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RESOLUTION 91-20315 RESOLUTION NO. 91-20315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING A PROGRAM DESCRIPTION TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE FISCAL YEAR 1991 ALLOCATION, UNDER THE RENTAL REHABILITATION PROGRAM, AND PROVIDING FOR THE APPROPRIATION OF FUNDS AND THE EXECUTION OF SUBSIDY AGREEMENTS BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, the Rental Rehabilitation Program was enacted on the 30th day of November, 1983 , and is designed to assure an adequate supply of standard housing affordable to low and moderate income tenants; and WHEREAS, HUD has now published a notice of allocations for Fiscal Year 1991 and deadlines for submission of a Program Description; and WHEREAS, under the above referenced notice, the City of Miami Beach will receive a new allocation of $151, 000, and as a condition for the receipt of such funds, the City has to prepare and submit a Program Description to HUD for its approval ; and WHEREAS, it is necessary to authorize that such funds be appropriated to projects as they are approved by the City' s Loan Review Committee. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Program Description for Fiscal Year 1991 under the Rental Rehabilitation Program is hereby approved and adopted; and further authorizes the City Manager to execute and file said application in a timely manner to comply with applicable regulations for, and on behalf of, the City of Miami Beach, Florida, for an allocation amount of $151, 000, and to execute the proper documents required. Funds will be appropriated, as necessary, to projects. BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE CITY MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk o f the City of Miami Beach are hereby authorized and directed to execute Subsidy Agreements and related documents on behalf of the City of Miami Beach, Florida, with lending institutions and property owners as necessary to carry out the purposes of the Rental Rehabilitation Program. 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V S 'll (INV7NOLL V3dA.. ' 14 j G31A0 dbODNi a t s 6 £ CITY OF MIAMI BEACH, FLORIDA RENTAL REHABILITATION PROGRAM FISCAL YEAR 1991 ALLOCATION PROGRAM DESCRIPTION JUNE 19, 1991 1) PROGRAM ACTIVITIES The existing Rental Rehabilitation Program uses the discounted interest subsidy method, to write-down the costs associated with the financing of the rehabilitation of multi-family buildings. It presently offers fixed interest rates at four (4%) percent. Funding allocated for Miami Beach under this program for FY 1991 amounts to$151,000. The City estimates, based on data obtained from previous projects, that these funds will rehabilitate 20-25 units contained in one or two buildings. 2) NEIGHBORHOOD SELECTION Rental Rehabilitation Proposals will be accepted from the following Census Tracts: 39.01, 39.02, 39.05, 41.01, 42, 43 and 44. (See Appendix 4 for a map of the selected neighborhoods). An evaluation of the median incomes and average rents within these Census Tracts has revealed that rents are generally affordable to neighborhood residents. Also, median incomes within these areas do not exceed 80% of the median income of the Miami-Hialeah PMSA (Effecive May 7, 1991 @ $38,000): Census Tract Median Income Current rent levels Effie 1Br 2Br 39.01 $23,746 $259 $380 $509 39.02 $23,447 $269 $333 $515 39.05 $18,675 $256 $349 $436 41.01 $21,993 $321 $330 $428 42 $12,778 $275 $339 $428 43 $12,953 $275 $339 $428 44 $10,508 $222 $225 $312 Also contributing to the conclusion that the selected neighborhoods will remain at least as stable as the market area for a five-year period, are the following current conditions and characteristics of the housing stock: a) Housing conditions in the selected areas are generally homogeneous in terms of the percentage of the housing stock that is renter occupied, the age of housing, and types of construction. b) Vacancy rates have remained relatively high, which indicates a slackened demand for rental housing, and would allow demand to increase without raising rents. c) The rate of new rental housing construction has fallen off considerably since the 1980-81 period. The above conditions are not expected to change significantly on a wide scale within the near future. Thus, rents within the selected neighborhoods are not expected to change more rapidly than in the surrounding areas. Page 1 3) LOWER INCOME BENEFIT In order to ensure that at least 70% of the Rental Rehabilitation Grant Amount will be used for the benefit of lower income families, the following will be done: a) Tenant information If a building is occupied, the applicant will be required to provide tenant income and rent verification forms. The City will review tenant information and determine eligibility requirements for lower income families, and establish how many families wish to remain in the building after rehabilitation. As a requirement to further process a proposal,the number of families with incomes above the lower income level that wish to remain in the building, must be less than 30% of the number of units after rehabilitation. b) Marketing of units The applicant is required to develop and provide a market strategy to attract eligible lower income persons. Initial occupancy of units after rehabilitation must be at least 70% of lower income families. c) Tenant assistance policy As part of a tenant assistance policy, relocation benefits are provided to permanently displaced families. If an eligible family wishes to move, and Section 8 assistance is not available, then a lump sum payment may be made to the tenant. This cash payment will assist in off-setting the difference between the rent and what the tenant can afford. A specific tenant assistance policy has been developed by the City,which defines how relocation benefits will be provided. 4) USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES a) Request for waiver of the use of 70% of funds for rehabilitation two or more bedrooms On March 1, 1988, HUD's Jacksonville Area Office approved a request by the City for a waiver of the provisions of Section 511.10(b) of the program regulations,which states that 70 percent of the grant amount must be used for units containing two or more bedrooms. That requirement has now been reduced to 30 percent (30%) of the RRP funds for such units. We are hereby requesting that the above waiver for 30 percent (30%) of the RRP funds also be applicable to FY 1991 program funds. b) Provision of units for families requiring three or more bedroom units (1) Efforts will be made to identify specific buildings in need of rehabilitation that have units containing three or more bedrooms. (2) Contacts with local property owners and developers are used to communicate the need and priority for rehabilitation proposals for buildings with units of three bedrooms. (3) If a satisfactory result cannot be achieved after the above efforts have been made, individual proposals Page 2 may be evaluated to determine the feasibility of converting existing efficiency or one bedroom units to three or more bedroom units. 5) SELECTION OF PROPOSALS Under the City's Rental Rehabilitation Program, approval and selection of proposals are made by a Loan Review Committee. This committee, appointed by the City Commission, is comprised of three representatives from private lending institutions and two City representatives. A selection criteria and point system for evaluating rehabilitation proposals was developed, and takes into consideration such elements as: a) Benefit to low and moderate income persons: percentage of units and number of units to be made available to them; b) Displacement or temporary relocation: negative points are given for each relocation case; c) Leveraging objective analysis: equity provided, private investment, additional funding, subsidy required; d) Priority for units in substandard condition which are occupied by very low income families; and e) Priority for rehabilitation of projects containing units of two or more bedrooms, and using a large percentage of the subsidy amount for these units, compared to other proposals. Based on the above point system, the information provided in the application form, and additional documentation, each proposal is then evaluated by the Loan Review Committee. 6) FINANCIAL FEASIBILITY Under the City's Rental Rehabilitation Program, funds are used to reduce the interest rate on a loan offered by a lending institution, to an agreed 4%. Once a project is selected for participation in the program, the applicant must apply to a lender for the loan and obtain a letter of commitment. Loan closing is established by the City and the Lender, at which time a subsidy agreement is executed by the parties. After closing, procedures are followed by the lender, with the City monitoring for compliance with federal regulations. Interest subsidy funds are disbursed during the construction phase. 7) NEIGHBORHOOD PRESERVATION The rehabilitation and reuse of existing private rental properties is an integral part of neighborhood preservation. In the past, rehabilitation programs did not afford governments the flexibility needed to specifically target grant resources in neighborhoods with the most critical housing needs. The Rental Rehabilitation Program achieves such by encouraging public and private partnerships that can increase the supply of decent, affordable rental housing for lower income tenants, while preserving existing housing stock and revitalizing neighborhood preservation. This program has a positive effect on neighborhood preservation by stimulating cost-effective rehabilitation of substandard units thus serving as a catalyst to encourage neighboring property owners to renovate their existing housing stock. Page 3 8) SCHEDULE FOR COMMITTING RENTAL REHABILITATION GRANT AMOUNTS As indicated in Part 1 of this Program Description, it is proposed that 20-25 units contained in one or two buildings will be rehabilitated with FY 1991 funds. The following schedule is proposed to be followed to commit the funds: 1st quarter (Aug 1 - Oct 31) 30 percent 2nd quarter (Nov 1 - Jan 31) 70 percent 3rd quarter (Feb 1 - Apr 31) 100 percent 9) NONDISCRIMINATION, EQUAL OPPORTUNITY AND AFFIRMATIVE MARKETING a) Nondiscrimination and equal opportunity It shall be the policy of the City of Miami Beach to take all steps reasonable and necessary to secure the nationwide goal of attaining equal and fair housing opportunities. The City shall, in all cases, be in conformance with the requirements of: (1) The Federal Fair Housing Law which makes discrimination based on race, color, religion, sex or national origin illegal. The City shall make every possible effort to eliminate discrimination in housing by supporting the concerted national effort to inform the