Amendment No. 1 to the Interdepartmental Memorandum of Understanding between the Office of Housing and Community Services and Capital Improvement Projects Office 2.013-251 2q'�.
AMENDMENT NO. 1
TO THE INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING, DATED
SEPTEMBER 24, 2014, BETWEEN THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY SERVICES AND THE CITY OF MIAMI BEACH CAPITAL IMPROVEMENT
PROJECTS OFFICE
This Amendment No. 1 (the Amendment)to the Interdepartmental Memorandum of Understanding
(MOU)dated September 24,2014 is entered into this day of j a.„Q„ g 2016(Effective Date),by
and between the CITY OF MIAMI BEACH OFFICE OF HOUSING AN COMMUNITY SERVICES
("HCS"), and the CITY OF MIAMI CAPITAL IMPROVEMENT PROJECTS OFFICE ("Provider").
WITNESSETH:
WHEREAS, HCD has determined, through its One-Year Action Plan for federal funds for
Fiscal Year 2013/2014, the necessity for engaging the Provider to render the following project in
Miami Beach:The London House Apartments Rehabilitation, located at 1965 and 1975 Washington
Avenue, Miami Beach, Florida 33139; and
WHEREAS, the City's FY 2013/2014 Action Plan was approved by the City Commission
through Resolution 2013-28292, adopted on July 19, 2013; and
WHEREAS, pursuant to the MOU, the Provider is providing services needed for the
rehabilitation of affordable housing which is a high priority need identified in the City's FY 2013-2017
Consolidated Plan approved by the City Commission through Resolution 2013-28237 on June 5,
2013; and
WHEREAS, the original MOU expires on December 1, 2015; and
WHEREAS, the project is still under rehabilitation and the parties wish to extend the MOU.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereby agree to amend the MOU, as follows:
1. Section 10 of the MOU, entitled "Term" is hereby deleted in its entirety and replaced as
follows:
Section 10. Term: This agreement shall be deemed to have commenced on May 1,2014
and shall terminate on September 30, 2016.
2. All other terms and conditions of the MOU shall remain unchanged and in full force and
effect.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT AND CITY OF MIAMI BEACH CAPITAL IMPROVEMENT
PROJECTS OFFICE have executed this Amendment No.1 to the MOU as of the day and year first
written above by their duly authorized representatives.
CITY OF MIAMI BEACH
OFFICE OF HOUSING AND COMMUNITY SERVICES
Director, Housing and Community Services
Maria L. Ruiz /a [So
Print Name .rE■
CITY OF MIAMI BEACH
CAPITAL IMPROVEMENT PROJECTS OFFICE
Director, Capital Improvement Projects Office
David Martinez ii•S1- j f�
Print Name
CITY OF MIAMI BEACH
a Florida Municipal corporation
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Amendment 1 11.30.15:doc
APPROVED AS TO
FORM & LANGUAGE
atAIF R E ECUTION
42.04 1,
City Attorney r01-- Date
RESOLUTION NO. 2013-28292
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR
ACTION PLAN FOR FEDERAL FUNDS FOR FISCAL YEAR 2013/2014,
WHICH INCLUDES THE BUDGETS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGAM, THE HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM, THE FISCAL YEAR
2012/2013 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM AND VALUE ADDED ENHANCEMENT FUNDS; AMENDING
THE FY 1994-2011 ACTION PLANS,AUTHORIZING THE CITY MANAGER
TO MAKE MINOR NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR
ACTION PLAN OR RESULTING AGREEMENTS BEFORE EXECUTION
(WHICH MAY BE IDENTIFIED DURING THE FINALIZATION AND/OR
REVIEW PROCESS, AND WHICH DO NOT AFFECT THE PURPOSE,
SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLAN);
AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION
DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS
AND SUBMIT THE ONE-YEAR ACTION PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT- (HUD);
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS FOR SUB-RECIPIENTS OF CDBG, HOME, SHIP AND
VALUE ADDED ENHANCEMENT FUNDS; AND AUTHORIZING THE
APPROPRIATION OF ALL FEDERAL AND STATE FUNDS WHEN
RECEIVED.
