Community Development Block Grant Agreement3
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FISCAL YEAR 2023
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC DEC 0 5 2023
This CDBG Agreement ("Agreement") made and entered into this day of
, 2023, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal
corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139,
(hereinafter referred to as "City"), and HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,
INC. (H.O.P.E., INC.) a Florida public housing authority, having its principal office at 11501 NW 2 Avenue,
Miami, FL. 33168 (hereinafter referred to as "Sub -Recipient").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME
Investment Partnership programs (HOME), and 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, on February 23, 2023, the Mayor and City Commission adopted Resolution
No. 2023-32637, approving the issuance of Request for Applications (RFA) for the FY 2023 CDBG and
HOME funding allocation; and
WHEREAS, the Administration reviewed RFA submissions to ensure that projects align
with the needs identified in the 2023-2027 Consolidated Plan; and
WHEREAS, each year, the City prepares a One -Year Action Plan detailing how it intends
to allocate funds received from HUD to conduct eligible activities for the benefit of low- and moderate -
income residents; and
WHEREAS, on June 28, 2023, the Mayor and City Commission adopted Resolution No.
2023-32637, approving the One -Year Action Plan for Federal Funds for FY 2023, allocating CDBG funds
in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) for the provision of HUD -mandated fair
housing services, utilizing CDBG planning and administration funds; and
WHEREAS, the One -Year Action Plan for FY 2023 was made available to the public for a
30-day public review and comment period from May 22, 2023 through June 21, 2023.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Sub -Recipient agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following six (6) exhibits, all of which are attached and incorporated in this Agreement:
• Exhibit A - Scope of Services
• Exhibit B - Documentation
• Exhibit C - Budget
• Exhibit D - Financial Management for CDBG-funded activities
• Exhibit E - Report Forms
• Exhibit F - Monitoring Tool
Section 2. Statement of Work: The Sub -Recipient agrees to implement the Project in accordance
with the terms of this Agreement, which Project is summarized as follows.
Fair Housing Services
The Fair Housing Act, 42 U.S.0 3608, Section 808(e)(5), requires the Secretary of the
U.S. Department of Housing and Urban Development (HUD) to administer HUD's housing
and urban development programs in a manner as to Affirmatively Further Fair Housing
(AFFH). All localities that are direct recipients of CDBG funds from HUD are required to
conduct an Assessment of Fair Housing (AFH) through the analysis of their fair housing
landscape and set locally -determined fair housing priorities and goals.
Although the grantee's AFFH obligation arises in connection with the receipt of Federal
funding, its AFFH obligation is not restricted to the design and operation of HUD -funded
programs at the State or local level. The AFFH obligation extends to all housing and
housing -related activities in the grantee's jurisdictional area whether publicly or privately
funded (U.S. Department of Housing and Urban Development Office of Fair Housing and
Equal opportunity, Fair Housing Planning Guide, Chapter 1, Section 1.2, 1-1),
The Consolidated Plan regulations (24 CFR 91) require a certification by each jurisdiction
that it will Affirmatively Further Fair Housing, which requires Fair Housing Planning. Fair
Housing Planning entails: 1) implementation of action plans to eliminate any identified
impediments, and 2) maintenance of AFFH records, corresponding with implementation of
the Consolidated Plan every three to five years.
Objective: Sub -Recipient agrees to provide technical assistance to the City, as an
entitlement jurisdiction, in meeting its requirement to Affirmatively Further Fair Housing by
overcoming the effects of conditions that limit fair housing choice citywide through
education, outreach and counseling.
Section 3. Agreement Amount: The City agrees to make available Community Development Block
Grant (CDBG) funds, in the amount of TWENTY THOUSAND DOLLARS ($20,000.00) for
use by the Sub -Recipient during the Term of the Agreement to be spent as agreed on
Exhibit C — Budget following the rules for Financial Management for CDBG Funded
Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without
limitation, any additional amounts included thereto as a result of a subsequent
amendment(s) to the Agreement, shall be referred to as the "Funds").
Section 4. Alterations: Any proposed changes in the Project including, without limitation, the Budget
in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City
Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and
discretion.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR §
570.503 (b)(2), Sub -Recipient shall submit Financial and Progress reports as indicated in
Exhibit A - describing the progress made by the Sub -Recipient in achieving the objectives
identified in Exhibit A — Scope of Services. As part of the final report submitted, the Sub -
Recipient also agrees to include a comprehensive final report covering the agreed -upon
program objectives, activities, and expenditures, and including, but not limited to,
performance data and client feedback with respect to the goals and objectives outlined in
Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment
of the reporting requirement. Other reporting requirements may be required by the City
Manager in the event of program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered delinquent and
may be cause for default and termination of this Agreement, pursuant to Section 12 hereof.
Other reporting requirements may be required by City in the event legislative amendments
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are enacted or as the City Manager may reasonably deem necessary. The Sub -Recipient
shall be informed, in writing, if any changes become necessary. Drawdowns for the
payment of eligible expenses shall be made against the line item budgets specified in
Exhibit C — Budget and in accordance with performance.
Section 6. Monitoring: In compliance with 2 CFR § 200.331 (d) and (e), at its discretion, the City
may schedule at least one (1) annual on -site monitoring visit with the Sub -Recipient to
evaluate the progress of the program, and provide technical assistance using the
Monitoring Tool attached as Exhibit F.
Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG grant funds from HUD, and must be implemented in full compliance
with all of HUD's rules and regulations. In the event of curtailment or non -production of
said Federal funds, the financial sources necessary to continue to pay the Sub -Recipient
all or any portions of the Funds will not be available. In that event, the City may terminate
this Agreement, which termination shall be effective as of the date that it is determined by
the City Manager, in his/her sole discretion and judgment, that the Funds are no longer
available. In the event of such termination, the Sub -Recipient agrees that it will not look
to, nor seek to hold the City, nor any individual member of the City Commission and/or City
Administration, personally liable for the performance of this Agreement, and the City shall
be released from any further liability to Sub -Recipient under the terms of this Agreement.
Section 8. Compliance with Local, State, and Federal Regulations - The Sub -Recipient agrees to
comply with all applicable Federal regulations as they may apply to program administration
as described in 24 CFR Part 570 and 2 CFR Part 200 and carry out each activity in
compliance with the laws and regulations as described in 24 CFR Part 570, Subpart K —
Other Program Requirements, as same may be amended from time to time. Additionally,
the Sub -Recipient will comply with all State and local (City and County) applicable laws
and ordinances. It shall be the Sub -Recipient's sole and absolute responsibility to
continually familiarize itself with any and all such applicable Federal, State, County, and
City regulations, laws, and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described
in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by
the CDBG program. "Benefits" under this section means financial assistance, public
services, jobs, and access to new or rehabilitated housing and other facilities made
available under activities funded by the CDBG program. "Benefits" do not include relocation
services and payments to which displacees are entitled by law.
Section 10. Assignment/Subcontract: No part of this Agreement may be assigned 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 judgement.
Section 11. Term: This Agreement shall commence retroactively on October 1, 2023 and shall
terminate on September 30, 2024 (the Term), with the understanding that at the end of the
Term, the City Commission has the authority to reappropriate any remaining unused
Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by the City, for
convenience and without cause, through the City Manager, upon 30 days prior
written notice to Sub -Recipient. In the event of such termination for convenience,
the City shall cease any payments to Sub -Recipient for costs resulting from
obligations which were not approved before the effective date of termination. Sub -
Recipient shall be solely responsible for immediately returning any unused or
unapproved Funds as of the date of termination, and shall also be solely responsible
for submitting a final report, as provided in Section 5 hereof, (detailing all program
objectives, activities, and expenditures up to the effective date of the termination).
Said final report shall be due within five (5) working days following the effective date
of termination. Upon timely receipt of Sub -Recipient's final report, the City, at its sole
discretion, shall determine the amount (if any) of any additional portion of the Funds
to be returned to the City as a result of any unapproved or unused Funds, or
incomplete Project items, and shall provide Sub -Recipient with written notice of any
monies due. Said additional monies shall be due and payable immediately upon
receipt of such notice by Sub -Recipient. Notwithstanding the preceding, the City
reserves any and all legal rights and remedies it may have with regard to recapture
of all or any portion of the Funds, or any assets acquired or improved in whole or in
part with said Funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also
terminate this Agreement for cause. "Cause" shall include, but not be limited to, the
following:
a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County, or City law or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any
material respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by the
City's monitoring and applicable HUD rules and regulations.
The City shall notify the Sub -Recipient in writing when the Sub -Recipient has been
placed in default. Such notification shall include: (i) actions taken by or to be taken
by the City, such as withholding of payments; (ii) actions to be taken by the Sub -
Recipient as a condition precedent to curing the default, if applicable; and (iii) a
reasonable cure period, which shall be no less than thirty (30) days from notification
date with respect to Subsections 12.2(a), (b), and (d). In the event the Sub -Recipient
fails to cure a default under Subsections 12.2(a), (b), and (d) within the aforestated
cure period, this Agreement shall be considered terminated for cause, without
requiring further notice to Sub -Recipient, and Sub -Recipient shall be solely
responsible for repayment to the City of all or any portion of the Funds disbursed to
Sub -Recipient, as deemed required by the City, in its sole and reasonable discretion.
Said monies shall be immediately due and payable by Sub -Recipient.
Notwithstanding the preceding, the City reserves any and all legal rights and
remedies it may have with regard to recapture of all or any portion of the Funds, or
any assets acquired or improved in whole or in part with said Funds.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt of
the termination notice, without the opportunity to cure said default.
