CDBG Agreement HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH 7b
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COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
HOUSING AUTHORITY OF THE CITY OF...MIAMI BEACH
This Agreement made and entered into this"J day of L.I&umn , 2011, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and
HOUSING AUTHORITY OF- THE CITY OF MIAMI BEACH, a not-for profit corporation having its
principal office at 200 Alton Road, Miami Beach, Florida, 33139 (hereinafter referred to as"Provider").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and
Urban Development (HUD) grant programs, Community Development Block Grant (CDBG) funds, and
HOME Investment funds (HOME), and 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, each year, the City prepares a One-Year Action Plan detailing how it
intends to allocate funds received from HUD to conduct eligible activities for the benefit of low and
moderate-income Miami Beach residents; and
WHEREAS, on May 8, 2013, the City's Community Development Advisory Committee
(CDAC) approved the funding recommendation of the One-Year Action Plan for Fiscal Year (FY)
2013/2014 activities; and
WHEREAS, in accordance with HUD regulations and the City's Citizen Participation
Plan concerning the preparation of the One-Year Action Plan, the Administration held two (2) public
meetings, receiving citizens' comments, and advertised a 30-day citizen comment period, from June 13,
2013, through July 12, 2013; and
WHEREAS, on July 17, 2013, the City Commission approved Resolution No. 2013-
28292, approving the One-Year Action Plan for Federal Funds for FY 2013/2014, and providing CDBG
funds, in the amount of$40,000, to Provider for the Installation of Energy Efficient Lighting at Rebecca
Towers located at 200 Alton Road, Miami Beach, Florida, 33139.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and
the following four (4) exhibits, all of which are attached and incorporated in this
Agreement:
• Exhibit A-Scope of Services
• Exhibit B- Documentation
• Exhibit C -Budget
• Exhibit D -Financial Management for CDBG-funded activities
Section 2. Statement of Work: The Provider agrees to implement the Project in accordance with
Exhibits A and B, which Program is summarized as follows:
Installation of Energy Efficient Lighting at Rebecca Towers
Installation of energy efficient lighting at Rebecca Towers located at 200 Alton Road, a
200 unit affordable housing building, North tower.
Section 3. Agreement Amount: The City agrees to make available FORTY THOUSAND
DOLLARS ($40,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional amounts
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included thereto as a result of a subsequent amendment(s) to the Agreement, shall be
referred to as the"Funds").
Section 4. Alterations: Any proposed changes in the Project including, without limitation, the
Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the
City Manager, which approval, if given at all, shall be at his sole reasonable judgment
and discretion.
Section 5. Method of Payment and Reporting Requirements: During the Term, Provider shall
submit monthly Project progress reports to the City on the 10th day of each month,
respectively. As part of the report submitted in October, 2014 the Provider also agrees
to include, a comprehensive final report covering the agreed-upon Project objectives,
activities, and expenditures, and including, but not limited to, performance data on client
feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B
contains reporting forms to be used in fulfillment of this requirement. Other reporting
requirements may be required by the City Manager in the event of Project changes; the
need for additional information or documentation arises; and/or legislative amendments
are enacted. Reports and/or requested documentation not received by the due date
shall be considered delinquent and may be cause for default and termination of this
Agreement, pursuant to Section 12 hereof.
Section 6. Monitoring: At its discretion, the City may schedule at least one (1) annual on-site
monitoring visit with the Provider to evaluate the progress of the Project, and/or to
provide technical assistance. At the City's option, a desk top review of the activities may
be conducted in lieu of an on-site visit.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG grant funds from HUD, and must be implemented in full
compliance with all of HUD's rules and regulations. In the event of curtailment or non-
production of said federal funds, the financial sources necessary to continue to pay the
Provider all or any portions of the Funds will not be available. In that event, the City may
terminate this Agreement, which termination shall be effective as of the date that it is
determined by the City Manager, in his sole discretion and judgment, that the Funds are
no longer available. In the event of such termination, the Provider agrees that it will not
look.to, .nor seek to .hold the City, nor any.individual member of the City Commission
and/or City Administration, personally liable for the performance of this Agreement, and
the City shall be released from any further liability to Provider under the terms of this
Agreement.
Section 8. Compliance with Local, State and Federal Regulations - The Provider agrees to
comply with all applicable Federal regulations as they may apply to Project
administration and to carry out each activity in compliance with the laws and regulations
as described in 24 CFR 570 Subpart K, as same may be amended from time to time.
Additionally, the Provider will comply with all State and local (City and County) laws and
ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility
to continually familiarize itself with any and all such applicable Federal, State, County,
and City regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for benefits under covered
activities funded by the CDBG Program. "Benefits" under this section means financial
assistance, public services, jobs, and access to new or rehabilitated housing and other
facilities made available under activities funded by the CDBG Program. "Benefits" do
not include relocation services and payments to which displacees are entitled by law.
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Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or
subcontracted without the prior written consent of the City, which consent, if given at all,
shall be at the City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence on October 1, 2012, and terminate on
September 30, 2014, (the Term), with the understanding that at, the end of the Term,
the City Commission has the authority to reappropriate any remaining unused Funds.
Section 12. Termination of Agreement:
12ATermination for Convenience: This Agreement may be terminated by the City,
for convenience and without cause, through it's City Manager, upon 30 days prior
written notice to Provider. In the event of such termination for convenience, the
City shall cease any payments to Provider for costs resulting from obligations
which were not approved before the effective date of termination. Provider shall
be solely responsible for immediately returning any unused or unapproved Funds
as of the date of termination, and shall also be solely responsible for submitting a
final report, as provided in Section 5 hereof, (detailing all Project objectives,
activities and expenditures up to the effective date of the termination). Said final
report shall be due within five (5) working days following the effective date of
termination. Upon timely receipt of Provider's final report, the City, at its sole
discretion, shall determine the amount (if any) of any additional portion of the
Funds to be returned to the City as a result of any unapproved or unused Funds,
or incomplete Project items, and shall provide Provider with written notice of any
monies due. Said additional monies shall be due and payable immediately upon
receipt of such notice by Provider. Notwithstanding the preceding, the City
reserves any and all legal rights and remedies it may have with regard to
recapture of all or any portion of the Funds, or any assets acquired or improved in
whole or in part with said Funds.
12.2Termination for Cause: Notwithstanding Subsection 12.1 above, the City may
also terminate this Agreement for cause. "Cause" shall include, but not be limited
to, the following:
a. Failure to .comply and/or perform., in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by
the City's monitoring and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been placed in
default. Such notification shall include: (i) actions taken by or to be taken by the
City, such as withholding of payments; (ii) actions to be taken by the Provider as
a condition precedent to curing the default; and (iii) a reasonable cure period,
which shall be no less than thirty (30) days from notification date. In the event
the Provider fails to cure such default within the aforestated cure period, this
Agreement shall be considered terminated for cause, without requiring further
notice to Provider, and Provider shall be solely responsible for repayment to the
City of all or any portion of the Funds disbursed to Provider, as deemed required
by the City, in its sole and reasonable discretion. Said monies shall be
immediately due and payable by Provider. Notwithstanding the preceding, the
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City reserves any and all legal rights and remedies it may have with regard to
recapture of all or any portion of the Funds, or any assets acquired or improved
in whole or in part with said Funds.
12.3Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HUD, this Agreement will terminate, effective
as of the time that it is determined by the City Manager that such Funds are no
longer available. Costs of the Provider incurred after termination are not
allowable unless expressly authorized in writing by the City Manager (whether in
the notice of termination or subsequent thereto), and, in that case, may only be
allowable if, in the sole discretion of the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination, were not in anticipation of it, and are
noncancelable; and
b. The costs would be allowable if the Agreement expired normally at the end
of its Term.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment
opportunities as stated in Executive Order 11246, entitled "Equal Employment
Opportunity" as amended Executive Order 11375, and as supplemented in Department
of Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under applicable
Federal regulations) gained from any activity of the Provider funded by CDBG funds
shall be reported to the City and utilized by the Provider in the operation of the Project.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City Manager, and only in accordance with requirements set in 24
CFR §570.2000). The Provider shall comply with First Amendment Church/State
principles, as follows:
a. It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment to
persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis
of religion and will not limit such services or give preference to persons on the
basis of religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression
of its religious beliefs, provided that it does not use direct CDBG funds to support
any inherently religious activities, such as worship, religious instruction, or
proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, CDBG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in accordance
with the cost accounting requirements applicable to CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation
uses as its principal place of worship; however, are ineligible for CDBG-funded
improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon
expiration of the Agreement, and in addition to any and all other remedies available to
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the City (whether under this Agreement, or at law or in equity), the Provider shall
immediately transfer to the City any Funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds. The
City's receipt of any Funds on hand at the time of termination, shall not waive the City's
right (nor excuse Provider's obligation) to recoup all or any portion of the Funds, as the
City may deem necessary.
Any real property under the Provider's control that was acquired or improved in whole or
in part with Funds (including CDBG funds provided to the Provider in the form of a loan)
in excess of$25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208(formerly section
570.901) until five years after expiration of the term of this Agreement, or for such
longer period of time as determined to be appropriate by the City and as
memorialized by the City and Provider in an amendment to this Agreement or such
instrument as the City, at its discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shall pay to
the City an amount equal to the current market value of the property less any
portion of the value attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth
by HUD for the administration and implementation of the CDBG Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and
applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the
Provider agrees that duly authorized representatives of HUD shall have access to any
books, documents, papers and records of the Provider that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and transcriptions.
The Provider shall comply with the requirements and standards of OMB Circular No. A-
122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost
Principles for Educational Institutions" as applicable. The Provider shall comply with
the following provisions of the Uniform Administrative requirements of OMB Circular A-
110 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants
and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations")or the related CDBG.provision, as specified in this section:
a. Subpart A-"General";
b. Subpart B - "Pre-Award Requirements", except for 84.12, "Forms for Applying for
Federal Assistance";
C. Subpart C-"Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements"- Grantees shall follow the standards
of 85.20(b)(7)and 85.21 in making payments to sub-recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income"- In lieu of 84.24, CDBG sub-recipients shall
follow 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of 84.32, CDBG sub-recipients shall
follow 570.505;
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(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of
84.34(8), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be program
income (pro-rated to reflect the extent to which CDBG funds were used
to acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained
after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting
Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records". Section
84.53(b)applies with the following exceptions:
a. The retention period referenced in 84.53(b) pertaining to individual
CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the annual
performance and evaluation report, as prescribed in 24 CFR 91.520, in
which the specific activity is reported on for the final time rather than from
the date of submission of the final expenditure report for the award;
(10)Section 84.61, "Termination" - In lieu of the provisions of 84.61, CDBG
subrecipients shall comply with 570.503(b)(7); and
d. Subpart D - "After-the-Award Requirements" - except for 84.71, "Closeout
Procedures".
