Interdepartmental Memorandum of Understanding with Housing and Community Development (4) 000 —42 37
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 MEMORANDU OF UNDERSTANDING ("MOU" and/or the "Agreement")
is made this7c. day of , 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, as
needed, while the tenting takes place; 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; and
WHEREAS, the City through resolution 2016-29316, adopted on March 9, 2016,
authorized HCD to recapture $21,088.30 remaining from the CDBG allocation made in
FY 2013/2014 to Jewish Community Services of South Florida for the Senior Center
Improvements; and
WHEREAS, City has a funding gap in the rehabilitation of the Lottie Apartments,
an affordable housing project owned by the City; and
WHEREAS, the reallocation of these funds to the Lottie Apartments project will
reduce the funding gap.
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:
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. • Exhibit A - Scope of Services
• Exhibit B - Documentation
• 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 $21,088.30 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
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progress and performance of the Program and to provide technical
assistance using the monitoring checklist attached as Exhibit E.
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
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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
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
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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:
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
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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 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,
Page 6 of 8
documentation, and any other data relating to all matters covered by the •
Agreement for review, inspection or audit.
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: 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
Sub-Recipient: 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
Maria L. Ruiz, Eickctor Date
CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY SERVICES
/4
7/o L
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K hie G. Br oks, Assistant City Manager Date
On behalf of the Office of Housing and
Community Services.
CITY OF MIAMI BEACH,
a Florida municipal corporation
ATTEST:
Rafael E. Granado, Ci Oes.rk q�+ Jimmy Li Mor-,10T, City Manager
'.'�f\v o\ P� ORATED Date
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EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
Service Units of Service Documentation of Service
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 thelOth of the following month. The report must be signed by the person who prepared the report as
well as the agency's authorizing party. The report summarizes the progress made, expenses incurred
and deliverables completed. This report must be completed regardless of whether or not funds are
requested.
Monthly Financial Report—The Sub-Recipient is required to submit a monthly financial report by the
10`h of the following month regardless of whether or not funds are requested. The report delineates
project expenses incurred including non-City funds 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
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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:
.Service ,Unit of Service Service Location Timeframe
1. Securing of an 1. NE Documents 530 75 Street, Date of the last
Architect/Engineer a. Verification/Data Miami Beach, signature executing
firm to prepare Gathering Florida 33141 the agreement to
construction b. Design Development 09/30/2016
documents needed c. Contract Documents
for permits and d. Permitting/Bidding
construction e. Contract Administration
f. Special Inspector
2. Securing a General 2.Procurement of GC
Contractor for the a. ITB to secure a general
rehabilitation of the contractor to
Lottie Apartments. rehabilitate the Lottie
Apartments.
b. Rehabilitation Project
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Service Benchmarks
Service Benchmark(s)
1. Architect/Engineer firm to determine the extent 1. A/E Firm Benchmarks:
of repairs needed at the Lottie Apartments and a. Design Plans and Specifications for
to provide the design, repair specifications, Permitting and Bidding Purposes.
and repair costs for permitting and bidding b. Construction Building Permit
purposes. c. AIA Reviews
d. RFI Responses
2. General Contractor to carry the structural 2. General Contractor Benchmarks:
repairs and rehabilitate the Lottie Apartment a. Secure Building Permits
following the design specifications provided b. Certified Payroll
by the NE Firm and approved by the c. Approved Final Permit Inspections
Building Department. d. Warranties
e. Certificate of Completion
f. Final Release of Liens
•. Notice of Termination
Service Documentation
Services will be deemed as provided when the following documentation is provided within the noted
timeframes:
Service Documentation Submission Deadline
1. Securing of an 1. NE Documents Submit Monthly Finance
Architect/Engineer firm to a. Design Documents and and Progress Reports
determine the extent of repairs Specifications after service is delivered.
needed at the Lottie Apartments b. Repair Costs Reports will be submitted
and to provide the design, repair 2. GC Documents within the first 10 days of
specifications, and repair costs a. Building Permit the following month.
for permitting and bidding b. Notice of Commencement
purposes. c. A1A Form
2. Securing a General Contractor d. Releases of Liens
for the rehabilitation of the Lottie e. Final Inspection Log
Apartments. f. Certified Payroll
g. Section 3 Reports
h. Certificate of Completion
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
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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 seq.): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the basis
of race, color or national origin. The regulations implementing the Title VI Civil Rights Act
provisions for HUD programs may be found in 24 CFR Part 1.
