Home Program Agreement a0l3-.V2
HOME PROGRAM AGREEMENT
THIS AGREEMENT, entered into this2.1day of - X016 (Effective Date), by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at
1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the City); and
CARRFOUR SUPPORTIVE HOUSING, INC.a Florida not-for-profit corporation,with offices located
at 1398 SW 1st Street, Suite 1201, Miami, Florida, and HARDING VILLAGE, LTD., a Florida limited
partnership, with offices located at 1398 SW 1st Street, Suite 1201, Miami, Florida, (hereinafter
collectively referred to as CARRFOUR).
WITNESSETH:
WHEREAS,on February 18, 1992,the City was designated by the United States Department
of Housing and Urban Development(HUD) as a participating jurisdiction for the receipt of funds as
provided under the HOME Investment Partnerships Program and pursuant to the HOME Program
Final Rule, 24 CFR PART 92, as same may be amended from time to time; and
WHEREAS, the City has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through the Fiscal Year 2013/2014 One-Year Action Plan for Federal funds, adopted by
Resolution No. 2013-28292 on July 19, 2013; and
WHEREAS,the Carrfour Supportive Housing-Harding Village project was awarded$92,885
less than the requested amount to complete the project; and
WHEREAS, pursuant to Resolution No. 2014-28536, the City Commission authorized the
recapture of HOME funds from the Barclay Apartments project and the allocation of funds to the
Carrfour Supportive Housing- Harding Village project
NOW,THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement the terms listed below shall have the following meanings:
(a) HOME Program: HOME Investment Partnerships Program, as further set forth and
defined in Final Rule, 24 CFR Part 92, as same may be amended from time to time;
(b) HUD: United States Department of Housing and Urban Development or any
successor agency;
(c) CHDO: Community Housing Development Organization, as defined in the HOME
Program;
(d) Funds: HOME Program funds;
1 I CMB HOME revised 10/2016
(e) CHDO Operating Expenses: Those eligible reasonable and necessary costs for the
operation of the CHDO such as salaries, wages, and other employee compensation and
benefits; employee education,training, and travel; rent; utilities; communication costs;taxes;
insurance; and equipment, materials and supplies. CARRFOUR agrees that eligible
operating expenses under this Agreement are limited to those eligible costs for operating
expenses as outlined in the HOME Program, at 24 CFR PART 92.208. Funds may not be
used to pay operating expenses incurred by a CHDO acting as a sub-recipient or contractor
under the HOME Program.
Any term not otherwise defined in this Article I or in this Agreement shall have the meaning set forth
in the HOME Program.
ARTICLE II
ALLOCATION OF HOME FUNDS
In consideration for the performance by CARRFOUR of its obligations under this Agreement, the
City will provide CARRFOUR with HOME Program funding, in the total amount of NINETY-TWO
THOUSAND EIGHT HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($92,885.00)(the Funds).
The Funds will be provided to CARRFOUR from the City's HOME Program allocation of recaptured
funds from the Barclay Apartments project, and shall be used for eligible CHDO Project Expenses
for the rehabilitation of the apartment building known as Harding Village, located at 8520 Harding
Avenue, Miami Beach, Florida, 33141,that will provide seventy(70) HOME units of affordable rental
housing (the Project).
CARRFOUR will provide the services set forth in the Scope of Services attached as Exhibit "A"
hereto. The Scope of Services shall be provided in accordance with, and subject to, the Project
Line-Item Budget and Project Pro Forma attached as Exhibit "C" hereto. The Project Line-Item
Budget will include all sources of Project funding, and the uses of each source of funds.
CARRFOUR will maintain required HOME Program rent and occupancy limitations and standards
for a minimum period of thirty(30)years(the Affordability Period), commencing with(i)the issuance
of the Certificate of Occupancy (CO) and (ii) the leasing of all units to program-eligible tenants for
the Project.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
In accordance with the HOME Program, at 24 CFR PART 92.300(a)(2), CARRFOUR may retain the
proceeds resulting from investment of its CHDO set aside funds for use in other housing activities
which benefit low-income families. However, any retention of HOME funds for housing not meeting
the affordability requirements of the HOME Program, at(24 CFR PART 92.252),will be considered
Program income and will be repaid in accordance with the requirements of the HOME Program, (at
24 CFR PART 92.503).
In accordance with the HOME Program, at 24 CFR PART 92.300, Project proceeds shall be
restricted to uses specified by the HOME Program, at 24 CFR Part 92.301. CARRFOUR must have
effective Project control, as required by the HOME Program, at 24 CFR PART 92.300(a)(1).
2 CMB HOME revised 10/2016
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS
PROVIDED UNDER THE HOME PROGRAM
CARRFOUR expressly agrees that the following provisions shall apply to its use of the Funds:
(a) CARRFOUR will enter into a written agreement(or agreements)with the City,within
twenty-four (24) months of the effective date of the Fiscal Year 2013/2014 HOME
Agreement between HUD and the City, in order to commit the Funds to a specific
eligible CHDO project (or projects). The City, at its sole discretion, may require
commitment of the Funds within an earlier time period, as determined in the sole and
reasonable discretion of the City Manager, in the event same is necessary to avoid
recapture of said Funds.
(b) CARRFOUR shall comply with all Project requirements, as defined by the HOME
Program, at 24 CFR SUBPART F, Sections 92.250, 92.251, 92.252, 92.253, and
92.254.
(c) CARRFOUR will maintain a financial management system that conforms to the
financial accountability standards of the HOME Program, at 24 CFR PART 84.21
("Standards for Financial Management Systems"). CARRFOUR is prohibited from
charging tenant fees that are not customarily charged in rental housing.