public, property owners, and tenants of their rights and responsibilities under Title VIII of the Civil Rights Act of 1968. (2) Executive Order 11603 which directs all departments and agencies receiving federal financial assistance to take all actions necessary and appropriate to prevent discrimination in housing. (3) Title VI of the CMI Rights Act of 1964 which guarantees that no person shall on the grounds of race, color or national origin be excluded from participation in, be denied of, or be subjected to discrimination under any program or activity receiving federal financial assistance. (4) Public Law 100-430 "Fair Housing Amendments Act of 1988". In enforcing such rules, regulations or orders against any property owner found to be in violation thereof, the City shall refrain from extending further aid under any federally funded program until it is satisfied that the affected owner will comply with the regulations stated herein. In addition, the City shall make every possible effort to ensure that grant assistance is available in conformity with the prohibitions against discrimination and requirements of the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Consistent under the requirements of Executive Order Nos. 11625, 12432 and 12138, the City of Miami Beach shall make every reasonable effort to encourage the use of minority and women's business enterprises in connection with the rehabilitation of rental properties funded through this as well as any other federal grant source. Records shall be maintained on the extent of participation by minority and women-owned business, including owners, and shall annually assess the results of such efforts to further aid in developing methods of encouraging the use of these business. Page 4 b) Affirmative marketing It shall be the policy of the City of Miami Beach to administer the Rental Rehabilitation Program and all activities relating to housing and urban development in a manner so as to affirmatively further the effort to promote equal and fair housing opportunities. The City will undertake affirmative marketing activities that inform tenants and owners about fair housing laws in an effort to foster more diverse and vital neighborhoods, while simultaneously making available decent, affordable housing to minorities and families of low and moderate income. The responsibility of exercising good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area applies to both the City of Miami Beach and property owners receiving federal financial assistance through the Rental Rehabilitation Program. An assessment of such efforts shall be made annually to ensure that nondiscrimination and equal housing opportunity is being afforded to all. c) Method for informing the public, owners and potential tenants about Federal Fair Housing laws The City of Miami Beach will undertake the following affirmative marketing activities to inform the community of the Federal Fair Housing laws and of the availability of financial assistance to improve the rental housing stock without regard to race, color, religion, sex or national origin: (1) The City shall place in a newspaper of general circulation, an advertisement of solicitation for owners to participate in the Rental Rehabilitation Program. All advertisements shall include and prominently display, the official Fair Housing and Equal Opportunity slogan or logotype. (2) Upon request the City shall provide informational and referral assistance to tenants and property owners regarding fair housing laws. (3) The City shall have available for tenants and property owners copies of all applicable federal housing laws and shall announce the availability of such in April of each year through the "Community Development Newspage". (4) The City shall make available to all participating property owners a Fair Housing Poster which provides tenants with information on fair housing laws and a toll free number to report discrimination in housing. (5) The City shall assure its commitment to fair housing practices by joining in the nationwide recognition of fair housing practices and adopting a resolution establishing April as "Fair Housing Month" and announce such through local media sources. d) Affirmative marketing requirements for property owners The property owner shall agree to abide by all Federal, State or Local regulations relative to equal opportunity to all persons, without discrimination as to race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or disability. The owner shall take specific affirmative action to ensure equal opportunity and fair housing at least as extensive as the following: Page 5 (1) The owner shall include the official Fair Housing and Equal Opportunity slogan or logotype in all advertisements regarding the availability of rental units that are vacant after rehabilitation or that later become vacant. (2) The owner shall display the Fair Housing poster in a conspicuous place available to tenants and applicants for occupancy, so as to affirm his/her commitment to fair housing opportunity laws. (3) The owner must certify by the signing of an"Affirmative Marketing Agreement" (Appendix 1)that he/she agrees to exercise affirmative fair housing marketing whenever units become vacant. e) Special outreach reouirements for property owners The owner shall take every reasonable step to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach and advertising efforts. The owner