• The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person on
the basis of race, color, religion, sex, national origin, handicap 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.
• Age Discrimination Act of 1975, As Amended (42 USC 6101): Prohibits age discrimination in
programs receiving Federal financial assistance. Age Discrimination Act regulations may be
found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no
person shall be excluded from participation in, denied the benefits of, or be subjected to
discrimination under any program or activity funded with CDBG funds on the basis of race,
color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-assisted
housing with five or more units. Requirements and procedures must include:
• Methods for informing the public, owners and potential tenants about fair housing laws and the
Provider's policies (for example: use of the Fair Housing logo or equal opportunity language);
• A description of what owners and/or the Provider will do to affirmatively market housing assisted
with CDBG funds;
• A description of what owners and/or the Provider will do to inform persons not likely to apply for
housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted units
and to assess marketing effectiveness; and
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• 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.
ll. 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
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national origin. Provisions to effectuate this prohibition must be included in all construction
contracts exceeding $10,000. Implementing regulations may be found at 41 CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will be
awarded to business concerns that are located in or owned by persons residing in the program
service area.
• Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138, the
City and the Provider must prescribe procedures acceptable to HUD for a minority outreach
program to ensure the inclusion, to the maximum extent possible, of minorities and women, and
entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of Davis-
Bacon and the Contract Work Hours and Safety Standards Acts, every contract for construction (in the
case of residential construction, projects with eight or more units)triggers the requirements.
• Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333): Provides that
mechanics and laborers employed on Federally-assisted construction jobs are paid time and
one-half for work in excess of 40 hours per week, and provides for the payment of liquidated
damages where violations occur. This act also addresses safe and healthy working conditions.
• Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that are
allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted
project to relinquish any compensation to which he/she is entitled, and requires all contractors to
submit weekly payrolls and statements of compliance.
• Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. seq.): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time and
one-half. It also requires the payment of wages for the entire time that an employee is required
or permitted to work, and establishes child labor standards.
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 Parts 84 and 85, is set forth in the CDBG regulations. Both sets
of requirements are discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the procurement of property and
services by grantees (the City), state recipients, and Sub-Recipients (the Provider). These
regulations require the City and the Provider to maintain written standards governing the
performance of their employees engaged in awarding and administering contracts. At a
minimum, these standards must:
- Require that no employee, officer, agent of the City or the Provider shall participate in the
selection, award or administration of a contract supported by CDBG if a conflict-of-interest,
either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept gratuities,
favors or anything of monetary value from contractors, potential contractors or parties to
Sub-Agreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of
standards.
A conflict would arise when any of the following has a financial or other interest in a firm selected for an
award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of the City
or the Provider.
- The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases not
covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees, agents,
consultants, officers and elected or appointed officials of the grantee (the City), state
recipient or subrecipient (the Provider). The regulations state that no person covered who
exercises or has exercised any functions or responsibilities with respect to CDBG activities
or who is in a position to participate in decisions or gain inside information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for persons
with business or family ties.
This requirement applies to covered persons during their tenure and for one year after leaving the
grantee (the City), the state recipient or Sub-Recipient(the Provider) entity.
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 less than a year since the community was designated as
having special flood hazards; and flood insurance is obtained.
IV. Lead-based Paint
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-Based
Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance;
Final Rule" was published within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35).
The regulation was issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, which is Title X (ten) of the Housing and Community Development Act of 1992.
Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971,
which is the basic law covering lead-based paint in federally associated housing.
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 http://www.hud.qov/offices/lead/index.cfm.
For further information, you may call HUD at (202) 755-1785, ext. 104, or e-mail HUD at
lead requlations(a.hud.gov.
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
1 - 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person
Person
30%
Limits $14,950 $17,050 $20,160 $24,300 $28,440 $32,580 $36,730 $40,890
Very Low $24,850 $28,400 $31,950 $35,500 $38,350 $41,200 $44,050 $46,900
Income
Low $39,800 $45,450 $51,150 $56,800 $61,350 $65,900 $70,450 $75,000
Income
Change Orders/Budget Amendments
The goal should be to limit the use of Change Orders or Budget Amendments. Change Orders and
Budget Amendments require prior written approval by the City Manager.
To request a Change Order or Budget Amendment, a written request for changes must be submitted to
your Grant Monitor delineating the changes and providing a detailed justification for making the request.
Approvals of any changes are at the sole discretion of the City Manager.