Additionally, if Sub -Recipient has committed similar defaults under Subsections
12.2(a), (b), and (d), on two or more occasions during the term of the Agreement,
the termination for cause, as described in this section, shall be effective as of the
date the second notice is sent to Sub -Recipient by the City, without the opportunity
to cure said default.
12.3 Termination for Lack of Proiect Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HUD, this Agreement will terminate, effective as
of the time that it is determined by the City Manager that such Funds are no longer
available. Costs of the Sub -Recipient incurred after termination are not allowable
unless expressly authorized in writing by the City Manager (whether in the notice of
termination or subsequent thereto), and, in that case, may only be allowable if, in the
sole discretion of the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination, were not in anticipation of it, and are noncancelable,
and
b. The costs would be allowable if the Agreement expired normally at the end of its
Term.
Section 13. Equal Employment Opportunities/No Discrimination/Affirmative Action: In
compliance with 2 CFR Part 200, Appendix II: Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction contract" in
41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR §
60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30
FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"
and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
Unless otherwise required by applicable laws, in connection with performance of the
Services, the Sub -Recipient shall not exclude from participation in, deny the benefits of, or
subject to discrimination anyone on the grounds of race, color, national origin, sex, age,
disability, religion, income, or family status.
Additionally, Sub -Recipient shall comply with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in the employment, housing, public accommodations, public
services, and in connection with its membership or policies because of actual or perceived
race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity,
familial and marital status, age, disability, ancestry, height, weight, hair texture and/or
hairstyle, domestic partner status, labor organization membership, familial situation, or
political affiliation.
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract. As used in this contract, the terms "small
business" means a business that meets the criteria set forth in section 3(a) of the Small
Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group
members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage
Americans, Asian -Americans, and American Indians. The Subrecipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
Section 14. Program Income: The Sub -Recipient shall report monthly all program income (as defined
at 24 CFR § 570.500(a)) generated by activities carried out with CDBG funds made
available under this Agreement. The use of program income by the Sub -Recipient shall
comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations,
the Sub -Recipient may use such income during the contract period for activities permitted
under this Agreement and shall reduce requests for additional funds by the amount of any
such program income balances on hand. All unexpended program income shall be
returned to the Grantee at the end of the Term. Any interest earned on cash advances from
the U.S. Treasury and from funds held in a revolving fund account is not program income
and shall be remitted promptly to the Grantee.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious
organizations or on property owned by religious organizations only with prior written
approval from the City Manager, and only in accordance with requirements set in 24 CFR
§ 570.200(j). The Sub -Recipient shall comply with First Amendment Church/State
principles, as follows.
a. It will not discriminate against any employee or applicant for employment on the basis
of religion and will not limit employment or give preference in employment to persons
on the basis of religion.
b. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
c. It will retain its independence from Federal, State, and local governments, and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct CDBG funds to support any
inherently religious activities, such as worship, religious instruction, or proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious activities.
Where a structure is used for both eligible and inherently religious activities, CDBG
funds may not exceed the cost of those portions of the acquisition, construction, or
rehabilitation that are attributable to eligible activities in accordance with the cost
accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels,
or other rooms that a CDBG-funded religious congregation uses as its principal place
of worship, however, are ineligible for CDBG-funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration
of the Agreement, and in addition to any and all other remedies available to the City
(whether under this Agreement, or at law or in equity), the Sub -Recipient shall immediately
transfer to the City any Funds on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds
on hand at the time of termination, shall not waive the City's right (nor excuse Sub -
Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Section 17. Conformity to HUD regulations: The Sub -Recipient agrees to abide by guidelines set
forth by HUD for the administration and implementation of the CDBG program, including
those set forth below and the applicable Uniform Administrative Requirements set forth in
24 CFR § 570.502, as amended by 2 CFR Part 200 and applicable Federal laws and
regulations in 24 CFR § 570.600, et seq. as now in effect and as may be amended from
time to time. In this regard, the Sub -Recipient agrees that duly authorized representatives
of HUD shall have access to any books, documents, papers, and records of the Sub -
Recipient that are directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts, and transcriptions.
a. Subpart A - "Acronyms and Definitions"
b. Subpart B - General Provisions
c. Subpart C - "Pre -Federal Award Requirements and Contents of Federal Awards"
0
d. Subpart D - "Post -Federal Award Requirements", except for §§ 200.305, 200.306,
200.307. 200.308. 200.311 of 2 CFR Part 200 as detailed below
1) "Payment" is modified for lump sum drawdown for financing of property
rehabilitation activities, in accordance with 24 CFR § 570.513.
2) "Program Income" is governed by 24 CFR § 570.504
3) "Real Property" does not apply, except as provided in 570.200(j). Real property is
governed by 24 CFR § 570.505.
4) "Equipment" CDBG Sub -Recipients shall follow Section 2 CFR § 200.313, except
that when the equipment is sold, the proceeds shall be program income.
Equipment not needed by the Sub -Recipient for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient.
5) Section 2 CFR § 200.334 "Retention requirements for records" applies except that:
For Sub -Recipients:
The retention period for individual CDBG activities shall be the longer of
five (5) years after the expiration or termination of the Sub -Recipient
agreement under 24 CFR § 570.503, or five (5) years after the submission
of the annual performance and evaluation report, as prescribed in 24 CFR
§ 91.520 of this title, in which the specific activity is reported on for the final
time,
Records for individual activities subject to the reversion of assets
provisions at 24 CFR § 570.503(b)(7) or change of use provisions at 24
CFR § 570.505 must be maintained for as long as those provisions
continue to apply to the activity; and
iii. Records for individual activities for which there are outstanding loan
balances, other receivables, or contingent liabilities must be retained until
such receivables or liabilities have been satisfied.
6) Section 2 CFR § 200.344 "Closeout"
City will close-out the Federal award when it determines that all applicable
administrative actions and all required work of the Federal award have been
completed by the Sub -Recipient. The following actions must take place to
complete this process at the end of the Term.
The Sub -Recipient must submit, no later than 45 calendar days after the
end date of the Term, all financial, accomplishment, performance, and
other reports as required by the terms and conditions of this Agreement.
City may approve extensions when requested by the Sub -Recipient.
Unless City authorizes an extension, Sub -Recipient must liquidate all
obligations incurred under this Agreement no later than 45 calendar days
after the end date of the Term as specified in the terms and conditions of
this Agreement.
iii. City must make prompt payments to the Sub -Recipient for allowable
reimbursable costs under this Agreement, meeting the requirements of
Subpart E (2 CFR §§ 200.400 — 200.476) prior to being closeout.
iv. Sub -Recipient must promptly refund any balances of unobligated cash that
City paid in advance or paid and that are not authorized to be retained by
the Sub -Recipient for use in other projects. See OMB Circular A-129 and
see 2 CFR § 200.345 Collection of amounts due, for requirements
regarding unreturned amounts that become delinquent debts.
V. Consistent with the terms and conditions of the Agreement, City must
make a settlement for any upward or downward adjustments to the
Federal share of costs after closeout reports are received.
vi. Sub -Recipient must account for any real and personal property acquired
with Federal funds or received from the Federal Government in
accordance with 2 CFR § 200.310 Insurance coverage through 200.316
Property Trust Relationship and 200.329 Reporting on Real Property.
vii. City should complete all closeout actions for Federal awards no later than
one year after receipt and acceptance of all required final reports.
Section 18. Sponsorships: The Sub -Recipient agrees that 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 Sub -Recipient for, on
behalf of, and/or about the Project, 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 DEVELOPMENT BLOCK GRANT FUNDS
ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT"
shall appear in the same size letters or type as the name of the Sub -Recipient.
Section 19. Examination of Records: The Sub -Recipient shall maintain sufficient records in
accordance with 24 CFR § 570.502, 570.503(b)(2) and 570.506 to determine compliance
with the requirements of this Agreement, the CDBG program, and all other applicable laws
and regulations. This documentation shall include, but not be limited to, the following.
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 provided directly or indirectly by this Agreement,
including matching funds and program Income. These records shall be maintained to
the extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies, and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement;
b. Time sheets for split -funded employees, which work on more than one activity, in order
to record the CDBG activity delivery cost by program and the non-CDBG related
charges, and
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR § 570.209, income certifications, and written
Agreements with beneficiaries, where applicable.
The Sub -Recipient is responsible for maintaining and storing all records pertinent to
this Agreement in an orderly fashion in a readily accessible, permanent, and secured
location for a period of five (5) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration date
of the five (5) year period, the records will be maintained until all litigation, claims, or
audit findings involving these records are resolved. The City shall be informed in writing
after closeout of this Agreement, of the address where the records are to be kept.
Section 20. Audits and Inspections:
a. At any time during normal business hours, and as often as the City (and/or its
representatives) may deem necessary, the Sub -Recipient shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement, for review, inspection or audit.
In compliance with 2 CFR Part 200, Subpart F- Audit Requirements, if Sub -Recipient
expends $750,000 or more during the non -Federal entity's fiscal year in Federal
awards, the Sub -Recipient must have a single or program -specific audit conducted for
that year in accordance with the provisions mentioned above and shall be submitted
to the City 180 days after the end of the Sub -Recipient's fiscal year.
If this Agreement is closed -out prior to the receipt of an audit report, the City reserves
the right to recover any disallowed costs identified in an audit after such closeout.
b. Inspector General Audit Rights
1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has
established the Office of the Inspector General which may, on a random basis,
perform reviews, audits, inspections, and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
2) The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present, and proposed City programs, accounts,
records, contracts, and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses, and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget, and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor,
oversee, inspect, and review operations, activities, performance, and procurement
process including, but not limited to, project design, bid specifications,
(bid/proposal) submittals, and activities of the Sub -Recipient, its officers, agents,
and employees, lobbyists, City staff, and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption Pursuant to
Section 2-378 of the City Code, the City is allocating a percentage of its overall
annual contract expenditures to fund the activities and operations of the Office of
Inspector General.
