HOME - Housing Opportunities Project $5,000 v —
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HOME PROGRAM AGREEMENT a ;
THIS AGREEMENT,entered into this&day of �1l9 011, by anod dtWeen`the?C'I Y
MIAMI BEACH, a Florida municipal corporation, having its rincipal office at 1700 Convention
Center Drive, Miami Beach, FL 33139, (hereinafter referred to as the City), and the HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC., a not-for-profit Florida corporation, with
offices located at 18441 NW 2nd Avenue, Suite 218, Miami Gardens, FL 33169(hereinafter referred
to as HOPE, Inc.).
WITNESSETH:
WHEREAS,on February 18, 1992,the City was designated by the United States Department
of Housing and Urban Development(HUD) as a participating jurisdiction for the receipt of funds as
provided under the HOME Investment Partnerships Program and pursuant to the HOME Program
Final Rule, 24 CFR PART 92, as same may be amended from time to time; and
WHEREAS, the City has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through the Fiscal Year 2013/2014 One-Year Action Plan for Federal funds; and
Whereas, on July 19, 2013, the City Commission adopted Resolution No. 2013-28292
approving the Fiscal Year 2013/2014 One Year Action Plan for Federal Funds, providing Community
Development Block Grant funds in the amount of $5,000 to HOPE, Inc. for the Fair Housing
Education and Outreach Initiative, with funding of the activity to be supplemented with HOME
Investment Partnership Program administration funds in the amount of$5,000.
NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties
hereto agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement the terms listed below shall have the following meanings:
(a) HOME Program: HOME Investment Partnerships Program, Final Rule,24 CFR Part
92, as same may be amended from time to time;
(b) HUD: United States Department of Housing and Urban Development or any
successor agency;
(c) Funds: HOME Program funds;
(e) CHDO Operating Expenses: Those eligible reasonable and necessary costs for the
Any term not otherwise defined in this Article I or in this Agreement shall have the meaning set forth
in the HOME Program.
Page 1 of 14
ARTICLE II
ALLOCATION OF HOME FUNDS
i
In consideration for the performance by HOPE, Inc. of its role and responsibilities, as set forth in this
Agreement,the City will provide HOPE, Inc.with FIVE THOUSAND DOLLARS($5,000)(the Funds),
from its Fiscal Year 2013/2014 HOME Administration allocation to be used for eligible Fair Housing
Education and Outreach Initiative expenses in accordance with the Scope of Services (Exhibit A)
and Line-Item Operating Budget(Exhibit C).The Funds will be used solely to pay eligible expenses
for providing technical assistance to the City of Miami Beach in meeting its requirement to
Affirmatively Further Fair Housing as an Entitlement Jurisdiction by overcoming the effects of
conditions that limit fair housing choice, City-wide, through education, outreach, and counseling,
during the period commencing on October 1, 2013, and ending on September 30, 2014(the Term).
Any remaining balance of funds at the end of the aforestated Term shall automatically revert to the
City without further notice and/or demand by the City, and shall be remitted by HOPE, Inc.within ten
(10) days of the conclusion of said Term.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
(INTENTIONALLY OMITTED)
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS
PROVIDED UNDER THE HOME PROGRAM
Hope, Inc. expressly agrees that the following provisions shall be applicable to the Funds:
(a) HOPE, Inc. will maintain a financial management system that conforms to the
financial accountability standards of the HOME Program, 24 CFR PART 84.21 ("Standards
for Financial Management Systems").
(b) HOPE, Inc. shall comply with the requirements of Executive Orders Nos. 11625 and
12432 concerning Minority Business Enterprise and 12138 Women's Business Enterprise
which encourage the use of minority and women's business enterprises, to the maximum
extent possible, in connection with HOME-funded activities.
(c) HOPE, Inc. shall comply with all of the following federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity, as same may be amended:
(1) Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)--States that no person
may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving federal financial assistance on
the basis of race, color, or national origin. Its implementing regulations may be
found in 28 CFR Part 1.
Page 2 of 14
(2) Title VIII of the Civil Rights Act of 1968(the"Fair Housing Act")(42 U.S.C.3601)
and its implementing regulations at 24 CFR Part 100-115--Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the
basis of race, color, religion, sex, national origin, familial status or handicap.
(3) Equal Opportunity in Housing (Executive Order 11063, As Amended by
Executive Order 12259) and implementing regulations in 24 CFR Part 107 --
Prohibits discrimination in housing or residential property financing related to any
federally assisted activity against individuals on the basis of race, color, religion,sex
or national origin.
(4) Age Discrimination Act of 1975, (42 U.S.C. 6101) and its implementing
regulations in 24 CFR Part 146--Prohibits age discrimination in programs receiving
federal financial assistance.
(5) Equal Employment Opportunity, Executive Order 11246, and its implementing
regulations in 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
Provisions to effectuate this prohibition must also be included in all construction
contracts exceeding $10,000.
(d) HOPE, Inc. shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701 u) —which requires that, to the greatest
extent feasible, opportunities for training and employment arising from HOME will be
provided to low-income persons residing in the program service area, and, to the greatest
extent feasible, contracts for work to be performed in connection with HOME will be awarded
to business concerns which are located in or owned by persons residing in the program
service area.
(e) HOPE, Inc. agrees to administer a policy to ensure that it complies with the Drug-
Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the
workplace is free from the unlawful manufacture, distribution,dispensing, possession or use
of drugs or alcohol.
(f) HOPE, Inc. agrees to adhere to and be governed by the following accessibility
requirements:
1. Architectural Barriers Act of 1968, As Amended (42 U.S.C.4151) and its
implementing regulations in 35 CFR Part 107 -- States that public (i.e., those
intended to be accessible to the general public)buildings and conveyances financed
with federal funds are designed, constructed,or altered to provide accessibility to the
physically handicapped.
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally
assisted programs on the basis of handicap and imposes requirements to ensure
that "qualified individuals with handicaps" have access to programs and activities
that receive federal funds.
3. Title VIII of the Civil Rights Act of 1968,As Amended the"Fair Housing Act"
(42 U.S.C. 3601) and its implementing regulations in 24 CFR Part 100-115.