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press
releases, advertisements, descriptions of the sponsorship of the Project, research
reports, and similar public notices prepared and released by the Provider for, on behalf
of, and/or about the Project, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF
REAL ESTATE HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance
with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of
this Agreement, the CDBG Program, and all other applicable laws and regulations. This
documentation shall include, but not be limited to, the following:
a. Books, records and-documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
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Agreement, including matching funds and Program Income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs, direct
and indirect labor, materials, equipment, supplies and services, and other costs
and expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement.
b. Time sheets for split-funded employees, which work on more than one activity, in
order to record the CDBG activity delivery cost by Project and the non-CDBG
related charges.
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining.and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured location
for a period of four (4) years after expiration of this Agreement, with the following
exception: if any litigation, claim or audit is started before the expiration date of the four
(4) year period, the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. The City shall be informed in writing after closeout
of this Agreement, of the address where the records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often as the
City(and/or its representatives) may deem necessary, the Provider shall make available
all records, documentation, and any other data relating to all matters covered by the
Agreement,for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days after the
end of the Provider's fiscal year. The Provider shall comply with the requirements and
standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State
and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City, and its officers, employees, contractors and agents,from any and all
claims, liability, losses and causes of action which may arise out of any act, error,
omission, negligence or misconduct on the part of the Provider, or any of its officers,
employees, contractors, agents, patrons, guests, clients, licensees, invitees, or any
persons acting under the direction, control, or supervision of Provider pursuant to this
Agreement and/or the Project. The Provider shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all suits in the name of the
City, and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this
Agreement.
The Provider shall not commence any work and/or services pursuant to this Agreement
until all insurance required under this Section has been obtained and the City's Risk
Manager has approved such insurance. In the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the commencement
date of the Term, this Agreement shall automatically terminate and become null and
void, and the City shall have no obligation under the terms and conditions hereof.
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The Provider shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Project contemplated herein, whichever is longer,
the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the
amount of $1,000,000 single limit, subject to adjustment for inflation. The policy
must include coverage for contractual liability to cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statutes.
c. Automobile and vehicle coverage shall be required when the use of automobiles
and other vehicles are involved in any way in the performance of the Agreement.
Limits for such coverage shall be in the amount of$500,000, subject to adjustment
for inflation.
The City of Miami Beach shall be named as an additional insured under all such
insurance contracts. Thirty- (30) day written notice of cancellation or substantial
modification of the insurance coverage must be given to the City's Risk Manager by the
Provider and its insurance company. The insurance must be furnished by insurance
companies authorized to do business in the State of Florida, and approved by the City's
Risk Manager. The companies must be rated no less than "B+" as to management, and
not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the
approval of the City's Risk Manager. Original Certificates of Insurance for the above
coverage must be submitted to the City's Risk Manager for approval prior to any work
commencing. These certificates will be kept on file in the Office of the Risk Manager,
Third Floor City Hall.
The City shall have the right to obtain from the Provider specimen copies of the
insurance policies, in the event that submitted Certificates of Insurance are inadequate
to ascertain compliance with required coverage. Compliance with the foregoing
requirements shall not relieve the Provider of its obligation to indemnify and hold the City
harmless, as required in this section.
Section 22. Conflict of Interest: The Provider covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with community
development funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Provider covenants that in the performance of this Agreement, no
person having such conflicting interest shall be employed. The Provider covenants that
it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the, State,
County and City of Miami Beach statutes, regulations, ordinances or resolutions
governing conflicts of interest. The Provider shall disclose, in writing, to the City any
possible conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such possible
conflict. The City will then render an opinion, which shall be binding on both parties.
Section 23. Venue: This Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement
shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS
AGREEMENT, CITY AND PROVIDER 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.
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Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Maria L. Ruiz, Interim Director
Office of Housing and Community Development
City of Miami Beach
1700 Convention Center Drive, Miami Beach, FL 33139
Provider: Miguell Del Campillo, Executive Director
Housing Authority of the City of Miami Beach
200 Alton Road
Miami Beach, FL 33139
Section 25. Limitation-of Liability: The City desires to enter into this Agreement only if in so doing
the City can place a limit on City's liability for any cause of action for money damages
due to an alleged breach by the City of this Agreement, so that its liability for any such
breach never exceeds the sum of$10,000. Provider hereby expresses its willingness to
enter into this Agreement with Provider's recovery from the City for any damage action
for breach of contract to be limited to a maximum amount of$10,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $10,000, for any action or claim for breach of
contract arising out of the performance or nonperformance of any obligations imposed
upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere
in this Agreement is in any way intended to be a waiver of the limitation placed upon
City's liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
duly authorized officials on the day and date first above indicated.
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
orida not=for-profit corporation
A
Secretary President Signatur
mfqae' ll N Miquell Del Campillo, Executive Director
Print"Namj Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
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City CI rk �aor;
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F:IRHCDI$ALLIHSG-CDICDBGICDBG 2013 2014 Capital Improvements\HACMBIHACM6 FY 1314.docx
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EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
Units of Service
Service
Provision to install Energy Efficient Lighting 1
at Rebecca Towers NORTH
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, 58.34, 58.35 and 570.604).
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
sources require the submission of monthly proformas to the City.
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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:
I Unit service
of • s
Installation of Energy 1 200 Alton Road October 1, 2013—
Efficient Lighting at September 20,
Rebecca Towers, 2014.
NORTH.
Service Benchmarks
Service -Benc,h,mark(s)
Installation of Energy Efficient Lighting at Final building inspection and Certificate of
Rebecca Towers, NORTH. Completion
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Service Documentation
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
Service Documentation Submission Deadline
Installation of Energy TIT 73 rm Monthly
Efficient Lighting at Rebecca Building Permit
Towers, NORTH. Invoices from Subcontractors
w/cancelled checks
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 Jo 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 seg.):
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.
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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 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-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 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-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 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
tee ,
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)
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits
discrimination in federally assisted programs on the basis of handicap. Section
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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,
every contract for construction (in the case of residential construction, projects with
eight or more units) triggers the requirements.
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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. seq.):
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 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 funds, the procurement
requirements at 24 CFR Part 84 apply.
Conflict of Interest: The CDBG 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:
Require that no employee, officer, agent of the City or the Provider shall
participate in the selection, award or administration of a contract
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supported by CDBG 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 regulations at 24 CFR 570.611 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 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 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 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.
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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 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
rule, all contractors performing renovation, repair and painting projects that disturb
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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
lea_ d regulations _hud.gov.
V. Displacement, Relocation, Acquisition and Replacement of Housing
CDBG projects involving acquisition, rehabilitation or demolition may be subject to
the provisions of the Uniform Relocation Act (UDA). Demolition or conversion of
units with CDBG funds may trigger section 104 (d) (also known as the "Barney Frank
Amendment" requirements.)
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VI. Compliance with National Objective
The Provider will ensure and maintain evidence that activities assisted with CDBG
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 05/14/2010) (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
$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
e
.1' , $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 $691050
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.
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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, if applicable
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,
• Fulfillment of prescribed outcomes
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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
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Ratings will be given for each performance measure based on the following:
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.
The following chart depicts the submission dates for the term of this Agreement:
month Date or •
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
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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 b November 1St of each year of affordability.
v y y
Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory.
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.
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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
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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)
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HOUSING AUTHORITY OF THE
CITY OF MIAMI BEACH
Miami Beach, Florida
FINANCIAL STATEMENTS
June 30, 2012
TABLE OF CONTENTS
PAGE
INDEPENDENT AUDITOR'S REPORT.................................................................................................1
REQUIRED SUPPLEMENTAL INFORMATION
Management's Discussion and Analysis (MD&A)...........................................................................3
FINANCIALSTATEMENTS.....................................................................................................................8
Statementof Net Assets......................................................................................................................9
Statement of Revenues, Expenses and Changes in Net Assets...............................................10
Statementof Cash Flows.................................................................................................................11
Notesto Financial Statements.........................................................................................................12
REQUIRED SUPPLEMENTAL INFORMATION.................................................................................28
Schedule of Funding Progress for Retiree Health Plan ........................................................29
SUPPLEMENTAL INFORMATION.......................................................................................................30
FinancialData Schedule.............................................................................................................. 31
Statement and Certificate of Program Costs—Capital Fund Program .................................35
SINGLEAUDIT REPORT.......................................................................................................................36
Independent Auditor's Report on Internal Control over Financial Reporting
and on Compliance and Other.Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards........................37
Independent Auditor's Report on Compliance with Requirements That Could
Have a Direct and Material Effect on Each Major Program and on
Internal Control Over Compliance in Accordance with OMB Circular A-133..........................39
Schedule of Expenditures of Federal Awards.......................................................................................41
Notes to Schedule of Expenditures of Federal Awards......................................................................42
Schedule of Findings and Questioned Costs........................................................................................43
Schedule of Prior Year Findings and Questioned Costs....................................................................45
Clifton LarsonAllen LLP
www.cliftonlarsonallen.com
Clifton LarsonAllen
Independent Auditor's Report
Board of Commissioners
Housing Authority of the City of Miami Beach
Miami Beach, Florida
We have audited the accompanying statement of net assets of the Housing Authority of the City
of Miami Beach (the Authority) as of June 30, 2012, and the related statements of revenues,
expenses and changes in net assets, and cash flows for the year then ended. These financial
statements are the responsibility of the Authority's management. Our responsibility is to
express an opinion on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards issued by the Comptroller General of the United States. Those standards
require that we plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe
that our audit provides a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects,
the financial position of the Authority as of June 30, 2012, and the changes in its financial
position and its cash flows for the year then ended, in conformity with accounting principles
generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated
March 20, 2013, on our consideration of the Authority's internal control over financial reporting
and on our tests of its compliance with certain provisions of laws, regulations, contracts and
grant agreements and other matters. The purpose of that report is to describe the scope of our
testing of internal control over financial reporting and compliance and the results of that testing,
and not to provide an opinion on the internal control over financial reporting or on compliance.
That report is an integral part of an audit performed in accordance with Government Auditing
Standards and should be considered in assessing the results of our audit.
