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Interdepartmental Memorandum of Understanding with the Office of Housing and Community Development (3)
a o 5 02 r04 Interdepartmental Memorandum of Understanding Between the City of Miami Beach Office of Housing and Community Development and the City of Miami Beach Office of Housing and Community Services THIS MEMORANDLVI, OF UNDERSTANDING ("MOU" and/or the "Agreement") is made this (, day of 11 ek7 , 2016, between the City of Miami Beach Office of Housing and Community Development, a Division of the Office of Housing and Community Services ("HCD"), and City of Miami Beach Office of Housing and Community Services ("Sub -Recipient"). 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 Partnership 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 residents; and WHEREAS, on July 8, 2015, the City Commission approved Resolution No. 2015-29080, approving the One -Year Action Plan for Federal Funds for FY 2015/2016, and determined the necessity for engaging the Sub -Recipient to render the following project in Miami Beach: Lottie Apartments Rehabilitation and Relocation of tenants while the rehabilitation takes place; and WHEREAS, although the amount allocated for this project via Resolution No. 2015-29080 was $311,049, due to a reduction in the final City allocation, the funds available for the project are: THREE HUNDRED FIVE THOUSAND AND FORTY SEVEN DOLLARS AND EIGHTY FOUR CENTS ($305,047.84) of CDBG funds; and WHEREAS, the One -Year Action Plan for FY 2015/2016 was made available to the public for comment at City Commission meeting on July 8, 2015; and for a 30 -day public review and comment period, from July 9, through August 7, 2015; and WHEREAS, the Sub -Recipient 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 via Resolution No. 2013-28237 on June 5, 2013. NOW, THEREFORE, in consideration of the mutual benefits contained herein, HCD and Sub -Recipient agree as follows: Section 1 Agreement Documents: Agreement documents shall consist of this Agreement and six (6) Exhibits, all of which are incorporated by reference into this Agreement; • Exhibit A - Scope of Services • Exhibit B - Documentation Page 1 of 8 • Exhibit C - Budget • Exhibit D - Financial Management for CDBG Funded Activities • Exhibit E - Monitoring Checklist • Exhibit F - HUD Compliance Forms Section 2. Statement of Work: The Sub -Recipient agrees to implement the Program in accordance with Exhibits A and B, summarized as follows: This project is to be developed in two phases: 1. Securing of an Architect/Engineer firm to determine the extent of repairs needed at the Lottie Apartments and to provide the design, repair specifications, and repair costs for permitting and bidding purposes. 2. Securing a General Contractor for the rehabilitation of the Lottie Apartments. Sub -recipient responsibilities in its Project Management role include but are not limited to: reviewing repair design specifications and construction management; processing payment disbursement requests, and ensuring project compliance with all rules and regulations by the City vendor selected through the Procurement process. Section 3. Agreement Amount: HCD agrees to make available Community Development Block Grant (CDBG) Funds, in the amount of $305,047.84 for use by the Sub -Recipient 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 Sub -Recipient agrees to submit monthly Project Progress and Financial Status Reports describing the progress made by Sub -Recipient in achieving the objectives identified in the Scope of Services, 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. As part of the "Final Report", the Sub - Recipient also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities, expenditures, and including, but not limited to, performance date on client feedback with respect to the goals and objectives outlined in Exhibit A. Other reporting requirements may be required by HCD in the event legislative amendments are enacted or as the City Manager may reasonably deem necessary. The Sub - Recipient shall be informed, in writing, if any changes become necessary. Section 6. Monitoring: HCD, at its discretion, shall schedule no less than one (1) annual on-site monitoring visit with the Sub -Recipient to evaluate the progress and performance of the Program and to provide technical assistance using the monitoring checklist attached as Exhibit E. Page 2 of 8 Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the parties hereto that monies to be used by Sub -Recipient for compensation, as contemplated by this Agreement, originate from 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 Sub -Recipient 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 Sub- Recipient 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 Sub -Recipient will comply with all State and local (City and County) laws and ordinances hereto applicable. Section 9. Subcontract: Sub -recipient shall not subcontract, assign, or transfer all or any portion of any work and/or service under this MOU