Page 3 of 14
4. HOPE, Inc. must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as
Exhibit"E". In the event HOPE, Inc.fails to execute the City's Affidavit, or is found to
be in non-compliance with the provisions of the Affidavit, the City may impose such
sanctions as it may determine to be appropriate, including but not limited to,
withholding of payments to HOPE, Inc. under the Agreement until compliance,
and/or termination of the Agreement.
ARTICLE V
JINTENTIONALLY OMITTED]
ARTICLE VI
METHOD OF PAYMENT
The Funds shall be paid to HOPE, Inc. as follows:
(a) HOPE, Inc. shall be paid for eligible Project Expenses, as set forth in the Budget
(Exhibit C); based on actual costs; and with supporting documentation. HOPE, Inc. shall be
paid only for those expenditures identified in the Budget. Project Expenses not identified in
the Budget must obtain the prior written approval of the City Manager prior to HOPE, Inc.
incurring same. Budget line item transfers must also have the prior written approval of the
City Manager.
Supporting documentation shall include, but not be limited to, the following:
(1) 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.
(2) A system of allocation that will assure reliable cost measurements and customary
service delivery costs.
(3) Time sheets for split-funded employees, who work on more than one activity, in
order to record the HOME activity delivery cost by project and the non-HOME related
charges.
(b) Requests for payment shall be assembled by calendar month and received by the
City no later than the 10th day of the succeeding month. Failure to comply may result in
rejection of invoices.
(c) No payments will be made without evidence of all appropriate insurance required by
this Agreement.
Page 4 of 14
(d) HOPE, Inc. understands and agrees that disbursements of Funds under this
Agreement may not be requested until said Funds (or portions thereof) are needed for
payment of eligible costs. The amount of each request must be limited to the amount
needed. In no event shall the City provide advance funding to HOPE, Inc., nor shall HOPE,
Inc. advance Funds to any party.
Payment of all or any portion of the Funds may be withheld pending the receipt and approval by the
City of any and all reports and documents which HOPE, Inc. is required to submit pursuant to this
Agreement.
ARTICLE VII
SUBCONTRACTS
(a) HOPE, Inc. agrees that no work or services contemplated by this Agreement
(including without limitation, consultant work or services) shall be subcontracted or
reimbursed without the prior written approval of the City Manager.
(b) HOPE, Inc. shall require, and shall include language in all contracts with sub-
contractors, that said sub-contractor shall hold the City of Miami Beach, Florida, harmless
against all claims of whatever nature arising out of the subcontractor's performance of work
or services.
(c) HOPE, Inc. shall provide the City with copies of all executed subcontracts within ten
(10) days after execution.
ARTICLE VIII
[INTENTIONALLY OMITTED]
ARTICLE IX
TERM OF AGREEMENT (TERM)
This Agreement shall be deemed to commence on October 1, 2013, and shall terminate on
September 30, 2014.
ARTICLE X
[INTENTIONALLY OMITTED]
Page 5 of 14
ARTICLE XI
AMENDMENTS
Any amendments or modifications to this Agreement shall only be valid when they have been
reduced to writing and duly approved and signed by both parties hereto. Any changes which do not
materially change the scope of the Agreement, or increase the total amount of Funds payable under
this Agreement, shall be valid only when reduced to writing and approved and executed by the
parties but, as to the City, such amendments may be approved and signed by the City Manager.
ARTICLE XII
CONFLICT OF INTEREST
Related Parties: HOPE, Inc. shall report to the City the name, purpose, and any other relevant
information in connection with any related-party transaction. This includes, but is not limited to, a
for-profit or non-profit subsidiary or affiliate organization, an organization with overlapping board of
directors, and an organization for which HOPE, Inc. is responsible for appointing memberships.
Hope, Inc. shall report this information to the City upon forming the relationship or, if already formed,
shall otherwise report it immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
HOPE, Inc. shall indemnify and hold harmless the City, and/or its officers,directors,employees, and
agents, from any and all claims, liabilities, losses, and causes of action which may arise out of an
act, omission, negligence or misconduct on the part of HOPE, Inc., or any of its officers, directors,
employees, agents, servants, contractors,subcontractors,consultants and sub consultants, patrons,
guests, clients, and/or invitees. HOPE, Inc. 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/or its officers,
directors, employees and agents, and shall pay all costs and judgments which may issue thereon.
This indemnification shall survive termination and/or expiration of this Agreement.
�
HOPE, In c s hall maintain during the term of this Agreement,
the insurancespecified below.
(1) General Liability: $1,000,000 combined single limit for bodily injury and property
damage, for each occurrence, subject to adjustment for inflation.
(2) Contractual Liability: the policy must include coverage to cover the above
indemnification.
(3) Automobile and vehicle coverage, in the amount of $1,000,000 per occurrence,
subject to adjustment for inflation, shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement, including non-
owned automobile coverage.
(4) Workers' Compensation Coverage as required pursuant to Florida Statute.
Page 6 of 14
HOPE, Inc. shall submit to the City ORIGINAL certificates of insurance for the above
coverages, with the City of Miami Beach, Florida, named as an additional insured. All
insurance coverage shall be approved by the City's Risk Manager prior to the release of any Funds
under this Agreement. Further, in the event evidence of such insurance is not forwarded to the
City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement
shall automatically terminate and become null and void, without further notice to HOPE, Inc.
required, and the City shall have no obligation under the terms hereof. In the event of such
automatic termination, HOPE, Inc. shall immediately return the entire amount of the Funds to the
City, and the City's rights and remedies against HOPE, Inc. shall be the same as set forth in Article
IX.
ARTICLE XIV
REPORTS
(1) Progress Reports. HOPE, Inc. agrees to submit a Monthly Status Report as set forth
in Exhibit"A"hereto,which shall describe the progress made by HOPE, Inc. in achieving the
objectives identified in the Scope of Services. The status report shall be submitted no later
than ten (10) days after the end of each month. It will be the sole responsibility of HOPE,
Inc. to notify the City, in writing, of any action, law, or event that will impede or hinder the
success of the activities contemplated by this Agreement. After such notification, the City
Manager will take whatever actions it deems appropriate to ensure the success of the
project/program.
(2) The City may require that HOPE, Inc. submit such other reports,as the City Manager
may reasonably deem necessary to demonstrate compliance with any of the terms of this
Agreement.
