MB Comm. Dev. Corp.
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
This Agreement made and entered into this I" day of October, 2000 by and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider";
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 of low 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 Provider to render the following services in Miami Beach:
PRESERVATION AND REHABILITATION (collectively, the Program).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider 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 I
contains a description of the service and goals offered by the Provider. 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 Provider agrees to implement the Activity in accordance with the
Budget, as described in Attachment I and II.
PRESERVATION AND REHABILITATION
(570.208( a)( I )/570.202)
Grants for fa~ade improvements.
3. Agreement Amount: The City agrees to make available One Hundred Ninety Thousand
Three Hundred Sixty-Eight Dollars ($190,368) for use by the Provider 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.
5, Reporting Requirements: The Provider agrees to submit monthly program progress reports on
the lOth day of each month to the City during the contract period herein. The Provider 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
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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 Provider to
evaluate the progress and performance of the program and provide technical assistance.
7. City Residents: The Provider agrees that Community Development Block Grant funds shall be
used for services that give preference 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, Termination of Agreement: The City and the Provider agree that this Agreement may be
terminated in whole or in part 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. However, if, in the case of a partial termination, the City, in
its sole discretion, determines that the remaining portion of the Agreement will not accomplish
the purposes of such Agreement, the City may terminate same in its entirety, in the manner
provided in this section.
Notwithstanding the preceding paragraph, the City may also place the Provider in default ofthis
Agreement, and may suspend or terminate this Agreement in whole, or in part, 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 ofthis 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.
c. Implementation of this 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 HOD 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
forestated 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 HOD, this
Agreement will terminate effective as of the time that it is determined such funds are no longer
available. Costs of the Provider resulting from obligations incurred during a suspension or after
termination, are not allowable unless the City expressly authorizes them in the notice of
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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 14 herein.
11, 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.
12, Program Income: Any "Program Income" (as such term is defined under applicable federal
regulations) gained from any activity of the Provider, funded by CDBG funds shall be reported to
the City and utilized by the Provider in the operation of the CDBG-funded activity during the
contract period.
13. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written approval
from the City and only in accordance with requirements set in 24 CFR 9570.2000).
14. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 10
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 Agreement, or for such longer period of
time as determined to be appropriate by the City; or
b. If not used in accordance with the above paragraph 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 this section.
15, Conformity to MUD 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
ofthe 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.
3
16, Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorship of the Program, research reports, and similar public notices
prepared and released by the Provider shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MlAMI 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 Provider.
17, 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 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.
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 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 offour (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.
18, Audits and Inspections: At any time during normal business hours, and as often as City andlor
Federal Government representatives may deem necessary, the Provider shall make available all
records, documentation, and any other data relating to all matters covered by the Agreement for
review, inspection or audit.
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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 ofInstitutions 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.
19. 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. The Provider shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in
the name ofthe City, when applicable, and shall pay all costs and judgements which may issue
thereon.
The Provider shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and the City's Risk Manager has approved such
insurance. In the event evidence of such 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 under the terms thereof unless a written extension
of this thirty (30) day requirement is secured from the City Administration.
The Provider shall maintain and carry in full force during the term of this Agreement and
throughout the duration of this project the following insurance:
a. Provider General Liability Policy with coverage for Bodily Injury and Property Damage,
in the amount of $1 ,000,000 single limit. The policy must include coverage for
contractual liability to cover the above indemnification.
b. The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2000-23997 shall be
referenced in the certificate.
c. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute.
d. Automobile and vehicle coverage shall be required when the use of automobiles and
other vehicles are involved in any way in the performance ofthe Agreement. Limits for
such coverage shall be in the amount of $500,000.
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 his/her 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 will 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 contract period 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
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that effect, given by the insurance carrier to the City, and that the insurance carrier will not
invoke the defense of perfonnance of a governmental function by the Provider in perfonning 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 tennination, cancellation or
reduction in coverage of the policy.
20, Contlict 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 perfonnance of this Agreement, no person having such conflicting interest
shall be employed. The Provider 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 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.
21. 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 tenns or
conditions herein, exclusive venue for the enforcement of the same shall lie in Miami-Dade
County, Florida.
22. 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:
City:
Joanna Revelo, Community Development Director
CommunitylEconomic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Roberto Datorre, President
Miami Beach Community Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
23. 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 money damages due to an alleged
breach by the City of this agreement, 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.
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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 first above written.