WHEREAS, the City is an entitlement recipient of Federal formula HUD grant
programs as follows: Community Development Block Grant (CDBG) funds, and HOME
Investment funds (HOME); and
WHEREAS,the City expects to continue to receive entitlement funds from these
grant programs to operate the City's housing and community development activities;and
WHEREAS,the One-Year Action Plan for Federal funds is a requirement under
the U.S. Department of Housing and Urban Development(HUD)formula grant programs,
which include the Community Development Block Grant(CDBG) Program and the HOME
Investment Partnership (HOME) Program; and
WHEREAS, the attached One-Year(FY 2013/2014)Action Plan is based upon
the City's Federal entitlement of $953,576 in CDBG Program funds and $69,332 of
CDBG prior year CDBG funds, $469,525 in HOME Program funds and $503,045 of prior
year uncommitted HOME funds; and
WHEREAS, the City will be receiving $21,895 in SHIP FY 2012/2013 (non-
Federal) funds; and
WHEREAS, the City will be receiving $15,000 of Value Added Enhancement
funds for Marine and Child-Related Recipients; and
• WHEREAS, the City will amend its FY 1994-2011 Action Plans; and
WHEREAS, a comprehensive planning phase was initiated by the City on March
28, 2013, with the issuance of two Request for Applications (RFA), one for CDBG and
one for HOME and SHIP combined; and
WHEREAS, meetings of the Community Development Advisory Committee
(CDAC) were held on May 1 , May 8, and May 30, 2013, respectively, to review, rank
and make recommendations regarding nineteen (19) written applications received for
CDBG funds and two (2) written applications for HOME funds; and
WHEREAS,the sole application for SHIP funds was deemed responsive and in
compliance with State SHIP rules; and
WHEREAS, the resulting CDBG and HOME. recommendations have been
incorporated in the attached One-Year (FY 2013/2014) Action Plan; and
WHEREAS, a draft One-Year (FY2013/14) Action Plan was made available to
the public for a 30-day public review and comment period; from June 13, 2013, through
July 12, 2013, and two public meetings were held on May 30, 2013, and June 19, 2013,
to obtain citizen input and determine the priorities and needs for housing and community
development; and
WHEREAS, while CDBG funds are primarily used to provide vital public services,
housing activities, code enforcement, youth centers and senior centers, HOME Program
funds have been used for affordable rental housing activities and first time
homeownership opportunities; and
WHEREAS, the City is required to set aside a minimum of 15% of its HOME
funds allocation to a qualified Community Housing Development Organization (CHDO)
project; and
WHEREAS, the City Manager is the HUD designated agent for all formula
grants, and executes the grant applications, the Agreements, and other applicable HUD
documents on behalf of the City, and
WHEREAS, the One-Year Action Plan must be submitted to HUD no later than
August 15, 2013.
•
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the City's One-Year Action Plan for Federal Funds for Fiscal
Year 2013/2014, which includes the budgets for the Community Development Block
Grant (CDBG) Program, the HOME Investment Partnership (HOME) Program and the
SHIP program; amend the FY 1994-2011 Action Plans; authorize the City Manager to
make minor non-substantive changes to the One-Year Action Plan or resulting
agreements before execution (which may be identified during the finalization and/or
review process and which do not affect the purpose, scope, approved budget and/or
intent of the Plan); authorize the City Manager to extend the expiration dates of said
agreements when necessary; authorize the City Manager to execute all applicable
documents and submit the One-Year Action Plan to the U.S. Department of Housing and
Urban Development (HUD); further authorizing the Mayor and City Clerk to execute
agreements for sub-recipients of CDBG, HOME, SHIP and Value Added Enhancement
funds; and authorizing the appropriation of all Federal and State funds when received.
JO PPASSED AN®A►®OPTS® than 1PI day of , 2013.
ATTEST:
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APPROVED AS TO
FORM&LANGUAGE
&FOR CUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Adopting the One-Year Action Plan for FY 2013-2014,which includes the budgets for the Community Development Block Grant
(CDBG)Program,the HOME Investment Partnerships program(HOME),and the State Housing Initiatives Partnership program (SHIP);
amending the FY 1994-2011 Action Plans to allocate prior years'uncommitted funds;authorizing the City Manager to execute all applicable
Action Plan documents;authorizing the Mayor and City Clerk to execute agreements for sub-recipients;and authorizing the appropriation of
all Federal and State funds when received.
