CDBG Agreement HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE "H.O.P.E." COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.)
This Agreement made and entered into this day pjQAV o , 201 by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation having its Tfrincipal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.), a non-for profit
corporation having its principal office at 11501 NW 2nd Avenue, Miami, Florida, 33168 (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 $5,000, to Provider for the Fair Housing Education and Outreach Initiative
located at 11501 NW 2"d Avenue, Miami, Florida 33168.
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 Program in accordance with
Exhibits A and B, which Program is summarized as follows:
Fair Housing Education and Outreach Initiative
The Federal Fair Housing Act, Section 8008(e)(5), requires the Secretary of the U.S.
Department of Housing and Urban Development(HUD)to administer HUD's housing and
urban development programs in a manner as to affirmatively further fair housing (AFFH).
All localities that are direct recipients of CDBG funds from HUD are required to conduct
an assessment of the barriers to housing choice and to develop a plan for overcoming
the impediments identified. Although the grantee's AFFH obligation arises in connection
with the receipt of Federal funding, its AFFH obligation is not restricted to the design and
operation of HUD-funded programs at the State or local level. The AFFH obligation
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extends to all housing and housing-related activities in the grantee's jurisdictional area
whether publicly or privately funded (U.S. Department of Housing and Urban
Development Office of Fair Housing and Equal opportunity, Fair Housing Planning Guide,
Chapter 1, Section 1.2, 1-1).
The Consolidated Plan regulations (24CFR 91) require a certification by each jurisdiction
that it will AFFH, which requires Fair Housing Planning. Fair Housing Planning entails: 1)
implementation of action plans to eliminate any identified impediments; and 2)
maintenance of AFFH records, corresponding with implementation of the Consolidated
Plan every three to five years.
Objective: To provide technical assistance to the City in meeting its requirement to
Affirmatively Further Fair Housing as an entitlement jurisdiction by overcoming the effects
of conditions that limit fair housing choice citywide through education, outreach, and
counseling.
To fund this activity the CDBG funding will be supplemented with a $5,000 set-aside of
HOME Program Administration funds.
Section 3. Agreement Amount: The City agrees to make available FIVE THOUSAND DOLLARS
($5,000) for use by the Provider during the Term of the Agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts 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 Program including, without limitation, the
Budget in Attachment II, shall first be submitted, reviewed, and approved, in writing, by
the City Manager, which approval, if given at all, shall be at his/her sole reasonable
judgment and discretion.
Section 5. Method of Payment and Reporting Requirements: During the Term, Provider shall
submit quarterly Program progress reports to the City on the 10th day of January, April,
July and October, respectively. As part of the report submitted in October, the Provider
also agrees to include, a comprehensive final report covering the agreed-upon Program
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 Program
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 Program, 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/her 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
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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 Program
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.
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, 2011, and terminate on
September 30, 2012, (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:
12.1 Termination for Convenience: This Agreement may be terminated by the City,
for convenience and without cause, through the 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 Program 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 Program 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.
12.2 Termination 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.
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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
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.
12.3 Termination 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 Program.
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.
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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
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 CDBG 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. No payment is required after the
period of time specified in subsection(a).
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 requirements with the 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:
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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;
(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 Program, research
reports, and similar public notices prepared and released by the Provider for, on behalf
of, and/or about the Program, shall include the statement:
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"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
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 Program 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.
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Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold
harmless the City, its officers, employees and agents, from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligence or
misconduct on the part of the Provider, or any of its agents, officers, servants,
employees, contractors, patrons, guests, clients, licensees, invitees, or any persons
acting under the direction, control, or supervision of Provider, pursuant to this Agreement
and/or the Program. 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 judgements 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.
The Provider shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Program 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,
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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.
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 Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Keenya Robertson, Executive Director
Housing Opportunities Project for Excellence, Inc.