3) Upon ten (10) days written notice to the Sub -Recipient, the Sub -Recipient shall
make all requested records and documents available to the Inspector General for
inspection and copying. The Inspector General is empowered to retain the services
of independent private sector auditors to audit, investigate, monitor, oversee,
inspect, and review operations activities, performance, and procurement process
including, but not limited to, project design, bid specifications, (bid/proposal)
submittals, activities of the Sub -Recipient, its officers, agents, and employees,
lobbyists, City staff, and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption.
4) The Inspector General shall have the right to inspect and copy all documents and
records in the Sub -Recipient's possession, custody or control which in the
Inspector General's sole judgment, pertain to performance of the contract,
including, but not limited to, original estimate files, change order estimate files,
worksheets, proposals, and agreements from and with successful subcontractors
and suppliers, all project -related correspondence, memoranda, instructions,
financial documents, construction documents, (bid/proposal) and contract
documents, back -change documents, all documents and records which involve
cash, trade, or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for the
aforesaid documents and records.
5) The Sub -Recipient shall make available at its office at all reasonable times the
records, materials, and other evidence regarding the acquisition (bid preparation)
and performance of this Agreement, for examination, audit, or reproduction, until
three (3) years after final payment under this Agreement or for any longer period
required by statute or by other clauses of this Agreement. In addition:
i. If this Agreement is completely or partially terminated, the Sub -Recipient
shall make available records relating to the work terminated until three (3)
years after any resulting final termination settlement; and
ii. The Sub -Recipient shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this
Agreement until such appeals, litigation, or claims are finally resolved.
6) The provisions in this section shall apply to the Sub -Recipient, its officers, agents,
employees, subcontractors, and suppliers. The Sub -Recipient shall incorporate
the provisions in this section in all subcontracts and all other agreements
executed by the Sub -Recipient in connection with the performance of this
Agreement.
7) Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities. The provisions of this section are neither
intended nor shall they be construed to impose any liability on the City by the Sub -
Recipient or third parties.
Section 21. Indemnification/Insurance Requirements: The Sub -Recipient shall indemnify and hold
harmless the City, its officers, employees, and agents, from any and all claims, liability,
losses and causes of action which may arise out of an act, omission, negligence, or
misconduct on the part of the Sub -Recipient, or any of its agents, officers, servants,
employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting
under the direction, control, or supervision of Sub -Recipient, pursuant to this Agreement
and/or the Project. The Sub -Recipient shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the City, and
shall pay all costs (including attorney's fees) and judgements which may issue thereon.
This Indemnification shall survive the termination and/or expiration of this Agreement.
IN
The Sub -Recipient shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and the City's
Risk Manager has approved such insurance. In the event evidence of such insurance is
not forwarded to the City's Risk Manager within thirty (30) days after the commencement
date of the Term, this Agreement shall automatically terminate and become null and void,
and the City shall have no obligation under the terms and conditions hereof.
The Sub -Recipient shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Project contemplated herein, whichever is longer, the
following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the
amount of $1,000,000 single limit, subject to adjustment for inflation. The policy must
include coverage for contractual liability to cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to Florida
Statutes.
c. Automobile and vehicle coverage shall be required when the use of automobiles and
other vehicles are involved in any way in the performance of the Agreement. Limits for
such coverage shall be in the amount of $300,000, subject to adjustment for inflation.
d. Physical/Sexual Abuse coverage shall be required when dealing with minors. Limits
for such coverage shall be in the amount of $500,000.
The City of Miami Beach shall be named as an additional insured under all such insurance
contracts. Thirty (30) day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Sub -Recipient and its
insurance company. The insurance must be furnished by insurance companies authorized
to do business in the State of Florida, and approved by the City's Risk Manager. The
companies must be rated no less than "B+" as to management, and not less than "Class
VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk
Manager. Original Certificates of Insurance for the above coverage must be submitted to
the City's Risk Manager for approval prior to any work commencing. These certificates will
be kept on file in the Office of the Risk Manager, Third Floor City Hall.
The City shall have the right to obtain from the Sub -Recipient specimen copies of the
insurance policies, in the event that submitted Certificates of Insurance are inadequate to
ascertain compliance with required coverage. Compliance with the foregoing requirements
shall not relieve the Sub -Recipient of its obligation to indemnify and hold the City harmless,
as required in this section.
Section 22. Conflict of Interest: The Sub -Recipient covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development Block Grant (CDBG) funded activities has any personal financial interests,
direct or indirect, in this Agreement. The Sub -Recipient covenants that in the performance
of this Agreement, no person having such conflicting interest shall be employed. The Sub -
Recipient covenants that it will comply with all provisions of 24 CFR § 570.611 "Conflict of
Interest", and State, County, and City of Miami Beach statutes, regulations, ordinances, or
resolutions governing conflicts of interest. The Sub -Recipient shall disclose, in writing, to
the City any possible conflicting interest or apparent impropriety that is covered by the
above provisions. This disclosure shall occur immediately upon knowledge of such
possible conflict. The City will then render an opinion, which shall be binding on both
parties.
Section 23. Venue: 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
11
Miami -Dade County, Florida, if in State court. BY ENTERING INTO THIS AGREEMENT,
CITY AND SUB -RECIPIENT 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.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City Alba Tarre, Department Director
Office of Housing and Community Services
Care of: Office of Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Sub -Recipient: Keenya Robertson, Executive Director
Housing Opportunities Project for Excellence, Inc.
11501 NW 2 Avenue
Miami. FL 33168
In the event that the Sub -Recipient changes the Executive Director during the term of the
Agreement, such change must be notified in writing to the City within 15 days of such
change.
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if, in so doing,
the City can place a limit on 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 $5,000. Sub -Recipient hereby expresses its willingness to enter
into this Agreement with Sub -Recipient's recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $5,000.
Accordingly, Sub -Recipient hereby agrees that the City shall not be liable to Sub -Recipient
for damages in an amount in excess of $5,000, for any action or claim for breach of contract
arising out of the performance or nonperformance of any obligations imposed upon the City
by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement
is in any way intended to be a waiver of the limitation placed upon City's liability as set forth
in Florida Statutes, Section 768.28.
Section 26. Florida Public Records Law:
a. Sub -Recipient shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
b. The term "public records" shall have the meaning set forth in Section 119.011(12),
Florida Statutes, which means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
c. Pursuant to Section 119.0701, Florida Statutes, if the Sub -Recipient meets the
definition of "Contractor" as defined in Section 119.0701(1)(a), the Sub -Recipient shall:
1) Keep and maintain public records required by the City to perform the service;
2) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
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a reasonable time, at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law;
3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement, if
the Sub -Recipient does not transfer the records to the City;
4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Sub -Recipient or keep and maintain public records
required by the City to perform the service. If the Sub -Recipient transfers all public
records to the City upon completion of the Agreement, the Sub -Recipient shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Sub -Recipient keeps and
maintains public records upon completion of the Agreement, the Sub -Recipient
shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
d. Request for Records; Noncompliance
1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Sub -Recipient of the
request, and the Sub -Recipient must provide the records to the City or allow the
records to be inspected or copied within a reasonable time.
2) Sub -Recipient's failure to comply with the City's request for records shall constitute
a breach of this Agreement, and the City, at its sole discretion, may: (i) unilaterally
terminate the Agreement; (ii) avail itself of the remedies set forth under the
Agreement; and/or (iii) avail itself of any available remedies at law or in equity.
3) A Sub -Recipient who fails to provide the public records to the City within a
reasonable time may be subject to penalties under § 119.10, Florida Statutes.
e. Civil Action
1) If a civil action is filed against a Sub -Recipient to compel production of public
records relating to the City's contract for services, the court shall assess and award
against the Sub -Recipient the reasonable costs of enforcement, including
reasonable attorneys' fees, if.
The court determines that the Sub -Recipient unlawfully refused to comply with
the public records request within a reasonable time; and
At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the Sub -
Recipient has not complied with the request, to the City and to the Sub -
Recipient.
2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of
public records and to the Sub -Recipient at the Sub -Recipient's address listed on
its contract with the City or to the Sub -Recipient's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
13
evidence of delivery, which may be in an electronic format.
3) A Sub -Recipient who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of enforcement
f. IF THE SUB -RECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUB -RECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a-)MIAMIBEACH FL. GOV
PHONE: 305-673-7411
Section 27. E-Verify
27.1 Sub -Recipient shall comply with Section 448.095, Florida Statutes, "Employment
Eligibility" ("E-Verify Statute'), as may be amended from time to time. Pursuant to
the E-Verify Statute, commencing on January 1, 2021, Sub -Recipient shall register
with and use the E-Verify system to verify the work authorization status of all newly
hired employees during the Term of the Agreement. Additionally, Sub -Recipient
shall expressly require any approved subcontractor performing work or providing
services pursuant to the Agreement to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Sub -Recipient
enters into a contract with an approved subcontractor, the subcontractor must
provide the Sub -Recipient with an affidavit stating that the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien. Sub -Recipient
shall maintain a copy of such affidavit for the duration of the Agreement or such
other extended period as may be required under this Agreement.
