Miami Beach Police Dept.
COMMUNITY DEVELOPMENT BLOCK GRANT
INTERDEPARTMENTAL COOPERATION AGREEMENT
This Agreement made and entered into this 1" day of October, 2000 by and between the
COMMUNITYIECONOMlC DEVELOPMENT DEPARTMENT, acting through and on behalf of
the City of Miami Beach, hereinafter referred to as "the City", and CITY OF MIAMI BEACH POLICE
DEPARTMENT, hereinafter referred to as the "Project Operator";
WHEREAS, the City has received a grant from the u.s. Department of Housing and Urban
Development as part of its Community Development Block Grant Program for the period October I, 2000
to September 30,2001 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant 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
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2000-23997 on July 12, 2000; and
WHEREAS, the City has determined, through its One.Year Action Plan for Federal Funds for
FY 2000/200 I, the necessity for engaging the Project Operator to render the following services in Miami
Beach: HOMELESS ASSISTANCE PROGRAM (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Project Operator agree as follows:
1. Agreement Documents: Agreement documents shall consist of this Agreement and four (4)
attachments, all of which are incorporated by reference into this Agreement. Attachment 1
contains a description of the service and goals offered by the Project Operator. Attachment II is a
line item budget. Attachment III outlines financial management procedures and reporting forms
for use with Community Development Block Grant funds. Attachment IV contains applicable
federal regulations.
2. Statement of Work: The Project Operator agrees to implement the Activity in accordance with
the Budget, as described in Attachment I and II.
HOMELESS ASSISTANCE PROGRAM
(570.208(a)/570.20 I( e))
To provide Miami Beach homeless population with case management services and emergency
shelter beds.
3. Agreement Amount: The City agrees to make available Thirty Thousand Dollars ($30,000) for
use by the Project Operator for the contract period.
4. Alterations: Any proposed alterations in the work program or the budget shall first be submitted
to and approved in writing by the City, said approval at the City's sole discretion. The following
types of changes require the prior written approval from the Community Development Division
within the Community/Economic Development Department: changes in the Statement of Work;
changes in any budget line item; and/or changes in the total appropriation. In addition,
appropriate documentation shall be submitted with any requests for increase in the Project
Budget.
5. Reporting Requirements: The Project Operator agrees to submit monthly program progress
reports on the 10'h day of each month to the City during the contract period herein. The Project
Operator also agrees to submit on September 30, 2001, a comprehensive final report covering the
agreed.upon objectives, activities, and expenditures for the entire contract period. Such shall
include 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
6. Monitoring: The City shall schedule no less than one (1) monitoring visit with the Project
Operator to evaluate the progress and performance of the program and provide technical
assistance.
7. City Residents Only: The Project Operator agrees that Community Development Block Grant
funds shall only be used to provide services to residents of the City of Miami Beach.
8. 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.
9. Term: This Agreement shall remain in effect through the contract period with the understanding
that at the end ofthe fiscal year the City of Miami Beach City Commission has the authority to
reappropriate any remaining funds.
10. Use of Funds: Project funds shall be used for those costs, which are applicable to this
Agreement No Project funds shall be obligated for payment of costs incurred for the Project
prior to the Notice of Release of Funds.
11. Procurement: The Project Operator shall follow the City of Miami Beach's procurement
procedures. All procurement transactions, regardless of whether by sealed bids or by negotiation
and without regard to dollar value, shall be conducted in a manner that provides the maximum
open and free competition consistent with 24 CFR 85.36, "Uniform Administrative
Requirements.Procurement", except paragraph (a). The Project Operator shall take affirmative
steps to assure that Section 3 firms, minority.owned firms, and women.owned businesses are
utilized whenever possible as sources of supplies, equipment, construction and services. The
Project Operator shan maintain records sufficient to detail the significant history of a
procurement These records shall include, but are not necessarily limited to, information
pertinent to the fonowing:
a. Rationale for the method of procurement, selection of contract type, contractor selection or
rejection; and
b. The basis for the cost or price.
The cost plus a percentage of cost and percentage of construction cost method of contracting shall
not be used. The Community Development Division within the Community/Economic
Development Department shan review and approve an procurement(s) prior to any transaction
performed by the Project Operator.