Key Intended Outcome Supported:
Sustainability initiatives.Affordable housing for the labor force.
Supporting Data(Surveys,Environmental Scan,etc.): Based on the 2012 Community Satisfaction Survey,66%of residents gave
the City positive marks for its efforts to be a green or sustainable.34%of businesses rated lack of affordable housing in Miami Beach
for their labor force as their most important challenge.
Issue:
I Shall the City adopt the One-Year Action Plan for FY 2013-2014 in substantially the attached form?
Item Summary/Recommendation:
The City has been awarded its Fiscal Year 2013-2014 entitlements from the State and Federal governments.The Federal government has
awarded the City$953,576 for its CDBG program and$469,525 for its HOME program.In addition,the City has$69,332 from prior years'
unexpended CDBG funds and$503,045 from prior years'uncommitted HOME funds.The State's FY 2012/13 SHIP allocation is$21,895.
The City issued two Requests for Applications(RFA)on March 28,2013 for the award of eligible entitlement funds.One RFA addressed the
use of CDBG funds for public services and eligible capital projects. The second RFA was for affordable housing funding from HOME and
SHIP,and sought only affordable housing applications as required. Nineteen(19)applications were received for the CDBG funds,and two
(2)applications were received for HOME funds.One(1)application was received for SHIP funds.
Eleven(11)public service applications were received.The public service applications were for childcare,youth services,home delivered
meals for persons with HIV/AIDs,housing-based public services,handicapped services,senior meals,and senior services.Public services
were identified as a high-priority need in the recently approved FY 2013-2017 Consolidated Plan.The Community Development Advisory
Committee(CDAC)also identified public services as a high priority need.The Boys and Girls Clubs of Miami,Food for Life Network,Inc.,
Jewish Community Services,Little Havana Activities&Nutrition Centers of Dade County,Inc.,Log Cabin Enterprises,Miami Beach CDC
(MBCDC),RAIN Parents,Inc.,UNIDAD Miami Beach,Inc.and the City's Office of Community Services are being recommended for funding.
RFA applications were reviewed by the Administration and CDAC. Presentations were made to CDAC by all applicants for CDBG and
HOME funding. The applications were ranked according to their impact on the Consolidated Plan,project description,specific goals,budget
analysis,and leveraging of funds. After review and deliberations between the Administration and CDAC,the recommendation was to fund
sixteen(16)activities with CDBG funds as incorporated in the proposed One-Year Action Plan which is due to HUD by August 15,2013.
Carrfour Supportive Housing and Miami Beach Community Development Corporation submitted applications for housing projects.Canfour
proposes to rehabilitate the Harding Village Apartments located at 8520 Harding Avenue.MBCDC proposes to utilize available HOME project
funds to fill a funding gap in the London House II project,located at 1975 Washington Avenue.MBCDC,the sole respondent,also proposes
to utilize available SHIP funds for home-buying activities.The City is currently conducting project and file audits of MBCDC.At this time,the
Administration recommends that its proposed awards are made pending completion and satisfactory review of these efforts.
In accordance with HUD's Citizen Participation Process requirement,the proposed One-Year Action Plan for the allocation and use of CDBG
and HOME funds was advertised and posted on the City's website for a 30-day public comment period from June 13 through July 12,2013.
Furthermore,after being duly advertised,a meeting to collect public input was held on June 19,2013. No further public comments have
been received.
Advisory Committee Recommendation:
The Community Development Advisory Committee(CDAC)met as follows approved the final recommendations at its May 30,2013 meeting.
•
Financial Information:_
Source of Funds: Amount Account
1 $953,576 CDBG Allocation FY 2013-2014
2 $69,322 CDBG Prior Year
3 $469,525 HOME Allocation FY 2013-2014
4,11 4 $503,045 HOME Prior Year Uncommitted Funds
5 $21,895 SHIP FY 2012-2013
OBPI Total $2,017,363
Financial Impact Summary:Federal CDBG and HOME funding,as well as State SHIP funds,will be allocated to the City of Miami Beach
and the City will allocate the FY 2013-2014 entitlements to projects and sub-recipients.
