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Block Grant Agreement with The Housing Authority of The City of Miami Beach, Florida DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 - 2 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FISCAL YEAR 2021 BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, FLORIDA This CDBG Agreement ("Agreement") made and entered into this 29 day of April , 2022, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH, FLORIDA, a Florida public housing authority, having its principal office at 200 Alton Road, Miami Beach, Florida, 33139(hereinafter referred to as "Sub-Recipient"). WHEREAS,the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME Investment Partnership programs(HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities;and WHEREAS, on February 10, 2021, the City Commission adopted Resolution No. 2021- 31577, approving the issuance of Request for Proposals (RFP) for the FY 19/20 CDBG and HOME funding allocation;and WHEREAS, the Administration reviewed RFP submissions to ensure that projects align with the needs identified in the 2018-2022 Consolidated Plan; and WHEREAS, each year,the City prepares a One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low- and moderate- income residents; and WHEREAS,on June 23,2021,the City Commission adopted Resolution No. 2021-31728, approving the One-Year Action Plan for Federal Funds for FY 2021,allocating CDBG funds in the amount of SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED AND NINETY-SIX DOLLARS ($644,496.00)for land acquisition to develop"The Egret", a new construction affordable housing project, with up to twelve(12)residential units ("Project"); and WHEREAS,the One-Year Action Plan for FY 2021 was made available to the public for a 30-day public review and comment period from May 24,2021 through June 23, 2021; and NOW,THEREFORE,in consideration of the mutual benefits contained herein,the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six(6)exhibits, all of which are attached and incorporated in this Agreement: • Exhibit A-Scope of Services • Exhibit B-Documentation • Exhibit C-Budget • Exhibit D-Financial Management for CDBG-funded activities • Exhibit E- Report Forms • Exhibit F-Monitoring Tool Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in accordance with the terms of this Agreement, which Project is summarized as follows: 1 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 The CDBG funding will be used for land acquisition for The Egret, a new construction housing development with up to 12 residential units for low- to moderate-income households. All of the units shall be rented to households (person or persons) with incomes at or below 80% of the Area Median Income (AMI). Section 3. Agreement Amount:The City agrees to make available Community Development Block Grant(CDBG)funds, in the amount of SIX HUNDRED FORTY-FOUR THOUSAND FOUR HUNDRED AND NINETY-SIX DOLLARS ($644,496.00) for use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit C— Budget following the rules for Financial Management for CDBG Funded Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds"). Section 4. Alterations: Any proposed changes in the Project including,without limitation,the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR § 570.503 (b)(2), Sub-Recipient shall submit Financial and Progress reports as indicated in • Exhibit A-describing the progress made by the Sub-Recipient in achieving the objectives identified in Exhibit A—Scope of Services. As part of the final report submitted, the Sub- Recipient also agrees to include a comprehensive final report covering the agreed-upon program objectives, activities, and expenditures, and including, but not limited to, performance data and client feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment of the reporting requirement. Other reporting requirements may be required by the City Manager in the event of program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. Other reporting requirements may be required by City in the event legislative amendments are enacted or as the City Manager may reasonably deem necessary.The Sub-Recipient shall be informed, in writing, if any changes become necessary. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit C—Budget and in accordance with performance. Section 6. Monitoring: In compliance with 2 CFR § 200.331 (d) and (e), at its discretion, the City may schedule at least one (1) annual on-site monitoring visit with the Sub-Recipient to evaluate the progress of the program, and provide technical assistance using the Monitoring Tool attached as Exhibit F. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non-production of said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement,which termination shall be effective as of the date that it is determined by the City Manager, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Sub-Recipient agrees that it will not look to,nor seek to hold the City, nor any individual member of the City Commission and/or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Sub-Recipient under the terms of this Agreement. 2 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 Section 8. Compliance with Local, State, and Federal Regulations-The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to program administration as described in 24 CFR Part 570 and 2 CFR Part 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR Part 570, Subpart K— Other Program Requirements, as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local (City and County) applicable laws and ordinances. It shall be the Sub-Recipient's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. 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 CDBG 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. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Section 11. Term: This Agreement shall commence following execution by the parties hereto and shall terminate on January 31, 2025 (the Term), with the understanding that at the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. Section 12. Termination of Agreement: 12.1 Termination for Convenience:This Agreement may be terminated by the City,for convenience and without cause, through the City Manager, upon 30 days prior written notice to Sub-Recipient. In the event of such termination for convenience, the City shall cease any payments to Sub-Recipient for costs resulting from obligations which were not approved before the effective date of termination. Sub- Recipient shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination,and shall also be solely responsible for submitting a final report, as provided in Section 5 hereof, (detailing all program objectives, activities, and expenditures up to the effective date of the termination). Said final report shall be due within five(5)working days following the effective date of termination. Upon timely receipt of Sub-Recipient's final report,the City,at its sole discretion, shall determine the amount(if any)of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Project items, and shall provide Sub-Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above,the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County, or City law or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. 3 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 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 and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient 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 Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period,which shall be no less than thirty(30)days from notification date with respect to Subsections 12.2(a),(b),and(d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated cure period, this Agreement shall be considered terminated for cause, without requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Sub-Recipient,as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the termination for cause, as described in this section, shall be effective upon receipt of the termination notice, without the opportunity to cure said default. Additionally, if Sub-Recipient has committed similar defaults under Subsections 12.2(a), (b), and (d), on two or more occasions during the term of the Agreement, the termination for cause, as described in this section, shall be effective as of the date the second notice is sent to Sub-Recipient by the City, without the opportunity to cure said default. 12.3 Termination for Lack of Project Funds: 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 by the City Manager that such Funds are no longer available. Costs of the Sub-Recipient incurred after termination are not allowable unless expressly authorized in writing by the City Manager(whether in the notice of termination or subsequent thereto),and, in that case, may only be allowable if,in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination,were not in anticipation of it,and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. 