Economic Dev. Dept.
~1---
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
COOPERATION AGREEMENT
This Agreement is entered into this 1 st day of October, 1998, by and between the
Community/Economic Development Department, acting through and on behalf of the
City of Miami Beach and the City of Miami Beach Community/Economic Development
Department hereinafter called the called the Project Operator, hereto mutually agree as
follows:
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of
Housing and Urban Development (HUD) for the purpose of conducting a Housing and
Community Development Program with Federal financial assistance under Title I of the
Housing and Community Development Act of 1974, as amended, hereinafter called "Act";
and the Cranston-Gonzalez National Affordable Housing Act of 1990; and the Housing and
Community Development Act of 1992; and
WHEREAS, the City has determined through its One-Year Action Plan for Federal
Funds for FY 1998/99 which includes the budgets for the Community Development Block
Grant (CDBG) Program, Emergency Shelter Grants (ESG) Program, and HOME
Investment Partnership Program, the necessity for providing Multifamily Housing
Rehabilitation (the Project); and
WHEREAS, One-Year Action Plan was adopted by City of Miami Beach Resolution
98-22814 on July 1,1998; and
WHEREAS, the City desires to engage the Project Operator to render certain
services in connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I:
SCOPE OF SERVICES
The Project Operator agrees to implement the Year Twenty-Four (24) Activity in
accordance with the attached Budget as follows:
Multifamily Housing Rehabilitation - $150.000
570.208(a)(3), 570.202
To provide decent, safe and sanitary housing through matching grants or other
financial inducements to rehabilitate multi-unit buildings, upgrade the existing
housing stock and provide affordable housing opportunities.
SECTION II: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by
HUD or upon being duly executed by both parties, whichever is later.
This Project shall become operational as of October 1, 1998, subject to the approval
of this Agreement by the Community/Economic Development Department (C/ED
Department) Director, and shall be completed by September 30, 1999. The term specified
herein may be subject to any applicable term restrictions and limitations prescribed by
HUD, and/or as may be otherwise prescribed herein.
SECTION III:
USE OF FUNDS
A. Project funds shall be used for those costs which are applicable to this Agreement.
No Project funds shall be obligated for payment of costs incurred for the Project
prior to the Notice of Release of Funds.
2
B. Costs incurred under this Project shall be in compliance with Federal Management
Circular OMB A-87 and Uniform Administrative Requirements, 24 CFR Section 85,
as set forth under 570.502.
C. The Project Operator shall maintain a citizen participation file which shall include
copies of written comments and/or complaints received regarding the Project
assisted under this Agreement, and copies of all responses.
D. The Project Operator shall comply with the provisions of 24 CFR 570.611 "Conflict
of Interest" and the Federal, State, County and City of Miami Beach statutes,
regulations, ordinances or resolutions governing conflicts of interest. No member,
officer, or employee of the City of Miami Beach, or its designees or agents, no
member of the governing body of the locality in which the CDBG program is
situated, and no other public official of such locality or localities who exercises any
function or responsibilities with respect to the Project during this tenure or for one
year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection with
the Project assisted under this Agreement.
E. The Project Operator agrees that when sponsoring a Project financed in whole or
in part under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the Program, research reports,
and similar public notices prepared and released by the Provider shall include the
statement:
"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH COMMUNITY
3
DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE
COMMUNITYI ECONOMIC DEVELOPMENT DEPARTMENT" shall appear in the
same size letters or type as the name of the Project Operator.
SECTION IV:
PROCUREMENT
A. The Project Operator shall follow the City of Miami Beach's procurement
procedures.
B. All procurement transactions regardless of whether by sealed bids or by negotiation
and without regard to dollar value, shall be conducted in a manner that provides
maximum open and free competition consistent with 24 CFR 85.36, "Uniform
Administrative Requirements-Procurement", except paragraph (a).
C. The Project Operator shall take affirmative steps to assure that Section 3 firms,
minority owned firms and women-owned businesses are utilized whenever possible
as sources of supplies, equipment, construction and services.
D. The Project Operator shall maintain records sufficient to detail the significant history
of a procurement. These records shall include, but are not necessarily limited to,
information pertinent to the following: rationale for the method of procurement,
selection of contract type, contractor selection or rejection, and the basis for the cost
or price.
E. The cost plus a percentage of cost and percentage of construction cost method of
contracting shall not be used.
F. The Community Development Division within the CIED Department shall review
and approve all procurement(s) prior to any transactions performed by the Project
4
Operator.
SECTION V:
METHOD OF PAYMENT
A. It is expressly understood and agreed that the total compensation to be paid for
actual expenses incurred shall not exceed the total amount of One Hundred Fifty
Thousand and 00/100 dollars ($150,000) of Program Year Twenty Four (24) CDBG
funds.
B. Payments shall not be made unless approval has been received from the
Community Development Division within the CIED Department prior to obligating
any CDBG funds.
C. The Community/Economic Development Department retains the right to prepare
and process the financial documents necessary to ensure proper payments.