No budget amendment will be processed after June 30, 2015 for Public Service Projects. No budget
amendment will be processed for Capital Projects Budgets after eighty (80) percent of the available
funds have been drawn.
Page 10 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:
Performance Measure Rating Rationale & Score
Timely and accurate submission of Monthly • "0"for failing to submit on time
Progress Report ➢ "25"for submitting on time
Timely and accurate submissions of Monthly ➢ "0" for failing to submit accurate report with
Financial Report(reimbursement requests) back-up material on time
D "25"for submitting accurate report on time
Delivery of contracted service units within Possible score of 0 to 50 based upon completion
contracted timeframe of projected service units. Score is pro-rated if
total projected service units are not met.
Proformas
Capital projects must submit certified monthly proformas that indicate project funding sources and
correlating uses. Proformas must be certified by the preparing party as well as the agency's signatory
as reflected within this Agreement.
Reporting Requirements
The Contractor will provide the City with a Monthly Progress Report and Monthly Financial Report by
the 10th of the following month. In the event that the 10th of the month lands on a Saturday, Sunday or
holiday, the report must be submitted the following business day.
The following chart depicts the submission dates for the term of this Agreement:
Month Date or Submission
April 2016 May 10, 2016
May 2016 June 10, 2016
June 2016 July 11, 2016
July 2016 August 10, 2016
August 2016 September 12, 2016
September 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:
• NE 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 may be incurred through this Agreement. All
expenses must comply with applicable rules and regulations including Procurement and Davis Bacon
Act.
Page 17 of 46
M I mi A I n E AC pj CDBG FY 2013/14
Project Budget
Lottie Apartments
Sub-Recipient: City of Miami Beach/CMB Office of HCS Project: Rehabilitation
Please list all items that will be reimbursed by the City of Miami Beach.
Line Item Quantity Unit Cost Line Total
Personnel(Employees Only)-List Position Title
Personnel Ex.enses-Cate.o Totals $ -
Operating Expenses-Category Totals
Operating Expenses-Category Totals $ -
Capital/Equipment Costs
Construction Cost $ 21,088.30
Capital/Equipment Costs-Category Totals $ 21,088.30
Professional Services
Architecture Services
Special Inspector
Third Party Verifier
Professional Services-Category Totals $ -
Other Costs
Building Permit Fees
Other Costs-Cate•o Totals $ -
Project Total-All Categories $ 21,088.30
Page 18 of 46
MIAAAI B E C -- 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
Item f_.--Quantities" i Unit Price [ Unit Item k Value
Termites treatment (estimate) $25,000.00
Foundation Concrete repair 750 $32.00 SF $24,000.00
Clean,repair and Insulate crawling space. (estimate) $160,000.00
Repair spalling concrete and cracks, Facade 1,500 $ 30.00 SF $45,000.00
Caulking exterior window perimeter 3,000 $ 12.00 LF $36,000.00
Windows re-attachement and seal 57 $ 600.00 Window $34,200.00
Exterior paint of the building 10,400 $ 4.00 SF $41,600.00
Concrete side walks 18,000 $ 6.00 SF $108,000.00
Seal interior floors.Remove existing floor, Install 5,000 $ 22.00 SF
vapor barrier and and new tile floor $110,000.00
Exterior Doors 9 $ 1,200.00 Door $10,800.00
ROOF Roof Repairs Estimate $16,000.00
Interior drywall repairs 1,152 $ 44.00 Sheet $50,688.00
Bathroom repairs, including all fixtures 9 $ 6,000.00 $54,000.00
Bathroom repairs, including all fixtures 9 $ 2,000.00 $18,000.00
Replace kitchen cabinets 9 $ 6,400.00 $57,600.00
HVAC-RTU 10 $ 1,000.00 $10,000.00
HVAC-Interior Units 9 $ 700.00 $6,300.00
Replaced carpet stair 750 $ 12.00 SF $9,000.00
Interior paint 9 $ 2,000.00 $18,000.00
Exterior Mail boxes $6,000.00
Exterior Fencing and gates $4,000.00
Landscaping $10,000.00
Construction Cost Estimate Sub-Total $854,188.00
Item k Base Value_.. IL Percentage j _ Unit Item I Value
NE Fees $ 854,188.00 10% $85,418.80
Other Expenses-Plan Reproduction $300.00
Third Party Verifier $ 854,188.00 10.0% $85,418.80
Special Inspector $ 350.00 12 8 hours per week $33,600.00
I Building Permit Fees(6%) $ 854,188.00 6% $51,251.28
Tenant Relocation Fee 3 $ 3,500.00 Per day $10,500.00
Contingency(10%) $ 854,188.00 10% $85,418.80
Soft Cost Estimate Sub-total $351,907.68
Total $1,206,095.68
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 (i.e., for
which contract exists), and the amount expended for each activity. The system must permit the
comparison of actual expenditures and revenues against budgeted amounts. The City must be able to
isolate and to trace every CDBG dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not
possible, the City must administer the CDBG funds for the operating agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure. They normally include the
following items:
• Salaries - Should be supported by proper documentation in personnel files of hire date, position,
duties, compensation, and raises with effective date, termination date, and similar type information.