12.4 Termination for Failure to Secure Site: In the event that Sub-Recipient fails to purchase the land for the development of the Project on or before June 30, 2022 ("Purchase Deadline"), this Agreement will automatically terminate. The City Manager, at the City Manager's sole discretion, may extend the Purchase Deadline, upon the request of Sub-Recipient and the showing of good cause for the delay in securing the site. Any extension of the Purchase Deadline shall be memorialized in the form of an amendment to the Agreement. 4 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR Part 200, Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR § 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339),as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Unless otherwise required by applicable laws, in connection with performance of the Services,the Sub-Recipient shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income, or family status. Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code,as may be amended from time to time, prohibiting discrimination in the employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality,sexual orientation,gender identity,familial and marital status,age,ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. Section 14. Program Income:The Sub-Recipient shall report monthly all program income(as defined at 24 CFR § 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR§570.504. By way of further limitations, the Sub-Recipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Term.Any interest earned on cash advances from the U.S.Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR § 570.200(j). The Sub-Recipient 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 retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries,chapels, 5 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the City (whether under this Agreement,or at law or in equity),the Sub-Recipient shall immediately transfer to the City any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds on hand at the time of termination, shall not waive the City's right (nor excuse Sub- Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem necessary. Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG program, including those set forth below and the applicable Uniform Administrative Requirements set forth in 24 CFR § 570.502, as amended by 2 CFR Part 200 and applicable Federal laws and regulations in 24 CFR§ 570.600, et seq. as now in effect and as may be amended from time to time. In this regard, the Sub-Recipient agrees that duly authorized representatives of HUD shall have access to any books, documents, papers, and records of the Sub- Recipient that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. a. Subpart A-"Acronyms and Definitions" b. Subpart B-General Provisions c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards" d. Subpart D - "Post-Federal Award Requirements", except for §§ 200.305, 200.306, 200.307, 200.308,200.311 of 2 CFR Part 200 as detailed below: 1) "Payment" is modified for lump sum drawdown for financing of property rehabilitation activities, in accordance with 24 CFR§570.513. 2) "Program Income" is governed by 24 CFR§ 570.504 3) "Real.Property"does not apply, except as provided in 570.200(j). Real property is governed by 24 CFR§ 570.505. 4) "Equipment"CDBG Sub-Recipients shall follow Section 2 CFR§200.313, except that when the equipment is sold, the proceeds shall be program income. 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. 5) Section 2 CFR§200.334"Retention requirements for records"applies except that: For Sub-Recipients: i. The retention period for individual CDBG activities shall be the longer of five (5) years after the expiration or termination of the Sub-Recipient agreement under 24 CFR§570.503, or five(5)years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR §91.520 of this title, in which the specific activity is reported on for the final time; 6 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 ii. Records for individual activities subject to the reversion of assets provisions at 24 CFR § 570.503(b)(7) or change of use provisions at 24 CFR § 570.505 must be maintained for as long as those provisions continue to apply to the activity;and iii. Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied. 6) Section 2 CFR§200.344"Closeout" City will close-out the Federal award when it determines that all applicable administrative actions and all required work of the Federal award have been completed by the Sub-Recipient. The following actions must take place to complete this process at the end of the Term. i. The Sub-Recipient must submit, no later than 90 calendar days after the end date of the Term, all financial, accomplishment, performance, and other reports as required by the terms and conditions of this Agreement. City may approve extensions when requested by the Sub-Recipient. ii. Unless City authorizes an extension, Sub-Recipient must liquidate all obligations incurred under this Agreement no later than 120 calendar days after the end date of the Term as specified in the terms and conditions of this Agreement. iii. City must make prompt payments to the Sub-Recipient for allowable reimbursable costs under this Agreement, meeting the requirements of Subpart E(2 CFR§§200.400—200.476)prior to being closeout. iv. Sub-Recipient must promptly refund any balances of unobligated cash that City paid in advance or paid and that are not authorized to be retained by the Sub-Recipient for use in other projects.See OMB Circular A-129 and see 2 CFR § 200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts. v. Consistent with the terms and conditions of the Agreement, City must make a settlement for any upward or downward adjustments to the Federal share of costs after closeout reports are received. vi. Sub-Recipient must account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 CFR§§ 200.310 Insurance coverage through 200.316 • Property Trust Relationship and 200.329 Reporting on Real Property. vii. City should complete all closeout actions for Federal awards no later than one year after receipt and acceptance of all required final reports. Section 18. Sponsorships: The Sub-Recipient agrees that 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 Sub-Recipient for, on behalf of, and/or about the Project, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" 7 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 In written materials,the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Sub-Recipient. Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in accordance with 24 CFR§§570.502,570.503(b)(2)and 570.506 to determine compliance with the requirements of this Agreement,the CDBG program,and all other applicable laws and regulations.This documentation shall include, but not be limited to, the following: a. Books, records, and documents in accordance with generally accepted accounting. principles, procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement; b. Time sheets for split-funded employees,which work on more than one activity, in order to record the CDBG activity delivery cost by program and the non-CDBG related charges; and 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 Sub-Recipient is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent, and secured location for a period of five (5) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5)year period, the records will be maintained until all litigation, claims, or audit findings involving these records are resolved.The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 20. Audits and Inspections: a. At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Sub-Recipient shall make available all records, documentation, and any other data relating to all matters covered by the Agreement, for review, inspection or audit. In compliance with 2 CFR Part 200, Subpart F-Audit Requirements, if Sub-Recipient expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards,the Sub-Recipient must have a single or program-specific audit conducted for that year in accordance with the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. 8 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 UUUUJIgn Cflveiupe ILL UZI f Oat,1-004l.