillary facility from use until
corrected. Life threatenino deficiencies include. but are not limited to. n<m-
functional fire alarm system. existina non-functional sprinkler system. doors with
padlocks or other locks which oreclude earess at all times. and inadeauate-exit~(n,
1) SREF Chapter 5, (Existing facili,ties) Section 5.5 (8) (g) Emergency Rescue
Openings (Secondary Means of Egress) states: "In non-sprinklered buildin!gs,
every instructional space, and other spaces normally subject to studf!nt
occupancy of ten (10) or more, has at least one (1) window, panel, or door
leading to the exterior or a separate atmosphere...... Secondary means of
egress/emergency rescue openings are identified by permanently mounted
signs indicating either "EMERGENCY ESCAPE" or "EMERGENCY RESCUE -
KEEP AREA CLEAR" and secondary means of egress/emergency rescue is
provided by one of the following:
1. A window or panel with a clear opening a minimum of twenty (20) inches
wide by twenty-four (24) inches in height with the bottom of the opening
not more than forty-four (44) inches above the finished floor.......
a. Windows and panels are operable from the inside by a single operation
and without the use of tools.
b. The window or panel latching device is mounted not more than fifty-
four (54) inches above the finished floor......
c. If a security screen or grill is installed on the window or panel, It is
operable from the inside by a single operation and without the use of
tools and the release device is readily identifiable and accessible.
3/22/00
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 2000
2. A side-hinged door a minimum of twenty~ight (28) inches wide and six (6)
feet eight (8) inches tall opening directly to the exterior at ground level.
Doorways providing handicap accessibility have a minimum clear width of
thirty-two (32) inches.
3. Interior instructional spaces are provided with side-hinged or double
acting communicating doors providing a secondary means of
egress/emergency rescue complying with the following:
a. The doors are free of any locking device.
b. Access to the exterior, separated exit corridors, a separate
atmosphere, or to at least one enclosed exit stair is provided.
c. The travel distance from the instructional space to the exterior is one
hundred fifty (150) feet or less in unsprinklered buildings......
d. An illuminated exit sign is permanently mounted at the head of each
side-hinged door indicating the direction of exit travel~
e. A sign indicating "EMERGENCY ESCAPE" or "EMERGENCY EGRESS -
KEEP AREA CLEAR" is mounted on each side of the double-acting
communicating door." .
SREF Section 5.5 (10) (c) 5 states: "Every classroom and space normally
subject to student occupancy, except in fully sprinklered buildings, has at
least -one (1) window or door to the exterior and the window or door is
operable from the inside without the use of tools, AND every classroom or
space normally subject to student occupancy has at least one (1) dfJor
opening directly to the exterior or a protected interior means of egress of an
estimated one half (%) hour rating." SREF Section 5.5 (16) (e) 16., states:
"Setf-cfosing- frrrr and srnokestop doors are maintained in- aft operatioflaJ
condition at all times and will release upon activation of the fire alclrm
system. "
My inspections on March 14, 15, and 16 2000, revealed classrooms on thE! N
side of the ground floor and the second floor of the 100 bldg., both floors of
the 200 and 300 bldgs., and room 012 do not have a window, panel or door as
specified and labeled above for EMERGENCY ESCAPE/EGRESS or
EMERGENCY RESCUE. The Full Service Portable has no secondary means of
egress. Also required signage is missing from the emergency escape
windows in rooms 016 and 017. Please provide adequate emerQencv
escape/rescue window. panel or door. as indicated above for all classrooms
occupied bv 10 or more students. the Full Service Portable. and replace
missina sianaae in the indicated rooms.
~' My inspections on March 14, 15, and 16, 2000, also revealed broken and/or
ineffective door closures on both of the smoke doors located in the hallway
between the gym and the laundry. Also, these smoke door electromagnetic
devices are inoperable. Repair all broken door closures and the above
indicated electromaanetic devices.
3/22/00 2
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14. 15
Miami Beach, Florida & 16,21100
2). SREF Chapter 5, (Existing facilities) Section 5.5 (8) (c) 5 "Door Stops" states:
"Interior fire-rated doors with closures are free of any manual hold-open
devices such as door stops, wedges, etc.
My inspections on March 14, 15, and 16 2000, revealed many exit corridor clOd
individual classroom doors have door stops installed on them. Ple.~
remove all door stoDS on exit corridor. individual classroom doors. and all
fire-rated doors with installed automatic door closures.
3). SREF Chapter 5,(Existing facilities) Section 5.5 (16) (e) 3 states: "ManwJ/ly
operated sending stations are maintained in an operable condition at all
times. They shalf be located near all main exits and in the natural path of
escape from fire at readily accessible and visible points, which are free of .my
obstruction. As authorized by NFPA 101, facilities provided with a two-way
communicating system between all normally-occupied spaces and a
continuously manned location where a general alarm can be sounded, the
manual sending stations may be omitted, except in spaces with a capacit}' of
one hundred (100) or more or in other spaces as required by the authority
having jurisdiction, provided the following conditions are met:
a. The communication system is a two-way system with the capability of
originating calls from any station.
b. Stations are located in all student-occupied areas.
c. The manned location is attended continuously while tha huill'ling is.
occupied by students or public, days, nights, or weekends.
d. The communication system is connected to emergency power.
e. The system is tested periodically to assure proper operation.