(d) Affirmative Marketing. CARRFOUR shall adopt and implement affirmative marketing
procedures for rental and home buyer projects containing five (5) or more HOME-
assisted housing units, as set forth in the HOME Program, at (24 CFR 92.351).
CARRFOUR shall maintain records of its affirmative marketing activities in
accordance with the record keeping requirements of the HOME Program,at 24 CFR
92.508 (a)(7)(ii).
(e) CHDO Capabilities. As a City CHDO, CARRFOUR shall develop, sponsor, or own
the project (or projects) funded by the Funds and shall at all times have/maintain
effective management control over such project (or projects). CARRFOUR shall
comply with the requirements for a Community Housing Development Organization
(CHDO) as defined by 24 CFR Part 92.300 and 92.301.
(f) Change in Status: CARRFOUR shall advise the City, in writing, within thirty (30)
days of any organizational, operational, or legal status changes made by
CARRFOUR that affect documents that were submitted by CARRFOUR to obtain
CHDO status.
(g) Property Standards: CARRFOUR shall comply with the property standards
requirements set forth in the HOME Program, at 24 CFR PART 92.251. CARRFOUR
must annually certify to the City that all HOME-assisted units are suitable for
occupancy, taking into account State and local health, safety, and other applicable
codes, ordinances, and regulations and the ongoing property standards meeting the
requirements of 24 CFR Part 92.251.
(h) CARRFOUR shall comply with the requirements of Executive Orders Nos. 11625
and 12432, concerning Minority Business Enterprise, and Executive Order
No.12138, concerning Women's Business Enterprise, which encourage the use of
minority and women's business enterprises, to the maximum extent possible, in
connection with HOME-funded activities.
3 CMB HOME revised 10/2016
(i) CARRFOUR shall comply with the Displacement, Relocation, and Acquisition
requirements in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C.4201-4655), and 49 CFR •
Part 24.
(j) CARRFOUR shall comply with all of the following federal laws, executive orders, and
regulations pertaining to fair housing and equal opportunity, as same may be
amended:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)--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. Its implementing regulations may be
found in 28 CFR Part 1.
(2) Title VIII of the Civil Rights Act of 1968 (the"Fair Housing Act")(42 U.S.C. 3601)
and its implementing regulations at 24 CFR Part 100-115-- Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the
basis of race, color, religion, sex, national origin, familial status or handicap.
(3) Equal Opportunity in Housing (Executive Order 11063, as Amended by Executive
Order 12259), and implementing regulations at 24 CFR Part 107 -- Prohibits
discrimination in housing or residential property financing related to any federally
assisted activity against individuals on the basis of race, color, religion, sex or
national origin.
(4) Age Discrimination Act of 1975, (42 U.S.C. 6101) and its implementing
regulations at 24 CFR Part 146--Prohibits age discrimination in programs receiving
federal financial assistance.
(5) Equal Employment Opportunity,u n'ty, E x
ecutive Order 11246, and its implementing
regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
Provisions to effectuate this prohibition must also be included in all construction
contracts exceeding $10,000. CARRFOUR will be in compliance with 24 CFR Part
92.350 "Other Federal Requirements".
(k) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u)—
which requires that, to the greatest extent feasible, opportunities for training and
employment, arising from HOME funded projects, will be provided to low-income
persons residing in the program service area and, to the greatest extent feasible,
contracts for work to be performed in connection with HOME funded projects will be
awarded to business concerns which are located in or owned by persons residing in
the program service area.
(I) CARRFOUR will ensure that all units in the Project(or projects)assisted with HOME
funds comply with the Lead Based Paint Poisoning Prevention Act(42 U.S.C. 4821,
et) and its implementing regulations at 24 CFR PART 35. CARRFOUR will ensure
that all contractors performing renovation, repair and painting of projects assisted
with HOME funds comply with the certification requirements of the 2008 EPA Rule
under 40 CFR Part 745.
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(m) Federal Labor Standards Provisions, as described in HUD Handbook 1344-1
(Federal Labor Standards Compliance in Housing and Community Development
Programs) and HOME Final Rule, 24 CFR Part 92.354--Applies to all projects with
twelve (12) or more HOME-assisted units, regardless of whether HOME funds are
used for construction or other costs.
(n) CARRFOUR agrees to administer a policy to ensure that it complies with the Drug-
Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure
that its workplace is free from the unlawful manufacture, distribution, dispensing,
possession or use of drugs or alcohol.
(o) CARRFOUR agrees to adhere to and be governed by the following accessibility
requirements:
1. Architectural Barriers Act of 1968, as Amended (42 U.S.C.4151) and its
implementing regulations at 35 CFR Part 107 -- States that public (i.e., those
intended to be accessible to the general public)buildings and conveyances financed
with federal funds are designed, constructed, or altered to provide accessibility to the
physically handicapped.
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally
assisted programs on the basis of handicap and imposes requirements to ensure
that "qualified individuals with handicaps" have access to programs and activities
that receive federal funds.
3. Title VIII of the Civil Rights Act of 1968, as Amended the"Fair Housing Act"
(42 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115.
4. CARRFOUR must complete and submit the City's Disability Non-
Discrimination Affidavit (Affidavit), a copy of which is attached as Exhibit"E" hereto.
In the event CARRFOUR fails to execute the City's Affidavit, or is found to be in non-
compliance with the provisions of the Affidavit, the City may impose such sanctions
as it may determine to be appropriate, including but not limited to, withholding of
payments to CARRFOUR under the Agreement until compliance, and/or termination
of the Agreement.