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director Astant City Manager City Manager
MRJ KGB .. /D JLM
Agenda Item C7 V
Date 7-11-R
MIAMI EACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfi.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me i bers of t - City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAYO'! AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE CITY'S ONE-YEAR ACTION PLAN FOR
FEDERAL FUNDS FOR FISCAL YEAR 2013/2014, WHICH INCLUDES THE
BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG), THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME), THE
FISCAL YEAR 2012/2013 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM AND VALUE ADDED ENHANCEMENT FUNDS; AMENDING THE 1994-
2011 ACTION PLANS, AUTHORIZING THE CITY MANAGER TO MAKE MINOR
NON-SUBSTANTIVE CHANGES TO THE ONE-YEAR ACTION PLAN OR
RESULTING AGREEMENTS BEFORE EXECUTION (WHICH MAY BE IDENTIFIED
DURING THE FINALIZATION AND/OR REVIEW PROCESS, AND WHICH DO NOT
AFFECT THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE
PLAN); AUTHORIZING THE CITY MANAGER TO EXTEND THE EXPIRATION
DATES OF SAID AGREEMENTS WHEN NECESSARY; AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE
ONE-YEAR ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD); FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF CDBG,
HOME AND SHIP FUNDS; AND AUTHORIZING THE APPROPRIATION OF ALL
FEDERAL AND STATE FUNDS WHEN RECEIVED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is a HUD-designated entitlement community, as determined by the
decennial census information on population growth lag, age of housing stock, and poverty. The
City of Miami Beach has been a CDBG entitlement city since 1975. The HOME Program, also
funded by HUD, was started in 1992 to provide funding specifically for affordable housing. HUD
allocates these funds "to strengthen public/private partnerships and to expand the supply of
decent, safe, sanitary, and affordable housing with primary attention to rental housing, for very
low- income families."
As an entitlement community, the City automatically qualifies for an annual allocation of Federal
funding under HUD's grant programs. HUD requires participating jurisdictions to submit an
annual One-Year Action Plan which describes how the City will utilize funding and resources to
address priority needs identified in the Consolidated Plan. The One-Year Action Plan is one
component of the Five-Year Consolidated Plan that is filed by the City with HUD. The One-Year
Action Plan follows the strategies that have been included in the 2013-2017 Five-Year
Consolidated Plan. CDBG funds have been primarily used to provide vital public services,
Commission Memorandum—FY 2013/2014 Action Plan
July 17, 2013
Page 2 of 6
housing activities, code enforcement, and improvements to public facilities, such as youth
centers and senior centers, while HOME and SHIP funds have been used for affordable rental
housing activities and first time homeownership opportunities.
The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida
Housing Finance Corporation (FHFC), was established by the 1992 William E. Sadowski
Affordable Housing Act to stimulate the production of affordable housing statewide. Annually,
FHFC allocates SHIP Program funds among participating jurisdictions on a formula basis. The
City has participated in the SHIP Program since FY1995-1996. The City had historically
received approximately $500,000 a year in SHIP funds, of which 90% had been allocated to
provide program-eligible activities to income-eligible persons. However, in recent years the
State has reallocated the SHIP Trust funds to other uses in the State's General Fund. As a
result, funding for FY2009-2010, FY2010-2011, and FY2011-2012 was reduced to $43,691, $0,
and $42,524, respectively. Originally, the allocation for FY2012/2013 was $0. However, on
January 11, 2013, the City was notified that as a result of the State recapturing unexpended
funds that were previously set-aside for disaster recovery, the City would receive $21,895 that
should be considered its FY 2012/2013 allocation. The use of the SHIP funding is outlined and
governed by the City's Local Housing Assistance Plan (LHAP), which must be approved by
FHFC.
Staff conferred with HUD representatives to request permission to utilize any prior year unspent
funds from CDBG to re-allocate for project costs. After receiving HUD's approval, the
Administration included those funds in the RFA process to be allocated for capital projects and
affordable housing.
The HOME Program rules require each entitlement community to reserve a minimum of 15% of
its annual allocation for activities undertaken by qualified Community Housing Development
Organizations. A Community Housing Development Organization (CHDO) is a private nonprofit,
community-based service organization that has identified the development of affordable housing
as a primary mission, and has the capacity to develop affordable housing in the community it
serves. A CHDO must meet certain requirements pertaining to its legal status, organizational
structure, capacity and experience. Historically, the only certified CHDO in Miami Beach is the
Miami Beach Community Development Corporation (MBCDC). However, another community
development organization, CarrFour Supportive Housing (CarrFour), is being evaluated for
certification as a CHDO.