My'inspections on March 14, 15, and 16 2000, revealed broken or inoperalble
two-way communication system boxes in the Kitchen, Rock Ensemble, Ad,ult
Education Testing Center and rooms 113, 120,427/429, Repair aU broken or
inooerable emerQencv intercom call boxes and install them in student-
occupied rooms where presently non exist. room 120
My inspections on March 14, 15, and 16 2000, revealed the glass breaking
device on the manual alarm pull station is missing in the Career Center and in
the hallway across from restrooms next to Computer Room 705 in Main
Office. ReDair all functional manual Dull stations with chain and alass
breakina device.
3/22100
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property; 2231 Prairie Ave Date Inspected; March 14,15
Miami Beach, Florida & 16,20'00
II. OTHER FIRE SAFETY VIOLATIONS:
A). These violations may or may not be considered "life threatening" situations. ]
1). SREF Chapter 5, (Existing facilities) Section 5.5 (8) (b) 1, Egress and Exit
Doors, states: "In buildings designed before October 18, 1994, egress doors
and gates, regardless of use or location, swing in the direction of exit travel,
except in rooms occupied by less than twenty (20) persons......
My inspections on March 14,1., and 162000, "'vealed the primary exit de",r I
to classroom 411 does not swing in the direction of exit travel. Please install
door to provide for proper swine direction.
2). Section 5.5 (12) (g) regarding "Classroom and Office Fumiture" states: "Exits are
free of any classroom or office fumiture which would impede access through a
meansJliegress. .
My inspection revealed egress doors are partially blocked in classrooms 905,
112, 114, 220, 227, 228, 310, 312, 321, 331, 333, 411, 419, 431,423, and 427.
Please relocate the teacher's desks or other furniture that are partiallv
blockina the exit doors from the above indicated classrooms.
3). Section 5.5 (10) (I) 2 g, states: "A graphic <<flagram of primary and secondary
evacuation routes is pos1ed adjacent to the primary exit door from each studmt-
occupied space. The diagram clearly indicates, by cOllb_'ting color and number, Ithe
primary and secondary route of evacuation. (If an exit door from a self-contained
classroom opens directly to the exterior, a diagram Is not required)." Section 5.5 (10)
(I) 4, states: "In educational facilities that house grade four (4) and above, ...........
signage is mounted at sixty (60) Inches above the finished floor on the latch side of
doors... Section 5.5 (10) (I) 6, states: 'Wall mounted signs and graphics are attached
to the building in such a way so as to discourage vandalism."
My inspection on 3114,15, and 1612000, revealed many diagrams are not attached to
the buDding in such a way as to discourage vandalism, sixty (60) inches above the
finished floor on the latch side of the door. Please have these and all diaarams
attached to the buildina accordina to the above reauireme.ll::6.
3/22/00
4
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 2(100
4). Section 5.5 (11) (a) 8, states: "Extinguishers remain fully charged a,nd
operable at all times and are tagged to indicate compliance, including the
date of inspection."
My inspec.on ",..aled.", e..ngnishers we", not maintained (no inspe.'on I
tag) in room 717 of the Adult Education Office. Please have this fire
extinauisher provided with the reauired inspection taa.
5)
Section 5.5 (11) (a) 9, states: "Fire extinguishers are readily assessible al~ all
times. (F;re extinguishers may be located inside student-occupied spaces
provided they are located adjacent to the primary exit door, the door rema'ins
unlocked when the facility is occupied, and a permanently affixed sign, with a
red background and white litters reading "FIRE EXTINGUISHER INSIDE" is
placed adjacent to the door.)
My inspection revealed the fire extinguisher in the laundry room is locclted
clear an- the' far wall away from the_ door, which would make it dangerow~ to
obtain this extinguisher should a fire occur in the laundry room. Please have
this fire extinauisher relocated iust inside adiacent to the door_
6).
Section 5.5 (11) (a) 10, states: "Fire blankets are located in each laboratory
and each shop where a personal'fire hazard may exist... Section 5.5 (ftt fat 1,
states: "Fire extinguishers and fire blankets are placed in locations which are
readily accessible and suitable for the hazard present and are readily visibl'e."
My inspection revealed fire blankets missing from their hangers in rooms :122,
323. 327 & 901. The fire blanket hanger in room 902 stockroom is not
mounted on the wall. Please replace all missina fire blankets and mo,unt
hanaer in room 902 stockroom.
7).
Section 5.5 (16) (c), regarding "Emergency Lighting" states: "Emergency
lighting is provided in all student-occupied areas and group toilets and is
maintained in an operational condition at all times, and externally or internally
illuminated exit signs are continuously illuminated whether in the general or
emergency power mode." Section 5.5 (13) (w) 11. (e) regarding relocatables
(portables) states: "Each unit is equipped with emergency lighting."
.~.
0'
My inspection revealed exit signs are not illuminated in the following areas:
Health Center portable. Please replace bulbs or battery in these exit liahts.