without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. Notwithstanding the foregoing, Sub -recipient shall be permitted to assign and subcontract the work and/or services under this MOU to the Architect/Engineering firm and General Contractor selected as part of the scope of work. Section 10. Term: This Agreement shall commence on the date of the last signature executing the agreement and shall terminate on September 30, 2016. Section 11. Termination of Agreement: 11.1 Termination for Convenience: HCD and Sub -Recipient 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, HCD shall cease any payments to Sub - Recipient for costs resulting from obligations, which were not properly incurred before the effective date of termination. Additionally, Sub - Recipient shall be solely responsible for submitting a final report, as provided in Section 5 of the Agreement, 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 the termination. Upon timely receipt of Sub -Recipient's "final report", HCD, at its sole discretion, shall determine the amount (if any) of CDBG funds to be returned to HCD as a result of any incomplete Page 3 of 8 Program items and/or items not satisfactorily performed, and shall provide Sub -Recipient with written notice of any monies due. Said monies shall be due immediately and payable upon receipt of such notice by Sub - Recipient. 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 Sub -Recipient resulting from obligations incurred after termination are not allowable unless HCD 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 HCD: 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 Sub -Recipient 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: [Intentionally deleted] Section 16. Conformity to HUD regulations: The Sub -Recipient 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 Sub - Recipient agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Sub -Recipient that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Sub -Recipient 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 Sub- Recipient- - 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 Page 4 of 8 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: i. In all cased in which equipment is sold, the proceeds shall be program (pro -rated to reflect the extent to which CDBG fund were used to acquire the equipment); and ii. 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: i. The retention period reference in 84.53 (B) pertaining to individual CDBG activities shall be four years; and ii. 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; Page 5of8 10)Section 84.61, "Termination" — In lieu of the provisions of 84.61, CDBG sub -recipients shall comply with 570.503(b)(7); and d. Subpart D - "After -the -Award Requirements" - except for 84.71, "Closeout Procedures". Section 17. Sponsorships: [Intentionally deleted] Section 18. Examination of Records: The Sub -Recipient 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 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 Sub -Recipient 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. HCD shall be informed in writing 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 Sub -Recipient shall make available all records, documentation, and any- other data relating -to all matters covered by the Agreement for review, inspection or audit. Page 6 of 8 Section 20. Conflict of Interest: The Sub -Recipient 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 Sub - Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub -Recipient 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 Sub -Recipient shall disclose, in writing, to HCD 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. HCD 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: Sub -Recipient: Jimmy L. Morales, City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Maria L. Ruiz, Director Office of Housing and Community Development, a Division of the Office of Housing and Community Services City of Miami Beach 555 17th Street Miami Beach, FL 33139 Maria L Ruiz, Director Office of Housing and Community Services City of Miami Beach 555 17th Street Miami Beach, FL 33139 Page 7 of 8 IN WITNESS WHEREOF, THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT, A DIVISION OF THE OFFICE OF HOUSING AND COMMUNITY SERVICES 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 HOUSING AND COMMUNITY DEVELOPMENT, A DIVISION OF THE OFFICE OF HOUSING AND COMMUNITY SERVICES C Maria LCF_!IIL Dector Date CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY SERVICES aeL athie G.00ks, Assistant City Manager On behalf�of the Office of Housing and Community Services. CITY OF MIAMI BEACH, a Florida municipal corporation ATTE %Ib Date / Raiel E. Granado4iCity'G,Irk :INCCRP F:IRHCD\$ALLIHSG-CDICMG ICDBG FY 2015 2016\Capital ProjectslLottle Apartments Rehabilitation\MOU HCD Lottie CDBG Funds.docx APPROVED ASTO FORM & LANGUAGE & FO` X UTION Page 8 of 8 City Attorney Dote EXHIBIT "A" "SCOPE OF SERVICES" The Sub -Recipient agrees to provide the following: Servi ®o ur�lteritation ervice Rehabilitate a residential building