NSP1 Agreement w/ MDCDCv?ooQ-~7v3y
NEIGHBORHOOD STABILIZATION PROJECT (NSP1) AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
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This Agreement made and. entered into this ~ day of j GhN a ~ , 20t3~, by and between
the CITY OF MIAMI BEACH, a Florida municipal corporation having i principal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, anon-for profit corporation
having its principal office at 945 Pennsylvania Avenue, Miami Beach, Florida, 33139 (hereinafter
referred to as "Developer").
WHEREAS, on July 31, 2008, the United States Congress enacted the Housing and
Economic Recovery Act of 2008 (HERA), thereby creating the NSP1; and
WHEREAS, on December 1, 2008, the State of Florida, acting through its Department of
Community Affairs (DCA), published its NSP1 Substantial Amendment, pursuant to the
requirements of HERA; and
WHEREAS, on March 18, 2009, the City Commission adopted Resolution No. 2009-
27039, approving the City's planned use-and application for NSP1 funds, and related application
to DCA, which was the purchase and rehabilitation of one or more foreclosed or abandoned
multi-family buildings in the City of Miami Beach target areas, to be kept as rental properties to
benefit income-qualified households; and
WHEREAS, on May 6, 2009, the City issued a Request for Proposals (RFP) for qualified
housing developers to purchase foreclosed and/or abandoned residential units in Miami Beach,
and to oversee any needed rehabilitation, resale, management, and renting of affordable
housing units in compliance with all the rules required by NSP1 and administered by the State
of Florida's NSP1 Substantial Amendment; and
WHEREAS, on July 31, 2009, three (3) applications were received in response to the
RFP, but only the application from Developer was deemed responsive; and
WHEREAS, the Developer's application was for the acquisition and rehabilitation of a
sixteen (16) unit residential property located at 7871 Crespi Boulevard (the Crespi Project), with
any remaining funds to be utilized for homeownership scattered sites secondary strategy
{Secondary Objective Project) (hereinafter, the Crespi Project and the Secondary Objective
Project may also be referred to collectively as the Project); and
WHEREAS, on September 9, 2009, the City Commission adopted Resolution No. 2009-
27194, accepting Developer's proposal for the use of NSP1 funds, and authorizing the Mayor
and the City Clerk to execute an agreement with Developer.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Developer agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement
and the following nine (9) attachments, all of which are attached hereto and
incorporated into this Agreement:
• Attachment I-A describes the proposed .acquisition of .the. Crespi
Project.
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• Attachment I-6 itemizes the projected costs for the rehabilitation and
soft costs of the'Crespi Project. ,
• Attachment II is the Operating Proforma for the Crespi Project.
• Attachment III contains the Secondary Objective Project description
and budget, which is subject to NSP1 fund availability after final cost
of the Crespi Project is established.
• Attachment IV outlines applicable NSP 1 statutes and regulations
• Attachment V contains Certification of NSP 1 funded
ConstructionlRehabilitation and other Certifications
• Attachment VI contains the 2009 NSP 1 Income Eligibility
Requirements
• Attachment Vlt contains required Reports
• Attachment Vlll contains the Florida's 2008 NSP1 Substantial
Amendment.
• Attachment IX contains the Federally-funded Subgrant
Agreement/Neighborhood Stabilization Program Agreement (Contract
Number 10DB-4X-11-23-02-F16) between the DCA and the City,
dated October 5th, 2009.
Section 2. Project/Statement of Work: The Developer agrees to implement the Project as
follows:
Crespi Project (Primary objective) -Rental Housing Activity:
Purchase and rehabilitation of afour-building residential apartment
complex containing four (4) units each (16 units total), located at 7871
Crespi Boulevard, Miami Beach, Florida.
Secondary Objective Project -Home Ownership Activities
Balance of NSP1 funds remaining after the purchase and rehabilitation of
the Crespi Project will be used for the purchase and rehabilitation of up to
five (5) residential properties to sell to income qualified households
according to NSP1 and HUD regulations.
Section 3. Agreement Amount: Subject to the availability of funds, the City agrees to
make available, according to the terms and conditions contained within this
Agreement, the amount not to exceed TWO MILLION, THREE HUNDRED
SEVENTY-SIX, ONE HUNDRED EIGHTY ONE DOLLARS AND 53/00
($2,376,181.53) (herein referred to as "the Funds").
Section 4 Alterations: Any changes to the Project, including, without limitation, the
descriptions and budgets in Attachments 1-A, I-B, and III, shall first be submitted,
reviewed, and approved, in writing, by the City Manager which approval, if given
at all, shall be at the Manager's sole and reasonable judgement and discretion.
Section 5. Method of Payment and Reporting Requirements: The Developer may
request a drawdown of a portion of the Funds for 1.) the acquisition costs of the
Crespi Project property, as per Attachment 1-A; and 2.) the expected cash needs
within the first three (3) months of the Term (as defined herein), in accordance
with the projections itemized in Attachment 1-B. Any advance payment is subject
to Federal OMB Circulars A-87, A-10, A-22, and the Cash Management
Improvement Act of 1990.
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Throughout the Term, the Developer shall be required to submit monthly Project
progress reports to the Director of the City's Real,:Estate, Housing and
Community Development Division, on the 10~' day of each month. The
Developer shall also submit a Project close-out report thirty (30) days after
completion of the Crespi Project ("completion" being herein defined as the
issuance of a final Certificate of Use (CO) or Certificate of Occupancy (CC), for
the Crespi Project), covering the agreed-upon Project goals and objectives;
expenditures during the Term; and performance data on client feedback.
Attachment VII contains reporting forms to be used in fulfillment of this
requirement.
Other reporting requirements may be required by DCA or the City if the Project
changes; the need for additional information or documentation arises; and/or if
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/or termination of the
Agreement.
Section 6. Monitoring: The City shall monitor Developer's performance, including, without
limitation, that of any of Developer's subcontractors which are paid from Funds.
The Developer shall comply and cooperate with any monitoring
procedures/processes, as reasonably deemed necessary and appropriate by the
City Manager orhis/her authorized designee. Notwithstanding the preceding, the
City's monitoring of Developer's performance shall not create any affirmative or
other duty, obligation, or assumption on the part of the City, whether as to the
Project or as to any ways, means, and/or methods that Developer chooses to
undertake with respect thereto.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the
Funds originate from NSP1 funds from the U.S. Department of Housing and
Urban Development (HUD), through the DCA, and must be implemented in full
compliance with all applicable rules and regulations of HUD and DCA,
respectively.
In the event of curtailment or non-availability of all or any portion of the Funds,
the financial sources necessary to pay the Developer hereunder will not be
available. In that event, this Agreement may be terminated by the City, without
any liability to the City; such termination being 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 Developer
agrees that it will not look to, nor seek to hold liable, the City, nor any individual
member of the City Commission and/or the City Administration, for the
performance of this Agreement, and that the City shall be released from any and
all liability to Developer under the terms of this Agreement.
Section 8. Compliance with Local, State and Federal Regulations: The Developer shall
comply with all applicable Federal regulations as they may apply to Project
administration, and to carry 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 Developer will comply with all applicable
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State and local (City and Miami-Dade County) laws, ordinances, rules and
regulations..-~ It shall be the Developer's sole and absolute responsibility to
continually familiarize itself with any and all applicable laws, ordinances, rules
and/or regulations.
Developer (and this Agreement) shall also comply with any applicable provisions
of that that certain Federally-funded Subgrant Agreement/ Neighborhood
Stabilization Program Agreement (Contract Number 10DB-4X-11-23-02-F 16)
between the DCA and the City, dated October 9~', 2009 (Attachment IX hereto).
Section 9. Restriction for Certain Resident Aliens: Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible for benefits under covered activities
funded by the NSP1 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 NSP1 Program.
"Benefits" do not include relocation services and payments to which displaces
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 judgment.
Section 11. Term: The term of this Agreement shall commence upon the last date of
execution by the parties hereto (the Execution Date), and shall terminate
eighteen (18) months after said Execution Date (the Term). Any costs incurred
by the Developer prior to the Execution Date which were not approved by the
City, will not be reimbursed by the City.
Any extension of the Term will be at the City Manager's sole discretion, and shall
also be contingent upon approval by the State of Florida, in accordance with the
guidelines established in the 2008 State of Florida Action Plan Substantial
Amendment (Attachment VIII).
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated, for
convenience and without cause, by the City, through its City Manager,
upon thirty (30) days prior written notice to Developer. In the event of
Termination for convenience, the City shall cease any payments to
Developer, and shall not be responsible and/or liable for payment of costs
or obligations incurred after the effective date of termination (as set forth in
the City's notice); or for payment of costs resulting from obligations which
were not properly incurred before the effective date of termination.
Developer shall be responsible for submitting a final report, as provided in
Section 5 hereof, within five (5) days from the effective date of termination,
detailing all Project objectives, activities and expenditures (up to the
effective date of termination).
Nofinrithstanding anything in this subsection or.Agreement, .the .City, at its
sole discretion, shall determine the amount of any Funds to be returned to
the City as a result of termination, including without limitation as a result of
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any unused or incomplete Project
performed. The City shat( provide
monies due, which shall be due and
such notice by Developer.
items, and/or items not satisfactorily
Developer--with written notice of any
payable immediately upon receipt of
Notwithstanding the preceding, the City reserves any and all legal rights
and remedies it may have with regard to recapture all or any portion of the
Funds, or any assets acquired or improved in whole or in part with said
Funds, including without limitation, the any property acquired pursuant to
the Project described herein.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City,
through its City Manager, may also terminate this Agreement for cause.
"Cause" shall include, but not be limited to, the following:
a. Failure to comply andlor 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.
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 rules and
regulations.
The City shall notify the Developer in writing when the Developer 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 Developer as a condition precedent to curing the default;
and (iii) a reasonable cure period, which shall be no less than thirty (30)
days from notification date. In the event the Developer fails to cure such
default within the aforetasted cure period, this Agreement shall be
considered terminated for cause by the City, without further notice to
Developer, and Developer shall be solely responsible for repayment to
the City of all or any portion of the Funds, as determined by the City.
Said monies shall be immediately due and payable by Developer upon
demand from City.
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.
a. Termination for Lack of Funds: In the event of curtailment of, or
regulatory constraints placed on all or any portion of the Funds
(including, without .limitation, .any .curtailment . of the .Funds by
HUD), this Agreement -may be terminated by the City, through its
City Manager, effective as of the time that it is determined by the
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City Manager that such Funds are no longer available. Costs of
the Developer resulting from obligations which were not properly
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incurred before the effective date of termination, or which were
incurred after termination, will not be allowed, unless the City
Manager expressly authorizes them in writing (whether in the
notice of termination or subsequent thereto).
Section 13. Equal Employment Opportunities: The Developer shall comply with equal
employment opportunities as stated in Executive Order 11246, entitled "Equal
Employment Opportunity" as amended Executive Order 11375, and as
supplemented in Department of Labor regulations.
Section 14. Program Income: All "Program Income" (as such term is defined under
applicable Federal regulations) gained from any activity of the Developer funded
by the Funds shall be returned to the State for reallocation based on greatest
need and capacity to obligate and spend NSP1 funds. Any generated Program
Income must be reported to DCA and must comply with the requirements set out
in 24 CFR 489(3)(3) and the Federal Register Notice that states the requirements
of NSP1 funds.
Any Program Income received on or after July 30, 2013, may not be
retained by the City and must be remitted to the State to be returned to
HUD.
Section 15. Religious Organization or Owned Property: NSP1 funds may be used by
religious organizations or on property owned by religious organizations, subject
to prior written approval from the City Manager and only in accordance with the
requirements set in 24 CFR §570.200(j).
The Developer 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 cant' out its mission, including
the definition, practice, and expression of its religious beliefs,
provided that it does not use NSP1 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 any 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, NSP1
funds may not exceed the cost of those portions of the acquisition,
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construction, or rehabilitation that are attributable to eligible
activities in accordance with the cost accountigg' requirements
applicable to NSP1 funds in this part. Sanctuaries, chapels, or
other rooms that religious congregation uses as its principal place
of worship; however, are: ineligible for NSP1-funded
improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement or upon
expiration of the Agreement, the Developer shall immediately return any Funds to
the City on hand at the time of termination or expiration, and any account
receivable attributable to the use of NSP1 funds. The preceding requirement
shall not negate the City's right to recapture all or any other portion of the Funds
as the City deems necessary and as it may otherwise be allowed to recover
same under this Agreement.
Any real property that was acquired or improved in whole or in part with Funds
(including NSP1 funds provided to the Developer in the form of a loan) in excess
of $25,000 must either:
a. Be used to provide activities that meet one of the national
objectives in 24 CFR 570.208(a), "Activities benefitting low- and
moderate-income persons" for a period of at least fifteen (15)
years after Project completion ("Project Completion" shall be
defined as the issuance of a Final Certificate of Occupancy or
Certificate of Completion); or
b. If not used in accordance with the above subsection (a), the
Developer shall pay to the City an amount equal to the current
market value of the Property, less any portion of the value
attributable to expenditures of Funds for the acquisition of, or
improvement to, the Property. No payment shall be required after
the compliance with the affordability requirement for the period of
time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Developer shall abide by guidelines set
forth by HUD for the administration and implementation of the NSP1 Program,
including applicable Uniform Administrative Requirements set forth in 24 CFR
570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq.
Developer agrees that duly authorized representatives of HUD and/or the City
shall have access to any books, documents, papers and records of the
Developer that are directly pertinent to this Agreement for the purpose of making
audits, examinations, excerpts and transcriptions. The Developer shall comply
with the requirements and standards of OMB Circular No. A-122, "Cost Principles
for Non-profit Organizations", or OMB Circular No. A-21, "Cost Principles for
Educational Institutions" as applicable. The Developer shall comply with the
following provisions of the Uniform Administrative requirements of OMB Circular
A-110 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements
for Grants and Agreements With Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations") or the related NSP1 provision, as specified in
this section:
a. Subpart A - "General';
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b. Subpart,B - "Pre-Award Requirements", except for. 84.12, ;'Forms for
Applying for Federal Assistance";
c. Subpart C - "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" -Grantees shall follow
the standards of, 85.20(b)(7) and 85.21 in making payments to
sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of. 84.24, NSP1 sub-
recipients shall follow 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of, 84.32, NSP1 sub-
recipients shall follow 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition
provisions of 84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall
be program income (pro-rated to reflect the extent to which
NSP1 funds were used to acquire the equipment); and
b. Equipment not needed by the sub-recipient for NSP1
activities shall be transferred to the recipient for the NSP1
Program or shall be retained after compensating the
recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and
Reporting Program Performance' ;
(8) Section 84.52, "Financial Reporting';
(9) Section 84.53(b), "Retention and access requirements for
records". Section 84.53(b) applies with the following exceptions:
a. The retention period referenced in, 84.53(b) pertaining to
individual NSP1 activities shall be four (4) years; and
b. The retention period starts from the date of submission of
the annual performance and evaluation report, as
prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of
submission of the final expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of. 84.61,
NSP1 sub recipients shall comply with 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" -except for,
84.71, "Closeout Procedures".
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Section 18. Sponsorships: The .Developer agrees that all notices, informational pamphlets,
press releases, advertisements, descriptions of the sponsorship of the Project,
research reports, and similar public notices prepared and released by the
Developer for, on behalf of, and/or about the Project, shah include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH, STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, AND U.S.
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
NEIGHBORHOOD STABILIZATION PROJECT"
Section 19. Recordkeeping: Developer shall be subject to federal "Common Rule: Uniform
Administrative Requirements for State and Local Governments" (53 Federal
Register 8034) or OMB Circular No. A-122, "Cost Principles for Nonprofit
Organizations" and all applicable laws, ordinances, rules 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 NSP1 activity delivery cost by Project and
the non-NSP1 related charges.
c. The Developer shall retain sufficient records to show its compliance with
the terms of this Agreement, as well as the compliance of all of its
subcontractors or consultants paid under this Agreement, for a period of
six (6) years from the date the audit report is issued. Developer shall
allow the City Manager or his/her designee, the State Chief Financial
Officer, or the State Auditor General access to the records upon request.
The Developer shall ensure that audit working papers are available to
them upon request for a period of six (ti) years from the date the audit
report is issued, unless extended by the City or the State for the following
exceptions:
If any litigation, claim or audit is started before the six (6) year
period expires, and extends beyond the six (6) year period, the
records shall be retained until all litigation, claims and audit
findings involving the records have been resolved. The City
shall be informed, in writing, of the address where the records
are to be kept.
2. Records for .the. disposition .of non-expendable property valued
at $5,000 or more at the time it is acquired shall be retained for
six years after final disposition.
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3. Records relating to real property acquired shall be retained for,,'
six (6) years after the closing on the transfer of title.
d. The Developer -shall maintain all records for all subcontractors or
consultants to be paid from the Funds, including documentation of all
Project costs, in a form sufficient to determine compliance with the
requirements and objectives of all applicable laws and regulations.
e. The Developer, shall allow access to its records to the City and/or it's
authorized representatives, during reasonable times. "Reasonable time"
shall mean during normal business hours of 9:00 a.m. to 5:00 p.m., local
time, Monday through Friday.
Section 20. Audits and Inspections: The Developer shall maintain financial procedures
and supporting documents, in accordance with generally accepted accounting
principles, to account for the receipt and expenditures of the Funds. At any time
during reasonable times, and as often as the City, DCA, and/or HUD
representatives may deem necessary, the Developer shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement for review, inspection, or audit.
If the Developer is anon-profit organization, as defined in OMB Circular A-133,
(as revised), and in the event that the Developer expends $500,000 or more in
Federal awards in its fiscal year, a single audit or program-specific audit shall be
conducted for each fiscal year for which Federal awards attributable to the
Project have been received by the Developer. 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.
Section 21. Indemnification/Insurance Requirements: The Developer shall indemnify and
hold harmless the City, its officers, employees, contractors, and agents, from any
and all claims, liability, losses, and causes of action which may arise out of any
act, error, omission, negligence or misconduct on the part of Developer or any of
its officers, directors, employees, contractors,. consultants, agents, patrons,
guests, clients, licensees, invitees, or any persons under the direction, control or
authority of Developer, in connection with, as a result of, or related to this
Agreement and/or the Project. The Developer 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 attorney's fees) and
judgments which may issue thereon. This Indemnification shall survive the
termination and/or expiration of the Term of this Agreement.
The Developer shall maintain and carry in full force during the Term and/or
through Project completion, whichever is later, the following insurance:
a. ,General Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $1,000,000 single limit. The policy must
include coverage for contractual liability to cover Developer's
indemnification agreement, as set forth in this. Section.
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b. Worker's Compensation and Employers Liability, as required pursuant
to Florida Statutes. ~' ~~
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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 $500,000.
The City of Miami Beach, Florida shall be named as an additional insured under
all required insurance policies. 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. Original certificates of insurance for any required coverage
must be submitted to the City's Risk Manager for approval prior to any work
commencing, and will be kept on file in the Office of the Risk Manager, Third
Floor, Miami Beach City Hall.
Each required certificate or policy shall carry the provision that the insurance
shall not terminate, lapse or otherwise expire, prior to thirty (30) days written
notice to that effect, given by the insurance carrier to the City, and that the
insurance carrier will not invoke the defense of performance of a governmental
function by the Developer in performing this contract.
The City shall have the right to obtain from the Developer specimen copies of the
insurance policies in the event that submitted certificates of insurance are
inadequate to ascertain compliance with required coverage. All of Developer's
certificates shall contain endorsements providing that written notice shall be
given to the City at least thirty (30) days prior to termination, cancellation, or
reduction in coverage of the policy.
In the event evidence of any required insurance is not forwarded to the
City's Risk Manager within thirty (30) days after the Execution Date, this
Agreement shall automatically terminate, without further action required by
the City; and therefore, the City shall have no obligation and/or liability
under the terms hereof.
Compliance with the foregoing requirements shall not relieve the Developer of
any liabilities and obligations under this Agreement (including, without limitation,
Developer's obligation to indemnify and hold the City harmless, as required in
this Section 21 ).
Section 22. Conflict of Interest: The Developer covenants that no person under its employ
who presently exercises any functions or responsibilities in connection with HUD
or DCA funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Developer covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The
Developer covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of InteresY', and the respective, .State, County and City of Miami Beach
laws governing conflicts of interest. The Developer shall disclose, in writing, to
the City any possible conflicting interest that is covered by the above provisions.
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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, and the
U.S. District Court, Southern District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, CITY AND DEVELOPER 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: Anna Parekh, Director
Office of Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Developer: Roberto Datorre, President
Miami Beach Community Development Corporation
945 Pennsylvania Avenue
Miami Beach, FL 33139
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in
so doing the City can place a limit on City's liability for any cause of action for
money damages due to an alleged breach by the City of this Agreement, so that
its liability for any such breach never exceeds the sum of $100,000. Developer
hereby expresses its willingness to enter into this Agreement with Developer's
recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $100,000. .
Accordingly, Developer hereby agrees that the City shall not be liable to
Developer for damages in an amount in excess of $100,000, 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. On or before the Execution Date, and as a condition precedent to the City's
release of any portion of the Funds, Developer shall execute a Mortgage and
Promissory Note in favor of the City, in an amount equal to the Funds used for
acquisition of the Crespi Project. The same procedure shall be followed for any
additional properties purchased as part of the Secondary Objective Project. The
Mortgage shall . contain a covenant, .restricting .use of .the .Crespi Project fora .
minimum of the prescribed fifteen (15) year retention period for affordability (as
defined by NSP1 requirements). Any Mortgage and Note given for any
'~ / 12 ~/
Secondary Objective Project properties shall also contain the same restriction.