3122100
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16,2000
The eme'!lency lighUng in the Heallh Cente, portab'e i. located 'n a CU..'.la'l
closet. Please relocate this emerQencv liQht so that it illuminates the way to an
~
8). Section 5.5 (16)(f) 2 c & d, and 5.5 (15) (a) 5 a, states: "Electrical rooms are
free of storage." And "Unobstructed access is provided to a/l electrical
panels." And "Mechanical equipment rooms and air-handler rooms are free of
any type of storage."
My inspection revealed storage in 2nd floor elevator room, of the 400 bldg..
room 703C in the Main Office and the electrical panels in rooms 316, 3":", 313
329 (storage materials room), 321, 151 (Chorus & keyboard room) and the
back room behind the front desk of the library are blocked. Please remove
storaae in all electrical and mechanical rooms and clear awav obstruction to
the electrical panels in the above indicated areas.
9). Section 5.5 (13) (aa) "Storage" states: "The areas above or below exit stailrs and
ramps, .whether interior or exterior, are free of any storage rooms or closets and
are ncrt used for storage of any kind:"
My inspection revealed storage in the stairwell that leads down from the rear
of the girl's locker room, blocking the exit door. Please remove the storaQe
from this area to allow unobstructed earess throuah exit door.
10). SREF Section 5.5 (10) (I) 2 e, states: OIuminated exit and directional signs as appropriate.
NFP A 101 Life Safety code Section 5-10.1.4 states: Access to exits shall be marlked by
approved, readily visible signs in all cases where the exit or way to reach it is not readily
apparent to the occupants.. Dlumination or this sign as required by NFPA 101 Section 5-
10.3.
My inspection revealed there should be an illuminated exit sign to indicate the
secondary exit from the boy's varsity locker room. Please install this exit siQn
above the doorway accordina to the above requirements.
11). Section 5.5 (10)(e) 1, "Separation of Spaces" states: "Separate storage space is
provided for flammable, poisonous, hazardous materials, liquids, and equipment
powered by internal combustion engines and their fuels and these spaces are
enclosed to prevent the spread of fire and smoke and open to the exterior only.
Section 5.5 (13) (aa) 2 "Chemical and Hazardous Storage"states: "Chemical and
hazardous storage facilities comply with the following:
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 20,00
a. Rooms andlor cabinets used for the storage, handling, and dispol.al of
chemicals are lockable, vented to the exterior, and have shelves with a eone-
half (%) inch lip on the front; and door locks are operable at all times from the
inside of the room, even if key locked from the outside; and rooms are kept at
moderate temperatures and well illuminated.
b. Buildings and/or rooms used for the storage, handling, and dispolial of
flammable, poisonous, or hazardous materials or liquids, and equipment
powered by internal combustion engines and their fuels are kept in a safe,
secure, and orderly condition at all times and shall comply with all appliicable
NFPA standards.
c. NFPA 101 Life Safety Code, Chapter 11 "Existing Educational Occupaflcies"
Section 11-3.2.1 "Protection from Hazards" states: "Rooms or spaces f.or the
storage, processing, or use of materials specified below shall be protected in
accordance with the following:
(1) Separation from the remainder of the building by fire barriers having a
fire resistance rating of not less than 1 hour or protection of such rooms
by automatic extinguishing systems as specified in Section 6-4 in the
following areas:
(a) Boiler and furnace rooms.
io) Rooms or spaces used for the storage of combustible supplies in
quantities deemed hazardous by the authority having jurisdiction.
(c) Rooms or spaces used for the storage of hazardous materi als or
flammable or combustible liquids in quantities deemed hazardous
by recognized standards.
{d.). Rooms C'o'ltaining fueL
My inspection revealed large quantities of hazardous chemicals and cleaning
supplies stored in a caged area of the weight room of the 400 bldg. Ple;i1se
relocate these hazardous storaQe materials to comply with the abl)Ve
reauirements.
12). Section 5.5 (16) (f) "Power" states: Electrical wlnng and equipment are
maintained in a safe and secure condition at all times and comply with the
following:
1. Electrical outlets:
a. All outlets are grounded.
b. All convenience outlets installed within two (2) feet [within six (6) feet for
new construction under SREF 97] of water supplies, wet locations, toilet
rooms and the exterior with direct grade level access have a ground fault
circuit interrupt protection device (GFCI). (The ground fau,t circuit
interrupt protection device is not required for grounded receptacles
serving only water coolers, if the receptacle is single or covered behind
the water cooler enclosure.)
c. Outdoor ground fault interrupter protected outlets are provided for all
buildings.
3/22/00 7
\.
MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 2000
d. Flammable storage rooms are free of electrical receptacles.
e. Extension cords are free of being stapled to any surface or run through or
over doors, windows, or walls. They are used only in continuous lengths
and without splice or tape. Adapters comply with Underwriters
Laboratory (UL) and have over-current protection with a total rating of no
more than fifteen (15) amperes."
My inspection revealed extension cord. wiring spliced from light fixture- to
stereo running .along cage and wall in the weight room of the 400 bl!dg.
