HUD Grant Agreement FY 2008t~° ~ ~ ~ (~ > s`f
Ia~o%~' - G71~
F'Y 2008 Elll-SPECIAL PROJP;CT NO. B-08-SP-FL-0543
GRANT ACREE~IEN'f
This Grant .Agreement between the Deparuncut of housing anti Urban
Development (HUD) and City of ~diami Bcaeh (the Cirsmtec) is made pursuant to fire
authority of Public Law 110-161 (Consolidated Appropriations Act, 2008) and a listing
of certain specific Economic Development Initiative Special Projects specified in the
C'ontncssional Record of December 1-. 200?. Tltc amount shown below is 98.0044. of
the amount specified in the Congressional Record of December 1'. 200'•, because of tt
3.00"~ reduction mandated by the .Act. The Grantee's application, as may be amended
by the provisions of this Grant .1,TCCntcnt, is hereby ittu,rytoratcd urto this .agreement.
ht reliance upon and in consideration of the mutual representations and oblige[ions
hereunder, HliD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant. funds in
the amount ul' SS 14,500 available to the Grantee.
The Gt•antee agrees to abide by the following:
ARTICLE (. HUD Requirements.
The Grantee agrees to comply with the following requirements fin which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application, which is
incorporated by reference and made part of this :Agreement as may be modified by
Article G'II (:A) of this Grant A~'eement.
B. LQUAL OfPORT[.nI1TY RE•QUlRE~9F:NTS
The ~arant funds must he made available in accordance ~aitlt the fi~llrnviug:
1. Fur projects involvint housing. the requirements of the Fair Housing Act (42
i:S.C. 3601-2O) and implementing regulations at 24 C7;R Part 100: Executive
Order 1 1063 (Equal Opportunity in Huusiug) and implementing regulations at 24
C1~R Part 107.
2. The requirements of Title VI of the Civil Rights .Act of 1964 (43 U.S.C. 20004)
(~londiscti•imination in Federally :lssisicd Programs) and implementing
re>?ulations issued at 34 CI~R Part 1.
.. The prohibitions against discrimination on the basis of age under the Age
Discrimination act of 19'5 (42 lLS.C. 6101-0:') and implementing regulations ai
34 CFR Part 146, and the prohihitions against discrimination against handicapped
individuals under section 504 of the Rehabilitation Act of 19'3 (39 U.S.C. '941
and intplementingragulations at 24 CI~K fart ~.
4. The requirements of 24 CFR ~.105(a) regarding equal opporhmity as well as the
requirements of Lxecutive Order 11246 (Equal Gnplo~tnenl Opportunity) and the
implementing regulations issued at 41 CFR Chapic~r 60.
~. For those grants fitndin~ construction covered by 24 CFR 13~, 4tc requirements
of section 3 of the housing and i:rbau Development .Act of 1962, (13 l:.S.C.
1'101 u) which r'equit'es that economic opportunities generated hy= certain HI:D
tinancial assistance shall, to the greatest extent feasible, be given to lota•- and varp
low-income persons and to businesses that provide economic opportunities fire
these persons.
6. The requirements of Executive Orders 1162? and 12432 (concerning \8inority
Business Enter}nisc), and l21'++~ concerning V4'ontett's Business F.nteiptisc).
Consistent with HL; D's responsibilities under these Orders, the Grantee must
make etibrts to encourage the use of minority and women's busiuess cuterprises
iu connection with LTant funded activities. See 24 CFR Part S>.361e), tro•hich
dcscrilies actions to be taken by the Grantee to assure that minorit} busiuess
enterprises and women business enterprises arc used when possible in the
procurement of property and services.
.. Where applicable. Grantee shall maintain records of its effittts to compl~~ with the
requirements cited in Pat'agraphs ~ and /i above.
C. GNVIROV~1h:VTALREVIE~'PRLQUIKLA~lE.v'IS.
I. I(the Grantee is a unit of general local govcrnmcnt, a State, an hxlian Tribe. or an
:\laskau 1\ative Village, the Grantee agrees to assume all of the responsibilities
liar environmental review and decision- making and actions, as spccilicd and
required in regulations issued by the Sca'ctmy pursuant to the Nlultitamily
Housioc Property llisposition Relirnn ~'1ct of 1994 and published in 24 CFR Part
jg.