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
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Auth~Ory - ~
Mayor
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City Clerk
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7
CDBG AGREEMENT
October 1,2000 to September 30, 2001
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
To provide property rehabilitation matching grants for improvements to commercial buildings and
property development matching grants or non-profit organizations.
The program will provide rehabilitation assistance in the form of matching grants to property owners and
leaseholders which are private, for-profit businesses, in a neighborhood commercial business area, which
serves primarily residential area with a majority of income-eligible residents. Rehabilitation will be
limited to fayade rehabilitation and the correction of interior code violations. The eligible program area is
the City of Miami Beach south of Dade Boulevard and 24th Street. Miami Beach Community
Development Corporation will provide commercial fayade grants upon receipt and review of a completed
application in accordance with the Preservation and Rehabilitation Program Guidelines and will clearly
document the manner by which each project/business meets a CDBG national objective.
PROGRAM GOALS AND MEASURABLE OUTCOMES
I. Schedule, advertise, and conduct public information meetings in Spanish and English.
2. Follow-up on prospects,
3. Commit funds.
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
I 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
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CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTMTIES
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 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
forms, in a format 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\$ALLIL YSSETTE\ACTPLAN\2000-01 \Attachment IlI.doc
Page 1 of1
lQ
CMB Budget Account 131,5655,000345
135,5655.000346
MonthlY ear
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider:
Miami Beach Communitv Development Corp. Project Name:
Preservation & Rehabilitation
Reporting Period:
Person Submitting Report:
Date Submitted:
Title:
Signature:
CDBG Year 26 $ 190,368
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 200 I
Reimbursement
Available Funds
1I.~
F:\DDHP\$ALL\L YSSETTE\ACTPLAN\2000M01\contract\MBCDC Pres-Rehab Financial.doc
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND PROJECT ACCOMPLISHMENTS REPORT
Provider:
Miami Beach Comm, Development Corp,
Project Name: Preservation & Rehabilitation
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 ofthe Statement of Work and Goals
(Attachment I of the Agreement.)
Goal
Month Met Not Met
October
November
December
January
February
March
Goal
Month Met Not Met
April
May
June
July
August
September
In the space below, explain any problems, which may have affected your performance during the reporting period. Attach
additional pages, if necessary, to describe any special recognition, awards and circumstances encountered during the
reporting period.
II, Project Accomplishments to Date - Fill in amounts as appropriate.
Percentage (%) of Completion Number of
Month Feet of Public Public Facilities Businessesl Housing Units LMI Jobs
Utilities Organizations Completed Created andlor
Assisted Retained
October
November
December
January
February
March
April
May
June
July
August
September
F:\DDHP\$ALLIL YSSETfElACTPLAN\2000-01\contractIMBCDC Pres & Rehab.doc
CDBG AGREEMENT
October 1,2000 to September 30, 2001
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shan 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
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 an the fonowing 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 ofrace, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Equal OODortunity 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 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 ofthe Housing and Community Develooment Act of 1974: Requires
that no person shan 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 affinnative marketing procedures and requirements for an CDBG-
assisted housing with five or more units. Requirements and procedures must include:
. Methods for infonning 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 I of7
. A description of what owners and/or the Provider will do to affmnatively 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 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 ofthe 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
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 Emplovrnent Opportunity, 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
. Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12\38,
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. 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 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 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict ofInterest: 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 ofrequirements 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 fmancial 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 CFR 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 responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
May obtain a financial 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.
Page 4 of7
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.
The regulation sets hazard reduction 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
Page 5 of7
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 I, 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
. N on-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 mortgage insurance is being sought
. Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies ofthe 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
impaired, You can also download the regulation and other educational materials at
www.hud.gov/lea. For further information, you may call HUD at (202) 755-1785, ext. 104,
or e-mail HUD at lead regulations@hud.gov,
V. DISPLACEMENT, RELOCATION, ACQIDSITION 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 Amendments" requirements.)
VI. COMPLIANCE Wlm 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.
Page 6 of7
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
I 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
$29,450
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 8\.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.1\
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% LIM
NORTHERN TARGET AREA
Census Tract Total UM Persons Total Persons % Low/Mod
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 21\ 21\ 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% LIM
F:\DDHPI$ALLIL YSSETIEIMYDOCSIOther Federal Requirements.doc
Page 7 of7
CITY OF MIAMI BEACH
GLOSSARY
Affordable Housing: Affordable housing is genera\1y 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: Genera\1y means there has been a lega\1y binding commitment of funds to a specific project
to undertake specific activities.