Accounting principles generally accepted in the United States of America require that the
management's discussion and analysis on pages 3 through 7 and Schedule of Funding
Progress for Retiree Health Plan on page 29 be presented to supplement the basic financial
statements. Such information, although not a part of the basic financial statements, is required
by the Governmental Accounting Standards Board, who considers it to be an essential part of
financial reporting for placing the basic financial statements in an appropriate operational,
economic, or historical context. We have applied certain limited procedures to the required
0= M irdeper,d r t ne.bei of hbda Irdematiorel 1
INTERNATIONAL
supplementary information in accordance with auditing standards generally accepted in the
United States of America, which consisted principally of inquiries of management about the
methods of preparing the information and comparing the information for consistency with
management's responses to our inquiries, the basic financial statements, and other knowledge
we obtained during our audit of the basic financial statements. However, we did not audit the
information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that
collectively comprise the Authority's basic financial statements. The financial data schedule and
statement and certificate of program costs—capital fund program are presented for purposes of
additional analysis and are not a required part of the basic financial statements. The
accompanying schedule of expenditures of federal awards is presented for purposes of
additional analysis as required by U.S. Office of Management and Budget Circular A-133, Audits
of States, Local Governments, and Non-Profit Organizations, and is not a required part of the
basic financial statements. The financial data schedule, statement and certificate of program
costs — capital fund program and the schedule of expenditures of federal awards are the
responsibility of management and were derived from and relate directly to the underlying
accounting and other records used to prepare the financial statements. The information has
been subjected to the auditing procedures applied in the audit of the basic financial statements
and certain additional procedures, including comparing and reconciling such information directly
to the underlying accounting and other records used to prepare the financial statements or to
the financial statements themselves, and other additional procedures in accordance with
auditing standards generally accepted in the United States of America. In our opinion, the
information is fairly stated, in all material respects, in relation to the basic financial statements
taken as a whole.
LLB
Baltimore, Maryland
March 20, 2013
2
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
MANAGEMENT'S DISCUSSION AND ANALYSIS
Year Ended June 30, 2012
The Housing Authority of the City of Miami Beach (the Authority) management's discussion and
analysis report is designed to (a) assist the reader in focusing on significant financial issues, (b)
provide an overview of the Authority's financial activity, (c) identify changes in the Authority's
financial position (its ability to address the next and subsequent year challenges), and (d)
identify individual program issues or concerns.
This financial report is designed to provide an overview of the Authority's total financial picture
for the fiscal year ending June 30, 2012, for those with an interest. Questions concerning any of
the information provided in this report or requests for additional information should be
addressed to the Executive Director, Housing Authority of the City of Miami Beach, 200 Alton
Road, Miami Beach, FL 33139.
Financial Highlights
• The Authority's net assets increased by $3,246,301 during the fiscal year.
• The Authority's operating revenue increased by$3,595,865 during the fiscal year.
• The Authority's operating expenses increased by$1,444,998 during the fiscal year.
• At the close of the current fiscal year, the Authority's assets exceeded its liabilities by
$26,749,603.
• The Authority, along with Rebecca Towers North, an affordable multifamily project, and
Miami Beach Housing Initiatives, Inc., a blended component unit of the Authority,
administers several state and local grants to benefit the low income and elderly citizens of
the City of Miami Beach.
Overview of the Financial Statements
The financial statements included in this annual report are those of a special-purpose
government engaged in a single business-type activity prepared on an accrual basis. Over time,
significant changes in the Authority's net assets serve as a useful indicator of whether its
financial health is improving or deteriorating. To fully assess the financial health of any authority,
the reader must also consider other non-financial factors such as changes in family
composition, fluctuations in the local economy, Department of Housing and Urban Development
mandated program administrative changes, and the physical condition of capital assets.
The following statements are included:
• Statement of Net Assets - this statement reports the Authority's assets, liabilities and net
assets at the end of the fiscal year. You can think of the Authority's net assets as the
difference between what the Authority owns (assets) and what the Authority owes
(liabilities).
• Statement of Revenues, Expenses, and Changes in Net Assets - this statement
presents information showing how the Authority's net assets increased or decreased during
the current fiscal year. All changes in net assets are reported as soon as the underlying
event giving rise to the change occurs, regardless of when the cash is received 'or paid.
Thus, revenues and expenses are reported in this statement for some items that will result in
cash inflows and cash outflows in future periods.
3
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
MANAGEMENT'S DISCUSSION AND ANALYSIS
Year Ended June 30, 2012
• Statement of Cash Flows - this statement presents information showing the total cash
receipts and cash disbursements of the Authority during the current fiscal year. The
statement reflects the net changes in cash resulting from operations plus any other cash
requirements during the current year (i.e. capital additions, debt service, prior period
obligations, etc.). In addition, the statement reflects the receipt of cash that was obligated to
the Authority in prior periods and subsequently received during the current fiscal year (i.e.
accounts receivable).
• Notes to the Basic Financial Statements - notes to the basic financial statements provide
additional information that is essential to a full understanding of the data provided. These
notes provide greater understanding on the overall activity of the.Authority and how values
are assigned to certain assets and liabilities and the longevity of these values. In addition,
the notes reflect the impact(if any)of any uncertainties the Authority may face.
In addition to the basic financial statements listed above, our report includes supplemental
information. This information provides additional detail on the Authority's various programs and
the required information mandated by regulatory bodies that fund the Authority's various
programs.
Financial Analysis
2012 2011 Total Change
Current assets $ 16,738,890 $ 13,192,393 $ 3,546,497 26.9%
Capital assets 16,383,629 13,217,103 3,166,526 24.0%
Total assets 33,122,519 26,409,496 6,713,023 25.4%
Current liabilities 1,176,673 1,282,569 (105,896) -8.3%
Noncurrent liabilities 5,196,243 1,623,625 3,572,618 220.0%
Total liabilities 6,372,916 2,906,194 3,466,722 119.3%
Invested in capital assets 11,720,380 12,040,993 (320,613) -2.7%
Restricted net assets 3,159,580 2,999,830 159,750 5.3%
Unrestricted net assets 11,869,643 8,462,479 3,407,164 40.3%
Total net assets 26,749,603 23,503,302 3,246,301 13.8%
Total liabilities and net assets $ 33,122,519 $ 26,409,496 $ 6,713,023 25.4%
Current Assets increased by $3,546,497 as a result of an increase in accounts receivable
relating to development activities during the fiscal year.
Capital Assets had an increase of$3,166,526. As seen on page 6, this increase is a result of
capital improvements undertaken by the Authority, offset by the current depreciation expense.
Current Liabilities decreased by $105,896 as a result of a decrease in current accounts
payable, as well as a decrease in deferred revenue accrued during the fiscal year.
4
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
MANAGEMENT'S DISCUSSION AND ANALYSIS
Year Ended June 30, 2012
Noncurrent Liabilities increased by $3,572,618 primarily as a result of the addition of long-
term notes payable relating to the development initiatives.
Net Assets - The difference between an organization's assets and its liabilities is its net assets
are categorized as one of three types.
• Invested in capital assets, net of related debt - capital assets, net of accumulated
depreciation and related debt is due to the capital asset and long-term debt activity.
• Restricted - the Authority's net assets whose use is subject to constraints imposed by
law or agreement consisting primarily of HAP and debt service reserves. The increase of
$159,750 in restricted net assets is primarily attributable to an increase in net restricted
assets used to pay for housing assistance payments.
• Unrestricted - the Authority's net assets that are neither invested in capital assets nor
restricted which increase principally due to operations. These resources are available to
meet the Authority's ongoing obligations to its residents and creditors.
2012 2011 Total Change
Operating revenue:
HUD revenue $ 33,487,510 $ 30,352,966 $ 3,134,544 10.3%
Tenant revenue 906,959 839,123 67,836 8.1%
Other government revenue 1,241,943 848,358 393,585 46.4%
Total operating revenue 35,636,412 32,040,447 3,595,965 11.2%
Operating expenses:
Administration 2,869,441 2,899,536 (30,095) -1.0%
Tenant services 161,763 146,539 15,224 10.4%
Utilities 367,113 348,915 18,198 5.2%
Maintenance 1,318,730 1,440,320 (121,590) -8.4%
Protective services 283,257 190,448 92,809 48.7%
General expense 408,435 552,816 (144,381) -26.1%
Housing assistance payments 28,494,323 26,978,304 1,516,019 5.6%
Depreciation 648,488 549,684 98,804 18.0%
Total operating expenses 34,551,550 33,106,562 1,444,988 4_4%
Operating income(loss) 1,084,862 (1,066,115) 2,150,977 201.8%
Non-operating revenue:
Gain on sale of easement 1,634,240 - 1,634,240 100.0%
Gain on sale of land 100,000 - 100,000 100.0%
Interest income 136,702 92,935 43,767 47.1%
Total non-operating revenues 1,870,942 92,935 1,778,007 1913.2%
Income(loss)before capital contributions 2,955,804 (973,180) 3,928,984 403.7%
Capital contributions 290,497 482,581 (192,084) -39.8%
Change in net assets 3,246,301 (490,599) 3,736,900 761.7%
Total net assets, beginning of year 23,503,302 23,993,901 (490,599) -2_0%
Total net assets,end of year $ 26,749,603 $ 23,503,302 $ 3,246,301 13.8%
5
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
MANAGEMENT'S DISCUSSION AND ANALYSIS
Year Ended June 30, 2012
Total Operating Revenue increased by $3,595,965 for the 2012 fiscal year. This increase is
primarily due to an increase of HUD funds received for the Housing Choice Voucher programs,
as well as, an increase in other government grants.
Operating Expenses are categorized by the Authority as administrative, tenant services,
utilities, maintenance, protective services, general, depreciation and housing assistance
payments.
Administrative Expenses decreased by $30,095 for the 2012 fiscal year. The decrease is
attributable to a decrease in advertising and marketing expenses relating to development
activities. Employee benefit contributions also decreased during the fiscal year.
Maintenance Expenses decreased by $121,590 for the 2012 fiscal year. The decrease is
related to a decrease in contract labor costs for buildings owned by the Authority, in conjunction
with the capital improvement projects.
General Expenses decreased by $144,381 for the 2012 fiscal year. This decrease is
attributable primarily to a decrease of insurance payments related to the development projects.
Housing Assistance Payments (HAP) increased by $1,516,019 for the 2012 fiscal year. This
increase is primarily attributable to the increase in HAP made to landlords to participants in the
Housing Choice Voucher Program and Veterans Affairs Supportive Housing (VASH) Program.
