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Office of Children's Affairs EMERGENCY SHELTER GRANTS INTERDEPARTMENTAL COOPERATION AGREEMENT This Agreement made and entered into this 1st day of October, 2000 by and between the COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT, acting through and on behalf of the City of Miami Beach, hereinafter referred to as "the City", and OFFICE OF CffiLDREN'S AFFAIRS, hereinafter referred to as "Project Operator"; WHEREAS, the City has received a grant from the U,S. Department of Housing and Urban Development as part of its Emergency Shelter Grants (ESG) Program for the period October I, 2(l00 to September 30, 2001 (hereinafter "the contract period"); and WHEREAS, the ESG Program is designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living as well as to prevent homelessness; 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: NEIGHBORHOODS FIRST (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 I 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 for use with Emergency Shelter Grants funds. Attachment IV contains all 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. NEIGHBORHOODS FIRST CITIZEN'S EMPOWERMENT CENTER 576.21(a)(3) To provide neighborhood-based emergency assistance, including rent/utility payments, door-to- door outreach, interventions for truant youth, emergency rent assistance and community workshops, 3. Agreement Amount: The City agrees to make available $10,359 (Ten Thousand Three Hundred and Fifty-Nine Dollars) 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 Reqnirements: The Project Operator agrees to submit monthly program progress reports on the lOth 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 perfonnance data on client feedback, with respect to the goals and objectives outlined in Attachment I. 6. Monitoring: The City shall schedule no less than one (1) monitoring visit with the Project Operator to evaluate the progress and perfonnance of the program and provide technical assistance, 7. Eligible Participants: The Project Operator agrees that the Program will serve only homeless individuals residing within the City limits of Miami Beach or individuals who are facing eviction or tennination of utility services and are eligible to receive homeless prevention services in accordance with federal guidelines (the potential homeless,) 8. Subcontract: No part ofthis 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 of the 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, "Unifonn Administrative Requirements-Procurement", except paragraph (a), The Project Operator shall take affinnative steps to assure that Section 3 finns, minority-owned finns, and women-owned businesses are utilized whenever possible as sources of supplies, equipment, construction and services, The Project Operator shall maintain records sufficient to detail the significant history of a procurement. These records shall include, but are not necessarily limited to, infonnation pertinent to the following: 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 shall review and approve all procurement(s) prior to any transaction perfonned by the Project Operator. 2 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 offederal Emergency Shelter Grants (ESG) funds, and must be implemented in full compliance with all of HUD's rules and regulations, It is expressly understood and agreed by the parties hereto that, in the event of curtailment of, or regulatory 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. Matching Requirements: The Project Operator warrants herein that it will comply with the provisions of 24CFR 576.51 and 42 U's,c, 11375(a)(3) and will provide the required dollar for dollar match from sources other than ESG, in accordance with Attachment II. The Project Operator will provide the City with evidence of such matching funds. 14. Conformity to HUD regulations: The Project Operator agrees to comply with all applicable federal regulations as they may apply to program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 576, The Project Operator shall comply with the requirements and standards of: 24 CFR part 85 (codified pursuant to OMB Circular No, A-102), OMB Circular No, A-87, OMB Circular No, A-122, OMB Circular A-IIO (implemented as 24 CFR part 84), and/or the related ESG provision as they relate to the acceptance and use of Emergency Shelter Grants amounts, as applicable. The Project Operator agrees to comply with all the provisions of24 CFR 576.57, 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 ofthe 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 EMERGENCY SHELTER GRANTS PROGRAM" In written materials, the words "CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS FUNDS ADMINISTERED BY THE COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT" shall appear in the same size letters or type as the name of the Project Operator, 16. Examination of Records: The Project Operator shall maintain sufficient records in accordance with 24 CFR part 5 to determine compliance with the requirements of this Agreement, the Emergency Shelter Grants 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 3 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 ESG activity delivery cost by Program and the non-ESG related charges, c. How the objectives defined in 24 CFR 576,1 and the eligibility requirement(s) under which funding has been received, have been met. 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. 