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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call /some"
CHARLIE CRIST
Governor
THOMAS G. PELHAM
Secretary
NOV 2 5 2009
FEDERAL EXPRESS '`
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The Honorable Matti H. Bower, Mayor n c~~ :Y-~
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City of Miami Beach ~, x
1700 Convention Center Drive «, ~ _~ ,':s
Miami Beach, Florida 33139 ~:' ',...
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Re: Neighborhood Stabilization Program -Award Agreement
Dear Mayor Bower:
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 m your official NSP files and made available for public review upon request. Please
note the following instnictions 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
env>rronmental review and other start-up activities, if you requested and received
approval to incur pre-award cost.
• Your contract contains performance related Program and S ecial Conditions
(Attachment J) that must be met before fluids 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
periodically (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 unless it is the fmal payment).
Due to the urgency of implementing NSP at the local govermnent level, we are executuig
the contract with you under the condition that should your Activity Work Plan not be finalized, it
must be revised and fornally approved by DCA prior to the draw down of fiends.
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 -
850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us
• COMMUNITY PLANNING 850-088-2356 (p) 850.488d309l0 • FLORIDACOMMUN171E5TRUST 850.922-2207 (p) 850.921-1747 (f)
• HOUSING AND COMMUNITY DEVELOPMENT 850-088.7956 (p) 850.922-5623 (D
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Paula A. Lewis, Chairperson
October 5, 2009
Page 2
We look forwazd to working with you and will provide technical assistance upon request. If you
have qquestions about your grant, please contact Deborah de 1a O at 850-922-1791 or
debra.delaona dca.state fl us.
Sincerel
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G ~ ~ t9- , U
c ie yn~V. Dupree
o uuty Program Manager
to d Small Cities CDBG, Disaster Recovery
and Neighborhood Stabilization Programs
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Enclosures
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STATE OF FLORIDA Z~flS G~~' - ~ (~(~ ~~ 35
DEPARTMENT OF COMMUNITY AFFAIRS
Contract Number: IODB-4X-11-23-02-F ]6
FEDERALLI'-FUNDED SUBGRANT AGREEMENT
NEIGHBORHOOD STABILIZATION PROGRAM
THIS AGREEMENT is entered into by the State of Florida, Department 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 as 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 terms 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:
(1) 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 Department shall be governed by the 2008 State of Florida Action Plan Substantial
Amendment and applicable State and Federal laws, rules and regulations, including those identified 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 last 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 will be in accordance with the guidelines established in the 2008
State of Florida Action Pian Substantial Amendment.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions ofthis Agreement. Changes which are agreed upon
shall be valid only when in writing, signed by each of the parties, and attached to the original ofthis Agreement.
Rev 07/31/2009 Page 1
(5) RECORDKEEPING
(a) As applicable, Recipient's performance under this Agreement shall be subject to the federal
"Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register
8034) 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 shall 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 dale the audit report
is issued, unless extended in writing by the Department. The six year period may be extended for the following
exceptions:
tf 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 litigation, claims or audit findings involving the
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records have been resolved. -
2. Records for the disposition of non-expendable personal property 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 alJ 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 a.m. to 5:00 p.m.,
local time, on Monday through Friday. "Agents" shalt include, but not be limited to, auditors retained by the
Department.
(ti) AUDIT REQUIREMENTS
{a) The Recipient agrees to maintain financial procedures and support documents, in accordance with
generally accepted accounting principles, to account for 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 time, Monday through Friday.