Non-operating Revenues increased by $1,778,007 due to an increase in investment income
earned in the current fiscal year and other revenues relating to the sale of easement rights
during the fiscal year.
CAPITAL ASSETS
The Authority's capital assets as of June 30, 2012, amounted to $16,383,629 (net of
accumulated depreciation). The investment in capital assets includes land, buildings and
improvements, furniture and equipment, construction in progress, and accumulated
depreciation. The total increase in the Authority's capital assets for the current fiscal year was
$3,166,526 as a result of building improvements.
2012 2011 Total Change
Land $ 4,522,834 $ 4,522,834 $ -
Buildings 13,770,639 12,741,379 1,029,260
Equipment-administrative 1,326,501 888,394 438,107
Construction in progress 5,617,419 3,269,772 2,347,647
Accumulated depreciation (8,853,764) (8,205,276) (648,488)
Total $ 16,383,629 $ 13,217,103 $ 3,166,526
6
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
MANAGEMENT'S DISCUSSION AND ANALYSIS
Year Ended June 30, 2012
ECONOMIC FACTORS
Several factors may affect the financial position of the Authority in the subsequent fiscal year.
These factors include:
• Federal funding provided by Congress to the Department of Housing and Urban
Development and new rules and regulations, which could be unfunded,
• Local labor supply and demand, which can affect salary and wage rates,
• Local inflationary, recessionary and employment trends, which can affect resident incomes
and therefore tenant rental income,
• Natural disasters which can have a devastating impact on the local economy,
• Inflationary pressure on utility rates, supplies and other costs,
• The unemployment rate for Florida as of December 2012 is 8.0%, which can have an effect
on rent and HAP.
7
FINANCIAL STATEMENTS
8
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
STATEMENT OF NET ASSETS
June 30, 2012
ASSETS
CURRENT ASSETS
Cash and cash equivalents-unrestricted $ 3,748,955
Cash and cash equivalents-restricted 4,253,286
Prepaid expenses 113,828
Inventories,net 61,949
Accounts receivable,net 4,524,585
Investments-unrestricted 4,036,287
Total current assets 16,738,890
CAPITAL ASSETS
Capital assets, net of accumulated depreciation 16,383,629
TOTAL ASSETS $ 33,122,519
LIABILITIES AND NET ASSETS
CURRENT LIABILITIES
Accounts payable and accrued expenses $ 1,006,590
Tenant security deposits 104,450
Accrued compensated absences,current portion 65,297
Deferred revenues 336
Total current liabilities 1,176,673
NONCURRENT LIABILITIES
Accrued compensated absences, less current portion 147,700
Long-term debt 4,663,249
Noncurrent liabilities-other 77,003
OPEB liability 308,291
Total noncurrent liabilities 5,196,243
Total liabilities 6,372,916
NET ASSETS
Invested in capital assets, net of related debt 11,720,380
Restricted 3,159,580
Unrestricted 11,869,643
Total net assets 26,749,603
TOTAL LIABILITIES AND NET ASSETS $ 33,122,519
The accompanying notes are an integral part of the financial statements.
9
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET ASSETS
Year Ended June 30, 2012
OPERATING REVENUES
Rent $ 906,959
HUD subsidies 33,487,510
Other revenues 1,241,943
Total operating revenues 35,636,412
OPERATING EXPENSES
Administration 2,869,441
Tenant services 161,763
Utilities 367,113
Maintenance 1,318,730
Protective services 283,257
General expenses 408,435
Housing assistance payments 28,494,323
Total operating expenses 33,903,062
Operating income before depreciation 1,733,350
Depreciation 648,488
Total operating income 1,084,862
NON-OPERATING REVENUES
Gain on sale of easement 1,634,240
Gain on sale of land 100,000
Investment income 136,702
Total non-operating revenues 1,870,942
Operating income before capital contributions 2,955,804
Capital contributions 290,497
CHANGE IN NET ASSETS 3,246,301
TOTAL NET ASSETS, BEGINNING OF YEAR 23,503,302
TOTAL NET ASSETS, END OF YEAR $ 26,749,603
The accompanying notes are an integral part of the financial statements.
10
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
STATEMENT OF CASH FLOWS
Year Ended June 30, 2012
CASH FLOWS FROM OPERATING ACTIVITIES
Cash received from HUD $ 33,487,510
Cash received from tenants and others 2,137,857
Cash paid for County and State loans (2,833,819)
Cash paid for administrative and general (3,293,882)
Cash paid for housing operating and tenant services (2,133,516)
Cash paid for housing assistance payments (28,494,323)
Net cash used in operating activities (1,130,173)
CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES
Acquisition of fixed assets (3,815,014)
Proceeds from sale of easement 1,634,240
Proceeds from sale of land 100,000
Capital contributions 290,497
Proceeds from long-term debt 3,487,139
Net cash provided by capital and related financing activities 1,696,862
CASH FLOWS FROM INVESTING ACTIVITIES
Increase in investments, net 2,314,281
INCREASE IN CASH AND CASH EQUIVALENTS 2,880,970
CASH AND CASH EQUIVALENTS, BEGINNING OF YEAR 5,121,271
CASH AND CASH EQUIVALENTS, END OF YEAR $ 8,002,241
CASH FLOWS FROM OPERATING ACTIVITIES
Operating income $ 1,084,862
Adjustments to reconcile cash and cash equivalents
used in operating activities:
Depreciation 648,488
Provision for bad debt 5,597
Effects of changes in operating assets and liabilities:
Prepaid expenses (6,634)
Inventories (2,653)
Accounts receivable (2,839,416)
Accounts payable and accrued expenses (90,042)
Tenant security deposits 4,859
Accrued compensated absences (16,738)
Deferred revenues (15,904)
Noncurrent liabilities-other 23,192
OPEB liability 74,216
NET CASH USED IN OPERATING ACTIVITIES §__A1,130,173)
The accompanying notes are an integral part of the financial statements.
11
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The Housing Authority of the City of Miami Beach (the Authority) is a governmental, public
corporation created in 1949 under Chapter 421 of the Florida Statutes. The Authority develops,
maintains and manages low-rent housing and administers Housing Assistance Payments
Programs (Section 8) for low-income citizens including handicapped and elderly residents of
Miami Beach. These activities are subsidized by the U.S. Department of Housing and Urban
Development (HUD) and other grantors. In addition, the Authority performs a variety of related
functions, including social services for public housing residents, and emergency housing
repairs. These functions are funded through grants and contracts.
A Commission of five members appointed to four-year terms by the Mayor of the City of Miami
Beach establishes the Authority's operating policies, which are implemented under the direction
of an Executive Director hired by the Commission.
Use of Estimates in Preparing Financial Statements
The preparation of financial statements in conformity with accounting principles generally
accepted in the United States of America requires management to make estimates and
assumptions that affect the reported amounts of assets, liabilities, revenues and expenses in
'the financial statements and in the disclosures of contingent assets and liabilities. Actual results
could differ from those estimates.
Reporting Entity
The accompanying basic financial statements include the accounts of all Authority operations.
The Authority is the lowest level of government over which the Authority's Commission and
Executive Director exercise oversight responsibility. These statements do not include any City
agencies and the Authority is not a component unit of the City under the definition of GASB 39.
Blended Component Units
The Authority's operations include two blended component units, which are included in the basic
financial statements and consist of legally separate entities for which the Authority is financially
accountable and that have the same governing board as the Authority.
Miami Beach Housing, Inc., is a related non-profit Florida Corporation which was created as an
instrumentality of the Authority for the purpose of issuing First Mortgage Elderly Housing
Revenue Bonds Series 1978 to finance a 200-unit low-income housing project for the elderly.
During 1995, the Authority issued Refunding Bonds and title of the project was transferred from
Miami Beach Housing, Inc. to the Authority. As a result, Miami Beach Housing, Inc. has no net
assets or activities.
Miami Beach Housing Initiatives, Inc. (MBHI) is a charitable organization under Section
501(c)(3) of the Internal Revenue Code, and is characterized as an emerging organization.
MBHI was created for the purpose of raising money to expand services to the community and
also to undertake development of.affordable housing. In April of 2008, the Authority's Board
approved a payment of$50,000 to MBHI. As of June 30, 2012, MBHI has not raised any money
for predetermined activities.
12
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Description of Funds
The Authority's accounts are maintained in accordance with the principles of enterprise fund
accounting to ensure the observance of limitations and restrictions on the resources available.
Enterprise funds may elect to apply either Governmental Accounting Standards Board (GASB)
or Financial Accounting Standards Board (FASB) pronouncements issued after November 30,
1989, if such standards are not in conflict. The Authority has elected not to apply FASB
pronouncements issued after November 30, 1989.
A Fund is an independent fiscal and accounting entity with a self-balancing set of accounts
comprised of its assets, liabilities, net assets, revenues, and expenses. The funds maintained
by the Authority allow compliance and financial accountability by separate functions and
activities.
When restricted resources meet the criteria to be available for use and unrestricted resources
are also available for use, it is the Authority's policy to use restricted resources first, and then
unrestricted resources, as needed.
Measurement Focus and Basis of Accounting
The basis of accounting for the funds used by the Authority is determined by measurement
focus. The flow of economic resources measurement focus and the accrual basis of accounting
are used to account for the Authority's funds. Under this method, revenues are recorded when
earned and expenses are recorded at the time liabilities are incurred. All assets and liabilities
associated with the operation of these funds are included on the Statement of Net Assets.
The Authority maintains its accounts in accordance with the chart of accounts prescribed by
HUD.
Summary of HUD Programs
The accompanying basic financial statements include the activities of several housing programs
subsidized by HUD at the Authority. A summary of each significant program is provided below.
Low Rent Public Housing - The Authority owns, operates and maintains a 200-unit Public
Housing property in the City of Miami Beach, Rebecca Towers South. Under the Low Rent
Housing Assistance Program, low-income tenants pay reduced monthly rents, which are
determined by their need for assistance (calculated as a percentage of family income, adjusted
for family composition and other allowances). Funding of the program operations and
development is provided by tenant rentals, federal annual contributions, operating subsidies,
and various other HUD related grants including the American Recovery and Reinvestment Act
and Community Development Block Grant passed through from the City.
13
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Summary of HUD Programs (continued)
Housing Choice Voucher Program (HCVP) - Section 8 of the Housing and Community
Development Act of 1974 provides Housing Assistance Payments on behalf of lower-income
families to participating housing owners. Under this program, the landlord-tenant relationship is
between a housing owner and a family, rather than the Authority and a family as in the Public
Housing program. HUD contracts with the Authority to enter into contracts with owners to either
make assistance payments or to pay the difference between the approved contract rent and the
actual rent paid by the lower-income families. Housing Assistance Payments made to landlords
and some participants are funded through federal housing assistance contributions from HUD.