If the required reports described above are not submitted to the City, or are not completed in a
manner reasonably acceptable to the City Manager, the City may withhold further payments until
they are completed, or take any other such action, including default, as the City Manager may deem
appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
HOPE, Inc. shall maintain any and all records, as necessary, to document compliance with the
provisions of this Agreement. At any time during normal business hours and as often as the City
(and/or the comptroller of the United States) may deem necessary,there shall be made available to
the City Manager and/or his authorized representatives, (and/or the U.S. Comptroller and/or his
authorized representatives),to audit, examine and make audits, of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment, and other data relating to all matters
covered by this Agreement. If during the course of a monitoring, the City determines that any
payments made to HOPE, Inc.do not constitute an allowable expenditure,the City will have the right
to re-capture said monies, which shall include, without limitation, the right to deduct/reduce those
amounts from their related invoices and/or from any remaining portion of Funds not yet paid to'
HOPE, Inc..
At a minimum, at least one monitoring site-visit will be performed annually during the term of the
contract as outlined in Exhibit"A" attached hereto.
Page 7 of 14
ARTICLE XVI
COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
HOPE, Inc. shall comply with all applicable Federal regulations as they may apply to program
administration. Additionally, HOPE, Inc. will comply with all State, County and City laws and
ordinances hereto applicable.
ARTICLE XVII
TERMINATION DUE TO LACK OF FUNDING
It is expressly understood and agreed by the parties hereto that the Funds originate from grants of
HOME funds and must comply with all applicable HUD rules and regulations.
It is expressly understood and agreed that, in the event of curtailment or non-production of said
Federal funds, the financial sources to pay HOPE, Inc. under this Agreement will not be available
and, then in such event, this Agreement will thereby terminate effective as of the time that it is
determined by the City Manager, in his sole and reasonable judgment and discretion,that said funds
are no longer available.
In the event of such termination, HOPE, Inc. agrees that it will not look to, nor seek to hold,the City
of Miami Beach and/or any of its officials, officers,employees,agents and/or contractors, personally
liable for performance of this Agreement, and the City shall be released from further liability to
HOPE, Inc. under the terms of this Agreement.
ARTICLE XVIII
ACCESS TO RECORDS
HOPE, Inc. shall allow access to all financial and other records, during normal business hours, to
authorized Federal, State, Miami-Dade County, or City representatives, and shall provide such
assistance as may be necessary to facilitate financial and/or other audit by any of these
representatives including,without limitation,as deemed necessary by such representatives to insure
compliance with applicable accounting and financial standards.
ARTICLE XIX
[INTENTIONALLY OMITTED]
ARTICLE XX
PROJECT PUBLICITY
Hope, Inc. agrees that any news release or other type of publicity pertaining to the project must
recognize the City as the recipient funded by the United States Department of Housing and Urban
Development and administered by the City of Miami Beach Office of Real Estate, Housing and
Community Development as the entity which provided Funds for the Project. Such news releases
and publicity shall include the statement:
Page 8 of 14
"FUNDED BY THE CITY OF MIAMI BEACH HOME PROGRAM"
In written materials, the words below shall appear in the same size letters or type as the name of
HOPE, Inc.:
"CITY OF MIAMI BEACH HOME PROGRAM FUNDS ADMINISTERED BY THE CITY OF
MIAMI BEACH OFFICE OF REAL ESTATE, HOUSING AND COMMUNITY
DEVELOPMENT"
ARTICLE XXI
[INTENTIONALLY OMITTED]
ARTICLE XXII
ASSIGNMENT
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.
ARTICLE XXIII
[INTENTIONALLY OMITTED]
ARTICLE XXIV
INDEPENDENT CONTRACTOR
HOPE, Inc., and its employees, contractors and agents, shall be deemed to be independent
contractors and not agents or employees of the City, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the City, or any rights generally afforded Classified or
Unclassified employees; further he/she shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of the City.
ARTICLE XXV
[INTENTIONALLY OMITTED]
Page 9 of 14
ARTICLE XXVI
TERMINATION FOR CAUSE
This Agreement may be terminated, in whole or in part, for cause. "Cause" shall include the
following:
(a) HOPE, Inc.'s failure to comply and/or perform in accordance with any of the terms
and conditions of this Agreement, or any applicable Federal, State, County or City law or
regulation.
(b) HOPE, Inc.'s failure to maintain the insurance required by the City.
(c) Submitting any required report to the City which is late, incorrect, or incomplete in
any material respect after notice and opportunity to cure, as set forth in subparagraph (e)
hereof, has been given by the City to HOPE, Inc.
(d) Implementation of this Agreement for any reason is rendered impossible or
infeasible.
(e) Failure to respond in writing within thirty(30)days of notice of same from City to any
concerns raised by the City, including providing substantiating documentation when
requested by the City;
(f) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of project(s) under this Agreement, or any violation of applicable HUD rules and
regulations;
(g) HOPE, Inc.'s insolvency or bankruptcy;
(h) An assignment or transfer of this Agreement(or any interest therein)which does not
comply with the procedures set forth in Article XXII herein; or
If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of
such notice of default to HOPE, Inc., at the expiration of said thirty (30) day period (or such
additional period of time, as may be permitted by the City Manager, in his sole discretion, as
required to cure such default and in the event HOPE, Inc. is diligently pursuing curative efforts)this
Agreement may, at the City's sole option and discretion, be deemed automatically canceled and
terminated, and the City fully discharged from any and all liabilities, duties and terms arising out of,
or accruing by virtue of, the Agreement. In the event of a default for cause, the City may also, at its
option, avail itself of any and all remedies pursuant to the HOME Program (at 24 CFR Part 85.43),
including suspension and/or re-capture (in whole or in part) of the Funds, and any other remedies
that may be available at law or equity.
ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI above, the City may terminate this Agreement, in whole or in part, for
convenience, as set forth in 24 CFR Part 85.44. In the event of termination for convenience, HOPE,
Inc. shall immediately return any unused Funds (as of the date of termination) to the_ City.
Page 10 of 14
Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have
with regards to recapture of all or any portion of the Funds as a result of incomplete and/or
unsatisfactory performed program/project items.
ARTICLE XXVIII
ADDITIONAL CITY REMEDIES
In the event of a default and termination for cause,the City shall also be entitled to bring any and all
legal and/or equitable actions which it deems to be in its best interest, in Miami-Dade County,
Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall
be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXIX
MAINTENANCE AND RETENTION OF RECORDS
HOPE, Inc. shall maintain all records required pursuant to the HOME Program, (at 24 CFR Part
92.508), in an orderly fashion and in a readily accessible, permanent and secured location, and that
it will prepare and submit all reports required herein, and/or as otherwise required to assist the City
in meeting record keeping and reporting requirements herein.