Rev 07/31/2009 Page 2
(c) The Recipient shall provide the Department-with the records, reports or financial 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 $500,000 or more in Federal awards in its
fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions
of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement shows the Federal resources awarded through
the Department by this Agreement. In determining the Federal awards expended in its fiscal year, the Recipient
shall consider all sources of Federal awards, including Federal resources received from the Department. The
determination of amounts of Federal awards expended should be in accordance with the guidelines established by
O~QB 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 Pazagraph 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 $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-] 33, as revised, is not required. In the event that the Recipient
expends less than $500,000 in Federal awards in its fiscal yeaz 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), OA4B 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 Shurnard Oak Boulevard
Tallahassee, Florida 32399-2100
(also send an electronic copy to aurilla.parrish@dca.state.fl.us)
and
Department of Community Affairs
Florida Small 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/fac/collect/ddeindex.html
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 (f), OMB Circular A-I33, 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 6y 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
(also send an electronic copy to aurilfa.par•rishQdca.state.tl.us(
and
Department 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 Department pursuant to this Agreement in accordance with OMB Circular A-133, Florida Statutes,
and Chapters IO.SSD (local governmental entities) or 10.650 {nonprofit and for-profit organizations), Rules of the
Auditor General, as app{icable.
(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 10.b50 (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 beheld 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.
Q) 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) REPORTS
(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 Recipient 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 1 S days following the last day of the
preceding month and shall be sent each month until submission 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 Department, the Department may withhold further payments until they are completed or may take
other action as stated in Paragraph (1 ])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 ensure that time schedules are being
met, the Schedule of Deliverables and Scope of Work are being accomplished within the specifed time periods, and
other performance goals are being achieved. A review shall be done for each function or activity in Attachments A
and I 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/processes deemed
appropriate by the Department. In the event that the Department determines that a limited scope audit of the
Recipient is appropriate, the Recipient agrees to comply with any additional instructions 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. ]n 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
(a) 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
Deparhnent, 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 tortious 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 exterrt set
forth in Section 768.28, Fla. Stat. 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 of the State of Florida to be sued by third parties in any matter arising out of any contract.
(I 0) DEFAULT
If any of the following events occur {"Events of Default"), all obligations on the part of the Department
to make further payment of funds shall, if the Department elects, terminate and the Department has the option to
exercise any of its remedies set forth in Paragraph (11). 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) ]f 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
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Rev 07/31/2009 Page 5
perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the
Department and has not cured diem in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time during the
term of this Agreement, and the Recipient fails to cure this adverse change within 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 Deparhnent or have been
submitted with incorrect, incomplete or insufficient information;
(d) If the Recipient has failed to perform and complete in timely fashion any of its obligations under
this Agreement.
(I 1) REMEDIES
]fan 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 thinly 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 ac#ion 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 any corrective or remedial actions, to include but not be limited to:
1. request additional information from the Recipient to determine the reasons for or the extent of
non-compliance or lack of performance,
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, ar
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4, require the Recipient to reimburse the Department for the amount of costs incun•ed for any
j items determined to be ineligible;
_(f)__Exercise any other rights or remedies which may be otherwise available under law,
(g) 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
I Agreement or fails to insist on 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
i other default by the Recipient.
Rev 07/31/2009 Page 6
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(12) TERMINATION
(a) 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 rules, 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 l 19, 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 results 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 by law, 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) Al! 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 ]a O, Grant Manager
Deparhnent of Community Affairs, Division of Housing and Community Development, Small Cities
Community Development/ Neighborhood Stabilization Program, 2555 Shumard Oak Boulevazd, Tallahassee,
Florida 32399-2100
Telephone: (850) 922-1791
Fax: (850) 922-5609
Email: Deborali.delao@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is:
Ms. Matti Henera Bower, Mayor
City of Miarni Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Telephone: (305) 673-7260
Fax: (305) 673-7772
Email: none available
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Page 7
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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 {l3){a}above.
(14) SUBCONTRACTS
If the Recipient subcont~•acts any of the work required under this Agreement, a copy of the w~signed
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 ail applicable state and federal laws and regulations, and (iii) the subcontractor
shall hold the. Department and Recipient harmless against all claims of whatever nature arising out of the
subcontractor's performance of work under this Agreement, to the eaKent 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.
(l5) TERMS AND CONDITIONS
This Agreement wntains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) Ali attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement and the
attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency.
(c) This Agreement has the following attachments {check all that are applicable):
® Exhibit 1 -Funding Sources
® Attachment A -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 1-Program and Special Conditions
® Attachment K -Signature Authorization Form
(l7) 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.