All Mortgages and Notes, and any and all documents contemplated in this
Section 26, shall be prepared and/or approved by the City (through the City
Manager and City Attorney's Office). All Mortgages and Notes shall be recorded
in the Public Records in Miami-Dade County.
Section 27: This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors and assigns.
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.
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
City Clerk
Print Name
Ma or Signatur
Matti Herrera Bower, Mayor
Print Name and Title
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.
a Florida not-for-profit corporation
ATTES .
~~;sy~ S retary Pre ' ture
~~~'~~~,_ ~s1' Roberto Datorre, President
Print Name ~ Print Name and Title
~FRONED A$1'+0 ''.~~.=--.. APPROVED AS T4
F:IRHCDI$ALLUiSG-cLAp;NN ~~I,~l~2atas FORM 8~ LANGUAGE ~ -
- ~~ ExECUTtoN :tt .~~. - ~ l~oR EXECUTION ~ . .
~~~..
13 Z ~ .,,,~~
C~ . ey pew City Attomey~~ Date
i `~ ~
Attachment I-A
Crespi Project Acquisition
%~ ~~
/./ i"~
HUD-1 U.S. Department of Housing
A. Settlement Statement and Urban Development OMB No. 2502-0265
8. Type of Loan
L.~ 1. FHA 1`1 2. FmHA (~1 3. Conv. Unins. 6. File Number 7. Loan Numbar 8. Morlg. ins. Case Num.
4. V.A. ~~ 5. Conv. Ins. DA-0935-01
ID:
C. NOTE:This form is furnished Lo give you a statement of actual settlement costs. Amounts paid ro and by the settlement agent are shown. Items
marked `(p.o.c.)" were paid outside the dosing; they are shown here for informational purposes end are not included in the totals.
D. NAME OF BORROWER: Miami Beach Community Development, Corp, a Non Profit CorporeUon
Address of Borrower: ~~ ~~
E. NAME OF SELLER: Crespl LLC, a Fiodda Limited Liability Company
Address of Seller: 890 South Dixie Highway ,Coral Gables, Florida 33146 TIN:
F. NAME OF LENDER:
Address of Lender:
G. PROPERTY LOCATION: 7871 Crespi Boulevard ,Miami Beadr, Fonda 33140
H. SETTLEMENT AGENT: Gerald K. Schwartz, P.A. TIN: 26-2582997
Piave of Settlement: 1111 Lincoln Road ,Suite: 400, Miami Beach, Florida 33139 Phone: 3D5.673-1101
I. SETTLEMENT DATE: 12/1109 DISBURSEMENT DATE: 1211109
J. Summa of borrower's transaction K. Summa of seller's transaction
100. Gross amount due from borrower: 400. Gross amount due to seller:
101. Contract sales price 1,150,000.00 401. Contract sales price 1,150,OOD.00
102. Personal Property 402. Personal property
103. Settlement charges to lxxrouver (Line 1400) 11,992.50 403.
104. 404.
105•
Ad'ustments for items aid b seller In advance: 405.
Ad ustments for items aid b seller in advance:
1D6. City/town taxes 406. Citynown taxes
107. County taxes from 12n)1n?9 to 12/31/09 2,090.21 407. County faxes hom 12n)1/09 to 12/31/09 2,090.21
108. Assessments from 12101!09 to 12!31/09 408. Assessments from 12/01/09 to 12/31/09
109. Waste Management from 12/01/09 to 12/31/09 409. Waste Management from 12/01/09 to 12/31/09
110. 410.
111. 411.
112. 412.
120. Gross amount due hom borrower:
200. Amounts id or in behalf of borrower: 1,164,082.71 420. Gross amount due to seller:
500. Reductions in amount due to seller: 1,152,090.21
2D1. Depositor earnest money 5,000.00 501. Excess deposit (see instrudions)
202. Prindpal amount of new ban(s) 502. Settlement charges to seller (line 1400) 110,542.22
203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to
204. Prindpal amount of second mortgage 504. Payoff of first mortgage loan
205. 505. Payoff of second mortgage loan
206. 506. Deposits held by seller
207. Prindpal amt of mortgage held by seller 507. Prindpal amt of mortgage held by seller
208. 508,
209. Rent Pro-Ration
Ad'ustments for items un id b seller: 509. Rent Pro-Ralion
Ad'ustments for items un aid b seller:
210. Cirynown taxes 510. City/town taxes
211. County taxes 511. County taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220. Total paid by/for borrower:
300. Cash at settlement fromlto borrower: 5,000.00 520. Total reductions In amount due seller:
600. Cash at settlement to/from seller. 110,542.22
301. Gross amount due from borrower
(Ilne 120) 1,764,082.71 601. Gross amount due to seller
(line 420) 1,152,090.21
302. Less amount paid by/for the borrower
(line 220) (5,000.00) 602. Less total reductions in amount due seller
(line 520) (11D,542.22)
303. Cash ( Q/ From ~ To )Borrower. 1,159,082.71 603. Cash (~ To ~ From )Seller. 1,041,547.99
Substitute Forth 1099 Seller Statement: The Information contained in blocks E, G, H, and I and on line 401 Is important tax information and Is being
furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you If this item Is required to be reported and
the IRS determines that it has not been reported.
Seller Instructions: If this real estate was your Prindpal residence, file Form 2119, Sale or Exchange of Prindpal Residence, for any gain, with your tax
reium; for other transactions, complete the applicable parts of Forth 4797, Form 6262 and/or Schedule D (Porto 1040).
i"
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DoubleTime(9
ATTACHMENT I A
i
rluD-1
1 I C fbnarlmnnl of Hnrreinn and t lrhan Ilnvdnn,..ear
L. Settlement char s Borrower PO POC
700. Total Sales/Brokers Com. based on pnce 51,075,000.00 y, o paid from
Borrower's Pafd from
Sellefs
701. % to Funds at
S Funds at
102. ^io to ettlement Settlement
703. Commissbn Id at settlement
704. fo
800. !lams able in connection with loan; 8wraver POCSeller POC
801. Loan origination fee ~/, tp
802. Lean discount % to
803. Appraisal fee to
804. Credit report b
805. LerWeYSinspecUonfee b
806. Mortgage insurance appliraUon lee 10
807. Assumption Fee to
808. to
809. to
810. tp
811. tp
900. Items re ulred b lender to be aid in advance: Borrower POCSeIiarPOC
901. Interest from to @ !day
802. Mortgage insurance premium for months to
903. Hazard insurance premium for years to
904. Flood insurance prenuum for years to
~5• years to
1000. Reserves de sited with lender: BorrowerPOCSeIierPOC
1001. Hazard insurance months
@ per month
1002. Mortgage insurance
months @ per month
1003_ City property taxes
months @ per month
1004. County property taxes months @ per month
1005. Annual assessments
months @ per month
1006. Food insurance months per month
1007. months @ per month
1008.
months @ per month
1009. Aggregate accounting adjustment
1100. Title char es: BorrowerPOCSeIIerPOC
1101. SetOement or closing fee to Gerald K. Schwartz, P.A. 350.00
1102. Abstract or UUe search to Gerald K. Schwartz, P.A. 195.00
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary Tees to
1107. Attorneys Fees to Gerald K. Schwartz, P.A. 5 OOO,DO
(includes above Item numbers: )
1108. Title Insurance to Old Republic Nat. Titte/Gerald K. Schwartz 5,450.00
(includes above Item numbers: )
1109. Lender's coverage (Premium):
1110. Owner's coverage (Premium : 51,150,000.00 ($5,450.00)
1111. Endorse: F9.1-545.00 545 ~
1172. Storage/ Courier/Federal Express and A to Gerald K. Schwartz, P.A. 250.00 50.00
1113. Wire Fee to Gerald K. Schwartz, P.A.
1200. Government recordin and transfer char s: 80.00 50.00
7201. Recording fees Deed $18.50 Mortgage(s) 5299.00 Releases 317.50 86.50
1202. City/county tax/stamps Deed $5,175.00 Mortgage(s) 5,175.00
1203. State tax/stamps Deed 56,900.00 Mortgage(s) 8,900.00
1204. to
1205. to
1300, Additional settlemen! char s: 8orrowerPOC5eilerPOC
1301. Survey to
1302. Pestlnspection to
1303. Lien Seach b Florida Properly Search, inc. 245.00
1304. 2009 Real Estate to Miami-Dade Tax Coleclors 24,610.65
1305.2008 Real Estate Tax Certificate to Miami-Dade Tax Collectors 73,230.07
1306. to
1307. to
1308. to
1309.
1400. Total settlement charges:
Enter on lines 103; Section J-and 502 Sectbn K 11,992.50 110,542.22
i ~
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% - '~
DoubleT'ime®
HUD-1 SETTLEMENT STATEMENT ADDENDUM
File Number: DA-0935-01
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true
and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I
further certify that I have received a copy of the HUD-1 Settlement Statement.
Borrower{s)
Seller(s)
Settlement Agent
The HUD-1 Settlement Statement which 1 have prepared is a true and accurate account of this transaction. 1 have
caused or will cause the funds to be disbursed in accordance with this statement.
Gerald R. Schwartz, P.A.
BY~ Date:
~~
WARNING: It is a crime to knowingly puke false statements to the United States on this or any other similar form.
Penalties upon conviction can inchide a fine and imprisonment. For details see: Title 18 U.S. Code Section 100'!
and Section 1010.
DoubleTimeO
Attachment I-B
Project Costs
=' i ~ ,
Madelleine Apartments - 7871 Crespi Boulevard
.•
~,~
Purchase Price
°
A uisition Closin Costs s . -.:p , y .,~ ~. .,~ 04 ,~. ~ , v , ~. .,..:~ tE •JVJt. • ,.~
, '
e J C . t _ _ . ~ 4 .y~,~. ; .~. .
i ; , t, ,. , to .p~.~ : , f.
1,150,000
1,150,000
jr,)
15,000
Ins coon Fees 5,000
A raisal 1,950
Surve 800
Architectural Fees 20,000
Environmental B,OOD
Insurance Builder's Risk 20,000
Permits Fee 11,500
Pro a Taxes 26,988
Contin encies 5,000
Pro'ecl-S ecific Audit 5,000
Develo er's Fee
pl ® ° ~ e . thv uF;~x:~
`• J~t.~ET ~S~x . 4:M.. :,u~~ s . ~,_kc°. .. a b~ z ~s4~.,° 88,440
207,678
_ 0 E Sys _ -~ ' ~G~ ~ ~' z _ui. ~ ~'~_
General Cond. Su erintendent ~~Y't ~' ~ ~
INC
General Cond. Pro'ect Mana er INC
General Labor 30,000
Tele hone INC
Tem ora Power/Utilities 8,000
Small Tools 600
Water & Ice 250
Mobilization & Set U 2,000
Dum sters 4,500
OSHA Re uirements 250
Termite Control Soil Pre 2,000
Fences & Gates 5,600
Irri anon 2,200
Landsca in 5,000
Precast Concrete 15,000
Trim Car ent 8,000
Cabine Nannies 27,500
Water roofin Caulkin 800
Roofin 39,000
Metal Doors 8 Frames 4,200
Wood Doors & Frames 3,200
Entrance Doors g,OD0
Windows 46,000
Hardware 2 ODp
Mirrors/Medicine Cabinets 4,OOp
G sum Wallboard S stems 18,pOp
Fire Ratin 1,700
Ceramic Tile at Bathrooms 4,200
Ceramic Tiles at Livln Areas 33,000
Window Sills 3,800
Baseboards 4,500
Paintin 20,100
Mailboxes 350
Closet Wire Shelvin 2,800
Toilet Access. Standard 2 400
Rental E ul ment 900
Kitchen A liances 22 400
Plumbin 65,500
Fire Extin uishers 550
HNAC 51,200
Electrical 57,500
Fire Alarm S stem 25 000
Su ervislon/Adminlstration 55,000
Sub-Total HARD COSTS 587,000
Contin en --~
° ° ° _
" - _~;
a
- 150,000
737,000
o ~ •~ • i
~.
ATTACHMENT I B
Attachment 11
Operating Proforma
r
ATTAC~IMENT IT
DEVELOPMENT PROFORMA
Building address: 7871 Crespi Boulevard, Miami Beach, FL 33140
COST USES
Purchase Price: $1,150,000.00
Construction: $ 600,000.00
Construction Contingency: $ 150,000.00
Pre-Development Costs: $ 63,800.00
Total Development Costs: $ 1,963,800.00
Developer Fee & Overhead; ~ ' 97.656.00
Total Project Cost: $ 2,061,456.00
SOURCES
Neighborhood Stabilization 1 funds $ 2,061,456.00
F:IRHCDI$ALIViSG-CDIMARIA SIERRAINSP 11ATTACHMENT I and Il.doc
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ATTACHMENT II
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Attachment III
Secondary Project Description
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Attachment IV
Program Statutes and Regulations
~ ~-.
% ~ .~
Program Statutes and Regulations
By signature of this Agreement, the Contractor hereby certifies that it will comply with the following applicable federal and
state requirements:
1. Community Development Blodk Grant, Final Rule, 24 C.F.R., Part 570.602;
2. Florida Small and Minority Business Act, s. 288.702-288.714, F.S.;
3. Florida Coastal Zone Protection Act, s. 161.52-161.58, F.S.;
4. Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, F.S.;
5. Title I of the Housing and Community Development Act of 1974, as amended
6. Treasury Circular 1075 regarding drawdown of NSP funds
7. Sections 290.0401-290.049, F.S.;
8. Rule Chapter 9B-76, Fla. Admin. Code.;
9. Department of Community Affairs Technical Memorandums;
10. HUD Circular Memorandums applicable to the Small Cities CDBG Program;
11 Single Audit Act of 1984;
12. National Environmental Policy Act of 1969 and other provisions of law which further the purpose of this Act;
13. National Historic Preservation Act of 1966 (Public Law89-665) as amended and Protection of Historic Properties (24 CFR Part 800);
14. Preservation of Archaeological and Historical Data Act of 1966;
15. Executive Order.11593 -Protection and Enhancement of Cultural Environment;
16. Reservoir Salvage Act;
17. Safe Drinking Water Act of 1974, as amended;
18. Endangered Species Act of 1958, as amended;
19. Executive Order 12898 -Environmental Justice
20. Executive Order 11988 and 24 CFR Part 55 - Floodplain Management;
21. The Federal Water Pollution Control Act of 1972, as amended (33 U.S.C., s. 1251 etseq.);
22. Executive Order 11990 -Protection of Wetlands;
23. Coastal Zone Management Act of 1968, as amended;
24. ~Id and Scenic Rivers Act of 1968, as amended;
25. Clean Air Act of 1977;
26. HUD Environmental Standards (24 CFR Part 58);
27. Farmland Protection Policy Act of 1981;
28. Clean Water Act of 1977;
29. Davis -Bacon Wage Rate Act;
30. Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. s. 327 et. seq.; ,
31. The Wildlife Coordination Act of 1958, as amended;
32. The Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1975 (42 U.S.C., s. 6901 et. seq.);
33. Noise Abatement and Control: Departmental Policy Implementation, Responsibilities, and Standards, 24 CFR Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L. 92-234;
35. Protection of Historic and Cultural Properties under HUD Programs, 24 CFR Part 59;
36. Coastal Zone Management Act of 1972, P.L. 92-583;
37. Architectural and Construction Standards;
38. Architectural Barriers Act of 1968, 42 U.S.C. 4151;
39. Executive Order 11296, relating to evaluation of flood hazards;
40. Executive Order 11288, relating to prevention, control and abatement of water pollution;
41. Cost-Effective Energy Conservation Standards, 24 CFR Part 39;
42. Section 8 Existing Housing Quality Standards, 24 CFR Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act, 29 U.S.C., s. 201 et. seq.;
45. Title VI of the Civil Rights Act of 1964 -Non-discrimination;
46. ,Title VII of the Civil Rights Act of 1968 -Non-discrimination in housing;
47. Age Discrimination Act of 1975;
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community Development Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 and 24 CFR Part 8;
51. Executive Order 11063 -Equal Opportunity in Housing;
52. Executive Order 11246 -Non-discrimination;
53. Section 3 of the Housing and Urban Development Act of 1968, as amended - EmploymentlTraining of Lower Income Residents and Local
Business Contracting;
54. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, P.L., 100-17, and 49 CFR Part 24;
55. Copeland Anti-Kickback Act of 1934;
56. Hatch Act;
57. Title IV Lead-Based Paint Poisoning Prevention Act (42 U.S.C., s. 1251 et. seq.);
58. OMB Circulars A-87, A-102, A-122, and A-133, as revised;
59. Administrative Requirements for Grants, 24 CFR Part 85;
60. Section 102 of the Department of Housing and Urban Development Reform Act of 1989 and 24 CFR Part 12.
61. Title III of Division B of the Housing Recovery and Economic Act of 2008 (HERA), P.L. 110-289.
62. Approved State of Florida 2008 Action Plan Substantial Amendment ..
63. Federal Register Notice Numbers 5255-N-01 and 5255-N-02.
_/ / i
ATTACHMENT iV
Attachment V
-Certification of NSP1-Funded Construction/Rehabilitation
Projects
~ /
Certification of NSP1-Funded ConstructionlRehabilitation Projects
- If the Developer anticipates using-~NSP1 funds for construction or rehabilitation, the
following federal and City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the Project must be approved
by the City's departments of Planning; Public Works; Building; Code Compliance; Fire; and
the Office of Real Estate Housing and Community Development. If the Project is located
in the Miami Beach Architectural District, or affects a building listed or eligible for listing on
the National Register of Historic Places, all plans and specifications must be approved by
the State Historic Preservation Office (SHPO), in accordance with the Memorandum of
Understanding between the SHPO and the City.
B. The City shall not be obligated to pay any funds to the Project prior to the completion by
the City of an environmental review of the Project, and said review is approved by any
government agencies as may be required by law.
C. The Developer will assure all wages paid to construction workers by it or its subcontractors
are in compliance with federal, State and local labor requirements. The Developer agrees
to include in the construction bid specifications in connection with this Agreement the
applicable Federal Wage Determination assigned to this Project by HUD. The Developer
must also inform its contractor/subcontractors that they will be required to submit
.documents after aCity-conducted pre-construction conference and prior to construction.
Weekly and/or monthly reports must be submitted thereafter, as required by the federal
government.
D. The Developer agrees to comply with, and to assure that its subcontractors comply with,
the federal Office of Management and Budget (OMB) Circular Number A-102 Attachment
E for programs funded in whole or in part by NSP1 funds; with federal OMB Circular A-102
Attachment O for the procurement of supplies, equipment, construction and services; and
with Federal Management Circular A-87; or any other applicable OMB circular.
E. Pursuant to Section 109 of the Act, the Developer specifically agrees that no person. shall
be denied the benefits of the program on the grounds of race, color, sex, religion or
national origin.
F. The Developer agrees, on its own behalf and on behalf of its contractors and
subcontractors, to take affirmative action in attempting to employ low income and minority
persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Section 287.055, Florida Statute,
certain professional services must be competitively selected. The competitive selection
process must include a public advertisement; issuance of a request for proposals; and a
competitive review based on uniform criteria. Selection criteria must consider the basic
qualifications, professional competence, experience and suitability of each firm. Fees for
professional services must be requested as a fxed sum and not stated as a percentage of
construction costs.
%~ ; ~
Page 1 of 2
ATTACHMENT V
H. Afl documents, bid specifications, notices and construction drawings must be submitted for
the review and approval of the City's Office of Real Estate Housing and Community
Development prior to public advertisement:
The bidding process for construction contracts must include a formal advertisement,
published in The Miami Review, Dodge Reports and The Miami Builder's Exchange. This
announcement must include the following:
The date, time and place that bid documents are available, and -the same
information for any pre-bid conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and
a performance and payment bond equal to 100% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of the
Project and the various applicable federal regulations.
The City reserves the right to be present at the time of bid openings. If City NSP1 monies
are the sole funding source, the City may require that bids be received and opened by the
City's Procurement Department.
K. The Developer agrees to submit to the City's Office of Real Estate, Housing and
Community Development all documentation of the steps followed in the selection of
professional services and construction contracts.
L. The Developer agrees to specify a time of completion and include a liquidated damage
clause in all construction contracts. Cost plus a percentage of cost, and percentage of
construction cost contracts will not be permitted.
M. If the Developer is awarded NSP1 funds, other conditions and requirements will be
specified in the funding agreement.
N. The Developer agrees that it will not start construe#ion until an official "Notice to Proceed"
has been issued.
O. Pursuant to 24 CFR 570.608, and the new provisions in the Economic and Community
Development Act of 1974 as amended, the Developer agrees to comply with the
inspection, notification, testing and abatement procedures concerning lead-based paint.
1 hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's Project depends upon compliance
with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature ~ ~ "
~~
ob~~ ~.