-44CW-0HDJ-D IOJ IHlA4U04 b. Inspector General Audit Rights 1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which.may, on a random basis, perform reviews, audits, inspections, and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and proposed City programs, accounts, records, contracts, and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses, and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget, and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect, and review operations,activities, performance,and procurement process including, but not limited to, project design, bid specifications, (bid/proposal) submittals, and activities of the Sub-Recipient, its officers, agents, and employees, lobbyists, City staff, and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3) Upon ten (10) days written notice.to the Sub-Recipient, the Sub-Recipient shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect, and review operations activities, performance, and procurement process including, but not limited to, project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient, its officers, agents, and employees, lobbyists, City staff, and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4) The Inspector General shall have the right to inspect and copy all documents and records in the Sub-Recipient's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to, original estimate files, change order estimate files, worksheets, proposals, and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade, or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 5) The Sub-Recipient shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Sub-Recipient shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and 9 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 uocu ign tnvelope lu:ULI/331,/-DOLL.-•wC -oNao-o boo/nl.o4aDG ii. The Sub-Recipient shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 6) The provisions in this section shall apply to the Sub-Recipient, its officers,agents, employees, subcontractors, and suppliers. The Sub-Recipient shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Sub-Recipient in connection with the performance of this Agreement. 7) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Sub- Recipient or third parties. Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees, and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence, or misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants, employees,contractors, patrons,guests,clients,licensees, invitees,or any persons acting under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement and/or the Project. The Sub-Recipient shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorneys fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. The Sub-Recipient shall not commence any work and/or services 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 commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. The Sub-Recipient shall maintain and carry in full force during the Term of this Agreement, and/or throughout the duration of the Project contemplated herein,whichever is longer,the following insurance: a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of$1,000,000 single limit, subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statutes. c. 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$300,000, subject to adjustment for inflation. d. Physical/Sexual Abuse coverage shall be required when dealing with minors. Limits for such coverage shall be in the amount of$500,000. The City of Miami Beach shall be named as an additional insured under all such insurance contracts. 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 Sub-Recipient and its insurance company. 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 • 10 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 Uocu Sign tnveiope IU:Uzt I:IOW-btSZU 44t`J-o i-tf'I us(AGb4yb1 Manager. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager,Third Floor City Hall. The City shall have the right to obtain from the Sub-Recipient specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. Compliance with the foregoing requirements shall not relieve the Sub-Recipient of its obligation to indemnify and hold the City harmless, as required in this section. Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant (CDBG)funded activities has any personal financial interests, direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub- Recipient covenants that it will comply with all provisions of 24 CFR§570.611 "Conflict of Interest",and State, County,and City of Miami Beach statutes, regulations, ordinances,or resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 23. Venue: This Agreement shall be governed by,and construed in accordance with,the laws of the State of Florida,both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court. BY ENTERING INTO THIS AGREEMENT, CITY AND SUB-RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Alba Tarre, Department Director Office of Housing and Community Services Care of: Office of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Sub-Recipient: Miguell Del Campillo, Executive Director The Housing Authority of the City of Miami Beach, Florida 200 Alton Road Miami Beach, FL 33139 In the event that the Sub-Recipient changes the Executive Director during the term of the Agreement, such change must be notified in writing to the City within 15 days of such change. 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$5,000.Sub-Recipient hereby expresses its willingness to enter into this Agreement with Sub-Recipient's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$5,000. 11 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 uocusign tnveiope lu:uLt(s31./-00Llr-44=-oADs-o I001 AL•C4.7VL Accordingly,Sub-Recipient hereby agrees that the City shall not be liable to Sub-Recipient for damages in an amount in excess of$5,000,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. Section 26. Florida Public Records Law: a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119,Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), Florida Statutes, which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701, Florida Statutes, if the Sub-Recipient meets the definition of"Contractor"as defined in Section 119.0701(1)(a),the Sub-Recipient shall: 1) Keep and maintain public records required by the City to perform the service; 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement, if the Sub-Recipient does not transfer the records to the City; 4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Sub-Recipient or keep and maintain public records required by the City to perform the service. If the Sub-Recipient transfers all public records to the City upon completion of the Agreement, the Sub-Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the Agreement, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. d. Request for Records; Noncompliance 1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Sub-Recipient of the request, and the Sub-Recipient must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2) Sub-Recipient's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (i)unilaterally 12 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 UUUUOIIYII CI IVCIUpC ILf.ULI IJJ I'f-UOLIi-.fYCJ-OADJ-IJ IUJff11rUYJUL terminate the Agreement; (ii) avail itself of the remedies set forth under the Agreement;and/or(iii)avail itself of any available remedies at law or in equity. 3) A Sub-Recipient who fails to provide the public records to the City within a reasonable time may be subject to penalties under§ 119.10, Florida Statutes. e. Civil Action 1) If a civil action is filed against a Sub-Recipient to compel production of public records relating to the City's contract for services,the court shall assess and award against the Sub-Recipient the reasonable costs of enforcement, including reasonable attorneys'fees, if: i. The court determines that the Sub-Recipient unlawfully refused to comply with the public records request within a reasonable time;and ii. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Sub- Recipient has not complied with the request, to the City and to the Sub- Recipient. 2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of public records and to the Sub-Recipient at the Sub-Recipient's address listed on its contract with the City or to the Sub-Recipient's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed,or certified mail,with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. 