Amendment No.1 to Home Program Agreement with Miami Beach Community Development Corporation 2c32, z '
AMENDMENT NO. 1
TO
HOME PROGRAM AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH AUG 0 3 2022
AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
This Amendment No. 1 ("Amendment')to the HOME Program Agreement dated February
10,2022, is entered into this_day of 2022 ("Effective Date"), by and between the
City of Miami Beach, and Miami Beach Community Development Corporation, Inc. ("MBCDC").
WITNESSETH:
WHEREAS, on February 18, 1992, the City was designated by the United States
Department of Housing and Urban Development(HUD)as a participating jurisdiction for the receipt
of funds as provided under the HOME Investment Partnerships Program and pursuant to the HOME
Program Final Rule, 24 CFR PART 92, as same may be amended from time to time; and
WHEREAS, the City has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS,the HOME Program requires that at least fifteen percent(15)of HOME funds
must be set aside for specific activities to be undertaken by a Community Housing Development
Organization("CHDO")and up to five percent(5%)of the City's annual allocation can be awarded
for eligible operational costs; and
WHEREAS, in order to qualify for designation as a CHDO, the organization must meet
certain requirements pertaining to their legal status, organizational structure, and capacity and
experience, as defined by 24 CFR §92.2; and
WHEREAS,on April 23,2021,the City certified MBCDC as a CHDO for the FY 21-22 grant
cycle, with an expiration date of April 23, 2022, and approved MBCDC for an award up to five
percent (5%) of the City's annual allocation, in the amount of$30,796.00 for eligible operational
costs; and
WHEREAS,the MBCDC requested to change the allocation for line-items in their budget to
adequately reflect their current expenditures; and
WHEREAS,the City made changes to the budget to ensure the expenditure deadline for the
funds are met; and
1 CMB HOME revised 10/2021
NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties
hereto agree as follows:
1. Modification
Exhibit"B" ("Budget") is deleted in its entirety and replaced with the attached Exhibit"B".
2. Ratification
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the
provisions of this Amendment and the Agreement, the provisions of this Amendment
shall govern.
[SIGNATURE PAGE TO FOLLOW]
•
•
2 CMB HOME revised 10/2021
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.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.
a Florida not-for-profit corporation /i
/
ATTEST: tibial/I_jwid.._ - 7 , .
r
Secretary Signature
William R. Wiseheart, Secretary Cristian Arango, Chief of Operations
Print Name Name and Title
July 18, 2022
Date
CITY OF MIAMI BEACH,
a Florida municipal corporation
ATTEST:
______xl
F�-
City Cl i ature
Rafael E. Granado , Alina T. Hudak, City Manager
Print Name AUG 0 3 Z�22 Name and Title
Date ES' B.E '%'
klter• v ICORP.ORATE0.
., •
.'OP c
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
9kiNcalW* ' eihcb.
Ci 7, Attorney 27- Date
3 I CMB HOME revised 10/2021
EXHIBIT B
Budget
MIAMIBEACH 1IBEACH HOME FY21/22
Project Budget
•
Sub-Recipient: Miami Beach Community Development Corp. Project: CHDO Operating Funds
•
Please list-all items that will be reimbursed by the City of Miami Beach.
Line Item Quantity Unit Cost Line Total
Personnel.(Employees Only)-List Position Title
Salaries-Executite Director
Personnel Expenses-Category Totals $ -
Operating Expenses-Category Totals
Insurance $ 2,843.98
Operating Expenses•Category Totals $ 2,843.98
Capital/Equipment Costs -
Printer $ 506.67
Marketing and Communications $ 2,260.44
Capital/Equipment Costs-Category Totals $ 2,767.11
•
Professional Services
Consultant Services $ 7,189.35
Bank Fees $ 165.00
Professional Services-Category Totals $ 7,354.35
Other Costs
Accounting Services $ 17,830.56
Other Costs-Category Totals $ 17,830.56
Project Total-All Categories $ 30,796.00
4 I CMB HOME revised 10/2021
RESOLUTION NO. 2021-31728
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,ADOPTING THE CITY'S ONE-YEAR ACTION PLAN
FOR FEDERAL FUNDS FOR FY 2021,WHICH INCLUDES THE BUDGETS FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN
THE AMOUNT OF$991,531,AND THE HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM IN THE AMOUNT OF $619,533; APPROVING, IN
SUBSTANTIAL FORM,THE AMENDED CITIZEN PARTICIPATION PLAN;AND
AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE
DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF
THESE PROGRAM FUNDS; (2) SUBMIT THE ONE-YEAR ACTION PLAN TO
HUD; (3) MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-YEAR
ACTION PLAN, THE CONSOLIDATED FIVE-YEAR PLAN, AND THE
RESULTING AGREEMENTS (WHICH DO NOT AFFECT THE PURPOSE,
SCOPE,APPROVED BUDGET AND/OR INTENT OF THE PLANS);(4)SUBMIT
THE REQUISITE REVISED ACTION PLANS AND CONSOLIDATED PLAN;
• AND (5) EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN
NECESSARY; AND FURTHER AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG
AND HOME PROGRAM FUNDS AND INTERDEPARTMENTAL AGREEMENTS
FOR RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS.
