49. Amended and Restated HOME Program Development AgreementA M E N D E D A N D R E S T A T E D H O M E P R O G RA M D E V E L O P M E N T A G R E E M E N T
B E T W E E N
T H E C IT Y O F M IA M I B E A C H
A N D
V IS T A B R E E Z E , L T D .
T H IS A M E N D E D A N D R E S T A T E D H O M E P R O G RA M D E V E L O P M E N T A G R E E M E N T
(the "Agreement") entered into this 15th day of December, 2023, between the CITY OF MIAMI
BEACH, FLORIDA, a Florida municipal corporation, having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, (hereinafter referred to as the "City"); and VISTA BREEZE,
LTD., a Florida limited partnership having its principal office located at 161 NW 6" Street, Suite
1020, Mi am i , Florida 33136 (hereinafter referred to as "VBL") for use of HOME Investment
Partnerships Program (HOME) funds.
WITNESSETH
WHEREAS, on February 18, 1992, the City was designated by the United States
Department of Housing and Urban Development (HUD) as a Participating Jurisdiction ("P J") for
the receipt of funds as provided under the HOME Investment Partnerships Program and pursuant
to the HOME Program Final Rule, 24 CFR PART 92, as same may be amended from time to time
(the "Program"); and
WHEREAS, the City has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development (HUD) grant programs for Community Development Block Grant (CDBG) funds and
HOME Investment Partnerships Program (HOME) funds, 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, the Five-Year Consolidated Plan and the One-Year Action Plan are federal
requirements for all HUD entitlement jurisdictions, including the CDBG and HOME Programs; and
WHEREAS, on January 20, 2022, the City Commission adopted Resolution No. 2022-
31980, approving the issuance of Request for Proposals (RFP) for the FY 2022 CDBG and
HOME funding allocation; and
WHEREAS, on January 24, 2022, the City issued a Request for Proposals (RFP) for
CDBG, HOME and HOME-ARP program funds; and
WHEREAS, on June 22, 2022, the City Commission adopted Resolution No. 2022-32188,
approving the One-Year Action Plan for Federal Funds for the FY 2022, including a total of FIVE
HUNDRED THOUSAND DOLLARS ($500,000) (the Original Funds") for the Housing Authority
of the City of Miami Beach ("HACMB") to replace the seawall in connection with the development
of one hundred and nineteen ( 119) affordable elderly rental housing units on the property located
at 175 S. Shore Drive (including Folio Numbers 02-3203-007-1360; 02-3203-007-1370; and 02-
3203-007-1380), and 280 S. Shore Drive, Miami Beach, FL 33141 (including Folio Numbers 02-
3203-007-1160; and 02-3203-007-1170) (the "Property"), to be known as Vista Breeze (the
"Project"); and
CMB HOME revised 02/2021
W H E R E A S , HACMB has selected VBL as its development partner for the development
and construction of the Project; and
WHEREAS, on August 6, 2021, HACMB, as landlord, and VBL, a related entity of the
Atlantic Pacific Companies, as tenant, executed an Amended and Restated Ground Lease
Agreement, as amended by First Amendment to Amended and Restated Ground Lease
Agreement, dated June 1 2023, Second Amendment to Amended and Restated Ground Lease
Agreement dated September 13, 2023, Third Amendment to Amended and Restated Ground
Lease Agreement dated October 27, 2023, as amended and restated by that certain Second
Amended and Restated Ground Lease Agreement dated on or about the date hereof
(collectively, the "Ground Lease); said Ground Lease granting VBL the right to develop the
Project on the Property, with the improvements being owned by VBL during the term of the
Ground Lease; and
WHEREAS, on June 28, 2023, the Mayor and City Commission adopted Resolution No.
