Loading...
2014-28476 Reso I RESOLUTION NO.' 2014-28476 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALLOCATE $748,477 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $1,591,363 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; AMEND THE FY 2008 THROUGH FY 2013 ACTION PLANS; ISSUE A NOTICE OF PUBLIC MEETING ON THE PROPOSED SUBSTANTIAL AMENDMENTS TO THE CITY'S FY 2008 THROUGH FY 2013 ACTION PLANS, TO INCLUDE A THIRTY (30) DAY PUBLIC COMMENT PERIOD; AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE RECAPTURED HOME FUNDS TO ENSURE COMPLIANCE WITH THE UNITED STATES HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT'S RULES AND REGULATIONS. WHEREAS, the City is an entitlement recipient of federal formula U.S. Department of Housing and Urban Development (HUD) grant programs as follows: Community Development Block Grant (CDBG)funds, and HOME Investment funds (HOME); and WHEREAS, while CDBG funds are primarily used to provide vital public services, housing activities, code enforcement, and improvements to public facilities, such as youth centers and senior centers, HOME funds are strictly used for affordable housing activities including multi-family rentals and first time homeownership; and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the Action Plan for Federal funds is a requirement under HUD's formula grant programs, which include the CDBG and HOME Program; and WHEREAS, the resulting CDBG and HOME recapture recommendations will be incorporated to the City's FY 2008 through FY 2013 Action Plans; and WHEREAS, the City will issue a Notice of Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans, to include a thirty (30) day public comment period; and WHEREAS, the City will issue a Request For Proposals (RFP) for the recaptured HOME funds to ensure compliance with the United States Housing and Urban Development Department's (HUD) rules and regulations; and WHEREAS, the City Manager is the HUD designated agent for all formula grants, and executes the grant applications, the Agreements, and other applicable HUD documents on behalf of the City; and WHEREAS, submit the Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans to HUD. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission authorize the approval of the recaptured funds; Issue a Notice of Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Actions Plans; filing the amended Action Plans as required by HUD; subsequently issuing the RFP in order to reallocate HOME funds; and further authorizing the appropriation of all Federal funds. PASSED AND ADOPTED this day of ��i��k�" 2014. ATTEST: \� JB C CITY CLE K `- MAY INCORP 0RAIED APPROVED AS TO FORM &LANGUAGE &'-FOR EXECUTION _ 13 ftv City At orne Date ,I COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission, Approving and Authorizing the City Manager to Recapture and Reallocate CDBG and HOME funds; Amend the FY 2008 through FY 2013 Actions Plans; Issue a Notice of Public Meeting on the Proposed Substantial Amendments; and Issue a Request for Proposals RFP for the Recaptured HOME Funds. Key Intended Outcome Supported: Increase Access to Workforce or Affordable Housing Supporting Data (Surveys, Environmental Scan, etc.): 1) 62% of residents rate the availability of workforce housing as too .little/not enough; 2) the number of affordable housing units is 4,796 Item Summa /Recommendation: The City receives annual funding from HUD that requires the submission of a Five- Year Consolidated Plan establishing the strategic framework upon which the City will utilize its funds. The Plan is then augmented and refined via the City's annual One-Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. CDBG and HOME require timely expenditure. HOME funds must be committed within two years of receipt and expended within five years. CDBG requires that the City have no more than 1.5 times its current annual allocation in its line of credit by August 2"d. To ensure compliance, staff reviewed outstanding funded projects to determine the appropriateness of recapture using the following criteria: • Projects failing to adhere to timeliness standards (including if it has not commenced); • Sub-recipient's capacity to expend funds has substantially changed since contract award; and/or • Sub-recipient's contracts have expired and are not viable for renewal given the Sub-recipient's current fiscal and/or operational conditions. Recaptured funds require an Action Plan amendment to HUD. Further, a 30-day public comment period is required. Subsequently, the City will issue a Request For Proposals (RFP)to allow entities to apply for recaptured funds. The RFP will be reviewed by the Affordable Housing Advisory Committee and Loan Review Committee. The City has revamped its HUD RFP process to improve the responsiveness of applications, embed program requirements to ensure that applicants submit viable projects, and facilitate the consistent and uniform review of applications. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Funds: $169,678.96 136.1931.XXX, 138.5191/5415,5453/5816.XXX 2 $453,156.00 130.5110/5229/5230/5432/5442/5446.XXX 3 $1,591,321.49 179.5228/5229.XXX, 180.5230/5231.XXX, 181.5226/5230/5231.XXX 4 $125,684.81 Unallocated CHDO Operating&Multi-year CDBG Funds OBPI `:Total $2,339,841.26 Financial Impact Summary: City Clerk's Office Legislative Tracking: Maria Ruiz/ Housing & Community Development Sign-Offs: Department Director, Ass' ant City Manager ity`Manager. Oft MLR KGB JLM MIAMIBEACH AGENDA ITEMS K (-- DATE ) MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Philip Levine and Members of the City Comm' sion FROM: Jimmy Morales, City Manager DATE: January 15, 2014 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP OVING AND AUTHORIZING THE CITY MANAGER TO RECAPTURE AND REALL ATE $748,477 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AND $1,591,363 OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS; AMEND THE FY 2008 THROUGH FY 2013 ACTION PLANS; ISSUE A NOTICE OF PUBLIC MEETING ON THE PROPOSED SUBSTANTIAL AMENDMENTS TO THE CITY'S FY 2008 THROUGH 2013 ACTION PLANS, TO INCLUDE A THIRTY (30) DAY PUBLIC COMMENT PERIOD; AND ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE RECAPTURED HOME FUNDS TO ENSURE COMPLIANCE WITH THE UNITED STATES HOUSING AND URBAN DEVELOPMENT (HUD) DEPARTMENT'S RULES AND REGULATIONS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND The City is a U.S. Housing and Urban Development (HUD)-designated entitlement community, as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City was designated a Community Development Block Grant (CDBG) entitlement city in 1975. The City has been receiving HOME Investment Partnership (HOME) Program funds since the program's creation in 1992. HOME provides funding specifically for affordable housing "to strengthen public/private partnerships and expand the supply of decent, safe, sanitary, and affordable housing with primary attention to rental housing for very low- income families." As an entitlement community, the City- receives an annual allocation of HUD funding. HUD requires participating jurisdictions to submit its Five- Year Consolidated Plan which establishes the strategic framework upon which the City will then subsequently utilize its funds. The Consolidated Plan is then augmented and refined via the City's annual submission of the One- Year Action Plan which delineates the specific projects and activities funded by each year's HUD allocation. The City