Extension cord wiring on ceiling in room 110. Please remove these cords.
My inspection revealed computers plugged into many power strip adapters
which, in turn, are plugged into one extension cord dangerously overloading
the outlets in the Adult Education testing Center and room 908. Please
replace these powerstrip adapters with sUfficient outlets located & desiQlled
for the computers in these rooms.
My inspection revealed missing GFI outJets near water supply in room 116
(Home Economics Lab). Please replace reQular outlets with the reauired GFI
outlets.
My inspection revealed missing electrical cover plates in weight room of the
400 bldg., the instrument storage room of the Band Room, Room 322.and the
cover plate of a light fixture in Room 326 has slid down exposing electrical
wires. Please replace cover plates to the above indicated areas.
13).
SREF Section 5.5 (14) (a) "Elevators" states: "Passenger elevators comply with
applicable state and federal accessibility requirements. Passenger and service
elevators are inspected by the Bureau of Elevator Inspection, Department of
Business and Professional Regulation.
My inspection revealed the semi-annual elevator inspection is due for the
elevator in the 400 bldg.. Please have this elevator inspected and post the
inspection notice in elevator.
3/22/00
8
MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 2000
14). SREF Section 5.5 (13) (p) 1., "Laboratories and Shops" states: "Each laboratory
type space, such as chemistry, physics, and home economic labs, and each
shop type space, such as automobile, wood working, and welding !.hops,
equipped with unprotected gas cocks, compressed air valves, water servic e, and
electric service, easily accessible to students, has master control val\'es or
switches with permanently attached handles...........
(a) The master control valves and switches are clearly labeled and loc21ted in
a non-lockable place accessible at the instructor's station to all(IW for
emergency cut-off services, and valves completely shut-off with .1 one-
quarter (%) turn.
My inspection revealed unprotected gas cocks with no emergency gas shut-
off station present in room 902 stockroom Please provide this emeraencv cut-
off master control valve in this room.
15).
SREF Section 5.5 (10) (e) 4., "Separation of Spaces" states:
"........... Penetrations in fire-resistant rated construction are sealed with
approved materials and methods to maintain original fire- and smokl~-tight
condifion. "
"
My inspection revealed horizontal openings in the Auditorium Stage area on
the North side by the water fountain, in the Auditorium Lobby wall next to the
women's restroom and above the ceiling tiles in room 313 a horizontal
opining to the outside. A vertical opening in the ceiling of the Band ROI)m.
Ceiling tiles are missing in the fol/owing areas: Room 907 (3 tiles), enteralrtce
to weight room of the 400 bldg. (1 tile), Room 114 (2 tiles), Room 313 (1 tile),
Room 313 storage closet (numerous), 300 wing janitorial closet has vertical
and horizontal openings that are not firestopped & sealed, Room 331 (2 tiles)
and the Library has approximately 80 ceiling tiles missing. Please replace all
missina ceillna tiles and seal or fire stoD all vertical and horizontaloDeninas
in fire-rated walls and ceilinas.
3/22/00
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16).
SREF Section 5.5 (13) (t) "Performing Arts Theaters and Auditoriums (Serving
the Public)," states: "Performing arts theaters and auditoriums, including the
adjacent and related spaces associated with the main seating area such as
stages, dressing rooms, storage, lobby public restrooms, work rooms, and
kitchens, are in compliance with the UBC for casualty and sanitation safety and
NFPA 101 for fire safety requirements." NFPA 101 "Existing Assembly
Occupancies," Section 9-3.2.1.9 "Fire Protection" states: "Every stage shall be
protected by an approved automatic sprinkler system complying with Section 7-
7. The protection shall be provided throughout the stage and in storerooms,
workshops, permanent dressing rooms, and other accessory spaces contiguous
to such stages. EXCEPTION: Sprinklers shall not be required for stages 1,000
sq. ft. or less in area............."
9
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 2231 Prairie Ave Date Inspected: March 14, 15
Miami Beach, Florida & 16, 2000
My inspection revealed no sprinkler system provided for this stage. Please
provide a sprinkler system for this staae accordina to the above
requirements.
17). SREF Section 5.5 (13) (z) 1. b. states: Curtains and flies on stages have an
attached label verifying flame resistance.
My inspection revealed stage curtains do not have an attached label verirying
flame resistance. Please provide flame resistance staae curtains or test i3nd
treat curtains with approved flame retardant to verifv flame resistance imd
attach appropriate flame resistance labels to staae curtains.
18). SREF Section 5.5 (8) (d) "Glazing," 1. & 2. b., states: "Glazing is secured on all
sides, is free of any loose or broken pieces, is in good repair, and complies with
the following:
1. Fire-Rated Glazing. Fire-rated glazing material has a permanent stamp,
mark, or manufacturer's label identifying the product and fire rating.
2. Haiardous Locations. Areas'subject to human impact, and hazardous
locations, shall be glazed with safety plastic, tempered glass, safety glass,
or in fire-rated assemblies, impact-resistant fire-rated glazing material.
The following are specific hazardous locations for the purpose of glazing:
a. Fire-rated doors have wire glass or fire-rated glazing.
b. Fire-rated glazed panels have wire gtass or f'trlM"ated gtazing...........