2023-32638, amending Resolution No. 2022-32188, replacing the Housing Authority of the City
of Miami Beach with VBL, as the recipient of the Original Funds for the Project; and
WHEREAS, additionally, on June 28, 2023, the Mayor and City Commission adopted
Resolution No. 2023-32637, approving an additional FIVE HUNDRED THREE THOUSAND NINE
HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($503,969.00) ("Future Advance Funds") of
HOME funds to Leasehold Owner for the Project, for a total HOME fund allocation of ONE
MILLION THREE THOUSAND NINE HUNDRED SIXTY-NINE AND 00/100 DOLLARS
($1,003,969.00) ( collectively, the "Funds"); and
WHEREAS, with respect to the Original Funds, VBL and the City made and/or entered
into a HOME Program Development Agreement dated as of September 21, 2023 (the "Original
HOME Agreement"), which Original HOME Agreement memorializes the terms and conditions of
said Original Funds, and which Original Funds are committed to be utilized by Leasehold Owner
in the construction of the Project, and specifically the construction of the new seawall during the
initial phase of the Project, and VBL and the City hereby desire to amend, restate, replace and
supersede the Original HOME Agreement pursuant to the terms of this Agreement, which will
include the addition of the Future Advance Funds to the Project which will be used for hard costs
of construction; and
WHEREAS, with respect to the Original Funds, HACMB, VBL and the City have made
and/or entered into that certain Declaration of Restrictive Covenants dated as of September 21,
2023 ("Original Declaration"), and recorded on September 27, 2023, in Official Records Book
33902, at Page 1195, of the Public Records of Miami-Dade County, Florida, and
contemporaneously herewith, as amended and restated by that certain Amended and Restated
Declaration of Restrictive Covenants dated the date hereof to incorporate the reference to the
Future Advance Funds, and to be recorded in the Public Records of Miami-Dade County, Florida
contemporaneously herewith, as may be further amended from time to time (collectively, the
"Declaration"), which subjects the Property to certain recapture provisions, covenants, and
restrictions ("Covenant") for a period of thirty (30) years from the Project Completion Date, as
defined herein (the Affordability Period"); and
WHEREAS, with respect to the Original Funds, VBL and the City have also made and/or
entered into a Leasehold Mortgage, Security Agreement and Fixture Filing dated as of September
21, 2023 ("Original Mortgage") and recorded September 27, 2023 in Official Records Book 33902,
Page 1175 of the Public Records of Miami-Dade County, Florida, from VBL, in favor of the City,
encumbering VBL's leasehold interest in the Property, as amended and restated by that certain
CMB HOME revised 02/2021
Amended and Restated Leasehold Mortgage, Security Agreement and Fixture Filing dated of
even date herewith from VBL, in favor of the City, and to be recorded in the Public Records of
Miami-Dade County contemporaneously herewith (the "Amended and Restated Mortgage" and
together with the Original Mortgage, collectively, the "Mortgage"), to include the Future Advance
Funds, securing all of the Funds; and a Promissory Note dated as of September 21, 2023
("Original Note"), evidencing the Original Funds, which Original Note is amended, restated,
renewed and consolidated pursuant to an Amended, Restated, Renewal and Consolidated
Promissory Note dated of even date herewith, evidencing the Future Advance Funds (the
"Consolidated Note", and together with the Or iginal Note", collectively, the "Note") in the
aggregate principal amount of One Million Three Thousand Nine Hundred and Sixty-Nine and
00/100 Dollars ($1,003,969.00); (the Declaration, Mortgage, Note and this Agreement shall be
referred to herein, collectively, as the "Loan Documents"); and
WHEREAS, in addition to the Funds, VBL is securing the following additional financing for
the Project (i) indebtedness secured by the lien of a senior leasehold mortgage in the amount of
$32,500,000.00 in favor of the Housing Finance Authority of Miami-Dade County, Florida (the
HFA"), as assigned to The Bank of New York Mellon Trust Company, N.A., as fiscal agent (the
"Fiscal Agent" and together with the HFA, "Bond Lender"); (ii) indebtedness secured by the lien
of a senior leasehold mortgage in the amount of $4,300,000.00 in favor of Florida Housing
Finance Corporation, a public corporation and a public body corporate and politic created and
existing under the laws of the State of Florida ("Fl orida Housing") as the Viability lender ("Viability
Lender"); (iii) indebtedness secured by the lien of a senior leasehold mortgage in the amount of
$3,000,000.00 in favor of Florida Housing as the SAIL lend er ("SAIL Lend er"); (iv) indebtedness
secured by the lien of a senior leasehold mortgage in the amount of $600,000.00 in favor of Florida
Housing as the ELI lend er ("ELI Len der"); (v) indebtedness secured by the lien of a senior
leasehold mortgage in the amount of $1,301,500.00 in favor of Florida Housing as the NHTF
lender ("NHT F Len der"); and (vi) indebtedness secured by the lien of a senior mortgage in the
amount of $5,950,000.00 in a favor of Miami-Dade County, Florida as the Surtax lend er ("Surtax
Lender" and together with Bond Lender, Viability Lender, SAIL Lender, ELI Lender and NHTF
Lender, collectively, "Senior Lender", such financings, collectively, the "Permitted Senior
Financing" and such leasehold mortgages, collectively, the "Permitted Senior Mortgages"); and
WHEREAS, timely completion of the Project, within four (4) years from the date of
execution of this Agreement, in accordance to 24 CFR 92.205(e)(2), and provision of affordable
elderly housing requires that VBL first construct a new seawall at the Property so as to be
prepared to commence "vertical" construction promptly after closing of the Permitted Senior
Financing; and
WHEREAS, based upon the anticipated Project timeline, the Original Funds shall be
advanced pursuant to draw requests made in accordance with progress completion benchmarks
for hard construction costs associated with the construction of the new seawall for the Project and
the Future Advance Funds shall be advanced pursuant to draw requests made for hard
construction costs in accordance with progress completion benchmarks associated with
construction of the Project; and
WHEREAS, VBL has also prepared a comprehensive Sources and Uses, attached hereto
as part of Composite Exhibit C, with any change being subject to approval by the City prior to
closing on the Permitted Senior Financing; and
WHEREAS, one of the purposes of this Agreement is to memorialize VBL's role in
developing and constructing the Project, and the City's role in monitoring VBL and its use of
HOME Funds for the Project, in an effort to ensure the City's compliance with all grant agreement
CMB HOME revised 02/2021
requirem e nts.