ARTICLE V
[INTENTIONALLY OMITTED]
ARTICLE VI
METHOD OF PAYMENT
The Funds shall be paid to CARRFOUR as follows:
(a) CARRFOUR shall be paid for eligible Project Expenses, as set forth in the Budget
(Exhibit C), based on actual costs, and with supporting documentation. CARRFOUR shall
5 CMB HOME revised 10/2016
be paid only for those expenditures identified in the Budget. In order to be considered
eligible for payment, Project Expenses not identified in the Budget must obtain the prior
written approval of the City Manager prior to CARRFOUR incurring such expenses. Budget
line item transfers must also obtain the prior written approval of the City Manager.
Supporting documentation shall include, but not be limited to, the following:
(1) 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.
(2) A system of allocation that will assure reliable cost measurements and customary
service delivery costs.
(3) Time sheets for split-funded employees, who work on more than one activity, in
order to record the HOME activity delivery cost by project and the non-HOME related
charges.
(b) Requests for payment shall be assembled by calendar month and received by the
City no later than the 10th day of the succeeding month. Failure to comply may result in
rejection of invoices.
(c) No payments will be made without evidence of all appropriate insurance required by
this Agreement.
(d) CARRFOUR understands and agrees that disbursements of any Funds may not be
requested until such Funds are needed for payment of eligible costs. The amount of each
request must be limited to the amount needed. In no event shall the City provide advance
funding to CARRFOUR, nor shall CARRFOUR advance Funds to any party.
Payment of all or any portion of the Funds may be withheld pending the receipt and approval by the
City of any and all reports and documents which CARRFOUR is required to submit pursuant to this
Agreement.
ARTICLE VII
SUBCONTRACTS
(a) CARRFOUR agrees that no work or services contemplated by this Agreement shall
be subcontracted without the prior written approval of the City Manager.
(b) CARRFOUR shall require, and shall include language in all contracts with sub-
contractors, that said sub-contractor shall hold the City of Miami Beach, Florida, harmless
against all claims of whatever nature arising out of the subcontractor's performance of work
or services.
(c) CARRFOUR shall provide the City with copies of all executed subcontracts within ten
(10) days after execution.
6 ' CMB HOME revised 10/2016
ARTICLE VIII
[INTENTIONALLY OMITTED]
ARTICLE IX
TERM OF AGREEMENT (TERM)
This Agreement shall become effective upon execution by the parties hereto, as set forth in the
Effective Date on page 1 hereof, and shall terminate at the conclusion of the Affordability Period as
defined in Article II hereto.
ARTICLE X
[INTENTIONALLY OMITTED]
ARTICLE XI
AMENDMENTS
Any amendments or modifications to this Agreement shall only be valid when they have been
reduced to writing and duly approved and signed by both parties hereto. Any changes which do not
materially change the scope of the Agreement, or increase the total amount of Funds payable under
this Agreement, may be approved and executed by the City Manager on behalf of the City.
ARTICLE XII
CONFLICT OF INTEREST
(a) CARRFOUR shall comply with the standards contained in the HOME Program, at 24
CFR Part 92.356, which states that no owner, developer or sponsor of a project assisted
with HOME funds (or officer, employee, agent or consultant of the owner, developer or
sponsor), whether private for-profit or non-profit (including a CHDO when acting as an
owner, developer or sponsor) may occupy a HOME-assisted affordable housing unit in a
project. This provision does not apply to an owner-occupant of single-family housing or to
an employee or agent of the owner or developer of a rental housing project who occupies a
HOME assisted unit as the project manager or maintenance worker. Exceptions may only
be granted by the City in accordance with 24 CFR Part 92.356(f)(2).
(b) CARRFOUR shall disclose any possible conflicts of interest or apparent improprieties
of any party that is covered by the above standards. CARRFOUR shall make such
disclosure, in writing,to the City Manager immediately upon CARRFOUR's discovery of such
possible conflict. The City will then render, or cause to be rendered, an opinion, which shall
be binding on all parties.
(c) Related Parties. CARRFOUR shall report to the City the name, purpose, and any
other relevant information in connection with any related-party transaction. This includes,
but is not limited to, a for-profit or non-profit subsidiary or affiliate organization, an
organization with overlapping board of directors, and an organization for which CARRFOUR
7 I CMB HOME revised 10/2016
is responsible for appointing memberships. CARRFOUR shall report this information to the
City Manager upon forming the relationship or, if already formed, shall otherwise report it
immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
CARRFOUR shall indemnify and hold harmless the City, and its officers, employees, contractors,
and agents, from any and all claims, liabilities, losses, and causes of action which may arise out of
an error, act, omission, negligence, or misconduct on the part of CARRFOUR, or any of its officers,
directors, employees, agents, servants, contractors, subcontractors, consultants, sub consultants,
patrons, guests, clients, and/or invitees, in connection with this Agreement and/or with the Project
contemplated herein. CARRFOUR shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits(including appeals) in the name of the City,and/or its
officers, employees, contractors, and agents,and shall pay all costs and judgments which may issue
thereon. This indemnification shall survive termination and/or expiration of this Agreement.
CARRFOUR shall maintain, during the Term of this Agreement, the insurance specified below.
(1) General Liability: $1,000,000 combined single limit for bodily injury and property
damage, for each occurrence, subject to adjustment for inflation by the City.
(2) Contractual Liability: the policy must include coverage to cover the above
indemnification.
(3) Automobile and vehicle coverage, in the amount of $1,000,000 per occurrence,
subject to adjustment for inflation by the City, shall be required when the use of
automobiles and other vehicles are involved in any way in the performance of the
Agreement, including non-owned automobile coverage.
(4) Workers' Compensation Coverage as required pursuant to Florida Statute.
(5) Builders Risk/Comprehensive Fire and Hazard Insurance: CARRFOUR shall provide
the City with the original policy of Builder's Risk and Comprehensive Fire and Hazard
Insurance, in completed value form, with extended coverage in the amount of the full
insurable value of the specific funded project(or projects), upon completion of construction
(and providing for adjustment subject to inflation by the City), issued by a company
satisfactory to the City.