Community Development Tar",et 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
fo\1owing 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 V.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 V.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 sha\1 be considered to have a disability
if the person is determined to have a physical, mental or emotional impairment that:
(I) is expected to be oflong-continued and indefinite duration;
(2) substantia\1y 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 sha\1 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
Page I of?
this paragraph who were living in an assisted unit with the disabled member ofthe household at the time
of his or her death.
Elderly Household: For HOD 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.
Existin~ 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 CRAS rule differs from the Census definition). The Bureau of Census defines a family as a
householder (head of household) and one or more other persons living in the same household who are
related by birth, marriage or adoption. The term "household" is used in combination with the term
"related" in the 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 definition) is dictated. (See also
"Homeless Family.")
Family Self-Sufficiency (FSS) Proiram: A program enacted by Section 554 of the National Affordable
Housing Act which directs Public Housing Agencies (PRAs) and Indian Housing Authorities (IRAs) 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 HOD'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 HOD-assisted purchase of a home that must be used as the principal residence of
the home buyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a
single parent (as defined in 24 CFR 921) may not be excluded from consideration as a first time home
buyer on the basis that the individual, while a homemaker or married, owned a home with his or her
spouse or resided in a home owned by the spouse.
For Rent: Year round housing units which are vacant and offered/available for rent. (U.S. Census
definition).
For Sale: Year round housing units which are vacant and offered available for sale only. (U.S. Census
definition).
Frail Elderly: An elderly person who is unable to perform at least 3 activities of daily living (Le., eating,
dressing, bathing, grooming, and household management activities). (See 24 CFR 689.105.)
Group Quarters: Facilities providing living quarters that are not classified as housing units. (U.S.
Page 2 of7
Census definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and
shelters.
HOME: The HOME Investment Partnerships Program, authorized by Title II of the National
Affordable Housing Act.
Homeless Family: Family that includes at least one parent or guardian and one child under the age of 18,
a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person
under the age of 18, living in situations described by terms "sheltered" or "unsheltered".
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children, living in situations described by terms "sheltered" or "unsheltered".
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations
described by terms "sheltered" or "unsheltered".
Household: One or more persons occupying a housing unit (U.S. Census definition). See also "Family".
Housinl: Problems: Households with housing problems include those that: (I) 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 IC requests nonduplicative accounts of households that meet one or
more of these criteria.
Housinl: Ilnit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended
as separate living quarters. (U.S. Census definition.)
Institutions/Institutional: Group quarters for persons under care or custody. (U.S. Census definition.)
Lari:e Related: A household of 5 or more persons which includes at least one person related to the
householder by blood, marriage or adoption.
LIHTC: (Federal) Low Income Housing Tax Credit.
Low-Income: Households whose incomes do not exceed 50 percent of the median income for the area,
as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish
income ceilings higher or lower than 50 percent of the median for the area on the basis ofHUD's
findings that such variations are necessary because of prevailing levels of construction costs for fair
market rents, or unusually high or low family incomes. NOTE: HUD income limits are updated annually
and are available from local HUD offices. (This term corresponds to low and moderate-income
households in the CDBG Program.)
Moderate-Income: Households whose incomes are between 51 percent and 80 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis 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.)
Page 3 of7
Middle-Income: Households whose incomes are between 81 percent and 95 percent of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 95 percent of the median for the area on the
basis 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.)
Non-Elderly Household: A household which does not meet the definition of "Elderly Household," as
defined above.
Non-Homeless Person with Special Needs: Includes elderly/frail elderly persons, persons with AIDS,
disabled families, and families participating in organized programs to achieve economic self-sufficiency.
Non-Institutional: Group quarters for persons not under care or custody. (U.S. Census definition.)
Occupied Housin& Unit: A housing unit that is the usual place of residence of the occupant(s).
Other Household: A household of one or more persons that does not meet the definition of a Small
Related household, Large Related household, or Elderly Household.
Other Income: Households whose incomes exceed 80 percent of the median income for the area, as
determined by the Secretary, with adjustments for smaller and larger families.
Other Low-income: Households whose incomes are between 51 percent and 80 percent ofthe median
income for the area, as determined by HUD, with adjustments for smaller and larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This term corresponds to
moderate-income in the CDBG Program.)
Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would
include Awaiting Occupancy or Held.
Overcrowded: A housing unit containing more than one person per room. (U.S. Census definition.)
~: A household that owns the housing unit it occupies. (U.S. Census definition.)
Physical Defects: A housing unit lacking complete kitchen or bathroom. (U.S. Census definition.)