shall affirmatively solicit rental applications from minorities and families of low and moderate income through advertising directed specifically at the appropriate community or through those sources likely to produce eligible persons from all racial, ethnic and gender groups. The owner shall forward copies of the advertisement, or notice thereof, regarding the availability of vacant rental units, to special outreach centers (Appendix 2) such as community organizations, churches, employment offices, fair housing groups or housing counseling agencies. Local sources for compliance with required special outreach efforts include, but are not limited to: 1. South Shore Community Center 2. Miami Beach Housing Authority 3. Community Housing Resources Board, Inc. 4. City of Miami Beach Community Development Division f) Records to be maintained Both the City of Miami Beach and the property owner shall maintain records which describe the efforts taken to affirmatively market rehabilitated units. (1) Property owner The owner shall establish and maintain a current file of all notices, advertisements and special outreach efforts regarding the availability of rental units which document his/her compliance with the use of the Equal Housing Opportunity logotype or outreach requirements. The owner shall maintain a current file of the names, addresses and telephone numbers of each rental applicant referred from a special outreach source and what action was taken with respect to each individual. If such individual was a willing applicant for occupancy and was not approved for tenancy, this shall be documented in the file with the reason therefore,along with whatever additional actions the owner may have taken. Page 6 (2) City of Miami Beach The City shall maintain a current file of all notices, advertisements and information regarding affirmative marketing activities to inform the community of the federal fair housing laws. The City shall maintain records of the extent of program participation by eligible owners from all racial, ethnic and gender groups, including solicitations of offers for rehabilitation assistance and the action taken with respect to each request. The City shall establish and maintain a file documenting the periodic review and monitoring of an owner's adherence to, and performance under, the nondiscrimination and affirmative marketing requirements of such compliance and any corrective action taken. g) Assessment of affirmative marketing efforts Compliance with these requirements shall be upon a review of the owner's performance in exercising good faith efforts to carry out affirmative marketing activities, including an assessment of objectives met. In that assessment, greater weight will be placed on the owner's demonstrated effort to provide rental housing opportunities to those individuals requiring special outreach efforts. The owner, in fulfilling his/her obligations under this policy, shall implement specific affirmative marketing steps, at least as extensive as those prescribed above, so as to achieve maximum results from his/her efforts to ensure equal housing opportunity. In the event of the owner's non-compliance with the affirmative marketing requirements or with any of said equal opportunity rules, regulations or orders, the City shall, in accordance with the remedies stated herein, impose corrective actions and sanctions such as are authorized by the applicable housing and equal opportunity laws. 10) ORGANIZATIONAL STRUCTURE Name: City of Miami Beach Community Development Division Address: 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone N2 (305) 673-7260 Contact Person(s): Shirley Taylor-Prakelt, Community Development Director Jorge Fernandini, Housing Rehabilitation Specialist Alina Antelo, Community Development Specialist Page 7 11) PHA PARTICIPATION In accordance with the requirements governing the implementation of the split-subsidy approach to the Rental Rehabilitation Program, the City of Miami Beach and the Miami Beach Housing Authority have entered into the attached Memorandum of Understanding (Appendix 3). This agreement delineates responsibilities for program implementation, and the Housing Authority's willingness to participate in the program through the provision of Section 8 assistance in support of the Rental Rehabilitation Program. Supplemental Information - Miami Beach Housing Authority Murray Gilman, Executive Director Miami Beach Housing Authority 200 Alton Rd. Miami Beach, Fl 33139 (305) 532-6401 Contact person responsible for administering the Section 8 Program Mildred Reale, Section 8 Coordinator Miami Beach Housing Authority 200 Alton Rd. Miami Beach, Fl 33139 (305) 532-6401 12) HIGH COST As per a March 28, 1991 letter from HUD's Jacksonville Area Office to the City, the maximum subsidy per project for the City will be the sum of: $8,050 per unit for units with no bedroom, $10,465 per unit for units with one bedroom, $12,075 per unit for units with two bedrooms and $13,685 per unit for units with three or more bedrooms, which correspond to a High Cost Percentage Factor of 161 percent. Page 8 APPENDIX 1 AFFIRMATIVE MARKETING AGREEMENT FOR THE CITY OF MIAMI BEACH RENTAL REHABILITATION PROGRAM PARTIES A. The undersigned Owner(s) of the Apartments (hereinafter referred to as the "Owner") and his/her representatives whose names and signatures appear in Part VII of this Agreement, or any representatives who may