(6) Flood Insurance: If the floor grade of the first level of the building is determined to be
below the base floodplain elevation required by the Federal Emergency Management
Agency (FEMA) of eight (8) feet above National Geodetic Vertical Datum (NGVD),
CARRFOUR shall provide the City with evidence, satisfactory to the City,that the premises
are covered by flood insurance supplied by the Federal Insurance Administration, to the
maximum amount available, all as provided in the Flood Disaster Protection Act of 1973,
as amended, together with appropriate endorsement.
CARRFOUR shall submit to the City ORIGINAL certificates of insurance for the above
coverages.With the exception of the Workers'Compensation coverage,all other coverages
required pursuant to this Agreement must name the City of Miami Beach, Florida, as an
additional insured.
8 CMB HOME revised 10/2016
All insurance coverage shall be approved by the City's Risk Manager prior to the release of any
Funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to
the City's Risk Manager within thirty(30)days after the execution of this Agreement,this Agreement
shall automatically terminate and become null and void, without further notice to CARRFOUR
required, and the City shall have no obligation under the terms hereof. In the event of such
automatic termination, CARRFOUR shall immediately return the entire amount of the Funds to the
City, and the City's rights and remedies against CARRFOUR shall be the same as set forth in Article
IX.
ARTICLE XIV
REPORTS
(1) Progress Reports. CARRFOUR shall submit Monthly Project Status Reports as set
forth in Exhibit "A" hereto, describing the progress made by CARRFOUR 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. It will be the sole responsibility of
CARRFOUR to notify the City Manager, in writing, of any action, law, or event that
may impede or hinder the success of the activities contemplated by this Agreement.
After such notification, the City Manager will take whatever actions he/she deems
appropriate to ensure the success of the project.
(2) CARRFOUR must annually provide the City with information on the rents and
occupancy of the HOME-assisted units to demonstrate compliance with 24 CFR Part
92.252. If the rental will have floating HOME units then CARRFOUR must provide
the City with information regarding unit substitution and filling vacancies so that the
project remains in compliance with HOME requirements.
(3) The City may require that CARRFOUR submit such other reports, as the City
Manager may reasonably deem necessary, to demonstrate CARRFOUR's
compliance with any of the terms of this Agreement.
If the required reports described above are not submitted to the City, or are not completed in a
manner reasonably acceptable to the City Manager, the City may withhold further payments until
they are completed, or take any other such action, including default, as the City Manager may deem
appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
CARRFOUR shall maintain any and all records, as necessary, to document compliance with the
provisions of this Agreement. At any time during normal business hours and as often as the City
Manager (and/or the comptroller of the United States) may deem necessary, there shall be made
available to the City Manager and/or his/her authorized representatives(and/or the U.S. Comptroller
and/or his/her authorized representatives), to audit, examine and make audits, of all contracts,
invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating
to all matters covered by this Agreement. If during the course of a monitoring, the City determines
that any payments made to CARRFOUR do not constitute an allowable expenditure, the City will
9 I CMB HOME revised 10/2016
have the right to re-capture said monies, which shall include, without limitation, the right to
deduct/reduce those amounts from their related invoices, and/or from any remaining portion of
Funds not yet paid to CARRFOUR.
Monitoring site-visits will be performed annually during the Term of this Agreement as outlined in
Exhibit "A" attached hereto.
ARTICLE XVI
COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
CARRFOUR shall comply with all applicable federal regulations as they may apply to
program/project administration, and will further comply with all applicable State, Miami-Dade County,
and City laws and ordinances.
ARTICLE XVII
TERMINATION DUE TO LACK OF FUNDING
It is expressly understood and agreed by CARRFOUR that the Funds originate from grants of
HOME funds and must comply with all applicable HUD rules and regulations.
It is expressly understood and agreed by CARRFOUR that, in the event of curtailment or non-
production of Funds, the financial sources to pay CARRFOUR under this Agreement will not be
available and, in such event, this Agreement will thereby terminate effective as of the time that it is
determined by the City Manager, in his sole and reasonable judgment and discretion, that said
Funds are no longer available.
In the event of such termination, CARRFOUR agrees that it will not look to, nor seek to hold,the City
of Miami Beach, or any of its officials, officers, employees, contractors, or agents, personally liable
for performance of this Agreement, and the City shall be released from any and all liability to
CARRFOUR under the terms of this Agreement.
ARTICLE XVIII
ACCESS TO RECORDS
CARRFOUR shall allow access to all financial and other records, during normal business hours, to
authorized federal, State, Miami-Dade County, or City representatives, and shall provide such
assistance as may be necessary to facilitate financial and/or other audit by any of these
representatives including, without limitation, as deemed necessary by such representatives to insure
compliance with applicable accounting and financial standards.
10 � CMB HOME revised 10/2016
ARTICLE XIX
[INTENTIONALLY OMITTED]
ARTICLE XX
PROJECT PUBLICITY
CARRFOUR agrees that any news release or any other type of publicity pertaining to the Project
must recognize the City as the recipient funded by the United States Department of Housing and
Urban Development and administered by the City of Miami Beach Office of Real Estate, Housing
and Community Development as the entity which provided Funds for the Project. Such news
releases and any other publicity shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH HOME PROGRAM"
In written materials, the words below shall appear in the same size letters or type as the name of
CARRFOUR:
"CITY OF MIAMI BEACH HOME PROGRAM FUNDS ADMINISTERED BY THE CITY OF
MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY SERVICES"
ARTICLE XXI
[INTENTIONALLY OMITTED]
ARTICLE XXII
ASSIGNMENT
This Agreement, nor any part hereof, may be assigned, transferred, or subcontracted without the
prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion
and judgment.