Also included in the HCVP is the Section 8 Homeownership Program. This program allows
participants to use their voucher toward the purchase of their first home.
The Veterans Affairs Supportive Housing (VASH) program combines HUD HCV rental
assistance for homeless veterans with case management and clinical services provided by the
Veterans Affairs at its medical centers and in the community.
Section 8 Housing Assistance - Moderate Rehabilitation - This program assists low-income
families in affording decent, safe and sanitary housing by encouraging property owners to
rehabilitate existing substandard housing, and then to lease the units with rental subsidies to
low-income families.
Section 8 Housing Assistance - New Construction and Substantial Rehabilitation -This program
assists low-income families in affording decent, safe and sanitary housing by encouraging
property owners to.construct new housing or rehabilitate existing substandard housing, and then
to lease the units with rental subsidies to low-income families.
Capital Fund Programs (CFP) - Funds from the CFP provided by HUD are used to maintain and
improve the Public Housing portfolio. Substantially all additions to land, structures and
equipment for these properties are accomplished through the capital grant funds.
Family Self Sufficiency Program (FSSP) - FSSP is a program for Section 8 participants with
supportive services,.resident empowerment activities, and assistance in becoming economically
self-sufficient.
Business Activities (BSA) - The Authority also participates in other activities that are not
sponsored by HUD. These are classified as business activities.
Budgets
Budgets are prepared on an annual basis for each program and are used as a management tool
throughout the accounting cycle. Budgets are not, however, legally adopted nor required in the
basic financial statement presentation.
14
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Cash and Cash Equivalents
For Statement of Cash Flows reporting purposes, cash and cash equivalents include cash on
hand, demand deposits, equity in highly liquid cash and investments, certificates of deposit, and
repurchase agreements with initial maturities of three months or less.
Investments
Statutes authorize the Authority to invest in obligations of the U.S. Treasury, repurchase
agreements, certificates of deposit and certain other investments allowed by HUD. These
investments are carried at fair value.
Accounts Receivable, Net
Receivables consist of revenues earned during the fiscal year and not yet received. Amounts
due from HUD and other governments represent reimbursable expenses or grant subsidies
earned that have not been collected as of June 30, 2012, and are considered by management
to be fully collectable. Tenant receivables and fraud recovery receivable are reported net of an
allowance for doubtful accounts, which totaled $13,274 and $12,575, respectively, as of June
30, 2012. Management's estimate of the allowance for tenant receivables and fraud recovery
receivables is based on historical collection experience and a review of the current status of
accounts receivable.
Inventory, Net
All inventories are valued at the lower of cost or market on a weighted average cost basis.
Inventories consist of expendable building materials and supplies held for consumption in the
course of the Authority's operations. Based on management's experience with the types of
items in inventory, an allowance for obsolescence of inventory on hand in the amount of$6,883
is recorded as of June 30, 2012.
Capital Assets
Capital assets include property held for and under development, operating properties, and fixed
assets used in operations that cost $1,000 or more and have an estimated useful life of at least
one year. Donated capital assets are recorded at the estimated fair market value on the date
received.
The Authority capitalizes costs associated with properties held for and under development,
including interest costs during the construction period. The carrying amount of such properties
does not exceed the estimated net realizable value.
Capital assets are stated at cost, less accumulated depreciation. Depreciation is computed
under the straight-line method over the following estimated useful lives:
Buildings and improvements 10-30 years
Equipment 5 years
15
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Proceeds from the disposal of capital assets are recognized in the period received. Proceeds
from the sale of property acquired or significantly improved with HUD or State funds are
refunded to HUD or the State as required by contract.
Compensated Absences
It is the Authority's policy to permit full-time permanent employees to accumulate earned but
unused vacation and sick pay benefits based on tenure with the Authority. Employees must use
a minimum of 40 hours of annual leave and may accrue up to a maximum of 480 hours per
year. Generally, after 90-days of service, employees are entitled to 100% of accrued vacation
leave and 50% of sick leave upon termination. In accordance with the provisions of GASB
Statement No. 16, Accounting for Compensated Absences, the estimated liability for vested
leave benefits is recorded when it is earned as an expense and the cumulative unpaid amount
is reported as a liability.
Payments in Lieu of Taxes
As part of an agreement for the exchange of a tract of land, the Authority entered into an
agreement with the City of Miami Beach, Florida, (the City) to waive payments in lieu of taxes
through 2023. Therefore no liability or expense is recognized in the accompanying financial
statements as of and for the year ended June 30, 2012.
Eliminations
Inter-Program Receivables and Payables
Inter-program receivables and payables are all classified as either current assets or current
liabilities, and are the result of the use of the Public Housing Program as the common
paymaster for shared costs of the Authority. Cash settlements are made periodically, and all
inter-program balances are reconciled. These inter-program receivables and payables of
$49,409 have been eliminated for presentation purposes in the basic financial statements as of
June 30, 2012.
(Votes Receivables and Payables
The Authority's total disbursement from non-federal funds through June 2012 is $38,292 to
MBHI. The repayment of the loan is expected within five years and is therefore classified as a
non-current receivable and payable between the Authority and MBHI. The receivable and
payable have been eliminated for presentation purposes in the basic financial statements as of
June 30, 2012.
Rental Revenue and Expenses
Rebecca Towers North (RTN)and Rebecca Towers South (RTS) bill the Authority for the cost of
renting office space located in each building. RTN and RTS record the non-operating rental
revenue based on an agreed amount of 70% of the electrical expense per month. Rental
income for the year ended June 30, 2012, totaled $80,133 and was collected on a month-to-
month basis. The rental income and expense have been eliminated for presentation purposes in
the basic financial statements for the year ended June 30, 2012.
16
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 1 —SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)
Income Taxes
The Authority qualifies as a tax-exempt governmental entity, and, accordingly, no provision for
Federal or State income tax is required. MBHI and Miami Beach Housing, Inc., the blended
component units, are instrumentalities of the Authority and, as such, are not subject to taxes.
Net Assets
Certain assets may be classified as restricted net assets on the Statement of Net Assets
because their use is restricted for specific purposes. It is the Authority's policy to first apply
restricted resources when an expense is incurred for purposes for which both restricted and
unrestricted net assets are available.
Net assets are displayed in three components:
Net Assets, Invested in Capital Assets, Net of Related Debt: This component of net assets
consists of all capital assets reduced by the outstanding balances of any bonds, mortgages,
notes or other borrowings that are attributable to the acquisition, construction, or improvement
of those assets.
Restricted Net Assets: This component of net assets consists of restricted assets when
constraints are placed on the asset by creditors (such as debt covenants), grantors,
contributors, laws, regulations, etc. The Authority's restricted net assets consist of escrows held
for debt service, investments in projects, program income, reserve accounts, and excess
housing assistance payments, as applicable.
Unrestricted Net Assets: This component consists of net assets that do not meet the definition
of"Net Assets Invested in Capital Assets, Net of Related Debt," or"Restricted Net Assets."
NOTE 2— DEPOSITS AND INVESTMENTS
Deposits
As of June 30, 2012, the carrying amount of the Authority's cash and cash equivalents was
$8,002,241 and the bank balance was $8,535,697. As of June 30, 2012, the Authority had
deposits in a local government pooled investment account as follows:
Fair Value Duration Rating
LGIP $ 53,553 30 days AAAm
Fund B 856 10.36 years Not rated
Total $ 53,409
17
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL, STATEMENTS
June 30, 2012
NOTE 2— DEPOSITS AND INVESTMENTS (CONTINUED)
The Authority's deposits and investments are insured by the Federal Deposit Insurance
Corporation up to $250,000. Monies invested greater than the insurance coverage are secured
by qualified public depositories pledging securities with the State Treasurer in such amounts
required by the Florida Security for Public Deposits Act. In the event of a default or insolvency of
a qualified public depositor, the State Treasurer will implement procedures for payment of
losses according to the validated claims of the Authority pursuant to Section 280.08, Florida
Statutes. Financial institutions must meet the criteria of being a Qualified Public Depository as
described in the Florida Security for Public Deposits Act, under Chapter 280, Florida Statutes,
before any investments are made with those institutions.
The local government pooled investment account is administered by the State Board of
Administration and is composed of local government surplus funds deposited therein by units of
local government. The investing of public funds with the State Board of Administration is
governed by Section 218.407, Florida Statutes. The investments with the State Board of
Administration consist largely of federal agency obligations, repurchase agreements, banker's
acceptance and commercial paper.
Fund B participants are prohibited from withdrawing funds from Fund B. As maturities occur in
Fund B, the monies are released and transferred to the LGIP Fund. Since July 1, 2008, $1,665
of the Authority's monies in Fund B have been released, leaving a balance of$856. The SBA's
interpretation of Fund B is that it does not meet the requirements of a SEC 2a7-like fund;
therefore, Fund B uses the fluctuating net asset value (NAV) for valuation. The value of Fund B
at June 30, 2012 is $856, which is recorded as restricted cash and cash equivalents in the
financial statements.
In accordance with GASB 40, the Authority's exposure to risk is disclosed as follows:
Custodial Credit Risk. Custodial credit risk is the risk that in the event of a bank failure, the
Authority's deposits may not be returned. The Authority does have a deposit policy for custodial
credit risk, which requires collateral to be held in the Authority's name by its agent or by the
bank's trust department. As of June 30, 2012, all investments were insured and properly held by
either the counterparty or the counterparty's trust department or agent held in the Authority's
name.
Investments
The Authority's investments are carried at fair value based on quoted market prices in
accordance with GASB Statement No. 31, Accounting and Financial Reporting for Certain
Investments and External Investment Pools.
