Community Development Block Grant Agreement with Unidad of Miami Beach, Inc. d-ol(1--,1 83 '1
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COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
UNIDAD OF MIAMI BEACH, INC.
made and entered into this day of % , , 2015, by and
This Agreement ,�� y y
between the CITY OF MIAMI BEACH, a Florida municipal corporation hay', its principal office at
1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and
UNIDAD OF MIAMI BEACH, INC., a not-for profit corporation having its principal office at 1701
Normandy Drive, Miami Beach, Florida, 33141 (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, 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 23, 2014,
through July 22, 2014; and
WHEREAS, on June 11, 2014, the City Commission approved Resolution No. 2014-
28635, adopting the One-Year Action Plan for Federal Funds for FY 2014/2015, and providing CDBG
funds, in the amount of $9,000 to Provider for Project Link; and
WHEREAS, on December 17, 2014, the City Commission approved Resolution No.
2014-28877, approving the amendment to the One-Year Action Plan for Federal Funds for FY
2014/2015 which reduced the CDBG funds previously allocated to the Provider by $6,000 leaving an
allocated balance of $3,000; and
WHEREAS, at its May 6, 2015 meeting, the City Commission approved the allocation of
$3,000 from the General Fund in addition to the $3,00 from CDBG to fund Project Link with $6,000.
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 Exhibit s A and B, which is summarized as follows:
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Project Link
To provide information and referral services, including emergency assistance, to primarily
low/moderate— income individuals. The program will serve Miami Beach residents in the
North Beach target area; hereinafter referred to as "Program".
Section 3. Agreement Amount: The City agrees to make available SIX THOUSAND DOLLARS
($6,000) for use by the Provider during the Term of the Agreement, THREE THOUSAND
DOLLARS ($3,000) will come from CDBG funds and THREE THOUSAND DOLLARS
($3,000) will come from the General Fund (hereinafter, the aforestated amount including,
without limitation, any additional amounts included thereto as a result of a subsequent
amendments) 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 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 Program progress reports to the City on the 10'h day of each month,
respectively. As part of the final report submitted in October, 2015 the Provider also
agrees to include, a comprehensive 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
references the electronic 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 half of
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 or continue with the portion funded by the General Fund, which
termination/continuation shall be effective as of the date that it is determined by the City
Manager, at his sole discretion and judgment, that the HUD 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.
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IFF\
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 retroactively on July 1, 2015, and terminate on
September 30, 2015, (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 its 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:
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a. Failure to comply or perform in accordance with this agreement.
b. Failure to comply and/or perform, in accordance with or any Federal, State,
County or City law, or regulation.
c. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
d. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
e. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
f. 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.
Notwithstanding the foregoing, with respect to Subsection 12.2 (b), 12.2 (d), or
12.2 (f) (with respect to fraud only) the termination for cause, as described in this
section, shall be effective upon receipt of the termination notice and no cure period
shall apply.
Additionally, if Provider has committed similar defaults under Subsections 12.2 (a),
12.2 (c), 12.2 (e), or 12.2 (f) (except with respect to fraud), on two or more
occasions during the term of the Agreement, the termination for cause, as
described in this section, shall be effective as of the date the second notice is sent
to Provider by the City, and no cure period shall be applicable.
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:
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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 §570.200(j). 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
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 the 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.
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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 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(g), 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:
"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 HOUSING AND COMMUNITY SERVICES"
shall appear in the same size letters or type as the name of the Provider.
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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.
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 Program. The Provider shall pay all claims and losses of any nature
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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.
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
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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.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Maria L. Ruiz, Director
Office of Housing and Community Services
City of Miami Beach
1700 Convention Center Drive,
Miami Beach, FL 33139
Provider: Margarita Cepeda-Leonardo, Executive Director
UNIDAD of Miami Beach, Inc.
1701 Normandy Drive
Miami Beach, FL 33141
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 $3,000. 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 $3,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $3,000, 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.
UNIDAD OF MIAMI BEACH, INC.
a Florida not-or-profi,corporation
ATTEL ice
/ �
/
S-cre. Executiv- Director Signature
D. e ll
ietfri #44/10a / RMegIPr1 a
Pr nt ,•� Print Name and Title
M' e-c—roiL o F •olL (2-o ‘2 j 141,3
Date
CITY OF MIAMI BEACH
a Florida Municipal corporation `
ATTEST: „
TEC: J
ty •�� t Mayor
Date 'hl'CH 2E
/1)1� 0/7(14/1/D Philip Levine
Print Name Print Name
Date
F:\RHCD\$ALL\HSG-CD\CDBG\CDBG 2014 2015 Public Services\UNIDAD project link 14 15\UNIDAD FY 14 15.docx
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
11
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EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
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Information and referral services, 123 persons assisted Intake Forms
including emergency assistance, to Income Verification
low/moderate income Miami Referral Forms
Beach Residents
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
thel 0th 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 10'h
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
1
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:
Service Unit of Service Service Location Timeframe
Information and referral 123 persons I UNIDAD of Miami ` July , 2015 to September
services, including assisted Beach, Inc. 30, 2015
emergency assistance, j 7251 Collins Av.