27.2 Termination Rights
a. If the City has a good faith belief that Sub -Recipient has knowingly violated
Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with
Sub -Recipient for cause, and City shall thereafter have or owe no further
obligation or liability to Sub -Recipient.
b. If the City has a good faith belief that a subcontractor has knowingly violated
Section 27.1 of this Agreement, but the Sub -Recipient otherwise complied with
such section, the City will promptly notify the Sub -Recipient and order the Sub -
Recipient to immediately terminate the agreement with the subcontractor. Sub -
Recipient's failure to terminate a subcontractor shall be an event of default under
this Agreement, entitling City to terminate the Sub -Recipient's Agreement for
cause.
c A contract terminated under the foregoing Subparagraphs (a) or (b) is not in
breach of contract and may not be considered as such.
d. The City or Sub -Recipient or a subcontractor may file an action with the Circuit
or County Court to challenge a termination under the foregoing Subparagraphs
14
(a) or (b) no later than 20 calendar days after the date on which the contract was
terminated.
If the City terminates the Agreement with Sub -Recipient under the foregoing
Subparagraph (a), Sub -Recipient may not be awarded a public contract for at
least 1 year after the date of termination of this Agreement.
Sub -Recipient is liable for any additional costs incurred by the City as a result of
the termination of this Agreement under this section.
Section 28. Lobbying
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of
it, 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 the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of 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 be 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 cooper- ative agreement, it will complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions; and
c. It will require that the language of paragraph (d) 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:
d. Lobbying Certification
e. 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.C. 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.
Section 29. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
(SIGNATURES TO FOLLOW)
15
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.
AA0V t s t rJ &, 01-Po R-'iU N 1TI C S 'FOP- E-MIfI -0 1�G, I N L
TWEE HOUSING AUTHORITY OF THE CITY OF MIAMI REACH, FLORID
ut#�oFitY c, Fl.o R-t D FF N oT - FOP-- PP-0 r IT
ATTEST: vv���
Secretary
Y ' fi
Print Name
II-Z G - 2d 23
Date
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal corporation
ATTEST:
Signature
Rafael E. Granado, City Clerk
Print Name
Date
Keenva Robertson, Executive Director
Print Name and Title
nature
Alina T. Hudak, City Manager
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney ' . , Date
CtAoPC7jIfJb
16
EXHIBIT "A"
"SCOPE OF SERVICES"
Statement of Work:
In compliance with 24 CFR 570.503 (b)(1), Sub -Recipient aarees to Drovide the following:
i
Sub -Recipient Name:
Housing Opportunities Project for Excellence, Inc. (H.O.P.E., INC.)
Federal Award
65-0108794
Identification:
UEI Number:
XATABA6LLRC7
Federal Award:
FY 2023 CDBG Funds
Subaward Period of
Performance:
Retroactive to October 1, 2023 - September 30, 2024
Budget:
$20,000- as detailed in Exhibit C- Budget
Federal Awarding
U.S. Department of Housing and Urban Development (HUD)
Agency:
Pass -through Entity:
City of Miami Beach — Office of Housing and Community Development, a
Division of the Office of Housing and Community Services.
Prior to the 10t" of every month starting the month after contract execution:
Reports Due:
• Progress
. Accomplishments
• Financial
Budget Amendment
June 30, 2024
Deadline
At least sixty (60) percent of your allotted grant funds must be expended
Expenditure Deadline
by June 30, 2024 as demonstrated by the total value of reimbursements
processed.
Project:
Fair Housing Services — Affirmatively Furthering Fair Housing efforts within
the City limits.
Project Location:
Scattered sites located within the City of Miami Beach limits
Provision of services to support the City in meeting its requirements to
Affirmatively Further Fair Housing. Activities will include targeted efforts to
reach home seekers, housing providers, Sub -Recipients and City staff
through presentations, classes, meetings, workshops, community events
and seminars where people can be duly informed of their rights and
Service: responsibilities under national, state, and local fair housing laws. Fair
Housing testing will assess the compliance of housing providers operating
in the City of Miami Beach with fair housing laws. Fair housing testing
includes identification of subject properties, verification of vacancies, test
design/structure, briefing and debriefing of testers, document collection and
analysis. Fair Housing Month/Awareness ads will be created and provided
to City of Miami Beach for electronic distribution to its residents.
10 Fair Housing Education presentations/sessions and community
Units of Service:
outreach appearances
• 13 Fair Housing Testing (paired telephone tests)
• 12 Fair Housing Month/Awareness ads
• Documentation of presentation and attendance (agenda,
attendance summaries, applicable event materials, photos, etc.)
Deliverables: 0 Log of completed testing to include name of property tested, date,
fair housing basis (race, familial status, etc.), and results.
• Copies of ads provided to City of Miami Beach with date and
location of publication.
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• Outreach and public education raising awareness of the fair housing
Benchmark laws that protect individuals against housing discrimination and
assessment of compliance of City of Miami Beach housing
providers, including those receiving City funds, with fair housing
laws.
Requirements/Definitions:
1. 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.
2. Certified Payroll
Certified payrolls shall be submitted weekly for each week in which any contract work is performed
in compliance with Federal Labor Standard Provisions
3. Section 3
Any Agreement greater than $210,000 that involves rehabilitation, housing construction, or other
public construction, requires compliance with Section 3 of the HUD Act of 1968 as amended, and as
implemented by the regulations set forth in 24 CFR 135.
4. Environmental Review
All projects must have an Environmental Review completed. The Subrecipient does not assume the
City's environmental responsibilities described in 24 CFR 570.604,
No Project Funds will be advanced, and no costs can be incurred, until the City has conducted an
Environmental Review of the proposed Project site as required per 24 CFR § 58.
5. Compliance with National Objective
The Sub -Recipient must maintain documentation that demonstrates that the activities carried out with
funds provided under this Agreement meet one or more of the CDBG program's national objectives:
(1) benefit low/moderate income persons, (2) aid in the prevention or elimination of slums or blight,
or (3) meet community development needs having a particular urgency, as defined in 24 CFR §
570.208, specific documentation of which shall be maintained in the Project file.
6. Income Verification
Sub -Recipient will ensure and maintain evidence that activities assisted with CDBG Funds comply
with the primary National Objective, "Benefit to 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
HUD income limits. Sub -Recipients are responsible for using the most current income limits.
Sub -Recipient may utilize the CDP Income Eligibility Calculator provided at
https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the
responsibility of the Sub -Recipient to become familiar with this tool.
Budget Amendments
The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written
approval by the City Manager.
18
To request a 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.
Budget amendments 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.
Employee File Review
The following documentation must be included in the Sub -Recipient's file for those employees
providing services under this contract as applicable.
• Current Florida Driver License
• Resume with evidence of Required Experience
• State of Florida Board Teacher Certification/License, if applicable
• Administrative Rule 6a-4.01795 — ESE education/experience, if applicable
• Childcare Affidavit of Good Moral Character
• Level 2 Florida Background Criminal Screening
• Child Abuse and Neglect Reporting Requirement
• Data Confidentiality Agreement
• 1-9 Verification on File
9. Evaluation
In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub -
Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following
measures:
• Agreement compliance
• Accuracy and timeliness of Financial Reports
• Accuracy and timeliness of Progress Reports
• Adherence to Project timelines and Technical Assistance and Sub -Recipient Instructions
• Fulfillment of prescribed outcomes
10. Monitoring & Performance Reviews
City reserves the right to inspect, monitor and/or audit the Sub -Recipient to ensure contractual
compliance. Monitoring visits will commence within 120 days of the Agreement's execution date. City
will notify Sub -Recipient a minimum of three (3) business days prior to a monitoring visit.
11. Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub -Recipient must remain incompliance with all local rules, regulations, ordinances and laws
(including having an active business license) in addition to those specified in the body of the
Agreement. In addition, the Sub -Recipient must not owe any monies to the City at the time of
Agreement execution or final release of grant funds.
The City will verify with the Finance Department to ensure that no monies are due the City prior to
Agreement execution
12. 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 fifty (50) years in adherence with the affordability period required in connection with
the use of these Project Funds. For completed projects, certified tenant rolls must be submitted
annually by November 1 st.
13. Affordable Rents Criteria
To ensure the housing is affordable to low- and moderate -income persons, all CDBG-assisted rental
units (12 units) must have rents that are the lesser of the Section 8 Fair Market Rents periodically
established by HUD for the Section 8 rental assistance program for existing housing, or rents which
Ws]
are 30% of adjusted income for households at 50% of area median income minus tenant paid utilities.
The Subrecipient shall ensure that all of the units in the Project continue to be used to provide housing
for low- and moderate -income persons at affordable rents. The affordability period for the Project will
be 30 years from the date of issuance of a Final Certificate of Occupancy for the Project ("Affordability
Period").
14, Restrictive Covenant
The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will
ensure the assisted units remain affordable without regard to the term of any mortgage or the transfer
of ownership for not less than the appropriate term described in the previous paragraph. The period
of affordability for this Project is thirty (30) years regardless of repayment of loan and/or transfer or
sale of the Project Property or any portion thereof.
15. Reporting Requirements
Progress Report —The Sub -Recipient is required to submit a Project Progress Report via Neighborly
software, as indicated in the Scope of Services. Even if no clients are served during any particular
quarter and/or no grant funds have been expended, the subrecipient is still required to complete and
submit the Quarterly Progress Report, explaining any issues and/or challenges related to the program
Reports are divided into two sections_
• Part 1 - Accomplishments — The report will detail the demographics of the Project
beneficiaries regardless of the service being provided. In order to avoid duplication,
beneficiaries are only to be reported once after the first time a service is provided. Sub -
Recipient is to report only the new clients (people) benefiting from the Project in each report
with the Accomplishment Report matching race, income and other information requested.