Jurisdictions may expand upon the Census definition.
Primary Housin~ 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 project.
Page 4 of?
Public Housinl; ClAP: Public Housing Comprehensive Improvement Assistance Program.
Public Housinl; MROP: Public Housing Major Reconstruction of Obsolete Projects.
Rent Burden> 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30
percent of gross income, based on data published by the U.S. Census Bureau.
Rent Burden> 50% (Severe Cost Burden ): The extent to which gross rents, including utility costs,
exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Rental Assistance: Rental assistance payments provided as either project-based rental assistance or
tenant-based rental assistance.
~: A household that rents the housing unit it occupies, including both units rented for cash and units
occupied without cash payment of rent. (U.S. Census definition.)
Renter Occupied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Secondary Housin~ Activity: A means of providing or producing affordable housing such as rental
assistance, production, rehabilitation or acquisition -- that will receive fewer resources and less emphasis
than primary housing activities for addressing a particular housing need. (See also, "Primary Housing
Activity" .)
Section 215: Section 215 of Title II 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 Illness: A serious and persistent mental or emotional impairment that significantly limits
a person's ability to live independently.
Sheltered: Families and persons whose primary nighttime residence is a supervised publicly or privately
operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence
shelters, residential shelters for runaway and homeless youth, and any hotel/motel/apartment voucher
arrangement paid because the person is homeless. This term does not include persons living doubled up
or in overcrowded or substandard conventional housing. Any facility offering permanent housing is not
a shelter, nor are its residents homeless.
Small Related: A household of 2 to 4 persons which includes at least one person related to the
householder by birth, marriage, or adoption.
Page 5 of7
Ii
Substandard Condition: Housing not meeting the City of Miami Beach's Housing Code, containing
deficiencies such as holes in roof, faulty or non-existent plumbing, etc.
Substandard Condition and not Suitable for Rehab: By local definition, dwelling units that are in such
poor condition as to be neither structurally nor financially feasible for rehabilitation. (See also
"Substandard Condition.")
Substandard Condition-but Suitable for Rehab: By local definition, dwelling units that do not meet
standard conditions but are both financially and structurally feasible for rehabilitation. This does not
include units that require only cosmetic work, correction or minor livability problems or maintenance
work. (See also "Substandard Condition. ")
Substantial Amendment: A major change in an approved housing strategy. It involves a change to the
five-year strategy, which may be occasioned by a decision to undertake activities or programs
inconsistent with that strategy.
Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the project in
excess of $25,000 per dwelling unit.
Supportive Housin~: Housing, including Housing Units and Group Quarters, that have a supportive
environment and includes a planned service component.
Supportive Service Need in FSS Plan: The plan that PHAs administering a Family Self-Sufficiency
program are required to develop to identify the services they will provide to participating families and
the source of funding for those services. The supportive services may include child care; transportation;
remedial education; education for completion of secondary or post secondary schooling; job training;
preparation and counseling; substance abuse treatment and counseling; training in homemaking and
parenting skills; money management and household management; counseling in home ownership; job
development and placement; follow-up assistance after job placement; and other appropriate services.
Supportive Services: Services provided to residents of supportive housing for the purpose of facilitating
the independence of residents. Some examples are case management, medical or psychological
counseling and supervision, child care, transportation, and job training.
Tenant-Based (Rental) Assistance: A form of rental assistance in which the assisted tenant may move
from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not
for the project.
Total Vacant Housin~ 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 Awaitin~ Occupancy or Held: Vacant year-round housing units that have been rented or sold and
are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters
for occasional use. (U.S. Census definition.)
Page 60f7
Vacant housin~ Unit: Unoccupied year-round housing unit that are available or intended for occupancy
at any time during the year.
Very Low-Income: Housebolds whose incomes do not exceed 50 percent oftbe median area income for
the area, as determined by HUD, with adjustments for smaller and larger families and for areas with
unusually high or low incomes or where needed because of prevailing levels of construction costs or fair
market rents. (This term corresponds to low income households in the CDBG Program.) (For the
purpose of further distinguishing within tbis 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 for rent, live in seriously substandard housing (which includes homeless people) or have been
involuntarily displaced.
Year Round Housin~ 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
CERTIFICATION OF CDBG-FUNDED
CONSTRUCTION/REHABILITATION 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, Community/Economic Development, 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 tbe 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 tbe City.