18. Conflict of Interest: The Project Operator covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Emergency Shelter Grants 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 of24 CFR 570,611 "Conflict ofInterest", 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, with copies to the Office of the City Attorney: City: Joanna Revelo, Community Development Director Community/Economic Development Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Project Operator: Ms, Maria L. Ruiz, Director Office of Children's Affairs City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 4 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 CITY OF MIAMI BEACH 1(/4 ~~on~~a;er Mayor CITY OF MIAMI BEACH COMMUNITY/ ECONONUCDEVELOPMENT DEPARTMENT ~rf~ City Clerk cg5Jeg~ ~s~anager Joa Revelo, Community Development Director APPROVED ;.s TO FORM & LANGU^Gf & FOR EXECUTION CITY OF MIAMI BEACH OFFICE OF CHILDREN'S AFFAIRS . 1111.U.O~ to -2.f'-W City Attorney Dole onnie Singer, xecutive Assistant to the City Manager Office of Children's \\CH2\SYS\DDHP\$ALLIL YSSETTEIACTPLAN\2000-01 \contrac~CMB Children, Affairs ESG.doc 5 ESG AGREEMENT October 1, 2000 to September 30, 2001 ATTACHMENT I STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM Neighborhoods First, a community empowerment initiative started in November 1998, will continue to provide emergency rental assistance for families residing in the North Beach area, These emergency funds complement the outreach and programming services currently being offered as part of the Florida Department of Juvenile Justice-funded community empowerment initiative. Recipients of emergency funds will meet appropriate eligibility criteria, The program will provide neighborhood-based emergency assistance, including rent/utility payments, door-to-door outreach, interventions for truant youth, emergency rent assistance, and community workshops, PROGRAM GOALS AND MEASURABLE OUTCOMES I, To provide 30-40 units of emergency rent assistance. 2, To provide monthly public workshops that address community empowerment issues, 3, To provide case management support for up to 70 Biscayne Elementary youth at risk of truancy, 4, To provide for expanded use of the media to inform citizens of available services and resources, 5, To provide at least 12 North Beach residents with walk-in assistance for all services at a Citizens' Empowerment Center at Biscayne Elementary on Tuesdays 2pm-6pm, 6, To provide home visits for those residents in need of services who are unable to access services via the Citizens' Empowerment Center or Miami Beach City Hall. SCHEDULE FOR IMPLEMENTATION Goal 10/2000 11/2000 1212000 1/2001 212001 312001 4/2001 512001 612001 712001 8/2001 912001 I 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 5 X X X X X X X X X X X X 6 X X X X X X X X X X X X F:\DDHP\$ALLIL YSSETTElACTPLAN\2DOO-Ol\contract\OCA ESG Attachment I.doc Page 1 of 1 ESG AGREEMENT October 1,2000 to September 30, 2001 ATTACHMENT II BUDGET SUMMARY SHEET Project Name: Neil!hborhoods First Funding Year: 2000/2001 Provider Name: City of Miami Beach Office of Children's Affairs Date Submitted: Category Category Breakdown ESG Funds Other Funds Other Funding Total Funds Number Sources City of Miami Salaries $0 $81,810 BeachIFlorida $81,810 1 Department of Juvenile Justice City of Miami Fringe Benefits $0 $12,926 BeachIFlorida $12,926 2 Department of Juvenile Justice City of Miami Supplies $0 $3,800 BeachIFlorida $3,800 3 Department of Juvenile Justice City of Miami Other Operating Expenses $0 $35,456 BeachIFlorida $35,456 4 Department of Juvenile Justice Emergency Food Assistance $0 $2,000 CDBG Year 26 $2,000 5 funds 6 Emergency Housing Assistance $10,359 $0 $10,359 7 8 9 10 11 Total ESG Funds $10,359 Total Other Funds Grand Total Page 1 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neil!:hborhoods First Funding Year: 2000/2001 Provider Name: City of Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 1 Program Director $0 $32,810 $32,810 1 Media Relations Director $0 $5,000 $5,000 1 Program Coordinator $0 $30,000 $30,000 1 Program Facilitator $0 $14,000 $14,000 Total Amount $0 $81,810 $81,810 Page 2 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neil!:hborhoods First Funding Year: 2000/2001 Provider Name: Citv of Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 2 Program Director $0 $6,926 $6,926 2 Media Relations Director $0 $1,000 $1,000 2 Program Coordinator $0 $3,000 $3,000 2 Program Facilitator $0 $2,000 $2,000 Total Amount $0 $12,926 $12,926 Page 3 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neil!:hborhoods First Funding Year: 2000/2001 Provider Name: Citv of Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 3 Office Supplies (including presentation $0 $3,800 $3,800 materials) Total Amount $0 $3,800 $3,800 Page 4 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neil!:hborhoods First Funding Year: 2000/2001 Provider Name: Citv of Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 4 OfficelProgramming Space $0 $26,000 $26,000 4 Janitorial Services $0 $3,000 $3,000 4 Copying Services $0 $4,000 $4,000 4 Printing Services $0 $2,456 $2,456 Total Amount $0 $35,456 $35,456 Page 5 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neie:hborhoods First Funding Year: 2000/2001 Provider Name: Citvof Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 5 Emergency Food Assistance Vouchers $0 $2,000 $2,000 Total Amount $0 $2,000 $2,000 Page 6 of7 ESG AGREEMENT BUDGET ITEMIZATION SHEET Project Name: Neil!:hborhoods First Funding