3) A Sub-Recipient who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMMIAMIBEACHFLGOV PHONE: 305-673-7411 Section 27. E-Verify 27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Sub-Recipient shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Sub-Recipient 13 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 DocuSign Envelope ID:027733C7-682C-44E9-8AB3-B1837AC64962 shall expressly require any approved subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of • Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Sub-Recipient enters into a contract with an approved subcontractor, the subcontractor must provide the Sub-Recipient with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Sub-Recipient shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 27.2 Termination Rights. a. If the City has a good faith belief that Sub-Recipient has knowingly violated Section 448.09(1), Florida Statutes,the City shall terminate this Agreement with Sub-Recipient for cause, and City shall thereafter have or owe no further obligation or liability to Sub-Recipient. b. If the City has a good faith belief that a subcontractor has knowingly violated Section 27.1 of this Agreement, but the Sub-Recipient otherwise complied with such section, the City will promptly notify the Sub-Recipient and order the Sub- Recipient to immediately terminate the agreement with the subcontractor. Sub- Recipient's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Sub-Recipient's Agreement for cause. c. A contract terminated under the foregoing Subparagraphs (a) or (b) is not in breach of contract and may not be considered as such. d. The City or Sub-Recipient or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (a)or(b)no later than 20 calendar days after the date on which the contract was terminated. e. If the City terminates the Agreement with Sub-Recipient under the foregoing Subparagraph (a), Sub-Recipient may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. Sub-Recipient is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors,and assigns. [SIGNATURES TO FOLLOW] • 14 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 DocuSign Envelope IU:UZII JU(-bo 44t S-23Atsa-ts itsoirat.o4aoe IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. THE USING AUTHORITY OF THE CITY OF MIAMI BEACH, RSA a Flo 'da blic housing authority \1 ATTEST: d/ Secretary Signature /6-li .// Zz (.._' P/G Le; Miguel)Del Campillo, Executive Director Print Name Print Name and Title W02'2/ 0 Date CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation ATTEST: [DocuSigned by: Kamm arttlA.40 FAB8BAOBFB5E4CF... Signature (nature Rafael E. Granado, City Clerk Alina T. Hudak, City Manager Print Name Print Name 4/29/2022 14:43 PM EDT Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 15 Aga*tr. 041.0122. City Attorrey ( ,T Dote DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 EXHIBIT"A" "SCOPE OF SERVICES" Statement of Work: In compliance with 24 CFR§570.503(b)(1), Sub-Recipient agrees to provide the following: Sub-Recipient Name: The Housing Authority of the City of Miami Beach, Florida Federal Award 59-0603186 Identification: DUNS Number: 072247349 Federal Award: FY 2021 CDBG Funds Subaward Period of Contract Execution—January 31, 2025 Performance: Budget: $644,496.00—as detailed in Exhibit C-Budget Federal Awarding U.S. Department of Housing and Urban Development(HUD) Agency: Pass-through Entity: City of Miami Beach — Office of Housing and Community Development, a Division of the Office of Housing and Community Services. Reports Due: Progress Reports: Due Quarterly within ten (10)days following the end of each quarter: • October, November, December—DUE January 10th • January, February, March—DUE April 10th • April, May, June—DUE July 10th • July,August, September—DUE October 10th Budget Amendment June 30,2022 Deadline Expenditure Deadline At least sixty(60)percent of allotted grant funds must be expended by June 30, 2022 as demonstrated by the total value of reimbursements processed. National Objective Low-to moderate-income Housing Project: The Egret—Land Acquisition Project Location: 8127 Crespi Blvd., Miami Beach, FL 33141 Total number of dwelling units that will be occupied by low- All units will be occupied by low-and moderate-income households and moderate-income household Service: The CDBG funding will be used for land acquisition for The Egret, a new construction housing development with up to 12-units for low-to moderate- income households. All of the units shall be rented to households (person or persons)with incomes at or below 80%of the Area Median Income(AM I). Project Timeline/ October 2021 —March 2022 Site identification and due diligence Deliverables March 2022 Environmental review March 2022 Closing of acquisition transaction April 2022 Release of Reimbursement of closing funds not to exceed the total Project Funds March 2022 Issue RFP for architectural/engineering services March—May 2022 Secure Project construction funding 16 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 UUUUJl TI CIIVCIUpe lU.UL//JJI,/-UOLI,-YYC TOMOJ-o 100/MI,0Y.7UL June—October 2022 Design and permitting August—October 2023 Construction bidding process October 2023 Building permit issued November 2023 Construction commences December 2024 Construction completed January 2025 Occupancy commences February 2025 100% occupancy achieved • Requirements/Definitions: 1. Davis-Bacon Act Compliance The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000 for the construction, alteration, or repair (including painting and decorating)of public buildings or public works.Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. Affordable housing rehabilitation projects of eight(8)or more units using CDBG funds must ensure Davis-Bacon Act compliance. 2. Certified Payroll Certified payrolls shall be submitted weekly for each week in which any contract work is performed in compliance with Federal Labor Standard Provisions. 3. Section 3 Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or other public construction, requires compliance with Section 3 of the HUD Act of 1968. 4. Environmental Review Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF)and environmental certification requirements (24 CFR sections 58.1,58.22, 58.34, 58.35 and 570.604). No Project Funds will be advanced, and no costs can be incurred, until the City has conducted an Environmental Review of the proposed Project site as required per 24 CFR§ 58. 5. Compliance with National Objective The Sub-Recipient must maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives: (1) benefit low/moderate income persons, (2)aid in the prevention or elimination of slums or blight, or (3) meet community development needs having a particular urgency, as defined in 24 CFR § 570.208, specific documentation of which shall be maintained in the Project file. 6. Income Verification Sub-Recipient will ensure and maintain evidence that activities assisted with CDBG Funds comply with the primary National Objective, "Benefit to 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 HUD income limits. Sub-Recipients are responsible for using the most current income limits. Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the responsibility of the Sub-Recipient to become familiar with this tool. 17 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 7. Budget Amendments The goal should be to limit the use of Budget Amendments.Budget Amendments require prior written approval by the City Manager. To request a Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. Budget amendments that deviate from the original scope will be rejected and the funds in question may be subject to recapture at the sole discretion of the City Manager. 8. Contractor File Review File Review The following documentation must be included in the Sub-Recipient's file for those contractors providing services under this Agreement. • Evidence of Credentials/Licenses • Evidence of Experience • Evidence of Procurement • Evidence of appropriate insurance 9. Evaluation In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub- Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Financial Reports • Accuracy and timeliness of Progress Reports • Adherence to Project timelines and Technical Assistance and Sub-Recipient Instructions • Fulfillment of prescribed outcomes 10. Monitoring&Performance Reviews City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance.Monitoring visits will commence within 120 days of the Agreement's execution date.City will notify Sub-Recipient a minimum of three(3)business days prior to a monitoring visit. 11. Compliance with Local Rules, Regulations, Ordinances and Laws The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active business license) in addition to those specified in the body of the Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due the City prior to Agreement execution 12. Rent Roll Submissions Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within thirty(30)days of meeting the National Objective and every year thereafter for a minimum of fifty (50) years in adherence with the affordability period required in connection with the use of these Project Funds. For completed projects, certified tenant rolls must be submitted annually by November 1st. 13. Affordable Rents Criteria To ensure the housing is affordable to low-and moderate-income persons, all CDBG-assisted rental units (12 units) must have rents that are the lesser of the Section 8 Fair Market Rents periodically established by HUD for the Section 8 rental assistance program for existing housing, or rents which are 30%of adjusted income for households at 50%of area median income minus tenant paid utilities. The Subrecipient shall ensure that all of the units in the Project continue to be used to provide housing 18 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 VVLUJIYII LI IYGIVIJG IU.VLI I JJtJI-VVLI..r r L.7-V/9L1J-LI IVJf I W_PW?JVL for low-and moderate-income persons at affordable rents.The affordability period for the Project will be thirty (30) years from the date of issuance of a Final Certificate of Occupancy for the Project ("Affordability Period"). 