B. The City shall not be obligated to pay any funds to tbe project prior to the completion by tbe 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 witb federal, state and local labor requirements. The Provider agrees to include in the
construction bid specifications in connection witb this agreement tbe applicable Federal Wage
Determination assigned to this project by HUD. The Provider must also inform his
contractor/subcontractors that tbey 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 with, and to assure tbat its subcontractors comply witb, the federal
Office of Management and Budget (OMB) Circular Number A-102 Attachment E for programs
funded in whole or in part by CDBG funds; with federal OMB Circular A-102 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 109 of tbe Act, tbe 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-102, 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 of the Community/Economic Development 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
I. 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 tbe City's
Procurement Department.
K. The Provider agrees to submit to the City's Community/Economic Development Department all
documentation of the steps followed in the selection of professional services and construction
contracts.
1" 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, otber conditions and requirements will be specified in tbe
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 tbe
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.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
~)
Signature ~ ~
~ob2(-to DO \,)({"C:-
Print Name of Authorized Signatory
111"l-71oD
Date
V Ce~' \ dt"n t
Print Title of Authorized Signatory
Page 2 of2
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:
I. 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 unit.
INSPECTION AND TESTING REOUlREMENTS:
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 units with a child under seven years
of age with an identified elevated blood level condition (concentration oflead in blood of25 micrograms
per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from
the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily
accessible to children under 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 otber metbod 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 found to contain lead based paint must be treated before final
inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when tbey are
found to contain lead based paint.
Minimum treatment involves covering or removing tbe painted surfaces. Washing and repainting
witbout tborough removal or covering does not constitute adequate treatment.
Page 1 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 in this Certification, and understand that my organization's project eligibility depends
upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
;<\~ "
Signature
~obex-\--o \':)0\0(( c
Print Name of Authorized Signatory
Idz-7/oD
Date
'vrc"'Jl A~n \-
Print Title of Autborized Signatory
Page 2 of2
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REOUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-00-MC-12-00l4
Date: 1\ ( -1"f I rl>
The Provider shall insert in tbe space provided below the site(s) expected to be used for tbe performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
2J3 \?~
CJJL( LinColn f<oud -~fWnJer
'I (g I q Lc-v1()Xltte - ~ r2eSC;&
q Lf ~ (]Cfltl ~ y r tfJ/Z (~- --rk <tynwJl
.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signa~~) ~
1l/'-7/0D
Date
'~b~r\-c, \a-\orY~
Print Name of Authorized Signatory
':Yre "'"" del) t-
Print Title of Authorized Signatory
Page 1 of1
CERTIFICATION REGARDING LOBBYING
"
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number:
Date:
B-00-MC-12-00l4
-U 1~7-I([)
{ I
The undersigned certifies, to tbe best of his or her knowledge and belief, tbat:
I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
tbe 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 tban Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection witb tbis Federal contract, grant, loan, or cooperative agreement, tbe 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 tbat all individuals receiving sub-awards shall
certify and disclose accordingly.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
I{ ("l-1/oD
Date
v>tbey \-u ':tQ \C( f ~
Print Name of Autborized Signatory
V f t:~ 1 d-e,(') t
Print Title of Authorized Signatory
Page 1 of1
..
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 26. Fiscal Year 2000/2001
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT ~ob€.'\ -to b 0 \of n::'..
POSITION \> (E>6 I (\-1:.' ('f-\ PHONE NUMBER eD5 - ~?>'~, (J.:nb
I, \2...0 y~)-C, \-0 '?J{~ \el ( ( t' , being duly first sworn state:
That the above named form, corporation or organization is in compliance witb and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements oftbe laws listed below including, but not limited
to, tbose 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. 1" 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle 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.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Sign:X Date ttf-q/oD
SUBSCRIBED AND SWORN TO (or affirmed) before me on
I{ fA1(~'6
/ (Da e)
by
. He/She is personally known to me or has
(Affiant)
presented
~ JlU~ation.
., ,.
*liiJf*"" CommisII<ln CC717557
'\,~./ ExpIrn Febrully 18. 2002
(Type of identification)
~.^- ~
(Signa e fNotary)
r-\ D <:..4... ~AaJUria
(Print or Stamp Name of Notary)
(Serial Number)
~-,~-O).-
(Expiration Date)
Notary Public
~L...--
(State) Notary Seal
The City of Miami Beach will not award a contract to any firm, corporation or organization tbat fails to
complete and submit this Affidavit witb the firm, corporation or organization's bid or proposal or fails to
have this Affidavit on file witb the City of Miami Beach.
Page 1 of!