2001-24258 RESO
RESOLUTION NUMBER 200r-24258
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AND ADOPTING THE ATTACHED OWNER OCCUPIED
HOUSING REHABILITATION PROGRAM GUIDELINES;
APPROVING AN AMENDMENT TO THE CITY'S ONE YEAR
ACTION PLANS FOR FEDERAL FUNDS FOR FISCAL
YEARS 1997/98, 1998/99, 1999/2000, AND 2000/01,
REALLOCATING $300,000 OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THAT
WERE PREVIOUSLY ALLOCATED TO THE CITY'S
MULTI-FAMILY HOUSING REHABILITATION PROGRAM
TO FUND AN OWNER OCCUPIED HOUSING
REHABILITATION PROGRAM; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ATTACHED CDBG AGREEMENT WITH
THE MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION (MBCDq, REALLOCATING CDBG FUNDS,
IN THE AMOUNT OF $300,000, FOR AN OWNER OCCUPIED
HOUSING REHABILITATION PROGRAM TO ASSIST A
MINIMUM OF 17 INCOME-ELIGIBLE HOMEOWNERS TO
REHABILIT ATE THEIR HOMES.
WHEREAS, the City wishes to establish an Owner Occupied Housing Rehabilitation
Program; and
WHEREAS, the City wishes to amend the City's One Year Action Plans for Federal Funds
for Fiscal Years 1997/98, 1998/99, 1999/2000, and 2000/01, reallocating $300,000 of Community
Development Block Grant (CDBG) funds that were previously allocated to the City's Multi-Family
Housing Rehabilitation Program, to fund an Owner Occupied Housing Rehabilitation Program; and
WHEREAS, the City wishes to execute the attached CDBG Agreement with the Miami
Beach Community Development Corporation (MBCDC), reallocating CDBG funds, in the amount
of $300,000, for an Owner Occupied Housing Rehabilitation Program to assist a minimum of 17
income-eligible homeowners to rehabilitate their homes; and
WHEREAS, the City's Loan Review Committee, at its February 2, 2001 meeting, reviewed
and recommended that the Mayor and City Commission approve and adopt the attached Owner
Occupied Housing Rehabilitation Program Guidelines; approve an amendment to the City's One
Year Action Plans for Federal Funds for Fiscal Years 1997/98, 1998/99, 1999/2000, and 2000/01,
reallocating $300,000 of Community Development Block Grant (CDBG) funds that were previously
allocated to the City's Multi-Family Housing Rehabilitation Program, to fund an Owner Occupied
Housing Rehabilitation Program; and further, recommended that the Mayor and City Clerk execute
the attached CDBG Agreement with the Miami Beach Community Development Corporation
(MBCDC), reallocating CDBG funds, in the amount of $300,000, for an Owner Occupied Housing
Rehabilitation Program to assist a minimum of 17 income-eligible homeowners to rehabilitate their
homes;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and adopt the attached Owner Occupied Housing Rehabilitation Program
Guidelines; approve an amendment to the City's One Year Action Plans for Federal Funds for Fiscal
Years 1997/98, 1998/99, 1999/2000, and 2000/01, reallocating $300,000 of Community
Development Block Grant (CDBG) funds that were previously allocated to the City's Multi-Family
Housing Rehabilitation Program, to fund an Owner Occupied Housing Rehabilitation Program; and
further authorize the Mayor and City Clerk to execute the attached CDBG Agreement with the
Miami Beach Community Development Corporation (MBCDC), reallocation CDBG funds, in the
amount of $300,000, for an Owner Occupied Housing Rehabilitation Program to assist a minimum
of 17 income-eligible homeowners to rehabilitate their homes.
Passed and adopted this 21st day of February
,2001.
CITY CLERK
ATTEST:
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F:\DDHP\SALL\STEVE\Owner Occupied Rehab\MBCDC 300,000 for Owner Occupied Rehab - Reso.doc
APPROVED AS TO
FOAM a LANGUAGE
a FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.f1.u5
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. $)-0 I
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: February 21, 2001
Jorge M. Gonzalez ~~~
City Manager ~ 0
A RESOLUTIO F THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
ATTACHED OWNER OCCUPIED HOUSING REHABILITATION
PROGRAM GUIDELINES; APPROVING AN AMENDMENT TO THE
CITY'S ONE YEAR ACTION PLANS FOR FEDERAL FUNDS FOR FISCAL
YEARS 1997/98, 1998/99, 1999/2000, AND 2000/01, REALLOCATING
$300,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS THAT WERE PREVIOUSLY ALLOCATED TO THE CITY'S
MULTI-FAMILY HOUSING REHABILITATION PROGRAM, TO FUND AN
OWNER OCCUPIED HOUSING REHABILITATION PROGRAM; AND
FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE ATTACHED CDBG AGREEMENT WITH THE MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC),
REALLOCATING CDBG FUNDS IN THE AMOUNT OF $300,000 FOR AN
OWNER OCCUPIED HOUSING REHABILITATION PROGRAM TO
ASSIST A MINIMUM OF 17 INCOME-ELIGIBLE HOMEOWNERS TO
REHABILITATE THEIR HOMES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On July 26, 2000, the City Commission directed the Administration to explore the possibility of
establishing an Owner Occupied Housing Rehabilitation Program (Program) in order to expand the
services provided by the Scattered-Site Home Buyers Program and assist participants who currently
own their homes. The pertinent research has been conducted, a set of Program Guidelines has been
prepared and $300,000 in federal CDBG funds have been identified as the initial funding source for
the Program.
The Program has been designed to complement the services currently provided by the Miami Beach
Community Development Corporation (MBCDC) through the Scattered-Site Home Buyers Program.
F:\DDHP\$ALL\MIGUELL\Owner Occupied Rehabilitation 2001 - Memo.doc
AGENDA ITEM e7f)
DATE p.-O},)-O I
February 21, 2001
Commission Memorandum
Owner Occupied Housing Rehabilitation Program
Page 2
Once the Guidelines are adopted by the City, MBCDC will operate the Program in conjunction with
their existing housing services.