Structural repair and • Certificate of Completion for use as affordable housing rehabilitation of 9 residential • Copy of Final Inspection Log units 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 10th of the following month regardless of whether or not funds are requested. The report delineates project expenses incurred including non -City funds and must include the corresponding evidence of expense incurred for any expense which is being submitted for reimbursement. Monthly Proformas — All Capital projects with multiple (more than one) funding sources require the submission of monthly proformas to the City. Professional Services Contracts - Professional services funded through this Agreement must adhere Page 1 of 46 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 ten percent (10%) of appropriate expenses in the form of a retainage. until fifty percent of project completion ("50 percent completion") and five percent (5%) thereafter. The retainage shall be reduced to five percent (5%) of each progress payment made to provider. Section 3 Compliance — Any Agreement greater than $100,000 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) on a quarterly basis. Service Deliverables Services must be delivered as follows: rvi ce. nit}o rvice e vice oca ion IMO rarnc 1. Securing of an Architect/Engineer firm to prepare construction documents needed for permits and construction 2. Securing a General Contractor for the rehabilitation of the Lottie Apartments. 1. NE Documents a. Verification/Data Gathering b. Design Development c. Contract Documents d. Permitting/Bidding e. Contract Administration f. Special Inspector 2. Procurement of GC a. ITB to secure a general contractor to rehabilitate the Lottie Apartments. b. Rehabilitation Project 530 75 Street, Miami Beach, Florida 33141 Date of the last signature executing the agreement to 09/30/2016 Page 2 of 46 Service Benchmarks ervice one mar s 1. Architect/Engineer firm to determine the extent of repairs needed at the Lottie Apartments and to provide the design, repair specifications, and repair costs for permitting and bidding purposes. 1. 2. General Contractor to carry the structural 2. repairs and rehabilitate the Lottie Apartment following the design specifications provided by the A/E Firm and approved by the Building Department. NE Firm Benchmarks: a. Design Plans and Specifications for Permitting and Bidding Purposes. b. Construction Building Permit c. AIA Reviews d. RFI Responses General Contractor Benchmarks: a. Secure Building Permits b. Certified Payroll c. Approved Final Permit Inspections d. Warranties e. Certificate of Completion f. Final Release of Liens g. Notice of Termination Service Documentation Services will be deemed as provided when the following documentation is provided within the noted timeframes: ervice ® aumetta Ie' u ®r rss�a ®.sa® !ne, 1. Securing of an Architect/Engineer firm to determine the extent of repairs needed at the Lottie Apartments and to provide the design, repair 2. specifications, and repair costs for permitting and bidding purposes. 2. Securing a General Contractor for the rehabilitation of the Lottie Apartments. 1. NE Documents a. Design Documents and Specifications b. Repair Costs GC Documents a. Building Permit b. Notice of Commencement c. A1A Form d. Releases of Liens e. Final Inspection Log f. Certified Payroll g. Section 3 Reports h. Certificate of Completion Submit Monthly Finance and Progress Reports after service is delivered. Reports will be submitted within the first 10 days of the following month. Applicable Federal Regulations The Sub -Recipient must apply to all applicable federal regulations including: 1. 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 Page 3 of 46 and access to program resources. This applies to employment and contracting, as well as to marketing and selection of program participants. Fair Housing and Equal Opportunity The Provider must comply with all the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. They are summarized below: • Title VI of the Civil Rights Act of 1964. As Amended (42 USC 2000d et sea.): 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 or familial status. Fair Housing Act implementing regulations may be found in 24 CFR Part 100-115. • Equal Opportunity in Housing (Executive Order 11063. as amended by Executive Order 12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 107. • Ape 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 Housina 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 . Page 4 of 46 • A description of how efforts will be assessed and what corrective actions will be taken where requirements are not met. Handicapped Accessibility The CDBG regulations also require adherence to the three following regulations governing the accessibility of Federally assisted buildings, facilities and programs. • Americans with Disabilities Act (42 USC 12131. 47 USC 155, 201. 