NO W , T H E R E F O R E , the C ity and V B L agree as fo llow s:
Section 1.
Section 2.
a.
b.
Agreement Documents: Agreement documents shall consist of this Agreement
and seven (7) Exhibits, all of which are incorporated by reference into this
Agreement:
• Exhibit A - Scope of Services
• Exhibit B - Documentation
• Exhibit C - Sources and Uses
• Exhibit D - Financial Management
• Exhibit E - Monthly Reporting Forms
• Exhibit F - Monitoring Checklist
Project Description:
Scope of Work: VBL agrees to implement the Project in accordance with this
Agreement, summarized as follows:
The Original Funds will be used for hard construction costs associated with the
construction of the new seawall along the waterfront portion of the Project,
preparatory to constructing the remainder of the Project; and the Future Advance
Funds shall be used for hard construction costs; said use of the Funds including,
but not limited to: reviewing repair design specifications and construction
management; processing payment disbursement requests and ensuring Project
compliance with all Program rules and regulations. For this purpose, VBL will
secure a general contractor for each activity stated above, as needed. The General
Contractor, Atlantic Pacific Community Builders, LLC, is hereby approved by the
City. Any change in the General Contractor shall require the prior written approval
of the City Manager.
Site Location; Total Units; and Bedroom Sizes. 119 studio units (114 of the units
having approximately 405 square feet and five 5 units having approximately 473
square feet), including the construction of a new seawall, located at 280 S. Shore
Drive, Miami Beach, FL 33141 and 175 S. Shore Drive, Miami Beach, Florida
33141.
C. Eligible HOME Activities and Costs. Developer shall utilize the Original Funds for
the following eligible activities: for hard construction costs associated with the
construction of a new seawall along the waterfront portion of the Property,
preparatory to constructing the remainder of the Project; and the Future Advance
Funds shall be used for hard construction costs; said use of the Funds including,
but not limited to: reviewing repair design specifications and construction
management; processing payment disbursement requests and ensuring Project
compliance with all Program rules and regulations. For this purpose, VBL will
secure a general contractor for each activity stated above, as needed. The General
Contractor, Atlantic Pacific Community Builders, LLC, is hereby approved by the
City. Any change in the General Contractor shall require the prior written approval
of the City Manager. Eligible costs include hard and soft costs as permitted by the
HOME Program.
4 I CMB HOME revised 02/2021
d. Designated HO ME Units; HO M E Subsidy. Six (6) new units shall be designated
as HO ME-Assisted Units ("HO M E-Assisted Units"). All units shall be designated
as "floating" HO ME-Assisted Units. The am ount of subsidy fo r the new units shall
not exceed a total of $1,003,969.00, which does not exceed the allow able
maximum per-unit subsidy limit based on the Section - 231 rental housing for the
elderly, elevator-type, basic mortgage limits for Miami, FL multiplied by the 2023
high cost percentage of 270%. The maximum per unit subsidy based on these
limits is listed in the table below .
Unit Size HO M E Subsi dy per unit Maximum HOME
Subsidy per unit 2023
231 subsidy limits for
rental housing for the
elderlv elevator-tvoe
Studio $167,328_17 $179,795.70
Section 3. Agreement Amount: The City agrees to make available HOME Investment
Partnerships (HOME) funds, in the amount of ONE MILLION THREE THOUSAND
NINE HUNDRED SIXTY-NINE AND 00/100 DOLLARS ($1,003,969.00) for use by
VBL on a reimbursable basis during the term of the Agreement to be spent as
agreed on Exhibit C - Sources and Uses, following the rules for Financial
Management for HOME funded activities as stated in Exhibit D and pursuant to
§92.504(c)(2) (hereinafter, the aforestated amount including, without limitation,
any additional amounts included thereto, as a result of a subsequent amendment
to the Agreement, may be referred to, collectively, as the "Funds").