(a) Records shall be maintained for a period of five(5)years after the closeout of Funds
under this Agreement, except as provided in subsections (b), (c) and (d), herein.
(b) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
subsection (a), whichever is later.
(c) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for five (5) years after the period of affordability terminates.
(d) Records covering displacements and acquisition must be retained for at least five(5)
years after the date by which the persons displaced from the property and all persons whose
property is acquired for the project have received the final payment to which they are entitled
in accordance with 24 CFR Part 92.353.
ARTICLE XXX
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $5,000 less any
amounts actually distributed by the City to HOPE, Inc.. HOPE, Inc. hereby expresses its willingness
to enter into this Agreement with HOPE, Inc.'s recovery from the City for any damage action for
Page 11 of 14
breach of contract to be limited to a maximum amount of $5,000 less any amounts actually
distributed by the City to HOPE, Inc.Accordingly, and notwithstanding any other term or condition of
this Agreement, HOPE, Inc. hereby agrees that the City shall not be liable to HOPE, Inc. for
damages in an amount in excess of$5,000,for any action or claim for breach of contract arising out
of the performance or non-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28.
ARTICLE XXXI
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida.
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 MBCDC 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.
ARTICLE XXXII
[INTENTIONALLY OMITTED]
ARTICLE XXXIII
[INTENTIONALLY OMITTED]
Page 12 of 14
ARTICLE XXXIV
NOTICES
All notices shall be sent to the parties at the following addresses:
City: Maria L. Ruiz, Interim Director
City of Miami Beach
Office of Real Estate, Housing, and Community Development
1700 Convention Center Drive
Miami Beach, FL 33139
HOPE, Inc.: Keenya Robertson, President & CEO
Housing Opportunities Project for Excellence, Inc.
11501 NW 2"d Avenue
Miami, FL 33168
or such address and to the attention of such other person as the City or HOPE, Inc. may from time
to time designate by written notice to the other.
ARTICLE XXXV
MISCELLANEOUS
(a) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(b) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(c) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(d) If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
(e) City and HOPE, Inc. agree that this Agreement shall be binding upon the parties
herein, and their respective heirs,executors, legal representatives,successors, and assigns.
Page 13 of 14
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.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE INC.
a Florida not-for-profit corporation
ATTEST: '
1V r.
Secre ary 4Satu
V r o On o Keenya Robertson, President & CEO
Print Name Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
City Jerk APhi e
k� �3 vine Mayor
Print Name ��,. ••• .-� n ame and Title
ORP ORATED;
�C
APPROVED AS TO
FORM & LANGUAGE
&FORE �CUTION
A rney Date
Page 14 of 14
EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
nit -vice
Provision of technical assistance to the City 5 workshop educational sessions and 10
in meeting its requirements to Affirmatively Fair Housing Education Community Events
Further Fair Housing as an entitlement
jurisdiction
Related Definitions:
Davis-Bacon Act Compliance — The Davis-Bacon Act applies to contractors and
subcontractors performing on federally funded or assisted contracts in excess of
$2,000 for the construction, alteration, or repair (including painting and decorating) of
public buildings or public works. Davis-Bacon Act and Related Act contractors and
subcontractors must pay their laborers and mechanics employed under the contract
no less than the locally prevailing wages and fringe benefits for corresponding work
on similar projects in the area. The Davis-Bacon Act directs the Department of Labor
to determine such locally prevailing wage rates. Affordable housing rehabilitation
projects of eight (8) or more units using CDBG funds must ensure Davis-Bacon Act
compliance. Affordable housing rehabilitation projects of 12 or more units using
HOME funds must ensure Davis-Bacon Act compliance.
Environmental Review — Projects must have an Environmental Review unless they
meet criteria specified in HUD regulations that would exempt or exclude'them from
Request for Release of Funds (RROF) and environmental certification requirements
(24 CFR sections 58.1, 58.22, 58.341 58.35, 570.604, and 92.352).
Evidence of Procurement—All expenses incurred with grant funds require evidence
of procurement according to this Agreement. Please carefully read the Agreement
and related HUD rules to ensure compliance.
Monthly Progress Report — The Sub-Recipient is required to submit a monthly
project progress report by the10th of the following month. The report must be signed
by the person who prepared the report as well as the agency's authorizing party. The
report summarizes the progress made, expenses incurred and deliverables
completed. This report must be completed regardless of whether or not funds are
requested.
Monthly Financial Report — The Sub-Recipient is required to submit a monthly
financial report by the 10th of the following month regardless of whether or not funds
are requested. The report delineates project expenses incurred including non-City
funds.
Monthly Proformas — All Capital projects with multiple (more than one) funding
1
sources require the submission of monthly proformas to the City.
Professional Services Contracts — Professional services funded through this
Agreement must adhere to procurement guidelines as appropriate and have
executed written agreements between the Sub-Recipient and the respective Vendor.
Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy
of all professional service contracts must be submitted to the City prior to
reimbursement request.
Proof of Insurance — Evidence of appropriate and required insurance must be
submitted prior to contract execution. No City funds will be dispersed prior to
submission of required insurance coverage.
Retainage — All capital projects are subject to the withholding of 10 percent of
appropriate expenses in the form of a retainage. All retained funds will be released
when the project fulfills its National Objective.
Section 3 Compliance — Any Agreement greater than $200,000 that involves
rehabilitation, housing construction, or other public construction, requires that Sub-
Recipient to complete and submit to the City Form HUD 60002, Section 3 Summary
Report, Economic Opportunities for Low- and Very-Low Income Persons (OMB No.
2529-0043).
Service Deliverables
Services must be delivered as follows:
Provision of technical I 5 workshop j Scattered sites October 1, 2013—
assistance to the City i educational sessions September 30, 2014 j
in meeting its and 10 Fair Housing
j requirements to Education
Affirmatively Further Community Events
Fair Housing as an ! j
entitlement jurisdiction
i
u.. -._.--- —--- _ .._._..._....._..:_.__.........- _-------_..........._._......_.-- - .-.. --- -.... —-----_......__..
