Resolution 2019-30700 RESOLUTION NO. 2019-30700
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PERFORM THE
FOLLOWING ACTIONS: (1) TO RECAPTURE $152,840.27 OF HOME INVESTMENT
PARTNERSHIP (HOME) FUNDS PREVIOUSLY ALLOCATED AS ENTITLEMENT
FUNDS FOR FY 2014/2015 AND THE FIVE-YEAR CONSOLIDATED PLAN FOR FY
2013-2017, AND TO REALLOCATE SAID FUNDS FOR USE IN CONNECTION WITH
THE FY 2019/2020 REQUEST FOR PROPOSALS (RFP) FOR CDBG AND HOME
(THE RFP); (2) TO RECAPTURE $66,620.55 OF HOME FUNDS, PREVIOUSLY
ALLOCATED AS COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
(CHDO) SET-ASIDE FUNDS FOR FY 2016/2017 AND THE FIVE-YEAR
CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE SAID FUNDS
FOR USE IN CONNECTION WITH THE RFP; (3) TO RECAPTURE $120,206.91 OF
HOME FUNDS, PREVIOUSLY ALLOCATED TO THE PURCHASE OF THE ALLEN
APARTMENTS FOR FY 2015/2016 AND THE FIVE-YEAR CONSOLIDATED PLAN
FOR FY 2013-2017, AND TO REALLOCATE SAID FUNDS FOR USE IN
CONNECTION WITH THE RFP; (4) TO RECAPTURE $68,896.20 OF HOME FUNDS,
PREVIOUSLY ALLOCATED AS COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION SET-ASIDE FUNDS FOR FY 2017/2018 AND THE FIVE-YEAR
CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE SAID FUNDS
FOR USE IN CONNECTION WITH THE RFP; AND (5) TO RECAPTURE $16,155.76
OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, PREVIOUSLY
ALLOCATED TO PUBLIC SERVICES FOR FY 2017/2018 AND THE FIVE-YEAR
CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE SAID FUNDS
FOR USE IN CONNECTION WITH THE RFP; AND AUTHORIZING THE CITY
MANAGER TO SUBMIT THE REVISED ACTION PLANS TO HUD; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE CITY INTERDEPARTMENTAL
AGREEMENTS.
WHEREAS, the City is an entitlement recipient of HUD formula grant programs as follows:
Community Development Block Grant (CDBG) fund, and HOME Investments Partnership
(HOME) funds; and
WHEREAS, CDBG funds are used to provide vital public services, housing activities and
improvement to public facilities and HOME funds are used for affordable housing activities
including multi-family rentals; and
WHEREAS, the City expects to continue to receive entitlement funds from these grant
programs to operate the City's housing and community development activities; and
WHEREAS, the Action Plan for federal funds is a requirement under HUD's formula grant
programs, which include the CDBG and HOME programs and delineates the specific projects
and activities funded by each year's HUD allocation; and
WHEREAS, the five-year Consolidated Plan is augmented and refined by the City's annual
submission of the one-year Action Plan; and
WHEREAS, CDBG and HOME stipulate that funds be expended within guidelines as
delineated in 24 CFR Part 570 and 24 CFR Part 92; and
WHEREAS, City staff reconciled its CDBG and HOME funds in anticipation of preparing its
FY 2017/2018 Consolidated Annual Performance and Evaluation Report(CAPER) and Citywide
budget rollover process for FY 2019/2020, as well as to ensure that all non-committed funds are
properly committed and expended to comply with expenditure and timeliness rules; and
WHEREAS, the HOME Program statute and program regulations require Participating
Jurisdictions (PJ's) to reserve and commit a minimum of fifteen (15%) percent of its annual
allocation to a Community Housing Development Organization (CHDO) within 24 months of
receiving its HOME grant; and
WHEREAS, City staff requested an extension and waiver of CHDO set-aside funds for FY
2016/2017 and 2017/2018, as a result of Hurricane Irma, which was approved by HUD's Miami
field office; and
WHEREAS, the CHDO funds for FY 2016/2017 and 2017/2018 were converted to
Entitlement funds, as the City does not have an eligible and certified CHDO; and