14. Restrictive Covenant The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will ensure the assisted units remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the appropriate term described in the previous paragraph.The period of affordability for this Project is thirty (30)years regardless of repayment of loan and/or transfer or sale of the Project Property or any portion thereof. 15. Reuortinq Requirements Progress Report—The Sub-Recipient is required to submit a Project Progress Report via Neighborly software, as indicated in the Scope of Services. Even if no clients are served during any particular quarter and/or no grant funds have been expended, the subrecipient is still required to complete and submit the Quarterly Progress Report,explaining any issues and/or challenges related to the program Reports are divided into two sections: • Part 9 - Accomplishments — The report will detail the demographics of the Project beneficiaries regardless of the service being provided. In order to avoid duplication, beneficiaries are only to be reported once after the first time a service is provided. Sub • - Recipient is to report only the new clients(people) benefiting from the Project in each report with the Accomplishment Report matching race, income and other information requested. • Part 2— Narrative and Supporting Documentation - The report summarizes the progress made during the reporting period, including photos and Units of Service completed. The report should detail accomplishments compared to the annualized goals set for the activity or program. • Financial Report—Funding provided under this Agreement is available on a reimbursable basis. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget. Draws shall be submitted via Neighborly Software no more frequently than once a month. The report delineates Project expenses incurred and must include the corresponding evidence of expenses incurred for any Project related expense which is being submitted for reimbursement as detailed in Exhibit"B"Documentation.Exhibit"E"shall be completed for each draw request and included uploaded to Neighborly Software along with all back-up documentation. City is only to reimburse expenses related to the provision of services related to this Agreement. Reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed including draw number and submittal date • Necessary back-up materials are included (as stated in Exhibit"B" Documentation.) • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory 16. Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty(60)days from the incurrence of the expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. 17. Procurement Records All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part 200 Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD rules to ensure compliance. 19 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 Sub-Recipient must retain and include the following rationale and documents supporting any acquisition of goods and services that are being charged to this Project in compliance with 2 CFR Part 200 Subpart D, Procurement Standards: • Rationale for the method of procurement; • Selection of contract type; • Contractor selection or rejection; and • Basis for the contract price. 18. Professional Services Contracts No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written Agreements between the Sub-Recipient and the respective Vendor.Contracts must,at a minimum, specify the cost,timeline and scope of service.A copy of all professional service contracts must be submitted to the City prior to reimbursement request. 19. Training Requirements Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress, Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting Training and places the attendance certificate in the Project's file for inspection by HCD during its monitoring visit. 20. Proof of Insurance Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be dispersed prior to submission of required insurance coverage. 20 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 EXHIBIT"B" "Documentation" The Sub-Recipient agrees to provide the following documents as part of its reporting requirements: To Document Insurance Coverage: • Copy of insurance policy or binder(with proof of payment)with limits and scope of coverage To Document Procurement: Sub-recipient will maintain records to detail the significant history of procurement and compliance with 2 CFR Part 200 Subpart D, Procurement Standards.These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type,contractor selection or rejection, and the basis for the contract price. To Document Expenses Incurred: • Sales contract • Settlement Statement • Warranty Deed • Any other documents requested by the City To Document Fiscal Leverage: • Project proformas(for capital projects only) To Document Lease-up of Affordable Housing: • Rent rolls 21 DocuSign.Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 DocuSign Envelope ID:027733e/-tibZC 44ta-tsHtss-es Ibi//-Lo'+aoz EXHIBIT"C" "Budget" The attached budget reflects the scope of expenses that may be incurred through this Agreement. MIAMI.DEACH roeGFY2021 Proj ect Budget Sub-Recipient Housng Authorityof the Otyof Marti Eeadr Project The Egret-Lend Acquieitian rPIeeam,h t asi news that•r,it be reintrsred by the Gtyof Marta Beach. Line[tern Quantity UritCost Line Total Personnel(Employees Only)-List Position Title Personnel Expenses-CategoryTctals S - Operating Expenses-Category Totals - Operating Expenses-Category Totals S Capita4Egtripment Costs Ca pitalrEgtriprnent Costs-Category Totals - Professional Services Professional Services-Category Totals S - Other Costs Land Aaquiston S 644,498 O7 Other Costs-Category Totals S 844.493,00 ProiectTotal-AllCategories 5 e44,4 eco 22 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 EXHIBIT"D" "Financial Management" To comply with Federal regulations,each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity(including any budget revisions),amount obligated(i.e.,for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries-Should be supported by proper documentation in personnel files of hire date,position,duties, compensation, and raises with effective date, termination date, and similar type information. Non- exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. 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.) • Employee Benefits-Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services-Should be supported by a complete and signed copy of the contract between the Sub-Recipient and the independent contractor, describing at the minimum, period of service,type of service and method for payments, in addition to the invoice from the private contractor. • Purchases - At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five (5) 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. Financial records are to be retained for a period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their representative. Audits Sub-Recipient shall adhere to the following audit requirements: 1. Audits for Federal Awards in excess of$750,000 in a fiscal year. If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and 2 CFR § 200.501. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the provisions of this Agreement. 23 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards;a summary schedule of prior audit findings;the auditor's report and the corrective action plan. The auditor's report shall include: • An opinion(or disclaimer of opinion)as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion(or disclaimer of opinion)as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. • A report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. • A report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion(or disclaimer of opinion)as to whether the Sub-Recipient complied with the laws,regulations,and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. • A schedule of findings and questioned cost which shall include the requirements of 2 CFR § 200.501. 