Amendment No. 1 to the Interdepartmental Memorandum of Understanding with the Office of Housing and Community Development (2) AMENDMENT NO 1
TO THE INTERDEPARTMENTAL MEMORANDUM OF UNDERSTANDING, DATED
APRIL 5, 2016, BETWEEN THE CITY OF MIAMI BEACH OFFICE OF HOUSING
AND COMMUNITY DEVELOPMENT AND THE CITY OF MIAMI BEACH
HOMELESS OUTREACH TEAM (SUB-RECIPIENT)
This Amendment No. 1 ("Amendment No. 1") to the Interdepartmental Memorandum of
Understanding (MOU)dated April 5, 2016 is entered into this2Qiay of \r 2016
("Effective Date"), by and between the CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT ("HCD"), and the CITY OF MIAMI BEACH HOMELESS
OUTREACH TEAM (SUB-RECIPIENT)
WITNESSETH:
WHEREAS, the Sub-recipient is providing services for a high priority need identified in
the City's FY 2015-2016 Action Plan approved by the City Commission on July 8, 2015
through Resolution No. 2015-29080; and
WHEREAS, the City Commission on March 9, 2016 through Resolution No. 2016-
29316 authorized the recapture of CDBG funds awarded to public services during FY
2014/2015 that were left unspent; and
WHEREAS, out of the recaptured funds the City Commission authorized the use of
$16,434.45 for public services — homeless employment; and
WHEREAS, there is a scrivener's error in the Scope of Services attached as Exhibit
"A" to the MOU that affects the number of units of service to be delivered by the sub-
recipient.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, HCD
and Sub-recipient agree as follows:
1. Exhibit "A" "Scope of Services" is deleted in its entirety and replaced with
attached amended Exhibit "A" "Scope of Services".
2. All other terms and conditions of the MOU shall remain unchanged and in
full force and effect.
IN WITNESS WHEREOF, THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY OF MIAMI BEACH HOMELESS
OUTREACH TEAM have executed this Agreement as of the day and year first written above
by their duly authorized representatives.
Page 1 of 2
CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
Kathie G. rooks, A sistant City Manager
On behalf of the Office of Housing and Community Development
a Division of the Office of Housing and Community Services.
Date
CITY OF MIAMI BEACH HOMELESS OUTREACH TEAM
Maria L. Ruiz, • e of Housing and Community Development Director
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Date
CITY OF MIAMI BEACH •
a Florida Municipal corporation
ATTEST:
Rafael E. Granado, City Clerk Philip - ne".Mayor
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Page 2 of 2
SUB-RECIPIENT EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
Service Units of Service
Temporary employment of individuals who arc At least 25 homcic:r,
peFsen
Temporary employment of individuals who are At least 10 homeless
homeless in the City not to exceed 32 hours per
person
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 — Sub-Recipient is required to submit a monthly project progress
report by thel0th 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 — 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 to procurement guidelines as appropriate and have executed written agreements
between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify
the cost, timeline and scope of service. A copy of all professional service contracts must be
submitted to the City prior to reimbursement request.
Proof of Insurance — Evidence of appropriate and required insurance must be submitted prior
to contract execution. No City funds will be dispersed prior to submission of required insurance
coverage.
Retainage — All capital projects are subject to the withholding of 10 percent of appropriate
expenses in the form of a retainage. All retained funds will be released when the project fulfills
its National Objective.
Section 3 Compliance — Any Agreement greater than $200,000 that involves rehabilitation,
housing construction, or other public construction, requires that Sub-Recipient to complete and
submit to the City Form HUD 60002, Section 3 Summary Report, Economic Opportunities for
Low-and Very-Low Income Persons(OMB No. 2529-0043).
