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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 I:J- -/I-C{) Dale JMG:CMC:~k 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. JMG/CO[tc ~ T:\AGENDA\21l00\DEC2000\CONSENTlFJREGA TES MEMO DOC / / 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 \ l ,/ :,- Section 3. Section 4. Section 5. Section 6. Section 7. I I ~_u 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. 2 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 L 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: 5 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". 6 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 7 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. 8 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 FORM & LANGUAGE & FOR EXECUTION 1/ 10 ~.. <{~ 0'" Dale 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 1 i L 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 j l , . 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 3 i: Ii ~ 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 i i I l 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 , , I l 5 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: ~wo 6 I l 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 j I i l 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 . , 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 . . ./,.<:\i.\ 8.:"l^ ," '"' 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." ~ ::/ I 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'! . . 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. , , \ , 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 \, 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 # ~I Miami Beach Fire Department Fire Prevention Division %;i:ill:~~i]~~~i;~':)frSamm~lF~rt>~rBWllfleJr'nrlire;ivateiis~1t;o~o~if .......'.-....,'...'...;~...;..-;'...<.::.,.:.: . Name v v '" . Care l Violations? Y/N y y y y y y Violations? Y/N N Y N Y Y N y y N Y y N N Y Y y y y Y f , . . Miami Beach Fire Department Fire Prevention Division '1:~':lil;li~II;<tl'0fsl1t1Ma.~(j'f!uDjlclflJ~!!ilrlVat~!sr1t'I'zflfjIIBlltJIIIII' Address 23 2217 Normand Dr. 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. I ~. Violatiom; ? Y/N Y .y y N Y y N N Y Y ti N . . I' ... I '~ \ . " 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. "