218 and 225): Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act, also referred to as the ADA, also states that discrimination includes the failure to design and construct facilities (built for first occupancy after January 26, 1993) that are accessible to and usable by persons with disabilities. The ADA also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Removal must be readily achievable, easily accomplishable and able to be carried out without much difficulty or expense. • Fair Housing Act: Multi -family dwellings must also meet the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19) • Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap. Section 504 imposes requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Under Section 504, recipients and Sub -Recipients are not required to take actions that create unique financial and administrative burdens or after the fundamental nature of the program. For any Provider principally involved in housing or social services, all of the activities of the agency -- not only those directly receiving Federal assistance -- are covered under Section 504. Contractors or vendors are subject to Section 504 requirements only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of the Federal assistance is not subject to Section 504 requirements. • The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and Federally -funded buildings and other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. II. Employment and Contracting The Provider must comply with the regulations below governing employment and contracting opportunities. These concern equal opportunity, labor requirements and contracting/procurement procedures. Equal Opportunity The Provider must comply with the following regulations that ensure equal opportunity for employment and contracting: - - -• Equal Employment Opportunity. Executive Order 11246. as amended: Prohibits discrimination - against any employee or applicant for employment because of race, color, religion, sex or Page 5 of 46 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 Housina 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. • Minoritv/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'-71: 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. sea): Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. Contracting and Procurement Practices The CDBG program is subject to certain Federal procurement rules. In addition, the City and the Provider must take measures to avoid hiring debarred or suspended contractors or Sub -Recipients and conflict-of-interest situations. Each is briefly discussed below. • Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply. - Page 6 of 46 • 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 Paris 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. The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees, agents, consultants, officers and elected or appointed officials of the grantee (the City), state recipient or subrecipient (the Provider). The regulations state that no person covered who exercises or has exercised any functions or responsibilities with respect to CDBG activities or who is in a position to participate in decisions or gain inside information: May obtain a financial interest or benefit from a CDBG activity; or Have an interest in any contract, subcontract or agreement for themselves or for persons with business or family ties. This requirement applies to covered persons during their tenure and for one year after leaving the grantee (the City), the state recipient or Sub -Recipient (theProvider)entity. - Page 7 of 46 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. Ill. Environmental Requirements The City is responsible for meeting a number of environmental requirements, including environmental reviews, flood insurance, and site and neighborhood standards. Environmental Review The City is responsible for undertaking environmental reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-exempt activities. Private citizens and organizations may object to the release of funds for CDBG projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 - 58.77). To avoid challenges, grantees (the City) and Sub -Recipients (the Provider) should be diligent about meeting procedural requirements. Flood Insurance Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG funds shall not be provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazard, unless: The community is participating in the National Flood Insurance Program, or it has been Tess than a year since the community was designated as having special flood hazards; and flood insurance is obtained. IV. Lead-based Paint On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential Lead -Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead -Based Paint Poisoning Prevention Act of 1971, which is the basic -law covering lead-based paint in federally associated housing. Page 8 of 46 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; • 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 htto://www.hud.aov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-1785, ext. 104, or e-mail HUD at lead reaulations hud.aov. Page 9 of 46 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. Low and Moderate Household Income Limits (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 2016 Median Income for Miami -Dade Area = $48,100 Effective date 03/28/2016 $14,950 $17,050 $20,160 $24,300 $28,440 $32,580 $36,730 $40,890 $24,850 $28,400 $39,800 $45,450 $31,950 $51,150 $35,500 $38,350 $41,200 $44,050 $46,900 $56,800 $61,350 $65,900 $70,450 $75,000 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 aftereighty(80) percent of the available funds have been drawn. Page 1D of 46 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. 