Service Benchmarks
rvice
Provision of technical assistance to the City in Effective education of citizens
meeting its requirements to Affirmatively regarding fair housing opportunities
Further Fair Housing as an entitlement and rights.
jurisdiction
Service Documentation
2
it
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
� . . Deadfine of technical Sign-in sheets and event Monthly
assistance to the City in j materials
meeting its requirements to
Affirmatively Further Fair
Housing as an entitlement
jurisdiction j
Applicable Federal Regulations
The Sub-Recipient must apply to all applicable federal regulations including:
I. Non-Discrimination and Equal Access
No person in the United States shall on the grounds of race, color, national origin,
religion or sex be excluded, denied benefits or subjected to discrimination under any
program funded in whole or in part by CDBG funds. The Provider must take
measures to ensure non-discriminatory treatment, outreach and access to program
resources. This applies to employment and contracting, as well as to marketing and
selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity. They are summarized
below:
Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.):
States that no person may be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity receiving Federal
financial assistance on the basis of race, color or national origin. The regulations
implementing the Title VI Civil Rights Act provisions for HUD programs may be
found in 24 CFR Part 1.
The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or
rental of housing, the financing of housing or the provision of brokerage services
against any person on the basis of race, color, religion, sex, national origin,
handicap of familial status. Fair Housing Act implementing regulations may be
found in 24 CFR Part 100-115.
Equal Opportunity in Housing (Executive Order 11063, as amended by Executive
Order 12259): Prohibits discrimination against individuals on the basis of race,
color, religion, sex or national origin in the sale, rental, leasing or other
disposition of residential property, or in the use or occupancy of housing assisted
with Federal funds. Equal Opportunity in Housing regulations may be found in 24
CFR Part 107.
3
Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age
discrimination in programs receiving Federal financial assistance. Age
Discrimination Act regulations may be found in 24 CFR Part 146.
Section 109 of Title I of the Housing and Community Development Act of 1974:
Requires that no person shall be excluded from participation in, denied the
benefits of, or be subjected to discrimination under any program or activity
funded with CDBG/HOME funds on the basis of race, color, religion, national
origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all
CDBG/HOME-assisted housing with five or more units. Requirements and
procedures must include:
1. Methods for informing the public, owners and potential tenants about fair
housing laws and the Provider's policies (for example: use of the Fair
Housing logo or equal opportunity language);
2. A description of what owners and/or the Provider will do to affirmatively
market housing assisted with CDBG/HOME funds;
3. A description of what owners and/or the Provider will do to inform persons
not likely to apply for housing without special outreach;
4. Maintenance of records to document actions taken to affirmatively market
CDBG/HOME-assisted units and to assess marketing effectiveness; and
5. A description of how efforts will be assessed and what corrective actions
will be taken where requirements are not met.
Handicapped Accessibility
The CDBG/HOME regulations also require adherence to the three following
regulations governing the accessibility of Federally assisted buildings, facilities and
programs.
Americans with Disabilities Act (42 USC 12131, 47 USC 155, 201, 218 and 225):
Provides comprehensive civil rights to individuals with disabilities in the areas of
employment, public accommodations, state and local government services and
telecommunications. The Act, also referred to as the ADA, also states that
discrimination includes the failure to design and construct facilities (built for first
occupancy after January 26, 1993) that are accessible to and usable by persons
with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal
must be readily achievable, easily accomplishable and able to be carried out
without much difficulty or expense.
Fair Housing Act: Multi-family dwellings must also meet the design and
construction requirements at 24 CFR 100.205, which implement the Fair Housing
Act (42 USC 3601-19)
4
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits
discrimination in federally assisted programs on the basis of handicap. Section
504 imposes requirements to ensure that "qualified individuals with handicaps"
have access to programs and activities that receive Federal funds. Under
Section 504, recipients and Sub-Recipients are not required to take actions that
create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social
services, all of the activities of the agency -- not only those directly receiving
Federal assistance -- are covered under Section 504. Contractors or vendors are
subject to Section 504 requirements only in the work they do on behalf of the
Provider or the City. The ultimate beneficiary of the Federal assistance is not
subject to Section 504 requirements.
The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain
Federal and Federally-funded buildings and other facilities to be designed,
constructed or altered in accordance with standards that ensure accessibility to,
and use by, physically handicapped people.
II. Employment and Contracting
The Provider must comply with the regulations below governing employment and
contracting opportunities. These concern equal opportunity, labor requirements and
contracting/procurement procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal
opportunity for employment and contracting:
Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of
race, color, religion, sex or national origin. Provisions to effectuate this
prohibition must be included in all construction contracts exceeding $10,000.
Implementing regulations may be found at 41 CFR Part 60.
Section 3 of the Housing and Urban Development Act of 1968: Requires that, to
the greatest extent feasible, opportunities for training and employment arising
from CDBG funds will be provided to low-income persons residing in the program
service area. Also, to the greatest extent feasible, contracts for work (all types)
to be performed in connection with CDBG will be awarded to business concerns
that are located in or owned by persons residing in the program service area.
Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432
and 12138, the City and the Provider must prescribe procedures acceptable to
HUD for a minority outreach program to ensure the inclusion, to the maximum
extent possible, of minorities and women, and entities owned by minorities and
women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In
the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts,
5
every contract for construction (in the case of residential construction, projects with
eight or more units) triggers the requirements.
Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and
laborers employed in construction work under Federally-assisted contracts are
paid wages and fringe benefits equal to those that prevail in the locality where
the work is performed. This act also provides for the withholding of funds to
ensure compliance, and excludes from the wage requirements apprentices
enrolled in bona fide apprenticeship programs.
Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333):
Provides that mechanics and laborers employed on Federally-assisted
construction jobs are paid time and one-half for work in excess of 40 hours per
week, and provides for the payment of liquidated damages where violations
occur. This act also addresses safe and healthy working conditions.
Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from
paychecks that are allowable. Makes it a criminal offense to induce anyone
employed on a Federally assisted project to relinquish any compensation to
which he/she is entitled, and requires all contractors to submit weekly payrolls
and statements of compliance.
Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seg.):
Establishes the basic minimum wage for all work and requires the payment of
overtime at the rate of at least time and one-half. It also requires the payment of
wages for the entire time that an employee is required or permitted to work, and
establishes child labor standards.