2. Audits for Federal Awards under$750,000 in a fiscal year. If the Sub-Recipient expends less than$750,000 in the fiscal year in Federal awards it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the Sub-Recipient to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 24 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 LJUI..UJ1911 LI IVWIW G 11J.ULr I UO'.Jt4-PLVTLJ-Ur'uJJ-L+IU...11 uUL �II EXHIBIT"E" "Report Forms" REIMBURSEMENT SUMMARY MI 1 I A! V l I EACH Monthly Financial Report Sub-Recipient Housing Authority of the City of Miami Beach Project Rebecca Towers North-Emergency Generator E nhancements Funding Source: CDBG FY 2021 Funding Fiscal Year 2021/22 Reporting Period: Date of Reimbursement Request Drawl' • Reimbursement Summary Expense Category Grant Award Previous Available This Request • Requests Balance Personnel Expenses $ - $ - $ - $ - Operating Expenses S - S - • $ - S - CapitauEquipmentExpenses S - $ - S - $ - Professional Services Expenses S - S - $ - $ - Other Expenses S 644,496.00 $ - S 644,496.00 $ - TotaI Reimbursement Request $ 644,496.00 $ - $ 644,496.00 $ - Sub-Recipient Certification In accordance with the contract between the City and the Sub-Recipient The parties acknowledge that the Funds originate from HUD.and must be implemented in full compliance with all of HUD's rules and regulations. • In accordance with the contract between the City and the Sub-Recipient The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration and to cany out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local(City and County)laws and c r nances hereto applicable. In accordance with the contract between the City and the Sub-Recipient,the Sub Recipient wdl ensure and maintain evidence that activities assisted with HUD funds from the City comply with the stated National Objective. Signature of Preparing Party Signature of Authorizing Party Name Name Date Date Pagelot2 • 25 DocuSign Envelope ID:F60683DF-4218-4187-A75C-BC0A414F2653 Reimbursement Detail Personnel Expenses L? •,''t r1 ,... G . Q_V: rt. U 1%. .,ir.ft;.,. Z1, S S S S - S - S Operating Expenses �7� 5 .. =aF.:, ` ''a .- S S S . S - a MI@ 3 f:451G` i CapitaUEquipment Expenses S - S - S S 'CCiu-'tC %aka i' 41 `) I Professional Services Expenses S - S - S - S - S F' B c 1�lrt}$Q r'te'a:�`4 o I Other Expenses Oigfj.1-0M- Vag S . S - S - S . Page 1 of 2 26 0 Cor0 0c EXHIBIT"F" v. a "Monitoring Tool" rrrn a< Community Development Block Grant(CDBG) City of Miami Beach Monitoring Checklist Office of Housing&Community Services "o C•• Recipient Profile 00 Agency Name o Agency Address A Project Address cc ce Agency Telephone I [Agency Web Address I A co IT v Contract Profile «' Contract Effective Date Contract Expiration Date G 0 CDBG Award Total Project Cost a 0 4 A Fund Category U Housing Ll Caput Imaovements TI Boonorr=Development x.A ❑Homeless El Rehab&Preservaban 0 Other Other Project Funding Sources: a r U Public Services n CO ❑Youth Services 0 Childcare Services ❑SenionElder Services ❑Health Services ❑Homeless Services ❑Employment Training ❑Other National Objective U Objective A U Objective B Lj Objective C Pr*rcipaltf benefits tow and Ands in the prevention or Ctuatd`tes as a certified moderate income persons ekmina5on of dams or thine urgent need If Objective A: U U U U Area Benefit Limited Clientele Income Eligible Job Creation or Activity Activity Houtino Activity RPtAntion Activity Project Summary 27 Community Development Block Grant Site Monitoring Tool 0 0 For Projects Addressing National Objective A Is there sufficient evidence documenting service to low and moderate income persons? n Yes n No 0 Comments in support of above: m 0) 0 rn 0) w 0 m N_ W A_ co v cn C) CO 0 D -n Documentation Reviewed m n Client Files r Client Sign-In Sheets/Logs EJ Other [� Other W For Construction Projects Did recipient set up an environmental file? III Yes © No Did recipient conduct the correct level of environmental review? D Yes © No Does the environmental file contain the following: Date of Completion Ei Yes a.An environmental assessment? b. Published Notice of Finding of No Significant Impact? ❑ No c. Published Notice of Intent to Request Release of Funds? d. Request for Release of Funds? e. IDED Release of Funds Letter? f. State Historical Society Clearance Letter? Did recipient adequately respond to any comments made on the environmental assessment? n Yes n No N/A Was the 8-step process followed for any part of the project carried out in the 100-year flood plain? n Yes n No When was the construction contract signed? Comments on above: 28 Community Development Block Grant Site Monitoring Tool • Co oo c c c cc0 Financial Management R M Does the recipient maintain an adequate financial management system? n Yes n No <o a. Is the system in compliance with all requirements outlined in the CDBG Management Guide? •• .;Q..Yes 0 Na 0 o b.Are local effort funds incorporated into budget and accounting records? Yes No "m c.Are expenditures made according to the CDBG/local effort ratio shown in the contract? 'El Yes El No- c o 4 d. Does the recipient disburse funds within 10 working days of receipt? 0Yes ❑' No ca Document above responses by spot-checking financial transactions and recording in chart on page 4. I Does the recipient provide for adequate internal control and segregation of duties? ❑ Yes El No d zCh 63 Was program income received? Ei Yes F No n N/A Cl o r as 4 A If land was part of the local effort, how was the value of the land determined? c N If force account labor is being used,do time sheets document time allocated to the CDBG program? No N/A 7 C4 Yes n Re all CDBG records being maintained in compliance with OMB Circular A-102,Attachment C? n Yes n No n • Comments on above: 29 Community Development Block Grant Site Monitoring Tool ,o ,o n ,fn u3 Payments System Check im Draw Payee/Contractor Invoice Invoice Approval Payment Check Funds Breakdown I a) Received Date Amount Date Date Number Local CDBG i q (T ,T .O ,W (N (co • •co (•J W O • (> (m CO co, • • Comments on above: 30 Community Development Block Grant Site Monitoring Tool 0 0 0 c 0, Procurement ' rn Does the recipient have the written procurement procedures? E. Yes 0 No Does the recipient have a written code of conduct? Yes ❑ No .13 Did the recipient use the small purchase method of procurement for services, supplies 0 Yes D No 0 and other property costing in the aggregate no more than$100,000? If so,were price or rate quotations obtained from a number of qualified sources? 0 Yes No 0 Did the recipient solicit proposals for administrative services(or other professional services)? —1 Yes 0 No ] N/A a.Were an adequate number of proposals solicited through a Request for Proposals? 0 Yes 0 No b. How was the RFP publicized? 0 Yes n No 00 c. Were proposals evaluated on established criteria? 0 -Yes l No D Did the recipient solicit qualifications for engineering/architectural services? [ j Yes 0No N/A o a. Were an adequate number of qualifications solicited through a Request for Qualifications? � Y• es 0'No [ 0 b. How was the RFQ publicized? n Y• es n No c. Were qualifications evaluated on established criteria(not including cost)? Yes n No .. d. Did the recipient negotiate fair and reasonable compensation with selected engineer/architect? n YesFl•No W Did the recipient use competitive sealed bids? n Yes n No a N/A a.Were an adequate number of bids solicited? n Y• es n,„No' : b. How was the opportunity to bid publicized? Y• es No • - PP Y P � n (�: c.Were contracts awarded to the lowest responsible bidders? n Yes n.No,' d.Are there bid tabulation sheets for each procurement? n Yes n. No Did recipient receive IDED approval for any sole source procurement? n Yes n No n N/A What actions has the recipient taken to solicit participation from minority-and women- Explain in comment box. owned businesses in the CDBG program? Comments on above: 31 Community Development Block Grant Site Monitoring Tool • a 0 C) c rn D • m 0 c Contract Management(Administration) o Did the recipient contract for administrative services? M Yes . No `) v a.With whom is the contract for administrative services? m Cn b.What is the executed date of the contract for administrative services? p CO c.What is the contract maximum or"not to exceed"amount? o Does the contract include all required language? ❑ Yes ❑ No N a.Allowing access to pertinent records by recipient and appropriate government agencies? ❑ Yes ❑ No � b. Providing for maintenance of records for five years after project close-out? ❑ Yes ,❑ No co c.Title VI of the Civil Rights Act of 1964? ❑ Yes ❑ No d.Title VIII of the Civil Rights Act of 1968?(housing) ❑ Yes ❑ No o e. Executive Order 11063? (housing) Yes ❑ No a f. Section 109 of the Housing and Community Development Act of 1974(if f,then not g orh) ❑ Yes ❑ No g.Age Discrimination Act of 1975? ❑ Yes ❑ No N h. Section 504 of the Rehabilitation Act of 1978? ❑ Yes _ ❑ No w i. Section 3 of the Housing& Urban Development Act of 1968? 0 Yes ❑ No. j. Executive Order 11246(if contract is greater than$10,000)? ❑ Yes '❑ No; .; k.Americans with Disabilities Act? ❑ Yes ❑ No _ I. Termination clauses? ❑ Yes ❑ No Are the terms of the contract appropriate(not"percentage of cost"or"cost plus a percentage of cost")? I I Yes U No a. Does the contract specify an hourly rate? LI Yes 0 No b. Does the contract provide for optional services at additional costs(hourly, lump sum or actual)? 0 Yes 0 No Comments on above: 32 Community Development Block Grant Site Monitoring Tool 0 O C] c cD m c Contract Management (Architectural/Engineering) O Did the recipient contract for the architectural/engineering services? Yes • No `° a.With whom is the contract for the architectural/engineering services? m b.What is the executed date of the contract for architectural/engineering services? p c.What is the contract maximum or"not to exceed"amount? ,o Does the contract include all required language? ❑ Yes ❑ No 'm a.Allowing access to pertinent records by recipient and appropriate government agencies? ❑ Yes ❑ 'No .