2. If the Ciranlee is a ]ntusiug authority, redevelopment a~~cnct'. academic institution.
hospital, or other non-profit organization, the Cn-anteu shall request the unit ai
~~cneral local govenuncnt. ludian 'Tribe, or ,Alaskan '~ativc Village, within which
[he project is located and which exercises land use respunsibiliq+, to assume all at
the t'cspomibilities tier cnvironrocntal review and decision-making as specified in
paragraph C.1 above, and the Grantee shall c:u•ry out all of the responsibilities of a
recipient under 34 CFR Part 58.
D. Administrative reyuirernents of f)Iv1B Circular :\-133 "Audits of States, Local
governments and Non-Protit Organications.~~
L. For State and Local Govcrnutcnts, the Administrative raluircutcnts of 2~i CFR Part
1>. induding the pntcurcmcut requirements of 24 CFR Part S~.3G, and the
rcquircmcnts of O\tA Circular :\-8? regarding Cost Principles lire Stale and Local
Govcrnntcnts. For Kon-Prutils, the Admiuistrativ°e requirements of 2q C'FR Part S~,
including the procurement rcquircmcnts of'_~ CI'R Pats 3x.40, and C)~9B Circular :1-
122 regarding Cost Principles for von-Protit Involutions. For lnstitutions of Higher
Education the applicable Oiv~1B Circular regarding Cult Principle, is :1-31.
F. The regulations at 24 CFR Part Si, related to lobbying, including the rcduirement that
the Grantee obtain certitcatiuns and disclosures from all covered persons.
Ci. The rcgulatiotts at Z4 CFR I';n~t _'l , regarding rcyuirerttertts for Drug- Free \\%orkplace.
H. The [:nilunn Relocation Art as implemented by regulation, at 49 CFR Part 24.
I. 'Cha Grantee will eurrtltly with all accessibility requirements under section J04 of the
Kchabilit:ttion Aet of 19?3 (39 L.S.C. ?94) and implementing regulations al 34 CFR
Part 3, where applicable.
.I. The regulations at 24 CI~R Part 3i, where applicable. regarding Lead-Rased Paint
Poisoning Prevention in Certain Residential Structuros.
K. 'fhe regulations at '_'4 CFK fart S.IOQ where applicable, regarding F:qual
Participation oCRcligious Organizations in H[?D Proxrrams and Activities.
AR I'1Cl.F. II. Conditions Precedent to Dr;nv Iknvn.
The Grantee may not draw duw'n Want funds until the li>Ilo+ving actions have taken place:
:1. The Grantee htw received and appnncd arty certifications and disclosures required by
?4 CFR 3?.100 concerning lobbying.
B. Any other conditions listed in Article VII (C)ot this Grant A"reement.
.ARTIC'I_E Ill. Draw llowns.
A. A request by the Grantee to dr;nv down grant funds under the Voice Kesponse .Access
system or any other payment system constitutes a representation by the Grantee that if
and all participating parties arc complying with the terms ol'this Grant :Agreement.
B. The (irantre will be paid on an advance basis provided that the Granlee minimizes the
time elapsing between transler of the grant funds and disbursement for project
pwposes and othen+isc titllo+vs the requirements of 24 CPR Part R~ ire Part R4 vx1
Treasury Circular 10~> (31 CFR Part 2(lj).
C. Before the Grtnt Agreement is signed, the Grantee may incur cost for activities which
are exempt fi-um cuv°ironmental review under 2~3 C'FR Part SR and may charge the
costs to the Grant.
,4RTICLE IV. Progress Reports.
:~. The Granlee shall submit to the Grant Officer ;t progress report curry six months after
lire effective date of the Grant .~~neemcnt. Pt'ogress reports shall consist of (I 1 a
narrative of work accomplished during_ the reporting period and (2) a atntpleted
Financial Status Report -Form 269 A.
HUD may require additional information or increased frequency of reporting as
dascrihrd itt Article GIT (C ).