WHEREAS,the City is an entitlement recipient of Federal formula HUD grant programs as
follows: Community Development Block Grant(CDBG)funds,and HOME Investment Partnerships
(HOME)funds; and
WHEREAS, 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, the One-Year Action Plan for Federal funds is a requirement under the U.S.
Department of Housing and Urban Development (HUD) formula grant programs, including the
CDBG and HOME Programs; and
WHEREAS, the One-Year Action Plan for FY 2021 is based upon the City's Federal
entitlement of$991,531.00 in CDBG funds and$619,533.00 in HOME funds; and
WHEREAS, the planning phase was initiated by the City on March 1, 2021, with the
issuance of two Requests for Proposals(RFP)for CDBG and HOME program funds, respectively;
and
WHEREAS, of five RFP submissions received,three projects are being recommended for
full funding; and
WHEREAS, a maximum of 15 percent of the City's allocation, or$148,729.00, may fund
public service activities; and
WHEREAS,the resulting CDBG recommendations for public services are incorporated into
the One-Year Action Plan for FY 2021 as follows: $10,000 for UNIDAD of Miami Beach - Project
Link;$30,000 for Miami Beach PAL-Youth Leaders Academy;$40,000 for CMB Office of Housing
and Community Services (OCS) Grocery Assistance Program; $28,729.00 for CMB OCS -
Prosperity Initiative; $40,000 for CMB OCS - Emergency Services (rent, mortgage and utility
assistance); and
WHEREAS, a 20 percent of the City's allocation ($198,306.00) will be allocated to the
planning and administration of the CDBG Program; and
WHEREAS,the City will contract Housing Opportunities Project for Excellence,Inc.(HOPE,
Inc.)for the provision of HUD-mandated fair housing services in the amount of$20,000, utilizing
CDBG planning and administration funds; and
WHEREAS, $644,496.00 will be allocated to the Housing Authority of the City of Miami
Beach-Acquisition of Real Property in support of affordable housing, a priority need identified in
the Consolidated Plan; and
WHEREAS, no applications were received for HOME funds during the RFP process; and
WHEREAS, the Administration is requesting HOME funds be allocated to homebuyer
assistance and homeowner rehabilitation; and
WHEREAS,this use will further leverage funds'to increase the number of affordable owner-
occupied housing units in the City while promoting homeownership among workforce personnel
who would otherwise be priced out of the market;and
WHEREAS,the City is normally required to set-aside a minimum of 15%of its HOME funds
allocation to a qualified Community Housing Development Organization(CHDO)project;however,
on March 7, 2019, HUD sent notice that the Consolidated Appropriations Act of 2019 includes a
provision suspending the 24-month commitment requirement for the CHDO set-aside funds through
December 31, 2021; and
WHEREAS,a CHDO is a private nonprofit,community-based service organization that has
identified the development of affordable housing as its primary mission and has the capacity to
develop affordable housing; and
WHEREAS, a CHDO must meet certain requirements pertaining to its legal status,
organizational structure, capacity and experience; and
WHEREAS, HOME funds may be used to provide special assistance to CHDOs including up
to five percent of the City's allocation for general operating assistance to CHDOs; and
WHEREAS,the City has not awarded CHDO set-aside funds to a certified non-profit since
its award to Carrfour Supportive Housing, Inc. in 2016; and
WHEREAS,the Miami Beach Community Development Corporation(MBCDC)was the only
agency to submit an application to the City for CHDO certification during the 2021 RFP cycle;and
WHEREAS,the City certified MBCDC as a CHDO on April 23, 2021; and
WHEREAS, HOME CHDO funds may be used for operating assistance, which.can be
utilized for costs associated with capacity building; and
WHEREAS,the resulting estimated HOME recommendations are incorporated into the FY
2021 One-Year Action Plan as follows: $61,953.00 for administrative allowance; $30,796.00 for
CHDO operating expenses; and $526,784.00 for Homebuyer and Homeowner Rehabilitation
Assistance; and