traditionally uses its CDBG funds for a variety of public benefit activities including vital public services, housing activities, code enforcement, and improvements to public facilities, such as youth centers and senior centers. HOME funds are strictly used for affordable housing activities including multi-family rentals and first time homeownership. Both CDBG and HOME have timeliness requirements stipulating the use of HUD funds. HOME requires its funds to be committed within two years of receipt and expended within five years. CDBG requires that the City have no more than 1.5 times its current annual allocation in its line of credit 60 days before the end of its program year (September 30th). The City has met HUD's timeliness test each year. January 15, 2014 Page 2 HUD further requires its entitlement jurisdictions ensure that funded activities are carried out as intended and within the timeframe allowed. From time-to-time, it may be necessary for the City to process a "Substantial Amendment" to the Five Year Consolidated Plan or One Year Action Plans to allow for new CDBG- and HOME-funded activities; modification of existing activities; or other administrative program actions. The City is required by HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed action will be considered a "Substantial Amendment", as follows: • Addition of a new activity or project not previously described in the Consolidated or Action Plan. • Deletion of an activity or project previously described in the Consolidated or Action Plan. • Change in the purpose, scope, location or beneficiaries of an activity or project previously described in the Consolidated or Action Plan. • Change in the use of CDBG funds from one eligible activity or project to another previously described in Consolidated or Action Plan. • A cumulative change in the use of CDBG funds from an eligible activity to another eligible activity that decreases an activity's funding by 10% or more or increases an activity's funding by 10% or more during the fiscal year. Any proposed amendment that is considered a "Substantial Amendment" is subject to the Citizen Participation process, requires formal action by the City Commission, and approval by HUD. Furthermore, a thirty (30) day public notice is required to provide the opportunity for the public to review and comment on the proposed amendments. Upon approval, the City will issue a Notice of Public Meeting on the proposed substantial amendment to the City's FY 2008 through FY 2013 Action Plans. The City will consider all comments or views received from the public concerning proposed substantial amendments in accordance with 24 CFR 91.105 (c) (3). A summary of these comments and views shall be attached to the Substantial Amendment. ANALYSIS The City's Action Plan is monitored throughout the year to ensure compliance with federal regulations and progress towards the National Objective. The National Objective stipulates that funded activities must meet one of the three following goals: 1. Principally benefitting low-and moderate-income persons who earn at or below 80% of the area median income, as noted in 24 CFR 570.208(a); 2. Aids in the prevention or elimination of slums or blight, as noted in 24 CFR 570.208(b); and/or 3. Qualifies as a certified urgent need, as noted in 24 CFR 570.208(c). If a project is failing to achieve the National Objective, the City explores the feasibility of recapturing funds to ensure compliance. In addition, funds that are surrendered because they remain unspent at the end of the contract term are also subject to recapture and reissuance. Recaptured funds remain subject to timeliness rules even after reissuance. In accordance with HUD regulations, City staff reviewed funded projects and identified those which have yet to achieve the National Objective. Projects were evaluated for compliance to timeliness, progress and contractual terms. Projects were then identified for susceptibility to recapture as a result of any shortcomings. Those projects deemed eligible for recapture were further evaluated using the following criteria recognized by HUD: January 15, 2014 Page 3 • Project's failure to adhere to timeliness standards including if it has not commenced; • Sub-recipient's capacity to expend funds in a timely manner and as proscribed contractually; and/or • Sub-recipient's contracts have expired and are not viable for renewal given the sub- recipient's current fiscal and/or operational conditions. Based on the criteria above, the following projects are hereby recommended for funds recapture to ensure that the City meets all of its obligations with HUD's compliance standards: Funding Prograrr Agency Activity/Project Amo�unt Year 2012 Jewish Community Services Social services for elderly $92 and homeless UNIDAD of Miami Beach Project LINK $2 RAIN Parents, Inc. ncy Assistance $6,814 City Section 108 Loan Payoff $ 155,317 CDBG City Administrative costs $7,452 2013 Miami Beach CDC Administrative Services $60,506 Barclay Apartments $ 179,747 London House Phase II $67,318 ADA Compliance $ 121,085 Housing Public Services $ 14,500 Log Cabin Enterprises Employment/Disabled $ 10,000 2011 Miami Beach CDC Villa Matti $ 16,150 Barclay Apartments $ 100,000 London House II $646,267 2012 London House II $610,441 HOME CHDO Operating $24,557 2013 CHDO Operating $23, 476 London House II $ 100,000 CHDO Project Set Aside $70,429 CHDO Operating $41 The total value of recaptured funds is $2,339,841.26. This includes $125,643 in CDBG funds that had remained unallocated from multiple prior years. Once funds are recaptured, the City is obligated to amend its Annual Plans with HUD to reflect these changes. In addition, as required by HUD, the City will make the amended Action Plans available for public comment for 30 days. The amended plans will be posted on the City's website and noticed for public review via the Neighbors section of The Miami Herald. A copy of the advertisement is attached. The public comment period will commence January 16th and close February 15th. All comments received will be included in the filing of amended plans submitted to HUD. Since the City must adhere to HUD's timeliness standards, the Administration is further requesting Commission approval to issue the attached Request For Proposals (RFP). The RFP will identify affordable housing projects eligible for recaptured-,HOME funds and enable the City's timely commitment of funds as required by HUD. The City will include the recaptured CDBG funds in its FY 2014/15 allocation and will be placed for bid via the annual HUD RFP process. January 15, 2014 Page 4 The City has revamped its RFP process to improve the responsiveness of applications, identifies those projects with funding gaps (as HUD rules stipulate that HOME funds can no longer fund projects with funding gaps), embed program requirements to ensure that applicants submit viable projects, and facilitate the consistent and uniform review of applications. In addition, the RFP requires applicants to align their proposed projects with the City's Key Intended Outcomes (KIO) to ensure that recommended activities align with the City's Strategic Plan. The RFP will be reviewed by two City committees: Affordable Housing Advisory Committee and Loan Review. The committees' recommendations will be forwarded to the Mayor and Commission along with staff recommendations once the RFP applications are received, reviewed and prioritized. In addition to the contracts identified for recapture above, the City was notified by HUD that it was de-obligating $187,000 assigned to Villa Matti, an MBCDC-managed project, because the previous Administration had failed to commit the funds in a timely manner. Such action underscores the importance of ensuring that HUD funds are committed and expended in a timely manner so as to ensure their beneficial use for City projects. CONCLUSION The Administration recommends approval of the recaptured funds, authorization to file the amended Action Plans as required by HUD; Issue a Notice of a Public Meeting on the Proposed Substantial Amendments to the City's FY 2008 through FY 2013 Action Plans; and subsequently issue the RFP in order to reallocate HOME funds to ensure compliance with HUD timeliness standards. JLM/KGB/MLR/AB Application for Recaptured Federal Funds- February 2014 Cri IL City of Miami Beach Request for Proposals RFP HOME Investment Partnership (HOME) Funds (Recaptured Funds from Multiple Fiscal Years) Deadline for Submissions: Wednesday, March 5. 