18441 NW 2nd Avenue
Suite 218
Miami Gardens, FL 33169
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$5,000. 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$5,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of$5,000, for any action or claim for breach of contract
arising out of the performance or 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 OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
a Florida not-for- rofit corporation
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Secretary atu
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Print Name Print Name and Title
CITY OF MIAMI BEACH
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F:\RHCD\$ALL\HSG-CD\CDBG\CDBG 2013 2014 Public Services\HOPE FY 13 14\CDBG HOPE FY 13 14.docx
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EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
Service Units of
Provision of technical assistance to the City 5 workshop educational sessions and 10
in meeting its requirements to Affirmatively Fair Housing Education Community Events
Further Fair Housing as an entitlement
jurisdiction
Related Definitions:
Davis-Bacon Act Compliance — The Davis-Bacon Act applies to contractors and
subcontractors performing on federally funded or assisted contracts in excess of
$2,000 for the construction, alteration, or repair (including painting and decorating) of
public buildings or public works. Davis-Bacon Act and Related Act contractors and
subcontractors must pay their laborers and mechanics employed under the contract
no less than the locally prevailing wages and fringe benefits for corresponding work
on similar projects in the area. The Davis-Bacon Act directs the Department of Labor
to determine such locally prevailing wage rates. Affordable housing rehabilitation
projects of eight (8) or more units using CDBG funds must ensure Davis-Bacon Act
compliance. Affordable housing rehabilitation projects of 12 or more units using
HOME funds must ensure Davis-Bacon Act compliance.
Environmental Review — Projects must have an Environmental Review unless they
meet criteria specified in HUD regulations that would exempt or exclude them from
Request for Release of Funds (RROF) and environmental certification requirements
(24 CFR sections 58.1, 58.22, 58.34, 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.
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Monthly Proformas — All Capital projects with multiple (more than one) funding
sources require the submission of monthly proformas to the City.
Professional Services Contracts — Professional services funded through this
Agreement must adhere to procurement guidelines as appropriate and have
executed written agreements between the Sub-Recipient and the respective Vendor.
Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy
of all professional service contracts must be submitted to the City prior to
reimbursement request.
Proof of Insurance — Evidence of appropriate and required insurance must be
submitted prior to contract execution. No City funds will be dispersed prior to
submission of required insurance coverage.
Retainage — All capital projects are subject to the withholding of 10 percent of
appropriate expenses in the form of a retainage. All retained funds will be released
when the project fulfills its National Objective.
Section 3 Compliance — Any Agreement greater than $200,000 that involves
rehabilitation, housing construction, or other public construction, requires that Sub-
Recipient to complete and submit to the City Form HUD 60002, Section 3 Summary
Report, Economic Opportunities for Low- and Very-Low Income Persons (OMB No.
2529-0043).
Service Deliverables
Services must be delivered as follows:
Provision of technical 5 workshop Scattered sites October 1, 2013—
assistance to the City educational sessions September 30, 2014
in meeting its and 10 Fair Housing
requirements to Education
Affirmatively Further Community Events
Fair Housing as an
entitlement jurisdiction
Service Benchmarks
Service Benchm, ark(s)
Provision of technical assistance to the City in Effective education of citizens
meeting its requirements to Affirmatively regarding fair housing opportunities
Further Fair Housing as an entitlement and rights.
jurisdiction
Service Documentation
2
Services will be deemed as provided when the following documentation is provided
within the noted timeframes:
Submission Deadline
Service Documentation
Provision of technical Sign-in sheets and event Monthly
assistance to the City in materials
meeting its requirements to
Affirmatively Further Fair
Housing as an entitlement
jurisdiction
Applicable Federal Regulations
The Sub-Recipient must apply to all applicable federal regulations including:
I. Non-Discrimination and Equal Access
No person in the United States shall on the grounds of race, color, national origin,
religion or sex be excluded, denied benefits or subjected to discrimination under any
program funded in whole or in part by CDBG funds. The Provider must take
measures to ensure non-discriminatory treatment, outreach and access to program
resources. This applies to employment and contracting, as well as to marketing and
selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity. They are summarized
below:
Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et 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.
3
Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age
discrimination in programs receiving Federal financial assistance. Age
Discrimination Act regulations may be found in 24 CFR Part 146.
Section 109 of Title I of the Housing and Community Development Act of 1974:
Requires that no person shall be excluded from participation in, denied the
benefits of, or be subjected to discrimination under any program or activity
funded with CDBG 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
r
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
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
504 imposes requirements to ensure that "qualified individuals with handicaps"
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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.