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 Page 11 of 46 • Leverage and fiscal soundness • Accuracy and timeliness of Monthly Progress Reports • Accuracy and timeliness of Monthly Financial Reports • Adherence to project timelines • Fulfillment of prescribed outcomes 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) Page 12 of 46 • Delivery of contracted service units Ratings will be given for each performance measure based on the following: er or n rice VG ue Rating Ra lona e •:.; core Timely and accurate submission of Monthly Progress Report Timely and accurate submissions of Monthly Financial Report (reimbursement requests) Delivery of contracted service contracted timeframe ➢ "0" for failing to submit on time ➢ "25" for submitting on time ➢ "0" for failing to submit accurate report with back-up material on time ➢ "25" for submitting accurate report on time units within Possible score of 0 to 50 based upon completion of projected service units. Score is pro -rated if total projected service units are not met. Proformas Capital projects must submit certified monthly proformas that indicate project funding sources and correlating uses. Proformas must be certified by the preparing party as well as the agency's signatory as reflected within this Agreement. Reporting Requirements The Contractor will provide the City with a Monthly Progress Report and Monthly Financial Report by the 10th of the following month. In the event that the 10th of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. The following chart depicts the submission dates for the term of this Agreement: ont A ate Subrriissfoli April 2016 May 2016 June 2016 July 2016 August 2016 September 2016 May 10, 2016 June 10, 2016 July 11, 2016 August 10, 2016 September 12, 2016 October 10, 2016 Monthly reports will be submitted via any of the following methods: • Standard mail • Hand delivery Monthly reports will not be considered acceptable unless the following is met: Page 13 of 46 • 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 percent (10%) retainage until 50 percent completion and thereafter the retainage .shall be reduced to five percent (5%) of each progress payment made to provider. Partial releases would be allowed pursuant Section 255.078 of the Florida Statutes, Final Release of Retainage will be approved once HCS receives Certificate of Completion along with all Closeout Documents, including final releases of liens from Sub-contractor(s). Retainage will be held as appropriate from all submitted reimbursement requests. Subsidy Layering Review All affordable housing projects using CDBG/HOME funds require the completion of an independent Subsidy Layering Review and underwriting. These reviews must be completed prior to the project being submitted via HUD's IDIS system and precedes the incurrence of any related funds. Therefore, no capital projects will be deemed eligible for reimbursement until the Subsidy Layering Review and underwriting have been received and accepted by the City. The expense for the Subsidy Layering Review and underwriting services are eligible for reimbursement if the project proceeds but is not eligible for reimbursement otherwise. Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty (60) days from the incurrence of the expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub -Recipient should Page 14 of 46 calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. Furthermore, at least sixty (60) percent of your allotted grant funds must be expended by June 30, 2016 as demonstrated by the total value of reimbursements processed. Capital Projects will be reviewed and judged based on their implementation schedule. 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 Page 15 of 46 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 PROCUREMENT: • Evidence of at least three (3) quotes obtained for service/item — Architect/Engineering firm • Formal sealed bid process including advertisement, scope, respondents and scoring — General contractor To DOCUMENT EXPENSES INCURRED: • A/E Documents o Verification/Data Gathering - Timesheets o Design Development — Timesheets o Contract Documents - Timesheets o Permitting/Bidding — Timesheets o Contract Administration — Timesheets o Special Inspector - Timesheets • GC Documents o Building permits (Master and subcontractors) o Recorded Notice of commencement and Notice of Termination (for capital projects only — if applicable) for GC o Subcontractors Notice to Owner o Executed and