ARTICLE XXIII
[INTENTIONALLY OMITTED]
ARTICLE XXIV
INDEPENDENT CONTRACTOR
CARRFOUR, and its officials, directors, employees, contractors, and agents, shall be deemed to be
independent contractors and not agents or employees of the City, and shall not attain any rights or
11 I CMB HOME revised 10/2016
benefits under the Civil Service or Pension Ordinances of the City, or any rights generally afforded
Classified or Unclassified City employees; nor shall any such individuals be deemed entitled to the
Florida Workers' Compensation benefits as would employees of the City.
ARTICLE XXV
[INTENTIONALLY OMITTED]
ARTICLE XXVI
TERMINATION FOR CAUSE
This Agreement may be terminated for cause. "Cause" shall include the following:
(a) CARRFOUR's failure to comply and/or perform in accordance with any of the terms
and conditions of this Agreement, or any applicable federal, State, County, or City law or
regulation;
(b) CARRFOUR's failure to maintain the insurance required by the City;
(c) CARRFOUR's failure to submit any required report to the City, or submittal of a report
which is late, incorrect, or incomplete in any material respect after notice and opportunity to
cure, as set forth in subparagraph (e) hereof, has been given by the City to MBCDC;
(d) Implementation of this Agreement, for any reason, is rendered impossible or
infeasible;
• (e) CARRFOUR's failure to respond, in writing, within thirty(30) days of notice of same
from the City, to any concerns raised by the City, including providing substantiating
documentation when requested by the City;
(f) Any evidence of fraud, waste, or mismanagement, as determined by the City's
monitoring under this Agreement, or any violation of applicable HUD rules and regulations;
(g) CARRFOUR's insolvency or bankruptcy;
(h) An assignment or transfer of this Agreement(or any portion hereof)which does not
comply with the procedures set forth in Article XXII;
(i) CARRFOUR's failure to comply and/or perform in accordance with
the affordability requirements; or
Q) Any unauthorized transfer of title by CARRFOUR of title to the
Project.
If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of
such notice of default to CARRFOUR, at the expiration of said thirty (30) day period (or such
additional period of time, as may be permitted by the City Manager, in his sole discretion, as
required to cure such default and in the event CARRFOUR is diligently pursuing curative efforts)this
Agreement may, at the City Manager's sole option and discretion, be deemed automatically
12 I CMB HOME revised 10/2016
canceled and terminated, and the City shall be fully discharged from any and all liabilities and duties
and terms arising out of, or accruing by virtue of,the Agreement. In the event of a default for cause,
the City may also, at its option, avail itself of any and all remedies pursuant to the HOME Program
(at 24 CFR Part 85.43), including suspension and/or re-capture of the Funds, or any portion thereof,
and any other remedies that may be available at law or equity.
ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI hereof,the City may terminate this Agreement for convenience,as set
forth in 24 CFR Part 85.44. In the event of termination for convenience, CARRFOUR shall
immediately return any unused Funds(as of the date of termination)to the City. Notwithstanding the
preceding, the City reserves any and all legal rights and remedies it may have with regards to
recapture of all or any portion of the Funds as a result of incomplete and/or unsatisfactorily
performed Project items.
ARTICLE XXVIII
ADDITIONAL CITY REMEDIES
In the event of a default and termination, the City shall also be entitled to bring any and all legal
and/or equitable actions which it deems to be in its best interest, in Miami-Dade County, Florida, in
order to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXIX
MAINTENANCE AND RETENTION OF RECORDS
CARRFOUR shall maintain all records required pursuant to the HOME Program, at 24 CFR Part
92.508, in an orderly fashion and in a readily accessible, permanent and secured location, and will
prepare and submit all reports required herein, to assist the City in meeting record keeping and
reporting requirements herein.
(a) Records shall be maintained for a period of five(5) years after the closeout of Funds
under this Agreement, except as provided in subsections (b), (c) and (d), herein.
(b) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
subsection (a), whichever is later.
(c) Records regarding Project requirements that apply for the duration of the Affordability
Period, as well as the written agreement and inspection and monitoring reports, must be
retained for five (5) years after the Affordability Period terminates.
(d) Records covering displacements and acquisition must be retained for at least five(5)
13 I CMB HOME revised 10/2016
years after the date by which the persons displaced from the property and all persons whose
property is acquired for the Project, have received the final payment to which they are
entitled in accordance with 24 CFR Part 92.353.
ARTICLE XXX
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $10,000 less any
amounts actually distributed by the City to CARRFOUR. CARRFOUR hereby expresses its
willingness to enter into this Agreement with CARRFOUR's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of $10,000 less any amounts
actually distributed by the City to CARRFOUR. Accordingly, and notwithstanding any other term or
condition of this Agreement, CARRFOUR hereby agrees that the City shall not be liable to
CARRFOUR for damages in an amount in excess of$10,000, for any action or claim for breach of
contract arising out of the performance or non-performance of any obligations imposed upon the
City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida
Statutes, Section 768.28.
ARTICLE XXXI
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, CITY AND CARRFOUR EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
ARTICLE XXXII
[INTENTIONALLY OMITTED]
ARTICLE XXXIII
[INTENTIONALLY OMITTED]
14 I CMB HOME revised 10/2016
ARTICLE XXXIV
NOTICES
All notices shall be sent to the parties at the following addresses:
City: Maria Ruiz, Director
City of Miami Beach
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, FL 33139
CARRFOUR: Stephanie Berman, President
Carrfour Supportive Housing, Inc.
1398 SW 1st Street, Suite 1201
Miami, FL 33135
or such address and to the attention of such other person as the City or CARRFOUR may from time
to time designate by written notice to the other.