My inspection revealed non-fire-rated glazing panels in the doors of roo.ms
125 & 310. Please replace these panels. and any other classroom d02!]!
reauirina wired or fire-rated alazina. with wire alass or fire rated alazina
accordina to the above requirements.
Please correct these violations as soon as possible. A COpy of this repart is sent to John
Dibenedetto. Director of Safety, Miami-Dade County Public Schools. 4300 Biscavne Blvd.,
Miami. Florida 33137.
If you have any Questions, please do not hesitate to contact this office at 673-7123.
Sincerely,
Firesafety Inspector Mogen
Division of Fire Prevention
Served by: Hand/Certified Mail #
3/22/00
10
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," '"' FIre _eattoa Dlvldoll
,/ ~ ,,,or 1- PUBLIC EDUCATION
Quality Services" 1';.. ,;. 2300 Plae Tree Drive
,,- lIDlUDl Beach, n. 33140
,:i, .., .1:. * ."!?~EA~ Fax: (3051673-7881
..~ IRE RESCUE DEPARTMENT
"Rapid Response,
......................................................
FIRE SAFETY INSPECTION REPORT
FIENBERG FISHER ELEMENTARY SCHOOL
Date or Report: March 2... 2000
Date or Inspection: March 17, 20.21,2000
AgeDI: Grace Nebb, Principal
Address: 1..20 Washington Avenue
Miami Beach. FL JJIJ9
Property: 1..20 Washinglon Ave.
Miami Beacb, F10lida
Activity No: 011-002
I. REPORT OF LIFE-THREATENING FIRE VIOLATIONS:
A. The following items listed are violations of Chapter 5 - Section 5.5 of the STATE
REQUIREMENTS FOR EXISTING EDUCATIONAL FACILITIES (SREF). The
violations below are defined as "LIFE THREATENING DEFICIENCIES" and stated
as follows: "Life threatening deficiencies reauire oromot corrective action bv the
board or withdrawal of the educational or ancillarv facilitv from use until
corrected. Life threatening deficiencies include. but are not limited to. non-
functional fire alarm svstem. existing non-func.tional sorinkler svstem. doors w11h
oadlocks or other locks which oreclude earess at all times. and inadeauate exit.'S."
1). SREFChapter 5, (Existing facilities) Section 5.5 (8) (g) Emergency Rest:ue
Openings (Secondary Means of Egress) states: "'n non-sprinklered buildings,
every instructional space, and other spaces normally subject to student
occupancy of ten (10) or more, has at least one (1) window, panel, or door
leading to the exterior or a separate atmosphere...... Secondary means of
egress/emergency rescue openings are identified by permanently mounted
signs indicating either "EMERGENCY ESCAPE" or "EMERGENCY RESCUe -
KEEP AREA CLEAR" and secondary means of egress/emergency reSCUE' is
provided by one of the following:
1. A window or panel with a clear opening a minimum of twenty (20) inches
wide by twenty-four (24) inches in height with the bottom of the opening
not more than forty-four (44) inches above the finished floor.......
a. Windows and panels are operable from the inside by a single operation
and without the use of tools.
b. The window or panel latching device is mounted not more than fifty-
four (54) inches above the finished floor......
c. If a security screen or grill is installed on the window or panel, it is
operable from the inside by a single operation and without the use of
tools and the release device is readily identifiable and accessible.
MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspec.ted: March 17, 20 .
Miami Beach, Florida & 21,2000
2. A side-hinged door a minimum of twenty-eight (28) inches wide and six (6)
feet eight (8) inches tall opening directly to the exterior at ground level.
Doorways providing handicap accessibility have a minimum clear width of
thirty-two (32) inches.
3. Interior instructional spaces are provided with side-hinged or double
acting communicating doors providing a secondary means of
egress/emergency rescue complying with the following:
a. The doors are free of any locking device.
b. Access to the exterior, separated exit corridors, a separate
atmosphere, or to at least one enclosed exit stair is provided.
c. The travel distance from the instructional space to the exterior is one
hundred fifty (150) feet or less in unsprinklered buildings......
d. An illuminated exit sign is permanently mounted at the head of each
side-hinged door indicating the direction of exit travel.
e. A sign indicating "EMERGENCY ESCAPE" or "EMERGENCY EGRESS -
KEEP AREA CLEAR" is mounted on each side of the double-acting
communicating door."
oJ....~r oJ",.;.:,,),. ....J (a'l \~I ., .std(d~; C.vc(y ~jd.s.shJV'" ....'" ~........." ..............1
subject to student occupancy, except in fully sprinklered buildings, has at
least one (1) window or door to the exterior and the window or door is
operab.le from the inside without tbe use of tools, AND every classroom or
space normally subject to student occupancy has at least one (1) door
opening directly to the exterior or a protected interior means of egress of an
estimated one half (%) hour rating." SREF Section 5.5 (8) (b) 2. d., states:
"Fire-rated doors are self-closing and equipped with positive latching devil:es
to hold them in a closed position.