11. 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 11 625, 12432
and 12138, the City and the Provider must prescribe procedures acceptable to
HUD for a minority outreach program to ensure the inclusion, to the maximum
extent possible, of minorities and women, and entities owned by minorities and
women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In
the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts,
5
every contract for construction (in the case of residential construction, projects with
eight or more units) triggers the requirements.
Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and
laborers employed in construction work under Federally-assisted contracts are
paid wages and fringe benefits equal to those that prevail in the locality where
the work is performed. This act also provides for the withholding of funds to
ensure compliance, and excludes from the wage requirements apprentices
enrolled in bona fide apprenticeship programs.
Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333):
Provides that mechanics and laborers employed on Federally-assisted
construction jobs are paid time and one-half for work in excess of 40 hours per
'week, -and provides for -the payment of liquidated damages where violations
occur. This act also addresses safe and healthy working conditions.
Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from
paychecks that are allowable. Makes it a criminal offense to induce anyone
employed on a Federally assisted project to relinquish any compensation to
which he/she is entitled, and requires all contractors to submit weekly payrolls
and statements of compliance.
Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seg.):
Establishes the basic minimum wage for all work and requires the payment of
overtime at the rate of at least time and one-half. It also requires the payment of
wages for the entire time that an employee is required or permitted to work, and
establishes child labor standards.
Contracting and Procurement Practices
The CDBG 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:
6
Require that no employee, officer, agent of the City or the Provider shall
participate in the selection, award or administration of a contract supported
by CDBG 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.
7
II1. 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
Lead-Based Paint Hazards in Federal)
Reduction of Lea Y Owned Residential Property
'vin Federal Assistance; Final Rule" was published within title 24
and Housing Receiving �
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 is the basic law covering lead-
based Act of 1971 which
Based Paint Poisoning P 9
based paint in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis
to reducing lead in house dust. Scientific research has found that exposure to lead in
dust is the most common way young children become lead poisoned. Therefore, the
new regulation requires dust testing after paint is disturbed to make sure the home is
lead-safe. Specific requirements depend on whether the housing is being disposed
of or assisted by the federal government, and also on the type and amount of
financial assistance, the age of the structure, and whether the dwelling is rental or
owner occupied.
On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and
other actions aimed at preventing lead poisoning to protect against the hazards
created by exposure to lead dust in existing structures built prior to 1978. Under the
8
rule, all contractors performing renovation, repair and painting projects that disturb
lead-based paint in homes, child care facilities, and schools built before 1978 must
be certified and follow specific work practices to prevent lead contamination. This rule
(40 CFR Part 745) is enforced as of April 22, 2010. The rule must be executed by all
sub-contractors.
Property Exempt from Lead-based paint regulation:
• Housing built since January 1, 1978, when lead paint was banned for
residential use;
• Housing exclusively for the elderly or people with disabilities, unless a
child under age 6 is expected to reside there;
Zero-bedroom dwellings, including efficiency apartments, single-room
occupancy housing, dormitories or military barracks;
• Property that has been found to be free of lead-based paint by a certified
lead-based paint inspector;
Property where all lead-based paint has been removed;
• Unoccupied housing that will remain vacant until demolished;
• Non-Residential property; and
• Any rehabilitation or housing improvement that does not disturb a painted
surface.
Types of housing subject to 24 CFR 35:
• Federally-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property,
rather than with the occupants (project-based assistance);
• Public housing;
• Housing occupied by a family (with a child) receiving tenant-based
subsidy (such as a voucher or certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housin g 9 receivin 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 httD://www.hud.gov/offices/lead/index.cfm. For further information, you
may call HUD at (202) 755-1785, ext. 104, or e-mail HUD at
lead regulations(aD-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
9
units with CDBG funds may trigger section 104 (d) (also known as the "Barney Frank
Amendment" requirements.)
VI. Compliance with National Objective
The Provider will ensure and maintain evidence that activities assisted with CDBG
funds from the City of Miami Beach comply with the primary National Objective,
"Benefit to Low and Moderate Income Persons" and will provide services or activities
that benefit at least 51% low and moderate income persons. A low or moderate-
income household is defined as: a household having an income equal to or less than
the limits cited below. Individuals who are unrelated but are sharing the same
household shall each be considered as one-person households.