Print Name of Authorized Signatory
~ Zl0 ~d
Date
Print Title o~Authorized Signatory
Page 2 of 2
Certification of Lead Based Paint Requirements
APPLICABILITY:
A. The lead based paint rule applies to NSP1-funded housing activities involving
construction, purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
Emergency repairs {but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances.for funds
6. Other single-purpose activities that do not include physical repairs or remodeling
of applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000
per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Developer shall be required to test the lead content of chewable surfaces of an
apartment building to be rehabilitated, if there is a family residing in one of the units with a child
under seven years of age with an identified elevated blood level condition (concentration of lead
in blood of 25 micrograms per deciliter or greater) and the building was constructed prior to
1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five
feet from the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that
are readily accessible to children under seven years of age, and all interior surfaces of a
residential structure.
Lead content shall be #ested by using an x-ray fluorescence analyzer or other method
approved by HUD. Test readings of 1 mg/cm or higher shall be considered positive for
presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed
rehabilitation work. All chewable surfaces in any room found to contain lead based paint must
be treated before final inspection and approval of work. Similarly, all exterior chewable surfaces
must be treated when they are found to contain lead based paint.
,/ ~ '~ ,/
Page 2 of 2
Minimum treatment involves covering or removing the painted surfaces.=''Washing and
repainting without thorough removal or covering does not constitute adequate treatment.
i i
,,
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth
barrier. Depending on the wall condition, permanently attached, non-strippable wallpaper may
be applied. Covering or replacing trim surfaces is also permitted.
Removal can be accomplished by scraping, heat treatment (infrared or coil type heat
guns) or chemicals. Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based
paint contained in this Certification, and understand that my organization's Project
eligibility depends upon compliance with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature
~~ ~~
Print Name of Authorized Signatory
~IZG ~iv
Date
Print Title of Authorized Signatory
%~
~.
,~
Page 2 of 2
Certif cation Regarding Lobbying
Name of Recipient:. CITY OF MIAMI BEACH
Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
any employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
2. !f any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and
contracts .under grants, loans, and cooperative agreements) and that all individuals
receiving sub-awards shall certify and disclose accordingly.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature
~~~ ~~~
Print Name of Authorized Signatory
;~
Date
r~s~ ~ .
Print Title of Authorized Signatory
_/
Page 1 of 1
Certification Regarding Drug-Free Workplace Requirements
Name of. Recipient:..
Name of Sub-recipient:
Date:
CITY OF MIAMI BEACH
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
The Developer shall insert in the space provided below the site(s) expected to be used for the
performance of work under the grant covered by the certification:
Place of Performance (include street address, City, County, State, and zip code for each site):
~~~ !l h' ~ Cc~ Ca C
~; ~~~r ~ ~~u ~~r
~I
~ ~ ~~
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Signature
~~~ ~ '~ee-~y~~-
Print Name of Authorized Signatory
~~
,~
/~2 (~ /1 d
Date
Y~~i ~-~^
Print Title of Authorized Signatory
~~ ~
Page 1 of 1
-`~~ Acknowledgement of Disability Nondiscrimination Affidavit
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
AUTHORIZED AGENT.COMPLETING AFFIDAVIT
POSITION ~r~ ~ ~fi PHONE NUMBER ~)
I -r" r 1~~ being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees
to continue to comply with, and assure that any subcontractor, or third party contractor
under this Project complies .with all applicable requirements of the laws listed below
including, but not limited to, those provisions pertaining to employment, provision of
programs and services, transportation, communications, access to facilities, renovations,
and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42
U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I,
Employment; Tittle II, Public Services; Title III, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Signature
/~2( ~/~
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on. by
(Date)
~DD~X ~ ~Q,t~UNYe' He/She is personally known to me or has
(Affiant)
Presented as identification.
(Type of identification)
(Signature of y)
(Serial Number)
(Print or Stam t (Expiration Date)
Nota Public :°~YP`Q`'~• NotaryPinadaStateofFlorida
ry (State) Notary Seal
Nf -~ Y MX Comm!ssion Op8083i3
The City of Mi T~ ~euail,~~at~a~nrarrt a contract o any firm, corporation or organization that fails to
complete and poration or organization's bid or proposal or fails to
'fiave this Affidavit on file with the Cit~of Miami Beach. ~~ ,j
/ ~/
Page 1 of 1
-'"~ Certification '~
- Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Date:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. All construction or rehabilitation plans and specifications for the Project must be approved
by the City's departments of Planning, Public Works, Fire and Building, and by the City's
divisions of Community Development and Code Compliance.
2. If the Project is located in the Miami Beach Architectural District, or affects a building listed.
or eligible for listing on the National Register of Historic Places, all plans and specifications
must be approved by the State Historic Preservation Office (SHPO), in accordance with the
Memorandum of Understanding between the SHPO and the City.
3. The Sub-Recipient certifies that it intends to comply with efforts to identify, evaluate and
appropriately condition Project activities to avoid, minimize or mitigate adverse Project
impacts to any properties listed, or which satisfy the criteria of eligibility for listing (36 CFR
60.4), in the Nationa! Register of Historic Places.
4. Name and telephone number of individual designated to fulfill these conditions (include
street address, city, county, state, zip code and area code):
l f~ l'h i ,Gti
..~~
~'1,u~,
I hereby acknowledge that I have read the specific requirements contained in this
Certification, and that eligibility of my organization's Project depends upon compliance
with the requirements contained in this document.
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION
~ o
Print Name and Title of Authorized ignatory
F:\RHCD1$ALL\HSG-CD\COOIMNSP 1\Certifications Constr -Blank Form.doc
/ -~ .
Aut rized nature
l 2 ~ ~U
Date
/ ~
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Page 1 of 1
Warrantiesand Representations
Financial Management
Contractor's financial management system must include the following:
(1) Accurate, current and complete disclosure of the financial results of
this project or program.
(2) Records that identify the source and use of funds for all activities.
These records shall contain information pertaining to grant awards,
authorizations, obligations, unobligated balances, assets, outlays,
income and interest.
(3) Effective control over and accountability for all funds, property and
other assets. Recipient shall safieguard alf assets and assure that they
are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request
For Payment. Whenever appropriate, financial information should be
related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and
reasonable under the provisions of the applicable OMB cost principles
and the terms and conditions of this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
All procurement transactions shall be done in a manner to provide open and free
competition. The Contractor shall be alert to conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate
competition or otherwise restrain trade. In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for
bids and/or requests for proposals shall be excluded from competing for such
procurements. Awards. shall be made to the bidder or offeror whose bid or offer is
responsive to the solicitation and is most advantageous to the Recipient,
considering the price, quality and other factors. Solicitations shall clearly set forth
all requirements that the bidder or offeror must fulfill in order for the bid or offer to
be evaluated by the Contractor. Any and all bids or offers may be rejected when
it is in the Contractor's interest to do so.
i' ! ,~' i
Codes of Conduct
The Contractor shall maintain . written.. standards of conduct governing the
performance of its employees engaged in the award and administration of
contracts. No employee, officer, or agent shall participate in the selection, award,
or administration of a contract supported by public grant funds if a real or
apparent conflict of interest would be involved. Such a conflict would arise when
the employee, officer, or agent, any member of his or her immediate family, his or
her partner, or an organization which employs or is about to employ any of the
parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Contractor shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors or
parties to subcontracts. The standards of conduct shall provide for disciplinary
actions to be applied for violations of the standards by officers, employees, or
agents of the Contractor.
Business Hours
The Contractor shall have its offices open for business, with the entrance door
open to the public, and at least one employee on site at al! reasonable times for
business. "Reasonable" shall be construed according to circumstances, but
ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time,
Monday through Friday.
I_icensin,~ and Permitting
All subcontractors or employees hired by the Contractor shall have all current
licenses and permits required for all of the particular work for which #hey are
hired by the Contractor.
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Certification Regarding
Debarment, Suspension, Ineligibility And Volun#ary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, ,certifies, by submission of this
document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the Contractor's subcontractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
(Sub-Contractor's Name)
{Recipient's Name)
(Authorized Signature)
(Print Name and Title)
(Street Address)
(City, State, Zip)
24
Date:
10DB-4X-11-23-02-F 16
(DCA Contract Number)
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A. For each professional services contract for which NSP funding will be requested,
the Contractor shall submit a copy of the following procurement documents:
1. Public notice of the Request For Proposals, including an affidavit of publication;
2. List of entities to whom a notification of the request For Proposals was provided
by mail or fax {if applicable);
3. For engineering contracts, a list of firms that submitted a proposal (only if short-
listing procedure was used);
4. Completed short-listing evaluation/ranking forms, including any ranking summary
document, and document transmitting the short-listed firms to the Contractor
(only if short-listing procedure used);
5. Completed and signed final evaluation/ranking forms;
6. Con#ractor minutes approving contract award;
7. Cost breakout from selected firm used for completion of the cost analysis (if
pricing information was not submitted with proposals);
8. Contract (signed or proposed);
9. Truth-in-Negotiation certification (if not in the contract) for engineering contracts
more than $150,000;
10. If a protest is filed, a copy of the protest and documentation of resolution;
11.A request for the City's and State's Department of Community Affairs approval of
a single source procurement if only one firm was considered and the contract
exceeds $25,000. Additionally, the Contractor sha!! not enter into a contract to be
paid with NSP funds based on a sole source ~or single proposal procurement
without prior written approval from the City and the State's Department of
Community Affairs. Failure to secure prior written approval shall relieve the City
and the State's Department of Community Affairs of any obligation to fund said
contract. Any previous payments to the Contractor to fund said contract shall be
repaid to the City and the State's Department of Community Affairs by the
Contractor.
B. The Contractor shall obtain approval from the City and the State's Department of
Community Affairs prior to requesting NSP funds for engineering ac#ivities and
costs which are additional engineering as defined in Rule Chapter 9B-76, Florida
Administrative Code.
C. Should the Contractor undertake any activity subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), the
Contractor shall document completion of the acquisition by submitting all
documentation required for a desk monitoring of the acquisition, including notice
to the property owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as
applicable: The documentation shall be submitted prior to completing the
~ acquisition (closing) so that the City and the State's Department of Community
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Affairs can determine whether remedial action may be needed. This program
shall remain in effect until the City and Contractor are released by the State's
.Department of Community Affairs through written notification.
D. The Contractor will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (42 USC 4601), and implementing regulations at 49 CFR Part
24, except as those provisions are modified by the Notice for the NSP program
published by HUD. NSP requires an exception to the Uniform Relocation Act and
purchase price requirements under CDBG regulations. URA requires that sellers
of property acquired with CDBG funds be paid an amount equal to the appraised
value of the property. Properties receiving NSP funds must be purchased at a
price which is at least 1 % less than the current appraised value of the property.
An appraisal by the purchasing entity is required and must have been done
within 60 days of any offer. Ali other URA requirements, including relocation,
continue to apply.
E. The Contractor shall affirmatively further fair housing, pursuant to 24 CFR
Section 570.487(b)(4). "Annually" shall be defined as an activity for each year or
one-third thereof from the effective date of the Agreement to the date of
submission of the administrative closeout package.
F. The resulting product of any activity funded under this Agreement as amended
shall be ineligible for rehabilitation or replacement with NSP funds for a period of
five {5) years.
G. Any interest in real property (excluding easements) which is assisted, acquired or
improved with NSP funds shall be subject, at a minimum, to the affordability
requirements of 24 CFR Sections 252 and 254. The restrictive covenants shall
be recorded in the public records of the county where the real property is located,
and shall tie enforceable with respect to the real property for the entire period of
affordability. This restriction shall limit the use of that real property #o the use
stated in the Sub-grant Application. Any future disposition of that real property
shall be in accordance with 24 CFR Section 85.31. Any future change of use
shall be in accordance with 24 CFR Section 570.489(j).
H. The activities concerning (ead-based paint will comply with the requirements of
24 CFR Part 35, subparts A, B, J, K, and R. For structures constructed prior to
1978, the Recipient shall require that appropriate abatement procedures will be
undertaken if lead-based paint is found on a structure scheduled for rehabilitation
in whole or in part with NSP funds and that the owners and/or occupants of the
building will be advised:
a. The property may contain lead-based paint;
b. The hazards of lead-based paint;
~c. The symptoms and treatment of lead poisoning;
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d. The precautions to ~be taken to avoid lead-based paint poisoning (ineliading
maintenance and removal techniques for eliminating such hazards); and
e. The need for and availability of blood lead-level screening for children under
seven years of age.
The Contractor shall comply with the historic preservation requirements of 24
CFR 58.17 and the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
J. Pursuant to Section 102(b), Public Law 101-235, 42 U.S.C. Section 3545, the
Contractor shall update and submit Form HUD 2880 to the City within 30 days of
the Recipient's knowledge of changes in situations which would require that
updates be prepared. The Recipient must disclose:
a. All developers, contractors, consultants, and engineers involved in the
application or in the planning, development, or implementation of the project or
NSP funded activity; and
b. Any person or entity that has a financial interest in the project or activity that
exceeds $50,000 or ten percent (10%) of the grant, whichever is less.
K. Conflicts of interest relating to procurement shall be addressed pursuant to 24
CFR 570.489(g). Conflicts of interest relating to acquisition or disposition of real
property; NSP financial assistance to beneficiaries, businesses, or other third
parties; or any other financial interest, whether real or perceived, shall be
addressed pursuant to 24 CFR. 570.489(h).
L. The Contractor shall take photographs or video of all ac#ivity locations prior to
initiating any NSP-assisted activity. As the construction progresses, additional
photography or videography shah document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations will be
provided to the City and the State's Department of Community Affairs with the
administrative closeout package.
M. If an activity is designed by an engineer, architect, or other licensed professional,
it shall be certified upon completion by a licensed professional as meeting the
specifications of the design, as may have been amended by change orders. The
date of completion of construction shall be noted as part of the certification. This
certification shall be accomplished prior to submission of an administrative
closeout package, and a copy of the certification shall be submitted with the
administrative closeout package.
N. The Contractor warrants that it possesses the legal authority to carry out the
programs for which it is seeking funding, in accordance with applicable HUD
regulations and other program requirements.
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O. The Contractor shall comply with section 3 .of the .Housing and Urbari
Development Act of 1968 (12 U.S.C. 1701 u), and implementing regulations at 24
CFR Part 135.
P. The Contractor will comply with the requirement that all of the NSP funds made
available to it will be used with respect to individuals and families whose incomes
do not exceed 120 percent of area median income. All funds allocated to assist
the NSP Low-Income (NSPLI) target population must be used to provide rental
housing for those individuals and families whose incomes do not exceed 50
percent of area median income.
Q. The NSP grant will be conducted and administered in conformity with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2OOOd), the Fair Housing Act (42 U.S.C.
3601-3619), and implementing regulations.
R. The Contractor acknowledges and agrees to comply with the requirement that all
purchases of foreclosed or abandoned property must be purchased at a price
which is at least 1 % below appraised value for individual purchase transactions,
with the appraisal being conducted within 60 days of the final offer to the
purchase being made.
S. Contractor shall warrant and assure that no entity receiving NSP funds has been
convicted of a State or Federal felony crime involving fraud, bribery, theft,
misrepresentation of material fact, misappropriation of funds, or similar criminal
offenses within ten years preceding execution of this Agreement.
T. Contractor shall warrant and assure that no entity receiving NSP funding has
defaulted on any obligation covered by a surety or performance bond, or been
the subject of a claim under an employee fidelity bond.
U. ~ -Contractor shall warrant and assure that no entity receiving NSP funds has
unresolved findings that were raised as a result of any City, State's Department
of Community Affairs or HUD audit, management review, or other government
investigation concerning the entity, its developments, or contracts.
V. Contractor shat! warrant and assure that no entity receiving NSP funds has been
in breach of any agreement relating to construction, rehabilitation, use, operation,
management, or disposition of real property, or had payments suspended or
terminated under any state or federal assistance contract.
W. Before disbursing any NSP funds to any entity, the Contractor must enter into a
I written agreement with that entity. Before disbursing any NSP funds to any entity,
the Contractor must either directly or indirectly oversee the execution of written
agreements with that entity, including sub-recipients, contractors, and property
'~ ~ owners, that ensure the proper use of funds and compliance with applicable
regulations.
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X. The Contractor shall monitor the day-to-day operations of sub-contractor
activities to .assure .compliance with applicable Federal requirements and
performance goals. Recipient monitoring must cover each NSP strategy,
function, or activity.
Y. The Contractor shall provide assistance for the rehabilitation of housing in a
floodplain only after documenting in the rehabilitation case file for that structure
that the City and the Contractor are in compliance with the Flood Disaster
Protection Act of 1973. This documentation must address, at a minimum,
elevation requirements, erosion, and water, sewage, or septic tank requirements.
Each structure located within a floodplain that is rehabilitated to any extent with
NSP funds shall be insured under the National -Flood Insurance Program until at
least submission of the administrative closeout package.
Z. The Contractor must .comply with the NSP Housing Assistance Plan (HAP) that
was provided to the Department as part of the application process. The
Contractor agrees that this Housing Assistance Pian will be followed unless
waived by the City and approved by the State's Department of Community
Affairs. City and Department approval is required for HAP revisions made after
application deadline.
AA. Bids for rehabilitation or reconstruction of housing units shall only be accepted
from contractors who are properly licensed by the State of Florida, Department of
Business and Professional Regulation and any local government agency
responsible for oversight.
BB. Change orders for housing rehabilitation or reconstruction shall be approved by
the housing unit owner or his or her representative, the contractor and a
representative of the local government prior to initiation of work based on that
change order.
CC. To document completion of construction, each housing unit case file shall contain
the following information:
1. A statement from the contractor that afl items on the initial work write-up and
those modified through change orders are complete;
2. An acknowledgment that the housing unit meets the applicable local code
and Section 8 Housing Quality Standards, signed and dated by the local
building inspector or the local government's housing rehabilitation specialist;
and
3. A signed statement by the housing unit owner or his or her representative
that the work has been completed based on the work write-up and change
orders. Should all requirements be fulfilled and the homeowner or their
representative refuse to acknowledge completion of the work, the housing unit
ease file shall be documented with a statement detailing the stated reason for
said refusal
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DD. Contractors are responsible for verifying and maintaining documentation verifying
that households receiving directbenefit, in the form of hook=ups to potable water
and/or sewage collection lines, meet program requirements regarding the low-,
moderate- and middle income national objective. The filing system must be
maintained locally and at a minimum contain the following:
a. The name of the owner, the address of the property, and family size;
b. The method and source of how household income was verified;
c. Documentation that reflects the income of the household is below NSP
income limits based on family size; and
d. The method and source of home ownership was verified with official
documentation.
An acceptable written agreement with the owner(s) as to affordability and subsequent
rate increase, if rental property is involved.
The information must be maintained for review and verification during on-site monitoring
visits.
EE. The following data will be provided by housing unit as part of the administrative
closeout for each NSP activity providing direct benefit (i.e. down payment
assistance, temporary relocation, rehabilitation, etc.) and summarized by activity
and submitted with the administrative closeout package:
a. Address of each housing unit acquired andlor rehabilitated with NSP funds,
the date the construction or sale was completed on the housing unit, and the
amount of NSP funds spent on that housing unit;
b. Whether the household is headed by a female, the number of handicapped
persons in the household, the number of elderly persons in the household,
and the LMMI status of the household;
c. The number of occupants in the household, categorized by gender; and
d The racial demographics of the household by number (white, black,
Hispanic, Asian/Pacific Islander, Hasidic Jew or American Indian/Alaskan
native.
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Attachment VI
NSP.Income Eligibility Requirements
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NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
Income Eligibility Requirements
^ All NSP funds must be used to create affordable rental and homeownership opportunities for
household at or below 120% of Area Median Income (AMI). These households must have incomes
equal to or less than the amounts shown below for their county and household size.
FY 2009 Income for Households at 120% of Area Median Income (AMI)
1 person 2 person 3 Derson 4 Derson 5 person 6 person 7 Derson 8 person
household household household household household household household household
$ 56,600 $ 64,700 $ 72,800 $ 80,900 $ 87,350 $ 93,800 $100,300 $ 106,750
Twenty-five percent of the funds must be targeted to provide homeownership or rental housing to
households at or below 50% of AMI. These households must have incomes equal to or less than
the amounts shown below for their city and household size.
FY 2009 Income Limits for Households at 50% of Area Median Income (AMl)
1 person 2 Derson 3 person 4 person 5 Derson 6 person 7 person 8 person
household household household household household household household household
$ 23,600 $ 26,950 $ 30,350 $ 33,700 $ 36,400 $ 39,100 $ 41,800 $ 44,500
Each household wishing to purchase a home through the NSP must successfully complete HUD
certified housing counseling sessions to ensure that they are mortgage ready and understand the
risks, responsibilities and rewards of homeownership.
HUD established income limits for the Neighborhood Stabilization Program (NSP1) for the City of Miami Beach,
Florida - 2009.
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ATTACHMENT Vt
Attachment VII
Reports
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"~ Reports
The following reports must be completed and submitted to the City in the time
frame indicated. Failure to timely file these reports constitutes a termination for
cause as defined in Section 12.1 of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the City
by April 10 and October 10 annually. The form must reflect all contrac#ual
activity for the period. If no activity has taken place during the reporting
period, the form must indicate "no activity".
2. A Monthly Progress Report must be submitted to the City ten (10) days after
the end of the month on the report form provided by the City. The report is
due on the 10~' of the following month..
3. The Administrative Closeout Package must be submitted to the Department
thirty (30) days after the Agreement termination date.