notarized AIA Forms o Executed Release of Lien GC and Subcontractors o Executed Form WH -347 — documenting Davis Bacon wages — Payroll Certificates for GC and subcontractors o Section 3 quarterly report To DOCUMENT CONSTRUCTION COMPLETION: • Final copy of the Inspections Log • Final Release of Liens • Warranties • Certificate of Completion Page 16 of 46 EXHIBIT "C" "Budget" The attached budget reflects the scope of expenses that maybe incurred through this Agreement. All expenses must comply with applicable rules and regulations including Procurement and Davis Bacon Act. Page 17 of 46 IABEACH Sub -Recipient: City of Miami Beach/Property Management CDBG FY 2015/16 Project Budget Project: Lottie Apartments Rehabilitation Please list all items that will be reimbursed by the City of Miami Beach. Personnel (Employees Only) - List Position Title Personnel Expenses atogory Totalsh =` Operating Expenses - Category Totals Operating xpenses ategory ota s Capital/Equipment Costs Construction Cost Cepitol!E j'k i anent_ osts stegor'y otah Professional Services Architecture Services Special Inspector Third Party Verifier Professional ervicec Category Totals Other Costs Building Permit Fees ther Costs Category Totall • rojoct.Total :All Categories .,,.,ami., EIFF 49,360.24 49,360.24 85,418.80 $ 33,600.00 $ 85,418.80 204,437.60 51,250.00 51,250.00 - f111,11111111111111111 305,047.84 Page 18 of 46 IA I BEACH GUIDING DOCUMENT - PENDING BID RESULTS City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov OFFICE OF HOUSING & COMMUNITY SERVICES 555 17 St,, Miami Beach, FL 33139, Tel: (305)673-7260 Fax: (305)673-7772 LOTTIE APARTMENTS BUILDING -9 APARTMENTS REMODELING PROJECT 2016, SCOPE OF WORK 'e'rmiter`treatment Foundation oncrete repair Ciean,repair and Insulate crawfinng; space,,"..:.....' Repair spalling concrete and cracks, Facade autk(ng.`extertor,window perirneteF '. °" y Windows re attachement and seal [,Exterior paint ofwtl ebbutldirn0 !Concrete side walks Seal interior floors ReYtove exisUnng.floor "Inst. vaporbarrier,att land newtileflo .r;,":. !Exterior Doors ROOF l Interior drywall repairs Bathrborn repairs, inolutdind aq fixtures Bathroom repairs, including all fixtures Replace kitchen• cabinets, HVAC - RTU HVAC jnteri_orl.UnitC....__ !Replaced carpet stair ItntettetillaIntiffeeSifis, Exterior Mail boxes IEltertor . ._ 1Landscaping !Construction Cost Estimate Sub -Total al I 750 $32.00 SF (estimate) 1,500 $ 30.00 ISF -000- 57 00 57 S 600.00 'Window 1:0,400 11,„„.„: 00.1.. 18,000 $ 6.00 ISF x,000 22 00 9 $ 1,200.001 oor 1 Roof Repairs . Estimate ... I -- 1 1,152 $ 44.00 'Sheet . 6,000.00 1 Ha. 9 $ 2,000.001 1$ -1 A400,00 l� 101 $ 1,000,00 1 1$ 7501 $ 12.00 ISF 0[ 41_ 2,000.00_1 :e..._.. iFencing and gates !- $24,000.00 160,00 00 $45,000.00 36,0:00,001 34,200.00 $41,000.00 $108, 000.001 $10110,,0:800,QO,00 ooI $16000 00 $50,688.00 $54,000.:00 $18,000.00 ,$57,600 00 $10,000.00 $6,800-,00 $9,000.00 $18,000 00 $6,000.00 $4:;000.00; 10,000.00 $854,188.001 A/E Fees 1F 0(X 10% $85:418,80 Other Expenses Pian Reproduction !Third I rty Verifier I Special Inspector Building:Permit Fetes (6%) - an I . Tenant Relocation Fee $300.00 .,, $64,188,00:.2_.1b47b •;!ttyff-fIltntFUL $85,418180 350.00 12 8 hours per week $33,600.00 i4,1188.00: 0%I . ,.L ... ... i $$ 1,25`! 281 3 $ 3,500.00 'Per day $10,500.001 LL._ $85,418.80) 1351,967.68 l Colnfingency.(i 0%a) !Soft Cost Estimate Sub -total ITotai ,,,... .... I$ Page 19 of 46 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 (Le., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries - Should be supported by proper documentation in personnel files of hire date, position, duties, compensation, and raises with effective date, termination date, and similar type information. Non-exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits - Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services - Should be supported by a complete and signed copy of the contract between the organization and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor.) • Purchases - At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five 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 Page 20 of 46 a period of five 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: cov.fac d(�.census.aov Web: httn://harvester,census.aov/sac F:\RHCD\$ALL\HSG-CD\CDBG\CABG FY 2015 2016\Capital Projects\Lottie Apartments Rehabilitation\MOU Lottie Apartments Exhibits.docx Page 21 of 46 0 Agency Web Address Other Project Funding Sources: aa) a) c CI E 0 0 :E a ••E Oro U) Z~ V • me a-, > 0 o a) a) d V O 1-coE >ro Oc .2 s�± e 'U o N -a R ca- a N a)❑g m W .6 o .E d E $ a� ,_, p WO OIW O C o a ❑❑ ❑❑❑ ❑o L > 0 0 aE Ta`)0 a W Q UI— P 8 ..8 `oo w O. `7 � cl)D 0 0 N'❑ C 0. N> h Y E of Qo To as - o N Lb o E ca a� o v 0 5 .0 m 0 coo }NSOO'�•� .0c4: � ❑❑ ❑❑❑❑❑a t c' A N c ❑ J ...c' N hU 2 a) y ata a) 7 o :.� O • o c m .' _=d O'�o° m;> ❑❑❑ ❑a E❑QQ a) (0 o C yam^. N U! co O > aa)a0_E 25 45 0 Q '.5 Z ¢ Q ~ Q I. m cn a) LO a Q O 0 <<Q < O00 Fund Category National Objective If Objective A: ro"ect umma 0 E 0 0 0 0 a) o) 0 c o Page 22 of 46 0 2 ❑ $ a) c O / / E 2 / cw ($ tanc ,E / ®� tt o 0 o /W. 0 % &0 /0 cf §f cE oc !To 2. o0 2 @ \� o£ L.