In order to establish the Program and to provide funding, the City is conducting an amendment to
the One Year Action Plans for Fiscal Years 1997/1998, 1998/99, 1999/2000 and 2000/01. The
amendment reallocates $300,000 of Community Development Block Grant (CDBG) Program funds
from fiscal years 1997/98, 1998/99, and 199912000, previously allocated to the City's Multi-Family
Housing Rehabilitation Program, to the Miami Beach Community Development Corporation
(MBCDC) for an Owner Occupied Housing Rehabilitation Program to assist a minimum of 17
income-eligible homeowners to rehabilitate their homes. MBCDC will receive a developer fee of
12 percent of the rehabilitation cost of each unit.
The MBCDC Owner Occupied Rousing Rehabilitation Program will assist homeowners with a gross
income up to 80 percent of area median income (currently $25,000 for a family of one) to bring their
property up to decent, safe and sanitary housing standards, and correct all existing code violations.
The maximum financial assistance may not exceed $15,000 per home. Homes receiving financial
assistance must be able to meet or exceed the decent, safe and sanitary housing standard after
rehabilitation, in accordance with the South Florida Building Code, the Miami-Dade County
Building code, and the Miami Beach Code.
A five (5) year lien will be placed on the property to recapture funds provided by the City in the
event of a default or sale. Every year on the anniversary of the completion of repairs, the amount
of the lien will be reduced twenty (20) percent. After five (5) years, if the property has been
maintained in accordance with the Program Guidelines,the full amount of the lien will be released
and discharged by the City of Miami Beach.
Homeowners who participate in the Program will be required to be the owner and occupant of their
home. Participants will be required to have resided at their property for 180 consecutive days prior
to applying for said funds and shall not have received assistance for housing rehabilitation from the
City during the previous five (5) years. The appraised value of the property may not exceed
$138,985 in accordance with the maximum purchase price for a unit as set forth by the U.S.
Department of Housing and Urban Development (RUD).
Miami Beach Community Development Corporation (MBCDC) has utilized a rehabilitation
component as a part of its successful Scattered-Site Home Buyers Assistance Program. The funds
being reallocated to MBCDC will be used to expand their rehabilitation component to homeowners.
MBCDC is the City's Community Housing Development Organization (CHDO) and operates the
most successful homebuyers program in Miami-Dade County. To date, MBCDC has assisted 203
families to acquire homes since 1996.
On January 16, 2001 City Staff and MBCDC met with the North Beach Development Corporation
(NBDC) and provided an overview of this proposed Program. NBDC expressed their support for
this Program and the City's housing rehabilitation programs.
F:\DDHP\$ALL\MIGUELL\Owncr Occupied Rehabilitation 2001 - Memo.doc
February 21, 2001
Commission Memorandum
Owner Occupied Housing Rehabilitation Program
Page 3
On February 2, 2001, the Loan Review Committee reviewed this proposed Program and
recommended that the Mayor and City Commission approve and adopt the Owner Occupied
Housing Rehabilitation Guidelines, approve an amendment to the One Year Action Plans for Federal
Funds for Fiscal Years 1997/98, 1998/99, 1999/2000, and 2000/01, reallocating $300,000 ofCDBG
funds that were previously allocated to the City's Multi-Family Housing Rehabilitation Program,
to fund an Owner Occupied Housing Rehabilitation Program, and to provide $300,000 of CDBG
funds for MBCDC for an Owner Occupied Housing Rehabilitation Program. In accordance with
HUD regulations and the adopted Citizen Participation Plan, on Thursday, September 7, 2000, the
City advertised a 30-day citizen comment period on the proposed amendment. No comments were
received.
The Administration recommends that the Mayor and City Commission adopt a resolution, approving
and adopting the attached Owner Occupied Housing Rehabilitation Program Guidelines; approving
an amendment to the City's One Year Action Plans For Federal Funds for Fiscal Years 1997/98,
1998/99, 199912000, and 2000/01, reallocating $300,000 of Community Development Block Grant
(CDBG) funds that were previously allocated to the City's Multi-Family Housing Rehabilitation
Program, to fund an Owner Occupied Housing Rehabilitation Program; and further, authorizing the
Mayor and City Clerk to execute the attached CDBG Agreement with the Miami Beach Community
Development Corporation (MBCDC), reallocating CDBG funds in the amount of $300,000 for an
Owner Occupied Housing Rehabilitation Program to assist a minimum of 17 income-eligible
homeowners to rehabilitate their homes.
JMG/CLDC/SKC ~
F:\DDHP\SALL\MIGUELL\Owner Qt:cupied Rehabilitadon 2001 . Memo.doc
COM~TYDEVELOPMffiNTBLOCKGRANTAGREEMffiNT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COM~TY DEVELOPMENT CORPORATION
This Agreement made and entered into this <2L day of ht.."fllt4f .~I and between the CITY
OF MIAMI BEACH, a municipal corporation, hereinafter referred to as "the City", and MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider";
WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing
and Urban Development as part of its Community Development Block Grant Program for the period
October 1,2000 to September 30, 2001 (hereinafter "the contract period"); and
WHEREAS, the primary objective of the Community Development Block Grant Program is the
development of viable urban communities, including decent housing and a suitable living environment
and expanding economic opportunities principally for persons of low and moderate income; and
WHEREAS, the One-Year Action Plan was adopted by City of Miami Beach Resolution No.
2000-23997 on July 12,2000; and
WHEREAS, on February 21, 2001, the City amended its One Year Action Plans for Federal
Funds for fiscal years 1997/98, 1998/99, 1999/2000, and 2000/01, reallocating $300,000 of Community
Development Block Grant (CDBG) funds that were previously allocated to the City's Multi-Family
Housing Rehabilitation Program, to fund an Owner Occupied Housing Rehabilitation Program; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Provider agree as follows:
Section 1.
Agreement Documents: Agreement documents shall consist of this Agreement and four
(4) attachments, all of which are incorporated by reference into this Agreement.
Attachment I contains a description of the service and goals offered by the Provider.
Attachment II is a line item budget. Attachment IIJ outlines financial management
procedures and reporting forms for use with Community Development Block Grant funds.