• Part 2 — Narrative and Supporting Documentation - The report summarizes the progress
made during the reporting period, including photos and Units of Service completed. The
report should detail accomplishments compared to the annualized goals set for the activity
or program
• Financial Report— Funding provided under this Agreement is available on a reimbursable
basis. Reimbursement of funds under this Agreement may be requested only for necessary,
reasonable, and allowable costs described in the Budget. Draws shall be submitted via
Neighborly Software no more frequently than once a month. The report delineates Project
expenses incurred and must include the corresponding evidence of expenses incurred for
any Project related expense which is being submitted for reimbursement as detailed in
Exhibit "B" Documentation. Exhibit "E" shall be completed for each draw request and included
uploaded to Neighborly Software along with all back-up documentation. City is only to
reimburse expenses related to the provision of services related to this Agreement.
Reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately completed including draw number and submittal date
• Necessary back-up materials are included (as stated in Exhibit "B" Documentation.)
• Reports bear the signature of the person preparing the report and the Sub -Recipient's
authorized signatory
16. 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.
17. Procurement Records
All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part 200
Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD rules to
ensure compliance.
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Sub -Recipient must retain and include the following rationale and documents supporting any
acquisition of goods and services that are being charged to this Project in compliance with 2 CFR
Part 200 Subpart D, Procurement Standards:
• Rationale for the method of procurement,
• Selection of contract type;
• Contractor selection or rejection; and
• Basis for the contract price.
18. Professional Services Contracts
No part of this Agreement may be assigned 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 judgement. 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.
19. Training Requirements
Sub -Recipient must ensure that the person responsible for preparing the Monthly Progress,
Accomplishment and Financial Reports attends the HCD's Sub -Recipient Reporting Training and
places the attendance certificate in the Project's file for inspection by HCD during its monitoring visit.
20. Proof of Insurance
Evidence of appropriate and required insurance must be submitted prior to contract execution. No
City funds will be dispersed prior to submission of required insurance coverage.
21
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
adding the City of Miami Beach as additional insured
The Sub -Recipient agrees to maintain the following documents as part of its requirements:
To document service:
• Intake & screening forms must include:
• Name
• Date of birth
• Beneficiary's address
• Demographic information as required in the CDBG Accomplishment Form
• Executed client consent Agreement to receive services
• Program enrolled
• Verify information on family size and income so that it is evident that at least 51
percent of the clientele are persons whose family income does not exceed the low -
and moderate -income limit.
• Any additional documents as requested by the City
The Sub -Recipient agrees to provide the following documents as part of its reporting
requirements:
To document expenses incurred:
Supporting documents to be submitted with the Monthly Finance Report are as follows:
• Salaries related expenses:
• Daily attendance logs — Time -sheets
• Electronic payroll ledgers with corresponding bank transactions (statement)
• Cancelled checks
• Form 941 — Employer's Quarterly Federal Tax Return
• Unemployment payment
• Any additional documents as requested by the City
Fringe Benefits related expenses:
• Bank statements
• Worker's Compensation invoice, policy and cancelled check
• Any additional documents as requested by the City
• Operating Expenses:
• Detailed invoices/bill
• Cancelled checks and/or Bank statements
• Any additional documents requested by the City
M
EXHIBIT "C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this Agreement.
MIAMI BEACH
CDBG FY 2324
Project Budget
HOUSING OPPORTUMTIES PROJECT FOR Affirmatively Fvthenng Fair Housng
Sub -Recipient: EXCELLENCE.INC (HOPEI Project Services
Please Iiri all items that w it be reimbursed by the City of Mai v Beach
Quantity
Personnel (Employees Only( - List Position Tide
CapitalfEQuipment Costs
Professional Services
Fax Housing Educxion pesemauonsfsess.ons and comrt..nny wtreah appcaianus 10 $580 $ 5.800.00
F-Housng Teuxg(pa.ed Telephone resrsl 13 $1.000 S13.000.00
Fair Housing MonrMA.. areness ads 12 $100 S 1200.00
20.000 00
23
"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, and 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 Sub -Recipient 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 five (5) 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. Financial records are to be retained for a
period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their
representative.
Audits
Sub -Recipient shall adhere to the following audit requirements:
1. Audits for Federal Awards in excess of $750,000 in a fiscal year.
If the Sub -Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a
single audit or program specific audit conducted for that year. The audit shall be conducted in
accordance with GAGAS and 2 CFR § 200.501, The audit shall determine whether the financial
statements are presented fairly in all material respects in conformity with generally accepted accounting
principles.
In addition to the above requirements, the auditor shall perform procedures to obtain an understanding
of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the
auditor shall determine whether the Sub -Recipient has complied with laws, regulations and the
provisions of this Agreement.
24
A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's
report(s) or nine (9) months after the end of the audit period. The reporting package will include the
certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of
prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include:
• An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in
all material respects in conformity with generally accepted principles and an opinion (or disclaimer
of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all
material respects in relation to the financial statements taken as a whole.
• A report on internal controls related to the financial statements and major programs. This report
shall describe the scope of testing of internal controls and the results of the test, and, where
applicable, refer to the separate schedule of findings and questioned costs.
• A report on compliance with laws, regulations, and the provisions of contracts and/or this
Agreement, noncompliance with which could have a material effect on the financial statements.
This report shall also include an opinion (or disclaimer of opinion) as to whether the Sub -Recipient
complied with the laws, regulations, and the provisions of contracts and this Agreement which could
have a direct and material effect on the program and, where applicable, refer to the separate
schedule of findings and questioned costs.
• A schedule of findings and questioned cost which shall include the requirements of 2 CFR §
200.501.
2. Audits for Federal Awards under $750,000 in a fiscal year.
If the Sub -Recipient expends less than $750,000 in the fiscal year in Federal awards it is exempted
from Federal audit requirements for that year and consequently the audit cost is not a reimbursable
expense. The City, however, may request the Sub -Recipient to have a limited scope audit for
monitoring purposes. These limited scope audits will be paid for and arranged by the City and
address only one or more of the following types of compliance requirements: activities allowed or
disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and,
reporting.
All reports presented to the City shall, where applicable, include sufficient information to provide a
proper perspective for judging the prevalence and consequences of the findings, such as whether
an audit finding represents an isolated instance or a systemic problem. Where appropriate,
instances identified shall be related to the universe and the number of cases examined and
quantified in terms of dollar value.
25
EXHIBIT "E"
"Report Forms"
MI A M I BEACH Monthly Financial Report
Sub -Recipient:
Housing Opportunities Project for Excellence. Inc. (H.O.P.E.)
Project:
Fair Housing Education and Outreach Initiative
Funding Source:
JCDBG FY 2023
Funding Fiscal Year:
2023
_
Reporting Period:
Date of Reimbursement Request-
Draw #L
Reimbursement
Summary
Expense Category
Grant Award
Previous Available This Request
Requests Balance
Personnel Expenses
$
$ $ $
Operating Expenses
$
$ $ $
Capital/Equipment Expenses
$
$ $ $
Professional Services Expenses
$ 20.000 00
$ $ 20,000.00 $
Other Expenses
$
$ $ - $
In accordance with the contract between the City and the Sub -Recipient: The parties acknowledge
that the Funds originate from HUD, and must be implemented in full compliance with all of HUD's
rules and regulations.
In accordance with the contract between the City and the Sub -Recipient The Sub -Recipient
agrees to comply with all applicable Federal regulations as they may apply to Program
administration and to carry out each activity in compliance with the laws and regulations as
described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally,
the Sub -Recipient will comply with all State and local (City and County) laws and ordinances
hereto applicable.
In accordance with the contract between the City and the Sub -Recipient, the Sub -Recipient will
ensure and maintain evidence that activities assisted with HUD funds from the City comply with
the stated National Objective
Signature of Preparing Party
Name
Date
Signature of Authorizing Party
Name
Date
0
REIMBURSEMENT SUMMARY
YCIJVIIIICI C Ay CII,CJ
eratina Expenses
CapltatlEaumment Expenses
Professional Services Expenses
Other E xpenses
27
NMIAMI BEACH
CITY OF MIAMI BEACH
Office of Housing and Community Services
co mnmry development Block Grant (CDBG) Program
Sul Re ,pent On -See n+omtotng Cneckbst
Public Services
Date of Monitoring visit -
Sub recipient
Address
Phone cm _
Project Name/Project Manager
3
YES NO NIA Commr"n
O m
A. National ObjeCtrw and Eligibility:
O
1 W
t3eriekt to rOwand MOdaatelnCprie Persons (C.FR 570 fie)
�
f0 �
B. Conformance to the Sub-reapient Agreement
=
I CCMr.ct Scone OI Woik - 15 the I.R scope Of Se ces
T
fisted Inuie contract ties, l'st any oeviakm
O
2 levels OI AC[M1016nrneliiz IS the prW i acne V die _
ekpeded levels of mfamarice (number Of persons served.
etc) and react" ine •mended cit t group7
is the Project accornpbsnvig wnal r, was desgied
to 007
3 TmieN Perfanunce - Is the work being Performed n a
limey manner h e.. m trrg me schedule as sham n
the Scope of Wank)?
4 Bwcet - Do actual eapencl4wes match panned
expend ,west
fV
CO
.. Reguesls for Payment - Are payment requests ueing
suumitted in a timely mannerri
Are payment requests consistent with level of work
accomplished?
Is Program Income being reported on a monthly basis?
6 Progress Repats - Have progress reports been subrrialed
In a timely manner?
Are progress reports complete and accurate?
r SOCClal CorWltlons odes the project conform to any specs'.
terms and conditions included In the agreement?
>ub-reclplent
YES NO NiA Comments
C. Record•Keeping Systems (SM506)
1 Filing System - Are fee orderly, comprehensive. up-to-date.
secured for Conndemtallty? -_- -
Documentation - Does sub-reciplent have established
procedures for collecting ellglb0ly ncome documentationfrom program participanlslchenls?