Section 4. Alterations: Any proposed alterations in the Project including, without limitation,
the Sources and Uses in Exhibit C, shall first be submitted, reviewed, and
approved in writing by the City Manager.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR
§ 92.504 (c)(3)(vi) VBL agrees to submit Project Progress, and Financial Status as
indicated in Exhibit A - describing the progress made by VBL in achieving the
objectives identified in Exhibit A - Scope of Services. and shall include
photographs of recent progress, as applicable. As part of the Final Report", VBL
also agrees to include, a comprehensive final report covering the agreed-upon
Project objectives, activities, expenditures, and including, but not limited to,
performance date and client feedback with respect to the goals and objectives
outlined in Exhibit A. Other reporting requirements may be required by the Office
of Housing and Community Development ("HCD") in the event legislative
amendments are enacted or as the City Manager may reasonably deem
necessary. VBL shall be informed, in writing, if any changes become necessary.
Drawdowns for the payment of eligible expenses shall be made against the line-
item expenditures specified in Exhibit C- Sources and Uses and in accordance
with performance.
Section 6. Monitoring: In compliance with § 92.504, HCD, at its discretion, shall schedule
no less than one (1) annual on-site monitoring visit with VBL to evaluate the
progress and performance of the Project and provide technical assistance using
the monitoring checklist attached as Exhibit F. In monitoring the work of VBL, HCD
shall keep the Assistant City Manager and/or City Manager informed, as
necessary, of any issues that may arise in connection with the Project and/or
5 I CMB HOME revised 02/2021
co m p lia n ce w ith th e te rm s of the A g re e m e n t. V B L is re q u ire d to su b m it th e
fo llo w in g do cu m e n ts a s re q u e ste d :
o Annual report on rents and occupancy of HOME-assisted units to verify
compliance with affordability requirements
o If the project has floating HOME units, information on unit substitution and filling
vacancies to ensure that the project maintains the required unit mix
o Reports (including financial reports) that enable the City to determine the financial
condition and continued financial viability of the rental project.
Section 7. Additional Conditions and Compensation - It is expressly understood and
agreed by the parties hereto that the Funds to be used by VBL in accordance with
this Agreement originate from HOME funds from the U.S. Department of Housing
and Urban Development (HUD) and must be implemented in full compliance with
all of HUD's current rules and regulations as same may be amended from time to
time. In the event of curtailment or non-production of said Federal funds, the
financial sources necessary to continue to pay VBL 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, VBL 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 VBL under the terms of this
Agreement.
Section 8. Compliance with Local, State and Federal Regulations: VBL 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 Part 92, as same may be amended from time to time.
Additionally, VBL will comply with all State and local (City and County) laws and
ordinances hereto applicable. It shall be VBL'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. 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 Manager's sole discretion and judgement. VBL shall not
encumber (other than pursuant to the Permitted Senior Mortgages, to which the
City's Mortgage is subordinate as and to the extent set forth in the Subordination
Agreements (as defined in the Mortgage)), refinance, sell, lease (other than by
residential leases in the ordinary course of business), transfer or otherwise dispose
of any portion of the Property. VBL shall not permit any change in the Controlling
Interest in VBL or its general partner as it exists on the date of execution of this
Agreement, a copy of which has been provided to the City simultaneously
herewith, without the prior written consent of the City Manager. A "Controlling
Interest" shall mean any direct or indirect transfers or sales, that, when added to
any prior changes in the ownership interests in such entity, exceed fifty-one
percent (51 % ) of the total aggregate ownership interests in VBL or its general
partner, as applicable. Changes to limited partnership interests or non-managing
limited liability company interests, as applicable, shall not require prior approval;
6 I CMS HOME revised 02/2021
however, VBL shall provide the City with prior written notice of any such change in
a majority of the limited partnership interests or non-managing limited liability
company interests, as applicable. VBL shall not, without the prior written consent
of the City Manager, designate a new general partner or Manager. Notwithstanding
the foregoing, the Property, a Controlling Interest, or any interest in either may be
transferred to HACMB or any of the following entities (and no others) provided that
such entities are at all times 100% wholly-owned by HACMB (or, in the case of
HACMB - VB (as defined herein), wholly-owned by an entity that is wholly-owned