I to low/moderate Miami Beach FL
income Miami Beach 33141
Residents
SERVICE BENCHMARKS
Service Benchmark(s)
Information and referral services, including 1 . Documents demonstrating a minimum of 123
emergency assistance, to low/moderate income people assisted with information or being
Miami Beach Residents referred to services with required
documentation.
2. Monthly report provided with detail
information of clients served during the months
of July through September, 2015.
2
SERVICE DOCUMENTATION
Services will be deemed as provided when the following documentation is provided within the noted
timeframes:
•u�?i-. :E:, rf. ,?t�.e • ask 5
;' a .� t � �
Servicer;� x ..� Doc:umentation �Subrnissi,onDeadline psE>
�"� rye x�
t4",.�=?.'S�� ,£rT. .&��Fpr„ �-.j¢"'.,��;fi..�M��,>.ym v:..w. `�, . >��x.�.z,.fi-.� _.�.;z�C. r ,.��...,._s r �"�i, ,_ :a.s _ `sdAsv...-..,�e�<r• ,. ..
I Information and referral 1 . Identification Submit Monthly Finance and
services, including emergency Documents in order to Programmatic report after service is
assistance, to low/moderate demonstrate residence delivered. Report will be submitted
income Miami Beach Residents. in Miami Beach Area, within the first 10 days of the
proof of income or following month.
proof of receipt of any Forms and documents for every
public social service. participant are filed in a locked file
2. Forms: Intake form, cabinet. Available for revision as
application for service requested.
form, consent to
release information
form, and calculation
form (to calculate
income eligibility).
3. Monthly report of
Programmatic and
Financial Activity for
the months on July to
September, 2015.
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:
3
• Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the basis of
race, color or national origin. The regulations implementing the Title VI Civil Rights Act provisions
for HUD programs may be found in 24 CFR Part 1 .
• The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person on
the basis of race, color, religion, sex, national origin, handicap of familial status. Fair Housing
Act implementing regulations may be found in 24 CFR Part 100-1 15.
• 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.
• 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:
• 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);
• A description of what owners and/or the Provider will do to affirmatively market housing assisted
with CDBG funds;
• A description of what owners and/or the Provider will do to inform persons not likely to apply for
housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted units
and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
4
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" 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:
5
• 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.
• 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.
6
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 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.
7
- The CDBG regulations at 24 CFR 570.61 1 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.
M. 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
8
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.
/V. 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 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;
9
• Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks;
• Property that has been found to be free of lead-based paint by a certified lead-based paint
inspector;
• Property where all lead-based paint has been removed;
• Unoccupied housing that will remain vacant until demolished;
• Non-Residential property; and
• Any rehabilitation or housing improvement that does not disturb a painted surface.
Types of housing subject to 24 CFR 35:
• Federally-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance);
• Public housing;
• Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or
certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special
needs.
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also
download the regulation and other educational materials at
http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulations @hud.gov.
V. . DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING
CDBG 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.)
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.
10
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 2015
Median Income for Miami-Dade Area = $49,900
Effective date 03/06/2015
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"-A:WA:410
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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, 2015 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.
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.
11
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
12
• Adherence to project timelines
• 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
13
Ratings will be given for each performance measure based on the following:
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Timely and accurate submission of Monthly ➢ "0" for failing to submit on time
Progress Report > "25" for submitting on time
Timely and accurate submissions of Monthly > "0" for failing to submit accurate report with
Financial Report(reimbursement requests) back-up material on time
> "25" for submitting accurate report on time
Delivery of contracted service units within Possible score of 0 to 50 based upon completion
contracted timeframe 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:
�S ''a"' �*^ `° s� ��Fawa.°p3.�,'ys5 � .��� t`' y-t •'. �q�,�,r ��^, �
Month a� Date or Sub mission
July 2015 August 11, 2015
August 2015 September 10, 2015
September 2015 October 10, 2015
Monthly reports will be submitted via any of the following methods:
• Standard mail
• Hand delivery
14
Monthly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately filled
• Necessary back-up materials are included (evidence of expense incurred, invoices, time logs,
executed AIA Forms, etc.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized
signatory
Monthly Progress Reports should encapsulate a project's progress in alignment with the funds expended.
RENT ROLL SUBMISSIONS
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant
rent rolls within thirty (30) days of meeting the National Objective and every year thereafter for a
minimum of fifteen (15) years in adherence with the affordability period required with use of these funds.
For completed projects, certified tenant rolls must be submitted annually by November 1st. Tenant rolls
must be certified by the Sub-Recipient Agency's authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the period of affordability
established in the City's Restrictive Covenant and/or mortgage. These tenant rolls must be submitted by
November 1st of each year of affordability. 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.
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.
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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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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.
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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.
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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. 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: gov.fac @census.gov
Web: http://harvester.census.gov/sac
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