4. In accordance with OMB Circular A-133, revised, should the Recipient meet
the threshold for submission a single or program specific audit, the audit
must be conducted in accordance with OMB Circular A-133 and submitted
to the City no later than nine (9) months from the end of MBCDC's fiscal
year.
5. The Section 3 Summary Report must be completed and submitted to the
City on a quarterly basis on the following dates: April 15, July15,
September 15, and January 15. The form must be used to report
accomplishments regarding employment and other economic opportunities
provided to persons and businesses that meet Section 3 requirements.
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ATTACHMENT VII
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Attachment VIII
Florida's 2008 NSP Substantial Amendment
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FLORIDA' S
NEIGHBORHOOD STABILIZATION PROGRAM
SUBSTANTIAL AMENDMENT
DECEMBER 1, 2008
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
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ATTACHMENT Vill
NSP SUBSTANTIAL ~~MENDMENT
Jurisdiction(s): State of Florida NSP Contact Person:
Janice Browning, Director, Division of
Jurisdiction Web Address: Housing and Community Development
http://www.floridacommunitydevelopment.org/cdbg/NSP.cfm Address:
2555 Shumard Oak Blvd
Telephone: 850-487-3644
Fax:850-922-5609
Email: Janice.BrownineCa.dca.state.fl.us
A. AREAS OF GREATEST NEED
The national foreclosure crisis has impacted families and communities as well as entire cities and
states which are struggling to manage the abandoned and vacant properties resulting from
foreclosure and subprime mortgages. These vacant and abandoned properties threaten the value
of homeowners, invite crime, and discourage further investment.
Foreclosures are having a multifaceted negative impact on communities and threaten to
undermine strides made by local governments that have increased homeownership, lowered
crime, and made communities healthy places to live. In addition, Florida's supply of affordable
housing is diminishing and assistance to expand the supply must be provided in a way that is
more cost effective. The lack of affordable housing is a significant hardship for many families,
often preventing them from meeting their other basic needs.
The NSP program requires that NSP funds be used to address foreclosure and abandonment in
the "areas of greatest need." Florida has determined that the areas of greatest need, after taking
into account the NSP funds to be distributed by HUD, are those CDBG entitlement and non-
entitlement communities which did not receive NSP funds directly from HUD (see further
discussion under B. (1) Distribution of Funds).
Florida's greatest need determination is based on the limited availability of statewide data with
which to identify greatest needs as defined by federal law and the short time allotted for states to
submit and implement a plan for allocating and spending these funds. HUD determined that
while data on foreclosures, subprime loans, and delinquencies are available from various private
resources at county, zip code, and metropolitan levels, those sources have varying levels of
coverage and transparency regarding how the data are collected and aggregated. HUD further
determined that 75 percent of the variance between states on foreclosure rates can be explained
by three variables (data sources) available from public data:
1) Office of Federal Housing Enterprise Oversight (OFHEO) data on decline in home values
as of June 2008 compared to the peak value since 2000;
2) Federal Home Mortgage Disclosure Act (HMDA) data on percent of all loans made
between 2004 and 2006 that are high cost; and
3) Federal Department of Labor data on unemployment rates in places and counties as of
June 2008.
Because these publicly available- variables are good predictors of foreclosure risk, HUD used
these data sources to estimate the foreclosure rate for each community using a linear regression
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analysis: The resulting estimated foreclosure rate was then multiplied by the estimated number
of mortgages within each jurisdiction to calculate the number of foreclosures in each jurisdiction.
A further modification was made to adjust each jurisdiction's allocation of funds up or down by
the comparative vacancy rates in census tracts with more than 40 percent of loans being high-
cost, which was identified as an indicator of possible imminent foreclosure. In making its direct
funding allocations to communities, HUD established a $2 million threshold for direct NSP sub-
grantees.
Pursuant to HERA law 2301 (c) (2), the State of Florida did give consideration to metropolitan
areas, metropolitan cities, urban areas, rural areas, low and moderate income areas, and other
areas with the greatest need. Further, in accordance with HUD NSP Notice (II B 2), Florida did
consider and include the needs of the entire state and not just the areas not receiving an NSP
allocation.
Data Sources
Attached is the complete table (Atta.chment A) demonstrating the data calculations conducted by
Florida to determine the allocation of NSP funds to the areas of greatest need. The decision was
made to utilize HUD's data and methodology after consulting with several of the state's leading
experts in the areas of housing and fiscal policy. More specifically, Florida collaborated with the
Florida Housing Finance Corporation, the Florida Housing Coalition, the Florida League of
Cities, as well as the Governor's Office of Planning and Budgeting. It was determined that the
HUD data and methodology was best suited for developing an allocation of greatest need in the
short timeframe provided. No other statewide data source was determined to be suitable for use
in the timeframe provided. Further, through stakeholder input and public feedback, it was
determined that there was no consensus on what would be an alternative data source or
methodology.
Relative Need
Through HUD's direct allocation of $450 million to 48 entitlement communities, HUD has
addressed some~ortion of the total need in those communities. By utilizing the same data and
methodology as HUD for determining the extent of need, Florida's $91 million distribution has
attempted to address that same,proportionate share of need for communities that were ineligible
for direct HUD funding and for those communities that fell below HUD's minimum grant level
of $2 million.
For example, the largest HUD direct-funded community in Florida received just over $62
million. This $62 million allocation does not address 100% of the need for that community.
Therefore, Florida determined it was furthering the example set by HUD in allocating funds to
areas of greatest need by attempting to address a comparable level of relative need for
communities that were ineligible for direct HUD funding and for those communities that fell
below HUD's mizumum grant level. By doing so, Florida did consider and include the needs of
the entire state and not just the areas that did not receive an NSP allocation from HUD.
Florida determined that this distribution formula allowed for maximum consideration to
metropolitan areas, metropolitan cities, urban areas, rural areas, low and moderate income areas,
and other areas with the greatest need. Through Florida's NSP allocation, we are attempting to
maximize the NSP dollars. statewide in order o most effectively stabilize. our neighborhoods and .
protect home values.
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Serving the Highest Concentration of Greatest Need
The State of Florida is comprised of 67 counties. Florida's NSP distribution provides funding to
numerous communities that are within the counties that also received direct funding from HUD,
based on HUD's determination of greatest need. Specifically, a city (or cities) may receive state
NSP funds that are geographically located within a county receiving HUD NSP funds. For
example, Florida allocates $2,363,142 to the City of Daytona Beach within Volusia County and
HUD has allocated a total of $11,858,740 directly to Volusia County.
Conversely, Florida allocates funding to counties in which HUD has also allocated NSP funding
to a municipality within the geographic boundaries of a county. A specific example is St. Lucie
County, in which Florida allocates $6,069,997 to St. Lucie County and the City of Fort Pierce;
whereas HUD allocates a total of $13,523,132 to the City of Port St. Lucie within St. Lucie
County.
Overall, Florida determined that 26 communities would receive funding under the State's NSP
program. Of these 26 communities, 10 are either counties or within counties that also received
direct funding from HUD, based on HUD's determination of greatest need. Outlined in the table
below, Florida demonstrates how both HUD and Florida's NSP funds are targeting areas of
greatest need.
County Total HUD-Direct NSP
Allocations by County
(includes direct-funded
cities
State NSP
Allocation
Brevard $10,477,771 $4 033 972
Broward $69,146,875 $2,316,292
Manatee $5 283 122 $2 576 267
Miami-Dade $92,256 166 $2 549,551
Oran e $34 632 03b $1,909 966
Osceola $2,371,749 $14,091,818
Palm Beach $35,013,197 $1 905,005
Pinellas $17,562,721 $2 845,751
St. Lucie $13,523,132 $6,069,997
Volusia $11,858,740 $2,363,142
TOTAL STATE NSP FUNDS ALLOCATED TO
OR WITHIN COUNTIES RECEIVING HUD NSP FUNDS $40,661,761
As a result of the above state NSP allocations, $40,661.761 (or 46%1 of Florida's total NSP
distribution to local government. is allocated to or within counties alreadv determined by HUD to
be areas of greatest need. Based on this fact, it is clear that Florida has demonstrated that it is
funding the areas of greatest need within the state in accordance with both HERA and HUD's
NSP Federal Notice.
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Florida is also providing Attachment B as further demonstration of this point. Attachment B is a
map of Florida identifying both HUD and State NSP funds by County. With Attachment B and
the examples above, it is clear that both HUD and Florida NSP funds aze being allocated to the
azeas in the state with the highest concentration of greatest need.
Ouportunities for Additional Funding
Communities in Florida directly funded by HUD are not precluded from receiving state-allocated
NSP funds. If the communities funded with the state's allocation are determined to lack the
capacity to obligate and spend these funds in a timely fashion, HUD-funded communities that
demonstrate the capacity to obligate and spend funds quickly and effectively are eligible to
receive funds recaptured from those communities initially funded by Florida. In addition,
program income funds may also be re-distributed to HUD direct-funded communities.
B. DISTRIBUTIONAND USES OF FUNDS
(1 f DISTRIBUTION OF FUNDS
Florida's allocation methodology targeted funds to give priority emphasis and consideration to
areas with greatest need as required under Title III of Division B of the Housing and Economic
Recovery Act of 2008 (HERA).
Florida has determined that the methodology used by HUD to make sub-state allocations to
eligible grantees is the most efficient and expeditious way to allocate funds to communities not
funded directly by HUD. Those are the communities Florida will initially target with the $91.14
million. The 48 HUD-funded communities received a share of available funds proportionate to
their level of foreclosure-related need. Using the same data and methodology as HUD for
determining the extent of need, Florida's allocation will fund that same proportionate share of
need for non-entitlement communities that were ineligible for direct HUD funding and those
entitlement communities that fell below HUD's minimum grant level. This will still only fund
26 additional communities throughout Florida. Furthermore, communities in Florida directly
funded by HUD are not precluded from receiving state-allocated NSP funds. If the communities
funded with the state's allocation aze determined to lack the capacity to obligate and spend these
funds in a timely fashion, HUD-funded communities that demonstrate the capacity to obligate
and spend funds quickly and effectively will, be eligible to receive funds recaptured from those
communities initially funded by Florida.
Should Florida receive any future appropriations for the Neighborhood Stabilization Program,
the State will not necessarily utilize the same approach to distribute funding.
REGULAR STATE NSP ALLOCATION
The $91.14 million, after deducting state administrative funds, will be allocated using the same
methodology HUD used to make its sub-state allocations, with a minimum grant level. This
funding will be referred to as the regular state NSP allocation.
Similar to HUD, Florida determined that it would be difficult for a grantee to administer a
smaller program because of the complexities inherent in the problem being tackled and the short
time frame involved. Florida has therefore established a floor of $1.25 million for a NSP regular
grant.
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Recipients of regular NSP grants will be those eligible communities which receive an allocation
at or above the state's minimum grant amount of $1.25 million. Where counties receive a
regulaz state NSP allocation amount based on the inclusion of one or more otherwise unfunded
cities within the county, the county's application to the Department must show how the greatest
need is being addressed in both the unincorporated and applicable incorporated areas in the
county. If a local government chooses not to apply for its regular allocation or applies for or
receives less than its allocation, those funds will be redistributed for use in other communities.
Below are the results of the regular state NSP allocation with minimum grant awards of $1.25
million.
Local Government Allocation Included Cities
Jurisdiction County Amount {not funded by HUD or state)
Alachua County Alachua $1,411,917 All cities included
Bay County Bay $1,615,436 All cities included
Titusville Brevard $1,625,4$1 N/A
Melbourne Brevard $1,343,243 N/A
Davie Broward $1,715,568 N/A
Charlotte County Charlotte $5,364,020 All cities included
Citrus County Citrus $1,478,164 All cities included
Clay County Clay $2,722,894 All cities included
Palm Coast Flagler $2,177,980 N/A
Hernando County Hernando $4,299,472 All cities included
Indian River County Indian River $3,598,543 All cities included
Tallahassee Leon $1,693,435 N/A
Bradenton Manatee $1,975,077 N/A
Ocala Marion $1,313,887 N/A
Martin County Martin $2,645,982 All cities included
Miami Beach Miami-Dade $1,641,832 N/A
Okaloosa County Okaloosa $2,255,252 All cities included
Apopka Orange $1,547,689 N/A
Osceola County Osceola $11,524,826 All cities included EXCEPT Kissimmee
Delray Beach Palm Beach $1,351,043 N/A
Clearwater Pinellas $2,034,862 N/A
Santa Rosa County Santa Rosa $1,662,215 All cities included
St. Johns County St. Johns $1,761,096 All cities included
Ft. Pierce St. Lucie $1,505,403 N/A
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Local Government
Jurisdiction
Allocation
County Amount
Included ~ Cities
(not funded by HUD or state)
St. Lucie County St. Lucie $3,144,510 All cities included EXCEPT Ft. Pierce &
Port St. Lucie
Daytona Beach Wolusia $1,668,161 N/A
Total = S65,077,988
NEIGHBORHOOD STABILIZATIONPROGRAMLOW-INCOME (NSPLI) SUPPLEMENTAL ALLOCATION
A fundamentally important requirement for the use of NSP funds is that each HUD grantee must
use no less than 25 percent of the funds for the purchase and redevelopment of abandoned or
foreclosed upon homes or residential properties that will be used to house individuals or families
whose incomes do not exceed 50 percent of area median income. Florida refers to this
requirement as the Neighborhood Stabilization Program Low-Income (NSPLI) requirement.
Failure to comply with this requirement will jeopardize the remaining 75 percent of the NSP
funds, which must be used to benefit individuals and families whose incomes do not exceed 120
percent of area median income and for state and local administration.
In order to ensure that Florida complies with this requirement, a separate funding allocation shall
be established. These grant awards will provide supplemental funding to each geographic area
receiving a regular state allocation based on both its proportionate allocation of regular state NSP
funds and its proportionate concentration of NSPLI target population. In addition, these funds
will have to be used to provide rental housing for those individuals and families whose incomes
do not exceed 50 percent of area median income.
The funds for the NSPLI supplemental allocation will come from regular state NSP allocations
that fell below the m;n;mum grant amount of $1.25 million. This amounts to $23.0 million, or
25.2 percent of the state's total award from HUD.
Within the supplemental NSPLI geographic areas, the eligible recipient is the regular NSP sub-
grantee. If the regular NSP sub-grantee. does not have at least 5 yeazs experience providing
rental housing to the NSPLI target population, it must either partner with one or more local
housing authority or non-profit organization in the county with such experience or designate one
to be the eligible applicant for supplemental funding.
As a direct NSP grantee, Florida must ensure compliance with the Federal requirement to
address the NSPLI target group. Segregating NSPLI target funds will increase their visibility
and improve the ability to monitor their use. Having a separate NSPLI allocation will also make
it easier for Florida to recapture and reallocate these funds if they are not obligated or spent in a
timely manner.
These funds shall be used to provide rental housing because Florida determined that it will be the
most affordable and feasible option available to the target group in the short timeframe for the
program.
These supplemental funding areas have already been identified as having the greatest need
related to the foreclosure crisis. Factoring in the relative concentration of the NSPLI population
ensures that there will be an adequate number of this target: group to meet this .federal . .
requirement.
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If a local government chooses not to apply for its supplemental allocation or applies for or
receives less than its allocation, those funds will be redistributed for use in other communities.
Below are the results of the supplemental NSPLI allocation.
Local Government Allocation Included Cities
Jurisdiction County Amount (not funded by HUD or state)
Alachua County Alachua $1,517,321 All cities included
Bay County Bay $908,311 All cities included
Titusville Brevard $488,300 N/A
Melbourne Brevard $576,948 N/A
Davie Broward $600,724 N/A
Charlotte County Charlotte $1,423,037 All cities included
Citrus County Citrus $693,256 All cities included
Clay County Clay $915,629 All cities included
Palm Coast Flagler $486,923 N/A
Hernando County Hernando $1,344,912 All cities included
Indian River County Indian River $1,082,282 Ali cities included
Tallahassee Leon $1,252,235 N/A
Bradenton Manatee $601,190 N/A
Ocala Marion $429,318 N/A
Martin County Martin $891,481 All cities included
Miami Beach Mianni-Dade $907,719 N/A
Okaloosa County Okaloosa $1,003,183 All cities included
Apopka Orange $362,277 N/A
Osceola County Osceola $2,566,992 All cities included EXCEPT Kissimmee
Delray Beach Palm Beach $553,962 N/A
Clearwater Pinellas $810,889 N/A
Santa Rosa County Santa Rosa $703,188 All cities included
St. Johns County St. Johns $728,347 All cities included
Ft. Pierce St. Lucie $579,993 N/A
St. Lucie County St. Lucie $840,091 All cities included EXCEPT Ft. Pierce &
Port St. Lucie
Daytona Beach Volusia $694,981 N/A
Total = $22,963,490
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RECAPTURE OF UNOBLICATED FUNDS
In order to ensure that all NSP funds are obligated within 18 months from the date of an executed
agreement between HUD and Florida, as required in Federal Register Notice, Volume 73, No.
194, dated October 6, 2008 and Title III of the Housing and Economic Recovery Act, 2008
(HERA) (Pub. L. 110-289, approved July 30, 2008), Florida will recapture unobligated funds
through the following process for both regular and supplemental grants.
No later than 10 months following execution of the agreement between HUD and Florida,
Florida will recapture all unobligated funds (including applicable administrative funds) from the
sub-grantee except for a specified percent (applied to all applicable sub-grantees) of the original
NSP grant amount.
Again, no later than 1 S months following execution of the agreement between HUD and Florida,
Florida will recapture all unobligated funds from the sub-grantee except for 5 percent of the
original NSP grant amount. .
The amount of unobligated funds that sub-grantees will be allowed to keep at both 10 and 15
months is considered a level they should reasonably be able to obligate by the 18-month
deadline. To establish a state requirement to. recapture all of the unobligated funds at these
milestones would put an unfair burden on those sub-grantees to have to obligate all of their funds
in a shorter timeframe than the already challenging federal requirement of 18 months, as well as
deprive them of the opportunity to obligate or spend any of their funds in the last 3 months of the
18-month obligation period.
Florida shall verify the amount of unobligated funds through the Disaster Recovery Grant
Reporting System (DRGR). For purposes of the Neighborhood Stabilization Program, funds are
obligated for an activity when orders are placed, contracts are awarded, services are received,
and similar transactions have occurred that require payment by the state, unit of general local
government, or sub-grantee during the same or a future period.
Any recaptured funds will be placed in Florida's Incentive-Based Set-Aside to be redistributed.
The Incentive-Based Set-Aside is outlined in detail on page 8 of this substantial amendment.
RECAPTURE OF UNSPENT FUNDS
In order to ensure that NSP funds are utilized within the 4-year timeframe as directed by HUD,
Florida shall execute two-year (24 months) grant agreements with sub-grantees for both regular
and supplemental NSPLI funds. If the sub-grantee has not spent its entire NSP award amount by
the two-year completion date, Florida shall evaluate whether the sub-grantee has made
substantial progress and whether an extension maybe granted. If it is determined that substantial
progress is being made and at least 50 percent of the funds have been spent, Florida may grant up
to two regular contract extensions for a total of no more than 18 months, as warranted by the
sub-grantee's overall progress, remaining activities, and funding. Following the extension(s),
Florida shall recapture all unspent funds except for 10 percent of the original NSP grant amount,
which will require a special extension in order to be spent after expiration of the regulaz
extension(s).
The 10 percent that sub-grantees will be allowed to keep at the end of the regular extension(s) is
considered a level they should reasonably be able to spend within the 4-year period (48 months).
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To establish a state requirement to recapture all of -the unspent funds when a grant contract
expires would deprive those sub-grantees of an opportunity to spend any of their funds in the
remaining months of the 48-month period.
Florida shall verify the amount of unexpended funds through DRGR. For purposes of NSP,
funds are considered expended when all invoices, accounts, and contractual agreements for NSP-
funded activities have been paid in full.
Any recaptured funds will be placed in Florida's Incentive-Based Set-Aside to be redistributed.
INCENTIVE BASED SET-ASIDE
Given the urgency outlined by HUD in quickly addressing the serious housing crisis and utilizing
NSP dollars in an expeditious manner, Florida is creating an Incentive-Based Set-Aside. Any
unobligated or unspent NSP funds recaptured by Florida shall be set aside for state funded sub-
grantees that are obligating and spending NSP funds in a judicious and expeditious manner.
During the initial NSP application process, sub-grantees shall be directed to submit a special
fimding request that outlines any additional unmet needs beyond those addressed in their basic
application in order to be eligible to participate in the Incentive-Based Set-Aside. These special
funding requests are subject to the same NSP guidelines and requirements set forth in Federal
Register Notice, Volume 73, No. 194, dated October 6, 2008 and Title III of the Housing and
Economic Recovery Act, 2008 (HERA) (Pub. L. 110-289, approved July 30, 2008).
incentive-Based Set-Aside funds shall be collected through the following processes.
1. Any unobligated funds recaptured at 10 and 15 months following execution of an
agreement between HUD and the State shall be reallocated as Incentive-Based Set-Aside
funds.
2. Any unspent funds recaptured at the end of the grant agreement or any extension shall be
reallocated as Incentive-Based Set-Aside funds.
Incentive-Based Set-Aside funds shall be' distributed to sub-grantees based on the NSP funds
they have obligated or spent. Sub-grantees that have fiends recaptured are not eligible to receive
funds redistributed through the Incentive-Based Set-Aside.