18
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 2—DEPOSITS AND INVESTMENTS(CONTINUED)
In accordance with GASB 40, the Authority's exposure to risk is disclosed as follows:
Interest Rate Risk
Interest rate risk is the risk that changes in interest rates of debt investments will adversely
affect the fair value of an investment. The Authority manages interest rate risk by attempting to
match investments with expected cash requirements. The Authority's exposure to interest rate
risk as of June 30, 2012, is as follows:
Remaining Maturities in Years
Year End
0-10 Years 11-20 Years 21-30 Years Total Rating
Federal Home Loan Mtge $ 40,170 $ - $ - $ 40,170 AAA
Federal National Mtge Assistance 961,765 - - 961,765 AAA
Federal Home Loan Bank 279,371 - - 279,371 AAA
FHLMC Pool 159,105 - - 159,105 AAA
FNMA 276,109 110,640 - 386,749 Not Rated
GNMA Pool 7,015 34,173 - 41,188 Not Rated
US Treasury Bonds 774,966 - - 774,966 Not Rated
US Treasury Notes 1,392,973 - - 1,392,973 Not Rated
Grand Total $ 3,891,474 $ 144,813 $ - $ 4,036,287
Credit Risk
Credit risk is the risk that an issuer or other counterparty to an investment will not fulfill its
obligations. It is the Authority's policy to follow the HUD regulations by only having direct
investments and investments through mutual funds to direct obligations, guaranteed obligations,
or obligations of the agencies of.the United States.of America. The Authority has no policy that
further limits its investment choices, in terms of credit ratings other than authorized investment
types discussed above.
The investment in the Federal Home Loan Mortgage Corporation and the Federal National
Mortgage Association are rated AAA and the investment in the Government National Mortgage
Association is rated AAAf by nationally recognized statistical rating organizations, Standard and
Poor(S&P) and Fitch and Moody's. As of June 30, 2012, the state investment pool Fund B was
not rated by a nationally recognized rating agency, however, Fund A was rated by S&P as
AAAm.
Concentration of Credit Risk
Concentration of credit risk is the risk of loss attributable to the Authority's investment in a single
issuer. Investments in the Federal National Mortgage Association represented 6% of the
Authority's total investments.
Based on the terms of the agreements, no payments are due currently and the start of
repayments due upon completion of construction cannot be determined as construction is not
complete.
19
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 2—DEPOSITS AND INVESTMENTS (CONTINUED)
Cash and cash equivalents were restricted for the following purposes at June 30, 2012:
Section 8 HAP equity $ 3,159,580
FSS deposits 85,559
Pre-2004 HCVP administrative fees 739,765
State board funds 53,409
OPEB 20,000
Tenant security deposits 104,450
Other reserves 90,523
Total cash and cash equivalents-restricted $ 4,253,286
NOTE 3—ACCOUNTS RECEIVABLE, NET
Receivables:
Accounts receivable- Florida Housing Finance Corp $ 2,046,232
Accounts receivable-HUD 150,571
Accounts receivable-Miami-Dade County 2,043,354
Accounts receivable-tenants dwelling rents, net 1,482
Accounts receivable-miscellaneous 105,068
Accounts receivable-State of Florida 105,151
CDBG 49,409
Fraud recovery, net 23,318
Total accounts receivable, net $ 4,524,585
NOTE 4—CAPITAL ASSETS
A summary of changes in capital assets, net is as follows:
Balance at Transfers In/ Transfers Out/ Balance at
July 1,2011 Additions Deletions June 30,2012
Non-depreciable:
Land $ 4,522,834 $ - $ - $ 4,522,834
Construction in progress 3,269,772 2,954,497 (606,851) 5,617,418
Total non-depreciable 7,792,606 2,954,497 (606,851) 10,140,252
Depreciated:
Buildings and improvements 12,741,379 826,130 203,130 13,770,639
Equipment-administrative 888,394 34,387 403,721 1,326,502
Total depreciated 13,629,773 860,517 606,851 15,097,141
Total capital assets 21,422,379 3,815,014 - 25,237,393
Less accumulated depreciation:
Buildings and improvements (7,118,791) (561,653) - (7,680,444)
Equipment-administrative (1,086,485) (86,835) - (1,173,320)
Total accumulated depreciation (8,205,276) (648,488) - (8,853,764)
Capital assets,net $ 13,217,103 $ 3,166,526 $ - $ 16,383,629
20
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 5— NONCURRENT LIABILITIES
A summary of changes in noncurrent liabilities is as follows:
Payable at Payable at Due within
July 1,2011 Additions Reductions June 30,2012 one year
Long-term debt $ 1,176,110 $ 3,487,139 $ - $ 4,663,249 $ -
Family self-sufficiency escrow 61,920 23,639 - 85,559 8,556
Accrued compensated absences 229,735 - (16,738) 212,997 65,297
Total noncurrent liabilties $ 1,467,765 $ 3,510,778 $ (16,738) $ 4,961,805 $ 73,853
Long Terra Debt
Long-term debt at June 30, 2012, consisted of the following:
The Authority entered into an agreement with Florida Housing Finance Corporation (Florida
Housing) on July 6, 2010 for a loan of up to $2,761,100 at 0.0% per annum for construction and
permanent financing of Steven E. Chaykin Apartments. The loan is secured by a first mortgage
on the property and no payments are due until maturity in July 2032, at which time all unpaid
principal and accrued interest are due and payable. The loan proceeds are disbursed by
Florida Housing pursuant to a loan payment schedule. The amount payable at June 30, 2012
was $2,619,895 and is included in long-term debt on the Statement of Net Assets.
The Authority entered into a construction and permanent loan agreement with Miami-Dade
County on July 2, 2010 under the Miami-Dade County Surtax program for a principal amount of
up to $1,600,000 at 0.5% per annum for construction and permanent financing of Steven E.
Chaykin Apartments. The loan is secured by a second mortgage on the property and is
subordinate to the Florida Housing loan. No payments are required for the construction period
plus the 15 year compliance period. Annual interest-only payments of$8,000 will begin in year
18 through the maturity date of December 31, 2040, subject to available cash flow. Any unpaid
interest and principal are due and payable at maturity. The loan proceeds are disbursed by
Miami-Dade County pursuant to a loan payment schedule. The amount payable at June 30,
2012 was $1,443,354 and is included in long-term debt on the Statement of Net Assets.
The Authority entered into a construction and permanent loan agreement with Miami-Dade
County on September 17, 2009 under the Miami-Dade County Surtax program for a principal
amount of $600,000 at 1.00% per annum for construction and permanent financing of
Henderson Court. The term of this Note is thirty (30) years. After the completion of
rehabilitation construction monthly payments of principal and interest at the rate (1%) interest in
the amount of $1,929.84 will commence until the date of maturity. Any remaining principal
along with any interest shall be due and payable on the date of maturity. The loan proceeds are
disbursed by Miami-Dade County pursuant to a loan payment schedule. The amount payable at
June 30, 2012 was $600,000 and is included in long-term debt on the Statement of Net Assets.
21
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 5— NONCURRENT LIABILITIES (CONTINUED)
Conduit Debt
In 1997, the Authority issued $1,290,000 in Mortgage Revenue Refunding Bonds, Series 1997A
and $445,000 Taxable Mortgage Revenue Refunding Bonds, Series 1997B to provide financing
to fund the Mortgage Loan made to Midtown Plaza Associates, Ltd. (the Project)for the purpose
of acquiring, constructing and equipping of a multi family housing project, and refunding of prior
obligation. Midtown Plaza Associates, Ltd. was .an independent entity located within the
geographic boundaries of the Authority. During 2002, the Project was acquired by a new
independent owner, and renamed the Shep Davis Project. During the acquisition, the
responsibility for repayment of the bonds was transferred to the new owner. As of June 30,
2010, there were two bonds outstanding with an aggregate principal amount payable of
$650,000. The Authority acted solely as a lawful conduit in the issuance of the bonds described
above and is not liable in any manner.
As of September 2012, the bonds have been fully repaid.
Defined Benefit Plan
The Authority participates in the Florida Retirement System (the System), a cost-sharing, multi-
employer public retirement system, which covers all of the Authority's full-time and part-time
employees. The System was created in 1970 by consolidating several employee retirement
systems. All eligible employees, as defined by the state, are covered by the System. Benefits
under the standard pension plan vest after six years of service. Employees may elect to
participate in the FRS Investment Plan instead of the standard Pension Plan. Benefits under the
investment plan vest after one year of service.
Employees who retire at or after age 62 with ten years of credited service are entitled to an
annual retirement benefit, payable monthly for life. The System also provides for death and
disability benefits. These benefit provisions.and.all other requirements are established by State
Statutes.
The State of Florida issued a publicly available financial report that includes general-purpose
financial statements and required supplementary information for the System. That report may be
obtained by writing to the State of Florida Division of Retirement, Department of Management
Services, 2693 North Monroe Street, Building C, Tallahassee, Florida 32299-1560.
Effective July 1, 2011, Florida Legislature's Senate Bill 2100 approved changes to the Florida
Retirement System (FRS). As a result, all FRS Investment Plan and Pension Plan members
(except those in DROP) are now required to make 3% employee contributions on a pretax
basis. This change will require both members and employers to pay the retirement contributions
needed to fund a member's retirement benefits.
The Authority is required to contribute at an actuarially determined rate. The current rate is
4.91% of annual covered payroll for all employees. Article X, Section 14 of the State
Constitution and Part VI I, Chapter 112 of the Florida Statutes provide the Authority to amend the
contribution rates and obligations by the State. The Authority's contributions to the System for
the years ended June 30, 2012, 2011, and 2010 were $142,542, $194,617 and $160,880,
respectively and were 100% of what was expected to be contributed.
22
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 5— NONCURRENT LIABILITIES (CONTINUED)
Post-Employment Benefits Other Than Pensions
Plan Description
The Authority administers a single-employer defined benefit healthcare plan (the Plan) that
provides postretirement medical benefits to retirees. Benefits provided include the payment of
Medicare Supplement B. Benefits are established and may be amended by the Authority Board
of Commissioners, whose powers derive from Florida Statutes §125.01(3)(a). The Plan does not
issue a publicly available financial report.
Eligibility
To be eligible to receive retiree medical benefits, participants must have been employed with
the Authority for at least 10 years and must be at least 65 years of age. Effective July 1, 2011,
employees hired after this date are not eligible for the OPEB benefit.
Contributions
The Plan is a contributory plan in which the Authority and the retired members and beneficiaries
contribute, based on actuarial valuation, certain amounts toward the current cost of healthcare
benefits.
Funding Status and Funding Progress
As of January 1, 2012, the most recent actuarial valuation, the actuarial accrued liability (AAL)
was $871,649 and there were no actuarial plan assets, therefore the unfunded AAL (UAAL)was
$871,649. The annual covered payroll of active employees covered by the Plan was
$1,532,475 and the ratio of the UAAL to covered payroll was.54 percent.
The actuarial valuation of the Plan involves estimates of the value of reported amounts and
assumptions about the probability of events far into the future. The actuarially determined
amounts regarding the funded status of the Plan and the annual required contributions (ARC) of
the Authority and other participating agencies are subject to continual revision as actual results
are compared to past expectations and new estimates are made about the future.