Attachment IV contains applicable federal regulations.
Section 2.
Statement of Work: The Provider agrees to implement the Activity in accordance with
the Budget, as described in Attachment I and II.
OWNER OCCUPIED HOUSING REHABILITATION PROGRAM
(570.208(a)(3)1570.20 I( a))
To rehabilitate owner occupied housing of income-eligible homeowners. MBCDC will
rehabilitate a minimum of 17 housing units owned by qualified income-eligible
individuals or families.
Section 3.
Agreement Amount: The City agrees to make available Three -Hundred Thousand
and 00/100 dollars ($300,000) for use by the Provider for the contract period.
Section 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.
Page 1 of 36
Section 5. Method of Payment and Reporting Requirements: The Provider agrees to submit
monthly program progress reports on the lOth day of each month to the City during the
contract period herein. The Provider also agrees to submit on September 30, 200 I, a
comprehensive final report covering the agreed-upon objectives, activities, and
expenditures for the entire contract period. Such shall include performance data on client
feedback, with respect to the goals and objectives outlined in Attachment 1. Attachment
1Il contains reporting forms to be used in fulfillment of this requirement. Other Reporting
Requirements may be required by the City in the event of Program changes, the need for
additional information or documentation arises, and/or legislative amendments are
enacted. The Provider shall be informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date shall be considered
delinquent and shall be considered by the City, at its sole discretion, as sufficient cause to
suspend CDBG payments to the Provider.
Section 6. Monitoring: The City shall schedule no less than one (I) monitoring visit with the
Provider to evaluate the progress and performance of the program and provide technical
assistance.
Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the
parties hereto that monies to be used for compensation, as contemplated by this
Agreement, originate from grants of Community Development Block Grant funds from
the U.S. Department of Housing and Urban Development (RUD) and must be
implemented in full compliance with all of RUD's rules and regulations. It is expressly
understood and agreed that in the event of curtailment or non-production of said federal
grant funds, the financial sources necessary to continue to pay the Provider compensation
will not be available and that this Agreement will thereby terminate effective as of the
time that it is determined by the City, in its sole discretion and judgement, that said funds
are no longer available. In the event of such determination, the Provider agrees that it will
not look to, nor seek to hold liable, the City or any individual member of the City
Commission thereof personally for the performance of this Agreement and all of the
parties hereto shall be released from further liability each to the other under the terms of
this Agreement.
Section 8. Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable federal regulations as they may apply to program
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K. Additionally, the Provider will comply with all
state and local laws and ordinances hereto applicable.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the Community Development Block Grant Program. "Benefits" under this section means
financial assistance, public services, jobs and access to new or rehabilitated housing and
other facilities made available under activities funded by the CDBG Program. "Benefits"
do not include relocation services and payments to which displacees are entitled by law.
Section 10. Subcontract: No part 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.
Page 2 of 36
Section 11. 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.
Section 12. Termination of Agreement: The City and the Provider agree that this Agreement may be
terminated in whole or in part for convenience and without cause, by either party hereto
by written notice to the other party of such intent to terminate at least thirty (30) days prior
to the effective date of such termination. However, if, in the case of a partial termination,
the City, in its sole discretion, determines that the remaining portion of the Agreement will
not accomplish the purposes of such Agreement, the City may terminate same in its
entirety, in the manner provided in this section.
Notwithstanding the preceding paragraph, the City may also place the Provider in default
of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for
cause. "Cause" shall include, but not be limited to, the following:
a. Failure to comply andlor perform in a material way, as same shall be determined
by the City in its sole discretion, in accordance with the terms of this Agreement,
or any Federal, State, County or City of Miami Beach statute or regulation.
b. Submitting reports to the City, which are late, incorrect or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring of the sub-recipient, and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in default.
Such notification shall include: (i) actions taken by or to be taken by the City, such as
withholding of payments; (ii) actions to be taken by the Provider as a condition precedent
to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no
more than fifteen (15) days from notification date. In the event that Provider fails to
correct such deficiency within the forestated period, and following such notice from the
City, this Agreement shall be terminated by the City, without further notice to Provider.
In the event of curtailment of, or regulatory constraints placed on, the funds by HUD, this
Agreement will terminate effective as of the time that it is determined such funds are no
longer available. Costs of the Provider resulting from obligations incurred during a
suspension or after termination, are not allowable unless the City expressly authorizes
them in the notice of suspension or termination, or subsequent thereto. Other costs during
suspension or after termination which are necessary and not reasonably avoidable are
allowable if, in the sole discretion of the City:
a. The costs resulting from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and, in the
case of termination, are noncancelable; and
b. The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes effect.
Page 3 of 36
In the event of termination of the Agreement, at its sole discretion, the City may require
Provider to transfer any CDBO assets to the City pursuant to Section 14 herein.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department of
Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under applicable
federal regulations) gained from any activity ofthe Provider, funded by CDBO funds shall
be reported to the City and utilized by the Provider in the operation of the CDBO-funded
activity during the contract period.
Section 15. Religions Organization or Owned Property: CDBO funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City and only in accordance with requirements set in 24 CFR
~570.200(j). The Provider shall comply with First Amendment Church/State principles, as
follows:
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will provide no religious instruction or counseling, conduct no religious worship or
services, engage in no religious proselytizing, and exert no other religious influence in
the provision of such public services.
d. The portion of a facility used to provide public services assisted in whole or in part
under this Agreement shall contain no sectarian or religious symbols or decorations.
e. The funds received under this Agreement shall not be used to construct, rehabilitate,
or restore any facility which is owned by the Provider and in which the public
services are to be provided. However, minor repairs may be made if such repairs are
directly related to the public services; are located in a structure used exclusively for
non-religious purposes; and constitute, in dollar terms, only a minor portion of the
CDBO expenditure for the public services.
Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section
12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any
CDBO funds on hand at the time of termination or expiration and any account receivable
attributable to the use of CDBG funds. Any real property under the Provider's control that
was acquired or improved in whole or in part with CDBO funds (including CDBO funds
provided to the Provider in the fonn of a loan) in excess of $25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly
section 570.901) until five years after expiration of the Agreement, or for such
longer period of time as determined to be appropriate by the City; or
Page 4 of 36
b. If not used in accordance with the above paragraph a, the Provider shaH pay to the
City an amount equal to the current market value of the property less any portion
of the value attributable to expenditures of non-CDBG funds for the acquisition
of, or improvement to, the property. No payment is required after the period of
time specified in this section.
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by
the U.S. Department of Housing and Urban Development for the administration and
implementation of the Community Development Block Grant Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of the U.S. Department of Housing
and Urban Development shaH have access to any books, documents, papers and records of
the Provider that are directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts and transcriptions. The Provider shaH comply with the
requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-profit
Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions"
as applicable. The Provider shaH comply with the foHowing provisions of the Uniform
Administrative requirements of OMB Circular A-II 0 (implemented at 24 CFR Part 84,
"Uniform Administrative Requirements for Grants and Agreements With Institutions of
Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG
provision, as specified in this paragraph:
a Subpart A - "General";
b Subpart B - "Pre-Award Requirements", except for 1184.12, "Forms for Applying
for Federal Assistance";
c Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shaH foHow the standards
of llll 85 .20(b )(7) and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of II 84.24, CDBG sub-recipients
shaH follow !l570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" -In lieu of 1184.32, CDBG sub-recipients shaH
follow II 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of II
84.34(g), the foHowing applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used to
acquire the equipment); and
Page 5 of 36
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records". Section
84.53(b) applies with the following exceptions:
a. The retention period referenced in \l 84.53(b) pertaining to individual CDBG
activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in which
the specific activity is reported on for the final time rather than from the date
of submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu ofthe provisions of\l84.61,
CDBG subrecipients shall comply with \l 570.503(b )(7); and
d Subpart D - "After-the-Award Requirements" - except for \l 84.71, "Closeout
Procedures" .
Section 18.
Sponsorships: The Provider agrees that when sponsoring a Program financed in whole or
in part under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the Program, research reports, and
similar public notices prepared and released by the Provider shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS ADMINISTERED BY THE
COMMUNITYIECONOMIC DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this
Agreement, the Community Development Block Grant Program, and all applicable laws
and regulations. This documentation shall include, but not be limited to, the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and program income. These records shall
Page 6 of 36
be maintained to the extent of such detail as will properly reflect alI net costs,
direct and indirect labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reimbursement is claimed under
the provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the CDBG activity delivery cost by Program and the non-CDBG
related charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing alI 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 folIowing
exception: if any litigation, claim or audit is started before the expiration date of the four
year period, the records will be maintained until alI litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, ofthe address where the records are to be kept.
Section 20. Audits and Iuspections: At any time during normal business hours, and as often as City
and/or Federal Government representatives may deem necessary, the Provider shall make
available all records, documentation, and any other data relating to alI matters covered by
the Agreement for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
standards of 0 MB A-I 33, "Audits ofInstitutions of High Education and Other N on-Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. Ifthis
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City from any and alI claims, liability, losses and causes of action which may
arise out of an act, omission, negligence or misconduct on the part of the Provider or any
of its agents, servants, employees, contractors, patrons, guests, clients, licensees or
invitees. The Provider shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits in the name of the City, when applicable,
and shall pay alI costs and judgements which may issue thereon.
The Provider shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and the City's Risk Manager has approved
such insurance. In the event evidence of such insurance is not forwarded to the City's
Risk Manager within thirty (30) days after the execution of this Agreement, this
Agreement shall become nulI and void and the City shall have no obligation under the
terms thereof unless a written extension of this thirty (30) day requirement is secured from
the City Administration.
Page 7 of 36
The Provider shall maintain and carry in fulI force during the term of this Agreement and
throughout the duration ofthis project the following insurance,
a. Provider General Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $1,000,000 single limit. The policy must include
coverage for contractual liability to cover the above indemnification.
b. The City of Miami Beach shall be named as an additional insured under all such
insurance contracts and City of Miami Beach Resolution No. 2000-23997 shalI
be referenced in the certificate.
c. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statute.
d. Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement.
Limits for such coverage shall be in the amount of$500,000.
e. Thirty- (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Provider and
his/her insurance company.
f. The insurance must be furnished by insurance companies authorized to do
business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published
by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager.
g. Original Certificates of Insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City
HalI.
AII insurance required by this section of the Agreement shalI be and remain in full force
and effect for the entire contract period and each certificate or policy shall carry the
provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty
(30) days written notice to that effect, given by the insurance carrier to the City, and that
the insurance carrier will not invoke the defense of performance of a governmental
function by the Provider in performing this contract.
Compliance with the foregoing requirements shalI not relieve the Provider of the liabilities
and obligations under this Section or under any other portion of this Agreement. The City
shall have the right to obtain from the Provider specimen copies of the insurance policies,
in the event that submitted Certificates of Insurance are inadequate to ascertain
compliance with required coverage. All of Provider's certificates, above, shall contain
endorsements providing that written notice shall be given to the City at least thirty (30)
days prior to termination, cancellation or reduction in coverage of the policy.
Page 8 of 36
Section 22. Conflict ofInterest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The Provider covenants that it
will comply with all provisions of 24 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 Provider shalI disclose, in writing, to the City any
possible conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the
terms or conditions herein, exclusive venue for the enforcement of the same shalI lie in
Miami-Dade County, Florida.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address, with copies to the Office ofthe City Attorney:
City:
Joanna Revelo, Community Development Director
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider,
Roberto Datorre, President
Miami Beach Community Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this agreement, so that its liability for any such
breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of $10,000, less the amount of
all funds actually paid by the City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, which amount shall be reduced by the
amount of the funding actually paid by the City to Provider pursuant to this Agreement,
for any action or claim for breach of contract arising out of the performance or
nonperformance of any obligations imposed upon the City by this Agreement. Nothing
contained in this subparagraph or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
Page 9 of 36
In witness thereof, the parties hereto have executed or caused to be executed by their duly
authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the
date first above written.