Year: 2000/2001 Provider Name: Citv of Miami Beach Off of Children's Affairs Date Submitted: Category Amount Category Category Breakdown ESG Funds Other Funds Total Funds Number 6 Emergency Housing Assistance Vouchers $10,359 $0 $10,359 (Approximately 16 vouchers up to $650 each, for emergency rent and/or utilities assistance) Total Amount $10,359 $0 $10,359 Page 7 of7 ESG AGREEMENT October 1, 2000 to September 30, 2001 ATTACHMENT m GUIDELINES FOR FINANCIAL MANAGEMENT OF ESG-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 (Le" 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 ESG 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 ESG funds should prepare a time sheet indicating the hours worked on ESG 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 ESG 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 ESG 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\$ALL\L YSSETIEIACTPLAN\2000-01IAltachmenI1l1 ESG.doc Page I of1 "m ICMB Budget Account 137.5190.000345 MonthlY ear CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS PROGRAM FINANCIAL STATUS REPORT Provider: City of Miami Beach Office of Children's Affairs Project Name: Nei!!hborhoods First Date Submitted: Title: Signature: Reporting Period: Person Submitting Report: ESG $10,359 FY 2000/2001 Budget Amount Month Description Monthly Expenses Year to Date Expenses October 2000 November 2000 December 2000 January 200 I February 200 I March 2001 April 2001 May 200 I June 200 I July 200 I August 200 I September 200 I Reimbursement Available Funds 1~.!.r:i1IIl"ll. . . "~,,,,!..~.. """ CITY OF MIAMI BEACH EMERGENCY SHELTER GRANTS PROGRAM MONTHLY NARRATIVE AND CLIENT PROFILE REPORT Provider: City of Miami Beach Office of Children's Affairs Reporting Period: Person Submitting Report: Project Name: Neil!hborhoods First Date Submitted: Signature: 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 Ethnicity Female Special HOH Needs3 New YTD' 50% 80% White Not Black Not Hispanic American AsianJPacific (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. IICH2ISYSIDDHP\$ALLIL YSSETIEIACTPLAN\2000-01IcontractICMB Children, Affairs ESG Progress.doc ESG AGREEMENT October 1, 2000 to September 30, 2001 ATTACHMENT IV APPLICABLE FEDERAL REGULATIONS Compliance with the Section 109 of the Housing and Community Development Act of 1974 The work to be performed under this Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, which states that: "No person in the United States shall, on the ground of race, color, national origin, sex or handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title," Compliance with Equal Opportunity Provisions of Executive Order No. 11246 In carrying out the Agreement, the Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap or national origin, The Provider shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, handicap or national origin, Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, The Provider shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the government setting forth the provisions of this nondiscrimination clause, The Provider shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, handicap or national origin, For purposes of the Emergency Shelter Grants program, the term "dwelling units" in 24 CFR part 8 shall include sleeping accommodations. Use of emergency shelter grants amounts must also comply with the requirement that the Provider make known that use of the facilities or services is available to all on a nondiscriminatory basis, If the procedures that the Provider intends to use to make known the availability of the facilities and services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for such facilities and services, the Provider must establish additional procedures that will ensure that such persons are made aware of the facilities and services, Providers must also adopt procedures which will make available to interested persons, information concerning the location of services and facilities that are accessible to persons with disabilities, Applicability of OMB Circulars The policies, guidelines, and requirements of 24 CFR part 85 (codified pursuant to OMB Circular No. A-I02), and OMB Circular No. A-87, as they relate to the acceptance and use of emergency shelter grant amounts by States and units oflocal government, and Nos, A-IIO and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations, OMB Circulars referenced in this section are available at the Entitlement Cities Division, Room 7282, Department of Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 20410, Page 1 00 Compliance with Lead-Based Paint Regulations The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 USC 4821-4846) and implementing regulations at 24 CFR part 35, In addition, the Provider must also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: A, Treatment of defective paint surfaces must be performed before final inspection and approval of the renovation, rehabilitation or conversion activity under this part; and B. Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. Conflict of Interest In addition to the Conflict ofInterest requirements in OMB Circulars A-102 and A-IIO, no person who is an employee, agent, consultant, officer or elected or appointed official of the City of Miami Beach or the Provider and who exercises or has exercised any functions or responsibilities with respect to the assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities may obtain a personal or financial interest or benefit from the activity or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for him or herself or for those with whom he or she has family or business ties, during his or her tenure, or for one year thereafter, Audit The Provider is subject to the audit requirements of OMB Circular A-B3, as set forth in 24 CFR part 45. Lobbying and Disclosure Requirements The disclosure requirements and prohibitions of 42 USC 3537a and 3345 Compliance with Section 3 of the Housing and Urban Development Act of 1968 A, The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U,S,C, 170 lu, Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons in the area of the project. B. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements, C. The Provider shall send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training, Page 2 of3 D, The Provider will include this Section 3 clause in every sub-agreement for work in connection with the project and will, at the direction of the applicant for, or recipient of federal financial assistance, take appropriate action pursuant to the sub-agreement upon finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The Provider will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR and will not enter into any sub-agreement unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations, E, Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient of such assistance, its successors and assigns, Failure to fulfill these requirements shall subject the applicant or recipient for such assistance, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135, Compliance with Section 504 of the Rehabilitation Act of 1973, as amended The work to be performed under this contract is subject to the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, which states that: "No otherwise qualified handicapped individual in the United States, " shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, Or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency," F:\DDHP\$ALLIL YSSEITElACTPLAN\2000-01IAttachment IV ESG.doc Page 3 00 CITY OF MIAMI BEACH GLOSSARY Affordable Housing: Affordable housing is generally defined as housing where the occupants pay no more than 30 percent of gross income for gross housing costs, including utility costs, AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly limits a person's ability to live independently, Committed: Generally means there has been a legally binding commitment of funds to a specific project to undertake specific activities. Community Development Target Area: Geographic area where at least 51 percent of the residents are low and moderate income persons. Consistent with the Plan: A determination made by the jurisdiction that a program application meets the following criterion: . The Annual Plan for that fiscal year's funding indicates the jurisdiction planned to apply for the program or was willing to support an application by another entity for the program; . The location of activities is consistent with the geographic areas specified in the plan; and . The activities benefit a category of residents for which the jurisdiction's five-year strategy shows a priority, Cost Burden> 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent of gross income, based on data published by the U.S. Census Bureau. Cost Burden >50% (Severe Cost Burden): The extent to which gross housing costs, including utility costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau, Disabled Household: A household composed of one or more persons at least one of whom is an adult (a person of at least 18 years of age) who has a disability, A person shall be considered to have a disability if the person is detennined to have a physical, mental or emotional impainnent that: (I) is expected to be oflong-continued and indefinite duration; (2) substantially impedes his or her ability to live independently; and (3) is of such a nature that the ability could be improved by more suitable housing conditions. A person shall also be considered to have a disability ifhe or she has a developmental disability as defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S,C. 6001-6006), The term also includes the surviving member or members of any household described in the first sentence of Page I of7 this paragraph who were living in an assisted unit with the disabled member of the household at the time of his or her death, Elderlv Household: For HUD rental programs, a one or two person household in which the head of the household or spouse is at least 62 years of age. Elderlv Person: A person who is at least 62 years of age, Existing Homeowner: An owner-occupant of residential property who holds legal title to the property and who uses the property as his/her principal residence. Familv: See definition in 24 CFR 812,2 (The National Affordable Housing Act definition required to be used in the CHAS rule differs from the Census definition), The Bureau of Census defines a family as a householder (head of household) and one or more other persons living in the same household who are related by birth, marriage or adoption. The term "household" is used in combination with the term "related" in the CHAS 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.") Familv Self-Sufficiencv (FSS) Program: A program enacted by Section 554 of the National Affordable Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (I HAs) 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 HUD'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 Buver: An individual or family who has not owned a home during the three year period preceding the HUD-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. (V,S, Census definition), For Sale: Year round housing units which are vacant and offered available for sale only, (V,S, Census definition). Frail Elderlv: An elderly person who is unable to perform at least 3 activities of daily living (i,e" eating, dressing, bathing, grooming, and household management activities). (See 24 CFR 689.105,) Group Ouarters: Facilities providing living quarters that are not classified as housing units, (V,S, Page 2 of? 