American with Disabilities Act (ADA):

The American with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities and ensures community integration for persons with disabilities through implementation of accessibility features and accommodations.

Area Median Income (AMI):

The midpoint of a specific area’s income distribution, which is calculated on an annual basis by the U.S. Department of Housing and Urban Development (HUD).

Applicant:

The Owner or Tenant of a commercial facility submitting an application for assistance through this program with the consent and authorization of the other property contractual parties.

BCC:

Miami-Dade County Board of County Commissioners.

Bid or Bidding:

Professional quoting for the Project’s work or portion of the Project’s work.

Community Development Block Grant (CDBG):

Enacted by the Housing and Community Development Act of 1974, the CDBG Program is one HUD’s longest-running programs. CDBG funds local community development activities with the goal of building stronger and more resilient communities. CDBG activities may address needs such as infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance/acquisition, micro-enterprise assistance, code enforcement, homeowner assistance, etc.

Contract:

The Miami-Dade County SPED Program Contract under this program, executed by the County and Applicant/Owner.

Contractor:

Contractors and/or subcontractors performing contracted construction work for the Project, under Owner’s responsibility.

County:

Miami-Dade County.

Davis Bacon Act:

The Davis-Bacon Act is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. Davis-Bacon Act (40 U.S.C. 276 a to a-7) as supplemented by Department of Labor regulations 29 CFR Part 1, Part 3, and Part 5, as amended. Davis-Bacon requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Davis-Bacon wage rates can fluctuate based on economic conditions, and the applicable rate may not be known until time of bidding. Proposers are encouraged to build in contingencies and general market conditions into their contracts to account for this possibility.

Due Diligence

The HCD Due Diligence Investigation, as required by Resolution No. R-630-13.

Eligible Activity

Activities that create or retain at least one full-time equivalent, permanent job per $35,000 of CDBG funds used, per § 570.209.

Environmental Review (ER):

The process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The ER process is required for all HUD-assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. The level of ER will vary according to the proposed scope of work for the activity, but every project must be in compliance with the National Environmental Policy Act (NEPA), and other related federal and state environmental laws. The Applicant will be responsible for costs incurred in the completion of the review process (e.g. public notices required by CFR Part 58), as applicable.

Full-Time Equivalent (FTE):

A unit of measurement used to determine the number of full-time hours worked by employees in a business. FTE jobs are calculated by dividing the total number of weekly hours by 40. Fractions are rounded to the nearest whole number.

Good Standing:

The Applicant is not delinquent in any obligation to Miami-Dade County nor is the agency/business, officer or any member of the agency’s Board of Directors on the Miami-Dade County Delinquent List. In addition, if any individual listed on the application appears on the Excluded Parties List System (www.epls.gov), they may be excluded from receiving federal contracts, certain subcontracts, and certain federal financial and nonfinancial assistance and benefits.

The entity to whom the grant or funds are released.

Grantor

Miami-Dade County

Metropolitan Significance:

Metropolitan Significance is defined as: (1) A project necessary to further the purposes of the Housing and Community Development Act of 1974, (2) A project necessary to further the purposes of Miami-Dade County’s Community Development objectives and, (3) A project with a reasonable benefit to residents within Miami-Dade County’s entitlement jurisdictions boundaries.

National Objective:

The authorizing statute of the CDBG program requires that each activity funded (except for program administration and planning activities) must meet one of three national objectives. The “primary” national objective is Benefit to Low- and Moderate- Income (LMI) persons. The four categories that can be used to meet the LMI national objective are: Area benefit activities; Limited clientele activities; Housing activities; or Job creation or retention activities.

Owner or Project Owner:

The awarded Applicant.

Owner’s Equity

The Owner’s financial contribution to the proposed Project, which must be no less than 15% of the total project budget.

HCD:

Miami-Dade County Department of Housing and Community Development

Permitting:

Approval process performed by Miami-Dade County or the Municipality’s Building Departments.

Project:

The activity being conducted and for which funding is being sought.

Section 3:

Any work performed under any contract that results from this Application that is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC § 1701u (Section 3). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by HUD assistance of HUD-assisted projects covered under Section 3, shall, to the greatest extent possible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.  

Service Area:

The area to be serviced by the proposed project.

Site Control:

The legal right to use a property through ownership, lease, or an option agreement with the landowner, which must be demonstrated through a recorded title, executed lease agreement, firm purchase contract, Option-to-Purchase, Local Government Resolution, or other legal document for the site proposed for funding. Land lease expiration date must be at least two years beyond the creation of the required job. A valid option to purchase must be through projected competition of the project. Site control is a minimum threshold requirement.

Special Economic Development (SPED):

Miami-Dade County’s Special Economic Development (SPED) program provides economic development assistance to private, for-profit businesses in the form of forgivable loans. The goal of the SPED program is to create jobs by supporting expanding small businesses. The SPED application and supporting documents must be in the name of the legal entity that will own the project or the contracting entity.

Readiness to Proceed:

The extent to which a construction project is in the advanced stages of development planning. Ready to proceed means the project can commence construction and is past the planning, engineering, and funding stages. Specifically, the Environmental Site Assessment report (Phase I and/or Phase II) are completed with a “No Further Action” recommendation, construction plans and specifications have been completed and approved by all local agencies, full funding of the construction phase is available (less the GAP funding requested) and construction is ready to start within 30 days of closing of financing, pending the selection and award of the general contractor within 120 days from the contract execution date with HCD.

Credit Underwriting:

An analytical process that determines the amount of financing necessary given the financial and organizational capacity of the Applicant in order for the project to be successfully completed. HCD will use HUD defined standards to evaluate and determine the financial feasibility of proposed SPED projects. Credit underwriting will be conducted by HCD staff.

Unique Entity Identification (UEID):

The federal government requires companies doing business with the government or receiving grants to have a Unique Entity Identification (UEID) number. Federal acceptance of the DUNS number ended on April 4, 2022, and a free UEID number can be attained at the federal government website SAM.gov.