Non-exempt employees are required by law to complete a timesheet showing number of hours they
worked during the day. All employees paid in whole or in part from CDBG funds should prepare a
time sheet indicating the hours worked on CDBG projects for each pay period. Based on these
time sheets and the hourly payroll costs for each employee, a voucher statement indicating the
distribution of payroll charges should be prepared and placed in the appropriate files.)
• Employee Benefits - Should be supported by personnel policies and procedures manual,
describing the types of benefits, eligibility and other relevant information.)
• Professional Services - Should be supported by a complete and signed copy of the contract
between the organization and the independent contractor, describing at the minimum, period of
service, type of service and method for payments, in addition to the invoice from the private
contractor.)
• Purchases - At a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do
not represent support for an expense.
Records
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for 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: qov.faccensus.qov
Web: http://harvester.census.gov/sac
F:\RHCD\$ALL\HSG-CD\CDBG\CDBG FY 2015 2016\Capital Projects\Lottie Apartments Rehabilitation\MOU
Lottie Apartments Exhibits.docx
Page 21 of 46
EXHIBIT "E"
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Page 22 of 46
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Section 3 Summary Report U.S. Department of Housing OMB Approval No.2529-0043
Economic Opportunities for and Urban Development (exp. 8/31/2007)
pp Office of Fair Housing
Low- and Very Low-Income Persons and Equal Opportunity HUD Field Office:
See back of page for Public Reporting Burden statement
1. Recipient Name&Address:(street,city,state,zip) 2. Federal Identification: (contract/award no.) 3. Dollar Amount of Award:
4. Contact Person: 5. Phone:(include area code)
6. Reporting Period: 7. Date Report Submitted:
8. Program Code:* (Use a separate sheet 9. Program Name:
for each program code)
Part I: Employment and Training (** Include 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
Job Category New 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
Office/Clerical
Construction by Trade (List)
Trade
Trade
Trade
Trade
Trade
Other(List)
Total
*Program Codes 3 = Public/Indian Housing 4 =Homeless Assistance 8 =CDBG-State Administered
1 A=Development, 5 =HOME 9 =Other CD Programs
2 = Flexible
ect on 02 811 i 6 =HOME-State Administered g
2 =Section 202/811 B=Operation 10=Other Housing Programs
C=Modernization 7 =CDBG-Entitlement
form HUD-60002(6/2001)
Pagel of 2 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 III: 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 808(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.
form HUD-60002(6/2001)
Page 2 of 2 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 8. Program Code: Enter the appropriate program code as listed at the
regarding employment and other economic opportunities provided to low- bottom of the page.
and very low-income persons under Section 3 of the Housing and Urban 9. Program Name:Enter the name of the HUD Program corresponding with
Development Act of 1968. The Section 3 regulations apply to any public the"Program Code"in number 8.
and Indian Housing programs that receive: (1)development assistance
pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating Part I: Employment and Training Opportunities
assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or(3) Column A: Contains various job categories. Professionals are defined as
modernization grants pursuant to Section 14 of the U.S.Housing Act of 1937 people who have special knowledge of an occupation (i.e., supervisors,
and to recipients of housing and community development assistance architects, surveyors, planners, and computer programmers). For con-
in excess of$200,000 expended for: (1)housing rehabilitation(including struction positions,list each trade and provide data in columns B through F
reduction and abatement of lead-based paint hazards); (2) housing con- for each trade where persons were employed. The category of "Other"
struction; or(3) other public construction projects; and to contracts and includes occupations such as service workers.
subcontracts in excess of$100,000 awarded in connection with the Column B: Enter the number of new hires for each category of workers
Section-3-covered activity. identified in Column A in connection with this award. New Hire refers to a
Form HUD-60002 has three parts which are to be completed for all person who is not on the contractor's or recipient's payroll for employment
programs covered by Section 3. Part I relates to employment and training, at the time of selection for the Section 3 covered award or at the time of
The recipient has the option to determine numerical employment/training receipt of Section 3 covered assistance.