Contracting and Procurement Practices
The CDBG/HOME program is subject to certain Federal procurement rules. In
addition, the City and the Provider must take measures to avoid hiring debarred or
suspended contractors or Sub-Recipients and conflict-of-interest situations. Each is
briefly discussed below.
Procurement: For the City, the procurement standards of 24 CFR 85.36 apply.
For non-profit organizations receiving CDBG/HOME funds, the procurement
requirements at 24 CFR Part 84 apply.
Conflict of Interest: The CDBG/HOME regulations require grantees (the City),
state recipients and Sub-Recipients (the Provider) to comply with two different
sets of conflict-of-interest provisions. The first set of provisions comes from 24
CFR Parts 84 and 85. The second, which applies only in cases not covered by
24 CFR Parts 84 and 85, is set forth in the CDBG regulations. Both sets of
requirements are discussed below.
The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the
procurement of property and services by grantees (the City), state recipients,
and Sub-Recipients (the Provider). These regulations require the City and
the Provider to maintain written standards governing the performance of their
employees engaged in awarding and administering contracts. At a minimum,
these standards must:
6
Require that no employee, officer, agent of the City or the Provider shall
participate in the selection, award or administration of a contract supported
by CDBG/HOME if a conflict-of-interest, either real or apparent, would be
involved;
Require that employees, officers and agents of the City or the Provider
not accept gratuities, favors or anything of monetary value from contractors,
potential contractors or parties to Sub-Agreements; and
Stipulate provisions for penalties, sanctions or other disciplinary actions
for violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or
officer of the City or the Provider.
- The CDBG/HOME regulations at 24 CFR 570.611 and 24 CFR 92.356
governing conflict-of-interest apply in cases not covered by 24 CFR 85.36
and 24 CFR 84.42. These provisions cover employees, agents,
consultants, officers and elected or appointed officials of the grantee (the
City), state recipient or subrecipient (the Provider). The regulations state
that no person covered who exercises or has exercised any functions or
responsibilities with respect to CDBG/HOME activities or who is in a
position to participate in decisions or gain inside information:
May obtain a financial interest or benefit from a CDBG/HOME activity; or
- Have an interest in any contract, subcontract or agreement for themselves
or for persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year
after leaving the grantee (the City), the state recipient or Sub-Recipient (the Provider)
entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD
on a case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the
disclosure has been made public; and
Provided a legal opinion from the City stating that there would be no
violation of state or local law if the exception were granted.
Debarred contractors: In accordance with 24 CFR Part 5, CDBG/HOME funds may
not be used to directly or indirectly employ, award contracts to or otherwise engage
the services of any contractor or Sub-Recipient during any period of debarment,
suspension or placement of ineligibility status. The City should check all contractors,
subcontractors, lower-tier contractors or Sub-Recipients against the Federal
publication that lists debarred, suspended and ineligible contractors.
7
III. Environmental Requirements
The City is responsible for meeting a number of environmental requirements,
including environmental reviews, flood insurance, and site and neighborhood
standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed,
and Requests for Release of Funds (RROF) submitted to HUD before CDBG funds
are committed for non-exempt activities. Private citizens and organizations may
object to the release of funds for CDBG projects on certain procedural grounds
relating to environmental review (see 24 CFR 58.70 - 58.77). To avoid challenges,
grantees (the City) and Sub-Recipients (the Provider) should be diligent about
meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires
that CDBG/HOME funds shall not be provided to an area that has been identified by
the Federal Emergency Management Agency (FEMA) as having special flood
hazard, unless: The community is participating in the National Flood Insurance
Program, or it has been less than a year since the community was designated as
having special flood hazards; and Flood insurance is obtained.
IV. Lead-based Paint
On September 15, 1999, the "Requirements for Notification, Evaluation and
Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property
and Housing Receiving Federal Assistance; Final Rule" was published within title 24
of the Code of Federal Regulations as part 35 (24 CFR 35). The regulation was
issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, which is Title X (ten) of the Housing and Community
Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-
based paint in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis
to reducing lead in house dust. Scientific research has found that exposure to lead in
dust is the most common way young children become lead poisoned. Therefore, the
new regulation requires dust testing after paint is disturbed to make sure the home is
lead-safe. Specific requirements depend on whether the housing is being disposed
of or assisted by the federal government, and also on the type and amount of
financial assistance, the age of the structure, and whether the dwelling is rental or
owner occupied.
On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and
other actions aimed at preventing lead poisoning to protect against the hazards
created by exposure to lead dust in existing structures built prior to 1978. Under the
8
rule, all contractors performing renovation, repair and painting projects that disturb
lead-based paint in homes, child care facilities, and schools built before 1978 must
be certified and follow specific work practices to prevent lead contamination. This rule
(40 CFR Part 745) is enforced as of April 22, 2010. The rule must be executed by all
sub-contractors.
Property Exempt from Lead-based paint regulation:
• Housing built since January 1, 1978, when lead paint was banned for
residential use;
• Housing exclusively for the elderly or people with disabilities, unless a
child under age 6 is expected to reside there;
• Zero-bedroom dwellings, including efficiency apartments, single-room
occupancy housing, dormitories or military barracks;
• Property that has been found to be free of lead-based paint by a certified
lead-based paint inspector;
• Property where all lead-based paint has been removed;
• Unoccupied housing that will remain vacant until demolished;
• Non-Residential property; and
• Any rehabilitation or housing improvement that does not disturb a painted
surface.
Types of housing subject to 24 CFR 35:
• Federally-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property,
rather than with the occupants (project-based assistance);
• Public housing;
• Housing occupied by a family (with a child) receiving tenant-based
subsidy (such as a voucher or certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housing receiving federal assistance for rehabilitation, reducing
homelessness, and other special needs.
If you want copies of the regulation or have general questions, you can call the
National Lead Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the
hearing impaired. You can also download the regulation and other educational
materials at http://www.hud.gov/offices/lead/index.cfm. For further information, you
may call HUD at (202) 755-1785, ext. 104, or e-mail HUD at
lead regulations(&-hud.gov.
V. Displacement, Relocation, Acquisition and Replacement of Housing
CDBG/HOME projects involving acquisition, rehabilitation or demolition may be
subject to the provisions of the Uniform Relocation Act (LIDA). Demolition or
9
conversion of units with CDBG/HOME funds may trigger section 104 (d) (also known
as the "Barney Frank Amendment" requirements.)