=775' .c 0 f £ 7 c / '§ (s2 IT2 Q @ \ § 2 c o S c •§ $ @ c E / 2 0 2 c E 0 'S 2 m 'e .c_ O t \ y E[o Q m '5 / % E f 2 0 '5 ® D al 2 0 m 2 M /242«4 % • m 0 2 d d / / k II $ 2 ❑ ¥ / 0 2 O. c ❑ ri 0 2 t /— /ƒ> con /LJ c > El ❑ƒ 2 k E/ \ 22 20 / 2 'V § c ._ \ f ® 0L.E 0 .% J±\ /? 2\/ 0 2f� oco E\ EQf '2 E £ I e f/ °E 9 y ®•§ 0 f)0 ® C a) j \ C ¥ S co $ .c § ] j 0 �\ƒ / / / E %k \\o=o k4 - co %k ( / 0z\ /7 -f/ /)c /ƒ 2k a ' 6 _a >k/k §kjo\ 7.5 /4680/ 0 2 © E k E k k j o O 4-%±o Page 24 of 46 Payee/ Contractor 3 1 V sea Olet Comments on above: Page 25 of 46 zz°z° zI I,z in❑❑ Ci a) d 0 C. N c L • (F- Q O O _ O w Q 6 N +• O O a' N r i s Eo o co a) Nw U a) (13 L ° -C c6 -3 V (6 O p 73 as U rn L n U Q. e . 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(fl 0 U 0 coc 4., ,_OO � �a� .0CNUOEa' ... <ca) (aip. oc UrLV, cn -_c c O as 0)ti Na) ' a) (6 O (. QN c a U 0. E_c o0 0) U 2 0) a) a5 •.c co N 0 a) a) to as (NI Q N i •(') A i 0) '- ` 0 U '' U L p 4-> a) 0) HaH a) 0 L O as V C c"Ja U �, V N -1^,. c fa• O a) . "'I Q coU1,f) as (0 -F.' Lo ° D r..l U L- U n� L r •L 4- a) N c U 0) c6 Q (I) N Q 0) � O Q � (6 _L N c0 (a O >„ _ — °mUU Q Ua. a=U �O i �CO iHu =N ca_ Cs- _C m 0 vi C N— N o O 0 c o a) 1 0 C`•• 0 � � �'r u) -0 .� 1 cam, c+� a) a) ' Q 1 -ohO O U c N 0 o +� a C c i o 0 U C .0 N a) c> 2 ,r a0 Q o °coo0O a ,_ •- U 25 °° m U co = C OM O j c C 6 c a- 0 O O C .0 aS Li 0 0 0 •C c g 0 0 0 0 0 m °o V U a) N Q> C U U a) d E U 'U C w t T ,N . rn 0) 0 a) X E o ca O a) a) X a. o o a) 72 a) ca c ❑ E <u)ww<000 IDC) WWI-_ca.coa.O- a) o a) .o E �r.._„__Ecoa6ui�5�ai.QcdE E 0 ca 0 0 ❑ _ ❑ Ucon Page 30 of 46 ors C! U) IL O E E .0 O Q (0 -a c0 N O ca 0. O,'" (6 1 al O "O L LL Uw Z3 E Q O ,co C C O N `C EL O O e -a N f0 M 0 tj C i N a) 0 CL O (/) a) a U .0 C c 0 (0 (0 E E O O N 0_ Cs. L L) t N Q a To U F U C_ O Y(.,. o U O O M 4. C C "'' O a) o O O' co o c) O4- Q .N �• E 00 (u O O O C o C fa 1-11 ._ E as >. C as O (0 O O o0- CE U W Ta- EL0 � O as 4- 0 O O -E.' 201 C C �• 'O .O 'a O � �.- t0 •V � O o a- .- 00 • o f O W (0 U Q O a) (n— O. 5 > c0 U N (0 O 0 CZ _-ILIC � N N V d 'C 'a E U •O - al 0 2 c >,;•- a F., PQ W Q .O .V O •U O U E - C (0 Q (0 O(0 O L Q .c L 0, O O U C co 0(>0c0` -c0 N I o = _ (Si E(0 �) (0 .0 O U O 0 _6 U o O C C > O U o C N 4, O . C N U O 2 0 >O Q (0 0 -C() O >' C al 17: oc C E o U Page 31 of 46 Comments Date of Payroll Payroll Number Contractor/ Subcontractor 2 n 0 2 ƒ LI o _ o '5; p CZ / / 0 — 1- 4-, % $ 2 / .a \ k f / 0 �0 t 3 . E m 0 @ 0 m m 7 £ e 0 ' £ M $R \CL 0 § 0 / -0 f 2 / k t k a E § £ 2 . m .$ d o § 0 / 0 \ / E § k R o o >,, 0) •> ° % 0± E § > G.N a J \ o E .- o E 2 L. 0 co k 2 0 0 'k 2 @ g ) @ D m m t" 0 D .0 co 2 o m k 2/ m o 2 2 coo / \0 o ƒ 22/ \ \\ 2 •E' # / \ / E 2 ) \/E(. (\( / ® « § o o ¢ Cs' o / > �E� .§°\7>E22 c « E al %33.33%/f�f/§ a m ° E @ 20 /f%%¢Eo2(0 / e. \ k R± f f% g r E m £ E 2 d 0\ c£ E 2 k $@ m m o om O£6e0 Page 32 of 46 INVOLUNTARY O Z 0 O 0 O ❑;; Vin❑ ❑ Z Z Z Z Z ❑❑ _❑ NN Yi N aa)i N ❑ n ❑ ❑ n ❑n --n *r ° a) a, a) C a) r' - o -o -0 C r o -oN0 a) o # S V Q) O L (� '8 L :ii o V Q N1� ) C o 0 O C C,' w a) C a) C 0) a) 4- p a) O a) p O 0- O c a. C a L N 2 C to ?, E (1) 0 O C O 4- a) O N a) ° a a (� L 4-- Eft o O m a) N Q O O C. �,, •O C O N O �.. N = N o a) a) W a g O to (a °' = a) O O C (Q 0 C _ _ t L (6 C a) 4- > C N O O C 0- (1 �C a) a O s- (6 ;F (.i L O L o a) > .b.• r. 'O Cr L C a) -C U) L a) O N u-. 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G✓ L p �07 Ill ° % % I'� 5 �QyL Dw Uid N 'i�0✓ C y E Q 07 4V 0531.t Y 67 N y s (C11)--?", o� cry O ro N Page 42 of 46 Section 3 Summary Report Economic Opportunities for Low- and Very Low -Income Persons See back of page for Public Reporting Burden statement 1. Recipient Name & Address: (street, city, state, zip) 8. Program Code: * (Use a separate sheet for each program code) U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity 9. Program Name: HUD Field Office: 2, Federal Identification: (contract/award no.) 4. Contact Person: 8. Reporting Period: OMB Approval No. 2529-0043 (exp. 8/31/2007) 3, Dollar Amount of Award: 5. Phone: (Include area code) 7. Date Report Submitted: Part L• Employment and Training (** I'clude New Hires in columns E & F.) A B C D E** F** Number of Number of New % of Aggregrate Number % of Total Staff Hours Number of Section 3 Now Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Employees Sec. 3 Residents that are Sec. 3 Residents and Trainees and Trainees Professionals Technicians Job Category O flee/Clsrioa Construction by Trade (List) Trade ratio Trade Tradd Trade Ither (Li: TOP *Program Codes 1 = Flexible Subsidy 2 = Section 202/811 3 = Public/Indian Housing A = Development, B = Operation C = Modernization 4 = Homeless Assistance 5 = HOME 6 = HOME -State Administered 7 = CDBG-Entitlement Pagel of 2 8 = CDBG-State Administered 9 = Other CD Programs 10= Other Housing Programs form HUD -60002 (6/2001) ref 24 CFR 135 Page 43 of 46 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project