— :9. b. Providing for maintenance of records for five years after project close-out? ❑ Yes ❑' No •co c.Title VI of the Civil Rights Act of 1964? ❑ Yes ❑'No d.Title VIII of the Civil Rights Act of 1968?(housing) ❑ Yes ❑ No !0 03 e. Executive Order 11063? (housing) ❑ Yes ❑ No. 0 f. Section 109 of the Housing and Community Development Act of 1974(if f,then not g or h) Yes ❑ ;No :› g.Age Discrimination Act of 1975? ❑ Yes ❑ Noy N h. Section 504 of the Rehabilitation Act of 1978? ❑ Yes ❑ No ,•w i. Section 3 of the Housing& Urban Development Act of 1968? ❑ Yes ❑ Not j. Executive Order 11246(if contract is greater than$10,000)? ❑ Yes ❑ No - :, • k. Americans with Disabilities Act? ❑ Yes ❑. No . • I. Termination clauses? ❑ Yes •❑ 'N6 Are the terms of the contract appropriate(not"percentage of cost"or"cost plus a percentage of cost")? U Yes LJ No a. Does the contract specify an hourly rate? ❑ Yes ❑ :No b. Does the contract provide for optional services at additional costs(hourly, lump sum or actual)? ❑ Yes ❑ No Comments on above: 33 Community Development Block Grant Site Monitoring Tool 0 0 0 C . Cn ._ m Contract Management(Other Professional Services) 0 0 Did the recipient contract for any other professional services? Yes • No CD a.With whom is the contract for professional services? b.What is the executed date of the contract for professional services? o oo c.What is the contract maximum or"not to exceed"amount? o Does the contract include all required language? ❑ Yes T ❑ No N a.Allowing access to pertinent records by recipient and appropriate government agencies? ❑ Yes ❑ No 93 b. Providing for maintenance of records for five years after project close-out? ❑ Yes ❑ No 0 c.Title VI of the Civil Rights Act of 1964? ❑ Yes ❑ Noi. d.Title VIII of the Civil Rights Act of 1968?(housing) ❑ Yes ❑ No 0 e. Executive Order 11063?(housing) ❑ Yes ❑. No 0 f. Section 109 of the Housing and Community Development Act of 1974(if f, then not g orh) ❑ Yes ❑ No g.Age Discrimination Act of 1975? ❑ Yes ❑ No N h.Section 504 of the Rehabilitation Act of 1978? ❑ Yes ❑ No w i. Section 3 of the Housing&Urban Development Act of 1968? ❑ Yes *❑ No' j. Executive Order 11246(if contract is greater than$10,000)? ❑ Yes ❑:,:No" k.Americans with Disabilities Act? ❑ Yes ❑:'110. . I. Termination clauses? 0 Yes ❑ No. Are the terms of the contract appropriate(not"percentage of cost"or"cost plus a percentage of cost")? I I Yes U No a. Does the contract specify an hourly rate? ❑ Yes El .No b. Does the contract provide for optional services at additional costs(hourly, lump sum or actual)? 0 Yes ❑ No Comments on above: 34 Community Development Block Grant Site Monitoring Tool 0 0 .0 ;0 Contract Management(Construction) `' With whom is the construction contract? a. What is the executed date of the contract? ;0 b.What is the contract amount? ,q Does the contract include all required language? [I] Yes n N• o I s) a.Allowing access to pertinent records by recipient and appropriate government agencies? ri Y• es n No •;o b. Providing for maintenance of records for five years after project close-out? ❑ Yes 0 No ;-n c.Title VI of the Civil Rights Act of 1964? ❑ Yes l No d.Title VIII of the Civil Rights Act of 1968?(housing) fl Yes ❑ No i g e. Executive Order 11063?(housing) [-[ Yes fl No f. Section 109 of the Housing and Community Development Act of 1974?(if f, then g or h) fl Yes fl No i� g.Age Discrimination Act of 1975? [] Y• es fl N• o ,d, h. Section 504 of the Rehabilitation Act of 1978? l Yes fl No l A i. Section 3 of the Housing and Urban Development Act of 1968? f] Y• es fl No i j. Executive Order 11246(if contract is greater than$10,000)? n Y• es n No 1 0, k.Americans with Disabilities Act? fl Y• es fl No I. Copeland Anti-kickback Act?(contracts greater than$2,000) ri Y• es fl ;No. m. Davis-Bacon Act?(contracts greater than$2,000) n Yes [![-:NO n. Contract Work Hours and Safety Standard Act?(contracts greater than$2,000) fl Y• es Ft No' o.Section 306 of the Clean Air Act?(contracts greater than $100,000) fl Y• es n, ,No p. Section 508 of the Clean Water Act?(contracts greater than$100,000) n Yes f N• o q. Executive Order 11738?Contracts greater than$100,000) fl Yes fl No r. EPA Regulation 40 CFR Part 15?(contracts greater than$100,000) fl Y• es n N• o s.Termination clauses? n Yes f No Does the contract include the appropriate wage rate determination? p[ Y• es [] No Has the recipient verified the eligibility of all contractors and subcontractors with IDED? [7 Y• es [-] N• o Do recipient construction records include the following(in compliance with CDBG limits): n Yes fl No a. Bid guarantees? n Yes 1. No b. Performance bonds? n Yes n No c. Payment bonds? []. Yes [] No Comments on above: 35 Community Development Block Grant Site Monitoring Tool Co aC) = U V) (c Civil Rights (including Section 3, EEO, Fair Housing & MBE/WBE) Is the recipient maintaining beneficiary demographic data? Yes No a_c?, Is the recipient maintaining Section 3 records in order to prepare and submit the 1 1 Yes ❑ No E o Opportunities for Low Income Persons with Assisted Projects Form at program completion? ^0 a. Have program contractors hired local, low income persons to work specifically ❑ Yes ❑ No N.)on program activities? c 93 b. How has the recipient made contractors aware of Section 3? 1; Does the recipient have a current Equal Employment Opportunity Policy? U Yes L-1 No a a.When was the EEO Policy adopted? Q b. Does the policy prohibit discrimination on the basis of race, sex, color, national origin, age, ❑ Yes El No aco religion, disability, and familial status? <^A c. How was the policy made public? C T d.Who is the local official responsible for EEO policy? o w e. How does the recipient advertise job vacancies? A f. Do job advertisements contain equal employment opportunity language? Does the recipient have 15 or more employees? I 1 Yes I No a. If so, does the recipient have a current workforce analysis? ❑ Yes 0 No-i. • b. Does the recipient have an affirmative action plan? ❑r_i Yes ❑ No c. Is the recipient meeting affirmative action goals? ❑ Yes 0 .No d. If any employment discrimination complaints were filed against the recipient, ❑ Yes ❑ No El N/A have they been satisfactorily resolved? What actions has the recipient taken to affirmatively further fair housing? Comments on above: 36 Community Development Block Grant Site Monitoring Tool C o ca C C c • C v? Labor Standards (if applicable) r- rm Who is the recipient's Labor Standards Compliance Officer? Does the recipient have a labor standards enforcement file for each construction activity? Have contractor payrolls been submitted weekly? q Has the Labor Standards Compliance Officer reviewed and accepted all payrolls? o :rn `2 Contractor/Subcontractor Payroll Number Date of Payroll Comments 4±t r ry cD l0, °i C cn CW Did the recipient interview construction employees to ensure contractors were paying appropriate n Yes n No c.A wages? c a. Were employee interviews cross-referenced with the applicable weekly 0 Yes 0 No 8,5 payroll? • b.Are fringe benefits being paid according to the wage rate determination and I compliance with ❑ Yes 0• No labor standards? . c. Is overtime computer on the basic hourly rate shown on the wage rate determination? 0 Yes a• No'"' Describe any wage discrepancies and/or any violations of labor standards and how they were resolved? If any contractors or subcontractors are using apprentices, does the recipient have on n Yes 0 No file the required Department of Labor authorization documents for each apprentice? Comments on above: 37 Community Development Block Grant Site Monitoring Tool CO 00 cc c CZ Cf? 0,0 Acquisition and Relocation (if applicable) '= Rm If the recipient acquired any real property, including permanent easements,with the intent to use federal ❑ VOLUNTARY n INVOLUNTARY funds to complete the projects,was the real estate transaction �� VOLUNTARY or INVOLUNTARY? E CD (VOLUNTARY) Did the recipient notify seller in writing (1)that the property would not be taken ❑ Yes n No through condemnation and(2)of the recipient's estimate of fair market value? G▪CO uW Co a. Was notification provided prior to the signing of a purchase offer? 