Rev 07/31/2009 Page 8
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(b) Any advance payment under this Agreement is subject to Section 216.18](16), Fla.Stat., and is
contingent upon the Recipient's acceptance of the rights of the Department under Paragraph (l2)(b} of this
Agreement. 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-110, A-122 and the Cash Management Improvement 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 $0.00. (check and complete if applicable)
{c) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The
Recipient agrees to expend funds in accordance with the Budget and Scope of Work, Attachment A of this
Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United
States Congress, the federal Office of Management and Bt.rdgeting, the State Chief Financial Officer, or under
subparagraph (19)(h) of this Agreement, all obligations on the part of the Department to make any further payment
of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice
from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of "Department of Community Affairs" and mailed directly to the Department at the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Department
for collection, Recipient shat l gay to the Department a service fee of Fifteen Dollars ($ ] 5.00) or Five Percent (5%)
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.
All 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 al] 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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void to the extent of the conflict, and shall 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 temp of this Agreement.
(d) This Agreement 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 101-33G,
42 U.S.C. Section 1210] et sen,) and the Florida Civil Rights and Faic• Housing Acts (sections 760.0] - 760.37,
Florida Statutes), which prohibit discrimination by public and private entities on the basis of disability in
employment, 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 #o a public entity, may not submit a bid on a contract with a public entity for the construe#ion 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 govemment, 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, making 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 to 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 Voluntary Exclusion"
(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
(h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon
an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla.
Stat. 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 l ]2.061, Fla. Stat.
(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, Fla. Stat., which the Recipient created or received under this Agreement.
(I) If the Recipient is allowed to temporarily invest any advances of funds 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 contained 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.
Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. 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.
Stat.
(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 indirect]y to influence legislation or any other official action by the Florida Legislahire 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 07/31/2009 Page 11
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 Fonn-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 3l, 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.
(2 ]) 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 HEREBI' TRANSFERRED BY THE RECIPIENT TO
THE STATE OF FLORIDA.
(a) ]f the Recipient has apre-existing patentor 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 resu]t 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
Departrnent. 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
/~
(23) ASSURANCES.
The Recipient shall comply with any Statement of Assurances incorporated as Attachment H.
~J
Rev 07/31/2009 Page 13
i ~
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FEDERALLY FUNDED SUBGRANT AGREEMENT
SIGNATURE PAGE
Contract Number: IODB-4X-11-23-02-F 16
IN WITNESS WHEREOF, the parties have executed this Agreement by
the day, month and year set forth below.
RECIPIENT ` .__) vF ~lC.a-/lt..C ~~~
DEPAR T
BY~ te: q ~q By:
A t rized Signatur (Aut rized 5
Matti Herrera Bower
(Print Name)
Title: Mayor, City of Miami Beach
Federal Tax ID# ~ 59-6000372
DUNS# 02-054-6289
authorized officers on
~P.FFA]RS
.Date:
Title: Director. Division of Housing and Community
Development
APPROVED AS TO
FORM ~ LANGUAGE
~ FOR EXECUTION
~..-.
City Attorney ~~, Date
Rev 07/31/2009
Page 14
EXHIBIT - 7
THE FOLLON~ING FEDERAL RESOURCES ARE AWARDED TO THE RECIPIENT UNDER THIS
AGREEMENT:
Federal agency
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
Development
Community
Development
Block
Grants/State's
Program and
Nonentitlement
Grants
] 4.228
~ ~, ~~9, ~1. o0
THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED
UNDER THIS AGREEMENT:
Compliance Requirement Program
1. The Recipient will fully perform the obligations in accordance with
the Budget and Scope of Work, Attachment A of this Agreement,
the subgrant application incorporated herein by reference, 24
C. F. R, Subpart /, Secfions 570.480 - 570.497, the Housing and
Economic Recovery Act of 2008 (HERA), the State of Florida
2008 Substantial Amendment, and Federa! Register Notice
Numbers 5255-N-01 and 5255-N02.