become signatories at any time during the life of this Agreement. B. The City of Miami Beach (hereinafter referred to as the"City")through the authorized representative(s) whose name and signature appear in Part VII of this Agreement, or any representatives who may become signatories at any time during the life of this Agreement, as authorized by the City. 11. DEFINITIONS A. Affirmative Marketing is defined as a program which undertakes good faith efforts to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available units in projects rehabilitated, or in part, with federal funds. B. Owner means one or more individuals, corporations, partnerships, or other legal entities that hold valid legal title to the property to be rehabilitated, or authorized representatives thereof. C. Project means one or more contiguous buildings under common ownership and management that are to be rehabilitated with a Rental Rehabilitation Grant, by agreement with the Owner, as a single undertaking under this Agreement. D. Fair Housing Laws include the 1968 Federal Fair Housing Act; Executive Order 11063; Title VI of the 1964 Civil Rights Act;the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act of 1973; Executive Order 11246; Section 3 of the Housing and Urban Development Act of 1968; Executive Order Nos. 11265, 12432, and 12138; and all equal opportunity rules, regulations or orders thereof. E. Equal Housing Opportunity slogan or logotype refers to the use of the slogan or logotype "Equal Housing Opportunity" in the advertising of all residential real estate for sale, rent, or financing. F. This Affirmative Marketing Agreement is intended to implement the Department of Housing and Urban Development directive set forth in Subpart B of the Rental Rehabilitation Program rules and regulations regarding fair housing practices: "....The grantee (City) shall require compliance with the conditions of these marketing requirements ..." by means of an agreement with the Owner that shall be applicable for a period of seven (7) years beginning on the date on which a Final Certificate of Occupancy is issued. III. PROGRAM The Owner who is signatory of this Agreement hereby agrees to adopt and undertake the following affirmative marketing steps designed to implement the purposes of this Agreement. Page 9 A. Fair housing practices The Owner shall agree to abide by all federal, state or local regulations relative to equal opportunity in the housing market to all persons, without discrimination as to race, color, creed, religion, sex, marital status, age, and status with regard to public assistance or disability. B. Advertising 1. The Owner shall include the official Equal Housing Opportunity slogan or logotype in all classified advertising and all other advertising (including property for rent sign) regarding the availability of rental units that are vacant after rehabilitation or that later become vacant. Said slogan and logotype is provided herein. 2. When advertising the availability of rental units, the Owner shall not select as his/her sole source of advertising, a specific media (visual or auditory) which is clearly intended to indicate exclusiveness on the basis of race, color, creed, religion, national origin, sex, age, or marital status. All classified notices of availability of rental units must be published in the Miami Herald, a newspaper of general circulation which is definable as reasonably representing majority and minority groups in the project area. C. Display of posters The Owner shall display the Fair Housing poster, as provided herein, in a conspicuous location within the said project, available to tenants and applicants for occupancy. Said poster provides tenants and applicants for occupancy with information on fair housing laws and a telephone number to report discrimination in housing. D. Special outreach 1. The Owner shall take every reasonable step to inform and solicit applications from persons in the available housing market who are not likely to apply for the housing without special outreach and advertising efforts. 2. The Owner shall affirmatively solicit applications from minorities and families of low and moderate income by forwarding copies of the advertisement, or notice thereof (immediately upon publication), regarding the availability of vacant rental units, to special outreach centers such as community organizations, employment offices, fair housing groups, or housing counseling agencies. A list of local sources for compliance with said outreach efforts is provided herewith in Appendix 2. E. Records to be maintained 1. The Owner shall establish and maintain a current file of all notices, advertisements and special outreach efforts regarding the availability of rental units which document his/her compliance with the use of the Equal Housing Opportunity slogan or logotype. 