If the amount of Incentive-Based Set-Aside funds to be redistributed is deemed to exceed the
capacity of the eligible sub-grantees to obligate these additional funds within 18 months from the
date an agreement is executed between HUD and the State or to spend these funds within the
program's 4-year timeframe, Florida may reallocate these recaptured funds to local governments
receiving NSP funds directly from HUD or to any other entity it deems appropriate to
accomplish the purposes of Florida's NSP program.
With regard to allowable uses for Incentive-Based Set-Aside funds by sub-grantees, Florida will
give priority to ensuring compliance with the Federal requirement to address the NSPLI target
group.
All Incentive-Based Set-Aside funding resulting from the recapture of unobligated funds must be
obligated within 18 months of HUD's execution of an agreement between HUD and the State.
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Verification of ohligation and expenditure rates shall be conducted through DRGR. Any
Incentive-Based Set-Aside funding awazds to Florida-funded sub-grantees shall be achieved
through a modification to the existing sub-grantee NSP award agreement.
PROCRAMINCOME
All program income earned as a result of activities funded under this grant shall be returned to
the state for reallocation based on greatest need and capacity to obligate and spend NSP funds.
Any generated program income must be reported to the Department and must comply with the
requirements set out in 24 CFR 570.489(e)(3} and the Federal Register Notice that states the
requirements of the NSP must be met.
Any program income received on or after July 30, 2013, may not be retained by the local
government and must be remitted to Florida to be returned to HUD.
(Z) USES OF FUNDS
Florida will use NSP funds within the areas of greatest need for eligible activities described
under section 2301(c)(3) of HERA. Eligible sub-grantees for NSP funds will be required to
specify activities, proposed units of accomplishment and beneficiaries in a NSP application. In
addition, 100 percent of the project funds must be to benefit individuals and households whose
income does not exceed 120 percent of the area median income.
Communities receiving funding under Florida's NSP allocations are encouraged to foster
partnerships with other organizations and programs to meet the requirements outlined in this
substantial amendment. Building strong partnerships, utilizing specialized expertise, and
fostering community outreach are essential to a successful neighborhood stabilization program.
HUD has established restrictions on these activities through its Federal Register Notice on the
allocation and application process for NSP funds: In particular, several of these activities are
only eligible if the use of funds will address a foreclosed property. HUD has also waived the
one for-one replacement required under the CDBG program, but requires documentation on the
number of units that will be produced. Florida will seek to provide NSP funds with the
maximum authorized flexibility while adhering to HUD-mandated restrictions. Florida will also
advise and provide technical assistance to ail of its eligible applicants and sub-grantees regarding
applying for and administering NSP funds under these requirements.
Florida will limit eligible activities conducted by sub-grantees in the following manner:
By ensuring that applicants for allocated funds clearly and convincingly identify the
scope and nature of the foreclosure problems within their communities and propose to
conduct only those eligible activities that will reasonably contribute to resolving those
identified problems;
• By limiting the use of NSP funds for public facilities to eligible activities that aze directly
related to and in support of the primary NSP activity approved in the application;
• By conducting site visits prior to funding applications to ensure that the project and
activities are eligible in accordance with the application's project description and eligible
uses identified in this amendment to Florida's Action Plan;
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• By limiting the amount of grant funds that can be used for activity delivery costs; and
• By reviewing the grantee's capacity to adequately administer, manage, and use the NSP
funds within the required timeframe.
The eligible activities outlined in this NSP substantial amendment are subject to change based
upon HUD's approval of this amendment, and/or changes issued to the NSP Notice or
interpretation of the Notice as clarified on the HUD website for this program:
http://www.hud.gov/nom.
The NSP substantial amendment outlines the State's framework for allocating NSP funding.
However, eligible applicants are being provided, and are also encouraged to read, the
requirements set out in the Federal Register (Vol. 73, No. 194). Except as described in the
Federal Register notice, all statutory and regulatory provisions governing the Community
Development Block Grant (CDBG) program for states, including 24 CFR part 570 subpart I, for
CDBG entitlement communities, including those at 24 CFR part 570 subparts A, C, D, J, K and
O, applicable emergency rule and program guidance, shall apply to the use of these funds.
MONITORING
The Department shall utilize Florida Small Cities CDBG Program monitoring policies and
procedures outlined in its 2008 Annual Action Plan to ensure compliance with federal guidelines.
These policies and procedures mirror those used by HUD to monitor state administered and
entitlement programs. In addition, the Department's Office of the Inspector General, the Office
of the Auditor General, and HCTD frequently perform monitoring, assessment, or auditing to
ensure that the Department is in compliance with state and federal rules and regulations and to
assist the state in providing guidance to CDBG recipients.
The Department shall utilize its existing monitoring process to ensure that all contracts funded
under the NSP allocation are carried out in accordance with federal and state laws, rules, and
regulations. The .Department shall monitor the compliance of sub=grantees and HUD will
monitor the state's compliance with this requirement. Expenditures shall be disallowed if the use
of the funding does not conform to eligible activities serving eligible beneficiaries. In such case,
the sub-grantees receiving the funding would be required to refund the amount of the grant that
was disallowed.
MITIGATION OF FRA UD
Through technical assistance and training, Florida shall ensure that grantees are aware of federal
financial recordkeeping and best practice methods for fraud prevention. In addition, Florida
shall utilize timely, standard monitoring practices to mitigate potential risk for fraud.
To further prevent the opportunity for fraudulent activities or fiscal mismanagement related to
real estate and financial transactions, sub-grantees are required to work with a third party
management or accounting entity that can assist with proper asset valuation and secured
transactions, unless they can demonstrate significant experience in these areas.
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C. DEFINITIONS AND DESCRIPTIONS
Certain terms are used in HERA and the subsequent HUD notice that are not used, or used
differently, in the regular CDBG program under the Housing and Community Development Act.
HUD has defined these terms in its HERA notice for all grantees, including states. Florida is
incorporating those HUD definitions as part of this NSP substantial amendment with the
exception of the definitions listed below.
Florida establishes the following definitions for purposes of the NSP.
Blighted structure. "Blighted structure" means a structure in which there is substantial
deterioration in which conditions are leading to economic distress or endangerment of life, the
local government jurisdiction agrees by ordinance that the structure is blighted, and in which one
or more of the following factors are present.
(a) Unsanitary or unsafe conditions;
(b) Deterioration of site or other improvement;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness.
Affordable rents. "Affordable rents" is defined as the Fair Market Rents (FMR) as published
annually by HUD for the sub-grantees.
CONTINUED AFFORDABILITY FOR NSP ASSISTED HOUSING
The State shall ensure, to the maximum extent practicable and for the longest feasible term, that
the sale, rental, or redevelopment of abandoned and foreclosed-upon homes and residential
properties under NSP remain affordable to individuals or families whose incomes do not exceed
120 percent of area median income or, for units originally assisted with funds under the
requirements of section 2301(f)(3)(A)(ii) of HERA, remain affordable to individuals and families
whose incomes do not exceed 50 percent of azea median income.
The State will ensure long-term affordability by requiring that all NSP assisted housing have a
Deed Restriction (if resale) or Mortgage (if recapture) recorded on the property. The periods of
affordability for NSP-assisted homebuyer projects must meet or exceed the minimum
affordability requirements established in 24 CFR 92.252(e) and 24 CFR 92.254(a)(4) for the
HOME Investment Partnerships Program (HOME) as specified below, beginning after project
completion.
The periods of affordability applicable to NSP homebuyer projects are as follows.
Under $15,000
Between $15,000 to $40,000
Over $40;000
New Housing Construction
5 years
10 years
15 years
20 years
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While these are minimum requirements, the local government may choose to implement more
stringent affordability requirements than the minimum listed here to ensure that the properties
remain affordable for as long as possible.
RENTAL HOUSING
The income of each tenant will be determined at the time of occupancy in accordance with 24
CFR 570.3 using the definition of "annual income" as defined by Section 8 Housing Assistance
Payments Program to .ensure income requirements of NSP are being complied with.
Rents charged for each unit assisted under NSP may not exceed the defmition of "affordable
rents" as contained in this Action Plan amendment. All NSP sub-grantees will be required to
monitor each rental property during the required affordability period to ensure that all rental units
maintain long-term affordability.
OWNER-OCCUPIED HOUSING
The income of each owner occupant assisted with NSP funds will be determined at the time of
purchase in accordance with 24 CFR 570.3 using the "annual income" as defined by the Section
8 Housing Assistance Payments Program to ensure income requirements of NSP are being
complied with. Residential properties purchased for occupants with NSP funds must be the
primary residence of the beneficiary.
Long-term affordability requirements will be met through either resale or recapture provisions
established by the sub-grantee that must meet or exceed the requirements under the HOME
Program. The sub-grantees' affordability plan must be reviewed and approved by the
Department.
DURATION OF ASSISTANCE
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
TENURE OF BENEFICIARIES
For homes that are developed as rental property the tenure is expected to be long term, without
planned limits on tenancy. For homes that are developed for the purposes of being sold to low,
moderate and middle income individuals or families, the tenure shall be no less than the
affordability period established for the property.
HOUSING REHABILITATION STANDARDS APPLICABLE TO NSP ASSISTED ACTIVITIES
a. Housing that is constructed or rehabilitated with NSP funds must meet all applicable
local codes, rehabilitation standards, zoning ordinances, and HUD Housing Quality Standards
under 24 CFR .982.401,. at the time of project completion. The participating jurisdiction must
have written standards for rehabilitation that ensure that NSP-assisted housing is decent, safe,
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and sanitary. In the absence of a local code for new construction or rehabilitation, NSP-assisted
new construction or rehabilitation must meet the Florida Building Code, based on the
International Building Code. Newly constructed housing must meet the Florida Energy
Efficiency Code for Building Construction. Florida shall require all housing construction to
incorporate modern, green building and energy-efficiency improvements in all NSP activities to
provide for long-term affordability and increased sustainability and attractiveness of housing and
neighborhoods.
b. The housing must meet the accessibility requirements at 24 CFR Part 8, which
implements Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and covered
multifamily dwellings, as defined at 24 CFR 100.201, must also meet the design and
construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 U.S.C.
3601-3619).
c. Construction of all manufactured housing must meet the Manufactured Home
Construction and Safety Standards established in 24 CFR Part 3280. These standards pre-empt
state and local codes covering the same aspects of performance for such housing. Participating
jurisdictions providing NSF assistance to install manufactured housing units must comply with
applicable state and local laws or codes. In the absence of such laws or codes, the participating
jurisdiction must comply with the manufacturer's written instructions for installation of
manufactured housing units. Manufactured housing that is rehabilitated using NSP funds must
meet the requirements set out in paragraph (a) of this section.
D. LOW-INCOME TARGETING
For HUD's $91.1 million allocation to Florida, no less than 25 percent, or $22.8 million, must be
allocated to assist the NSP Low-Income (NSPLI) target population not exceeding 50 percent of
area median income. Failure to comply with this requirement will jeopardize the remaining 75
percent of the NSP funds, which must be used to benefit individuals and families whose incomes
do not exceed 120 percent of area.median income and for state and local administration.
In order to ensure that Florida complies with this requirement, a separate funding allocation shall
be established. These grant awards will provide supplemental funding to each geographic area
receiving a regular state allocation based on both its proportionate allocation of regular state NSP
funds and its proportionate concentration of NSPLI target population. In addition, these funds
will have to be used to provide rental housine for those individuals and families whose incomes
do not exceed 50 percent of area median income.
The funds for the NSPLI allocation will come from regular state NSP allocations that fell below
the minimum grant amount of $1.25 million. This amounts to $23.0 million, or 25.2 percent of
the state's total award from HUD.
Within the supplemental NSPLI geographic areas, the eligible recipient is the regular NSP sub-
grantee. If the regular NSP sub-grantee does not have at least 5 years experience providing
rental housing to the NSPLI target population, it must either partner with one or more local
housing authority or non-profit organization in the county with such experience or designate one
to be the eligible applicant for supplemental funding.
As a direct NSP grantee, Florida must ensure .compliance with the Federal. requirement to
address the NSPLI target group. Segregating NSPLI target funds will increase their visibility
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and improve the ability to monitor their use. ~ Having a separate NSPLI allocation will also make
it easier for Florida to recapture and reallocate these funds if they are not obligated or spent in a
timely manner.
These funds shall be used to provide rental housing because Florida determined that it will be the
most affordable and feasible option available to the target group in the short timeframe for the
program.
These supplemental funding areas have already been identified as having the greatest need
related to the foreclosure crisis. Factoring in the relative concentration of the NSPLI population
ensures that there will be an adequate number of this target group to meet this federal
requirement.
If a local government chooses not to apply for its supplemental allocation or applies for or
receives less than its allocation, those funds will be redistributed for use in other communities.
E. ACQUISITIONS & RELOCATION
No dwelling units will be converted as a result of NSP-assts#ed activities. All units demolished
will be replaced and made available to low, moderate and middle income individuals and
families under 120% of area median income.
F. PUBLIC COMMENTS
Florida published its proposed draft NSP Substantial Amendment on November 14, 2008, for 15
days by posting it on the Department website at www.floridacommunitydevelopment.orgcdb~/index.cfin
as required by the HUD Federal Register Notice. The public comment period began on that date
and ended on November 28, 2008. The Department conducted a publicly noticed Public Hearing
on November 24, 2008. A total of 78 persons participated in the Public Hearing by conference
call and 34 persons were in attendance: The following is a summary of public comments
received through the Department's website, email, regular mail, stakeholder meetings, and the
public hearing.
Funding formula/allocation methodology
The majority of the comments focused on the data that was used in the development of the
formula. Several local governments asked to xeview the data that was used for their community.
Many comments were. also made regarding the use of more current data as related to determining
the areas of greatest need.
Local governments that were not identified irn the plan as eligible for NSP funding wanted to
know how they could participate in the State program. Several local governments that were
directly funded by HUD commented that they should be entitled to participate in the State
program due to the extent of their needs. Some local governments expressed the need for aset-
aside of NSP funds that would be made available specifically to the small cities and counties that
participate in the State's CDBG program.
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Program Income
Comments on the use of program income included allowing the jurisdictions to keep it at the
local level to further NSP activities, reallocate the funds to direct-funded grantees, and reallocate
the funds to the smaller cities and counties that were not initially funded by the State.
Grant Minimum
Several recommendations were made to reduce the minimum grant size from $1.5 million to
$1.25 million, $1 million, $750,000, or as low as $500,000 in order to fund more communities.
Eligible Activities
Various local governments and non-profit organizations asked the State to reconsider the policy
of how to address the housing needs of individuals and families whose incomes do not exceed
50% AMI. The entities would like to be able to include homeownership assistance as an eligible
activity for meeting the requirements of this target group.
Administration
Percentage of funds allowed for grant administration was also discussed. Several comments
were made that the percentage was not sufficient for local governments given the short
timefi-ame and requirements of the program.
A number of general comments were made concerning the application process and other
administrative issues that related to the overall administration of the funding.
Technical Assistance
A number of comments, questions and recommendations were made regarding the need for
technical assistance to understand and implement the NSP program. Local governments, as well
as non-profit organizations, made comments on the need for technical assistance from the State.
The technical assistance requests included issues such as purchasing foreclosed and abandoned
properties, working with lenders, and establishing and maintaining land banks.
G. NSP INFORMATIONBYACTIVITY (COMPLETE FOR EACH ACTIVITY)
Florida has endeavored within the allotted tune period to determine a reasonable method of
allocating the Florida NSP funds to best achieve the program objectives of stabilizing
neighborhoods of greatest need by providing a means for the acquisition, rehabilitation,
renovation, and subsequent provision of homes and other foreclosed or abandoned residential
properties to individuals and families whose income does not exceed 120 percent of the area
median income. Florida has also endeavored to establish a method to ensure that at least 25
percent of the Florida NSP funds are used for individuals and families whose income does not
exceed 50 percent of the area median income. As a result of the scope of these endeavors and the
very limited time allowed to develop this Substantial Amendment, Florida has not been able to
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work directly with its intended sub-grantees to determine which of the NSP eligible activities
most appropriately addresses the program objectives within each of the sub-grantee
communities. Therefore, Florida is not at this time able to provide the detail sought below.
Florida intends to submit an additional amendment(s) as deemed necessary and if required by
HUD to provide the requested detail after Florida's sub-grantees have had an opportunity to
develop and submit their local NSP programs to Florida.
ACTIVITY #1 -HOMEOWNERSHIP
(1) Activi , Name: Housing Acquisition/Rehabilitation of homes for sale to individuals and
families with incomes less than 120 percent of AMI
(2) Activity Type:
NSP- Section 2301(c}(3)B
Purchase and rehabilitate residential properties that have been abandoned or foreclosed in order
to sell the homes to qualified individuals or families.
CDBG eligible activities
24 CFR 570.201(a) Acquisition
24 CFR 570.201(b) Disposition
24 CFT 570.201(e) Public Services for housing counseling
24 CFR 570.201(1) Relocation
24 CFR 570.201(n) Homeownership Assistance
24 CFR 570.202(a) Rehabilitation
(3) National Objective:
LMMH -Benefiting low-, moderate-, and middle-income households.
(4) Activity Description:
The purpose of this activity is to stabilize neighborhoods of greatest need by providing a means
for the acquisition, rehabilitation, renovation, and subsequent provision of homes and other
foreclosed or abandoned residential properties to individuals and families whose income does not
exceed 120 percent of the area median income.
Proposed number of units to be addressed by income cateaorv
Activi Low-income Moderate-income Middle-income
Ac uisition/rehabilitation 55 33 21
(5) Location Description:
26 cities and counties identified under.NSP allocation
i i ~ / %
,.~
18
(6) Performance Measures
All activities funded with State NSP funds will meet one or more of the following performance
measures for the income levels of households that are 50 percent of area median income and
below, 51-80 percent, and 81-120 percent:
^ units of housing to be acquired,
^ units of housing to be rehabilitated,
^ units of housing to be sold,
(7) Total Budget:
$11,714,038
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Deparhnent of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
NSP recipients will be required to work with lenders to acquire homes that have been foreclosed
within 'the areas designated as having the greatest need. Sub-grantees will be encouraged to
work with non-profit organizations that have the capacity to implement this housing activity.
The minimum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
percent.
All properties will be sold to individuals and families with incomes at or below 120 percent of
area median income. The income of each owner occupant will be determined at the time of
purchase in accordance with 24 CFR 570.3.
Long-term affordability requirements will be met through either resale or recapture provisions
established by the sub-grantee that must meet or exceed the requirements under the HOME
Program. For homeownership activities - anon-amortizing five (5) year second mortgage for
homebuyer projects under $15,000, ten (10) years for projects between $15,000 to $40,000,
fifteen (15) years for proj ects over $40,000, and twenty (20) years for new construction.
. ,
,;~
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19
All subgrantees must establish an affordability plan that ensures the . sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
as long as possible.. The affordability periods will be monitored by the Department for
compliance.
For homes that are developed for the purposes of being sold to low, moderate and middle income
individuals or families, the tenure shall be no less than the affordability period established for the
property.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #`2 -HOMEOWNERSHIP
(1) Activity Name: Housing Acquisition/Rehabilitation of homes for sale to individuals and
families with incomes less than 50 percent of area median income.
(2) Activity Tune:
NSP -Section 2301(c)(3)B
Purchase and rehabilitate residential properties that have been abandoned or foreclosed in order
to sell the homes to qualified individuals or families.
CDBG eligible activities
24 CFR 570.201(a) Acquisition
24 CFR 570.201(b) Disposition
24 CFT 570.201(e) Public Services for housing counseling
24 CFR 570.201(1) Relocation
24 CFR 570.201(n) Homeownership Assistance
24 CFR 570.202(a) Rehabilitation
(3) NationalObiective:
LIvllVffi -Benefiting low-, moderate-, and middle-income households.
(4) Activi , Description:
The purpose of this activity is to turn foreclosed or. abandoned properties into viable assets for .
low-income individuals and families. NSP sub-grantees will be required to work with lenders to
,j
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20
/ i
/ ,.
acquire homes that have been foreclosed within the areas designated as having the greatest need.
Sub-grantees will be encouraged to work with non-profit organizations that have the capacity to
implement this housing activity.
Pm»nsec~ number of nnitc to he ac~~reccer~ by incnme cateQnrv
Activi Low-income Moderate-income Middle-income
Ac uisition 55 33 21
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
All activities funded with State NSP funds will meet one or more of the following performance
measures, for the income levels of households that are 50 percent of area median income and
below:
^ units of housing to be acquired,
^ units of housing to be rehabilitated,
^ units of housing to be sold, .
(7) Total Budget:
$11,714,038
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
2555 Shumard Oak Boulevazd
Tallahassee, Florida 32399-2100
(9) Proiected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
The minimum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
percent.
All properties will be sold to individuals and families with incomes at or below 50 percent area
median income. The.income of .each owner occupant will be.determined at the time of purchase
in accordance with 24 CFR 570.3.
-'~ -j
~~
Long-term affordability requirements will be met through either resale or recapture provisions
established by the sub-grantee that must meet or exceed the requirements under the HOME
Program. For homeownership activities - anon-amortizing five (5) year second mortgage for
homebuyer projects under $15,000, ten (10) years for projects between $15,000 to $40,000,
fifteen (15) years for projects over $40,000, and twenty (20) years for new construction.