This fiscal year, the total available funds for distribution are as follows:
Community Development Block Grant
FY13-14 Entitlement estimated by HUD ..$953,576
Less administrative allowance (20%) .-$190,715
Less set-aside for CDBG Code Enforcement...- $90,000
Net FY 13/14 funds available for distribution $672,861
Prior year recaptured funds ,.$69,332
Total available for allocation $742,193
HOME •
FY 13-14 Entitlement estimated by HUD $469,525
Less administrative allowance (10%) -$46,953
Less minimum 15% CHDO project set-aside -$70,429
Less maximum 5% CHDO admin. set-aside .-$23,476
Net FY 12/13 funds available for project allocation $328,667
P.!
Commission Memorandum—FY 2013/2014 Action Plan
July 17, 2013
Page3of6
SHIP
FY 12-13 Entitlement estimated by State $21,895
Less administrative allowance (10%) -$2,189
Net funds available for project allocation $19,706
On March 28, 2013, the Administration issued two RFAs with a submission deadline of April 26,
2013; one RFA included the available CDBG funds; the other was a combined RFA that
included available HOME and SHIP funds.
ANALYSIS
CDBG Funds
The available CDBG allocation is $742,193, which includes an additional $69,332 of recaptured
funds. The City received nineteen (19) written proposals for these funds for an aggregate
amount of $1,637,913. These proposals were reviewed by the Administration and CDAC, and
ranked according to: their impact on the Consolidated Plan; project description; specific goals;
budget analysis; and leveraging of funds.
The following factors were taken into consideration when determining funding awards: 1) the
level of impact according to the Consolidated Plan; 2) project description of activities; 3)
attainment of performance measures and program outcomes; 4) organizational capacity and
experience; 5) budget analysis; and 6) the organization's ability to leverage additional non-
CDBG sources of funding for project activities. All agencies that submitted responsive
proposals were asked to make project presentations before the CDAC and City staff. The
presentations were followed by a question and answer session which allowed the CDAC
members and City staff the opportunity to learn additional information about the agencies and
their respective programs. All of this information was utilized to rank and make appropriate
funding recommendations, which form the basis of the Action Plan. The resulting
recommendations have been incorporated in the draft One-Year Action Plan for FY 2013-2014
and are summarized in the attached Exhibit 1.
As in previous years, given the limited amount of CDBG resources available (capped by Federal
regulations), the CDAC and the Administration had to make difficult decisions regarding funding
recommendations for a number of organizations and projects. Consensus recommendations
were reached and are consistent with the priority needs areas as identified by the Commission,
the community, and the Consolidated Plan. The main priorities include those activities
addressing and serving elderly, youth, health services including persons with AIDS,
homelessness, affordable housing, and public facilities. More specific information is provided
below.
Public Service Activities
A maximum of fifteen percent (15%) of the entitlement allocation may be awarded to public
service activities. Public service activities include meals programs, after school programs, etc.,
for income-eligible participants. A total of $143,036 was available for public service funding.
Eleven (11) applications were received for a total of $345,977 in requests. The following seven
(7) subrecipients, providing a total of seven activities, are being recommended for Public
Service funding:
Commission Memorandum—FY 2013/2014 Action Plan
July 17, 2013
Page4of6
`Public Services Provider Amount
- _ -Recommended
Bo s & Girls Clubs of Miami $14,500
Cit of Miami Beach—Emer•enc Services $20,222
Food for Life Network $13,500
Jewish Communit Services of S. Florida $23,814
Little Havana Activities & Nutrition Centers $25,000
Los Cabin Enters rises $10,000
Miami Beach Communit Develo•ment Cor•oration $14,500
RAIN Parents, Inc. $13,000
UNIDAD of Miami Beach $8,500
Total Public Service Allocations $143,036
Capital/Community Development
CDBG funding was also requested for activities that include the rehabilitation of affordable
housing buildings and other eligible capital improvements. $599,156 was available for other
CDBG eligible capital activities. A total of seven (7) applications were received for $775,450 in
requests. Seven (7) projects were recommended for funding. They include:
Capital/Community,Development Provider - Amount
- Recommended
Douglas Gardens CMHC — Mayfair House Apartments $30,500
Im•rovements
HACMB— Energ Efficient Lighting $40,000
JCS— Miami Beach Senior Center Ca•ital Im•rovement $100,000
MBCDC— London House II A•artments $67,318
MBCDC - Barcla Apartments Rehabilitation $179,747
MBCDC—Scattered Sites ADA Corn•fiance °$121,085
MBCDC— Multifamil Housin• Pros ram $60,506
Total CDBG Housin•/Ca,•ital Allocations $599,156
Other
The balance of the available FY13/14 CDBG allocation is used as follows: $90,000 is being set
aside to fund code compliance services; and, in order to effectively implement and monitor the
CDBG program, $190,715 (20% of the entitlement as allowed by HUD) was allocated for
administrative and operational expenses.