12, Additional Conditions and Compensation: It is expressly understood and agreed by the parties
hereto that monies contemplated by this Agreement to be used for compensation originate from
grants of federal Community Development Block Grant (CDBG) funds, and must be
implemented in fun compliance with an of HOD's rules and regulations. It is expressly
understood and agreed by the parties hereto that, in the event of curtailment of, or regulatory
2
,.V!,,,-.
constraints placed on the funds by HUD, the financial sources necessary to continue to pay the
Project Operator compensation will not be available, and this Agreement will thereby terminate
effective as of the time that it is determined such funds are no longer available.
13. Program Income: Any "Program Income" (as such term is defined under applicable federal
regulations) gained from any activity of the Project Operator, funded by CDBG funds shall be
reported to the City and utilized by the Project Operator in the operation of the CDBG-funded
activity during the contract period.
14. Conformity to HOO regulations: The Project Operator 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 Project Operator 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 Project Operator that are directly
pertinent to this Agreement for the purpose of making audits, examinations, excerpts and
transcriptions.
15. Sponsorships: The Project Operator agrees that when sponsoring a Program financed in whole or
in part under this Agreement, all notices, informational pamphlets, press releases, advertisements,
descriptions ofthe sponsorship of the Program, research reports, and similar public notices
prepared and released by the Project Operator shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE
COMMUNITY/ECONOMIC DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name ofthe Project Operator.
16. Examination of Records: The Project Operator shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements ofthis
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 reimbursement 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.
3
c. How the Statutory National Objective(s) as defined 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 defined
in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries,
where applicable.
The Project Operator 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 findings involving these records are
resolved. The City shall be informed in writing after closeout of this Agreement, of the address
where the records are to be kept.
17. Audits and Inspections: At any time during normal business hours, and as often as City and/or
Federal Government representatives may deem necessary, the Project Operator shall make
available all records, documentation, and any other data relating to all matters covered by the
Agreement for review, inspection or audit. The Project Operator shall comply with the
requirements and standards ofOMB Circular A.128, "Audits of State and Local Governments"
(as set forth in 24 CFR Part 44), as applicable.
18. Conflict ofInterest: The Project Operator 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
Project Operator covenants that in the performance of this Agreement, no person having such
conflicting interest shall be employed. The Project Operator covenants that it will comply with
all provisions of 24 CFR 570.611 "Conflict oflnterest", and the Federal, State, County and City
of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest.
The Project Operator 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.
19. Notices: All notices required under this Agreement shall be sent to the parties at the following
address:
City:
Joanna Revelo, Community Development Director
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Project Operator:
Capt. Casey Conwell
City of Miami Beach Police Department
1100 Washington Avenue
Miami Beach, FL 33139
4
In witness thereof, the Community/Economic Development Department and the Project Operator
hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three
(3) copies, each of which shaH be deemed an original on the date first above written.
CITY OF MIAMI BEACH
CITY OF MIAMI BEACH
1/j
Mayor
CITY OF MIAMI BEACH COMMUNITY!
ECONOMIC DEVELOPMENT
DEPARTMENT
Jit,U-tJ P ~dt4
City Clerk
~"!L,~;~ """0
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vvY\t\.-
Joanna evelo, Community Development
Director
CITY OF MIAMI BEACH POLICE
DEPARTMENT
Vc:') ~ c----
Chief Richard Barreto
----
- 7 7 . /
L;/ / d/
..~'~')u:t~
Capt Ca~ ConweH
\\CH2\SYSIDDHP\$ALL\L YSSETfE\ACTPLAN\2000-01\contract\CMB Police Contractdoc
APPROVED AS IU
FORM & LANGUAGE
& FOR EXECUTION
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Date
5
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide Miami Beach homeless population with case management services and emergency shelter
beds.
In this, Phase 2 of the City of Miami Beach's Homeless Assistance Program, the major gap in continuum-
of-care service continuity will be filled. Instead of unassisted discharges of homeless persons from
shelters, hospitals and other treatment services back into the anonymity of the streets, active case
management will be carried out. Discharge assistance and post-discharge case management services will
be provided, including follow. up medical and mental health referrals and transportation. Case managers
accompanied by police officers will provide continuing outreach, referrals and transportation to the
facilities and services of the Miami-Dade County Homeless Trust Continuum of Care network. The
program seeks to complete the integration of Phase 1 Pilot of the City of Miami Beach's Homeless
Assistance Program with the Homeless Trust Continuum of Care via a contract with the Homeless Trust
that will provide a programmatic link via the Trust's MIS placement system with providers. The Program
will fill the discharge management gap under the City's ESG program by regularizing intake into the
Continuum of Care system, and guide the system to adapt to the characteristics of the Miami Beach
homeless population.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. To provide discharge management, including inter.facility case management and transportation,
plus discharge management and post. discharge case management continuity to 44 homeless
individuals.