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
1111
Mayor
Pre'
1&Jd PtLl~
City Clerk
,Ql
Secretary v
APPROVED AS TO
FORM I. LANGUAGE
I.FOREXECUTIOH
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Page 10 of 36
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT I
STATEMENT OF WORK AND GOALS
DESCRIPTION OF PROGRAM
The Miami Beach Community Development Corporation (MBCDC) will assist a minimum of 17
income-eligible homeowners to rehabilitate their homes.
The MBCDC Owner Occupied Housing Rehabilitation Program will assist homeowners with a
gross income up to 80 percent of area median income (currently $25,000 for a family of one) to
bring their property up to decent, safe and sanitary housing standards, and correct all existing
code violations. The maximum financial assistance may not exceed $15,000 per home. Homes
receiving financial assistance must be able to meet or exceed the decent, safe and sanitary
housing standard after rehabilitation, in accordance with the South Florida Building Code, the
Miami-Dade County Building code, and the City.
Homeowners who take part in the Program will be required to be the owner and occupant oftheir
home. Participants will need to have resided on their property for 180 consecutive days and have
not received assistance for housing rehabilitation from the City during the previous five (5) years.
The appraised value of the property may not exceed $138,985 in accordance with the maximum
purchase price for a unit as set by the U.S. Department of Housing and Urban Development
(HUD).
PROGRAM GOALS AND MEASURABLE OUTCOMES
I. To rehabilitate the residence of a minimum of 17 income-eligible homeowners.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2000 1112000 12/2000 112001 2/2001 3/2001 4/2001 5/2001 6/2001 7/2001 8/2001 9/2001
I
2
3
4
5
6
Page 11 of 36
CDBG AGREEMENT
October 1,2000 to September 30, 2001
ATTACHMENT 11
BUDGET SUMMARY SHEET
Project Name: Owner Occupied Housin!! Rehabilitation Pro!!ram
Funding Year: 200012001
Provider Name: Miami Beach Community Development Corporation
Date Submitted:
Category Category Breakdown
Number
1 Salaries
2 Fringe Benefits
3 Contract Costs
4 Space Rental
5 Occupancy Costs
6 Office Expense
7 Other Costs
8
9
10
11
Total CDBG/ESG Funds
Total Other Funds
Grand Total
CDBG/ESG
Funds
Other Funds
Other Funding
Sources
Total Funds
$300,000
$300,000
Page 12 of 36
CDBG AGREEMENT
BUDGET lTEMIZA nON SHEET
Project Name: Owner Occupied Housinl! Rehabilitation Prol!ram
Funding Year: 200012001
Date Submitted:
Provider Name: Miami Beach Community Development Corporation
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
1 Salaries
1 Executive Director
1 Housing Coordinator
1 Housing Project Director
1 Housing Project Coordinator
1 Housing Specialist
1 Housing Property Manager
1 Housing Secretary
1 Housing Property Maintenance Worker
1 MIS
1 CFO/Financial Management Director
1 Accountant 2
1 Accountant 3
1 Office Manager
1 Secretary/Receptionist
1 Secretary/Clerical
1 Janitorial
1 Salary Increases
Total Amount
Page 13 of 36
CDBG AGREEMENT
BUDGET ITEMIZA nON SHEET
Project Name: Owner Occupied Housinl! Rehabilitation Prol!ram
Fnnding Year: 200012001
Provider Name: Miami Beach Communitv Development Corporation
Date Snbmitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
2 Fringe Benefits
2 Federal Payroll Tax
2 Unemployment Tax
2 Workmen's Compensation
2 Health Insurance
2 Retirement Plan Contribution
2 Other Fringe Benefits
Total Amount
Page 14 of 36
CDBG AGREEMENT
BUDGET lTEMIZATION SHEET
Project Name: Owner Occupied Honsinl! Rehabilitation Prol!ram
Provider Name: Miami Beach Community Development Corporation
Funding Year: 2000/2001
Date Submitted:
Category Amonnt
Category Category Breakdown CDBG/ESG Other Funds Total Fnnds
Number Funds
3 Contract Costs
3 Audit
Total Amount
Page 15 of 36
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Owner Occupied Housinl! Rehabilitation Prol!ram
Funding Year: 2000/2001
Provider Name: Miami Beach Communitv Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBGIESG Other Funds Total Funds
Number Funds
4 Space Rental
4 Office Space Rental
Total Amount
Page 16 of 36
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Owner Occupied Housinl! Rehabilitation Prol!ram
Funding Year: 2000/2001
Provider Name: Miami Beach Communitv Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
5 Occupancy Costs
5 Utilities
5 Janitorial Supplies and Water
5 Office Machine Leases
5 Repairs and Maintenance
Total Amount
Page 17 of 36
CDBG AGREEMENT
BUDGET ITEMlZATION SHEET
Project Name: Owner Occuoied Housiol! Rehabilitation Prol!ram
Provider Name: Miami Beach Communitv Development Corooration
Funding Year: 200012001
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
6 Office Expense
6 Office Supplies
6 Postage and Delivery
6 Communications, Miscellaneous Photography and
Advertising
6 Telephone and Long Distance Service
6 Insurance
Total Amount
Page 18 of 36
CDBG AGREEMENT
BUDGET ITEMIZATION SHEET
Project Name: Owner Occupied Housinl! Rehabilitation Prol!ram
Funding Year: 2000/2001
Provider Name: Miami Beach Communitv Development Corporation
Date Submitted:
Category Amount
Category Category Breakdown CDBG/ESG Other Funds Total Funds
Number Funds
7 Other Costs
7 Membership and Dues
7 Publications and Subscriptions
Total Amount
Page 19 of 36
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT III
GUIDELINES FOR FINANCIAL MANAGEMENT OF CDBG-FUNDED ACTMTIES
To comply with federal regulations, each program must have a financial management system that provides accurate,
current and complete disclosure ofthe financial status of the activity. This means the financial system must be capable of
generating regular financial status reports which indicate the dollar amount allocated for each activity (including any
budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The
system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able
to isolate and to trace every CDBG dollar received and prove where it went and for what it was used.
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls
and the like must be secured and retained for four years in order to show for what purpose funds were spent. Payments
should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's
letterhead.