.:-:"
My inspections on March 16, 19, and 20,2000, revealed all classrooms do not
have a window, panel or door as specified and labeled above for
EMERGENCY ESCAPE/EGRESS or EMERGENCY RESCUE. Please provide
emerQencv escape/rescue window. panel or door and reQuired labelinQ. as
indicated above. for all classrooms occupied bv 10 or more students.
My inspection revealed fire - rated doors in the following locations do not
close and latch properly: Room 22, Room 7, Room 117, Room 119, Room
218, Room 214, and door closure and latching device assembly on adjoining
door to Room 319 is missing. Please repair the above doors so that they
close and latch property.
2). SREF Section 5.5 (16) (e) 6 b., states: "Alarm sounding devices are
distinctive in pitch and quality from all other sounding devices."
~
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My inspections revealed the alarm sounding devices are inaudible in
buildings 11, 12, and 13 as reported by building occupants. Test alarm
system for audibility reQuirements and install alarm soundinQ devices in all
areas as needed.
l
MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspected: March 17, 20
Miami Beach, Florida & 21, 2000
II. OTHER FIRE SAFETY VIOLATIONS:
A). These violations may or may not be considered "life threatening" situations. ]
1). SREF Chapter 5, (Existing facilities) Section 5.5 (8) (c) 5 "Door Stops" states:
"Interior fire-rated doors with closures are free of any manual hold-open
devices such as door stops, wedges, etc.
Please remove ail door stops on exit corridor. individual classroom doo!:l!.,
and all fire-rated doors with installed automatic door closures.
2). SREF Chapter 5, (Existing facilities) Section 5.5 (16) (e) 3 states: "Manually
operated sending statIons are maintained in an operable condition at all
times. They shall be located near all main exits and in the natural path of
escape from fire at readily accessible and visible points, which are free of any
obstruction.
My inspections on March 14, 15, and 16 2000, revealed the glass breaking
devices on the manual alarm pull stations are missing in the following
locations: r floor across from Room 6, Panda Cafe two (2) missing,
Kitchen; ~ ~ putt- statton across from Room 214 and 8OfI'I8- bEtH&- ~ ift
disrepair. Repair ALL manual pull stations and eauip them with chain and
alass breakina device.
3). Section 5.5 (12) (g) regarding "Classroom and Office Furniture" states: "Exits are
free of any classroom or office furniture which would impede access through a
means of egress. Section 5.5 (8) (c) i., "Unsafe LocIcing Devices," states: "All doors
are free of any padlock, chain, hasp, lock, deadbolt, or other device which would
prevent free use of the door for egress at any time. n
My inspection revealed egress doors are partially blocked in classrooms 14,
217, 223AB, Adult Education Classroom (BACC), and one exit egress hall of
the Raindrop Childcare Center. Also, one of the doors from classroom 18 is
blocked from the outside by the open door from the boy's restroom. Door to
Room 17a has a sliding latch. Please relocate the furniture that is partiallv
blockina the exit doors from the above- indicated areas. move the door to the
boy's restroom to the other side of openina and remove slidina latch from
door to room i7a.
l
MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspected: March 17, 20
Miami Beach, Florida & 21, 2000
4). Section 5.5 (10) (I) 2 g, states: "A graphic diagram of primary and secondary
evacuation routes is posted adjacent to the primary exit door from each studlmt-
occupied space. The diagram clearly indicates, by contrasting color and number, the
primary and secondary route of evacuation. (If an exit door from a self-contained
classroom opens directly to the exterior, a diagram is not required)." Section 5.5(10)
(I) 3, states: "In educational facilities that house Pre-k through grade three (3),
including auxiliary spaces used by these students, signage is mounted at a maximum
height of forty-two (42) inches above the finished floor on the latch side of doors
........... Section 5.5 (10) (I) 6, states: "Wall mounted signs and graphics are attached
to the building in such a way so as to discourage vandalism."
My inspection on 3116,19, and 2012000, revealed many diagrams are not attached to
the building in such a way as to discourage vandalism, forty-two (42) inches ab<:lve
the finished floor on the latch side of the door. Please have these and all diaarams
attached to the buiJdina accordina to the above reQuirements.
5) Section 5.5 (11) (a) 9, states: "Fire extinguishers are readily accessible at all
times. (Fire extinguishers may be located inside student-occupied spaces
provided they are locater! adjacent to the primary exit door, the door remains
unloclfed when the facility is occupied, and a permanently affixed sign, with a
red background and white litters reading "FIRE EXTINGUISHER INSIDE" is
placed adjacent to the door.)
My inspection revealed the fire extinguisher in Room 123 is not located
adjacent to the primary exit door. Please relocate fire extinauisher iust inside
and adiacent to the door.
6). Section 5.5 (16) (c), regarding "Emergency Lighting" states: "Emergellcy
lighting is provided in all student-occupied areas and group toilets ana' is
maintained in an operational condition at all times, and externally or interncllly
illuminated exit signs are continuously illuminated whether in the general or
emergency power mode." Section 5.5 (13) (w) 11. (e) regarding relocatables
(portables) states: "Each unit is equipped with emergency lighting."