2. The Recipient shall be governed by Rule Chapter 9B-76, F.A.C.
and federal laws, rules and regulations, including but not limited
to those identified in Attachments 8 and J.
Rev 07/31/2009 Page 15
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Attachment B
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 t: State and Federal Statutes and Regulations
1. Community Development Block Grant, Final Rule, 24
C.F.R., Parl 57D.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.D49, F.S.;
8. Rule Chapter 96-76, 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 Aci 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 -
Floodpiain Management;
21. The Federal Water Pollution Control Act of 1972, as
amended (33 U.S.C., s. 1251 et.seq.);
22. Executive Order 11990 -Protection of Wetlands;
23. Coastal Zone Management Act of 1968, as amended;
24. Wild 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 WilQlife 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 Acl 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 poilufwn;
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 Ad, 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 Parl 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 - Employmentll'raining of Lower
Income Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Reai Property
Acquisition Policies Acl 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 Ill of Division B of the Housing Recovery and
Economic Act of 20D8 (HERA), P.L. 110-289.
62. Approved State of Florida 2008 Action Pfan
Substantial Amendment.
63. Federal Register Notice Numbers 5255-N-01 and
5255-N-D2.
Page 17
Attachment C
Recordkeeping
Not Applicable
18
Attachment D
Repo-•ts
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports 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 15 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 (l5) days after
the end of the month on the report form provided .by the Department. The report is due
on the 15~' of the following month.
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 with OMB Circular A-133 and submitted to the Department no
later than nine (9) months from the end of the Recipient's fiscal year.
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
Attachment E
Justification of Advance Payment
Not Applicable
~'
20
Documentl Attachment F
Warranties and Representations
Financial Management
Recipient'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 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 terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
21
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 well as noncompetitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure excellent caitractor 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 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 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 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
,1
i
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 all reasonable times foi• 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 all current licenses and
permits required for all of the particular work for which they are hired by the Recipient.
23
Atfiachment G
Subcontractor Covered Transactions
Miami Beach Community
{1) The prospective subcontractor of the Recipient, Development Corporatipx~ertifes, by
submission of this document, that neither it nor its principals is presently deban•ed,
suspended, proposed fot• debam~ent, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the Contractor's subcontractot• is unable to certify to the above statement, the
prospective contractor shall attach an explanation to this form.
Miami Beach Community Development Corp.
(Sub-Contractor's Name)
(Au orize tgna re)
Roberto Datorre, President
(Print Name and Title)
945 Pennsylvania Avenue
(Street Address)
Miami Beach, FL 33139
(City, State, Zip)
City of Miami Beach
(Recipient's Name)
Date: 1 I t"~ e~
lODB-4X-11-23-02-F lb
(DCA Contract Number}
24
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Attachment H
Statement of Assurances
Not Applicable
25
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Attachment J
Program and Special Conditions
I . The Recipient shall maintain records of expenditure of funds froth all sources that
will allow accurate and ready comparison between the expendih~res 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 ftmds 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.
No costs may be incurred prior to the effective date of this Agreement, except for
those eligible application preparation costs outlined in the original Subgrant
Application submitted to the Department, unless pre-agreement costs were
approved in writing.
For each professional services contract for which NSP funding will be requested,
the Recipient shall submit a co 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;
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
Truth-in-Negotiation certification (if not in the contract) for engineering
contracts over $ 150,000;
If a 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 firm 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 fimd
said contract. Any previous payments to the Recipient to fimd 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.
Prior to the obligation or disbursement of any finds, 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 Enviromnental Conditions.
The Recipient shall obtain approval fi•om 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 all
documentation required for a desk monitoring of the acquisition, including notice
28
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. 4b01), 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.
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 fiords for a period of
five (5) years.
.~
29
11. Any interest in real property (excluding easements) which is assisted, acquired or
improved with NSP fiords 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 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 85.3I . Any future change of use
shall be in accordance with 24 CFR Section 570.489(j).