goals either on the basis of the number of hours worked by new hires Column C: Enter the number of Section 3 new hires for each category of
(columns B,D, E and F)or the number of new hires utilized on the Section workers identified in Column A in connection with this award. Section 3 new
3 covered project (columns B, C and F). Part II of the form relates to hire refers to a Section 3 resident who is not on the contractor's or recipient's
contracting, and Part III summarizes recipients' efforts to comply with payroll for employment at the time of selection for the Section 3 covered
Section 3. award or at the time of receipt of Section 3 covered assistance.
Recipients or contractors subject to Section 3 requirements must main- Column D: Enter the percentage of all the staff hours of new hires(Section
fain appropriate documentation to establish that HUD financial assistance 3 residents)in connection with this award.
for housing and community development programs were directed toward Column E: Enter the percentage of the total staff hours worked for Section
low- and very low-income persons.' A recipient of Section 3 covered 3 employees and trainees(including new hires)connected with this award.
assistance shall submit two copies of this report to the local HUD Field Include staff hours for part-time and full-time positions.
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 Column F: Enter the number of Section 3 residents that were employed and
program performance report is submitted. Where an annual performance trained in connection with this award.
report is not required,this Section 3 report is to be submitted by January 10 Part II: Contract Opportunities
and, if the project ends before December 31, within 10 days of project Block 1: Construction Contracts
completion. Only Prime Recipients are required to report to HUD. The Item A: Enter the total dollar amount of all contacts awarded on the project/
report must include accomplishments of all recipients and their Sec-
tion 3 covered contractors and subcontractors. program.
HUD Field Office: Enter the Field Office name forwarding the Section 3 Item B: Enter the total dollar amount of contracts connected with this
project/program that were awarded to Section 3 businesses.
report.
1. Recipient: Enter the name and address of the recipient submitting this Item C: Enter the percentage of the total dollar amount of contracts
report.
connected with this project/program awarded to Section 3 businesses.
2. Federal Identification: Enter the number that appears on the award form Item D: Enter the number of Section 3 businesses receiving awards.
(with dashes). The award may be a grant, cooperative agreement or Block 2: Non-Construction Contracts
contract. Item A: Enter the total dollar amount of all contacts awarded on the project/
3. Dollar Amount of Award: Enter the dollar amount,rounded to the nearest program.
dollar, received by the recipient. Item B: Enter the total dollar amount of contracts connected with this project
4&5. Contact Person/Phone: Enter the name and telephone number of awarded to Section 3 businesses.
the person with knowledge of the award and the recipient's implementa- Item C: Enter the percentage of the total dollar amount of contracts
tion of Section 3. connected with this project/program awarded to Section 3 businesses.
6. Reporting Period: Indicate the time period(months and year)this report Item D: Enter the number of Section 3 businesses receiving awards.
covers. Part Ill: Summary of Efforts-Self-explanatory
7. Date Report Submitted: Enter the appropriate date.
Submit two (2) copies of this report to the to the HUD Field Office of Fair smaller and larger families,except that the Secretary may establish income
Housing and Equal Opportunity, Program Operations and Compliance ceilings higher or lower than 80 per centum of the median for the area on the
Center Director,at the same time the performance report is submitted to the basis of the Secretary's findings such that variations are necessary be-
program office. For those programs where such a report is not required,the cause of prevailing levels of construction costs or unusually high-or low-
Section 3 report is submitted by January 10. Include only contracts income families. Very low-income persons mean low-income families
executed during the reporting period specified in item 8. PHAs/HAs are to (including single persons)whose incomes do not exceed 50 per centum of
report all contracts/subcontracts. the median family income for the area,as determined by the Secretary with
• The terms"low-income persons"and"very low-income persons"have the adjustments for smaller and larger families,except that the Secretary may
same meanings given the terms in section 3(b)(2) of the United States establish income ceilings higher or lower than 50 per centum of the median
Housing Act of 1937. Low-income persons mean families(including single for the area on the basis of the Secretary's findings that such variations are
persons) whose incomes do not exceed 80 per centum of the median necessary because of unusually high or low family incomes.
income for the area,as determined by the Secretary, with adjustments for
form HUD-60002(6/2001)
Page i ref 24 CFR 135
Page 45 of 46
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