Service Deliverables
Services must be delivered as follows:
Service Unit of Service Location Timeframe
Service
At least 25 Citywide MOU Execution
individuals who arc homelc°s people Date— September
in the City not to exceed 32 30, 2016
hours per person
Temporary employment of At least 10 Citywide MOU Execution
individuals who are homeless people Date—September
in the City not to exceed 32 30, 2016
hours per person
Service Benchmarks
Service Benchmark(s)
Temporary employment of individuals who are • Letter of reference to those who
homeless in the City not to exceed 32 hours successfully complete the program
per person
Service Documentation
Services will be deemed as provided when the following documentation is provided within the
noted timeframes:
Service Documentation Submission Deadline
Temporary employment of • Intake Form Submit Monthly Finance, Program and
individuals who are homeless • Application Accomplishment Progress Reports after service
in the City not to exceed 32 • 1-9/W-2 is delivered. Reports shall be submitted within
hours per person the first 10 days of the following month.
Applicable Federal Regulations
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 Sub-recipient must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
Sub-recipient 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
Sub-recipient 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 Sub-recipient's policies (for example: use of the Fair Housing logo or equal
opportunity language);
• A description of what owners and/or the Sub-recipient will do to affirmatively market
housing assisted with CDBG funds;
• A description of what owners and/or the Sub-recipient will do to inform persons not likely
to apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-
assisted units and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken
where requirements are not met.
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 Sub-
recipient 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 Sub-recipient 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
Sub-recipient must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and
contracting/procurement procedures.
Equal Opportunity
Sub-recipient must comply with the following regulations that ensure equal opportunity for
employment and contracting:
• Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included
in all construction contracts exceeding $10,000. Implementing regulations may be found
at 41 CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the
greatest extent feasible, opportunities for training and employment arising from CDBG
funds will be provided to low-income persons residing in the program service area. Also,
to the greatest extent feasible, contracts for work (all types) to be performed in
connection with CDBG will be awarded to business concerns that are located in or
owned by persons residing in the program service area.
• Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and
12138, the City and the Sub-recipient 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
•
Sub-recipient 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 Sub-recipient must take measures to avoid hiring debarred or suspended contractors or
Sub-Recipients and conflict-of-interest situations. Each is briefly discussed below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-
profit organizations receiving CDBG funds, the procurement requirements at 24 CFR
Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state recipients
and Sub-Recipients (the Sub-recipient) 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 Sub-recipient). These regulations require the City and the Sub-recipient 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 Sub-recipient 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 Sub-recipient 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 Sub-recipient;
- 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 Sub-recipient.
- 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 Sub-recipient). 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 Sub-recipient) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a case-
by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would be no violation of state
or local law if the exception were granted.
•
• Debarred contractors: In accordance with 24 CFR Part 5, CDBG funds may not be used
to directly or-indirectly employ, award contracts to or otherwise engage the services of
any contractor-or Sub-Recipient during •any period of debarment, suspension or
placement of ineligibility status. The City should check all contractors, subcontractors,
lower-tier contractors or Sub-Recipients against the Federal publication that lists r
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 Sub-recipient)
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 Hazard in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule".was published within title:24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971,.which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house, dust. Scientific research has found that exposure to lead in dust is the most
common way young children, become lead poisoned. Therefore, the new regulation requires
dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements
depend on whether the housing is being disposed of or assisted by the federal government, and
•
also on the type and amount of financial assistance, the age of the structure, and whether the
dwelling is rental or owner occupied.
On April 22, 2008, the EPA issued a rule requiring the use of lead-safe practices and other
actions aimed at preventing lead poisoning to protect against the hazards created by exposure
to lead dust in existing structures built prior to 1978. Under the rule, all contractors performing
renovation, repair and painting projects that disturb lead-based paint in homes, child care
facilities, and schools built before 1978 must be certified and follow specific work practices to
prevent lead contamination. This rule (40 CFR Part 745) is enforced as of April 22, 2010. The
rule must be executed by all sub-contractors.
Property Exempt from Lead-based paint regulation:
• Housing built since January 1, 1978, when lead paint was banned for residential use;
• Housing exclusively for the elderly or people with disabilities, unless a child under age 6
is expected to reside there;
• 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.00v/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.
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
Sub-recipient 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- 3- 4- 5- 6- 7 - 8-
Person Person Person Person Person Person 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.