]2. The activities concerning lead-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 struct«re 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;
The symptoms and treatment of lead poisoning;
The precautions to betaken 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 Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
14. Pursuant to Section 102(b), Public Law 101-235, 42 U.S.C. Section 3545, the
Recipient shall update and submit Form HUD 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
i 5. A final Form HUD 2880, if required, shall be provided to the Department with the
request for administrative closeout, and its absence 'or inco~i~pleteness 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 fnancial 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 will 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 constniction 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.
19. The Recipient 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.
20. The Recipient shall comply with section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 170iu), 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 108 loan guaranteed
funds, by assessing such costs against properties owned and occupied by persons
of low- ormoderate-income. No fee may be charged or assessed as a condition of
obtaining access to such public improvements. However, if NSP 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
i
31
/~
sources, an assessment or charge may be made against the property with respect
to the public improvements financed by a source other than CDI3G funds. In
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 fiends 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, theft,
misrepresentation of material 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.
32
/~
29. Recipient shall warrant and assure that no entity receiving NSP funds leas
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 right to 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
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, property owners, or other
entities, prior to disbursing NSP funds.
The Recipient shall monitor the day-to-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 Standards
1. The Recipient shall provide assistance for the rehabilitation of housing in a
floodplain 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.
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.
5. 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.
To document completion of construction, each housing unit case f le shall contain
the following information:
a. A statement 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 all 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
and/or sewage collection lines, meet program requirements regarding the Iow-,
moderate- and middle income national objective. The filing system must be
maintained locally and at a minimum contain the following:
The name of the owner, the address of the property, and family size;
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,
34
/ ~
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; 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, temporary 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.
- 35
Attachment K
/. ~ ~.
Department of Community Affairs ,,*~
Neighborhood Stabilization Program ~~,~ N ~
Florida Small Cities Community Development Block Grant (CDBG) Program
SIGNATURE AUTHORITY FORM 20Q9 ~~']~ , ~ ipl~ ~: ~~
Submit an nrioina/Signature Au6haity Form with each contract.
Recipient Contract # Local Government DUNS
City of Miami Beach 10DB-4x-11-23-02-F 16 Number
_ ~ 02=054-628_9 __~
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
OfFlce of Real Estate, Housing and Community Development E-mail Address
AnnaParekh miamibeachf{.gov
Financial Contact Person Telephone #
Trish Walker, Chief Financial Officer 305 673-7466
E-mail Address
T W alker(~miamibeachfl.gov
Requests for Funds (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 be submitted each quarter and should reflect all expenditures
incurred Burin that re orting erlod. _
Typed Name D
~ e
~ ~ Si ure
~~
~
Parekh -
Check here if the above person will be the E-mail A dress
designated FloridaPAPERS user. AnnaParekh ~amibeachfl.gov
Typed Name Date Signature
[ ]Check here if the above person will be the E-mail Address
desi Hated FloridaPAPERS user.
Typed Name Date Signature
[ ]Check here if the above person will be the E-mail Address
desi Hated Florida PAPERS user.
I certify, as the redpient's Chief Elected Official, that the above signatures are of the individuals authorized to sign Requests for
Funds and to submit RFFs electronically to the 5ma11 Cities Community Development Block Grant Program using FloridaPAPERS.
Typed Name Date ~ Signat re
Matti Herrera Bower Ma or ~ °~
[X] Check here if your local government utilizes Electronic >j=unds Transfer (E f om e e f Flori
jX] Check here if your local government will be working on a reimbursement basis.
[X] If this signature authority form pertains to a housing grant, check here if your local government will use an escrow account
for housin activities.
CDBG payments to local governments using EFT are automatically deposited in the local government's general account. If the account is
interest bearing, the CDBG funds must be transferred to anon-interest bearing account. Please call the CDBG
Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: httoJ/flair.dbf.state.fl.us/.
Local governments not receiving EFT, and not working on a reimbursement basis, must establish anon-interest bearing account. Provide
account information for the financial institution (insured by FDIC) below. All signatures on the account must be bonded.
Name of financial Institution Account Number
Street Address or Post Office Box Telephone Number
City, State and ZJp Code
36