00 project ales have necessary documentation to suppon
national oblective. efigioihy and program costs?
J fiord Retention - Does sub recipient have a records
retention policy and procedure?
J Site Managemenl - Is project manager tocaled on -site _
and running day today operations?
N
(D
RESOLUTION NO 2023-32637
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIVE-YEAR (FY 2023-2027)
CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN FOR FISCAL YEAR
2023 FOR FEDERAL FUNDS, WHICH INCLUDE THE BUDGETS FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, IN THE
AMOUNT OF $935,181.00, AND THE HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM, IN THE AMOUNT OF $671,958.00; AND AUTHORIZING
THE CITY MANAGER TO: (1) ALLOCATE CDBG FUNDING TO THE
FOLLOWING PROGRAMS: (1) $14,000.00 TO UNIDAD OF MIAMI BEACH
PROJECT LINK; (11) $35,000.00 TO BOYS AND GIRLS CLUBS OF MIAMI-
DADE, (III) $21,638.00 TO AYUDA - HERE FOR YOU PROGRAM; (IV)
$14,440.00 TO UNIDAD SENIOR RECREATION AND LANGUAGE PROGRAM;
(V) $25,200.00 TO FRIENDSHIP CIRCLE; (VI) $30,000.00 TO OCS GROCERY
PROGRAM, (VII) $607,866.00 TO AN AFFORDABLE HOUSING
REHABILITATION PROJECT AND/OR ACQUISITION; AND (Vill) $187,037.00
FOR PROGRAM ADMINISTRATION; (2) ALLOCATE HOME FUNDING TO THE
FOLLOWING (1) $503,970.00 TO VISTA BREEZE, LTD. RELATED TO THE
CONSTRUCTION OF AN AFFORDABLE HOUSING PROJECT; (11) $100,793.00
TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO); AND
(111) $67,195.00 FOR PROGRAM ADMINISTRATION; (3) EXECUTE ALL
APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND
ALLOCATION OF THESE PROGRAM FUNDS; (4) SUBMIT THE FIVE-YEAR
(FY 2023-2027) CONSOLIDATED PLAN AND THE ONE-YEAR ACTION PLAN
TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD); (5) MAKE MINOR NON -SUBSTANTIAL CHANGES TO THE ONE-YEAR
ACTION PLAN OR THE FIVE-YEAR CONSOLIDATED PLAN, OR THE
RESULTING AGREEMENTS (WHICH DO NOT ALTER THE PURPOSE,
SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLANS), AND (6)
EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN
NECESSARY, AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AGREEMENTS WITH SUB -RECIPIENTS OF CDBG AND
HOME PROGRAM FUNDS AND CITY INTERDEPARTMENTAL AGREEMENTS.
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) federal formula grant programs as follows: Community Development Block
Grant (CDBG) funds and HOME Investment Partnerships (HOME) funds; and
WHEREAS, the Five -Year Consolidated Plan and the One -Year Action Plan is a federal
requirement for all HUD entitlement jurisdictions, including the CDBG and HOME Programs, and
WHEREAS, the proposed Five -Year Consolidated Plan for FY 2023-2027 is the City's
long-term plan on how it intends to use federal CDBG and HOME entitlement funds for the term
of the Plan; and
WHEREAS, the Action Plan provides a concise summary of the actions, activities, and
programs that will take place during the 2023 program year to address the priority needs and
goals identified in the Five -Year Consolidated Plan; and
WHEREAS, the City has contracted with WFN Consulting for the production of these
planning documents, which serve as the application for funding for the CDBG and HOME
programs that serve low-income individuals and/or families; and
WHEREAS, the One -Year Action Plan for FY 2023 is based upon the City's federal
entitlement allocation of $935,181.00 in CDBG funds and $671,958.00 in HOME funds; and
WHEREAS, the priority needs for the 2023-2027 Consolidated plan are summarized
below:
• Housing Affordability
o Housing Affordability - Acquisition & Rental Rehabilitation
o Housing Affordability — Tenant -Based Rental Assistance
o Housing Affordability — New Construction
o Housing Affordability — Homebuyer Ownership Assistance
• Increase the Capacity of Public Services
c Youth Services
o Homelessness Services
o Senior Services
o Disability Programs
o General Services Programs
• Public Facility & Infrastructure Improvements
Neighborhood Revitalization
Neighborhood Resilience
• Economic Development
Job Training and Business Support
WHEREAS, the City held three (3) Needs Assessment meetings to obtain input from the
public regarding housing and other community needs in the City of Miami Beach at the following
locations and times:
Miami Beach Botanical Garden on Wednesday, February 8, 2023, at 2:00 PM
North Shore Park and Youth Center on Wednesday, February 8, 2023, at 6:00 PM
Police Athletic League GYM on Thursday, February 9, 2023, at 6:00 PM
and
WHEREAS, another public hearing was held on April 18, 2023, at the Affordable Housing
Advisory Committee (AHAC) meeting with a 30-day public comment period (April 3, 2023 — May
2, 2023) for community development needs, and
WHEREAS, three public hearings were held to obtain feedback on the draft plan with a
30-day public comment period (May 22, 2023 — June 21, 2023).
• North Shore Park and Youth Center on Tuesday, June 6, 2023, at 6:00 PM
• Miami Beach Botanical Garden on Wednesday, June 7, at 2:00 PM
• Police Athletic League GYM on Thursday, June 8, 2023, at 6:00 PM; and
WHEREAS, all comments received at these hearings will be incorporated into the final
Plan; and
WHEREAS, CDBG funds may be used for a maximum of 20 percent ($187,037.00) for
program planning and administration activities and a maximum of 15 percent (S140,278.00) for
public service activities; and
WHEREAS, on February 23, 2023, the Administration issued a Request for Applications
(RFA) for CDBG, HOME, and HOME -ARP funds approved via Resolution 2023-32497; and
WHEREAS, the resulting CDBG recommendations for public services, are as follows:
$14,000.00 for UNIDAD of Miami Beach - Project Link, $35,000.00 for Boys & Girls Club of Miami -
Dade aftercare and summer camp; $21,638,00 for Ayuda - Here for You Program; $14,400.00 for
UNIDAD of Miami Beach — Recreation and Language Services, and $25,200.00 for Friendship
Circle — Sunday Circle; and
WHEREAS, the City's Grocery Assistance Program will be funded utilizing a total of
$10,000 from FY 2022 unexpended CDBG public services funds and $30,000 in FY 2023 public
services funds, for a total of $40,000; and
WHEREAS, the Administration is recommending deferral of the $607,866.00 in CDBG
funds for future award to a shovel -ready project addressing housing affordability, and
WHEREAS, the City will contract Housing Opportunities Project for Excellence, Inc.
(HOPE, Inc.) for the provision of HUD -mandated fair housing services in the amount of $20,000,
utilizing CDBG planning and administration funds, and
WHEREAS, HOME funds may be used for a maximum of 10 percent ($67,195.00) for
program planning and administration activities, and
WHEREAS, the HOME Program rules require each entitlement community to reserve a
minimum of 15 percent ($100,793.00) of its annual allocation for activities undertaken by qualified
Community Housing Development Organizations (CHDO); and
WHEREAS, a CHDO is a private nonprofit, community -based housing development
organization that has identified the development of affordable housing as its primary mission and
has the capacity to develop affordable housing; and
WHEREAS, the Administration is recommending $503,970 in HOME funds be allocated
to Vista Breeze, Ltd. ('Vista Breeze"), a related entity of the Atlantic Pacific Companies, for gap
funding for the development of Vista Breeze, a new construction affordable housing development
(the "Project"), comprised of 119 units in two buildings on Normandy Isles, located at 165-185 S.
Shore Drive and 280-300 S. Shore Drive in Miami Beach ("Vista Breeze Project Site"); and
WHEREAS, the Vista Breeze Project Site is owned by the Housing Authority of the City
of Miami Beach (HACMB) and HACMB, as landlord, and Vista Breeze, as tenant, have entered
into an Amended and Restated Ground Lease Agreement ("Ground Lease'), said Ground Lease
granting Vista Breeze the right to develop the Project Site as well as other locations as affordable
housing developments, with the improvements being owned Vista Breeze during the term of the
Ground Lease, and
WHEREAS, since HOME regulations require the project Sub -Recipient and the owner of
the building to be the same entity, the HOME funds for this Project have been awarded to Vista
Breeze, the entity who will be developing the Project; and
WHEREAS, no applications were received for the HOME -ARP funding for this RFA; and
WHEREAS, at its May 24, 2023 meeting, the Finance and Economic Resiliency
Committee (FERC) directed the Administration to allocate $50,000 of HOME -ARP funds to the
Rental Application Fee Reimbursement Pilot Program that can reimburse application fee costs
incurred by Miami Beach households at or below 80% AMI; and
WHEREAS, there is a separate City Commission agenda item approving the allocation of
these funds for the Rental Application Fee Reimbursement Pilot Program; and
WHEREAS, there remains a balance of $115,643.00 for supportive services and
$112,269.35 for non-profit capacity building in HOME -ARP funds; and
WHEREAS, the City Manager is the HUD -designated agent for all formula grants, and
executes the grant applications, agreements, and other applicable HUD documents on behalf of
the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the Five -Year (FY 2023-2027) Consolidated Plan and One -Year Action
Plan for Fiscal Year 2023 for Federal Funds, which include the budgets for the Community
Development Block Grant (CDBG) program, in the amount of $935,181.00, and the Home
Investment Partnerships (HOME) Program, in the amount of $671,958.00, and authorize the City
Manager to: (1) allocate CDBG funding to the following programs: (i) $14,000.00 to UNIDAD of
Miami Beach Project Link, (ii) $35,000.00 to Boys and Girls Clubs of Miami -Dade, (iii) $21,638.00
to Ayuda - Here for You Program; (iv) $14,440.00 to UNIDAD Senior Recreation and Language
Program, (v) $25,200.00 to Friendship Circle; (vi) $30,000.00 to OCS Grocery Program, (vii)
$607,866.00 to an affordable housing rehabilitation project and/or acquisition, and (viii)
$187,037.00 for program administration, (2) allocate HOME funding to the following (i)
$503,970.00 to Vista Breeze, LTD. Related to the construction of an affordable housing project;
(ii) $100,793.00 to a Community Housing Development Organization (CHDO); and (iii) $67,195.00
for program administration; (3) execute all applicable documents related to the appropriation and
allocation of these program funds; (4) submit the Five -Year (FY 2023-2027) Consolidated Plan
and the One -Year Action Plan to the U. S. Department of Housing And Urban Development
(HUD); (5) make minor non -substantial changes to the One -Year Action Plan or the Five -Year
Consolidated Plan, or the resulting agreements (which do not alter the purpose, scope, approved
budget and/or intent of the plans); and (6) extend the expiration dates of said agreements when
necessary; and further authorize the City Manager and City Clerk to execute agreements with
Sub -Recipients of CDBG and HOME program funds and City interdepartmental agreements.