Annual OPEB Cost and Net OPEB Obligation
The ARC, or annual OPEB cost (AOC), for 2012 was based on an actuarial valuation as of
January 1, 2012, the latest valuation report available.
23
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 5— NONCURRENT LIABILITIES (CONTINUED)
The Authority's AOC and the net OPEB obligation (NOPEBO) as of June 30, 2012 were as
follows:
Annual required contributions $ 92,104
Contributions made 17,888
Increase in net OPEB obligation 74,216
Net OPEB obligation-beginning of year 234,075
Net OPEB obligation-end of year $ 308,291
The percentage of AOC contributed was 24.1 percent.
Actuarial Methods and Assumptions
The calculations of projected benefits are based on the terms of the Plan in effect at the time of
valuation and on the pattern of sharing costs between the employer and plan members to that
point. The actuarial calculations reflect a long-term perspective and actuarial methods and
assumptions used include techniques that are designed to reduce short-term volatility in the
actuarial accrued liability and the actuarial value of assets.
Actuarial assumptions used in the actuarial valuation were:
Valuation date January 1,2012
Actuarial method Entry age normal
Amortization method Level percentage of payroll
Amortization period 30 years
Investment rate of return 4.50%
Salary scale 4.00%
Mortality 2000 grow annuity, separate mortality tables for males and females
Health care cost trend rates: Getzen Trend Model: 7.80%graded to 4.90%over 75 years
NOTE 6— LEASING ACTIVITIES
The Authority is the lessor of dwelling units to low-income residents. The rents under the leases
are determined generally by the resident's income as adjusted for eligible deductions regulated
by HUD, although the resident may opt for a flat rent. Leases may be cancelled by the lessee at
any time or renewed every year. The Authority may cancel the leases only for cause. Revenues
associated with these leases are recorded in the accompanying financial statements and related
schedules within tenant revenue. Primarily all of the capital assets of the Authority are for these
leasing activities except for administrative offices and equipment.
24
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 6— LEASING ACTIVITIES (CONTINUED)
The Authority has entered into operating lease agreements for equipment that expires at various
dates. Future minimum rental payments over each of the next several years as of June 30,
2012, are as follows:
2013 $ 17,072
2014 5,240
Total $ 22,312
NOTE 7—RISK( MANAGEMENT
The Authority is exposed to various risks of loss related to torts; theft of, damages to, and
destruction of assets; errors and omissions; injuries to employees; and natural disasters. As part
of the Authority's risk management program, certain commercial insurance policies are
purchased.
There were no significant reductions of insurance coverage from prior years and actual
settlements did not exceed insurance coverage for each of the past three years.
NOTE 8—COMMITMENTS AND CONTINGENCIES
Legal
The Authority is party to various pending or threatened legal actions arising from the normal
course of operations. Although the outcome of these actions is not presently determinable, it is
the Authority's opinion that any resulting liability is not expected to have a material effect on the
Authority's financial position.
Grants and Contracts
As of June 30, 2012 and 2011, the unexpended budgets for uncompleted construction and
major capital improvement projects were approximately $597,432 and $3,292,600, respectively,
of which all has been committed via agreements with construction vendors.
The Authority participates in various federally-assisted grant programs that are subject to review
and audit by the grantor agencies. Entitlement to these resources is generally conditional upon
compliance with the terms and conditions of grant agreements and applicable federal
regulations, including the expenditure of resources for allowable purposes. Any disallowance
resulting from a federal audit may become a liability of the Authority. As of the date of this
report, management is not aware of any such disallowance.
25
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 8—COMMITMENTS AND CONTINGENCIES (CONTINUED)
Section 8 Housing Choice Voucher (HCV) and Veterans Affairs Supportive Housing
(VASH) Programs
As of June 30, 2012, cumulatively the Authority had funding in excess of housing assistance
payments (HAP) in the HCV Program under the implementation of the Consolidated
Appropriations Act 2005, Funding Provisions for the Housing Choice Voucher Program. Due to
decreases in federal funding, HUD increased their HAP payments made to the Authority, forcing
them to use their HAP reserves. As of June 30, 2012, the remaining HAP reserve of$3,159,580
is subject to possible future recapture.
In addition, the Authority is no longer required to complete a settlement statement, HUD Form
52681, for the HCV Program. As a result, in accordance with GASB Statement No. 33 and PIH
Notice 2008-9, the cumulative total amount of program subsidy received for housing payments
over the cumulative actual housing payments made is reflected in restricted net assets in the
basic financial statements as of June 30, 2012, for both the HCV and the VASH Programs.
Funds Awarded
The Authority receives funding from HUD through Capital Fund Programs to help subsidize the
cost of redevelopment or projects, project repairs, improvements, component unit development
and certain operating costs. As of June 30, 2012, the Authority had $548,659 of remaining and
available unspent capital funds.
NOTE 9—COMMITMENTS AND CONCENTRATIONS
The Authority operates in a heavily regulated environment. The operations of the Authority are
subject to the administrative directives, rules and regulations of federal, state and local
regulatory agencies, including, but not limited to, HUD. Such administrative directives, rules and
regulations are subject to change by an act of Congress or an administrative change mandated
by HUD. Such changes may occur with little notice or inadequate funding to pay for the related
costs and the additional administrative burden to comply with the changes.
NOTE 10— FINANCIAL DATA SCHEDULE
As required by HUD, the Authority prepares its financial data schedule in accordance with HUD
requirements in a prescribed format. The schedule's format excludes depreciation expense,
housing assistance payments and extraordinary maintenance expense from operating activities,
and includes investment revenue, HUD capital grants revenue, gains and losses on the disposal
of fixed assets and interest expense in operating activities, and reflects tenant revenue and bad
debt expense separately, which differs from the presentation of the basic financial statements.
26
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO FINANCIAL STATEMENTS
June 30, 2012
NOTE 11 —SUBSEQUENT EVENTS
Legal Settlement
During the year the Authority was involved in a legal case which was settled subsequent to year
end, in favor of the Authority. As part of the settlement, the Authority was dismissed of any
resulting liability, and therefore this settlement does not affect the Authority's financial position.
Sale of property
On September 28, 2012, the Authority sold 260 Jefferson Avenue to Tahbaz, LLC. On January
10, 2013, the Authority sold 334 Jefferson Avenue to 334 Jefferson, LLC.
Purchase of property
On December 21, 2012 the Authority purchased additional vacant land in Miami Beach from
First Citizens Bank&Trust Co &White and Case LLP. The property details are as follows:
165 South Shore Drive, Miami Beach, FL 33141 - vacant land - 7,645 sq. ft.
175 South Shore Drive, Miami Beach, FL 33141 - vacant land - 7,645 sq. ft.
185 South Shore Drive, Miami Beach, FL 33141 - vacant land - 7,280 sq. ft.
This information is an integral part of the accompanying financial statements.
27
REQUIRED SUPPLEMENTAL INFORMATION
28
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
SCHEDULE OF FUNDING PROGRESS FOR THE RETIREE HEALTH PLAN
June 30, 2012
Actuarial Actuarial Estimated UAAL as%
Protection of Value of Accrued Unfunded AAL Funded Covered of Covered
Future Benefit Assets Liability(AAL) (UALL) Ratio Payroll Payroll
Date (a) (b) (b-a) (alb) (c) ([b-a]/c)
6/30/2012 $ - $ 871,649 $ 871,649 0% $ 1,532,475 57%
1/1/2011 - 871,649 871,649 0% 1,610,082 54%
6/30/2010 - 1,053,549 1,053,549 0% 1,549,283 68%
6/30/2009 - 964,406 964,406 0% 1,497,961 64%
29
SUPPLEMENTAL INFORMATION
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HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
STATEMENT AND CERTIFICATE OF PROGRAM COSTS—
CAPITAL FUND PROGRAM
June 30, 2012
2008 Capital Fund Program Grant FL14P017501-08
Funds approved $ 247,606
Funds expended 247,606
Excess of funds approved $ -
Funds advanced $ 247,606
Funds expended 247,606
Excess of funds advanced $ -
1. The distribution of costs as shown on the Actual Modernization Cost Certificates submitted
to HUD for approval are in agreement with the Authority's records.
2. All modernization costs have been paid and all related liabilities have been discharged
through payment.
35
SINGLE AUDIT REPORT
36
Clifton LarsonAllen LLP
www,cliftonlarsonallen.com
Clifton LarsonAllen
Independent Auditor's Report on Internal Control over Financial
Reporting and on Compliance and Other Matters Based on an Audit of Financial
Statements Performed in Accordance with Government Auditing Standards
Board of Commissioners of the
Housing Authority of the City of Miami Beach
Miami Beach, Florida
We have audited the financial statements of the Housing Authority of the City of Miami Beach
(the Authority) as of and for the year ended June 30, 2012, and have issued our report thereon
dated March 20, 2013. We conducted our audit in accordance with auditing standards generally
accepted in the United States of America and the standards applicable to financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United
States.
Internal Control Over Financial Reporting
Management of the Authority is responsible for establishing and maintaining effective internal
control over financial reporting. In planning and performing our audit, we considered the
Authority's internal control over financial reporting as a basis for designing our auditing
procedures for the purpose of expressing our opinion on the financial statements, but not for the
purpose of expressing an opinion on the effectiveness of the Authority's internal control over
financial reporting. Accordingly, we do not express an opinion on the effectiveness of the
Authority's internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to
prevent or detect misstatements on a timely basis. A material weakness is a deficiency, or
combination of deficiencies, in internal control, such that there is a reasonable possibility that a
material misstatement of the entity's financial statements will not be prevented, or detected and
corrected on a timely basis.
Our consideration of internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would not necessarily identify all deficiencies
in internal control over financial reporting that might be deficiencies, significant deficiencies or
material weaknesses. We did not identify any deficiencies in internal control over financial
reporting that we consider to be material weaknesses, as defined above.
ME! ®, an it dependent rnarbei d N�Aa lrtertioiond 37
INTERNATIONAL
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Authority's financial statements
are free of material misstatement, we performed tests of its compliance.with certain provisions
of laws, regulations, contracts, and grant agreements, noncompliance with which could have a
direct and material effect on the determination of financial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and
accordingly, we do not express such an opinion. The results of our tests disclosed no instances
of noncompliance or other matters that are required to be reported under Government Auditing
Standards.
We noted certain matters that we reported to management of the Authority in a separate letter
dated March 20, 2013.
This report is intended solely for the information and use of management, the Board of
Commissioners, others within the Authority, and federal awarding agencies and pass-through
entities and is not intended to be and should not be used by anyone other than these specified
parties.