WHEREAS, the City Commission approved the issuance of Request for Proposals (RFP) for
the FY 2019/2020 CDBG and HOME (the RFP) at its January 16, 2019 meeting via Resolution
2019-30666; and
WHEREAS, the Administration will review RFP submissions to ensure that projects align
with the needs identified in the 2018-2022 Consolidated Plan and evaluate project feasibility;
and
WHEREAS, the Administration recommends the recapture of unexpended funds from
various projects previously approved by the Mayor and Commission and reallocate said funds
for use in connection with the RFP, which is an approved method for funds distribution for
HOME and CDBG; as follows:
(1) HOME funds requested for FY 2014/2015, not previously allocated to projects on the
Integrated Disbursement Information System (IDIS) in the amount of$152,840.27; and
(2) HOME funds requested for FY 2016/2017, previously allocated as $66,620.55, as
approved by HUD in the City's CHDO waiver request; and
(3) HOME funds previously allocated to the purchase of the Allen Apartments, in the amount
of$120,206.91, that were unexpended; and
(4) HOME funds requested for FY 2017/2018 CHDO reserves, in the amount of$68,896.20,
as approved by HUD in a CHDO waiver request; and
(5) Unexpended CDBG funds requested for FY 2017/2018, previously allocated public
services in the amount of$16,155.76; and
WHEREAS, the City issued the RFP for FY 2019/2020 CDBG and HOME funds on January
27, 2019 with a submission deadline of February 28, 2019; and
WHEREAS, the resulting HOME and CDBG funds recapture will be incorporated into the
City's various Action Plans and its Consolidated Plan FY 2013-2017; and
WHEREAS, as per the Citizen Participation Plan, a change of use triggers a Substantial
Amendment; and
WHEREAS, the City Manager is the designated agent for all HUD formula grants and
executes the grant applications, grant agreements, and other applicable HUD documents on
behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby
authorize the City Manager to perform the following actions: 1) to recapture $152,840.27 of
HOME Investment Partnership (HOME) funds, previously allocated as entitlement funds for the
FY 2014/2015 Action Plan and the Five-Year Consolidated Plan for FY 2013-2017, and to
reallocate said funds for use in connection with the FY 2019/2020 Request for Proposals (RFP)
for CDBG and HOME (the RFP); (2) to recapture $66,620.55 of HOME funds previously
allocated as Community Housing Development Organization (CHDO) set-aside funds, pursuant
to the FY 2016/2017 Action Plan and the Five-Year Consolidated Plan for FY 2013-2017, and to
reallocate said funds for use in connection with the RFP; (3) to recapture $120,206.91 of HOME
funds, previously allocated to the purchase of the Allen Apartments pursuant to the FY
2015/2016 Action Plan and the Five-Year Consolidated Plan for FY 2013-2017, and to
reallocate said funds for use in connection with the RFP; (4) to recapture $68,896.20 of HOME
funds, previously allocated as Community Housing Development Organization (CHDO) set-
aside funds, pursuant to the FY 2017/2018 Action Plan and the Five-Year Consolidated Plan for
FY 2013-2017, and to reallocate said funds for use in connection with the RFP; and (5) to
recapture $16,155.76 of Community Development Block Grant (CDBG) funds previously
allocated to the various public services pursuant to the FY 2017/2018 Action Plan and the Five-
Year Consolidated Plan for FY 2013-2017, and to reallocate said funds for use in connection
with the RFP; and authorize the City Manager to submit the revised action plan to HUD; and
further authorize the City Manager to execute City interdepartmental agreements.
PASSED AND ADOPTED this 1.3 day of Mr/0V , 2019.
Al.