PASSED and ADOPTED this 0 day of 344
ATTEST:
JUL - 5 7.023
Rafael E. Granado, City Clerk
Dan Gelber, Mayor
2023.
APPROVED AS TO
FORM & LANGUAGE
---�& F(DR EXECl1TIUN
City Attorney �!'�� 6atc
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 28, 2023
SUBJECT.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIVE-YEAR (FY 2023-2027)
CONSOLIDATED PLAN AND ONE-YEAR ACTION PLAN FOR FISCAL YEAR 2023
FOR FEDERAL FUNDS, WHICH INCLUDE THE BUDGETS FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, IN THE
AMOUNT OF $935,181.00, AND THE HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM, IN THE AMOUNT OF $671,958.00; AND AUTHORIZING THE
CITY MANAGER TO: (1) ALLOCATE CDBG FUNDING TO THE FOLLOWING
PROGRAMS: (1) $14,000.00 TO UNIDAD OF MIAMI BEACH PROJECT LINK; (II)
$35,000.00 TO BOYS AND GIRLS CLUBS OF MIAMI-DADE; (III) $21,638.00 TO
AYUDA - HERE FOR YOU PROGRAM; (IV) $14,440.00 TO UNIDAD SENIOR
RECREATION AND LANGUAGE PROGRAM; (V) $25,200.00 TO FRIENDSHIP
CIRCLE; (VI) $30,000.00 TO OCS GROCERY PROGRAM; (VII) $607,866.00 TO AN
AFFORDABLE HOUSING REHABILITATION PROJECT AND/OR ACQUISITION;
AND (VI II) $187,037.00 FOR PROGRAM ADMINISTRATION; (2) ALLOCATE HOME
FUNDING TO THE FOLLOWING (1) $503,970.00 TO VISTA BREEZE, LTD.
RELATED TO THE CONSTRUCTION OF AN AFFORDABLE HOUSING PROJECT;
(11) $100,793.00 TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
(CHDO); AND (111) $67,195.00 FOR PROGRAM ADMINISTRATION; (3) EXECUTE
ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND
ALLOCATION OF THESE PROGRAM FUNDS; (4) SUBMIT THE FIVE-YEAR (FY
2023-2027) CONSOLIDATED PLAN AND THE ONE-YEAR ACTION PLAN TO THE
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); (5) MAKE
MINOR NON -SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN OR
THE FIVE-YEAR CONSOLIDATED PLAN, OR THE RESULTING AGREEMENTS
(WHICH DO NOT ALTER THE PURPOSE, SCOPE,APPROVED BUDGETAND/OR
INTENT OF THE PLANS); AND (6) EXTEND THE EXPIRATION DATES OF SAID
AGREEMENTS WHEN NECESSARY; AND FURTHER AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH SUB -
RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS AND CITY
INTERDEPARTMENTAL AGREEMENTS.
The Administration recommends adopting the Resolution.
i &G.191 ► I 11ta&t• i
Page 367 of 1808
The City of Miami Beach (the "City') is a U.S. Department of Housing and Urban Development (HUD)
designated entitlement city as determined by the decennial census information on population growth
lag, overcrowding, age of housing stock, and poverty. The City has been an entitlement city since 1975.
As an entitlement city, Miami Beach qualifies for an annual allocation of federal funding under HUD's
grant programs, including the HOME Investment Partnership (HOME) Program and the Community
Development Block Grant (CDBG) Program.
Five -Year Consolidated Plan
The Five -Year Consolidated Plan and Annual Action Plan (Plans) are a federal requirement for all
HUD entitlement communities. The proposed Five -Year Consolidated Plan describes how the City
intends to use HOME and CDBG funds for the term of the Plan. The Action Plan is a component of
the Consolidated Plan and provides a concise summary of the actions, activities, and programs that
will take place during the program year to address the priority needs and goals identified in the
Consolidated Plan. The City has contracted with W FN Consulting for the production of these planning
documents, which serve as the application for funding for the HOME and CDBG programs that serve
low-income individuals and/or families. This document must be submitted to HUD by August 15, 2023,
using HUD's Integrated Disbursement Information System (IDIS).
During the development of the Consolidated Plan, several priority needs were identified. Guidelines
for addressing these priority needs over the 2023-2027 timeframe are summarized below.
• Housing Affordability
o Housing Affordability- Acquisition & Rental Rehabilitation
o Housing Affordability — Tenant -Based Rental Assistance
o Housing Affordability — New Construction
o Housing Affordability— Homebuyer Ownership Assistance
• Increase the Capacity of Public Services
o Youth Services
o Homelessness Services
o Senior Services
o Disability Programs
o General Services Programs
• Public Facility & Infrastructure Improvements
o Neighborhood Revitalization
o Neighborhood Resilience
• Economic Development
o Job Training and Business Support
Summary of citizen participation process and consultation process
The City held three (3) Needs Assessment meetings to obtain input from the public regarding housing
and other community needs in the City of Miami Beach. The Administration advertised these meetings
through the City's social media and community newsletters.
The meetings were held at the following locations and times:
• Miami Beach Botanical Garden on Wednesday, February 8, 2023, at 2:00 PM
• North Shore Paris and Youth Center on Wednesday, February 8, 2023, at 6:00 PM
• Police Athletic League Gym on Thursday, February 9, 2023, at 6:00 PM
Another public hearino was held on April 18. 2023. at the Affordable Housing Advisory Committee
Page 368 of 1808
(AHAC) meeting with a 30-day public comment period (April 3, 2023 — May 2, 2023) for community
development needs. No comments were received.
Three (3) public hearings were held to obtain feedback on the draft plan with a 30-day public comment
period (May 22, 2023 — June 21, 2023). All comments received at these hearings will be incorporated
into the final Plan.
• North Shore Park and Youth Center on Tuesday, June 6, 2023, at 6:00 PM
• Miami Beach Botanical Garden on Wednesday, June 7, at 2:00 PM
• Police Athletic League Gym on Thursday, June 8, 2023, at 6:00 PM
Public comments received will be included in the submission of the Action Plan to HUD for final
review and approval.
FY 2023 Request for Applications
On February 23, 2023, the Administration issued a Request for Applications (RFA) for CDBG, HOME,
and HOME -ARP funds approved via Resolution 2023-32497. The submission deadline was March 23,
2023. A pre -submission meeting was held on March 8, 2023, to review the RFA with prospective
applicants, ensure clarification, and proactively address questions relating to the completion and
submission of the application. There were six (6) attendees at the pre -submission meeting.
1 7,!
Total HUD Entitlement $935,181.00
Less administrative allowance (20%) ($187,037.00)
Less Public Services allowance (15%) ($140,278.00)
Net available for project allocation $607,866.00
HOME FY 2023 Funds
Total HUD Entitlement $671,958.00
Less administrative allowance (10%) ($67,195.00)
Community Housing Development Organization Set -Aside (15%) ($100,793.00)
Net available for project allocation $503,970.00
HOME -ARP Unallocated Funds
Supportive Services $165,643.00
Set -aside for Rental Application Fee Program administered by the City ($50,000.00)
Supportive Services Funds Available $115,643.00
Non -Profit Capacity Building Funding Available $112,269.35
Net available for project allocation $227,912.35
CDBG 2023 Funding
A maximum of 15 percent of the City's allocation, or $140,278.00, may fund public service activities. Public
Service activities include meal programs, rent assistance, childcare programs, etc., for income -eligible
participants. Public Service funds in the amount of $30,000 were appropriated for the Elderly Grocery
Program via Resolution 2023-32497. This program is administered by the Office of Housing and Community
Services and has been funded by CDBG since 2015 and leveraged with additional funding provided through
the City's General Funds. The program assisted 105 elderly Miami Beach residents with monthly grocery
delivery services during the 2021/22 program year. The City received five (5) applications for public services
and one (1) annliration for an affordable housina nroiec:t.
Page 369 of 1808
...-- _I,-r, ._-.- -- _ -- -'- Jr -. -
Below is a summary of the CDBG projects:
The program ensures that elderly residents are connected to
UNIDAD of Miami
needed services by providing appropriate information and
Beach - Project
referrals. Services consist of needs assessments,
Link
information/referral to a network of human services providers, and
case management. The application proposes an increase in
service from 180 to 200 beneficiaries and an increase in funding
from $12,000 to $14,000 from the pnor year.