2. To provide outreach services, including on a mobile basis to 75 clients ofthe program.
3. To provide for 44 shelter intake/stays.
4. To regularize the training and orientation of police officers.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2000 11/2000 12/2000 1/2001 2/2001 3/2001 4/2001 5/2001 6/2001 7/2001 8/2001 9/2001
1 X X X X X X X X X X X X
2 X X X X X X X X X X X X
3 X X X X X X X X X X X X
4 X X X X X X X X X X X X
IICH2ISYSIDDHPI$ALL\L YSSETfEIACTPLAN\2000.01 lcontractlPolice Attachmeot I.doc
Page 1 of1
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT II
BUDGET SUMMARY SHEET
Project Name: Homeless Assistance Pro~ram
Funding Year: 2000/2001
Provider Name: City of Miami Beach Police Department
Date Submitted:
Category Category Breakdown CDBG/ESG Other Funds Other Fnnding Total Funds
Nnmber Funds Sources
City of Miami Beach
1 Salaries and Benefits $30,000 $31,500 Police Department $61,500
Budget
Miami-Dade County
Contract Services $0 $153,570 Homeless Trust. City of $153,570
2 Miami Beach Police
Department
City of Miami Beach
3 Other Operating Expenses $0 $9,000 Police Department $9,000
Budget
Miami-Dade County
Emergency Shelter Beds $0 $60,225 Homeless Trust, City of $60,225
4 Miami Beach Police
Department
5
6
7
8
9
10
11
Total CDBG/ESG Funds $30,000
Total Other Funds
Grand Total
Page 1 of5
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: North Beach Youth Services
Funding Year: 2000/2001
Provider Name: City of Miami Beach Parks & Recreation Dept.
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
1 City of Miami Beach Police Department $30,000 $0 $30,000
Homeless Program Coordinator
1 City of Miami Beach Police Department $0 $31,500 $31,500
Police Officers on Homeless Outreach Team
Detail (900 hours x $35/hr)
Total Amount $30,000 $31,500 $61,500
Page 2 of5
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: North Beach Youth Services
Funding Year: 2000/2001
Provider Name: City of Miami Beach Parks & Recreation Dent.
Date Submitted:
Category Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
2 Case Managers for client discharge $0 $28,600 $28,600
management and re-entry assistance (572
discharges per year x 2 hours per discharge
x $25 hour)
2 Case Managers for follow-up plus $0 $22,500 $22,500
continuing outreach activities (300 persons
x 3 hours per person per year x $25/hour)
2 Case Management Coordinator (10 hours $0 $14,000 $14,000
per week x 520 hours per year x
$26.92/hour)
2 Miami-Dade Homeless Trust Providers for $0 $77,220 $77 ,220
additional shelter, medical and other
treatment services (11 intakes/week x 52
weeks x 3 days average stay x $45/day)
2 Miami-Dade Homeless Trust MISlInternet- $0 $11,250 $11,250
based reservation services (300 clients x 1.5
hours each x $25/hour)
Total Amount $0 $153,570 $153,570
Page 3 of5
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: North Beach Youth Services
Funding Year: 2000/2001
Provider Name: City of Miami Beach Parks & Recreation Dellt.
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
3 City of Miami Beach Police Department $0 $9,000 $9,000
vehicles on homeless outreach (900 outreach
hours x attributed vehicle expense of
$lOlhour)
Total Amount $0 $9,000 $9,000
Page 4 of 5
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: North Beach Youth Services
Funding Year: 2000/2001
Provider Name: City of Miami Beach Parks & Recreation DeDt.
Date Submitted:
Category Amount
Category Category Breakdown CDBGfESG Other Funds Total Funds
Number Funds
4 Emergency Shelter Beds (11 shelter beds x $0 $60,225 $60,225
365 nights x $15/bed-night)
Total Amount $0 $60,225 $60,225
Page 5 of5
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT III
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 pennit 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 detennine 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 financial 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
Community!Economic Development Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report
fonns, in a fonnat consistent with the approved budget as shown in Attachment II, including an analysis
of expenses to budget. A cash advance may be available upon special request.