ARTICLE XXXV
MISCELLANEOUS
(a) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(b) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(c) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(d) If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
(e) City and CARRFOUR agree that this Agreement shall be binding upon the parties
herein, and their respective heirs,executors, legal representatives, successors,and assigns.
15 1 CMB HOME revised 10/2016
•
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their duly authorized officials on the day and date first above indicated.
CARRFOUR SUPPORTIVE HOUSING, INC.
a Florida not-for-profit corporation
ATTE T:
(114, i ., l ' td 1
Secretary Sig =ture
646.4&01 , 1NP Stephanie Berman President/CEO
Print Name Na e and Title
HARDING VILLAGE, LTD.
A Florida limited partnership
BY: Harding Village, Inc., Its General Partner
ATIST: i/ K li IL--
Secretary Sig :' 'r-
C c, 4— P/a
Stephanie Berman, President/CEO
Print Name Name and Title
CITY OF MIAMI BEACH
a Florida municipal corporation
ATTEST: /// ,,,, ,
/ t qL7 k,
City Clerk Signature
lea E. G�(tn-rvr'r9c, P ilia, e : n�Ma or
Print Name �.o��""`��Up�'It are - a Title
-J \ B '9 C bgi,
�' \ '4 APPROVED AS TO
i�: r��::�='~ FORM &LANGUAGE
C�ykl-rC-1).: &FOR EXECUTION
o,� :: ,0_ , 7 z (b ca. .11.
4414 ;T O H.2° City Attorne to
-144/1
16 I CMB HOME revised 10/2016
AMENDED EXHIBIT "A"
"SCOPE OF SERVICES"
The Sub-Recipient agrees to provide the following:
Service Units of Documentation of Service
Service
Rehab of Harding Delivery of 70 f Provision of all documentation as required in the '
Village Apartments HOME Program f Agreement and completion of rehabilitation as
Eligible Units outlined in budget, and receipt of the Certificate
As described in I of Completion (CC). Proof of occupancy by
the attached HOME-eligible tenants.
Exhibit E
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.
HUD Income Limits — The Sub-Recipient must ensure that HUD Income Limits
(household income) are utilized when determining client eligibility for HUD-funded
services. Income limits are posted further below.
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.
1
Monthly Financial Report — The Sub-Recipient is required to submit a monthly
financial report by the 10th of the following month regardless of whether or not funds
are requested. The report delineates project expenses incurred including non-City
funds and must include the corresponding evidence of expense incurred for any
expense which is being submitted for reimbursement.
Monthly Proformas — All Capital projects with multiple (more than one) funding
sources require the submission of monthly proformas to the City.
Professional Services Contracts — Professional services funded through this
Agreement must adhere 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 disbursed 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 the Sub-
Recipient complete and submit to the City Form HUD 60002, Section 3 Summary
Report, Economic Opportunities for Low- and Very-Low Income Persons (OMB No.
2529-0043).
Service Deliverables
Services must be delivered as follows:
Service Unit of Service Service Location Timeframe
Rehab of Harding Delivery of 70 HOME 8520 Harding Completion by April
Village Apartments _ ! Eligible Units. ' Avenue ; 30, 2017
Service Benchmarks
Service Benchmark(s)
Completion of Rehab of Final Building Inspection and Receipt of Certificate of
Harding Village Apartments Completion (CC)
Project.
2
Service Documentation
Services will be deemed' as provided when the following documentation is provided
within the noted timeframes:
4,V0,14Se rviced . ' " :_Documentation'#W4N--:RSubmissionDeadline
Rehab of Harding Provision of all documentation as April 30, 2017
Village Apartments. ' required in the Agreement and
completion of rehabilitation as outlined in
budget, and receipt of the Certificate of
Completion (CC).
Applicable Federal Regulations
The Sub-Recipient must apply to all applicable federal regulations including:
I. Non-Discrimination and Equal Access
No person in the United States shall on the grounds of race, color, national origin,
religion or sex be excluded, denied benefits or subjected to discrimination under any
program funded in whole or in part by CDBG/HOME funds. The Provider must take
measures to ensure non-discriminatory treatment, outreach and access to program
resources. This applies to employment and contracting, as well as to marketing and
selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity. They are summarized
below:
Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.):
States that no person may be excluded from participation in, denied the benefits
of, or subjected to discrimination under any program or activity receiving Federal
financial assistance on the basis of race, color or national origin. The regulations
implementing the Title VI Civil Rights Act provisions for HUD programs may be
found in 24 CFR Part 1.
The Fair Housing Act (42 USC 3601-3620): Prohibits discrimination in the sale or
rental of housing, the financing of housing or the provision of brokerage services
against any person on the basis of race, color, religion, sex, national origin,
handicap of familial status. Fair Housing Act implementing regulations may be
found in 24 CFR Part 100-115.
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.
3
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/HOME 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/HOME-assisted housing with five or more units. Requirements and
procedures must include:
1. 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);
2. A description of what owners and/or the Provider will do to affirmatively
market housing assisted with CDBG/HOME funds;
3. A description of what owners and/or the Provider will do to inform persons
not likely to apply for housing without special outreach;
4. Maintenance of records to document actions taken to affirmatively market
CDBG/HOME-assisted units and to assess marketing effectiveness; and
5. A description of how efforts will be assessed and what corrective actions
will be taken where requirements are not met.
Handicapped Accessibility
The CDBG/HOME 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)
4
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits
discrimination in federally assisted programs on the basis of handicap. Section
504 imposes requirements to ensure that "qualified individuals with handicaps"
have access to programs and activities that receive Federal funds. Under
Section 504, recipients and Sub-Recipients are not required to take actions that
create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social
services, all of the activities of the agency -- not only those directly receiving
Federal assistance -- are covered under Section 504. Contractors or vendors are
subject to Section 504 requirements only in the work they do on behalf of the
Provider or the City. The ultimate beneficiary of the Federal assistance is not
subject to Section 504 requirements.