SECTION VI:
AMENDMENTS
The following types of changes require the prior written approval from the Community
Development Division within the C/ED Department:
1. Changes in the Scope of Services.
2. Changes in any budget line-item.
3. Changes in the total appropriation.
In addition, appropriate documentation shall be submitted with any requests for increase
in the Project budget.
5
SECTION VII:
REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the Community Development program rests heavily on the
ability to produce an impact in income-eligible areas, through progress in accomplishing
scheduled activities. An effective method for maintaining Project progress against a
previously established schedule is through Project evaluation and reporting, which will
consist of both written reports and staff discussions on a regular basis. The ClEO
Department will monitor each Activity as required by HUD. The Project Operator also
assures prompt and efficient submission of the following:
A. Monthly Reports. due no later than the tenth (10th) day of the succeeding month.
Contents of the reports attached hereto and made a part hereof as Appendix 2 shall
include, but not necessarily be limited to, the following:
1. The Narrative Report
2. The Client Profile Report, when applicable.
3. The Financial Status Report, when applicable, which shall include the
request for payment and supporting documentation.
The Narrative Report, Financial Status Report and Client Profile Report must each contain
(i) the month for which the Monthly Report is submitted, (ii) the date submitted, and (iii) an
original signature of the person responsible for the contents of the Monthly Report.
B. Special Reports, required if determined necessary by the Community Development
Division within the ClEO Department.
6
C. Final Evaluation. due within twenty (20) days of contract completion. The final
report documents how the Statutory National Objective and the eligibility
requirements were met and must be submitted by the Project Operator for review
and approval. The contents of same shall include a cumulative total of the data
submitted during the Project's operation. Further, such report shall include
statistical findings which depict program efficiency; i.e., the number of dollars spent,
including non-CDBG funding sources, to render actual service to Project recipients,
and an overall evaluation of the Project's effectiveness, and quantitative results.
The final report will be evaluated and the Project Operator will be notified if
additional data is necessary or that the Activity is considered "closed-out".
There may be other reporting requirements in the event of Project changes, the
need for additional information or documentation arises, and/or legislative amendments are
enacted. The Project Operator shall be informed, in writing, if any changes become
necessary.
SECTION VIII:
COMPLIANCE REQUIREMENTS
A. The Project Operator agrees to comply with Section 3 of the Housing and Urban
Development Act of 1968, as amended, which provides that to the greatest extent
feasible, contract opportunities and opportunities for training and employment shall
be given to low income Miami Beach residents and businesses owned by, controlled
by, or employing a substantial number of, low income Miami Beach residents.
B. Pursuant to Section 109 of the Housing and Community Development Act, the
Project Operator certifies that no person shall be denied the benefits of the program
on the grounds of race, color, national origin or sex.
C. The Project Operator agrees to comply with the First Amendment Church/State
7
principles.
SECTION IX:
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal
Government representatives may deem necessary, there shall be made available to
representatives of the City and/or the Federal Government to review, inspect or audit all
records, documentation, and any other data relating to all matters covered by the
Agreement.
SECTION X:
COMPLIANCE WITH LOCAL. STATE AND FEDERAL
REGULA TIONS
The Project Operator agrees to comply with all applicable Federal regulations as
they may apply to Project administration and to carry out each Activity in compliance with
the laws and regulations as described in 24 CFR Part 570 Subpart K. Additionally, the
Project Operator will comply with all state and local laws and ordinances hereto applicable.
SECTION XI:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies
contemplated by this Agreement to be used for compensation originate from grants of
Federal CDBG funds, and must be implemented in full compliance with all of HUD's rules
and regulations.
It is expressly understood and agreed that in the event of curtailment or non-
production of said Federal grant funds, the financial sources necessary to continue to pay
the Project Operator compensation will not be available and that this Agreement will
thereby terminate effective as of the time that it is determined that said funds are no longer
8
available.
IN WITNESS WHEREOF, the Community/Economic Development Department and
the Project Operator hereto have caused this Agreement to be executed by their duly
authorized officials on the day and date first indicated above.
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9
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
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APPENDIX 2
CLIENT PROFILE REPORT
NARRATIVE REPORT
FINANCIAL STATUS REPORT
11
CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
MONTHLY NARRATIVE REPORT FISCAL YEAR 1998/
m
Reporting Period:
Name of Person Submitting Report:
Signature:
Project Name: Multifamily
Housing Rehabilitation
Date Submitted:
Provider: CMB Community/Economic Development Dept.
Title:
Additional pages may be attached if more space is needed
1. Describe in narrative form the activities completed and/or services provided during this month's
reporting period. Use units of measure to quantify the accomplishments described.
2. If no accomplishments can be described for this month's reporting period, describe the efforts
undertaken to fulfill contract goals by program year end. Explain any organizational or other
problems which have affected the expenditure of CDBG funding.
3. Miscellaneous (e.g., special recognitions, awards, special circumstances encountered, etc.)
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APPENDIX 3
SCHEDULE OF WORK TO BE COMPLETED
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