Boys and Girls
The programs offer a safe, structured environment with evidence -
Club of Miami-
based activities for children and youth from kindergarten through
Dade — Project
twelfth grade. The activities include Science, Technology,
Learn and Great
Engineering, and Math (STEM), literacy, homework assistance,
Futures for Teens
music, arts & crafts, physical fitness, intramural sports, family
engagement, enrichment activities, health education, mentoring
and college readiness, employability skills, and college visits for
older teens. The funding request is for $35,000, the same amount
as the prior year.
Ayuda - Here for
The program provides a homemaker and a counselor for the frail
You Program
elderly. This is a new funding request for $43,636.00 to increase
the hours of the homemaker and counselor so that clients are
visited every week (instead of every other week), allowing for a
more thorough cleaning of their apartments and additional
companionship by the counselor. The program serves twenty (20)
elderly residents.
UNIDAD of Miami
Beach —
The program will provide additional recreation and language
Recreation and
services for North Beach Senior Center seniors. This is a new
Language
funding request for $25,000 and proposes to serve 125 seniors.
Services
Friendship Circle
The program provides social interaction and respite to participants
— Sunday Circle
with supervised and supported activities. The purpose is to help
individuals with disabilities gain independence and learn about
friendship in the "real' world. The program is open to any person
with special needs in the Miami Beach community, ages five and
up. This is a new funding request for $50,400 and proposes to
serve 40 clients.
CMB Office of
The program provides monthly grocery deliveries to elderly
Housing and
residents. General Funds are leveraged to ensure 96 elderly
Community
resident households receive pantry essentials and suitable
Services (OCS) -
nutritional support critical for a positive quality of life. $40,000 in
Grocery
Public Services funds were set aside via Resolution 2023-32497,
Assistance
of which $10,000 are unexpended Public Service funds from the
Program
prior year. During the last funding cycle, $40,000 was also set
aside for the program. However, the program received an
additional $24,899.63 from unexpended Public Services funds,
for a total of $64,899.63.
Housing Authority
The application requests $611,933.00 in CDBG funds for exterior
of the City of
concrete repairs at the Lois Apartments at 211 Collins Avenue.
Miami Beach
The property is owned and managed by the Housing Authority.
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Page 370 of 1808
it — LV/J
Apartments
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housing for families (12 one -bedroom units and 4 two -bedroom
units) in the South Beach neighborhood. The total project budget
is estimated at $1 million. The Housing Authority proposes using
funding from its budget for the balance.
There is $110,278 available for FY 2023 Public Services, and the applications for Public Services total
$168,036.00. Nonetheless, the Administration proposes to fully fund repeat applications, which are
established projects and consistently expend funding, and to fund new applications at a portion of the
requested funding.
Currently, the Administration is not recommending funding the application submitted by the HACMB for
the Lois Apartments. This rehabilitation project can easily take longer than a year to complete
considering the time needed for design plans, contractor procurement, permitting, and construction.
Cities that receive CDBG must use their funds in a timely manner. The City's next CDBG timely
performance test will be August 2, 2023. For example, the City must spend $538,749.00 to meet the
1.5 ratio by July 27, 2023, to comply with HUD rules. Therefore, the City must select projects for award
that can be completed quickly to ensure compliance with this requirement.
The Administration is recommending deferral of the $607,866.00 in CDBG funds for future award to a
shovel -ready project addressing Housing Affordability, The Administration will thoroughly analyze
alternative funding sources available to fund the HACMB project and altemabve projects to spend the
CDBG funds quickly.
Below are the recommendations for the CDBG Program:
Proposed
Funding
Requested
Funding
Requested
Funding
Project
Public Services (15% Cap - $140,278)
UNI DAD of Miami Beach - Project Link
$14,000.00
100%
$14,000.00
Boys & Gins Clubs of Miami -Dade
$35,000.00
100%
$35,000.00
AYUDA, Inc
50%
$43,636.00
---$21,638.00
UNI DAD Senior Recreation and Language Programming
$14,440.00
58%
$25,000.00
Friendship Circle
$25,200.00
50%
$50,400.00
OCS Grocery Program
$30,000.00
Affordable Housing $607,866
Affordable Housing Rehabilitation and/or Acquisition
$607,866.00
i
HOME 2023 Funding
One application was received for HOME funds during the RFA process:
Adantic Pacific
rnmml InitiPc —
Atlantic Pacific Communities submitted an application requesting
$608,538.00 in HOME funds for the Vista Breeze project gap funding. This is
a joint project with the Housing Authority of the City of Miami Beach.
Vista Breeze is a new construction affordable housing development
comprised of 119 units in two buildings on Normandy Isles in Miami Beach.
The first building, located at 165-185 S Shore Dr, will consist of 49 studio
apartments in a 4-story building on a vacant parcel of land that abuts
Page 371 of 1808
Vista Breeze Normandy Shores Golf Club. The second building, located at 280-300 S
Shore Dr, will consist of 70 studio apartments in a 4-story building on a vacant
lot on the Normandy Waterway. The project budget is currently
$54,295,118.00. They have secured $47,736,580.00 in funding and are
awaiting award recommendations for Miami -Dade County Surtax loan for $
5,950,000.00. The City has also allocated $500,000 in FY 22 funds to
reconstruct the seawall.
The HOME Program rules require each entitlement community to reserve a minimum of 15% of its
annual allocation for activities undertaken by qualified Community Housing Development Organizations
(CHDO). A CHDO is a private nonprofit, community -based service organization that has identified the
development of affordable housing as its primary mission and can develop affordable housing. In
addition, a CHDO must meet certain requirements pertaining to its legal status, organizational structure,
capacity, and experience.
Below are the recommendations for the HOME Proaram:
Prnr%^cnrl
Funding Beneficiaries
_
Affordable Housing
Atlantic Pacific Communities -Vista Breeze $503,970.00
119
C HDO Set -Aside (15% - $100,793)
Community Housing Development Organization Set -Aside $100,793.00
HOME -ARP Funding
No applications were received for HOME -ARP funding for this RFA.
At its May 24, 2023 meeting, the Finance and Economic Resiliency Committee (FERC)
recommended the City Commission allocate $50,000 of HOME -ARP funds to the rental application
fee reimbursement pilot program that can reimburse application fee costs incurred by Miami Beach
households at or below 80% AMI. A separate item seeking approval to allocate funds for the pilot
program will be considered by the Mayor and City Commission.
SUPPORTING SURVEY DATA
The Mayor and City Commission identified the need for workforce and affordable housing as a key
objective in the City's 2019 Strategic Plan Through the Lens of Resilience. The Citys 2040
Comprehensive Plan prioritizes affordable housing, with the express goal "to encourage
redevelopment that provides workforce and affordable housing" within the City."
FINANCIAL INFORMATION
Expenditures are tied to federal CDBG and HOME funds and will not impact the general fund.
Amount(s)/Acount(s):
HOME: $671,958
CDBG: $935,181
L616laqK111•�
The Administration recommends that the Mayor and City Commission approve the attached resolution
adopting the Five -Year Consolidated Plan for FY 2023 — 2027 and One -Year Action Plan for FY
2023, in substantial form, to allow the City to draw down entitlement funds to assist income -eligible
Page 372 of 1808
persons with services and housing, and ensure the timely and compliant expenditure of HUD funds
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item pursuant to Bond Funds?
City Code Section 2-14?
No No
atrategrc L onnectron
Mobility - Support affordable, compatible wiorkforce housing.
Legislative Tracking
Housing and Community Services
ATTACHMENTS:
Description
o Resolution
Draft 2023 - 2027 Consolidated Plan
Page 373 of 1808
MIAMIBEACH
Contract No. Title
N/A CDBG FY 2023 Agreement for Housing Opportunities Project For Excellence, INC. (H.O.P.E,
INC.)
Contractor Requesting Department
Housing Opportunities Project For Excellence, INC. (H.O.P.E., Office of Housing & Community Services
INC.)
Alba
Rickelle Williams
e> •
Type 1—Contract, amendment, change order, or task order resulting from aprocurement- issued competitive solicitation.
Type 2 — Other contract, amendment, change order, or task order not resulting from a procurement -issued competitive solicitation.
Type 3 — Independent Contractor Agreement (ICA)
Type 6 — Tenant Agreement
Type 4 —Grant agreements with the City as the recipient
Type 7 — Inter -governmental agency agreement
X
Type 5 — Grant agreements with the City as the grantor
Type 8 — Other:
Housing Opportunities Project For Excellence, Inc. (H.O.P.E., INC.) FY 2023 CDBG Agreement in the amount of $20,000 to
provide technical assistance to the City, as an entitlement jurisdiction, in meeting its requirement to Affirmatively Further Fair
Housing by overcoming the effects of conditions that limit fair housing choice citywide through education, outreach and
counseling.
10/01/2023 — 9/30/2024) 1 0 1 1 year (10/01/2023 —
Grant Funded: X I Yes No !St!ate X Federal Other:
Cost & Funding Sou==7
Annual Cost Account Require Enhancement
1 $20,000 139-0530-000312-00-404-534-00-00-00-19310 Yes X No
2
Yes
No
3
Yes
No
4
Yes
No
5
Yes
No
1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed.
3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of
the annual adopted operating budget.
City Commission Approved:
X
Yes
No
Resolution No.7-CC Agenda Item No.:
CC Meeting Date:
2023-32637
If no, explain why CC approval is not required:
egal Form Approved: I X I Yes I I No If no, explain below why form approval is not necessary:
Procurement:
Compliance.
N/A
Grants:
N/A
Budget:
N/A
Information Technology:
N/A
Risk Management:
N/A
Fleet & Facilities:
N/A
Human Resources:
N/A
Other:
N/A