All subgrantees must establish an affordability plan that ensures the sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the m;n;rnum listed above to ensure that the properties remain affordable for
as long as possible. The affordability periods will be monitored by the Department for
compliance.
For homes that are developed for the purposes of being sold to low, moderate and middle income
individuals or families, the tenure shall be no less than the affordability period established for the
property.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #3 - IiOMEOWNERSIiIP
(1) Activity Name: Housing Finance
(2) Activity Type:
NSP- Section 2301(c)(3}A
Establish financing mechanisms for purchase and redevelopment of foreclosed homes.
CDBG eligible activities
24 CFR 570.206(g) Administrative expenses to facilitate housing
24 CFR 570.201(n) Homeownership Assistance
(3) National Ob; eci five:
LMNII3 -Benefiting low-, moderate-, and middle-income households.
(4) Activity Description:
-~
~~
The purpose.. of this .activity is. to .improve .access. to. mortgage capital on flexible terms, maintain
occupancy of foreclosed homes, facilitate property renovation, and help individuals and families
access responsible credit and financing to promote homeownership by promoting long-term
affordability.
PrnnneP.r~ nnmhPr of nnitc to he ar~r~rPCCP.ri by incnme cate¢nrv
Activi Low-income Moderate-income Middle-income
Homeownership
Assistance 55 33 21
(5) Location DesciZ tion:
26 cities and counties identified under NSP allocation
(6) Performance Measures
All activities funded with State NSP funds will meet one or more of the following performance
measures for the income levels of households that are SO percent of area median income and
below, 51-80 percent, and 81-120 percent:
^ units of housing to be acquired,
^ parcel(s) to be acquired.
(7) Total Budget:
$11,714,038
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Depar~txrrent of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
NSP financing provided will be through a grant or a loan at zero percent interest rate.
For homes that are developed for the purposes of being sold to low, moderate and middle income
individuals or families, the tenure shall be no less than the affordability period established for the
property... For homeownership activities , anon-amortizing five (5) year second mortgage for
~~
23
homebuyer projects under $15,000, ten (10) years for projects between $15,000 to $40,000,
fifteen (15) years for projects over $40,000, and twenty (20) years for new construction.
All subgrantees must establish an affordability plan that ensures the sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
as long as possible. The affordability periods will be monitored by the Department for
compliance.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #4 - I3OMEOWNERSHIP AND RENTAL
(1) Activity Name: Establishing Land Banks
(2) Activity Type:
NSP- Section 2301(c)(3)C
Establish land banks for homes that have been foreclosed upon;
CDBG eligible activities
24 CFR 570.201(a) Acquisition
24 CFR 570.201(b) Disposition
(3) National Objective(s):
LMMA -Benefiting low-, moderate-, and middle-income area.
LIVEvBi -Benefiting low-, moderate-, and middle-income households.
(4) Activity Description:
Florida communities are seeing more abandonment, and as the mortgage crisis spreads to
suburban and rural areas, the authority to create land banks is increasingly relevant to residents
statewide. Using property productively and putting tax delinquent property back on the tax rolls
benefits the entire state. Blight is contagious, not only within neighborhoods but also across
jurisdictions. The purpose of this activity is to bring abandoned property back into productive
use, generating tax revenue, raising property values and creating community amenities such as
affordable housing and green space.
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Proposed number of parcels to be addressed by income cate~orv
Activi Low-income Moderate-income Middle-income
Ac uisition 8 3 1
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
All activities funded with State NSP funds will meet one or more of the following performance
measures for the income levels of households that are 50 percent of area median income and
below, 51-80 percent, and 81-120 percent:
^ parcel(s) to be acquired.
(7) Total Budget:
$6,507,800
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
For the purposes of the NSP program, a land bank will operate in a specific, defined geographic
area. It will purchase properties that have been abandoned or foreclosed upon and maintain,
assemble, facilitate redevelopment of, market, and dispose of the land-banked properties. If the
land bank is a governmental entity, it may also maintain abandoned or foreclosed property that it
does not own, provided it charges the owner of the properly the full cost of the service or places
a lien on the property for the full cost of the service.
All subrecipients will develop a strategic plan for the acquisition, redevelopment and disposition
of land banks purchased with NSP funds. The plan must be submitted as part of the local
government's application and will be reviewed and approved prior to awazding NSP grant funds
for this activity. All plans must incorporate a requirement that the land bank may not hold the
property for more than ten (10) years without obligating the property for a specific NSP eligible
activity. Under no circumstances will NSP grant funds:
~~
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25
^ pay more than the appraised value of the property
^ be responsible for displacement of a tenant/homeowner
For homes that are developed as rental property the tenure is expected to be long term, without
planned limits on tenancy. For homes that are developed for the purposes of being sold to low,
moderate and middle income individuals or families, the tenure shall be no less than the
affordability period established for the property. For homeownership activities - a non-
amortizing five (5) year second mortgage for homebuyer projects under $15,000, ten (10) years
for projects between $15,000 to $40,000, fifteen (15) years for projects over $40,000, and twenty
(20) years for new construction. For rental activities - anon-amortizing five (5) year land use
restriction agreement for rental projects under $15,000, ten (10) years for projects between
$15,000 to $40,000; fifteen (15) years for projects over $40,000, and twenty (20) years for new
construction.
All subgrantees must establish an affordability. plan .that .ensures .the sale, rental, or
redevelopment of abandoned and foreclpsed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
as long as possible. The affordability periods will be monitored by the Department for
compliance.
The minimum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
percent.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 10 years based on the State's program and
availability of funding.
ACTIVITY #l5 -HOMEOWNERSHIP AND RENTAL
(1) Activity Name: Demolition and Clearance/ Housing Redevelopment
(2) Activity Type:
NSP- Section 2301(c)(3)D and 2301(c)(3)E
Demolish blighted structures/redevelop demolished or vacant properties
CDBG eligible activities
24 CFR 570.201(a) Acquisition
,~~.. ~ ~~
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2G
24 CFR 570.201(b) Disposition
24 CFR 570.201(d) Clearance and remediation
24 CFR 570.201(1) Relocation
24 CFR 570.201(n) Homeownership Assistance
24 CFR 570.201(0) Counseling
(3) National Objective(s):
LMMA -Benefiting low-, moderate-, and middle-income area.
LMMH -Benefiting low-, moderate-, and middle-income households.
(4) Activity Description:
The purpose of this activity is to tum vacant or blighted properties into productive use that will
help stabilize a neighborhood which has been negatively impacted by foreclosures.
PTOUOSed rlllrIlhOr of llTlttC to }1P. A!~l~rP.ceP~ by inrnmP ratr>onn~
Activi Low-income Moderate-income Middle-income
Ac uisition 55 33 21
Demolition 55 33 21
New construction 55 33 21
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
All activities funded with State NSP funds will meet. one or more of the following performance
measures for the income levels of households that are 50 percent of area median income and
below, 51-80 percent, and' 81-120 percent: '
^ units of housing to be acquired,
units of housing to be rehabilitated,
^ units of housing to be sold,
• units of housing to be rented, or
^ parcel(s) to be acquired.
(7) Total Budget:
$11,714,037
(8) Resvonsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
7j
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
The proposed activity must be directly related to the sub-grantee's overall plan to address
foreclosure needs.
The Department may limit the total amount of grant funds that maybe expended on this activity.
The minimum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
percent.
All properties will be sold to individuals and families with incomes at or below 120 percent of
area median income. The income of each owner occupant will be determined at the time of
purchase in accordance with 24 CFR 570.3.
Long-term affordability requirements will be met through either resale or recapture provisions
established by the subgrantee that must meet or exceed the requirements under the HOME
Program. The subgrantees' affordability plan must be reviewed and approved by the
Department. For homeownership activities - anon-amortizing five (5) year second mortgage for
homebuyer projects under $15,000, ten (10) years for projects between $15,000 to $40,000,
fifteen (15) years for projects over $40,000, and twenty (20) years for new construction. For
rental activities - anon-amortizing five (5) year land use restriction agreement for rental projects
under $15,000, ten (10) years for projects between $15,000 to $40,000, fifteen (15) years for
projects over $40,000, and twenty (20) years for new construction.
All subgrantees must establish an affordability plan that ensures the sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
as long as possible. The affordability periods will be monitored by the Department for
compliance.
For homes. that are developed as rental properly the tenure is expected to be long term, without
planned limits on tenancy. For homes that are developed for the purposes of being sold to low,
i
l/
78
-~'~
moderate and middle income individuals or families, the tenure shall be no less than the
affordability period established for the property.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #6 -RENTAL
(1) _ Activity Name: Housing Acquisition/Rehabilitation of homes for lease to individuals and
families with incomes less than 120 percent of area median income.
(2) Activity Type:
NSP- Section 2301{c)(3)B
Purchase and rehabilitate residential properties that have been abandoned or foreclosed in order
to rent to qualified individuals or families.
CDBG eligible activities
24 CFR 570.201(a) Acquisition
24 CFR 570.202(a) Rehabilitation
24 CFR 570.201(b) Disposition
24 CFR 570.201(1) Relocation
(3) National Objective:
LMMH -Benefiting low-, moderate-, and middle-income households.
(4) Activity Description:
The purpose of this activity is to turn foreclosed or abandoned properties into decent, safe and
affordable housing for low, moderate and middle income individuals and families.
Proposed number of units to he addressed by inrnme cate~nrv
Activi Low-income Moderate-income Middle-income
Ac uisition 55 33 21
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
~ ~ ~ ,.
.. ...
29
~'
All activities funded with State NSP funds will meet one or more of the following performance
measures for the income levels of households that are 50 percent of azea median income and
below, 51-80 percent, and 81-120 percent:
^ units of housing to be acquired,
^ units of housing to be rehabilitated,
^ units of housing to be rented
(7) Total Budget:
$11,714,037
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
2555 Shumazd Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirements:
All properties will be leased to individuals and families with incomes at or below 120 percent of
area median income. The income of each owner occupant will be determined at the time of
purchase in accordance with 24 CFR 570.3.
The NSP-assisted units in a rental housing project must be occupied only by households that are
eligible as low-income individuals or families under NSP and must meet the following
requirements to qualify as affordable housing. The affordability requirements also apply to the
NSP-assisted non-owner-occupied units in single-family housing purchased with NSP funds.
For rental activities - anon-amortizing five (5) year land use restriction, agreement for rental
projects under $15,000, ten (10) years for projects between $15,000 to $40,000, fifteen (15)
years for projects over $40,000, and twenty (20) years for new construction.
Ali subgrantees must establish an affordability plan that ensures the sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
i
,:~~
30
as long as possible. The affordability periods will be monitored by the Department for
compliance.
The maximum NSP rents are defined as the fair market rent for existing housing for comparable
units in the area as established by HUD under 24 CFR 888.111.
For homes that are developed as rental property the tenure is expected to be long term, without
planned limits on tenancy.
The m;n;mum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
.percent.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #7 -RENTAL
(1) Activity Name: Housing AcquisitionlRehabilitation of homes for lease to individuals and
families with incomes less than 50 percent of area median income.
(2) Activit~ype:
NSP- Section 2301(c)(3)B
Purchase and rehabilitate residential properties that have been abandoned or foreclosed in order
to rent to qualified individuals or families.
CDBG eligible activities
24 CFR 570.201(a) Acquisition
24 CFR 570.202(a) Rehabilitation
24 CFR 570.201(b) Disposition
24 CFR 570.201(1) Relocation
{3) National Objective:
LMIvlfi -Benefiting low-, moderate-, and middle-income households.
LMMC -Benefiting low-, moderate-, and middle-income limited clientele
(4) Activi Description:
The purpose of this activity is to turn foreclosed or abandoned properties into decent, safe and
affordable housing for low income individuals and families.
Proposed number of units to be addressed by income category
i
31
Activity Low-income (do not
exceed 50% AMI
Ac uisition 214
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
All activities funded with State NSP funds will meet one or more of the following performance
measures for the income levels of households that are 50 percent of area median income and
below:
^ units of housing to be acquired,
^ units of housing to be rehabilitated,
^ units of housing to be rented
(7) Total Budget:
$22,963,490
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Proiected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
(11) Specific Activity Requirement:
All properties will be leased to individuals and families with incomes at or below 50 percent of
area median income. The income of each owner occupant will be determined at the time of
purchase in accordance with 24 CFR 570.3.
The NSP-assisted units in a rental housing project must be occupied only by households that are
eligible as low-income individuals or families under NSP and must meet the following
requirements to qualify as affordable housing. The affordability requirements also apply to the
NSP-assisted non-owner-occupied units in single-family housing purchased with NSP funds.
For rental activities - anon-amortizing five (5) year land use restriction agreement for rental
projects under $15,000, ten (10) years for projects between $15,000 to $40,000, fifteen (15)
years for projects over $40,000, and twenty (20) years for new construction.
j % / ~.
...
32
All subgrantees must establish an affordability plan that ensures the sale, rental, or
redevelopment of abandoned and foreclosed-upon homes and residential properties under NSP
remain affordable to individuals or families whose incomes do not exceed 120 percent of area
median income and remain affordable to individuals and families whose incomes do not exceed
50 percent of area median income, as applicable. The subgrantees'plan will be reviewed and
approved by the Department and must include, at a minimum the affordability requirements
outlined above. The subgrantee may choose to implement more stringent affordability
requirements than the minimum listed above to ensure that the properties remain affordable for
as long as possible. The affordability periods will be monitored by the Department for
compliance.
The maximum NSP rents are defined as the fair market rent for existing housing for comparable
units in the area as established by HUD under 24 CFR 888.111.
For homes that are developed as rental property the tenure is expected to be long term, without
planned limits on tenancy.
The minimum purchase discount for an individual property will be at least 5 percent. The
average purchase discount for all properties purchased with NSP funds shall be at least 15
percent.
NSP financing provided will be through a grant or a loan at zero percent interest rate.
NSP assistance shall be provided up to a maximum of 4 years based on the State's program and
availability of funding.
ACTIVITY #8
(1) Activity Name: Administration/Technical Assistance
(2) Activity Type:
NSP- An amount of up to 10 percent of an NSP grant provided to a jurisdiction and of up to 10
percent of program income earned may be used for general administration and planning activities
as those are defined at 24 CFR 570.205 and 206. Increase the capacity of entities to carry out
eligible NSP activities.
CDBG eligible activity
24 CFR 570.201(p)
24 CFR 570.205
24 CFR 570.206
(3) National Objective:
N/A
~i ~i
ss
(4) Activity Descri to ion:
Administrative costs associated with overall program management, coordination, monitoring,
and evaluation of the State of Florida's NSP funds.
The State Training and Technical Assistance component will include state program training and
implementation components as well as a statewide capacity building component. The purpose of
these funds is to provide technical expertise in planning, managing or carrying out NSP funded
activities such as meeting applicable NSP requirements, increasing program management or
capacity building skills. The technical assistance for state funded NSP recipients will focus on
three main areas - on-site technical assistance, off=site technical assistance and workshops.
Technical assistance will focus on providing specific training in all aspects of purchasing,
rehabilitating and selling or renting foreclosed or abandoned properties including: methods for
identifying properties, including working with lenders; evaluating properties for acquisition once
they are identified; negotiating the purchase price for individual or bulk purchases of units;
coordinating NSP funds with other sources and permanent financing; appraisals; and establishing
and maintaining a land bank.
(5) Location Description:
26 cities and counties identified under NSP allocation
(6) Performance Measures
N/A
(7) Total Budset:
$9,114,148 to be allocated as follows:
State NSP Program Administration $1,100,000
State Training and Technical Assistance $2,000,000
Local NSP Administration $6,014,148
(8) Responsible Organization:
Janice Browning, Director
Division of Housing and Community Development
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(9) Projected Start Date: March 1, 2009
(10) Projected End Date: February 28, 2011
ij ~j.
..; .i ~
.i4
(11) Specific Activit~Requirements:
~i
This does not include costs associated with carrying out activities eligible under Section
II(B)(3)(b) regarding homebuyer counseling.
. - ~
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35
Attachment IX
Neighborhood Stabilization Program Agreement (Contract
Number 10DB-4X-11-23-02-F16) between the DCA and the City,
dated October 5t", 2009.
4/ /
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
N4V 2 5 2Q09
FEDERAL EXPRESS
The Honorable Matti H. Bower, Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Neighborhood Stabilization Program -Award Agreement
Dear Mayor Bower:
THOMAS G. PELHAM
Secretary
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We are pleased to return to you the executed Neighborhood Stabilization Program~(NSP)
Subgrant Agreement with the Department of Community Affairs (DCA). The Agreement must
be retained in your official NSP files and made available for public review upon request. Please
note the following instructions before beginning your project.
• Do not incur or obligate more than $5,000 in expenses until you complete an
environmental review of the project and receive a release of funds notice from the
Department. You may incur up to $50,000 in administrative costs to cover the
environmental review and other start-up activities, if you requested and received
approval to incur pre-award cost.
• Your contract contains performance related Program and Special Conditions
(Attachment J) that must be met before funds for construction may be drawn. Review
your contract immediately and begin the process of meeting applicable .Program or
Special Conditions.
• Your contract also contains impportant information on reports that must be submitted
pperiodically (see Attachment D). Forms for the reports can be found on the
Department's web site. Also, the De artment cannot process an electronic payment,
request for an amount less than $5,000 ~uuless it is the final payment).
Due to the urgency of implementing NSP at the local government level, we are executiu~
the contract with you under the condition that should your Activity Work Plan not be finalized, it
must be revised and formally approved by DCA prior to the draw down of fiords.
2555 SHUMAR~f)- OAK BOULEVARD • TALLAHASSEE, FL 323992100
850-488-84.b5 fp) • 850-921-0781 ff) ~ Website: ~!v~w.dca.stat FI us
• COMMUNITY PI.AMNING 850-088.2356 (p) 850.ggea3pg (Q • ftORiDA COMMUNlT)ES TRU57 850A22-2207 iP) 8 50 32 1-1 79 7 p) •
• NOU5INC AND COMMUNITY OfVELOPM9JT 850.g88J956 (p) 850-92&5623 (Q ~
,.,
Paula A. Lewis, Chairperson
.October 5, 2009
Page 2
We Look forward to working with you and will provide technical assistance upon request. If you
have qquestions about your grant, please contact Deborah de la O at 850-922-1791 or
debra.delao(a~dca.state fl us.
Sincerel
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yn~1. Dupree
o ty Program Manager
to .Small Cities CDBG, Disaster Recovery
and Neighborhood Stabilization Programs
JD/dad
Enclosures
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STATE OF FLORIDA 2QQg OCT ' ~ ~~~ ~" 35
bEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: IODB-4X-11-23-02-F 16
rEDERALL'Y-IrUNDED SUBGRANT AGRE)CIYIENT
NEIGHBORHOOD STABILIZATION PROGRAM
THIS AGREEMENT is entered into by the State of Florida, Departrnent of Community Affairs, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and the City of Miami Beach,
1700 Convention Center Drive, Miami Beach, Florida 33139 (hereinafter referred to es the °Recipient°).
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the
services identified herein; and
B. The Department has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the temps and conditions below; and
C. The Department has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Department and the Recipient agree to the following:
(t) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A
• and Activity Work Plans, Attachment I of this Agreement, and the Sub-grant Application submitted by the Recipient
including subsequent revisions that are mutually agreed to by both parties, which are incorporated herein by
reference ("the Sub-grant Application").
(2) INCORPORATION OF LAWS. RULES REGULATIONS AND POLICIES
The Recipient and the Deparhnent shall be governed by the 2008 State of Florida Action Plan Substantial
Amendment and applicable State and Federal laws, rules and regulations, includingthoseidentified in Attachment
B.
{3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months. after the
date test signed, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement.
Contract extensions will not be granted unless Recipient is able to provide substantial justification and the Division
Director approves such extension. Extensions wiU be in accordance with the guidelines established in the 2008
State of Florida Action Plan Substantial Amendment.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement.
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(5) .RECORDKEEPING
(s) As epplicable, Recipient's performa~ice under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Govemments" (53 Federal Register
6034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local
Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-
122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit)
organization on acost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2
and 931.2.
(b) The Recipient shat l retain sufficient records to show its compliance with the terms of this
Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a
period of six years from the date the audit report is issued, and shall allow the Department or its designee, the State
Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure
that audit working papers are available to them upon request for a period of six years from the date the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions:
1. 1f any litigation, claim or audit is started before the six year period expires, and extends
beyond the six year period, the records shall be retained until all ]itigation, claims or audit findings involving the
' "records~have~been resolved. ~~~~ ~ ' '° ~ ~ ' ~ ~ - ° ~ ' '
2. Records for the disposition ofnon-expendable personal properly valued at $5,000 or more at
the time it is acquired shall be retained for six years after final disposition.
3. Records relating to real property acquired shall be retained for six years after the closing on
the transfer of title.
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants
to be paid from funds provided under this Agreement, including documentation of al! program costs, in a form
sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -
Attachment A -and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from
funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its
employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 e.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the
Depardnent.
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account far the receipt and expenditure of funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit by state
personnel and other personnel authorized by the Department. "Reasonable" shall ordinarily mean normal business
hours of 8:00 a.m. to 5:00 p.m., local lime, Monday through Friday.