2014 at 4:30pm Applications must be received by 4:30pm on Wednesday, March 5, 2014. Any application received after that time will not be considered. The responsibility for submitting applications on or before the stated time and date is solely the responsibility of the Applicant. The City will not be responsible for delays caused by mail, courier services or any other entity or occurrence. City of Miami Beach Office of Housing&Community Development 555 -17th Street Miami Beach, Florida 33139 Telephone: 305-673-7260 Fax: 305-604-2421 Website: www.miamibeachfi.gov Email: mariaruiz @miamibeachfl.gov City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 MIAMI BEACH Mayor • of the City Commission: • • Levine, Mayor D'-•' Weithorn,Vice-Mayor Grieco,Michael Commissioner Joy Malakoff, Micky •' • Commissioner Edward L.Tobin, Jonah • • Commissioner City Administration: Morales,Jimmy L. • Kathie G. Brooks, Jose Jimenez, Esq., Manager Mark Taxis,Assistant City Manager Housing Community Development Maria L. Ruiz, Director Richard Alejandro Ballina, CDBG Coordinator A. Bowman, •• • • Dirnora Rosario, Public Alice Waters, Financial Analyst City"We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical, historic community." Our Vision The City of Miami Beach will be: •Cleaner and Safer; • More Beautiful and Vibrant; •A Mature,Stable Residential Community with Well-improved Infrastructure; •A Unique Urban and Historic Environment; •A Cultural, Entertainment,Tourism Capital;and •An International Center for Innovation in Culture, Recreation and Business. Our Values • We maintain the City of Miami Beach as a world-class city. •We work as a cooperative team of well-trained professionals. •We serve the public with dignity and respect. •We conduct the business of the City with honesty,integrity,and dedication. •We are ambassadors of good will to our residents,visitors,and the business community. of • • Development Application for Recaptured Federal Funds - February 2014 Notice of Funding Availability (1 of 3) The City of Miami Beach is an entitlement grantee of federal funds. It receives an annual allocation of funding for the HOME Investment Partnership Program (HOME)from the United States Department of Housing and Urban Development (HUD).The City is entitled to these funds because its population, housing and/or demographic characteristics meet the formula requirements needed to obtain funding. HUD requires the City complete a five-year Consolidated Plan that includes a housing assessment, market analysis and assessment of community development needs. The Consolidated Plan is meant to address the needs of low- and moderate- income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and objectives for community development programs and sets the framework for subsequent One Year Action Planes that describe specific activities that will be funded through the City's HUD-funded grant programs. As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum feasible priority to activities which: 4 Benefit low-and moderate-income persons and households; 4 Aid in the prevention or elimination of slums and blight; or 4 Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those which have no other financial resources available. The City of Miami Beach has the following recaptured funds available for award through its HOME program: FY 10/11 CHDO Operating $ 41.81 FY 11/12 $ 7621417.70 FY 12/13 $ 6341998.79 FY 13/14 $ 191,905.00 • • $ 1,589,363.30 The City obtained authorization from the Mayor and City Commission on January 15, 2014 to issue the attached Request For Proposals(RFP)to solicit eligible affordable housing projects within the City. Here is the timeline of events for this RFP: P e • • • January 15, 2014 Authorization from the Mayor&Commission to recapture funds and issue RFP January 30, 2014 Joint meeting of Affordable Housing Advisory Committee (AHAC) and Loan Review Committee (LRC)to review RFP February 5, 2014 RFP Issued February 12, 2014 Applicant conference to address RFP questions convened -Attendance is Mandatory March 5, 2014 Deadline for receipt of RFP applications March 6-17, 2014 Staff review of applications March 20, 2014 Joint meeting of AHAC and LRC to review applications and make funding recommendations to the Mayor and Commission April TBA Submit funding recommendations to Mayor&Commission for award City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Notice of Funding Availability (2 of 3) Eligible Categories for Use of HOME Program funds under this RFP • Rehabilitation of existing multi-family buildings (more than 4 units) Rehabilitation of existing multi-family buildings to provide safe, decent, sanitary rental housing to income-eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. • Acquisition and rehabilitation of existing multi-family buildings (more than 4 units) Existing multi-family buildings may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income- eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. • Acquisition and rehabilitation of existing scattered units Single-family housing (including condominium units) may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income-eligible tenants and first-time eligible homeowners. HOME-Assisted Units Proposed projects which contain all HOME-assisted units or mixed-income units will be considered. Refer to CPD Notice 98- 02 "Allocating Costs and Identifying HOME Assisted-Units in Multi-Unit Projects". The number of HOME-assisted units in a project is based on the number of units that are acquired or rehabilitated with HOME funds. These units are subject to rent, occupancy, per unit subsidy limits, and resale/recapture restrictions. Period of Affordability Under the HOME Program, HOME-assisted units must meet certain Minimum Affordability Requirements beginning after project completion. However, the City of Miami Beach requires that the affordability period be extended for a minimum term of thirty (30) years. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. To enforce the affordability and income eligibility requirements, the City will require the property owner to execute a Mortgage and Security Agreement, and a Promissory Note, which will be recorded in the public records as a lien against the property. HOME Income Limit Set-Aside Requirements The HOME Program requirements for unit occupancy and affordability apply at the time of occupancy or at the time HOME funds are invested, whichever is later, and throughout the period of affordability. HUD periodically publishes income limits for the HOME Program. At the time of the initial rent-up, housing will qualify as affordable only if the project is configured as follows: 1) At least 20 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent or less of the Area Median Income, adjusted for family size; 2) At least 70 percent of the HOME assisted rental units must be occupied by families with household income of 60 percent or less of the Area Median Income, adjusted for family size; 3) A maximum of 10 percent of the HOME assisted rental units may be occupied by families with household income of 80 percent or less of the Area Median Income, adjusted for family size. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Notice of Funding Availability (3 of 3) Long Term Occupancy Requirements After projects are initially occupied, owners are required to maintain occupancy of units by low and very low-income persons for the period of affordability as specified above. Project owners are responsible for maintaining the correct number of High and Low HOME rent units, establishing systems to recertify tenant income on an annual basis, and adjusting rents for over- income tenants when required. Applicant Conference-Mandatory Applicant's responding to this RFP must attend the Applicant Conference scheduled for February 12, 2014 at 9am at the Housing&Community Development Conference Room, located at 555-17th Street. The conference will review application requirements, use of the provided form and address applicant questions. This is the only public event for the purposes of addressing questions, concerns or clarification regarding the RFP. At the conference, attendees will be provided with a submission code that must be inserted in the designated area within the Applicant Info(rmation) tab enable submission of the application. Once the RFP is issued, comments raised outside of the Applicant Conference will be addressed via email. Questions can be posed by sending an email to mariaruiz @miamibeachfl.gov. Replies will be provided and shared with all Applicant Conference attendees within 48 business hours. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Priorities In order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable success in project implementation, the following broadly defined priorities and -operational imperatives have been established in the City's FY 2013-17 Consolidated Plan and summarized for purposes of this RFP as: 4 Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach 4 Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and provide planning and administrative support. 4 Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the preservation of historic structures. Operational Imperatives In order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have been established in the Five-Year Consolidated Plan and City processes: 4 Recipient organizations must have acceptable past and/or current performance on City-funded projects. 4 As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed project. 4 Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and demonstrated past financial stability (as evidenced in its past two agency fiscal audits). 4 Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed project, i.e. City funds are the last needed to complete the project. 4 Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review which includes a certified Sources and Uses Summary 4 Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed project 4 Housing development and property improvement programs are expected to use quality, long-lasting methods and materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the proposed project 4 The cost of providing housing or services will be considered in evaluating applications and must meet HUD guidelines 4 Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional services. 4 Funded activities must meet a National Objective within two years of funding award. Further priority is given to those established housing needs for which there is currently insufficient assistance including: 1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers 2 Multi-family Housing rehabilitation In addition, the City will prioritize awards to those projects that align with its Key Intended Outcomes (KIO) as defined in its current Strategic Plan .The City's KIOs can be found in its own tab within this workbook. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 , Eligible Activities The primary objective of the HOME program is to provide safe, decent and affordable housing to low- and moderate-income persons and households who earn at or below 80%of the median income. Funded activities must deliver affordable, decent, safe and sanitary housing for low- and moderate-income households in the City of Miami Beach. Applicable Income Tables are referenced in the corresponding tab in this workbook. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Application Instructions (1 of 2) This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant Information tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. L ..pp Pill Threshold items determining the Applicant's responsiveness are indicated as Required Items requiring signatures are noted as Signatures Needed. Submission Checklist A drop-down menu is provided for each item to enable easy labeling as submitted or not. Please ensure to update the status for each item. In addition, we have left open spaces in the event that the applicant wishes to attach additional items not specifically requested in the RFP. All shaded area require a response.Those areas in`ny. require a manual input. Items shaded in green require use of the drop-down menu provided. Applicant Info(rmation) DO NOT ALTER ANY AREA SHADED IN RED. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copy format. The Applicant name is auto-populated once you have completed the previous tab. As you provide the Project Synopsis in the green shaded space provided, please be succinct but complete in your narrative and run spellcheck before finalizing. If you have a Physical Needs Assessment for the proposed project, please include as an Project Overview attachment. For Project Partners, list each entity separately and use the drop-down menu to indicate the type of support provided from each. In the final column, please list the cash value of the entity's support. DO NOT ALTER ANY AREA SHADED IN RED. Please note there are two pages to this section. Project Impact Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. Please note there are two pages to this section. Applicant Experience Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. The Budget form has five columns. The first column should list all of the entities providing cash,financing or in-kind leverage to the proposed project. The second column, "Confirmed Receipt", enables you to insert the dollar value of any commitment that has been secured. Project Budget The third column, "Pending Receipt", enables you to insert the value of any projected funds that have yet to be secured but may be reasonably expected. The fourth column, "City Request" enables you to insert the value of funds requested from the City through this RFP process. DO NOT ALTER ANY AREA SHADED IN RED. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Application Instructions (2 of 2) Instructions Tab General In the column labeled "Line Item Category," list the various project expenses using the drop-down menu provided. In each of the following columns to the right, and under "Fund Source", insert the name of Sources& Uses the funding entity and then below the respective amounts allocated to each line item. A second page is provided if your project has more than five (5) funding sources. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copy format. Using the drop-down menus provided, answer each area shaded in green. Priority Alignment Provide a brief but succinct narrative in the grey space provided that explains how your agency will measure its impact on the City's Key Intended Outcomes selected. Run spellcheck before finalizing your narrative. Affidavit 1 Review and provide signatures requested. Affidavit 2 Review and provide signatures requested. Affidavit 3 Review and provide signatures requested. Affidavit 4 Review and provide signatures requested. IT 1 21 1 1113111 The following attachments are required and must be submitted with the one (1) original hard copy application and two copies.These attachments should be placed directly following Affidavit 4 with the hard copies. 1. Agency's Articles of Incorporation in their entirety. 2. A current list of the Applicant's Board of Directors and their respective affiliation(s). 3.The Applicant's last two (2) annual financial audits. 4. Letters of commitment/award, contracts or other documents attesting to the evidence of matching/in-kind funds. Resources or financing. While a Subsidy Layering Review is not required at the time of application, it is encouraged as a means of reviewing the project's fiscal viability. If provided, this document should follow the required attachments. If the applicant wishes to submit additional documents, they may do so. If provided, these should follow the required attachments. Applicants must submit their application(s) as follows: One (1) original hard copy with authorizing signatures in blue ink. One (1) duplicate hard copy of the original hard copy application. One digital copy in Excel format of the application with attachments in RDP format on CD ROM. Via Hand Delivery: Office of Housing & Community Development, 555 - 17th Street, Miami Beach, Florida 33139. Receipt is made weekdays, gam to 4pm excluding legal holidays. Via Mail Delivery: Office of Community Development, 1700 Convention Center Drive, Miami Beach, Florida 33139 City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 General Information (1 of 3) The following funding is available through this RFP: FY 10/11 CHDO Operating $ 41.81 FY 11/12 $ 762,417.70 FY 12/13 $ 634,998.79 FY 13/14 $ 191,905.00 • • o $ 1,589,363.30 Determination of Appropriateness Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible activity as defined by HUD regulations. Projects must result in the creation of safe, sanitary, decent and affordable housing to low-and moderate-income persons and households who earn at or below 80%of the median income. Deadline for Submission Responses to this RFP are due Wednesday, March 5, 2014 at 4:30pm at the Office of Housing & Community Development located at 555 -17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community Development, Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Late applications will not be accepted. Fatal Flaws The following errors, omissions and/or conditions are considered fatal flaws preventing applications from consideration for funding: Incomplete applications (missing any section of the application or omission of required attachments) Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership Projects with funding gaps despite the potential award of City funds Submission Requirements Applicants must submit their application(s) as follows: ❑ One (1) original hard copy with authorizing signatures in blue ink. ❑ One (1) duplicate hard copy of the original hard copy application. ❑ One digital copy in Excel format of the application with attachments in RDP format on CD ROM. Directions for Completing the Application This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant Information tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 General Information (2 of 3) Modifications/Withdrawals of Proposals An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until the Application due date and time. Modifications received after the Application due date and time will not be considered. Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after expiration of 120 calendar days from the opening of Applications without a contract award. Letters of withdrawal received after the Application due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP Postponement/Cancellation/Rejection The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a result of this RFP. Costs Incurred by Applicants All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith, shall be the sole responsibility(and shall be at the sole cost and expense) of the Applicant, and shall not be reimbursed by the City. Exceptions to RFP Applicants must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Application. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Applicant to comply with the particular term and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on the RFP). Florida Public Records Laws Applicants are hereby notified that all Applications including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida Public Records Law including, without limitation, Chapter 119, Florida Statues. Negotiations The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Applicants that by submitting a Application, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. Observance of Laws Applicants are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFA (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Applicant will in no way relieve it from responsibility for compliance. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 General Information (3 of 3) Conflict of Interest All Applicants must disclose, in their Application, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Applicants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Applicant entity or any of its affiliates. Applicant's Responsibility Before submitting a Application, each Applicant shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Applicant from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Applicant. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. American With Disabilities Act(ADA) Call (305) 673-7260/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7631. Acceptance of Gifts, Favors,Services Applicants shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Application. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Application Scoring Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit corporations or partnerships. Applicants must have a minimum of five (5) years of experience in the acquisition and rehabilitation of owner-occupied affordable housing and/or first-time homebuyer programs. Selection criteria will include, but is not limited to: 1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if applicable 2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal regulations 3. Ability to comply with the City's reporting requirements 4.Total project cost 5.Total number of units 6. Leveraging 7. Ability to conform to the City's plan for spatial de-concentration 8. Ability to provide homeowners with HUD-Certified Homeownership Counseling 9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting 10. Ability to demonstrate that the organization participates in the Welfare Transition Program The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated Plan. All eligible applications will be submitted to the City's Loan Review Committee and Affordable Housing Advisory Committee. The Committee will review all applications in accordance with the criteria as outlined in the RFP. Sections within the RFP are weighted and their respective values are noted below: Ta ° . Applicant Info(rmation) 5 Project Overview 20 Project Impact 20 Applicant Experience 25 Project Budget 20 Sources & Uses 5 Priority Alignment 5 • • 100 City of Miami Beach/Housing Community Development 00 00 O N rn ai m Lri L. co lD d N 00 O o . Ql LI) M LO O 00 o O lD M N .