F:\DDHP\$ALL\L YSSETTEIACfPLAN\200Q.OllAttachment I1Ldoc
Page lofl
~
ICMB Budget Account 131.5531.000345
MonthlYear
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Project Name:
Date Submitted:
Title:
Signature:
Homeless Assistance Prol!ram
Provider:
City of Miami Beach Police Department
Reporting Period:
Person Submitting Report:
CDBG Year 26 $ 30,000
FY 2000/2001
Budget Amount
Month Description Monthly Expenses Year to Date Expenses
October 2000
November 2000
December 2000
January 200 I
February 2001
March 2001
April 2001
May 2001
June 200 I
July 200 I
August 2001
September 2001
Reimhursement
Available Funds
-'il
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FiIDDHPI$ALLIL YSSETTEIACTPLAN\2000.0 llcontractlCMB Police FinanciaLdoc
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND CLIENT PROFILE REPORT
Provider:
City of Miami Beach Police DeDartment
Project Name: Homeless Assistance Prol!ram
Date Submitted:
Signature:
Reporting Period:
Person Submitting Report:
Please complete the following reports for activities undertaken during this month's reporting period. If reporting for more than .
one activity, provide a separate progress and client profile report for each distinct activity.
I. Monthly Progress Report - Please document the progress achieved during this month towards the project goals and
measurable outcomes that were outlined in the Schedule for Implementation of the Statement of Work and Goals
(Attachment I of the Agreement.)
Month Goal
Met Not Met
October
November
December
January
February
March
Month Goal
Met Not Met
April
May
June
July
August
September
In the space below, describe any problem, which may have affected your performance during the reporting period. Attach
additional pages, if necessary and describe any special circumstance encountered, recognition or award received during the
reporting period.
II. Client Profile Report
Month Clients Income Range Ethnidty Female Special
HOH Needs3
New YTD 50% 80% White Not Black Not Hispanic American Asian/Pacific
(VLI)' (LM) , Hispanic Hispanic Indian Islander/Other
Oct.
Nov.
Dec.
Jan.
Feb.
March
April
May
June
July
Aug.
Sept.
Total
Notes: (1) YTD indicates Year to Date. This number equals prior monthly figures + current monthly figures. (2) VLI indicates very.low
income. LM indicates low/moderate. income. (3) Special Needs includes elderly/frail elderly persons, persons with AIDS, persons with
disabilities, homeless persons, and families participating in programs to achieve economic self-sufficiency.
\ICH2\SYSIDDHP\$ALLIL YSSETTEIACTPLAN\2000-Ol\contracl\CMB Police Progtess.doc
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT tv
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRlMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds ofrace, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non.discriminatory
trearment, 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 may 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 I.
. The Fair Housing Act (42 USC 3601.3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap 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 ofrace, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975. As Amended (42 USC 610 I ): 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.
Affirmative Marketing
The Provider must 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 10f6
. 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
. 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 ofthe 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 orthe 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 of6
II. 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.
. Equal Emolovment Oooortunity. 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 Develooment 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
. MinoritylWomen's Business Enterorise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the. maximum extent possible, of minorities and
women, and 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.
. CoDe land (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 of6
. Fair Labor Standards Act of 1938, As Amended (29 USC 20t et. seo,): 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 COBG 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 CFR 8536 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict of Interest: The CDBG regulations require grantees (the City), state 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 COBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 8536 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 COBG 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 COBG regulations at 24 CFR 570.611 governing conflict.of-interest apply in cases
not covered by 24 CFR 8536 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 responsibilities with respect to
COBG activities or who is in a position to participate in decisions or gain inside
information:
May obtain a financial interest or benefit from a COBG activity; or
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties,
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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 proofthat 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, CDBO 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 CDBO funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBO
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 CDBO
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
Section 401(b) ofthe Lead Based Paint Poisoning Prevention Act (42 USC 4531(b)) and
regulations in 24 CFR part 35 subpart B, apply to residential structures constructed or
rehabilitated with CDBO assistance. All construction, rehabilitation, or modernization of
residential structures provided under this Agreement shall comply with the provisions of the
Lead.Based Paint Poisoning Prevention Act (84 Stat. 2080; 42 USC 4841(3)) and the regulations
thereunder (24 CFR Part 35).
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBO projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBO
funds may trigger section 104 (d) (also known as the "Barney Frank Amendments" requirements.)
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VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income 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
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 3/9/2000) (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 Income*
$25,000
$28,550
$32,100
$35,700
$38,550
$41,400
$44,250
$47,100
Low Income**
$15,600
$17,850
$20,050
$22,300
$24,100
$25,850
$27,650
$29,450
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 8UI
41.Q]-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,Q42 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% LIM
NORTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.Q]-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% LIM
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