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(c) The Recipient shall provide the Department with the records, reports or finnncial statements upon
request for the purposes of auditing and monitoring the funds awarded. under this Agreement.
(d) If the Recipient is a State or local government or anon-profit organization as defined in OMB
Circular A-133, as revised, and in the event that the Recipient expends 3500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordanoe with the provisions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources ewardcxl through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources oFFederal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guideline established by
OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with
the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 6 (d) above, the Recipient shall fulfill
the requirements for auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised.
If the Recipient expends less than SSD0,000 in Federal awards in its fiscal year, an audit conducted in
aa~rdance with the provisions of OMB Circular A-I33, as revised, is not required. In the event that the Recipient
expends less than 5500,000 in Federal awards in its fiscal year and chooses to have an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-
Federal funds,
{e) Send copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by subparagraph (d) above, when required by Section .320 (d), OMB Circular A-133, as
revised, by or on behalf of the Recipient to:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2]00
(also send an electronic copy to auritla.parrishQa dca.state.ti.us(
and
Department of Community Affairs
Florida Smali Cities Community Development Block Grant Program/NSP Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission
online at
http://harvester.census, gov/fadcollect/dde i nd ex. h tm
And to any other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
(f) Pursuant to Section .320 (t), OMB Circular A-133, as revised, the Recipient shall send a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management Letter
issued by the auditor, to the Department at the following addresses:
Rev 07/31/2009 Page 3
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Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
~atso send an electrot-ic copy io our[Ila.pnri~ishQdca.statc.tl.usj
and
Depargnent of Community Affairs
Florida Small Cities Community Development Block Grant ProgramMSP Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(g) By the date due, send any reports, management letter, or other information required to be
submitted to the Deparhment pursuant to #his Agreement in accordance with OMB Circular A-l33, Florida Statutes,
slid Chapters I0.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, ss applicable.
(h) Recipients should state the date that the reporting package was delivered to the Recipient when
submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133
or Chapters 10.550 (local governmental entities) or ]0.650 (nonprofit and for-profit organizations), Rules of the
Auditor General,
(i) If the audit shows that all or any portion of the funds disbursed were not spent in accordance with
the conditions •of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds
not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the
Department has notified the Recipient of such non-compliance.
{j) The Recipient shall have all audits completed by an independent certified public accountant (IPA),
either a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state
that the audit complied with the applicable provisions noted above. The audit must be received by the Department
no later than nine months from the end of the Recipient's fiscal year.
(7) PO TS
(a) The Recipient shall provide the Department with monthly reports and aclose-out report. These
reports shall include the current status and progress by the Recipierrt and all subrecipients and subcontractors in
completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition
to any other information requested by the Department.
- (b) Monthly reports are due to the Department no later than IS days following the last day of the
preceding month and shall be sent each month until submiss'son of the administrative close-out report. The ending
dates for each month shall be the last calendar day of the month.
(c) The close-out report is due 45 days after termination of this Agreement or 45' days after
completion of the activities contained in this Agreement, whichever first occurs.
(d) If all required reports and copies are not sent to the Department or are not completed in a manner
acceptable to the Depardnent, the Departrrtent may withhold further payments until they are completed or may take
other action as stated in Paregraph (I ])REMEDIES. "Acceptable to the Department" means that the work product
was completed in accordance with the Budget and Scope of Work.
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(e) The Recipient shall provide additional program updates or information that may be required by the
Department.
{f) The Recipient shall provide additional reports and information identified in Attachment D.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors
and/or consultants who are paid from funds provided under this Agreement, to ea~sure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and
other performance goals are being achieved. A review shall be done for each function or activity in Attachments A
and 1 to this Agreement, and reported in the monthly report.
}n addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits, and/or other
procedures. The Recipient agrees to comply and cooperate with any monitoring procedures/processesdaemed
appropriate by the Department. In the event that the Department determines that a limited scope audit ofthe
Recipient is appropriate, the Recipient agrees to comply with any additional iristructions provided by the
Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor
General. 1n addition, the Department will monitor the performance and financial management by the Recipient
throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(e) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat.. the
Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement, and shall hold the
Department harmless against all claims of whatever nature by third parties arising from the work performance under
this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor.
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Fla. Stat..
agrees to be fully responsible for its negligent or tbitious acts or omissions which result in claims or suits against the
Department, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set
forth in Section 768.28, la Stet. Nothing herein is intended to serve as a waiver of sovereign immunity by any
Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or
subdivision ofthe State of Florida to be sued by third parties in any matter arising out of any contract.
(l0) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part ofthe Department
to make further payment of funds shag, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (1 ]). However, the Department may make payments or partial
payments after any Events of Default without waiving the right to exercise such remedies, and without becoming
liable to make any further payment;
(a) if any warranty or representation made by the Recipient in this Agreement or any previous
agreement with the Department is or becomes false or misleading in any respect, or if the Recipient fails to keep or
Rev 07/31/2009 Page 5
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perForm any of the obligations, terms or covenants in this Agreement or any previous agreement with the
.. Department and has not cured them in timely fashion, or.is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in die financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change wiNrin thirty days from the date written
notice is sent by the Department.
(c) if any reports required by this Agreement have not been submitted to the Department or have been
submitted with incorrect, incomplete or insufficient information;
(d) ifthe Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(l l) REMEDIES
If an Event of Default occurs, then the Department may, upon thirty calendar days written notice to the
Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following
remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written
notice of such termination. The notice shall be effective when placed in the United States, first class mail, postage
prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (13) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Department any monies used for ineligible purposes under
the•laws, rules and regulations governing the use of these funds,
(e) Exercise arty corrective or remedial actions, to include but not be limited to:
1. request additional information firm the Recipient to determine the reasons for or the extent of
non-compliance or lack ofperformance,
2. issue a written warning to advise that more serious measures may be taken if the situation is
not corrected,
3. advise the Recipient to suspend, discontinue, or refrain from incurring costs for any activities
in question, or
4. require the Recipient to reimburse the Department for the amount of costs incun•ed for any
items determined to be ineligible;
(f) Exercise any other rights or remedies which may be otherwise available under law.
(p~ Pursuing any of the above remedies will not keep the Department from pursuing any other
remedies in this Agreement or provided at law or in equity. If the Department waives any right or remedy in this
Agreement or fails to insist an strict performance by the Recipient, it will not affect, extend or waive any other right
or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any
other default by the Recipient.
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('12) TERMINATION
(e) The Department may terminate this Agreement for cause with thirty days written notice. Cause
can include misuse of funds, fraud, lack of compliance with applicable ndes, laws and regulations, failure to perform
in a timely manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement for convenience or when it determines, in its sole
discretion, that continuing the Agreement would not produce beneficial insults in line with the further expenditure of
funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through a written
amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures
for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the
terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient
will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will
be disallowed. The Recipient shall not be relieved of liability to the Department because of any breach of
Agreement by the Recipient. The Department may, to the extent authorized bylaw, withhold payments to the
Recipient for the purpose of set-off until the exact amount of damages due the Department from the Recipient is
determined.
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand
delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address
set forth below and said notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is:
Deborah de Is 0, Grant Manager
Departrnent of Community Affairs, Division of Housing and Community Development, Small Cities
Community Development(iVeighborhood Stabilization Program, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100
Telephone: (850) 922-1791
Fax: (B50) 922-5609
Email: Deborah.delao~dea.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Ms. Matti Herrera Bower, Mayor
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33 i39
Telephone: (305) 673-7260
Fax; (305) 673-7772
Email: none available
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(d) in the event that different representatives or addresses are designated by either party after
execution of this Agreement, notice of the name, title and address of the new representative will be provided as
stated in (13)(a) above.
(]4) SUBCONTRACTS
if the Recipient subconU•acis any of the work required•under this Agreement, a copy of the unsigned
subcontract must be forwarded to the Department for review and approval before it is executed by the Recipient,
The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement,
(ii) the subcontractor is bound by all applicable state and federal taws and regulations, and (iii) the subcontractor
shall hold the Department and Recipient harmless against aft claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The
Recipient shall document in the monthly report the subcontractor's progress in performing its work under this
Agreement.
For each subcontract, the Recipient shall provide a written statement to the Department as to whether
that subcontractor is a minority vendor, as defined in Section 288.703, Fla Stat.
(15) TERMS AND CONDITIONS
This Agreement conffiins all the terms and conditions agreed upon by the parties.
(l6) ATTACHMENTS
(a) Al! attachments to Uiis Agreement are incorporated as if set out fully.
(b) In the event of any inconsis#encies or conflict behveen the Language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extant of the conflict or inconsistency.
(c) This Agreement has the following attachments (check all that are applicable):
® Exhibit 1 -Funding Sources
® AttachmentA-Budget and Scope of Work
® Attachment B -Program Statutes and Regulations
^ Attachment C - Recordkeeping (N/A)
® Attachment D -Reports
^ Attachment E - Justification of Advance (N/A) .
® Attachment F -Warranties and Representations
®Attachment G -Certification Regarding Debarment •
^ Attachment H-Statement of Assurances (N/A)
® Attachment I-Activity Work Plans
® Attachment J -Program and Special Conditions
® AtffichmentK-Signature Authorization Form
(17) FUNDING/CONSIDERATION
(a) This is acost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in
the satisfactory performance of work hereunder in an amount not to exceed $2,549,551.00, subject to the availability
of funds.
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(b) Any advance payment under this Agreeme<t is subject to Section 2tti.181(lti), Fla.Stat.. acid is
continge~tit upon the Recipient's acceptance of the rights of the Department under Paragraph (12)(b) of this
Agreemeut. The amount which may be advanced may not exceed the expected cash needs of the Recipient within
the first three (3) months of the contract term. Any advance payment is also subject to federal OMB Circulars A-87,
A-] 10, A-122 and the Cash Management Impc~ovement Act of 1990. If an advance payment is requested below, the
budget data on which the request is based and a justification statement shall be included in this Agreement as
Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the
necessity for and proposed use of these funds.
^ An advance payment is requested in the amount of $0.00. (check and complete if applicable)
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attaclunent A of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, ell obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of"Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Slat., if a check or other drift is returned to the Department
for collection, Recipient shall pay to the Department a service fee of Fifteen Do!]ars ($15.00) or Five Percent (596)
of the face amount of the returned check or draft, whichever is greater.
(]9) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or
response to a Department request, or in any submission or response to fulfill the requirements of this Agreement.
Ail of said information, representations, and materials are incorporated by reference. The inaccuracy of the
submissions or any material changes shall, at the option of the Department and with thirty days written notice to the
Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the
Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this
Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and
Rev 07/31/2009 Page 9
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I void to the.extent of the conflict, and shat] be severable; but shall.not invalidate any other provision of this
Agreement.
(c) Any power of approval or disapproval granted to the Department under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agt~eement may be executed in any number of counterparts, any one of which may be taken
as an original.
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,
42 U.S.C. Section 12101 et and the Florida Civil !tights and Fair Housing Acts (sections 760.01- 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
emplcyment, public accommodations, transportation, state and local government services, and telecommunications.
(f) A person or organization who has been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from
the date of being placed on the convicted vendor list or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives funds under
this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its
principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by a federal department or agency;
2. have not, within a 5 year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction;
violation of federal-or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, snaking false statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any offenses enumerated In paragraph 19{g)2. of this certification; and
4, have not within a 5-year period preceding this Agreement had one or more public transactions
(federal, state or local) terminated for cause or default.
If the Recipient is unable fo certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Department (by email or by facsimile transmission) the
completed "Certification Regarding Debarment, Suspension, Ineligibility and Volnntary Lrxclusion"
(Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. Such
form must be received by the Department before the Recipient enters into a contract with any subcontractor.
Rev 07/31/2009 Page 10
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(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by die Legislature, and subject to any modification in accordance witli Chapter 216, FBI ,
at. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061, Fla. Slat.
(k) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement if
the Recipient refuses to allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, f la. Slat., which the Recipient created or received under this Agreement.
(!) if the Recipient is allowed to temporarily invest any advances of fm~ds under this Agreement, any
interest income shall either be returned to the Department or be applied against the Department's obligation to pay
the contract amount.
{m) The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in
8 U.S.C, Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department
shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A{e) of the INA.
Such violation by the Recipient of the employment provisions captained in Section 274A(e) of the INA shall be
grounds for unilateral cancellation of this Agreement by the Department.
(n) The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Fla
Stet,,) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations tothe govemingboard. All of these meetings shall be publicly noticed, open to the public, and
the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla.
Stet.
(o) All unmanufactured and manufactured articles, materials, and supplies which are acquired for
public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a,
unless it would not be in the public interest or unreasonable in cost.
(20) _LOBBYING PROHIBITION
(a) No funds or other resources received from the Department under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge
and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
Rev 07/312009
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2. If any funds other than Federal appropriated funds have been paid or will be paid•to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying."
3. The Recipient shall require that this certification be included in the award documents for all
subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
(21) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and
entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or services
performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or
invention to the Department for a determination whether the State of Florida will seek patent protection in its name.
Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the
Department. Any copyrights accruing under or in connection with the performance under this Agreement are
transferred by the Recipient to the State of Florida.
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual
properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property
which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then,
under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal, authority to receive the funds under this Agreement and that
its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that
the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.
Rev 07/31/2009 Page 12
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(23) ASSURANCES. .
The Recipient shall comply wide any Siatemenl of Assurances incor~~orated as Attachment H.
1 Rev 07/31!2009
Page 13
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: IODB-4X-11-23-02-F l6
M WITNESS WH>;REOF, the parties have executed this Agreement by
the day, month and year set forth below.
RECIPIENT C~ ~ ~IC~11V' ~~ DEPAR T
By: te: ~ V9 By:
A t ized Signatur (Au rued
Matti Herrera Bower T pe N e: 7anic
(Print Name)
authorized officers on
AIRS ~j
Title: )wu3yor , t;zty oz P7zatni beach Title: Director. Division of Housine and Communitx
Development
Federal Tax ID# 59-6000372
D1JNS# 02-054-6289
APPROVED AS TO
FORM 8~ LANGUAGE
~ FOR EXECUTION
~ Ztiy~~
<~~~~s~ a~. ~r ~
CilyAttomey~~~, o"~"
Rev 07/31/2009 Page 14
i ~/
EXHIBIT - 7 '
THE FOLLOWMG FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federelagency
Catalog of Federal Domestic Assistance title:
Catalog of Federal Domestic Assistance #:
Award amount:
Florida Small
Cities Community
Development
Block Grant
Program
U.S. Department of
Housing and Urban
Deveiopment
Community
Development
Block
Grants/State's
Program and
Nonentitlement
Grants
14.228
~! ~, ~~J9, 5,~1. ao
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Compliance Requirement Program
1.. The Recipient will fupy perform the obligations In accorY.iance with
the Budget and Scope of Work, Attachment A of this Agn3emenf,
the subgrant application incorporated herein by reference, 24
C.F.R, Subpart 1, Sections 570.480- 570.497, the Housing and
Economic Recovery Act of 2008 (HERA), the State of Florida .
2008 Substantial Amendment, and Federal ReglsterNotice '
Numbers 5255-N-09 and 5255-N02.
2, The Recipient shall be governed by Rule Chapter 98-76, F.A.C.
and federal laws, rules and regulations, Induding but not limited
to those lden~ed in Attachments B end J.
Rev 07/3112009 Page 15
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Attachment 8
Program Statutes and Regulations
By signature of this Agreement, the local government hereby certifies that It will comply with the following
applicable federal and state requirements:
Section l: State and Federal Statutes and Regulations
1. CommuNly Development Biodk Grant, Final Rule, 24
C.F.R., Par1570.602;
2. Fiodda Small and Minority Business Act, s. 288.702-
286.714, F.S.;
3. Fladda Coastal Zone Profet3ion Acl, s. 161.52-161.68,
F.S.;
4. Local Government Comprehensive Planning and Land
Development Regulatlon Ad, Ch. 163, F.S.;
5. TIUe I of the Housing end Community Development Ad
of 1974, as amended
6. Treasury Cirrwlar 1075 regarding drawdown of NSP
funds
7. Sections 290.0401-290.049, F.S.;
8. Rule Chapter 98-76, Fla. Admtn. Code.;
9. Department of Community Affairs Technical
Memorandums;
10. HUD Circular Memorandums applicable to the Smatl
Cities CDBG Program;
11 Single Audfi Ad of 1884;
12. National Envronmentai PoAcy Act of 1969 and other
provisions of taw which further the purpose of this Ad;
13. National Historic Preservation Ad of 1966 {Public
1aw89.665} as amended and Protection of Wstoric
Properties (24 CFR Part 800);
14. Preservation of Archaeological and Historical Data Ad
of 1966;
15. F_xecutlve Order 91593 -Protection and F.nhancemani
of Cultural Environment;
16. Reservoff Salvage Ad;
i7. Safe Drinking Water Act of 1874, as amended;
i 8. Endangered 5pedes Ad of 1958, as amended;
19. Executive Order 12898 - Farvironmentai Justice
20. Facer:rrrtlve Order 11968 and 24 CFR Part 55 -
Floodplain Management;
21. ~ The Federal Water Patlutlon Control Ad of 1972, as
amended (33 U.S.C., s. 1251 et.seq.);
22. Executhte Order 11990 -Protection of Wetlands;
23. Coastal Zone Management Ad of 1868, as amended;
24. Wdd and Scenic Rivers Ad of 1968, as amended;
26. Clean Air Ad of 1977;
26. HUD Environmental Standards (24 CFR Part 58);
27. Farmland Protection Po11cy Ad of 1961;
28. Gears Water Ad of 1977;
29. Davis -Bacon Wage Rate Ad;
30. Contract Work Hours and Safety Standards Ad of
1962, 40 U.S.C. s. 327 et seq.;
31. The Wiidtlte Coordination Ad of 1956, as amended;
32. The Solid Waste Disposal Ad, as amended by the
Resouroe Conservation end Recovery Act of 1975 (42
U.S.C., s. 6801 et. seq.);
33. Ndse Abatement and Control: Departmental PoOcy
Implementation, ResponslbiUUes, and Standards, 24
CFR Part 51, Subpart B;
34. Flood Disaster Protection Act of 1973, P.L. 92-234;
35. Protection of Historic and Cultural Properties under
HUD Programs, 24 CFR Part 58;
36. Coastal Zone Management Ad of 1972, P.L. 92-583;
37. Architectural end Consfruclion Standards;
38. Archltecturel Barriers Ad of 1968, 42 U.S.C. 4151;
39. Executive Order 1 f 296, relating to evaluation of flood
hazards;
40. Executive Order 11288, relating to prevention, control
and abatement of water pollution;
41. Cost-Effective Energy Conservation Slandarkls, 24
CFR Part 39;
42. Section 8 F_xistlng Housing Quatlty Standards, 24 CFR
Part 882;
43. Coastal Barrier Resource Ad of 1982;
44. Federal Fafr Labor 5landatds Ad, 29 U.S.C., s. 201 eL
seq.;
45. .Tide VI of the Civil Rights Ad of 1964 - Non-
discrimination;
46. Title Vtl of the Civil Rights Ad of 1988 - Non-
dlscdminatlon in housing;
47. Age Discriminatlon Ad of 1975;
48. Executive Orcler 12892- Fair Housing
49. Section 109 of the Housing and CommuNty
Development Act of 1974, Non-discrimination;
50. Section 504 of the Rehabilitation Act of 1973 end 24
CFR Part 8;
61. Executlve Order 11063 -Equal Opportunity !n
Housing;
52. Exekxrtive Order 11246 -Non-discrimination;
53. 5edion 3 of the Housing and Urban Development Ad
of 1968, as amended - EmploymentlTrefn(ng of Lower
income Residents and Local Business Contreding;
54. UNfomt Relocation Assistance and Ree! Property
Acquisitlon Polities Ad of 1970, P.L., 100-17, and 49
CFR Part 24;
55. Copeland An0-Kickback Ad of 1934;
56. Hatch Ad;
57. Titre IV Lead-Based Paint PolsoNng Prevention Ad
(42 U.S.C., s. 1251 et seq.);
58. OMB Circulars A-87, A-102, A-122, and A-133, as
revised;
59. AdmiNstraWe Requirements for Grants, 24 CFR Pert
Sb;
60. Section 102 of the Department of Housing and Urban
Deveopmeni Reform Act of 1989 end 24 CFR Part 12.
81. Title ill of Division B of the Housing Recovery end
Ewnomlc Ad of 2008 (HERA), P.L. 110-289.
62. Approved State of Florida 2008 Action Plan
6ubslantiai Amendment
63. Federal Register NoBce Numbers 5265-N-01 end
szs6-N-oz.
Page 17
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Attachment C
Recordlcecping
Not Applicable
18
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Attachment D
Repos•ts
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely f le these reporls constitutes an event of default, as defined in
Paragraph (10) of this Agreement.
1. The Contractual Obligation and MBE Report must be submitted to the Department by
April 15 and October l5 annually. The form must reflect all contractual activity for the
period. If no activity has taken place during the reporting period, the form must indicate
"no activity".
A Monthly Progress Report must be submitted to the Department fifteen (IS) days after
the end of the month on the report form provided .by the Deparhnent. The report is due
on the 15~' of the following month.
3. The Administrative Closeout Package must be submitted to the Department forty-five
(45) days after the Agreement termination date.