GG�
Baltimore, Maryland
March 20, 2013
38
Clifton LarsonAllen LLP
www.cliftonlarsonallen.com
Clifton LarsonAllen
Independent Auditor's Report on Compliance with Requirements that Could
Have a Direct and Material Effect on Each Major Program and on Internal
Control Over Compliance in Accordance with OMB Circular A-133
Board of Commissioners of the
Housing Authority of the.City.of Miami Beach
Miami Beach, Florida
Compliance
We have audited the compliance of the Housing Authority of the City of Miami Beach (the
Authority) with the types of compliance requirements described in the OMB Circular A-133,
Compliance Supplement, that could have a direct and material effect on each major federal
program for the period ended June 30, 2012. The Authority's major federal programs are
identified in the summary of auditor's results section of the accompanying schedule of findings
and questioned costs. Compliance with the requirements of laws, regulations, contracts and
grants applicable to each of its major federal programs is the responsibility of the Authority's
management. Our responsibility is to express an opinion on the Authority's compliance based
on our audit.
We conducted our audit of compliance in accordance with auditing standards generally
accepted in the United States of America; the standards applicable to financial audits contained
in Government Auditing Standards, issued by the Comptroller General of the United States; and
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations.
Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain
reasonable assurance about whether noncompliance with the types of compliance requirements
referred to above that could have a direct and material effect on a major federal program
occurred. An audit includes examining, on a test basis, evidence about the Authority's
compliance with those requirements and performing such other procedures, as we considered
necessary in the circumstances. We believe that our audit provides a reasonable basis for our
opinion. Our audit does not provide a legal determination on the Authority's compliance with
those requirements.
In our opinion, the Authority complied, in all material respects, with the compliance requirements
referred to above that could have a direct and material effect on each of its major federal
programs for the year ended June 30, 2012. However, the results of our auditing procedures
disclosed an instance of noncompliance with those requirements, which is required to be
reported in accordance with OMB Circular A-133 and which is described in the accompanying
schedule of findings and questioned costs as item 2012-01.
s a,�r depa,dat�of Nma iMe�i«,d 39
INTERNATIONAL
Internal Control Over Compliance
The management of the Authority is responsible for establishing and maintaining effective
internal control over compliance with the requirements of laws, regulations, contracts, and
grants applicable to federal programs. In planning and performing our audit, we considered the
Authority's internal control over compliance with the requirements that could have a direct and
material effect on a major federal program in order to determine our auditing procedures for the
purpose of expressing our opinion on compliance and to test and report on internal control over
compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an
opinion on the effectiveness of internal control over compliance. Accordingly, we do not
express an opinion on the effectiveness of the Authority's internal control over compliance.
A deficiency in internal control over compliance exists when.the design or operation of a control
over compliance does not allow management or employees, in the normal course of performing
their assigned functions, to prevent, or detect and correct, noncompliance with a type of
compliance requirement of a federal program on a timely basis. A material weakness in internal
control over compliance is a deficiency, or combination of deficiencies, in internal control over
compliance, such that there is a reasonable possibility that material noncompliance with a type
of compliance requirement of a federal program will not be prevented, or detected and
corrected, on a timely basis.
Our consideration of internal control over compliance was for the limited purpose described in
the first paragraph of this section and was not designed to identify all deficiencies in internal
control over compliance that might be deficiencies, significant deficiencies, or material
weaknesses. We did not identify any deficiencies in internal control over compliance that we
consider to be material weaknesses, as defined above. However, we identified a certain
deficiency in internal control over compliance that we consider to be a significant deficiency as
described in the accompanying schedule of findings and questioned costs as item 2012-01. A
significant deficiency in internal control over compliance is a deficiency, or a combination of
deficiencies, in internal control over compliance with a type of compliance requirement of a
federal program that is less severe than a material weakness in internal control over
compliance, yet important enough to merit attention by those charged with governance.
The Authority's response to the finding identified in our audit is described in the accompanying
schedule of findings and questioned costs. We did not audit the Authority's response and,
accordingly,we express no opinion on it.
This report is intended solely for the information and use of management, Board of
Commissioners, others within the Authority, and federal awarding agencies and pass-through
entities and is not intended to be and should not be used by anyone other than these specified
parties.
L.«
Baltimore, Maryland
March 20, 2013
40
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
Year Ended June 30, 2012
CFDA Federal
Number Expenditures
U.S. Department of Housing and Urban Development(HUD)
Housing Choice Voucher Program 14.871 $ 28,184,169
Low Rent Public Housing 14.850 648,909
Section 8 Project-Based Cluster:
Lower Income Housing Assistance Program -Section 8
Moderate Rehabilitation 14.856 1,436,546
Section 8 New Construction and Substantial Rehabilitation 14.182 3,141,332
4,577,878
Capital Fund Program Cluster:
Public Housing Capital Fund Program 14.872 309,778
Public Housing Capital Fund Stimulus(Formula)
Recovery Act Funded 14.885 4,290
314,068
Pass-through entity
State of Florida-Department of Community Affairs
Disaster Recovery Community Development Block Grant-
09DB-D3-11-23-15-A 24 14.228 569,954
Miami-Dade County
Community Development Block Grant-B-09-MC-0014 14.218 90,000
Community Development Block Grant 14.228 138,344
TOTAL FEDERAL EXPENDITURES $ 34,523,322
The accompanying notes are an integral part of this schedule.
41
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS
June 30, 2012
NOTE 1 —BASIS OF PRESENTATION
The Schedule of Expenditures of Federal Awards is presented on the accrual basis of accounting
and includes all expenditures of federal awards administered by the Housing Authority of the City
of Miami Beach (the Authority). Several programs are funded jointly by the State in accordance
with requirements of the various federal grants. Costs incurred for such programs are applied to
Federal grant funds in accordance with the terms of the related Federal grants with the remainder
applied to funds provided by the State.
All costs charged to Federal Awards are determined based on the applicable Federal grants and
OMB Circular A-87, Costs Principles Applicable to Grants and Contracts with State and Local
Governments.
NOTE 2—FEDERAL COGNIZANT AGENCY
The Federal cognizant agency for the Authority is the U.S. Department of Housing and Urban
Development(HUD).
NOTE 3— FINDINGS AND QUESTIONED COSTS
Any findings and questioned costs identified in connection with the 2012 Single Audit would be
disclosed in Schedule I and the status of prior year findings and questioned costs would be
disclosed in Schedule II.
This information is an integral part of the accompanying schedule.
42
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2012
I. Summary of Independent Auditor's Results
Financial Statements
Type of auditor's report issued: Unqualified
Internal control over financial reporting:
• -Material weakness(es) identified? Yes X No
• Significant deficiency(ies) identified that are not None
considered to be material weaknesses? Yes X reported
Noncompliance material to financial statements noted? Yes X No
Federal Awards
Internal control over major programs:
• Material weakness(es) identified? Yes X No
• Significant deficiencies identified that are not None
considered to be material weaknesses? X Yes reported
Type of auditor's report issued on compliance for major programs: Unqualified
Any audit findings disclosed that are required to be
reported in accordance with Section 510(a) of
Circular A-133? X Yes No
Identification of Major Programs
CFDA
Name of Federal Program Number Expenditures
Housing Choice Voucher Program 14.871 $ 28,184,169
Section 8 Project Based Cluster 14.856/14.182 4,577,878
Dollar threshold used to distinguish between type A and type B programs: $ 1,035,700
Auditee qualified as low-risk auditee? Yes X No
43
HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2012
II. Financial Statement Findings
None
III. Federal Award Findings and Questioned Costs
Finding 2012-01: U.S. Department of Housing and Urban Development, Housing Choice
Voucher Program, CFDA— 14.871, Eligibility
Condition/Context
Based on testing of 40 tenant files for eligibility determination, the following deficiencies were
noted in regards to tenant income:
• The Authority miscalculated the tenant's income for 2 files resulting in an overpayment of
HAP.
• One file used the 2010 Gross Wages for the 2011 income amount when income support
for the most recent four paystubs for 2011 were included and when averaged projected
a greater income through the year..
Criteria
Pursuant to 24 CFR 985.516, public housing authorities (PHAs) are required to verify income
reported on the tenant assistance application by obtaining third party verification of annual
income. Third party verification- includes direct confirmation from an employer, at least 3
paystubs, EIV report (required for 10/09 and later), SS award letter, printouts from Dept. of
Social Services for TANF, child support, etc.
Cause
The Authority miscalculated tenants' HAP payments based on incorrect documentation included
in the tenant file.
Effect
The Authority is not in compliance with HUD regulations and there was an overpayment of HAP.
Questioned Costs
Undetermined
Recommendation
The Authority should follow procedures, systems, and controls to ensure full compliance in
regards to rent calculations and third party verifications.' The Authority should focus additional
attention to reviewing new case managers' recertifications and performing quality assurance
control for staff.
Management's Response
The Agency has recalculated the correct HAP payment for the two files noted. Rent calculation
training is being provided to all new housing case managers. KaTreena Washington is
responsible for this corrective action and the estimated completion date is June 30, 2013.
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HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH
SCHEDULE OF PRIOR YEAR FINDINGS AND QUESTIONED COSTS
Year Ended June 30, 2012
Findings 2011-01, 2010-03: U.S. Department of Housing and Urban Development,Capital
Fund Program Cluster, CFDA— 14.872/14.884/14.885, Reporting
Condition/Context
The Authority failed to complete and submit the HUD-60002 reports by January 10, 2011.
Recommendation
We recommend that the Authority complete all required HUD-60002 forms going forward on a
timely basis.
Status
This finding has been corrected in the current year.
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EXHIBIT "C"
66BUDGET"
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.
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® BEACH CDBG FY 2013/14
Project Budget
Sub-Recipient: Housing Authority of Miami Beach Project: Installation Energy Eff. Lighting
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item •
Personnel(Employees Only)-List Position Title
0
0
0
Other Expenses
..
Electrical 252 158.73 40000.00
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
0
40000
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 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 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 funds should prepare a time sheet indicating the hours
worked on CDBG 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 for a period of four years, with access guaranteed to the
City, to HUD or Treasury officials or their representative.
Audits
For years beginning after June 30, 1996, all nonprof i t 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 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 _census.gov
Web: http://harvester.census.gov/sac
F:\RHCD\$ALL\HSG-CD\CDBG\CDBG 2013 2014 Capital Improvements\HACMB\HACMB Lighting Contract Scope of Services
2013.docx
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