My inspection revealed exit sign in the Clinic does not illuminate in the
emergency power mode. Please replace bulbs or battery in these exit Iiahts.
7). Section 5.5 (16)(f) 2 c & d, and 5.5 (15) (a) 5 a, states: "Electrical rooms are
free of storage." And "Unobstructed access is provided to all electrical
panels. " And "Mechanical equipment rooms and air-handler rooms are free of
any type of storage."
Ij'!
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspected: March 17, 20
Miami Beach, Florida & 21, 2000
My inspection revealed storage in room 11A Mechanical room inside
Cafeteria, 15E Mechanical Room (remove ladder), Electrical Room under
stairwell by room 17, Room 017A of the Fienberg Bldg. Please remove stomqe
in all electrical and mechanical rooms.
8). Section 5.5 (13) (aa) "Storage" states: "The areas above or below exit stairs and
ramps, whether interior or exterior, are free of any storage rooms or closets and
are not used for storage of any kind."
My inspection revealed storage under exit stairwells in the following
locations: Custodian Closet under stairwell next to Room 1, Electrical Room
under stairwell by room 17, Custodial Closet under stairw~1I by Room 121,
and Custodial Closet under stairwell across from Room 118. Please remove
the storaae from these areas.
9). SREF Section 5.5 (10) (I) 2 e, states: Illuminated exit and directional signs as
appropriate.. NF?A. 101 Life Safety code Section 5-10.1.4 states: Access to exits
shall be-marked by approved, readily visible signs in all cases where the Elxit or
way to reach it is not readily apparent to the occupants. Illumination of this sign
as required by NFPA 101 Section 5-10.3. SREF Section 5.5 (16) (c), "Emer!'lency
Lighting, "states: "Emergency lighting is provided in all student-occupied areas
and group toilets and is maintained in an operational condition at all time:;, and
externally or internally illuminated exit signs are continuously illuminated
whether in the general or emergency power mode."
My inspection revealed no exit sign above exit of Room 222. Also, the ltxit
sign in the hallway outside Room 10 is damaged with exposed wires and not
illuminated and one exit sign in the Clinic does not illuminate in the
emergency mode. Please install exit siqn above the doorway inside Room
222 accordinQ to the above requirements and repair damaQed or n.on-
operatinq exit siQns at the indicated locations.
10). SREF Section 5.5 (13) (f) "Boiler Rooms" states: "Boiler room walls, floor, and
ceiling are of solid construction and are equipped with heat detectors connected
to the fire alarm system.........
1. The door swings open directly to the outside and, if opening toward a
building, has a fire-rating label.
2. If an additional door opens into the interior of the building, the door swings
into the boiler room and has a fire-rating label.
3. Boiler rooms are free of any equipment or materials not required for
operation of the boiler.
4. A valid boiler inspection sticker is displayed and clearly visible.
,
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspected: March 17, 20
Miami Beach, Florida & 21, 201)0
My inspection revealed a hot water heater installed in Custodial closet. The
hot water heater may remain but Please relocate the storaae materials to
complv with the above reauirements.
11). Section 5.5 (16) (f) "Power" states: Electrical wmng and equipment are
maintained in a safe and secure condition at all times and comply with the
following:
1. Electrical outlets:
a. All outlets are grounded.
b. All convenience outlets installed within two (2) feet [within six (6) feet for
. new construction under SREF 97] of water supplies, wet locations, toilet
rooms and the exterior with direct grade level access have a ground fault
circuit interrupt protection device (GFCI). (The ground fault circuit
interrupt protection device is not required for grounded receptacles
serving only water coolers, jf the receptacle is single or cO'lered behind
the water cooler enclosure.)
c. Outdoor ground fault interrupter protected outlets are provided for all
.buildings. _
d. Flammable storage rooms are free of electrical receptacles.
e. Extension cords are free of being stapled to any surface or run throLlgh or
over doors, windows, or walls. They are used only in continuous lengths
and without splice or tape. Adapters comply with Undel'\'vrlters
Laboratory (UL) and have over-current protection with a total rating of no
more than fifteen (15) amperes."
My inspection revealed extension cord run over nail in window in the
Teachers Lounge Room 4. Please replace this extension cord with a
powerstrip adapter with sufficient outlets located & desianed for ~
apPliances in this room_ Relocate appliances. Also. extension cords ~
beina used as permanent wirina in the followina rooms: Room214A. 21~
223,224.314.315. and the Computer Center. Extension cords sel'Vicina onlv
one appliance. run on the floor around baseboards is allowed. Extension
cords are for temporary wirina onlv and appliances pluaQed into them must
be unpluaoed when not in use. Power strip adapters pluaaed into an
extension cord and/or power strip adapters pluooed into each other is not
allowed. Please hardwire additional outlets in the above indicated areas and
all other areas where extension cords and power strip adapters are overly
used.
12).
SREF Section 5.5 (10) (e) 4., "Separation of Spaces"states:
............. Penetrations in fire-resistant rated construction are sealed with
approved materials and methods to maintain original fire-and smoke-tight
condition."