� o O o u o Lr, o m 0 Ln M N 0 0 Lr r-i O N m Ill M N E A Q At LL O O O � ' • M lD ate+ N N Ql _ u1 M c-I E L- V o 0 0 0 u v LL o � � � N � u O 0 0 4J m ~ oo N r o GJ A r; ri E E O O tJ� try try p CL Q O O � u Q O • lD Ql r- N �D c�i cri M N rl LL 0 M ^ en LA O O o = O 3 E . ^ u to 1 0 00 J J o O O U E V 3 a s a c o > J X W O O O O • O vl- Gi [t Application for Recaptured Federal Funds- February 2014 Uniform Relocation Assistance (URA) If a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the U RA. 1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is made. 2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances are changed by a project-either by higher rents or involuntary moves- must be protected and compensated. 3. The relocation rules are not all one-sided. There are actions that can be taken to control costs and prevent displacement. These actions include informing tenants about the project, treating them fairly during the process, staging work if it is feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the process. 4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers can all take actions which can incur a financial liability. Displaced tenants are entitled to 42 or 60 months of rental assistance depending on the situation. Many claims exceed $10,000. Although some claims are unavoidable, there is no reason to incur these costs by failure to follow the rules. 5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction timing and project feasibility can be considered before they are a crisis. 6. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work. The Developer and the City must work together. 7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information about the pending application. If the project is approved, they must be advised about any changes that will occur to their situation. If they are not advised - and move - they could claim that they were displaced even if that was not intended and they could be eligible for considerable financial compensation. If they must be displaced, they must be offered a comparable replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to them. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Applicant Information Applicant Name: Applicant Address: Telephone Number: Fax Number: Executive Director: E-Mail Address: Contact Person: E-Mail Address: Board Secretary: E-Mail Address: Employer Identification Number: Corporate Status: Is applicant a CHDO for the City of Miami Beach: Submission Code: .e � - Applicant's Articles of Incorporation Internal Revenue Services (IRS) Designation Letter Current Board of Director's Membership with Professional Affiliations Proposed Project Summary Project Category: Project Type: #of Units to be Created/Rehabilitated: Project Budget: $ - Agency Budget: $ - Amount of Secured Funding: $ - Amount of Funding Requested from City: $ - Subsidy Layering Review completed within past sixty (60) days Applicant Certification On behalf of the applicant organization, we certify that all of the information contained in this application is true and accurate. We further understand that the material omission or inclusion of false information contained in this application constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an application, we,. as the authorized representatives for the organization are accepting the terms and conditions as they appear in the Request For Proposals February 2014. Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: City of Miami Beach Use Only Project Funding Level: #DIV/0! Cost P/Unit: #DIV/01 City Funding Level: #DIV/0! Project Outlook: #DIV/01 SCORE RANGE FOR SECTION 5 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Submission Checklist Please verify that the following has been completed and submitted by the submission deadline as noted: Item/Attachment Status Applicant Info(rmation) (Signatures Needed)-Required Submission Checklist (Signatures Needed)- Required Project Overview- Required Project Impact- Required Applicant Experience- Required Project Budget- Required Sources & Uses(Signatures Needed)- Required Priority Alignment- Required Affidavit 1 (Signatures Needed)-Required Affidavit 2 (Signatures Needed)-Required Affidavit 3 (Signatures Needed)-Required Affidavit 4(Signatures Needed)-Required Applicant's Articles of Incorporation-Required Applicant's Internal Revenue Services Designation Letter - Required Current Board of Director's with Professional Affiliations- Required Physical Needs Assessment- Required Applicant Agency's Last Two Annual Audits- Required Evidence of Matching Funds/Leverage- Required Subsidy Layering Review-Optional Project Renderings-Optional Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Submitted Not Submitted - Fatal Flaw Submitted No Submitted City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Project Overview Applicant: 0 Project Synopsis In the space below, provide a brief synopsis of your proposed project including current status, location,scope and beneficiaries. Physical Needs Assessment (conducted by third party) Project Partners Please list the entities providing cash,financing and other support to proposed project. Support Entity Support Type $ - • $ - i t y of Miami Beach Use Only Fiscal Check: #VALUE. SCORE RANGE FOR SECTION 20 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Project Impact ( 1 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding the project's impact: 1. Describe the scope of your proposed project including a summary of planned construction goals. 2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent). SCORE •R SECTION 10 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Project Impact (2 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding the project's impact: 1. Describe if tenants will be relocated and, if so, summarize relocation plan. 2. Provide a brief project timeline. SCORE RANGE FOR SECTION 10 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Applicant Experience (1 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding applicant experience. 1. Describe experience in developing, rehabilitating and/or managing affordable housing. 2. Provide specific examples of successful projects. SCORE RANGE FOR SECTION 10 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Applicant Experience (2 of 2) Applicant: 0 In the space below, answer the following questions and provide any additional information regarding applicant experience. 1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples. SCORE RANGE FOR SECTION 15 Points City of Miami Beach/Housing Community Development • C a p o L t/'� th tn- �r}.�� �� �} ir} ��.{r� .{�•''�. �r}�.