Low and Moderate Household income'Limits'-(Effective 05/14/2012) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median
Income), Very Low-Income (50 % of Median Income), Extremely Low(30% of Median
Income)
HUD Income Limits for FY 2013
$13,750 $15,700 $17,650 $19,600 $21,200 $22,750 $24,350 $25,900
$22,900 $26,200 $29,450 $32,700 $35,350 $37,950 $40,550 $43,200
a
•o' . $27,480 $31, 440 $35,340 $39,240 $42,420 $45,540 $48,660 $51,840
• $36,650 $41,850 $47,100 $52,300 $56,500 $60,700 $64,900 $69,050
Change Orders/Bud et Amendments
9
The goal should be .to limit the use of Change Orders or Budget Amendments.
Change Orders and Budget et Amendments require prior written approval by the City
Manager.
To request a Change Order or Budget Amendment, a written request for changes
must be submitted to your Grant Monitor delineating the changes and providing a
detailed justification for making the request. Approvals of any changes are at the sole
discretion of the City Manager.
No budget amendment will be processed after June 30, 2014 for Public Service
Projects. No budget amendment will be processed for Capital Projects Budgets after
eighty (80) percent of the available funds have been drawn.
Budget.amendments or Change Orders that deviate from the original scope will be
rejected and the funds in question may be subject to recapture at the sole discretion
of the City Manager.
10
Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub-Recipient must remain incompliance with all local rules, regulations,
ordinances and laws (including having an active business license) in addition to
those specified in the body of the Agreement. In addition, the Sub-Recipient must not
owe any monies to the City at the time of Agreement execution or final release of
grant funds.
The City will verify with the Finance Department to ensure that no monies are due the
City prior to Agreement execution.
Employee/ Contractor File Review
The following documentation must be included in the Sub-Recipient's
employee/contractor file for those employees/contractors providing services under
this contract.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
Evidence of Required Experience
Florida Background Criminal Screening, 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
11
• Fulfillment of prescribed outcomes
Fiscal Stability
The Sub-Recipient is required to maintain fiscal stability throughout the terms of this
Agreement. This is to ensure the Sub-Recipient's ability to fulfill the terms of this
Agreement and meeting of the National Objective.
For affordable housing developers, fiscal stability policies are encouraged in
anticipation of additional HUD guidance regarding fiscal oversight for rental projects.
More so, as projects have extended lives, fiscal stability underscores the long-term
viability of the housing units.
Leverage
For HOME-funded projects, the Sub-Recipient must demonstrate the commitment of
other sources of funds committed to the City-funded project. Furthermore, all other
identified funds must be in place prior to the use of HOME funds.
The documentation that demonstrates this fiscal leverage is the Subsidy Layering
Review and underwriting.
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to
ensure contractual compliance. This includes, but is not limited to:
• Review of on-site service delivery
Inspection and review of client, budgetary and employee files (for those
employees providing services under this Agreement)
Monitoring visits will take place within 120 days of the commencement of services.
The City will notify the Sub-Recipient a minimum of three (3) business days prior to a
monitoring visit.
Performance Ratings
The Sub-Recipient agrees that its Performance Rating, the score awarded for
performance on the following measures, will be posted on the City's website on an
annual basis:
• Timely and accurate submission of Monthly Progress Report
• Timely and accurate submissions of Monthly Financial Reports
(reimbursement requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
12
Performance r Rating 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.
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The following chart depicts the submission dates for the term of this Agreement:
MonW Date o
October 2013 November 12,2013
November 2013 December 10,2013
December 2013 January 10,2014
January 2014 February 10, 2014
February 2014 March 10,2014
March 2014 April 10,2014
April 2014 May 12, 2014
May 2014 June 10,2014
June 2014 July 10, 2014
July 2014 August 11,2014
August 2014 September 10,2014
September 2014 October 10,2014
Monthly reports will be submitted via any of the following methods:
• Standard mail
• Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (evidence of expense incurred,
invoices, time logs, executed AIA Forms, etc.)