B. Total dollar amount of contracts awarded to Section 3 businesses C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non -Construction Contracts: A. Total dollar amount of all non -construction contracts awarded on the project/activity B. Total dollar amount of non -construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses % D. Total number of Section 3 businesses receiving non -construction contracts Part 111: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently displayed at the project site, contacts with community organizations and public or private agencies operating within the metropolitan area (or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. _ Other; describe below. Public reporting burden for this collection of information Is estimated to average 2 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u., mandates that the Department ensure that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very low- income persons, particularly those who are recipients of government assistance for housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as a self-monitoring tool. The data is entered Into a data base and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 806(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data Is cumulative; personal identifying information is not included. Page 2 of 2 form HUD -60002 (6/2001) ref 24 CFR 135 Page 44 of 46 Form HUD -60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low - and very low-income persons Under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian Housing programa that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (Including reduction and abatement of lead-based paint hazards); (2) housing con- struction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section -3 -covered activity. Form HUD -60002 has three parts which are to be completed for all programs covered by Section 3. Part 1 relates to employment and training, The recipient has the option to determine numerical employment/tralning goals either on the basis of the number of hours worked by new hires (columns B, D, E and F) or the number of new hires utilized on the Section 3 covered project (columns B, C and F). Part II of the form relates to contracting, and Part 111 summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must main- tain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons,* A recipient of Section 3 covered assistance shall submit two copies of this report to the local HUD Field Office. Where the program providing assistance requires an annual perfor- mance report, this Section 3 report Is to be submitted at the same time the program performance report Is submitted. Where an annual performance report is not required, this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Sec- tion 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name forwarding the Section 3 report. 1. Recipient: Enter the name and address of the recipient submitting thls report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementa- tion of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. Submit two (2) copies of this report to the to the HUD Field Office of Fair Housing and Equal Opportunity, Program Operations and Compliance Center Director, at the same time the performance report is submitted to the program office. For those programs where such a report is not required, the Section 3 report is submitted by January 10. Include only contracts executed during the reporting period specified in item 8. PHAs/HAs are to report 'all contracts/subcontracts. * The terms "low -Income persons" and "very low -Income persons" have the same meanings given the terms in section 3(b)(2) of the United States Housing Act of 1937. Low -Income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for 8. Program Code: Enter the appropriate program code as fisted at the bottom of the page. 9. Program Name:Enter the name of the HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e., supervisors, architects, surveyors, planners, and computer programmers). For con- struction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: Enter the number of new hires for each category of workers identified in Column A in connection with this award. New Hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: Enter the number of Section 3 residents that were employed and trained in Connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/ program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contacts awarded on the project/ program. Item 5: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part 111: Summary of Efforts - Self-explanatory smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings such that variations are necessary be- cause of prevailing levels of construction costs or unusually high- or low- income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family Income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page I form HUD -60002 (6/2001) ref 24 CFR 135 Page 45 of 46 n. 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