All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on
CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher
statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.
The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a
City department or bureau, in order to determine whether or not it meets all of the above requirements. Ifthe agency's
system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for
the operating agency.
Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD or Treasury
officials or their representative.
One copy of the vendors' audited financial statement shall be submitted to the City immediately following the end of the
vendors' fiscal year(s) during which CDBG funds are received.
Payments to sub-recipients will be on a reimbursement basis to be submitted to:
Joanna Revelo, Director
Community Development Division
City of Miami Beach
Community/Economic Development Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report forms, in a format
consistent with the approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash
advance may be available upon special request.
Page 20 of 36
lQ
ICMB Budget Account
MonthNear
CITY.
~MI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FINANCIAL STATUS REPORT
Provider:
Miami Beach Communitv DeveloDment Corp. Project Name: Owner OccuDied Housin2 Rehab. Prol!ram
Reporting Period:
Person Submitting Report:
Date Submitted:
Title:
Signature:
CDBG Year 26 $ 300,000
FY 2000/2001
Budget Amount
Month Description Monthly Expenses Year to Date Expenses
October 2000
November 2000
December 2000
January 2001
February 2001
March 2001
April 2001
May 2001
June 2001
July 200 I
August 200 I
September 200 I
Reimbursement
Available Funds
I A.ppI"'n<lll)'
Page 21 of 36
CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE AND PROJECT ACCOMPLISHMENTS REPORT
Provider: Miami Beach Comm. Development Corp.
Reporting Period:
Person Submitting Report:
Project Name: Owner Occupied Housin!! Rehab. Pro!!.
Date Submitted:
Signature:
Please complete the following reports for activities undertaken during this month's reporting period. Ifreporting 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 1 of
the Agreement.)
Goal
Month Met Not Met
October
November
December
January
February
March
Goal
Month Met Not Met
April
May
June
July
August
September
In the space below, explain any problems, which may have affected your performance during the reporting period. Attach
additional pages, if necessary, to describe any special recognition, awards and circumstances encountered during the reporting
period.
II. Project Accomplishments to Date - Fill in amounts as appropriate.
Percentage (%) of Completion Number of
Month Feet of Public Public Facilities Businesses! Housing Units LMl Jobs
Utilities Organizations Completed Created and/or
Assisted Retained
October
November
December
January
February
March
April
May
June
July
August
September
Page 22 of 36
CDBG AGREEMENT
October 1, 2000 to September 30, 2001
ATTACHMENT IV
APPLICABLE FEDERAL REGULATIONS
1. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
. Title VI of the Civil Rililits Act of 1964. As Amended (42 USC 2000d et seQ.\' States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part I.
. The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations may be found in 24 CFR Part 100-115.
. Equal Opportunity in Housing (Executive Order 11063. as amended bv Executive Order
12259), Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 107.
. Age Discrimination Act of 1975. As Amended (42 USC 6101 ): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
. Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-
assisted housing with five or more units. Requirements and procedures must include:
Page 23 of 36
. Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example, use of the Fair Housing logo or equal opportunity
language);
. A description of what owners and/or the Provider will do to affIrmatively market housing
assisted with CDBG funds;
. A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
. Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
. Description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
. Americans with Disabilities Act(42 USC 12131; 47 USC 155.201. 218 and 225), Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
. Fair Housing Act, Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
. Section 504, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature ofthe program.
For any Provider principally involved in housing or social services, all of the activities of
the agency -- not only those directly receiving Federal assistance -- are covered under
Section 504.
Contractors or vendors are subject to Section 504 requirements only in the work they do
on behalf of the Provider or the City.
The ultimate beneficiary of the Federal assistance is not subject to Section 504
requirements.
. The Architectural Barriers Act of 1968 (42 USC 4151-4157), Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
Page 24 of 36
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
. Equal Emplovment Opportunity, Executive Order 11246. as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included in
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
. Section 3 ofthe Housing and Urban Development Act of 1968, Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program service areal
. Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
. Contract Work Hours and Safety Standards Act. as amended (40 USC 327-333): Provides
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
. Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
Page 25 of 36
. Fair Labor Standards Act of 1938. As Amended (29 USC 201. et. sea.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
. Procurement' For the City, the procurement standards of24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
. Conflict ofInterest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
An employee, agent or officer of the City or the Provider;
Any member of an employee's, agent's or officer's immediate family;
An employee's, agent's or officer's partner; or
An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
May obtain a financial interest or benefit from a CDBG activity; or
Page 26 of 36
Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
. Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients' in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70-
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless, The community is
participating in the National Flood Insurance Program, Q! it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
Page 27 of 36
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
. Housing built since January I, 1978, when lead paint was banned for residential use
. Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is
expected to reside there
. Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks
. Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector
. Property where all lead-based paint has been removed
. Unoccupied housing that will remain vacant until demolished
. Non-Residential property
. Any rehabilitation or housing improvement that does not disturb a painted surface
TYPES OF HOUSING SUBJECT TO 24 CFR 35
. Federally-Owned housing being sold
. Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance)
. Public housing
. Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate)
. Multifamily housing for which mortgage insurance is being sought
. Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs
If you want copies of the regulation or have general questions, you can call the National
Lead Information Center at (800)424-LEAD, or TDD (800)526-5456 for the hearing
impaired. You can also download the regulation and other educational materials at
www.hud.gov/lea. For further information, you may call HUD at (202) 755-1785, ext. 104,
or e-mail HUD at lead regulationslalhud.gov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendments" requirements.)
Page 28 of 36
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate-income household is defined as' a household
having an income equal to, or less than, the limits cited below. Individuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 3/9/2000) (Source: U.S. Department
of Housing & Urban Development) (Note, * 80% of Median Income, ** 50 % of Median
Income)
Household Size
I Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Moderate Income*
$25,000
$28,550
$32,100
$35,700
$38,550
$41,400
$44,250
$47,100
Low Income**
$15,600
$17,850
$20,050
$22,300
$24,100
$25,850
$27,650
$29,450
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.Q1-2 2,137 4,002 53.40
41.01-3 8\0 1,511 53.61
42 10,Q42 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13 ,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% LIM
NORTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
39.Q1-1 603 1,036 58.20
39.Q1-2 620 836 74.16
39.Q1-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.Q2-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% L/M
Page 29 of 36
CITY OF MIAMI BEACH
GLOSSARY
Affordable Housinl!: Affordable housing is generally defined as housing where the occupants pay no
more than 30 percent of gross income for gross housing costs, including utility costs.
AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions
arising from the etiologic agent for acquired immunodeficiency syndrome.
Alcohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly
limits a person's ability to live independently.
Committed: Generally means there has been a legally binding commitment of funds to a specific project
to undertake specific activities.
Community Development Target Area, Geographic area where at least 51 percent of the residents are
low and moderate income persons.
Consistent with the Plan, A determination made by the jurisdiction that a program application meets the
following criterion,
. The Annual Plan for that fiscal year's funding indicates the jurisdiction planned
to apply for the program or was willing to support an application by another
entity for the program;
. The location of activities is consistent with the geographic areas specified in the
plan; and
. The activities benefit a category of residents for which the jurisdiction's five-year
strategy shows a priority.
Cost Burden> 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent
of gross income, based on data published by the U.S. Census Bureau.
Cost Burden >50% (Severe Cost Burden): The extent to which gross housing costs, including utility
costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau.
Disabled Household: A household composed of one or more persons at least one of whom is an adult (a
person of at least 18 years of age) who has a disability. A person shall be considered to have a disability
if the person is determined to have a physical, mental or emotional impairment that,
(I) is expected to be of long-continued and indefinite duration;
(2) substantially impedes his or her ability to live independently; and
(3) is of such a nature that the ability could be improved by more suitable housing
conditions.
A person shall also be considered to have a disability if he or she has a developmental disability as
defined in the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001-6006). The
term also includes the surviving member or members of any household described in the first sentence of
this paragraph who were living in an assisted unit with the disabled member of the household at the time
of his or her death.
Page 30 of 36
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) Prol!fam: A program enacted by Section 554 of the National Affordable
Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IHAs) 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 SO 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. (U.S. Census
definition).
For Sale: Year round housing units which are vacant and offered available for sale only. (U.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. (U.S. 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.
Page 31 of 36
Homeless Family, Family that includes at least one parent or guardian and one child under the age of 18,
a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person
under the age of 18, living in situations described by terms "sheltered" or "unsheltered".
Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older)
without children, living in situations described by terms "sheltered" or "unsheltered".
Homeless Youth: Unaccompanied person 17 years of age or younger who is living in situations described
by terms "sheltered" or "unsheltered".
Household, One or more persons occupying a housing unit (U.S. Census definition). See also "Family".
Housing Problems: Households with housing problems include those that: (I) occupy units meeting the
definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost
burden greater than 30%. Table IC requests nonduplicative accounts of households that meet one or
more of these criteria.
Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended
as separate living quarters. (U.S. Census definition.)
InstitutionslInstitutional, Group quarters for persons under care or custody. (U.S. Census definition.)
Larl!e Related: A household of 5 or more persons which includes at least one person related to the
householder by blood, marriage or adoption.
L1HTC: (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 of the median
income for the area, as determined by HUD, with adjustments for smaller or larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such yariations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
Middle-Income, Households whose incomes are between 81 percent and 95 percent of the median
income for the area, as determined by HUD, with adjustments for 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 ofHUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This definition is different than that
for the CDBG Program.)
Non-Elderly Household, A household which does not meet the definition of "Elderly Household," as
defined above.
Page 32 of 36
Non-Homeless Person with Special Needs: Includes elderly/frail elderly persons, persons with AIDS,
disabled families, and families participating in organized programs to achieve economic self-sufficiency.
Non-Institutional, Group quarters for persons not under care or custody. (U.S. Census definition.)
Occupied 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
determined by the Secretary, with adjustments for smaller and larger families.
Other Low-income: Households whose incomes are between 51 percent and 80 percent of the median
income for the area, as determined by HUD, with adjustments for smaller and larger families, except that
HUD may establish income ceilings higher or lower than 80 percent of the median for the area on the
basis of HUD's findings that such variations are necessary because of prevailing levels of construction
costs or fair market rents, or unusually high or low family incomes. (This term corresponds to
moderate-income in the CDBG Program.)
Other Vacant' Vacant year round housing units that are not For Rent or For Sale. This category would
include Awaiting Occupancy or Held.
Overcrowded, A housing unit containing more than one person per room. (U.S. Census definition.)
Owner, A household that owns the housing unit it occupies. (U.S. Census definition.)
Phvsical Defects, A housing unit lacking complete kitchen or bathroom. (U.S. Census definition.)
Jurisdictions may expand upon the Census definition.
Primarv 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.
Public Housing ClAP, Public Housing Comprehensive Improvement Assistance Program.
Public Housing MROP: Public Housing Ml\ior 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.
Page 33 of 36
Renter: A household that rents the housing unit it occupies, including both units rented for cash and units
occupied without cash payment of rent. (U.S. Census definition.)
Renter Occupied Unit: Any occupied housing unit that is not owner occupied, including units rented for
cash and those occupied without payment of cash rent.
Secondary Housing Activity, A means of providing or producing affordable housing such as rental
assistance, production, rehabilitation or acquisition -- that will receive fewer resources and less emphasis
than primary housing activities for addressing a particular housing need. (See also, "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 34 of 36
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 Housinl! 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.)Vacant housing Unit: Unoccupied year-round housing unit
that are available or intended for occupancy at any time during the year.
Verv Low-Income, Households whose incomes do not exceed 50 percent of the median area income for
the area, as determined by HUD, with adjustments for smaller and larger families and for areas with
Page 35 of 36
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% ofMFl)
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.
Page 36 of 36
CITY OF MIAMI BEACH
OWNER OCCUPIED
HOUSING REHABILITATION
PROGRAM
February 21,2001
For Information Contact:
Community/Economic Development Department
Housing Division
1700 Convention Center Drive
Miami Beach, FL 33139
Phone: (305) 673-7260/Fax: (305) 673-7772
OWNER OCCUPIED HOUSING REHABILITATION PROGRAM
GUIDELINES
The Owner Occupied Housing Rehabilitation Program provides financial assistance to bring
property up to decent, safe and sanitary housing standards; and correct all existing code violations.