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Dan Gelber, Mayor
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FORM & LANGUAGE
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City Attorney Date
Resolutions -C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 13, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
PERFORM THE FOLLOWING ACTIONS: (1) TO RECAPTURE $152,840.27
OF HOME INVESTMENT PARTNERSHIP (HOME) FUNDS PREVIOUSLY
ALLOCATED AS ENTITLEMENT FUNDS FOR FY2014/2015 AND THE FIVE-
YEAR CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE
SAID FUNDS FOR USE IN CONNECTION WITH THE FY 2019/2020
REQUEST FOR PROPOSALS (RFP) FOR CDBG AND HOME (THE RFP); (2)
TO RECAPTURE $66,620.55 OF HOME FUNDS, PREVIOUSLYALLOCATED
AS COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) SET-
ASIDE FUNDS FOR FY 2016/2017 AND THE FIVE-YEAR CONSOLIDATED
PLAN FOR FY 2013-2017, AND TO REALLOCATE SAID FUNDS FOR USE
IN CONNECTION WITH THE RFP; (3) TO RECAPTURE $120,206.91 OF
HOME FUNDS, PREVIOUSLY ALLOCATED TO THE PURCHASE OF THE
ALLEN APARTMENTS FOR FY 2015/2016 AND THE FIVE-YEAR
CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE SAID
FUNDS FOR USE IN CONNECTION WITH THE RFP; (4) TO RECAPTURE
$68,896.20 OF HOME FUNDS, PREVIOUSLY ALLOCATED AS COMMUNITY
HOUSING DEVELOPMENT ORGANIZATION SET-ASIDE FUNDS FOR FY
2017/2018 AND THE FIVE-YEAR CONSOLIDATED PLAN FOR FY 2013-
2017, AND TO REALLOCATE SAID FUNDS FOR USE IN CONNECTION
WITH THE RFP; AND (5) TO RECAPTURE $16,155.76 OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, PREVIOUSLY
ALLOCATED TO PUBLIC SERVICES FOR FY 2017/2018 AND THE FIVE-
YEAR CONSOLIDATED PLAN FOR FY 2013-2017, AND TO REALLOCATE
SAID FUNDS FOR USE IN CONNECTION WITH THE RFP; AND
AUTHORIZING THE CITY MANAGER TO SUBMIT THE REVISED ACTION
PLANS TO HUD; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE CITY INTERDEPARTMENTAL AGREEMENTS.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City is an entitlement community designated by the U.S. Department of Housing and Urban
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Development (HUD) and as determined by the decennial census information on population growth
lag, age of housing stock, and poverty. As an entitlement community, the City receives an annual
allocation under HUD funding through the Community Development Block Grant (CDBG) and
HOME Investments Partnership (HOME) programs. HUD requires entitlement jurisdictions to submit
a Five-YearConsolidated Plan, which establishes the strategic framework upon which the City
utilizes its funds. The Consolidated Plan is augmented and refined by the City's annual submission
of a One-Year Action Plan, which delineates the specific projects and activities funded by each
year's HUD allocation.
HUD further requires its entitlement jurisdictions to ensure that funded activities are carried out in the
defined project scope and within the timeframe allowed. The City's Action Plan is monitored
throughout the year to ensure compliance with federal regulations and progress towards the National
Objective, which requires providing persons of low- and moderate-incomes with decent housing, a
suitable living environment and/or expanded economic opportunities.
From time-to-time, it is necessary for the City to process a "Substantial Amendment" to
the Consolidated Plan or the annual Action Plans to allow for the funding of new activities,
modification of existing activities, or other program administrative actions. The City is required by
HUD [24 CFR 91.505 (b)] to identify the criteria to be used in determining if a proposed action will be
considered a"substantial amendment", as follows:
• Addition of a new activity or project not previously described in theConsolidated or Annual Action
Plan;
• Deletion of an activity or project previously described in the Consolidated or Annual Action Plan;
• Change in the purpose, scope, location or beneficiaries of an activity or project previously described in
the Consolidated or Annual Action Plan;
• Change in the use of funds from one eligible activity or project to another previously described
in Consolidated or Annual Action Plan; and/or
• A cumulative change in the use of funds from an eligible activity to another eligible activity that decreases
an activity's funding by 10% or more or increases an activity's funding by 10% or more during the fiscal
year.
•
Any proposed amendment that is considered a substantial amendment is subject to the Citizen
Participation process; requires formal action by the City Commission; and requires approval by HUD.
Furthermore, a thirty (30) day public notice is required to provide the opportunity for the public to
review and comment on the proposed substantial amendments. The City will consider all comments
or views received from the public concerning proposed substantial amendments in accordance with
24 CFR 91.105 (c) (3). A summary of these comments and views shall be attached to the substantial
amendment submitted to HUD.
•
While the City has prioritized CDBG capital funds to address significant needs in its affordable
housing portfolio, which was acquired from Miami Beach Community Development Corporation
(MBCDC), the City will now seek eligible community projects for funding. The City issued a Request
for Proposals (RFP) on January 27, 2019. The RFP prioritizes activities intended to address service
needs delineated in the Consolidated Plan.Subsequently, and after recommendations by staff and
the Affordable Housing Advisory Committee (AHAC) and approval by the City Commission, the City
will prepare and submit to HUD the FY 19/20 Action Plan with its funding recommendations by
August 15, 2019.
ANALYSIS
The Administration has reconciled its CDBG and HOME funds in anticipation of preparing its FY
17/18 Consolidated Annual Performance and Evaluation Report (CAPER) as well as to ensure that
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all non-committed funds are properly committed and expended to comply with expenditure and
timeliness rules.