�} �n• u} �n• v� 'v� try 'u}; a. c �N Q • Q l-- O v L N Qj • 1 I 1 I I 1 1 I I I I I I I I I I I I I 1 � \ Q o a, fB cv Z O L aJ cu • aJ LL 1 C LL C L W 1 1 1 1 I 1 I I 1 1 1 1 I I I 1 1 1 1 1 1 Q a1 aA Q; U ai + bA .L LL N ai m O • O L V Cal _ Q •^ +'' U U L • � � d to tn- tn• t4 tn- tn- tn- t� tn- to tn� tn� t� th tn• tn� try th th tn� tn• � � m O � E a _ O Q 0- u Q Q) z c C3 • a a QJ L - a • a, to O L c- ai QJ L 0 Q a v Q a � L 3 Q 0 � QJ c Q1 Ul) av c M U QJ aJ Q � z Ln a _ L � � L aA V) a c un t CD C L LL = �• �/� j/} �� �} �� tn• tn• in• in• ink in• to n in- -(n -Ln th tn• t)• i/l- d ro to O = t L � p i Q N O O LL � L L LL a f� /} i/} �!� t/? t/� in t/} ih t/} ih t/1• (/'F t/} i/� in in in to to in t/� on L E c Ln Z O L O v a H C: N ai L.L -0 i N _0 C � LL V N Ln cu 0 � N Q m C U U LL _Y N f� W t/? to t? 41n -(n t)- in- -Ln tn 'In if -(n V')- t!? V} t} tn to t } tn in Co L N E O V CD rB 4- QJ m L O U N v >- . Q N =O U C Lj- in- ire tn to to t'�- V�- in tn. to V�- 1/'�- in. tf� ire tj)- to qj')- in. � a� 0 O T a a u � to V1 m o v �- U v � O a O O L u m U J r a a a E Q a z I O L I 1 1 I 1 1 1 1 I I 1 I I 1 1 I I 1 1 1 1 V � L V � L O 3 L O C N LL Ql L 1 1 1 1 1 1 1 1 1 1 1 I 1 I I I I I 1 1 1 Q� U L � V O L O � N L _ LL ct 00 d O a) _ a) U i V Q Ln O � N c cu _0 U Li O }+ C: z L.L E E 1 1 I I i I 1 I 1 1 I 1 I I I 1 I I I 1 1 ro N tw LL. 0 v � N 3 0 L (/') O O CL t m N W u v =3 L 0 co V(,J O Lo 0 1 I I I 1 I I I 1 1 I I 1 1 1 I 1 1 I 1 1 C '+j _ U O V L i =3 =3 i Q V) C U to c N = C VI LL t4 i/1. L O V N O V O i O Cu0 O a-+ U E O � O U J CL • Q Q Application for Recaptured Federal Funds- February 2014 Priority Alignment Housing Type Being Proposed: Project Location: Beneficiaries (List All): The City of Miami Beach has achieved a great deal by staying focused on its mission, vision and strategic priorities. By using performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have seen significant improvements since its plan was chartered. As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan.At a minimum, you must select one Key Intended Outcome (KIO) that your project will address. Extra points will be awarded for your ability to address additional KIOs. Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals. Primary KIO Proposed Project Will Address: Secondary KIO Proposed Project Will Address: Tertiary KIO Proposed Project Will Address: In the space provided below, please describe the measures you will use to quantify your impact on the selected KIOs above. Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants served. SCORE RANGE FOR SECTION 5 Points City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Acknowledgement of Application Submission Applicant: 0 As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami Beach Request For Proposals for Recaptured HOME funds and agree to the terms, specific limitations, and conditions expressed herein. In addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer as attached. Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied, we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of relocation assistance that may be needed. BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and labeled as "Affidavits" and, if awarded HOME funds, the Applicant will be able to comply fully with the provisions of those certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and sources and uses may be requested prior to final finding determinations. The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant and may require Applicant to submit documentation verifying such authority. Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: City of Miami Beach/Housing Community Development Application for Federal Recaptured Funds- February 2014 Affidavit of Compliance with Federal, State and local Regulations Applicant: 0 The undersigned certify that the information in this application is true and correct. The undersigned further certify that they are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions or intentionally misrepresented facts on tihs application, this application will be rejected and the applicant agency may be unable to participate in any City-funded program for two (2) complete fiscal years. If applying for HOME Investments Partnership Program funds, the applicant via the undersigned certify that it has read, understands and agrees to comply with the provisions of 24 CFR 92, and all federal regulations issued thereto by the United States Department of Housing and Urban Development (HUD). The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and laws. Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title: Name/Title: City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds- February 2014 Disclosure and Disclaimer Applicant: 0 This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's n convenience. An action taken b the City in response to applications made pursuant to this RFA or in information and y y y p pp p making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in withdrawing or canceling this RFA, either before or after issuance of an award(s), shall be without any liability on the part of the City. The contents of this RFA are neither warranted nor guaranteed by the City. Applicants interested in pursuing this development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements made in this RFA and any supplements thereto. The City reserves the right to reject any and all applications for any reason, or for no reason, without any resultant liability to the City. In its sole discretion, the City may withdraw the RFP either before or after receiving applications, may accept or reject applications, and may accept applications which deviate from the RFP as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting applications in response to this RFP. Following submission of an application, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the application and the applicant including the applicant's affiliates, officers, directors, shareholders, partners and employees as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective housing development entities. It is the responsibility of the applicant to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. Prospective applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any application conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any award will be made. Any applicant to this RFP who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer, is totally relying on this disclosure and disclaimer, and agrees to be bound by the terms hereof. Any applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such application. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. Information is for guidance only and does not constitute all or any part of an agreement. The City and all applicants will be bound only as, if and when an application, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. City of Miami Beach/Housing Community Development Application for Recaptured Federal Funds - February 2014 Disclosure and Disclaimer Applicant: 0 Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all applications and supporting documents shall be subject to disclosure as required by such law. All documents received by the City shall become public records. Applicants are expected to make all disclosures and declarations as requested in this RFA. By submission of an application, the applicant acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the application, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application is true, accurate and complete to the best of its knowledge and belief. Notwithstanding the foregoing or anything contained in the RFP, all applicants agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising,out of this RFP or any response thereto or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this disclosure and disclaimer which imposes no liability on the City. In the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title: Name/Title: City of Miami Beach/Housing Community Development Application for federal Recaptured Funds- February 2014 General HOME Program Requirements (1 of 3) HOME Per-Unit Subsidy Amount The maximum amount of HOME funds that may be invested on a per-unit basis may not exceed a per-unit dollar amount established by HUD. Rental Housing Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.252 and §92.253 for Rental Housing Project Qualification and for Tenant Protections. Eligible Costs Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.206 for a list of eligible project costs. Prohibited Activities Refer to the HOME Program Final Rule, 24 CFR Part 92, §92.214 for a list of prohibited activities. Property Standards Property that is rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances prior to occupancy. Following rehabilitation, owners will be required to maintain projects in accordance with all applicable State and local quality standards and code requirements. Proposed rehabilitation projects must propose to remedy all outstanding code deficiencies. The project owner is responsible for ensuring compliance with these standards throughout the period of affordability. The City will conduct inspections of all HOME-assisted units according to the schedule required by the HOME Rule. Handicapped Accessibility Standards Rehabilitation projects funded with HOME funds are subject to the Uniform Federal Accessibility Standards (UFAS) under Section 504 of the Rehabilitation Act of 1973. Alterations are divided into two types: Substantial Alteration: (Regulatory Citation 24 CFR 8.23(a)) Alteration in which the cost of the alterations to a facility of 15 or more dwelling units (including scattered site housing) equals or exceeds 75 percent of the replacement cost of the completed facility. Substantial alterations are subject to new construction accessibility requirements. Alterations that do not meet the definition of substantial (i.e., the development altered has less than 15 units, or the costs are less than 75 percent of the replacement cost of the completed facility) are covered by"other alterations." Other Alterations: (Regulatory Citation 24 CFR 8.23(b)) Applies to multifamily housing developments of 5 or more dwelling units (including scattered site housing). These alterations to dwelling units must, to the maximum extent feasible, be made accessible to and usable by individuals with disabilities. A minimum of 5 percent of the total dwelling units in a building or development, with a minimum of one unit, must be made accessible for individuals with mobility impairments. In addition to providing access to those with mobility impairments, when possible, the unit(s) shall also be pre-wired to facilitate the installation of auxiliary devices to assist the hearing and the visually impaired. Alterations to common areas such as entrances, lobbies, and recreation rooms must be made accessible to and usable by individuals with disabilities to the maximum extent feasible. City of Miami Beach/Housing Community Development Application for federal Recaptured Funds- February 2014 General HOME Program Requirements (2 of 3) Labor Standards/Prevailing Wages Every contract for the construction (or rehabilitation) of housing that includes 12 or more units assisted with HOME funds is required to comply with federal regulations pertaining to labor standards, including the prevailing wage requirements as determined pursuant to Davis-Bacon (40 USC 276a-5). Equal Opportunity and Fair Housing Entities receiving HOME funds are required to comply with all City ordinances, federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. Affirmative Marketing The City has adopted affirmative marketing policies and requirements for rental and homebuyer projects containing 5 or more HOME-assisted housing units. Affirmative marketing consists of efforts to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, religion, sex, sexual orientation, handicap, familial status or national origin. Affirmative marketing requires that entities receiving HOME funds take every reasonable step to inform and solicit applications from persons in the available housing market who are not likely to apply for the housing without special outreach and advertising efforts. Entities receiving HOME funds will be required to comply with the City's affirmative marketing policies and will be required to submit an affirmative marketing plan for the funded project. Minority/Women Business Outreach Entities receiving HOME funds are required to undertake minority/women business outreach to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants and providers of legal services. Section 3 Section 3 of the Housing and Urban Development Act of 1968, as amended in 1992, requires that economic opportunities generated by HUD financial assistance for housing and community development programs be targeted toward low and very low-income persons. Entities receiving HOME funds are required to comply with Section 3 which provides that, to the greatest extent feasible, opportunities for training and employment shall be given to lower-income residents of Miami Beach, and that contracts for work in connection with such projects be awarded to business concerns which are located in or are owned in substantial part by lower income Miami Beach residents. Lead Based Paint Housing assisted with HOME Program funds is subject to the requirements of 24.CFR Part 35, as amended, and the Lead- Based Paint Poisoning Prevention Act as amended by Title X of the Housing and Community Development Act of 1992. Projects assisted with HOME funds may require notification to tenants, disclosure of lead-based paint information, identification of defective paint surfaces, treatment of defective surfaces, and response to children with elevated blood lead levels. On September 15, 1999, U.S. HUD issued the final rule entitled "Requirements for Notification, Evaluation and Reduction of Lead-Based Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance". This regulation sets new requirements to prevent childhood lead poisoning in housing assisted or being sold by HUD and other Federal agencies. City of Miami Beach/Housing Community Development Application for federal Recaptured Funds- February 2014 General HOME Program Requirements (3 of 3) Debarment/Suspension Participants in the HOME Program must certify, pursuant to 24 CFR Part 24, that neither they or their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction. Other Federal Requirements There are a number of other federal requirements that apply to all HUD-funded programs including the implementation of HOME Program rental housing activities. Please acknowledgement acceptance and understanding of General HOME Program Requirements below. Signature of Preparing Party/ Date Signature of Authorizing Party/ Date Name/Title: Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title: Name/Title: City of Miami Beach/Housing Community Development