The financial assistance may not exceed the lesser of the actual cost of rehabilitation or $15,000 for
each dwelling unit. Applicants receiving financial assistance must be able to meet or exceed the
decent, safe and sanitary housing standard after rehabilitation, in accordance with the South Florida
Building Code, the Miami-Dade County Building Code, and the City of Miami Beach Code.
Additionally, all projects must comply with all other applicable laws, rules, and regulations. This
financial assistance program may be used in conjunction with any other assistance program in order
to make rehabilitation feasible.
All applicants must satisfy the following requirements:
I. The applicant must be the owner and occupant of a residential property located in the
City of Miami Beach and have resided on the property for 180 consecutive days prior to
submitting an application.
2. The applicant may have a gross income of up to 80% of area median income as
determined by U. S. Department of Housing and Urban Development (HUD).
3. The property must need repairs to meet the decent, safe and sanitary housing standard.
4. The applicant shall have adequate and sufficient evidence of clear title to the subject
property .
5. Any and all past-due City, County, Federal and State taxes must be paid and any and all
liens filed against the property for past-due taxes must be satisfied and or released.
6. The property must not have received assistance for housing rehabilitation from the City
of Miami Beach, during the previous five years.
7. The property must conform to the zoning requirements and land use regulations of the
City of Miami Beach.
8. An equitable owner pursuant to an executory or an installment land sales contract may
be considered eligible if such eligibility requirements are satisfied.
ELIGIBLE COST
The actual cost of repairs includes the cost of replacement required to correct a hazardous condition
or a code violation. All hazardous conditions must be corrected before any other work may be
done.
1. The actual cost of rehabilitation necessary to bring the property up to the decent, safe
and sanitary standard. (This is the mandatory minimum work required for any
assistance).
2. The actual cost of rehabilitation necessary to bring the property to meet the minimum
standards of the South Florida Building Code, the Miami-Dade County Building code,
and the City of Miami Beach Code.
3. The cost of rehabilitation to correct or remove potential violations of code including all
physical conditions of the property which, if not repaired, would in all likelihood
deteriorate within two years to the point where the housing standards of the South
Florida Building Code, or any other applicable code, would be violated.
4. The cost of general property improvements: Such improvements shall not be the major
focus of the assistance and shall usually be less than forty (40%) percent of the cost of
rehabilitation. Owner-supplied funds shall be excluded from such calculations. General
property improvements may be included only if the minimum improvements required
are satisfied.
5. The cost of building permits, related fees, and appraisals required to carryout the
proposed rehabilitation.
6. The cost of architect and engineering fees up to ten percent (10%) of the total
rehabilitation costs. The cost of the rehabilitation and all fees, excluding the developers
fee, may not exceed $15,000.
7. The cost of temporary relocation when it is deemed necessary during rehabilitation
work.
INELIGIBLE COSTS
The following is a list of work or costs considered ineligible:
1. Extensive work tantamount to new construction or reconstruction of the property. (This
does not exclude so-called "gut" rehabilitation of a property if necessary to rneet the
South Florida Building Code.)
2. General property improvements above those included in the maximum allowable
assistance or otherwise inconsistent with the purpose and guidelines for general property
improvements. (However, the owner may provide the difference in cost at the time of
execution of the Agreement).
3. The construction and/or repair of swimming pools or jacuzzis.
4. Materials, fixtures, equipment or landscaping of a type or quality which substantially
exceeds that customarily used in City of Miami Beach for properties of the same general
type as the property to be rehabilitated. (However, the owner may provide the difference
between the cost of such materials, etc., as he desires at the time of execution of the
Agreement. )
5. Purchase, repair and/or installation of furnishings.
6. Costs of acquisition of subject property.
7. Reimbursement for work completed prior to the approval of the application and/or prior
to the execution of the Agreement.
8. Payment of any lien or judgment against the property including past-due taxes.
9. Any other cost or work performed that the City of Miami Beach deems ineligible.
10. The Cost of rehabilitation to convert a property by increasing or decreasing the nwnber
of units on the property.
GRANT/DEFERRED PA YMNET CONDITIONS
All homes that receive assistance under this program will have a lien placed on the property by the
City of Miami Beach for the actual cost of rehabilitation, including any change orders.
FIVE YEAR LIEN
a. A lien will be placed, by the City of Miami Beach, on the property for five (5) years following
the completion of repairs.
b. Every year on the anniversary of the completion of repairs, the amount of the lien will be
reduced twenty (20%) percent. After five (5) years, the full amount of the lien will be released
and discharged by the City of Miami Beach. If the property is sold or transferred during the
five-year period and before the lien is released, the owner will be reqtlired to pay to the City of
Miami Beach the balance due at the time of sale or transfer.
Requirements for all projects requiring the placement of a lien as described above:
I. The owner agrees to reside in the residence as his/her principal domicile and further
agrees not to lease or rent the property to third parties for the duration of the lien.
2. Failure of the City of Miami Beach to exercise any option or penalty provided in these
guidelines, or the Agreement, shall not be considered a waiver of such option or penalty.
3. If the property is inherited by a relative, legatee or beneficiary, the new owner will be
required to comply with all the conditions under the program guidelines and the
Agreement in order to benefit from the provisions of the program.
4. The owner agrees to properly maintain the property for the duration of the Agreement.
MAXIMUM PURCHASE PRICE
The maximum purchase price for a unit may not exceed that of the maximum purchase price set by
the U. S. Department of Housing and Urban Development (HUD). The maximum purchase price
for a unit is currently $138,985. This figure is subject to adjustment by the U.S. HUD.
ANNUAL INCOME SCHEDULE (subject to adjustment by U.S. HUD).
I person $25,000
2 People $28,550
3 People $32,100
4 People $35, 700
5 People $38,550
6 People $41,400
7 People $44,250
8 People $47.100
(80% of area median income)
Income reflected is maximum gross annual income allowed per household, based on family size.