WHEREAS, the Citizen Participation Plan is a required component of the City's
management of federal funds and stipulates how the residents participate in the decision-making
\ /
process for the use of said funds; and
WHEREAS,the Administration is recommending amendments to the Citizen Participation Plan
to:
• Reflect changes to the Affordable Housing Advisory Committee, in accordance with
Ordinance 2020-4355;
• Establish a definition and specific criteria for a substantial amendment including defining a
minimum financial threshold of$100,000 in funding changes as the trigger fora substantial
amendment to the Consolidated Plan and Action Plan; and
• Enable grammatical edits to provide ease of understanding within the Plan; and
•
WHEREAS, the City advertised a Notice of Public hearing and Public 30-day Comment
Period(April 5,2021 May 5,2021)for community development needs with a public hearing held
on April 20, 2021; and
WHEREAS,the City advertised a Notice of a 30-day public comment period(May 24,2021
—June 23, 2021)for the draft One-Year Action Plan for FY 2021 and amendment to the Citizen
Participation Plan; and
•
WHEREAS, the City Manager is the HUD-designated agent for all formula grants, and
executes the grant applications,agreements,and other applicable HUD documents on behalf of the
City; and
WHEREAS, the City Manager recommends the approval, in substantial form, of the
amended Citizen Participation Plan, incorporated herein by reference and attached to the City
Commission Memorandum accompanying this Resolution.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission hereby adopt
the City's One-Year Action Plan for federal funds for FY 2021,which includes the budgets for the
Community Development Block Grant(CDBG)program in the amount of$991,531,and the Home
Investment Partnerships(HOME)program in the amount of$619,533;approve,in substantial form,
the amended Citizen Participation Plan; and authorize the City Manager to:•(1) execute all
applicable documents related to the appropriation and allocation of these program funds;(2)submit
the One-Year Action Plan to the HUD; (3) make minor non-substantial changes to the One-Year •
Action Plan,the Consolidated Five-Year Plan,and the resulting agreements(which do not affect the
purpose,scope,approved budget and/or intent of the plans);(4)submit the requisite revised Action
Plan and Consolidated Plan; and (5) extend the expiration dates of said agreements when
necessary; and further authorize the City Manager and City Clerk to execute agreements for sub-
recipients of CDBG and HOME program funds and City interdepartmental agreements for recipients
of CDBG and HOME program funds.
PASSED and ADOPTED this .13 day of Vun2 , 2021.
ATTEST:
• \II COP ;ORATEDf ? Dan Gelber, Mayor
•„ „.
� �� APPROVED AS TO
, .... ..... .... FORM & LANGUAGE
fo%/bi &FOR EXECUTION
Rafael E. Granad , City Clerk 6- I)-z1
City Attorney*_, Date ,
MIAMI BEACH
OFFICE OF HOUSING &
COMMUNITY SERVICES
DATE: 07/28/2022
TO: Alina T. Hudak, City Manager
FROM: Alba Tarre, Director %
SUBJECT: Amendment#1 to HOM HDO Operating Agreement
Between the City of Miami Beach and Miami Beach
Comm ity Development Corporation
ROUTING: �1►`
Mark Taxis ' ,} Assistant City Manager
FOR:
Information Only
Review and approval
Assistant City Manager's Signature
1. City Manager's Signature
Other Signature:
COMMENTS:
The HOME Program requires that at least fifteen percent (15%) of HOME
funds must be set aside for specific activities to be undertaken by a
Community Housing Development Organization (CHDO) and up to five
percent (5%) of the City's annual allocation can be awarded for eligible
operational cost. Miami Beach Community Development Corporation
(MBCDC) was the only agency to submit an application to the City for
CHDO certification. On February 10, 2022, the Manager executed the
original HOME Program Agreement pursuant to resolution 2021-31728
authorizing the City Manager to execute all applicable documents related
to the appropriation and allocation with the City's annual Action Plan. The
purpose of Amendment No. 1 is to delete Exhibit "B" in its entirety and
replace with the revised attached Exhibit"B".
Return to:
Alice Waters ext.6454
Date Needed By:
Asap