HOME Funds
The available HOME project allocation is $328,667. To ensure that any RFA requirements could
be clarified and any questions relating to the completion and submission of an application could
be addressed, a mandatory pre-submission meeting was held on April 10, 2013. Two (2)
applications, each requesting the full amount of available HOME funds, were timely received
and reviewed by the Administration and the Community Development Advisory Committee
(CDAC). They were also ranked according to their impact on the Consolidated Plan; project
description; specific goals; budget analysis; leveraging of funds; and organizational experience
and capacity. Both organizations that submitted responsive proposals were asked to make
•
Commission Memorandum—FY 2013/2014 Action Plan
July 17, 2013
Page 5 of 6
project presentations before the CDAC and City staff. The presentations were followed by a
question and answer session which allowed the CDAC members and City staff the opportunity
to ascertain additional information about the agencies and their respective programs. All of this
information was utilized to rank and make appropriate funding recommendations, which form
the basis of the Action Plan. The resulting CDAC and staff recommendations have been
incorporated in the draft One-Year Action Plan for FY 2013-2014 and are summarized in the
attached Exhibit 1.
Projects
CarrFour requested funding for its 94-unit Harding Village affordable rental housing project
located at 8540 Harding Avenue. This property, which is currently occupied, provides affordable
housing for formerly homeless and low-income individuals (including veterans) that has fallen
into disrepair and is in need of rehabilitation. The Administration is proposing to allocate the
remaining balance of HOME project funds, in the amount of$228,667, to this project.
MBCDC requested funding for its 18-unit London House II affordable rental housing
rehabilitation project located at 1975 Washington Avenue. This is a total rehabilitation of the
property that was vacant and boarded up. Additionally MBCDC, which at the time of application
was the only CHDO in Miami Beach, was eligible to receive the minimum required project set-
aside of 15% of annual HOME funds. The Administration is proposing to allocate $100,000 of
HOME project funds, plus the required CHDO set-aside of $70,429 to MBCDC to fill its funding
gap in this project. The City is currently conducting project and file audits of MBCDC. At this
time, the Administration recommends that its proposed awards are made pending completion
and satisfactory review of these efforts.
Other
The City is allowed to set-aside up to five (5%) percent of its HOME fund allocation to assist
with the operating expenses of a qualified CHDO, to provide staff development and encourage
capacity-building. MBCDC will receive the CHDO set-aside for operating expenses of$23,476.
For FY2013-2014, $46,953 of HOME funds (10% of entitlement funds) is being allocated to
Housing and Community Development Staff for administration and required Fair Housing
activities.
SHIP Funds
The SHIP allocation for FY 2012-2013 is $21,895. The SHIP program follows the strategies that
• are outlined in the Local Housing Assistance Plan (LHAP) and the funds are primarily used for
income-eligible homeownership activities, such as down payment/closing cost assistance and
owner-occupied home rehabilitation. After deducting the City's allowable administrative
expenses of ten (10%) percent, the available $19,706 was included in the previously described
Combined RFA. At the close of the application period, the only submission received for the
available funds was from MBCDC for its existing Homeowner Assistance Program to assist
eligible individuals/families acquire and/or repair existing homes.
Value Added Enhancement Funds
An additional $15,000 of Value Added Enhancement Funds was available for marine-related
and children-related recipients. CDAC and the Administration recommend funding Teen Job
Corps for $13,000 to employ low income resident youth and Sunflower Society for $2,000 to
•
I
Commission Memorandum—FY 2013/2014 Action Plan
July 17, 2013
Page 6 of 6
serve additional youth with arts programming.