The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain
Federal and Federally-funded buildings and other facilities to be designed,
constructed or altered in accordance with standards that ensure accessibility to,
and use by, physically handicapped people.
II. Employment and Contracting
The Provider must comply with the regulations below governing employment and
contracting opportunities. These concern equal opportunity, labor requirements and
contracting/procurement procedures.
Equal Opportunity . •
The Provider must comply with the following regulations that ensure equal
opportunity for employment and contracting:
Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination"against any employee or applicant for employment because of
race, color, religion, sex or 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/HOME 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/HOME will be awarded to
business concerns that are located in or owned by persons residing in the
program service area.
Minority/Worhen'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 auJ contracts (see 24 CFR 85.36(e)).
5
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/HOME programs are 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/HOME funds, the procurement
requirements at 24 CFR Part 84 apply.
Conflict of Interest: The CDBG regulations require grantees (the City), state
recipients and Sub-Recipients (the Provider) to comply with two different sets of
conflict-of-interest provisions. The first set of provisions comes from 24 CFR
Parts 84 and 85. The second, which applies only in cases not covered by 24
CFR Parts 84 and 85, is set forth in the CDBG regulations. Both sets of
requirements are discussed below.
- The provisions at 24 CFR 85.36 and 24 CFR 84.42 apply in the
procurement of property and services by grantees (the City), state recipients,
and Sub-Recipients (the Provider). These regulations require the City and
6
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/HOME 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.
HOME-funded projects must comply with 24 CFR 92.356.
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/HOME regulations at 24 CFR 570.611and 24 CFR 92.356
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 Sub-
Recipient (the Provider). The regulations state that no person covered who
exercises or has exercised any functions or responsibilities with respect to
CDBG/HOME activities or who is in a position to participate in decisions or gain
inside information:
- May obtain a financial interest or benefit from a CDBG activity; or
Have an interest in any contract, subcontract or agreement for themselves
or for persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year
after leaving the grantee (the City), the state recipient or Sub-Recipient (the Provider)
entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD
on a case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the
.disclosure has been made public; and
7
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, CDBQ/HOME 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/HOME
funds are committed for non-exempt activities. Private citizens and organizations
may object to the release of funds for CDBG/HOME 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/HOME 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.
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
8
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.gov/offices/lead/index.cfm. For further information, you
9
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/HOME projects involving acquisition, rehabilitation or demolition may be
subject to the provisions of the Uniform Relocation Act (URA). 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/HOME 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 (Effective 05/14/2010) (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
AMU Income Category 1 2 3 4 5 6 7 8
person persons persons persons persons persons persons persons
Extremely Low 14,950 17,050 20,160 24,300 28,440 32,580 36,730 40,890
$49,900 (30%)
Very Low(50%) 24,850 28,400 31,950 35,500 38,350 41,200 44,050 46,900
Low Income(80%) 39,800 45,450 51,150 56,800 61,350 65,900 70,450 75,000
Change Orders/Budget Amendments
The goal should be to limit the use of Change Orders or Budget Amendments. Both
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, 2016 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.
10
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 in compliance with all local rules, regulations,
ordinances and laws (including having an active business license and the resolution
of all Code Compliance and Building Department violations) 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.
Furthermore, the Sub-Recipient must not have any outstanding and/or open Code
Compliance or Building Department violations at the time of the Agreement's
execution. Any pending issues must be disclosed. Those violations which are open at
the time of the Agreement's execution and are expected to remain open for the
foreseeable future require the submission and approval of a remediation plan
submitted to the City.
Cost Allocation Plans
Cost Allocation Plans (CAP) must be submitted for any employee/contractor whose
salary or compensation is not wholly funded by City funds. The CAP must include the
sources of compensation, percentage of work charged by funding source and
requires the submission of detailed time sheets distinguishing the work compensated
through City funds. Salary reimbursements will not be processed without an approved
CAP and weekly/bi-weekly timesheets, as appropriate.
Davis Bacon Reporting Requirements
Sub-Recipients funded for construction projects must notify the City at least twenty-
four (24) business hours in advance of construction start or an extended delay.
Sub-Recipients funded for construction projects must notify the City at least twenty-
four (24) business hours in advance of any new classification reporting for work in
order to enable the City to conduct mandated Davis Bacon Act compliance
interviews. Any failures to notify the City in a timely manner must be addressed within
twenty-hour (24) business hours of the classifications reporting to the job site.
11
Desk Audit
The City will conduct a desk audit of the Sub-Recipient, utilizing the City's Monitoring
Checklist, no later than 120 days from the commencement of services to determine if
a project site monitoring is required. The City's Contract Manager will contact the
Sub-Recipient, if necessary, to ensure that information needed for Desk Audit is on
file.
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
12
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)
While Desk Audits will be conducted to determine the need for an on-site monitoring
visit, any monitoring visit will take place within 180 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. Reference Exhibit E for additional information.