B. 'Che perfirmutnce reports must contain the iufornruion reyuircll undo' 34 ChIL Pari
RS.~tt_l(b) (?) or 2~1 CFR Part R451(a), as applicable including a comparison of actual
arcotnplishment to the ohjectives indicated in the approved application, the reasons
krr slippage ifestahlishcd objectives were nut met. and additional pertinent
infottuation including explanation of si~tificant cost overntns.
C'. Ko grant dr:nvdo+vns will be approved tier projects +vith overdue progress reports.
ARTICLE V. Project Ciose-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the grant
30 days after the grantee has ch-aevn down all funds and completed fire activities
described in the application, as may be amended. 'Lhr final report shall consist of (I )
a narrative of all work accomplished during the project period and (2) a completed
Financial Status Report -Porte 269 .4 urvering the entire project period.
HUD will then send the Close-out .A~meement and Close-out Certilication to the
Granter. At HL!D's option. the Grantee may delay initiation ofprgjcct close-out until
the resolution ofany HUD monitoring findings. If HI:U exercises this option the
(~rantcc must promptly resolve the findings.
B. The Grantee rcat~:~tizes that the close-out process may entail a review by H1JD to
determine compliance with the Grant :'1gr'ecment by the Ciranlec and all participating
parties. The Grantee agrees to cooperate with uny review in any way pussibk.
includinc making available records reyuestud by I lUD and the project for on-site
HUD inspection.
G The Grantee shall provide to 1-IUD the lblluwing documentation:
L A Certification of Project Completion.
2. .A Grant C"lose-out Aercetncut.
3. .A final financial report giving the :nnamt and types of project cosh charged
to the ~~t'anl (that meet the allowability and allocability reyuirements of Ob1B
Circular :1-122, ~\-3% or .~-21 as applicable, including the "necessary and
reasonable" standardj_ a certification of the costs, and the amounts and
sources ofother prgjcct funds.
y. .4 final performance roport providing a comparisrnt of actual accomplishments
with each of the prirject commitments ;utd objectives in the :gtproved
application, the reason, lur slippage if establishai objectives were not ntet and
;idditiunal pet'tincnt inli~rmation including explanation of significant cost
ovcrnms.
U. The Grantee agn-ees that the grant fiords arc all~tvable only= to the cxtcut that the.
project coats, meeting the standard of OMB Circular A-122, A-8? or ;~-31 as
applicable, eyual the u'ani amowtt plus other sources of project fitnds provided.
E. When H[.D has determined that the ,p-ant funds are allowable. the activities were
completed as described by the Grant Agreement, and all Federal reyuirements were
satisfied, HUD and the Grantee will sign the C'luse-out Agreement and Close-out
Certificate.
F. ~'he Close-out Agrcentcnt will include the Grantee's Agrccntcnl to abide by mtv
continuing fulcral rcquircmeuts.
ARTICLE ~'I. Default.
:1 default under This Grant Agreement shall consist of using grant fiords for a
purfio,u other than as authorized by this :lgrecmunl, any noncompliance with legislative,
regulatory=. or other reyuircntcuts applicable to the Agreement, any other' material breach
of this Agreement. or any mstcrial misrepresentation in the application submissions.
ARTIC'LF. VIT. Additional Provisions.
A. Project Description. ~1'he prgjcol is as described in the application with the tblluwing
chances:
B. Changes or Clarification to the :lpplicalion Related to Participating Parties:
The Administrative Agent if any:
C'. tipecial Conditions:
The C'onsulidated Appropriations Act, 2UOS provides that nu funds made
an•ailablc under the :pct may be used w support any Federal, titate or local
projects that seek to use the power of eminent domain, unless eminent domain
is employed only fix a public use. I~or purposes of this provision, public use
shall not he atnstnted tct include economic development that primarih
benefits private entitites.