PUBLIC COMMENTS
As required by HUD, a draft of the One-Year Action Plan was made available to the public for a
30-day comment period commencing on June 13, 2013, and ending July 12, 2013. US HUD
now requires the One-Year Action Plan to be entered into its Integrated Disbursement
Information System (IDIS). (See Exhibit 1) Additionally, a public meeting to hear public
comments was held on June 19, 2013. There were no attendees or public comments.
CONCLUSION
Most of the activities described in the One-Year Action Plan will take place in City-designated
community development target areas which contain census tract/block groups that have greater
than 51% of households with incomes at or below 80% of the median income and continue to
be a priority for allocation of CDBG, HOME, and SHIP resources.
As in previous years, the City received funding requests that exceeded its entitlement
allocations. Recommendations on allocations are based on staff review and analysis, as well as
the review and input of CDAC.
The Administration recommends that the Mayor and City Commission approve the attached
resolution adopting the One-Year Action Plan for FY 2013-2014 in substantially the attached
form, to allow the City to draw down entitlement funds to assist income eligible persons with
services and housing, and approve the allocation of the FY 2012-13 SHIP funds to the sole
bidder for its homeowner program.
JLM/KGB/M BG
T:\AGENDA\2013\July 17\HUD FY 13 14 Action Plan Memo.docx
Interdepartmental Memorandum of Understanding
Between the City of Miami Beach
Office of Housing and Community Services
and the City of Miami Beach Capital Improvement Projects Office
THIS MEMORAMD M OF UNDERSTANDING ("MOU" and/or the "Agreement")
is made this ay day of �rm6e,r , 2014, between the City of Miami Beach Office
y �' y
of Housing and Community Services ("HCS"), and City of Miami Beach Capital
Improvement Projects Office (Provider").
WHEREAS, HCS has determined, through its One-Year Action Plan for federal
funds for Fiscal Year 2013/2014, the necessity for engaging the Provider to render the
following project in Miami Beach: The London House Apartments Rehabilitation, located
at 1965 &1975 Washington Ave. Miami Beach, Fl 33139; and
WHEREAS, the Provider is providing services for a high priority need identified in
the City's FY 2013-2017 Consolidated Plan approved by the City Commission on June
5, 2013.
NOW, THEREFORE, in consideration of the mutual benefits contained herein,
HCS and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this
Agreement and four(4) Exhibits, all of which are incorporated by reference
into 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, and as summarized as follows:
Construction Management Services:
Project oversight for the Design/Build Services of the London House
Apartments Rehabilitation & Restoration Project
Section 3. Agreement Amount: HCS agrees to make available Community
Development Block Grant (CDBG) funds in the amount of$666,599.00 for
use by the Provider during the Term of the Agreement.
Section 4. Alterations: Any proposed alterations in the Program including, without
limitation, the Budget in Exhibit C, shall first be submitted, reviewed, and
approved in writing by the City Manager.
Section 5. Method of Payment and Reporting Requirements: The Provider agrees
to submit monthly Project Status Reports describing the progress made by
Provider in achieving the objectives identified in the Scope of Services,
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and shall include photographs of recent progress. The status report shall
be submitted no later than ten (10) days after the end of each month.
Other reporting requirements may be required by HCS in the event
legislative amendments are enacted or as the City Manager may
reasonably deem necessary. The provider shall be informed, in writing, if
any changes become necessary.
Section 6. Monitoring: HCS, at its discretion, shall schedule no less than one (1)
annual on-site monitoring visit with the Provider to evaluate the progress
and performance of the Program and to provide technical assistance; a
desk top review of the activities may be conducted in lieu of an on-site
visit.
Section 7. Additional Conditions and Compensation - It is expressly understood
and agreed by the parties hereto that monies to be used by Provider for
compensation, as contemplated by this Agreement, originate from grants
of CDBG funds from the U.S. Department of Housing and Urban
Development (HUD) and must be implemented in full compliance with all
of HUD's rules and regulations. It is expressly understood and agreed that
in the event of curtailment or non-production of said federal funds, the
financial sources necessary to continue to pay the Provider all or any
portions of the funds contemplated herein will not be available, and that
this Agreement will thereby terminate effective as of the time that it is
determined by the City Manager, in his sole discretion and judgment, that
said funds are no longer available.