0 Yes 0 No CC N cC° b. If not,was the seller allowed to withdraw from the purchase agreement once notified of the fair ❑ Yes ❑ No .b$. au market value? rr D (INVOLUNTARY) Did the recipient advise property owners of their rights under the Uniform Act either by ❑ Yes LI No x w certified return receipt mail or hand delivery? _ a 00 Was the property appraised by a qualified appraiser prior to initiation of negotiation? n Yes [] No G▪A a.When was the appraisal conducted? c b. When was the review appraisal conducted? Q co c.What appraisal method was used? "°J d.Were appraisal standards followed? ❑ Yes n.No If an appraisal was not performed,was property valued at less than$2,500 or did the n Yes n No recipient obtain an approved waiver of appraisal statement from property owners? Did the recipient provide the property owner a written Notice of Just Compensation (written purchase ❑ Yes ❑ No offer)for each acquisition taking into account the value of allowable damages or benefits to any remaining property? Was the written offer equal to the appraised fair market value? - ❑ Yes ❑ No a.Was the summary statement issued with the written offer? n Yes n No Was the written offer greater than the appraised fair market value? ❑ Yes n No a.Was there documentation of an administrative settlement(proof that offer does not exceed the ❑ Yes ❑ No cost of taking property by eminent domain)in the recipient's file? Was the offer negotiated after the offer to purchase was made? n Yes n No Did the recipient exercise its power of eminent domain to acquire the property? n Yes n No Was the purchase payment made prior to the property owner transferring the property to the agency? ❑ Yes n No Comments on above: 38 Community Development Block Grant Site Monitoring Tool Co C n C C c ea Acquisition and Relocation (if applicable) �' r•= Is there a final closing cost summary sheet showing the recipient reimbursed property owner for?: n Yes ❑ No j o c0 -cm a. Recording fees, transfer taxes,title opinions, etc.? n Yes n No E o b. Prepayment penalty on a mortgage? ❑ Yes Li No gi c.The pro rata share of property taxes? 0 Yes n No E. E. d. Litigation expenses? n Yes ❑ N• o -o Was the acquired property vacant? (if not, skip next question) ❑ Yes ❑ No c a. If the vacant structures acquired were determined occupiable to low-and moderate-income No Yes 0 persons, did the recipient follow its adopted Residential Anti- n n co displacement and Relocation Plan? i i. Gn Did the recipient inform the occupant of the basic eligibility requirements and relocation n Yes ❑ No c o6 benefits? 23. a.Was notification hand-delivered or mailed by certified/return receipt mail? ❑ Yes ❑ N• o ,T Did the relocatee receive?: 4" a.A fixed payment for moving expenses? n Yes ❑ No `,w b.Actual moving expenses? a Yes ❑ No c.A housing payment(rental assistance payment of up to$5,250 for 90-day tenants or owner- ❑ Yes ❑ N• o occupants or replacement housing payment of up to$22,500 for 180-day owner occupants)? d.A payment equal to or less than reasonable property relocation costs for actual direct losses of ❑ Yes ❑ No tangible personal property as a result of moving or discontinuing a business or farm operation, or equal to the average annual net earnings not less than$1,000 and not more than$20,000? e.A payment for actual reasonable expenses in searching for a replacement business or farm? n Yes ❑ No f. A re-establishment payment for expenses of re-establishing the business not to ❑ Yes ❑ No exceed$10,000? Comments on above: 39 Community Development Block Grant Site Monitoring Tool v ,s la ((n �Acquisition and Relocation (if applicable) rM Did the recipient determine that the displace was eligible for alternative assistance(under Section n Yes No ;a) 104(d)of the Uniform Act)? � la) a.What was the type of assistance provided? i b.What was the level of assistance? I o If the recipient provides Relocation Assistance Advisory Services, are they adequate? Explain in comment box. <° v If the recipient provided"housing as a last resort,"was it with IDED approval? [i Yes n No `�' If relocation was carried out under a third-party contract, how was it done? Explain in comment box. _ r Comments on above: I v' _�W C� A_ N Uf • 40 Community Development Block Grant Site Monitoring Tool co cc C -CO Property Management (if applicable) "-m If the recipient acquired any equipment(nonexpendable personal property)with an aggregate purchase El Yes ❑ No R cl price of$5,000 or more, did it first receive authorization from z 0 IDED? °o Does the recipient maintain records on equipment purchased with federal funds? n Yes C1 No g o Did the recipient dispose of any equipment acquired with CDBG funds? ❑ Yes ❑ No _ a. If the:fair market value was greater than.$5,000.at the time of disposition (or at the time when 0 Yes Ej No c o recipient transferred'use of equipment to activities.not currently.or previously supported by a ;N federal agency),was IDED'reimbursed an r l' appropriate share? 4 co eD Did the recipient dispose of any real property acquired with CDBG funds? ❑ Yes ❑ No -`� a. If so, did the recipient request and follow disposition instructions from IDED? n Yes n No _ b 63 Comments on above: o A C.P T a m C a) CC O W n 41 Community Development Block Grant Site Monitoring Tool 00 On C C V cD Project Monitoring '' Does recipient maintain documentation in support of National Objectives? ® Yes ❑ Noci `Does recipient maintain Eligible Activities Documentation? Yes 0 No 5 0 Has recipient submitted required, accurate Financial Reports with documentation? n Yes [] No E q Has recipient submitted required, accurate Project Narrative Reports with client information? n Yes n No c o Does recipient maintain copies of all submitted reports? 0Yes No C4 CA, u 0, Does recipient maintain staffing documentation, if appropriate? 0 Yes allo n N/A c o Does recipient maintain Board meeting minutes? 0Yes Li No a Na Does recipient maintain telephone logs/notes, if appropriate? Li Yes [allo 0 N/A p Does recipient maintain copies of correspondence with City? n Yes [— No co Does recipient maintain copies of original application? n Yes n No cro x 6 Does client recipient maintain amendments to application? _ n Yes _ n No n N/A a Ow Comments on above: °c a71 ?N tc a a' nw • 42 Community Development Block Grant Site Monitoring Tool o0 o cc U co rr Recipient File Audit m Does recipient file have original application? n Y• es n No Does recipient file have amendments to applications? [l Yes 0 No [ J N/A 5 o Does recipient file have Notice of Award? ❑ Yes ❑ No E P Does recipient file maintain copies of correspondence between parties? ® Yes [] No c o Does recipient file maintain copies of Articles of Incorporation? _ Yes n No g W Does recipient file maintain Non-Profit Determination? _ Yes ❑ No ,o Does recipient file maintain list of Board of Directors? n Yes n No c Does recipient file have Authorization to Request Funds? ci Yes n No 1 4' Does recipient file identify Authorized Official? n_ Yes n No rr D Does recipient file maintain Organizational Chart? -n Yes n No cn Does recipient file maintain Resume for Chief Administrator and/or Fiscal Officers? n Y• es n N• o a Ea Does recipient file maintain Financial Statement and Audit? n Yes n N• o G A Does recipient file maintain Conflict of Interest Statement? n Yes [J No c; Does recipient file maintain plan for Compliance with National Objectives? n Y• es n N• o a W Does recipient file maintain Lobbying Certification? n Yes n No Does recipient file maintain date of grant? n Y• es n No Does recipient file maintain amount of grant? n Yes n No Does recipient file maintain Statement of Work? n Yes n No Does recipient file maintain Budget by Task/Activity? n Y• es n No Does recipient file maintain Schedule by Task/Activity? n Y• es n No Does recipient file maintain Standard Provisions? n Yes n N• o Does recipient file maintain Special Conditions? n Yes n No n N/A Does recipient file maintain Real Property Inventory n Yes n No n N/A Comments on above: 43 Community Development Block Grant Site Monitoring Tool . CO 00 00 cc (!.co. Documents Review �_ IT M Current Approved Budget 0 Yes Q No 0 N/A 7 CD Authorization Letter w/signatures C7 Yes 0 No 0 N/A a cr Financial Management System (accounting books, software, reporting systems) [] Yes 0 No n N/A Chart of Accounts ❑ Yes ❑ No n N/A o m Financial Status Report(total operating budget, amount expended, obligations) 0 Yes 0 No n N/A 0 Drawdown Request Forms n Yes n No [] N/A o Q.‘ Executed Contracts/Bid Documents 0 Yes _ n No n N/A °:; Board Minutes for Approval of Contracts n Yes 0 No n N/A C. $- Most Recent Audit Report n Yes n No n N/A a a Certification of Insurance Coverage/Bonding n Yes n N• o n N/A a� CDBG Payroll Records El Yes n No n N/A aCD Certified Construction Payroll Records(for Davis-Bacon) n Yes n No n N/A cc A Approved Cost Allocation Plan n Y• es n N• o n N/A a T Relevant Financial Correspondence n Y• es n No n N/A AN Q.al Comments on above: `` 44 Community Development Block Grant - Site Monitoring Tool Co oC C C o rr Additional Comments/Observations CD CP Cm no co c° Cx N g J ccD D01 CC 03 Cw Deficiencies/Need for Remediation ao 41.co CC C)1 6.CJ ti Monitoring Certification Date of Monitoring Notification Date of Monitoring Visit Recipient Staff Participating in Monitoring Visit Deficiencies Found/Need for Recipient Remediation n Yes [] No If Remediation Needed, Date for Compliance Date of Written Correspondence Advising of Remediation and date for Compliance • Date of Monitoring Report's Placement in Recipient File Staff Person Completing Monitoring Signature Date 45 of 45