11.5. Deparimeni of Housinc
and urban Development
-- -
r~uthorired Sigrtamrc
Robert Duncan _
Associate T7eput~• .Assi}tant Secretary
fi?r Economic Development
Dato ~/°~~~°O~
Cit_Y of Miami Beacb ~
t\.~
i`latti Herrera flower
11u orizG~»ci Signature
-*taynr __ _ _ _.._...---
~i IIle
5 t~ 2ooq
Date - --- -
ATTEST»
City Clerk
Robert Parcher
Print. Rine
APPROVED AS TO
FORM 8~ LANGUAGE
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m ~~~IAMI BEACH
Interoffice Memorandum
To: Robert Parcher Date: June 1.2009
City Clerk
From: A:~Anna Parekh, Director
"'...111 Office of Real Estate, Housing, & Community Development
~ Dll
Subject: FY 2008/2009 (~8~6 Agreements
Pursuant to Resolution No. 2008-26954, attached are three original Economic Development Initiative (EDI)
agreements between the City and the Department of Housing and Urban Development (HUD).
The agreements have been form-approved by the City Attorney, and need to be signed by you and by the
Mayor and returned to our office so that we can send them to HUD for final execution as per HUD's
requirements. Please call Annette Ayala at x6893 once they are signed,
Please call me if you have any questions.
Thank you.
HMFIAP
FtRHCDL$ALLU-ISG-CD`ANNAUAemoslMemo Cdy Clerk EDI Agreemenr.doc
Assistance AwardlAmendment U.S. Department of Housing
and Urban Development
Cffrze ni Adrnirnslrslicn
1. Assisl:ince Instrument 2-Type. of Action
Coopararre Agreement X Grant X Av;arA Amendment
3. Instrument Numbor 4. Amendment N umber 5. Effe:,Uve Date of this Action 6. Conlrc;l Number
B-UB-SP-FL-0543
7. Name and Address of Reapient S. HUD Administering Office
City of tdiami Beach CPD. EDi Spacial Project Division
17D0 Convention Center Drive 451 7th Street. SY1r. Rm 7146
Washington. DC 20410-7CD0
Miami Beach. FL 33139
EIN: 5&6D00372
&a. Name of Administrator Ab. Telephone Number
10. Recipient Project Alanayer 9. HUD Government Tachnir:al Represenlalve
Jorge tvl. Gonzalez Kalressa L Garner 202-7D8-377;. ;_,;Fn;'.on. 4?07
t t. Assistance Arrangement 12. Payment Wtethod 13. HUD Payment Office
Cost Reunbursement Treasury Check Re,mbursement Chief Finanaal Officier
Cost Sharing Advance Check
X Fixed Pace X Autornaled Clearinghouse
74. Assistance Amount 15. HUD Accountlny and Apropriation Data
Prey+ous HUD Amount 75a. Appropriation Number 15b. Reservation Numbor
HUD Amount !his Ac-tiDn -- 5514..50QCD EID OB
Total HUD Amount 5574.5009v
~ - Aau;ncl Previously Obligated
Reapient Amnunt Obligation by this Actiun ~ $51.1,5ua.p9
Total Instrumem Amount 5514,500.60 ~ TOlal Ob'.iyalicn $574.500.60
!ii. Description
to maintain affortlable housing for low-income residents of Miami Beacn. Florida
This Awartl consists of the follo•.mng items which are appended to and heroby made part of this A•.vard:
iAj Cover Page -HUD 1044
(Bj Grant Ayreament
Special Conditions:
Nlease cmttact Ubaldo Caizoli -HUD Area Environmental Officer al 3pj-536-dfiS2,
Ubaldo_A. Cazzoli(rc hud tiov concerning environmental review. NO Fl'\US nufr be committed to the
project or drlnyn dawn prior to environmental release ol• 1•uncts approval.
77. X 1tS,
ReGpicnl is reyuireA to sign and return three f3! copies of Recipient is not rw;uiretf to sign this document.
this document to the HUD Administering Office.
t9. Recipient iBy Namei: 2C, HUD fBy Namef:
~1r. Jorge D9. Gon7alci Robet~ l)unc' 1 l
Synalura 8 Title'. Dale: Signature and in'e: / ' Dates
-- ~~rn,, `x/03 ~qp 9
City ~4anaucr ~~~ ~ ADAS fiTr Economic Deve opment "~ / I
Prevrsmx Edi!ions ar O olet form HUD-1044 i8+90)
Rot Handbook 221D.77