• Reports bear the signature of the person preparing the report and the Sub-
Recipient's authorized-signatory
r
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 Vt. Tenant rolls must be
certified by the Sub-Recipient Agency's authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the
period of affordability established in the City's Restrictive Covenant and/or mortgage.
These tenant rolls must be submitted by November 1 St of each year of affordability.
Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory.
14
I
Retainage
All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that
will not be released until the National Objective is met. Retainage will be held as
appropriate from all submitted reimbursement requests.
Subsidy Layering Review
All affordable housing projects using CDBG/HOME funds require the completion of
an independent Subsidy Layering Review and underwriting. These reviews must be
completed prior to the project being submitted via HUD's IDIS system and precedes
the incurrence of any related funds. Therefore, no capital projects will be deemed
eligible for reimbursement until the Subsidy Layering Review and underwriting have
been received and accepted by the City.
The expense for the Subsidy Layering Review and underwriting services are eligible
for reimbursement if the project proceeds but is not eligible for reimbursement
otherwise.
Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (60) days from the
incurrence of the expense. The City will strictly monitor this element. Please note that
cancelled checks must be submitted in conjunction with all reimbursement requests.
Therefore, the Sub-Recipient should calendar itself accordingly to ensure that
reimbursement requests are submitted to the City in a-timely manner.
Training Requirements
The Sub-Recipient must ensure that the person responsible for preparing the Monthly
Progress Report and Monthly Financial Report attends the City's Sub-Recipient
Reporting Training and places the attendance certificate in the employee's personnel
file for inspection by the City during its monitoring visit.
Additional Documentation
The following documentation must be submitted with this executed agreement:
• All required insurance certificates
• Copy of current audit
• Copy of required business licenses and permits
15
EXHIBIT i61399
"DOCUMENTATION"
The Sub-Recipient agrees to provide the following documents as part of its reporting
requirements:
To Document Insurance Coverage:
• Copy of insurance policy or binder(with proof of payment)with limits and
scope of coverage
To Document Client Eligibility and Service:
• Client attendance logs
• Intake and screening forms
• Executed client consent agreements
To Document Fiscal Leverage:
• Monthly project proformas (for capital projects only)
To Document Procurement:
• Evidence of at least three (3) quotes obtained for service/item
• Formal bid process including advertisement, scope, respondents and scoring
To Document Expenses Incurred:
• Cancelled checks with copy of referenced invoice
• Electronic payroll ledgers with corresponding bank transactions (statement)
• Executed professional service agreements (subject to procurement)
• 'Executed and notarized-AIA Forms (for capital projects only)
• Executed and Filed Release of Lien (for capital projects only)
• Copies of valid work permits ad clearances (for capital projects only)
To Document Construction Completion:
Certificate of Occupancy(CO)
To Document Lease-up of Affordable Housing:
• Rent rolls
• Tenant applications (with proof of income)
16
EXHIBIT "C"
"BUDGET"
The attached budget reflects the scope of expenses that may be incurred through
this Agreement. All expenses must comply with applicable rules and regulations
including Procurement and Davis Bacon Act.
17
MIAMI BEACH I CDBG FY 2013/14
Project Budget
Sub-Recipient: HOPE,Inc. Project: Fair Housing Education/Outreach
Please list all items that will be reimbursed by the City of Miami Beach.
Quantity Line Item
Personnel(Employees Only)-List Position Title i•
0
0
Other Expenses
Workshop-Educational Session $ 5.00 $ 500.00 $ 2,500.00
Fair Housing Education-Community Event $ 10.00 $ 250.00 $ 2,500.00
$ _
Project $ 5,000.00
I
EXHIBIT AdD"
"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 nonprofit organizations, state governments, and
local governments that receive Federal funding fall under the revised OMB Circular A-133,
Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that
expend $500,000 or more in a year in Federal awards must have a single or program-
specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to
the City immediately following the end of the fiscal year(s) during which CDBG 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: oov.fac(a.census.gov
Web: http://harvester.census.gov/sac
F:IRKMALLIHSG-CDICDBGICDBG 2013 2014 Public ServiceslHOPE FY 13141HOPE scope of services 1314.docx
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