2. The Owner shall maintain a current file of the names, addresses, and telephone numbers of each rental applicant referred from a special outreach source and of what action was taken with respect to each individual. If such individual was a willing applicant for occupancy and was not approved for tenancy, this shall be documented in the file with the reason therefore, along with whatever additional action the Owner may have taken. Page 10 IV. IMPLEMENTATION The Owner shall adopt and implement the procedures and requirements set forth in this Agreement for affirmatively marketing units in rehabilitated projects. Compliance with good faith efforts is effective upon obtaining a Final Certificate of Occupancy. V. ASSESSMENT OF AFFIRMATIVE MARKETING EFFORTS A. Compliance with this Agreement shall be based upon a review by the City of the Owner's performance in exercising good faith efforts to carry out affirmative marketing activities. In that assessment, greater weight will be placed on the Owner's demonstrated effort to provide rental housing opportunities to those individuals requiring special outreach efforts. B. The Owner shall agree to allow for the periodic review and monitoring of his/her adherence to and performance under the nondiscrimination and affirmative marketing requirements of this Agreement, and shall, upon assessment of such compliance, agree to abide by any and all recommended corrective action. VI. DURATION A. This Agreement shall be effective for a period of seven (7) years beginning on the date on which a Final Certificate of Occupancy is issued thus making vacant rental units available to the general homeseeking public. B. Compliance with the requirements set forth in this Agreement shall constitute the good faith efforts required to carry out said affirmative marketing activities. However, where a review of the Owner's performance under this Agreement at any time during the applicable term reveals that reasonable progress is not being made toward achieving its objectives, or in the event of the Owner's non-compliance with the affirmative marketing requirements or with any of the said equal opportunity rules, regulations, or orders, the City shall, in accordance with the remedies stated herein, impose corrective actions and sanctions such as are authorized by the applicable housing and equal opportunity laws, including but not limited to: 1. A determination of ineligibility or debarment from any further assistance under the Rental Rehabilitation Program, or any other federally funded program, until the City is satisfied that the affected Owner will comply with the requirements pursuant to this Agreement; and 2. Referral of said Owner to any federal, state or local agency entrusted with the legal power to impose and enforce corrective measures and sanctions against those found to be in violation of fair housing practices. Page 11 VII. CERTIFICATION Signed and sealed in the presence of: Name of Owner Property Address Signature Date STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I hereby certify that ,to me well known,this day personally appeared before me and acknowledged that he(she) has executed this Agreement freely and voluntarily for the purposes therein mentioned. In witness whereof, I have hereunto set my hand and official seal at Miami, Dade County, Florida, this day of , 19 . NOTARY PUBLIC, State of Florida My Commission expires: APPROVED: Signature Date Page 12 APPENDIX 2 AFFIRMATIVE MARKETING SPECIAL OUTREACH CONTACT UST A) Copies must be sent to: City of Miami Beach Community Development Division 1700 Convention Center Drive, 4th Floor Miami Beach, Fl 33139 Contact: Alina Antelo Miami Beach Assis. Pgm. Citizen Services Bureau 1700 Convention Center Drive - 1st Floor Miami Beach, Fl 33139 Contact: Pat Glasper B) Copies must be sent to at least two of the following organizations: Miami Beach Hsg. Auth. Neighborhood Serv. Center Div. 200 Alton Road 140 W Flagler Street Miami Beach, Fl 33139 Suite 1606 Contact: Mildred Reale Miami, Fl 33130 Contact: Laverne Taylor Lutheran Ministries of Fla. Jewish Fam. & Children's Ctr. 225 Second Street 7455 Collins Avenue Miami Beach, Fl 33139 Miami Beach, Fl 33141 Contact: Laura Andrial Contact: Steve Muchnick Page 13 APPENDIX 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY FOR IMPLEMENTATION OF THE RENTAL REHABILITATION PROGRAM WHEREAS, the two parties to this Agreement, the City of Miami Beach (hereinafter referred to as the "City") and the Miami Beach Housing Authority (hereinafter referred to as the"Housing Authority") are desirous of implementing a Rental Rehabilitation Program; and WHEREAS,the City has identified the need to upgrade the exist rental housing stock through rehabilitation efforts necessary to bring the properties up to acceptable standards; and WHEREAS, the City has been notified of its eligibility to receive FY 1991 allocation funds in the amount of $151,000 for the Rental Rehabilitation Program, and both parties are desirous of implementing this program. NOW THEREFORE, THE TWO PARTIES TO THIS AGREEMENT HEREBY AGREE AS FOLLOWS: 1. The City through the Community Development Division,will be responsible for the design and implementation of the Rental Rehabilitation Program, to include such areas as: - Program development - Marketing - Project intake, application review and screening - Coordination with the City's Loan Review Committee for approval of rehabilitation projects - Initial, on-going and final inspections - Financial management and disbursement - Contract compliance and labor standards - Relocation assistance (if required) - Individual project and program monitoring 2. The Housing Authority will be responsible to provide, issue, administer, and monitor, Section 8 certificates and/or vouchers in support of the Rental Rehabilitation Program, in accordance with all applicable HUD requirements. The Housing Authority's responsibilities shall include: - Intake and assessment of the eligibility of all tenants of the selected