1
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MIAMI BEACH FIRE PREVENTION
INSPECTION REPORT
Property: 1420 Washington Ave Date Inspected: March 17,20
Miami Beach, Florida & 21, 2000
My inspection revealed horizontal opening in wall by the soda machines in the
Teacher's Lounge, Room 4. Firestop sealing needed around electrical conduit
in the storage closet between rooms 15 & 16 and heat detector condui't in
room 15, Storage Room across from Room 115, storage closet East of Main
Office, the ElectricalfTelephone closet located in the back storage room of the
Library, and Storage {book} room outside the Ubrary. Ceiling tiles are
. missing in the following areas: Room 218 (13 tiles missing), 112A next to
Principal's office, and room 220. Please replace all missina ceilina tiles and
seal or fire stop all vertical and horizontal openinas in fire-rated walls and
ceilinas.
13). SREF Section 5.5 (9) (a) 5, states: "Furnishing or decorations are in compliance
with NFPA 101." NFPA 101 Chapter 31 "Operating Features", Section 31-3.4,
"Child Prepared Artwork," states: Child-prepared artwork and teaching
materials shall be pennitted' to be attached directly to the V{alls and sh,al! not
exceea .iu percent or me Wiill area." SREF Section 5.5 (12) (b), "Means of
Egress" & (c), "Concealed Exits," states: "Means of egress (corridors, exit
doors.--etc.) are free of 'any furnishings, decorations, or other objects which
would obstruct egr-ess." "Exit doors are free of any hangings, drapery or
mirrors which may confuse, obstruct, or conceal the exit or the direction of exit."
My inspection revealed well over 20 % of most all of the classroom walls in
this school are covered with child-prepared artwork and teaching materials.
In addition, many exit doors of these classrooms are also covered with
artwork. Please remove child..prepared. artwork and teach in a materials to
cover 20% of the walls of each classroom and completelv remove artv.,ork
attached to all exit doors of every classroom.
Please correct these violations as soon as pOssible. A COpy of this report is sent to John
Dibenedetto. Director of Safetv. Miami-Dade Countv Public Schools, 4300 Biscavne Blvd.,
Miami. Florida 33137.
If you have any questions, please do not hesitate to contact this office at 673-7123.
Sincerely,
Inspector, David Mogen
Division of Fire Prevention
Served by: Hand/Certified Mail #
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Miami Beach Fire Department
Fire Prevention Division
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Miami Beach Fire Department
Fire Prevention Division
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24 2400 Pinetree Dr.
25 2425 Pinetree Dr.
26 4025 Pinetree Dr.
27 4760 Pinetree Dr.
28 2140 Verdun..Dr.
29 2150 Verdun Dr.
30 833 6th 51.
31 1160715t5t.
32 1219 715t 51.
33 620-75th. St.
34 727 77th 51.
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CITY OF MIAMI BEACH FIRE DEPARTMENT
Fire Prevention Division
To:
Chief Russell White
Bill MCCane@
03-27-00
From:
Date:
Subject:
Highlights of meeting with AHJ's and MDCPS
The following are the highlights of the meeting between representatives of the
Miami-Dade County Fire Departments and Miami-Dade County Public Schools:
1) In .he fu.ttire, John DiBenedetto will schedule our public school inspections.
These inspections will be done with our inspector and with a MDCPS
inspect~r lYIDCPS zone .mechanic. -
2) The AHJ's and MDCPS agreed that all jurisdictions whould have a standard
violation reporting form that will be used for the next round of inspections.
This form will be created over the next few weeks.
3) Violation notices should be sent to John DiBenedetto and to the Principle.
All violations should contain the ESREF references.
4) All AHJ's should bring with them a completed violation notice from one
school to the next Fire Marshals meeting so that each jurisdiction can see
how the others are doing their notices. The next meeting will be at 10:00am
April 6, 2000 at Metro Fire Prevention Building.
5) All were in agreement that a method must be developed for .prioritizing
violations (Le. Priority 1, Priority 2, etc.)' and that each priority will have a
day limit associated with it. Two samples were passed out as examples and
Mark Ramierez of Hialeah has a copy of a system used by Orange County
that he will make copies of and distribute.
5) It was requested that all Fire Marshals attend a School Board Meeting on
May 17, lOa - 12n. At that meeting, the MDCPS personnel at today's
meeting will be presenting to the School Board the agreement that we have
reached. The presence of the AHJ's is requested as a show of support.
,
DCPS and Fire Marshals Meeting - March 27, 2000
.
Introductions
Goals
-
L Short term
Hazard prioritization and time tables. .
· Define violation-reporting procedures to insure timely corrections.
· Discuss procedures and determine contact persons at all levels in
order to deal with unresolved issues.
· Set priorities on hazards and agree on time limits to correct.
· Define Fire Alarm problems, prioritize and set time limits to
correct each type.
· Develop ways to mitigate violations that require long term or
capital improvements and sign consent agreements.
2. Long term
· Determine capital improvements necessary to meet code.
· Assist in obtaining funds where possible.
· Identify other groups to assist in obtaining funding to bring schools
to minimum standards and coordinate with DCPS.
3. Discussion
Schedule next meeting time.
"