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
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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,
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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,)
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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,
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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.
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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,)
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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.
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