Performance Ratings
The Sub-Recipient agrees that its Performance Rating, the score awarded for
performance on the following measures, will be posted on the City's website on an
annual basis:
• Timely and accurate submission of Monthly Progress Report
• Timely and accurate submissions of Monthly Financial Reports
(reimbursement requests)
• Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
13
0 F Performance`Measure VA,'4 a Tltatin 'Rationale''Score M1.=4
Timely and accurate submission of ➢ "0" for failing to submit on time
Months Progress Report ; ➢ "25" for submitting on time •
{ Timely and accurate submissions of ➢ "0" for failing to submit accurate report
Monthly Financial Report (reimbursement with back-up material on time
requests) ➢ "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/Sources & Uses Reports
Capital projects must submit certified monthly proformas or Sources and Uses
reports 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 utilizing the forms provided by the
City. 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:
nfree onth'310 Date O submission;
November 2016 December 12, 2016
December 2016 January 10, 2017
January 2017 February 10, 2017
February 2017 March 10, 2017
March 2017 April 10, 2017
April 2017 May 10, 2017
14
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:
• City-provided forms are completely and accurately completed
• 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. Progress photos and additional reporting material is
encouraged.
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.
15
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.
Furthermore, at least sixty (60) percent of your allotted grant funds must be
expended by June 30, 2015 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
16
EXHIBIT "B"
"DOCUMENTATION"
The Sub-Recipient agrees to provide the following documents as part of its reporting
requirements:
To Document Insurance Coverage:
• Copy of insurance policy or binder (with proof of payment) with limits and
scope of coverage
To Document Client Eligibility and Service:
• Client attendance logs
• Intake and screening forms
• Executed client consent agreements
To Document Fiscal Leverage:
• Monthly project proformas (for capital projects only)
To Document Procurement:
• Evidence of at least three (3) quotes obtained for service/item
• Formal bid process including advertisement, scope, respondents and scoring
To Document Expenses Incurred:
• Cancelled checks with copy of referenced invoice
• Electronic payroll ledgers with corresponding bank transactions (statement)
• Executed professional service agreements (subject to procurement)
• Executed and notarized AIA Forms (for capital projects only)
• Executed and Filed Release of Lien (for capital projects only)
• Copies of valid work permits ad clearances (for capital projects only)
To Document Construction Completion:
• Certificate of Occupancy (CO)
To Document Lease-up of Affordable Housing:
• Rent rolls
• Tenant applications (with proof of income) and executed leases
17
AMENDED 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.
18
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EXHIBIT "D"
"FINANCIAL MANAGEMENT"
To comply with federal regulations, each program must have a financial management system
that provides accurate, current and complete disclosure of the financial status of the activity.
This means the financial system must be capable of generating regular financial status
reports which indicate the dollar amount allocated for each activity (including any budget
revisions), amount obligated (i.e., for which contract exists), and the amount expended for
each activity. The system must permit the comparison of actual expenditures and revenues
against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar
received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any
operating agency, which is not a City department or bureau, in order to determine whether or
not it meets all of the above requirements. If the agency's system does not meet these
requirements and modifications are not possible, the City must administer the CDBG funds
for the operating agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure. They normally include
the following items:
• Salaries - Should be supported by proper documentation in personnel files of hire date,
position, duties, compensation, 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 four years in order
to show for what purpose funds were spent. Payments should not be made without invoices
and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead.
19
Financial records are to be retained for a period of four years, with access guaranteed to the
City, to HUD or Treasury officials or their representative.
Audits
For years beginning after June 30, 1996, all nonprofit organizations, state governments, and
local governments that receive Federal funding fall under the revised OMB Circular A-133,
Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that
expend $500,000 or more in a year in Federal awards must have a single or program-
specific audit.
One copy of the sub-recipient or vendors' audited financial statement shall be submitted to
the City immediately following the end of the fiscal year(s) during which CDBG funds are
received.
All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form
(Form SF-SAC) and reporting package upon completion of the annual audit in accordance
with OMB Circular A-133. The deadline for this submission is the earlier of the 30 days after
receipt of the auditor's report(s), or nine months after the end of the audit period, unless a
longer period is agreed to in advance by the cognizant or oversight agency for the audit.
Address for submission is:
The Federal Audit Clearinghouse
1201 E. 10`h Street
Jeffersonville, IN 47132
Phone (301) 457-1551 or (800) 253-0696
Email: gov.fac(a�census.gov
Web: http://harvester.census.gov/sac
20
EXHIBIT "E"
"HOME UNITS"
Unit# Assigned to City of Miami Beach Assigned to MDC
1 A-101 x
2 A-101A x
3 A-102 x
4 A-IO2A x
5 A-103 x
6 A-103A x
7 A-104 x
8 A-104A x
9 A-105 x
10 A-105A x
11 A-106 x
12 A-106A x
13 A-107 x
14 A-107A x
15 A-108 x
16 A-108A x
17 A-20I x
18 A-201A x
19 A-202 x
20 A-202A x
21 A-203 x
22 A-203A x
23 A-204 x
24 A-204A x
25 A-205 x
26 A-205A x
27 A-206 x
28 A-206A x
29 A-207 x
30 A-207A x
31 A-208 x
32 A-208A
33 B-101 x
34 B-IOTA x
35 B-102 x
21
36 B-102A
37 B-103
38 B-I03A
39 B-104
40 B-104A
41 B-105
42 B-105A x
43 B-106
44 B-106A
45 B-201
46 B-201A
47 B-202
48 B-202A x
49 B-203
50 B-203A
51 B-204
52 B-204A
53 B-205
54 B-205A
55 B-206
56 B-206A
57 B-207
58 B-207A
59 B-208
60 B-208A
61 C-101
62 C-101A
63 C-102
64 C-102A
65 C-103 x
66 C-103A
67 C-104
68 C-104A
69 C-105
70 C-105A
71 C-106
72 C-106A
73 C-107
74 C-107A x
75 C-108 x
76 C-108A
22
77 C-201 x
78 C-201A x
79 C-202 x
80 C-202A x
81 C-203 x
82 C-203A x
83 C-204 x
84 C-204A x
85 C-205 x
86 C-205A x
87 C-206 x
88 C-206A x
89 C-207 x
90 C-207A x
91 C-208 x
92 C-208A x
23