Rental Rehabilitation project buildings, for receipt of Section 8 certificates and/or vouchers, if the building is occupied. Tenants who, as a result of the rehabilitation activities would be displaced or would pay more than 35 percent of adjusted income for rent, will receive high priority in obtaining such assistance. Page 14 - Upon completion of the rehabilitation work on a project assisted under the City's Rental Rehabilitation Program, and after its inspection and approval of the same, it will administer the receipt of such Section 8 certificates and/or vouchers in accordance with applicable HUD guidelines, to eligible tenants. - Submission of quarterly reports to the City's Community Development Division, on the disbursement of all certificates and/or vouchers to Rental Rehabilitation project tenants, to commence when the certificates and/or vouchers are issued. Such reports shall list the number of certificates and/or vouchers issued to each project site by: name, address, bedroom size, ethnicity, female head of household, and whether or not the tenant is an elderly household. Reporting on the certificates and/or vouchers after the first year of issuance, shall be annually thereafter for up to seven (7) years. - On-going program monitoring in accordance with the Section 8 certificate and/or voucher program guidelines. 3. The two parties will hold regular meetings (bi-monthly), to keep abreast of schedules of projects committed and anticipated completion dates, availability of certificates/vouchers, timing for the issuance of certificates/vouchers, and any unforeseen circumstances that have not been previously addressed and that could affect the successful completion of a project. THIS AGREEMENT ENTERED INTO THIS DAY OF JUNE, 1991 ATTEST: City Clerk Carla Bernabei Talarico Murray Gilman City Manager Executive Director City of Miami Beach Miami Beach Hsg. Authority Page 15 APPENDIX 4 SELECTED NEIGHBORHOODS QST+ U tole g ":',- 27:7 \ :a,„ E FLE NOTiE ERE 33713 ST 41ST ST E #.. Q 8 m 6TH ST Page 16 RENTAL REHABILITATION PROGRAM CERTIFICATIONS The City of Miami Beach certifies that: (1) The submission of this Program Description is authorized under local law, and the City possesses the legal authority to carry out the Rental Rehabilitation Program described herein, in accordance with 24 CFR Part 511, dated May 14, 1990; (2) The City's Rental Rehabilitation Program was developed after consultation with the public and its description of program activities in the"Program Activities"section of the Program Description has been and will be, made available to the public in accordance with 24 CFR 511.73 (c); (3) The City's lower income benefit standard is hereby reduced to 70 percent (70%) as provided by 24 CFR 511.10(a)(2).The discussion of lower income benefit in this Program Description contains a specific explanation of the reasons why this reduced benefit standard is necessary, which explanation complies with 24 CFR 511.10(a)(2); (4) The City will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and will implement regulations at 49 CFR 24 and the requirements of 24 CFR 511.14, which include adoption of a written tenant assistance policy; (5) The City will conduct and administer its Rental Rehabilitation Program in accordance with the requirements of 24 CFR Part 511; (6) Regarding the certification for debarment, suspension, and other responsibility matters - primary covered transaction grantees: (a) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. (ii) Have not within a 3 year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (iii) Are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this section. (iv) Have not within a 3 year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (b) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. (7) Regarding the certification for contracts, grants, loans and cooperative agreements, and to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any Page 17 person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure; and (8) It will provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The City's policy in maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (8) (a); (d) Notifying the employee in the statement required by paragraph (8) (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (8) (d) (2) from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions,within 30 days of receiving notice under subparagraph (8) (d) (2),with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Page 18 (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). The City shall insert on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state and zip code). The City further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the grant, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name of Grantee: City of Miami Beach, Florida Grant Program Name: Rental Rehabilitation Program Grant Number: R-91-MC-12-0207 Date: June 21, 1991 Place of Performance: City Hall: 1700 Convention Center Drive, Miami Beach, Florida 33139 Estimated Number of Employees to be Engaged in the Grant: Three (3) Page 19 ORIUI1;AL RESOLUTION NO. 91-2(1.): 5 Approving and adopting a program descrip- tion to be submitted to the U.S. Depart- ment of Housing and Urban Development (HUD) for the fiscal year 1991 allocation, under the Rental Rehabilitation Program, and providing for the appropriation of funds and the execution of subsidy agreements.