The following actions are sought from the Mayor and Commission to ensure compliance with HUD
rules and regulations:
1. The City seeks to assign $152,840.27 of HOME Investment Partnership (HOME) funds
previously allocated but not committed as entitlement funds in the FY 14/15 Action Plan and Five-
Year Consolidated Plan for FY2013-2017, but uncommitted to a capital project. These funds are in
the City's Line of Credit. The City seeks to reallocate said funds to the FY 19/20 Request for
Proposals (RFP)for CDBG and HOME.
2. The HOME Program statute and program regulations require Participating Jurisdictions (PJ's) to
reserve and commit a minimum of 15 percent of its annual allocation to Community Housing
Development Organizations (CHDO) within 24 months of receiving its HOME grant. HUD issued a
flexibility waiver to PJ's affected by Hurricanes Irma, Harvey and Maria in 2017. City staff requested
an extension and waiver of CHDO set-aside funds for FY 16/17 and 17/18 on August 2018 that was
approved by HUD's Miami Field Office. The City would like to recapture $66,620.55 of HOME
CHDO set-aside funds that had not been committed, pursuant to the FY 16/17 Action Plan and the
Five-Year Consolidated Plan for FY 2013-2017; and $68,896.20 of CHDO set-aside funds also not
committed, pursuant to the FY 17/18 Action Plan and Consolidated Plan for FY2013-2017; and
reallocate said funds to the FY 19/20 Request for Proposals (RFP) for CDBG and HOME. Please
note that these funds had previously been limited to CHDO agencies. Since the City does not have
any certified CHDOs, it sought and received approval from HUD to convert these funds to
entitlement use to ensure timely expenditure.
3. On September 17, 2014, the Mayor and Commission approved Resolution No. 2014-28756 to
purchase several multi-family properties from Miami Beach Community Development Corporation
(MBCDC), including the Allen Apartments. HOME funds were not utilized in the acquisition of the
properties as initially planned. Therefore, the City seeks to recapture $120,206.91 of HOME funds
and reallocate said funds to the FY 19/20 Request for Proposals (RFP)for CDBG and HOME.
4. The City awarded $94,304 in Community Development Block Grant (CDBG) funds to various
public services pursuant to the FY 17/18 Action Plan and the Five-Year Consolidated Plan for FY
2013-2017, including: 1. Little Havana Activities and Nutritional Center's Rainbow Intergenerational
Care which was awarded funds ($15,533) but subsequently declined the grant because of the
amount of documentation required for compliance; and 2) the Office of Community Services'
Emergency Rent Assistance and Supplemental Grocery Program ($459.26) which did not fully
expend awarded funds; and Homeless Services ($163.50)which did not fully expend awarded funds.
The City seeks to recapture $16,155.76 of unexpended funds and reallocate these funds to the FY
19/20 Request for Proposals (RFP)for HOME and CDBG.
5. The City Manager seeks authorization to execute all necessary documents required by HUD for
the commitment and expenditure of the funds delineating in the actions above.
CONCLUSION
The Administration recommends approval and authorization of the actions proposed above, the
subsequent submission to HUD of amended multiple year Action Plans and multiple year
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Consolidated Plans as amended herein, and authorizing the City Manager to execute all required
documents as delineated herein.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Expenditure Trends Are Sustainable Over The Long Term
FINANCIAL INFORMATION
This item utilizes only CDBG and HOME funds.
Amount 1 $15,533.00 Account 1 131-0530-000345-00-404-534-00-00-00-
$459.26 54360 131-0530-000345-00-404-534-00-00-
$163.50 00-54470131-0530-000346-00-404-534-00-
00-00-54480
Amount 2 $28,391.12 Account 2 151-0530-000349-00-404-534-00-00-00-
$69,064.00 52240 182-0530-000349-00-404-534-00-00-
$55,385.15 00-52260182-0530-000349-00-404-534-00-
00-00-52250
Amount 3 $120,206.91 Account 3 179-0530-000346-00-404-534-00-00-00-
52280
Amount 4 $66,620.55 Account 4 174-0530-000343-00-404-554-00-00-00-
52250
Amount 5 $68,896.20 Account 5 184-0530-000343-00-404-554-00-00-00-
52250
Total $424,719.69
Legislative Trackina
Housing and Community Services
ATTACHMENTS:
Description
D Resolution
Page 309 of 911