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.
Section 9. Subcontract: No part of this Agreement may be assigned or
subcontracted.
Section 10. Term: This Agreement shall be deemed to have commenced on May 1,
2014 and shall terminate on Dec 1, 2015.
Section 11. Termination of Agreement:
11.1 Termination for Convenience: HCS and Provider agree that the
City Manager may terminate this Agreement, for convenience and without
cause, upon written notice to the parties, at least thirty (30) days prior to
the effective date of such termination. In the event of such termination for
convenience, HCS shall cease any payments to Provider for costs
resulting from obligations, which were not properly incurred before the
effective date of termination. Additionally, Provider shall be solely
responsible for submitting a final report, as provided in Section 5 of the
Agreement, detailing all Program objectives, activities and expenditures
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up to the effective date of the termination. Said "final report" shall be due
within five (5) working days following the effective date of the termination.
Upon timely receipt of Provider's "final report", HCS, at its sole discretion,
shall determine the amount (if any) of CDBG funds to be returned to HCS
as a result of any incomplete Program items and/or items not
satisfactorily performed, and shall provide Provider with written notice of
any monies due. Said monies shall be due immediately and payable
upon receipt of such notice by Provider.
11.2 [Intentionally omitted]
11.3 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 such funds are no
longer available. Costs of the Provider resulting from obligations incurred
after termination are not allowable unless HCS expressly authorizes them
in the notice of termination, or subsequent thereto. Other costs after
termination which are necessary and not reasonably avoidable are
allowable if, in the sole discretion of HCS:
a. The costs resulting from obligations which were properly
incurred before the effective date of termination, are not in
anticipation of it, and, in the case of termination, are
noncancelable; and
b. The costs would be allowable if the award expired normally at
( the end of the funding period in which the termination takes
effect.
Section 12. 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 13. Program Income: [Intentionally deleted]
Section 14. Religious Organization or Owned Property: [Intentionally deleted]
Section 15. Reversion of Assets: In the event of a termination of this Agreement
pursuant to Section 12 herein, or upon expiration of the Agreement, the
Provider shall transfer to HCS any CDBG funds on hand at the time of
termination or expiration and any account receivable attributable to the
use of CDBG funds. -
Section 16. 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,
Page 3 of 7
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
paragraph:
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(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:
Page 4 of 7
•
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 17. [Intentionally deleted]
Section 18. 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 Community Development
Block Grant Program, and all 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; and
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 year period,
the records will be maintained until all litigation, claims or audit findings
involving these records are resolved. HCS shall be informed in writing
Page 5 of 7
after closeout of this Agreement, of the address where the records are to
be kept.
Section 19. Audits and Inspections: At any time during normal business hours, and
as often as City and/or Federal Government 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.
Section 20. 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 Federal, State, County and City of Miami
Beach statutes, regulations, ordinances or resolutions governing conflicts
of interest. The Provider shall disclose, in writing, to HCS 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. HCS will then render an opinion, which shall be
binding on both parties.
Section 21. 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.
Section 22.• Notices: All notices required under this Agreement shall be sent to the
parties at the following address:
City: Jimmy L. Morales, City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Maria L. Ruiz, Director
Housing and Community Services
City of Miami Beach
555 17th Street
Miami Beach, FL 33139
Provider: David Martinez, Director
Capital Improvement Projects Office
City of Miami Beach
1701 Meridian Ave, 3rd Floor
Miami Beach, FL 33139
Page 6 of 7
I,
IN WITNESS WHEREOF, THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY OF MIAMI BEACH OFFICE OF
COMMUNITY SERVICES have executed this Agreement as of the day and year first written
above by their duly authorized representatives.
CITY OF MIAMI BEACH OFFICE OF COMMUNITY SERVICES
C �.a Date:
kolcP
Maria L. ui ector
CITY OF MI MI BEAC CAPITAL IMPROVEMENT PROJECTS OFFICE
Date: SiZgbY
David Martinez, Director
CITY OF MIAMI BEACH
( a Florida Municipal corporation:
ATTEST: 'J
ity Clerk • City anager
teL C VLS4-r—�r►c
� Jim _, L. Morales
Print Name Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
g-LD4(1/S— i`f1- 1
City Attorney Ayi- Date
Page7of7