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 Familv: Family that includes at least one parent or guardian and one child under the age of 18, a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person under the age of 18, living in situations described by terms "sheltered" or "unsheltered". Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older) without children, living in situations described by terms "sheltered" or "unsheltered". Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations described by terms "sheltered" or "unsheltered", Household: One or more persons occupying a housing unit (V.S, Census definition). See also "Family", Housing Problems: Households with housing problems include those that: (1) occupy units meeting the definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost burden greater than 30%. Table I C requests nonduplicative accounts of households that meet one or more of these criteria, Housing Vnit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended as separate living quarters, (V.S, Census definition,) InstitutionslInstitutional: Group quarters for persons under care or custody, (V,S, Census definition.) Large 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 of HUD'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 ofthe 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 detennined 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-Elderlv 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, (V,S, Census definition.) Occupied Housing Unit: A housing unit that is the usual place of residence of the occupant(s), Other Household: A household of one or more persons that does not meet the 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 detennined by the Secretary, with adjustments for smaller and larger families, Other Low-income: Households whose incomes are between 51 percent and 80 percent of the median income for the area, as detennined 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 tenn 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, (V,S, Census definition,) Owner: A household that owns the housing unit it occupies. (V,S, Census definition,) Phvsical Defects: A housing unit lacking complete kitchen or bathroom, (V.S, Census definition,) Jurisdictions may expand upon the Census definition, Primary Housing Activity: A means of providing or producing affordable housing -- such as rental assistance, production, rehabilitation or acquisition -- that will be allocated significant resources and/or pursued intensively for addressing a particular housing need, (See also, "Secondary Housing Activity".) Proiect-Based (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant. Tenants receiving project-based rental assistance give up the right to that assistance upon moving from the project, Page 4 of? Public Housing ClAP: Public Housing Comprehensive Improvement Assistance Program, Public Housing MROP: Public Housing Major Reconstruction of Obsolete Projects, Rent Burden> 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30 percent of gross income, based on data published by the U,S. Census Bureau, Rent Burden> 50% (Severe Cost Burden ): The extent to which gross rents, including utility costs, exceed 50 percent of gross income, based on data published by the U,S, Census Bureau. Rental Assistance: Rental assistance payments provided as either project-based rental assistance or tenant-based rental assistance, Renter: A household that rents the housing unit it occupies, including both units rented for cash and units occupied without cash payment ofrent. (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. Secondarv Housing Activitv: 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 of? 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 Housing: 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 Housing Units: Unoccupied year round housing units, (U,S, Census definition,) Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g" streets, parks, alleys), Vacant Awaiting Occupancv 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 6 of? Vacant housing Unit: Unoccupied year-round housing unit that are available or intended for occupancy at any time during the year. VerY Low-Income: Households whose incomes do not exceed 50 percent of the median area income for the area, as determined by HUD, with adjustments for smaller and larger families and for areas with unusually high or low incomes or where needed because of prevailing levels of construction costs or fair market rents, (This term corresponds to low income households in the CDBG Program,) (For the purpose of further distinguishing within this category, two subgroups (0 to 30% and 31 to 50% of MFI) 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 Housing Units: Occupied and vacant housing units intended for year round use, (U,S. Census definition,) Housing units for seasonal or migratory use are excluded. Page7of7