VI. Compliance with National Objective
The Provider will ensure and maintain evidence that activities assisted with
CDBG/HOME funds from the City of Miami Beach comply with the primary National
Objective, "Benefit to Low and Moderate Income Persons" and will provide services
or activities that benefit at least 51% low and moderate income persons. A low or
moderate-income household is defined as: a household having an income equal to or
less than the limits cited below. Individuals who are unrelated but are sharing the
same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 05/14/2012) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median
Income), Very Low-Income (50 % of Median Income), Extremely Low (30% of Median
Income)
HUD Income Limits for FY 2013
',W77 $13,750 $15,700 $17,650 $19,600 $21,200 $22,750 $24,350 $25,900
$22,900 $26,200 $29,450 $32,700 $35,350 $37,950 $40,550 $43,200
a
• A' , s:°. . $27,480 $31, 440 $35,340 $39,240 $42,420 $45,540 $48,660 $51,840
.-: $36,650 $41,850 $47,100 $52,300 $56,500 $60,700 $64,900 $69,050
Change Orders/Budget Amendments
The goal should be to limit the use of Change Orders or Budget Amendments.
Change Orders and Budget Amendments require prior written approval by the City
Manager.
To request a Change Order or Budget Amendment, a written request for changes
must be submitted to your Grant Monitor delineating the changes and providing a
detailed justification for making the request. Approvals of any changes are at the sole
discretion of the City Manager.
No budget amendment will be processed after June 30, 2014 for Public Service
Projects. No budget amendment will be processed for Capital Projects Budgets after
eighty (80) percent of the available funds have been drawn.
Budget amendments or Change Orders that deviate from the original scope will be
rejected and the funds in question may be subject to recapture at the sole discretion
of the City Manager.
10
Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub-Recipient must remain incompliance with all local rules, regulations,
ordinances and laws (including having an active business license) in addition to
those specified in the body of the Agreement. In addition, the Sub-Recipient must not
owe any monies to the City at the time of Agreement execution or final release of
grant funds.
The City will verify with the Finance Department to ensure that no monies are due the
City prior to Agreement execution.
Employee/ Contractor File Review
The following documentation must be included in the Sub-Recipient's
employee/contractor file for those employees/contractors providing services under
this contract.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening, applicable
9 9, PP
• National FBI Background Criminal Screening (Level 2), if applicable
• Affidavit of Good Moral Character, if applicable
• Proof of Knowledge of Policies & Procedures, if applicable
• 1-9 Verification on File
The City reserves the right to inspect those employee/contractor files whose salaries
are funded in part or in whole by its funds.
Evaluation
In its continuing effort to ensure contract compliance and performance, the City will
evaluate the Sub-Recipient in its fulfillment of the terms of this agreement including,
but not limited to, the following measures:
• Agreement compliance
• Leverage and fiscal soundness
• Accuracy and timeliness of Monthly Progress Reports
• Accuracy and timeliness of Monthly Financial Reports
• Adherence to project timelines
11
• Fulfillment of prescribed outcomes
Fiscal Stability
The Sub-Recipient is required to maintain fiscal stability throughout the terms of this
Agreement. This is to ensure the Sub-Recipient's ability to fulfill the terms of this
Agreement and meeting of the National Objective.
For affordable housing developers, fiscal stability policies are encouraged in
anticipation of additional HUD guidance regarding fiscal oversight for rental projects.
More so, as projects have extended lives, fiscal stability underscores the long-term
viability of the housing units.
Leverage
For HOME-funded projects, the Sub-Recipient must demonstrate the commitment of
other sources of funds committed to the City-funded project. Furthermore, all other
identified funds must be in place prior to the use of HOME funds.
The documentation that demonstrates this fiscal leverage is the Subsidy Layering
Review and underwriting.
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to
ensure contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
• Inspection and review of client, budgetary and employee files (for those
employees providing services under this Agreement)
Monitoring visits will take place within 120 days of the commencement of services.
The City will notify the Sub-Recipient a minimum of three (3) business days prior to a
monitoring visit.
Performance Ratings
The Sub-Recipient agrees that its Performance Rating, the score awarded for
performance on the following measures, will be posted on the City's website on an
annual basis:
• Timely and accurate submission of Monthly Progress Report
• Timely and accurate submissions of Monthly Financial Reports
(reimbursement requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
12
Performance • Rationale • Score
Timely and accurate submission of ➢ "0" for failing to submit on time
Monthly Progress Report ➢ "25" for submitting on time _
Timely and accurate submissions of ➢ "0" for failing to submit accurate report
Monthly Financial Report with back-up material on time
(reimbursement requests) ➢ 25 for submitting accurate report on
time
Delivery of contracted service units Possible score of 0 to 50 based upon
within contracted timeframe completion of projected service units.
Score is pro-rated if total projected
service units are not met.
-._...._..................__............----.....-.............._.._.....-----------------.....__..-._....._.._._.__ ._._...- ---
Proformas
Capital projects must submit certified monthly proformas that indicate project funding
sources and correlating uses. Proformas must be certified by the preparing party as
well as the agency's signatory as reflected within this Agreement.
Reporting Requirements
The Contractor will provide the City with a Monthly Progress Report and Monthly
Financial Report by the 10th of the following month. In the event that the 10th of the
month lands on a Saturday, Sunday or holiday, the report must be submitted the
following business day.
13
The following chart depicts the submission dates for the term of this Agreement:
Date 6r Submi'ssibn,
October 2013 November 12, 2013
November 2013 December 10, 2013
December 2013 January 10, 2014
January 2014 February 10, 2014
February 2014 March 10, 2014
March 2014 April 10, 2014
April 2014 May 12, 2014
May 2014 June 10, 2014
June 2014 July 10, 2014
July 2014 August 11, 2014
August 2014 September 10, 2014
September 2014 October 10, 2014
Monthly reports will be submitted via any of the following methods:
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (evidence of expense incurred,
invoices, time logs, executed AIA Forms, etc.)
• Reports bear the signature of the person preparing the report and the Sub-
Recipient's authorized signatory
Monthly Progress Reports should encapsulate a project's progress in alignment with
the funds expended.