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
Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws
(including having an active business license) in addition to those specified in the body of the
Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of
Agreement execution or final release of grant funds.
The City will verify with the Finance Department to ensure that no monies are due the City prior
to Agreement execution.
Employee/ Contractor File Review
The following documentation must be included in the Sub-Recipient's employee/contractor file
for those employees/contractors providing services under this contract.
The following must be included in the employee files:
• Employment Application
• Evidence of degree/credentials
• Job Description Signed by Employee
• Evidence of Required Experience
• Florida Background Criminal Screening, if applicable
• National FBI Background Criminal Screening (Level 2), if applicable
• Affidavit of Good Moral Character, if applicable
• Proof of Knowledge of Policies & Procedures, if applicable
• 1-9 Verification on File
The City reserves the right to inspect those employee/contractor files whose salaries are funded
in part or in whole by its funds.
Evaluation
In its continuing effort to ensure contract compliance and performance, the City will evaluate the
Sub-Recipient in its fulfillment of the terms of this agreement including, but not limited to, the
following measures:
• Agreement compliance
• Leverage and fiscal soundness
• Accuracy and timeliness of Monthly Progress Reports
• Accuracy and timeliness of Monthly Financial Reports
• Adherence to project timelines
• Fulfillment of prescribed outcomes
Fiscal Stability
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
Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the
following measures, will be posted on the City's website on an annual basis:
• Timely and accurate submission of Monthly Progress Report
• Timely and accurate submissions of Monthly Financial Reports (reimbursement
requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
Performance Measure Rating Rationale & Score
Timely and accurate submission of Monthly D "0" for failing to submit on time
Progress Report D "25"for submitting on time
Timely and accurate submissions of Monthly D "0" for failing to submit accurate report with
Financial Report(reimbursement requests) back-up material on time
' "25"for submitting accurate report on time
Delivery of contracted service units within Possible score of 0 to 50 based upon
contracted timeframe completion of projected service units. Score is
pro-rated if total projected service units are
not met.
Proformas
Capital projects must submit certified monthly proformas that indicate project funding sources
and correlating uses. Proformas must be certified by the preparing party as well as the agency's
signatory as reflected within this Agreement.
Reporting Requirements
The Sub-recipient 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
Aril 2016 Ma 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:
• Forms are completely and accurately filled
• Necessary back-up materials are included (evidence of expense incurred, invoices, time
logs, executed AIA Forms, etc.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's
authorized signatory
Monthly Progress Reports should encapsulate a project's progress in alignment with the funds
expended.
Rent Roll Submissions
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must
submit tenant rent rolls within thirty (30) days of meeting the National Objective and every year
thereafter for a minimum of fifteen (15) years in adherence with the affordability period required
with use of these funds. For completed projects, certified tenant rolls must be submitted
annually by November 1st. Tenant rolls must be certified by the Sub-Recipient Agency's
authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the period of
affordability established in the City's Restrictive Covenant and/or mortgage. These tenant rolls
must be submitted by November 1St of each year of affordability. Tenant rolls must be certified
by the Sub-Recipient Agency's authorized signatory.
Retainage
All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that will not be
released until the National Objective is met. Retainage will be held as appropriate from all
submitted reimbursement requests.
Subsidy Layering Review
All affordable housing projects using CDBG/HOME funds require the completion of an
independent Subsidy Layering Review and underwriting. These reviews must be completed
prior to the project being submitted via HUD's IDIS system and precedes the incurrence of any
related funds. Therefore, no capital projects will be deemed eligible for reimbursement until the
Subsidy Layering Review and underwriting have been received and accepted by the City.
The expense for the Subsidy Layering Review and underwriting services are eligible for
reimbursement if the project proceeds but is not eligible for reimbursement otherwise.
Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (60) days from the incurrence of
the expense. The City will strictly monitor this element. Please note that cancelled checks must
be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient
should calendar itself accordingly to ensure that reimbursement requests are submitted to the
City in a timely manner.
Training Requirements
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