4. ~ In accordance with OMB Circular A-133, revised, should the Recipient meet the
threshold for submission of a single or program specific audit, the audit must be
conducted in accordance wi#h OMB Circular A-I33 and submitted to the Department no
later than nine (9) months from the end of the Recipient's fiscal year.
5. The Section 3 Summary Report must be completed and submitted to the Department by
July 31 annually. The form must be used to report annual accomplishments regarding
employment and other economic opportunities provided to persons and businesses that
meet Section 3 requirements.
19
~~ ' i
AttacI~ment L~
Justification of Advance Payment
Not Applicable
.%
20
+,
~,
Docnmentl Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(l) Accurate, current and complete disclosure of the financial results of this project or
program.
(2) Records that identify the source and use of funds for all activities. These records
shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets.
Recipient shall safeguard all assets and assure that they are used solely for authorized
purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment.
Whenever appropriate, financial information should be related to performance and
unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the teems and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
I , 21
i
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Competition
All procurement transactions shall be done in a manner to provide open and free competition.
The Recipient shall be alert to conflicts of interest as wel! as noncompetitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure excellent contractor performance and eliminate unfair competitive advantage, contractors
that develop or draft specifications, requirements, statements of work, invitations for bids and/or
requests for proposals shall be excluded from competing for such procurements. Awards shall be
made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most
advantageous fo the Recipient, considering the price, quality and other factors. 'Solicitations
shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or
offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in
the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. No employee, officer, or agent
..shall participate in the selection,. award, or administration of a.contract supported by public grant
.. funds if a real or apparent conflict of interest would be involved. Such a conflict would arise
when file employee, officer, or agent, any member of his or her immediate family, his or her
partner, or an organization which employs or is about to employ any of the parties indicated, has
a financial or other interest in the firm selected for an award. The oficers, employees, and agents
of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value
from contractors or parties to subcontracts. The standards of conduct shall provide for
disciplinary actions to be applied for violations of the standards by officers, employees, or agents
of the Recipient.
22
/ i
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Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public,
and at (east one employee on site at atl reasonable tunes for business. "Reasonable" shall be
construed according to circumstances, but ordinarily shall mean normal business hours of 8:00
a.m, to 5:00 p.m., local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have alt current licenses and
permits required for all of the particular work for which they are hired by the Recipient.
-.
~ / 23
~,
~,
Attachment C
Subcontractor Covered Transactions
Miami Beach Community
(l) The prospective subcontractor of the Recipient, Development Cornorati~rtii'ies, by
submission of this document, that neither it nor its principals is presently debarred,
suspended, proposed foi• debarn~ent, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the Contractor's subcontractor is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
Miami Beach Community Developmeat•Corp. City of Miami Beach
(Sub-Contractor's Name) (Recipient's Name)
(Au prize igna re)
Date: 1 ! t"~ c'~
Roberto Datorre President
(Print Name and Title)
94S Pennsylvania Avenue
(Street Address)
Miami. Beach, FL 33139
lODB-4X-11-23-02-F 16
(DCA Contract Number)
(City, State, Zip)
i
24
Att~climent ~T
Statement o!'Assnrances
Not ApplicAble
,~ / 25
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Attachment J
P-•ogram and Special Co--ditions
I. The Recipient shall maintain records of expenditure of funds from all sources that
will allow accurate and ready comparison between the expenditures and the
contracted budget/activity line items as defined on Attachment A (Budget) and
Attachment I (Work Plans).
2. If necessary, the Recipient shall retain sufficient administration funds to ensure
Internet access, including email, for the duration of the Agreement, including any
time extensions. If the Recipient does not already have a computer designated to
the person responsible for grant oversight, which is located in the program office
and capable of Internet access, administrative funds may be used as needed to
obtain, at reasonable cost, a computer to allow Internet access.
3. No costs may be incurred prior to the effective date of this Agreement, except for
those eligible application preparation costs outlined in the original Subgn3nt
Application submitted to the Department, unless pre-agreement costs were
approved in writing.
4. For each professional services contract for which NSP funding will be requested,
the Recipient shall submit a coUY of the following procurement documents:
a. Public notice of the request for proposals, including an affidavit of
publication;
b. List of entities to whom a notification of the request for proposals was
provided by mail or fax (if applicable);
c. For engineering contracts, a list of firms that submitted a proposal (only if
short-listing procedure was used);
d. Completed short-listing evaluation/ranking forms, including any ranking
summary document, and document transmitting the short-listed firms to
the Recipient (only ifshort-listing procedure used);
e. Completed and signed final evaluation/ranking forms;
f. Recipient minutes approving contract award;
g. Cost breakout from selected firm used for completion of the cost analysis
(if pricing information was not submitted with proposals);
h. Contract (signed or proposed);
27 ~
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Truth-in-Negotiation certification (if not in the contract) for engineering
eoiitracts over $150,000;
j. If s protest was filed, a copy of the protest and documentation of
resolution;
k. A request for the Department's approval of a single source procurement if
only one • frm was considered and the contract exceeds $25,000.
Additionally, the Recipient shall not enter into a contract to be paid with
NSP funds based on a sole source or single proposal procurement without
prior written approval from the Department. Failure to secure prior
written approval shall relieve the Department of any obligation to fund
said contract. Any previous payments to the Recipient to fund said
contract shall be ineligible and shall be repaid to the Department by the
Recipient.
If a regional planning council or local government is performing services,
the Recipient shall submit only a copy of the contract and cost analysis
information; and
m. If professional services procurement will not be undertaken, advise the
Department in writing no later than ninety days from the effective date.
4. Prior to the obligation or disbursement of any funds, except for administrative
expenses not to exceed fifty thousand dollars ($50,000), no later than ninety days
from the effective date of this Agreement, the Recipient shall complete the
following:
a. The documentation required in paragraph 3 above for any professional
services contract.
b. Comply with procedures set forth in 24 CFR Part 58, Environmental
Review Procedures for Title I Community Development Block Grant
Programs and 40 CFR Sections 1500-1508, National Environmental
Policy Act Regulations. When this condition has been fulfilled to the
satisfaction of the Department, the Department will issue a. Notice of
Removal of Environmental Conditions.
5. The Recipient shall obtain approval from the Department prior to requesting NSP
funds for engineering activities and costs which are additional engineering as
defined in Rule Chapter 9B-76, Florida Administrative Code.
6. Should the Recipient undertake any activity subject to the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), the
Recipient shall document completion of the acquisition by submitting aq
documentation required for a desk monitoring of the acquisition, including notice
28 ~ ~
~I
r
!,.
to the property owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals, offer to the owner, acceptance, contract for sale,
statement of settlement costs, copy of deed, waiver of rights (for donations), as
applicable. The documentation shall be submitted prior to completing the
acquisition (closing) so that the Department can determine whether remedial
action may be needed. This program condition shall remain in effect until the
Recipient is released by the Department through written notification.
7. The Recipient will comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR Part
24, except as those provisions are modified by the Notice for the NSP program
published by HUD. NSP requires an exception to the Uniform Relocation Act
and purchase price requirements under CDBG regulations. URA requires that
sellers of property acquired with CDBG funds be paid an amount equal to the
appraised value of the property. Properties receiving NSP ~ funds must be
purchased at a price which. is at least 1% less than the current appraised value of
the property. An appraisal by the purchasing entity is required and must have been
done within 60 days of any offer. All other URA requirements, including
relocation, continue to apply.
8. If applicable, the Recipient shall, prior to the disbursement of any NSP
administrative funds exceeding $50,000., provide to the Department a copy of all
engineering specifications and construction plans, if required, for the activities
described in the Agreement. The Recipient shall also furnish to the Department,
prior to soliciting bids or proposals, a copy of bid documents for services and/or
materials to provide those services and/or materials for construction activities
when the bids are expected to exceed $25,000. Additionally, the Recipient shall
not publish any request for bids for construction purposes or distribute bid
packages until the Department has provided its written acceptance of the
engineering specifications, construction plans, and bid documents.
9. The Recipient shall affirmatively further fair housing, which means that it shall
conduct an analysis to identify impediments to fair housing choice within the
jurisdiction, take appropriate actions to overcome the effects of any impediments
identified through that analysis, and maintain records reflecting the analysis and
actions in this regard. The Recipient shall annually undertake an activity to
affirmatively further fair housing pursuant to 24 CFR Section 570.487(b)(4).
"Annually" shall be defined as an activity for each year or one-third thereof from
the effective date of the Agreement to the date of submission of the administrative
closeout package:
10. The resulting product of any activity funded under this Agreement as amended
shall be ineligible for rehabilitation or replacement with NSP funds for a period of
five (5) years.
. ''
29 ~!
i
11. Any interest in real property (excluding easements) which is assisted, acquired or
improved with NSP funds shall be subject, at a minimum, to the affordability
requirements of 24 CFR Sections 252 and 254. The restrictive covenants shall be
recorded in the public records of the county where the real property is located,
and shalt be enforceable with respect to the real property for the entire period of
affordability. This restriction shall limit the use of that real property to the use
stated in the Sub-grant Application. Any future disposition of that real property
shall be in accordance• with 24 CFR Section 85.31. Any future change of use
. shall be in accordance with 24 CFR Section 570.489(j).
}2. The activities concerning feed-based paint wilt comply with the requirements of
24 CFR Part 35, subparts A, B, J, K, and R. For structures constructed prior to
1978, the Recipient shall require that appropriate abatement procedures will be
undertaken if lead-based paint is found on a structure scheduled for rehabilitation
in whole or in part with NSP funds and that the owners andlor occupants of the
building will be advised: •
a. The property may contain lead-based paint;
b. The hazards of lead-based paint;
c. The symptoms and treatment of lead poisoning;
The precautions to be taken to avoid lead-based paint poisoning (including
maintenance and removal techniques for eliminating such hazards);
e. The need for and availability of blood lead-level screening for children
under seven years of age; and
13. The Recipient shall comply with the historic preservation requirements of 24 CFR
58.17 and the Secre of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to Section 102(6), Public Law 101-235, 42 U.S.C. Section 3545, the
Recipient shall update and submit Form H'UD 2880 to the Department within 30
days of the Recipient's knowledge of changes in situations which would require
that updates be prepared. The Recipient must disclose:
a. All developers, contractors, consultants, and engineers involved in the
application or in the planning, development, or implementation of the
project or NSP funded activity; and
b. Any person or entity that has a financial interest in the project or activity
that exceeds $50,000 or ten percent (10%) of the grant, whichever is less.
,,30~
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15. A final Form HUD 2880, if required, shall be provided to the Department with the
request for administrative closeout, and its absence 'or incompleteness shall be
cause for rejection of the administrative closeout.
16. Conflicts of interest relating to procurement shall be addressed pursuant to 24
CFR 570.489(g). Conflicts of interest relating to acquisition or disposition of real
property; NSP financial assistance to beneficiaries, businesses, or other third
parties; or any other financial interest, whether real or perceived, shall be
addressed pursuant to 24 CFR. 570.489(h).
17: The Recipient shall take photographs or video of all activity locations prior to
initiating any NSP-assisted activity. As the construction progresses, additional
photography or videography shall document the ongoing improvements. Upon
completion of construction, final documentation of the activity locations wilt be
provided to the Department with the administrative closeout package.
18. If an activity is designed by an engineer, architect, or other licensed professional,
it shall be certified upon completion by a licensed professional as meeting the
specifications of the design, as may have been amended by change orders. The
date of completion of construction shall be noted as part of the certification. This
certification shall be accomplished prior to submission of an administrative
closeout package, and a copy of the certification shall be submitted with the
administrative closeout package.
I9. The Recipient warrants that it possesses the legal authority to cant' out the
programs for which it is seeking funding, in accordance with applicable HUD
regulations and other program requirements.
20. .The Recipient shall comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u), and implementing regulations at 24
CFR Part 135.
21. The Recipient will comply with the requirement that all of the NSP funds made
available to it will be used with respect to individuals and families whose incomes
do not exceed 120 percent of area median income. All funds allocated to assist
the NSP Low-Income (NSPLI) target population must be used to provide rental
housing for those individuals and families whose incomes do not exceed 50
percent of area median income.
22. The .Recipient will not attempt to recover any capital costs of public
improvements assisted with CDBG funds, including Section l08 loan guaranteed
funds, by assessing such costs against properties owned and occupied by persons
of low- or moderate-income. No fee may be charged or assessed as a condition of
obtaining access to such public improvements. However, ifNSP funds are used to
pay the portion of a fee or assessment attributable to the capital costs of public
improvements assisted in part with. N.SP. funds or financed from other revenue
~ 31
.~
.'
sources, an assessment or charge may be made against the property with respect
to the public improvements financed by a source other than CDBG funds. 1n
addition, with respect to properties owned and occupied by moderate-income (but
not low-income) families, an assessment or charge may be made against the
property with respect to the public improvements financed by a source other than
NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover
the assessment.
23. The Recipient certifies that it has adopted and is enforcing: (1) a policy
prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and (2) a policy of enforcing applicable State and local laws
against physically barring entrance to or exit from, a facility or location that is
the subject of such non-violent civil rights demonstrations within its jurisdiction.
24. The NSP grant will be conducted and administered in conformity with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C.
3601-3619), and implementing regulations.
25. The Recipient acknowledges and agrees to comply with the requirement that all
purchases of foreclosed or abandoned property must be purchased at a price
which is at least 1% below appraised value for individual purchase transactions,
with the appraisal being conducted within 60 days of the final offer to the
purchase being made.
Mitigation of fraud, waste and abuse
26. Recipient shall warrant and assure that no entity receiving NSP funds has been
convicted of a State .or Federal felony crime involving fraud, bribery, the$,
misrepresentation of materiai fact, misappropriation of funds, or similar criminal
offenses within ten years preceding execution of this Agreement.
27. Recipient shall warrant and assure that no entity receiving NSP funding has
defaulted on any obligation covered by a surety or performance bond, or been the
subject of a claim under an employee fidelity bond.
28. Recipient shall warrant and assure that no developer (non-profit or for-profit)
receiving NSP funds has defaulted on a mortgage or had a mortgage foreclosed
during the five years preceding the date of execution of this Agreement.
i
~ ~ 32
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29. ,Recipient shall warrant and assure that no entity receiving NSP funds has
unresolved Endings that were raised as a result of any Department or HUD audit,
management review, or other government investigation concerning the entity, its
developments, or contracts.
30. Recipient shall warrant and assure that no entity receiving NSP funds has been in
breach of any agreement relating to construction, rehabilitation, use, operation,
management, or disposition of real property, or had payments suspended or
terminated under any state or federal assistance contract.
31: The Department reserves the righfito require the Recipient to contract with a third
party management or accounting entity to audit any or all real estate and financial
transactions involving NSP funds.
Use of Third Party Entities
1. Before disbursing any NSP funds to any entity, the Recipient must enter into a
written agreement with that entity. Before disbursing any NSP funds to any entity,
the Recipient must either directly or indirectly oversee the execution of written
agreements with that entity, including sub-recipients, contractors, and property
owners, that ensure the proper use of funds and compliance with applicable
regulations. Sub-recipients must also enter into, or oversee the execution of,
written agreements with or between any contractors, properly owners, or other
entities, prior to disbursing NSP funds.
2. The Recipient shall monitor the day-#o-day operations of sub-recipient activities
to assure compliance with applicable Federal requirements and performance
goals. Recipient monitoring must cover each NSP strategy, function, or activity.
Housing Rehabilitation S#andards
1. The Recipient shall provide assistance for the rehabilitation of housing in a
floodpIain only after documenting in the rehabilitation case file for that structure
that the Recipient and the beneficiary are in compliance with the Flood Disaster
Protection Act of 1973. This documentation must address, at a minimum,
elevation requirements, erosion, and water, sewage, or septic tank requirements.
Each structure located within a floodplain that is rehabilitated to any extent with
NSP funds shall be insured under the National Flood Insurance Program until at
least submission of the administrative closeout package.
2. The Recipient must comply with the NSP Housing Assistance Plan (HAP) that
was provided to the Department as part of the application process. The Recipient
agrees that this Housing Assistance Plan will be followed unless waived by the
local governing body and approved by the Department. Department approval is
required for. HAP. revisions made.after application deadline.
~ ~ 33
3. Bids~for rehabilitation or•reconstruction of housing units shall only be accepted
from contractors who are properly licensed by the State of Florida, Department of
Business and Professional Regulation and any local government agency
responsible for oversight.
a. A sffitement from the contractor that all items on the initial work write-up
and those modified through change orders are complete;
b. An acknowledgment that the housing unit meets the applicable local code
and Section 8 Housing Quality Standards, signed and dated by the local
building inspector or the local government's housing rehabilitation
specialist;
c. A signed statement by the housing unit owner or his or her representative
that the work has been completed based on the work write-up and change
orders. Should al[ requirements be fulfilled and the homeowner or their
representative refuse to acknowledge completion of the work, the housing
unit case file shall be documented with a statement detailing the stated
reason for said refusal;
7. Recipients are responsible for verifying and maintaining documentation verifying
that households receiving direct benefit, in the form of hook-ups to potable-water
andJor sewage collection lines, meet program requirements regarding the tow-,
moderate- and middle income national objective. The filing system must be
maintained locally and at a minimum contain the following:
a. The name of the owner, the address of the property, and family size;
b. The method and source of how household income was verified;
c. Documentation that reflects the income of the household is below NSP
income limits based on family size; •
d. The method and source of home ownership was verified with official
documentation; and,
S. Change orders for housing rehabilitation or reconstruction shall be approved by
the housing unit owner or his or her representative, the contractor and a
representative of the local government prior to initiatia~ of work based on that
change order.
6. To document completion.of construction, each housing unit case file shall contain
the following information:
'~ : ~ 34
~~
e. An acceptable written agreement with the owner(s) as to affordability and
subsequent rate increase, if rental property is involved.
The information must be maintained for review and verifcation during on-site
monitoring visits; and,
8. The following data will be provided by housing unit as part of the administrative
closeout for each NSP activity providing direct benefit (i.e. down payment
assistance, tempo-•ary relocation, rehabilitation, etc.) and summarized by activity
and submitted with the administrative closeout package:
a. Address of each housing unit acquired and/or rehabilitated with NSP
funds, the date the construction or sale was completed on the housing unit,
and the amount of NSP funds spent on that housing unit;
b. Whether the household is headed by a female, the number of handicapped
persons in the household, the number of elderly persons in the household,
and the LMMI status of the household;
c. The number of occupants in the household, categorized by gender; and
d The racial demographics of the household by number (white, black,
Hispanic, Asian/Pacific Islander. Hasidic Jew or American Indian/Alaskan
native.
~~
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35
Aitachment K
~• '•
Department of Community Affairs ~
Neighborhood Slabilizatlon Program ~~~~q
Florida Small Cities Community Development B1odc Grant (CDBG) Program
SIGNATURE AUTHORITY FORM 1009 OC~ 1 ~ pt~ ]l: 3S
eadr
rtucipiun~ Contract # Local Government DUNS
City of Miami Beach 10D8-4x-11-23-02-F 16 Number
02=054-6289
Mailing Address (Street or Post Office Box)
1700 Convention Center Drive
City, State and Zip Code
Miami Beach, FL 33139
Project Contact Person Telephone #
Anna Parekh, Director (305) 673-7260
Office of Real Estate, Housing and Community Development E-mail Address
Financial Contact Person
Trish Walker, Chief Financial Officer
E-mail Address
i
requests roc runtls (RFFs) from the Florida Small Cities CDBG Program require (check one): [x] one signature [ ],two
signatures of individuals authorized below. No more than two individuals can be authorized to use Florida PAPERS. CDBG
contracts require that at least one (1) RFFs must bs submitted each quarter and should reflect all expenditures
incurred Burin that re ortin eriod.
Typed Name [fie ~~ Si re G~e
Parekh y
Check here if the above person wtl! be the E-ma I A dress
designated HoridaPAPERS user. ~ap~•ej~ 'ttmibeachfl. ov
Typed Name Date Signature
[ )Check here if the above person will be the
e
Telephone #
E-mall Address
Date ~ Signature
[ ]Check here if the above person will be the E-mail Address
deli Hated FloridaPAPERS user.
I certify, as the recipient's Chief Elected Offldal, that the above signatures are of the individuals auttiorized to sign Requests For
Funds and to submit RFF's electronically to the Small Clues Community Development elodc Grant Program using RoHdaPAPERS.
Typed Name D~ ~ Signa re
Matti Herrera Bower Ma or '`
[X] Check here if your local government udllzes Eledxonic nds ransfer ( f m e f Rori
[X] Check here if your local government will be working on a reimbursement ba
[X] If this signature authority form perta[ns to a houslna grant, check here If your local government will use an ess:row account
-- ~-••-~-- -1...•.
~~~ r~n~~~~~ ,u i~ governments using EFT are automatically deposited in the local government's general account If
Interest bearing, the CDBG funds must be transferred to anon-Interest bearing acoounk Please qll the CDBG
Program at 85Q/g22-1878 or 487-3644 if you have ques8ons. You can check the status of your deposit at the Comptrollers
website: httoJ/flalr.dbfstate fl us/
----• o---••••••~•••~ ....~,o~a,,.,,,y ~,-,, ena nog wonung on a reimbursement basis, must establish anon-Interest bearing
account Information for the financial Institution (Insured by FDIC) below. All signatures on the account must be t»mded.
I sweet quoress or Post t?fiice Box /Telephone Number
Qly, State and Zlp Code
36