Rent Roll Submissions
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing
must submit tenant rent rolls within thirty (30) days of meeting the National Objective
and every year thereafter for a minimum of fifteen (15) years in adherence with the
affordability period required with use of these funds. For completed projects, certified
tenant rolls must be submitted annually by November 1St. Tenant rolls must be
certified by the Sub-Recipient Agency's authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the
period of affordability established in the City's Restrictive Covenant and/or mortgage.
These tenant rolls must be submitted by November 1 St of each year of affordability.
Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory.
14
Retainage
All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that
will not be released until the National Objective is met. Retainage will be held as
appropriate from all submitted reimbursement requests.
Subsidy Layering Review
All affordable housing projects using CDBG/HOME funds require the completion of
an independent Subsidy Layering Review and underwriting. These reviews must be
completed prior to the project being submitted via HUD's IDIS system and precedes
the incurrence of any related funds. Therefore, no capital projects will be deemed
eligible for reimbursement until the Subsidy Layering Review and underwriting have
been received and accepted by the City.
The expense for the Subsidy Layering Review and underwriting services are eligible
for reimbursement if the project proceeds but is not eligible for reimbursement
otherwise.
Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (60) days from the
incurrence of the expense. The City will strictly monitor this element. Please note that
cancelled checks must be submitted in conjunction with all reimbursement requests.
Therefore, the Sub-Recipient should calendar itself accordingly to ensure that
reimbursement requests are submitted to the City in a timely manner.
Training Requirements
The Sub-Recipient must ensure that the person responsible for preparing the Monthly
Progress Report and Monthly Financial Report attends the City's Sub-Recipient
Reporting Training and places the attendance certificate in the employee's personnel
file for inspection by the City during its monitoring visit.
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
15
EXHIBIT "B"
"DOCUMENTATION"
The Sub-Recipient agrees to provide the following documents as part of its reporting
requirements:
To Document Insurance Coverage:
• Copy of insurance policy or binder (with proof of payment) with limits and
scope of coverage
To Document Client Eligibility and Service:
• Client attendance logs
• Intake and screening forms
• Executed client consent agreements
To Document Fiscal Leverage:
• Monthly project proformas (for capital projects only)
To Document Procurement:
• Evidence of at least three (3) quotes obtained for service/item
• Formal bid process including advertisement, scope, respondents and scoring
To Document Expenses Incurred:
• Cancelled checks with copy of referenced invoice
• Electronic payroll ledgers with corresponding bank transactions (statement)
• Executed professional service agreements (subject to procurement)
• Executed and notarized AIA Forms (for capital projects only)
• Executed and Filed Release of Lien (for capital projects only)
• Copies of valid work permits ad clearances (for capital projects only)
To Document Construction Completion:
• Certificate of Occupancy (CO)
To Document Lease-up of Affordable Housing:
• Rent rolls
• Tenant applications (with proof of income)
16
EXHIBIT 66C17
"BUDGET"
The attached budget reflects the scope of expenses that may be incurred through
this Agreement. All expenses must comply with applicable rules and regulations
including Procurement and Davis Bacon Act.
17
I
/\AIAMI BEACH F__ HOME FY 13/14
Project Budget
Sub-Recipient: HOPE, Inc. Project: Fair Housing Education/Outreach
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item Quantity.
Personnel (Employees Only)-List Position Title
0
0
0
Other Expenses
Workshop-Educational Session 5 500 2500
Fair Housing Education-Community Event 10 250 2500
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Project • 5000
EXHIBIT "D"
"FINANCIAL MANAGEMENT"
To comply with federal regulations, each program must have a financial management system
that provides accurate, current and complete disclosure of the financial status of the activity.
This means the financial system must be capable of generating regular financial status
reports which indicate the dollar amount allocated for each activity (including any budget
revisions), amount obligated (i.e., for which contract exists), and the amount expended for
each activity. The system must permit the comparison of actual expenditures and revenues
against budgeted amounts. The City must be able to isolate and to trace every
CDBG/HOME dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any
operating agency, which is not a City department or bureau, in order to determine whether or
not it meets all of the above requirements. If the agency's system does not meet these
requirements and modifications are not possible, the City must administer the CDBG/HOME
funds for the operating agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure. They normally include
the following items:
• Salaries - Should be supported by proper documentation in personnel files of hire date,
position, duties, compensation, and raises with effective date, termination date, and
similar type information. Non-exempt employees are required by law to complete a
timesheet showing number of hours they worked during the day. All employees paid in
whole or in part from CDBG/HOME funds should prepare a time sheet indicating the
hours worked on CDBG/HOME projects for each pay period. Based on these time
sheets and the hourly payroll costs for each employee, a voucher statement indicating
the distribution of payroll charges should be prepared and placed in the appropriate files.)
• Employee Benefits - Should be supported by personnel policies and procedures
manual, describing the types of benefits, eligibility and other relevant information.)
• Professional Services - Should be supported by a complete and signed copy of the
contract between the organization and the independent contractor, describing at the
minimum, period of service, type of service and method for payments, in addition to the
invoice from the private contractor.)
• Purchases - At a minimum, purchases should be supported by a purchase order,
packing list and vendor invoice. Credit card statements, travel itineraries, vendor
statements and similar items do not represent support for an expense.
Records
Accounting records must be supported by source documentation. Invoices, bills of lading,
purchase vouchers, payrolls and the like must be secured and retained for four years in order
to show for what purpose funds were spent. Payments should not be made without invoices
and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead.
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Financial records are to be retained fora period of four ears with access guaranteed to the
P years, 9
City, to HUD or Treasury officials or their representative.
Audits
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and
local governments that receive Federal funding fall under the revised OMB Circular A-133,
Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that
expend $500,000 or more in a year in Federal awards must have a single or program-
specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to
the City immediately following the end of the fiscal year(s) during which CDBG/HOME funds
are received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form
(Form SF-SAC) and reporting package upon completion of the annual audit in accordance
with OMB Circular A-133. The deadline for this submission is the earlier of the 30 days after
receipt of the auditor's report(s), or nine months after the end of the audit period, unless a
longer period is agreed to in advance by the cognizant or oversight agency for the audit.
Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10th Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac(oD_census.gov
Web: http://harvester.census.gov/sac
F:IRHCD I$ALLIHSG-CDIRichard\FY2012-201312013-2014 HOME Contracts\HOPE scope of services 1314.docx
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