by HACMB): Vista Breeze HACMB, Inc., a Florida nonprofit corporation ("VBHI");
Miami Beach Housing Initiatives, Inc., a Florida nonprofit corporation ("MBHI); or
HACMB - Vista Breeze, LLC, a Florida limited liability company ("HACMB - VB")
(each such entity 100% wholly-owned by HACMB (or, in the case of HACMB- VB,
wholly-owned by MBHI), an "HACM B Affiliate" and, together, the "HACMB
Affiliates"), without the prior written consent of the City; provided that as a condition
to such transfer, VBL shall assign to HACMB or the applicable HACMB Affiliate,
and HACMB or the applicable HACMB Affiliate shall assume, all obligations of VBL
under this Agreement and the Loan Documents and HACMB or the applicable
HACMB Affiliate shall become the counterparty hereto and thereto as fully and
completely as if HACMB or the applicable HACMB Affiliate had been the original
counterparty as of the respective dates of execution of this Agreement and the
other Loan Documents. Such assignment and assumption shall be made pursuant
to a written agreement in form and substance reasonably acceptable to the City
and a copy of such executed agreement shall be promptly delivered by VBL to the
City. In connection with any sale, transfer or other conveyance of the Property or
any direct or indirect ownership interests in VBL to any person or entity other than
(i) by foreclosure or deed in lieu of foreclosure by a Senior Lender under a
Permitted Senior Mortgage or the exercise by a Senior Lender of any pledge or
collateral assignment to such Senior Lender of partnership interests or other
collateral or (ii) a sale, transfer or conveyance to HACMB or an HACMB Affiliate,
the City shall receive its Profit Recapture contemporaneously with such sale,
transfer or conveyance. In the event of a sale, transfer or conveyance of less than
all of the direct or indirect ownership interests in VBL (other than any such transfer
to HACMB or an HACMB Affiliate), the City's Profit Recapture shall be calculated
in accordance with the formula set forth in the Declaration and further multiplied by
the percentage of direct or indirect ownership interests being sold, transferred or
conveyed. Notwithstanding anything to the contrary set forth herein or in any of
the Loan Documents, any sale, transfer or conveyance of the Property or a
Controlling Interest in VBL or its general partner, in each case, to any person other
than HACMB or an HACMB Affiliate, shall be subject to the City's prior written
consent, which may be granted or withheld in the City's sole and absolute
discretion. For the avoidance of doubt, notwithstanding anything to the contrary
set forth in this Agreement or any of the other Loan Documents, if at any time any
of VBHI, MBHI and/or HACMB - VB ceases to be 100% wholly-owned by HACMB
(or, in the case of HACM B - VB, wholly-owned by MBHI), then all such entities
shall cease to be "HACMB Affiliates" for all purposes of this Agreement and the
other Loan Documents.
Section 10. Term: This Agreement shall commence on the date of the last signature executing
the Agreement, with an effective date of September 21, 2023, and shall terminate
as of the end of the Affordability Period as defined on Exhibit A. The term of this
Agreement and the provisions herein may be extended, only with the written
agreement of both parties and as permitted by the Program rules and regulations.
7 I CMB HOME revised 02/2021
S e c tio n 11 . R e m e d ie s fo r no n c o m p lia n c e : Contracts for more than the simplified acquisition
threshold currently set at $150,000, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address
administrative, contractual, or legal remedies in instances where contractors
violate or breach contract terms, and provide for such sanctions and penalties as
appropriate. As a result, VBL shall incorporate in every contract executed as a
result of this Agreement the following remediation options, as more particularly set
forth in 2 CFR Part 200:
"If Contractor fails to comply with Federal statutes, regulations or the terms and
conditions of the Federal award, City may take one or more of the following actions,
as appropriate under the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency by the
contractors/subcontractors.
b. Disallow {that is, deny both use of funds and any applicable matching credit for) all
or part of the cost of the activity or action not in compliance.
c. Wholly or partly suspend or terminate the Federal award.
d. If contractor/subcontractor is noncompliant, City can request VBL to recommend
HUD to initiate suspension or debarment pro ceedings as authorized under 2 CFR
part 180 and Federal awarding agency regulations.
e. W ithhold further Federal awards for the Project.
f. Take other remedies that may be legally available".
Section 12. Default; Termination of Agreement; Remedies:
12.1 Default; Termination for Cause: Remedies
a. This Agreement may be terminated for cause. "Cause" shall include the following
material defaults:
1.
2.
3.
4.
5.
6.
VBL's failure to pay in full any payment due to the City under this
Agreement within fifteen (15) days from receipt by VBL of a written request
from the City;
VBL's failure to comply and/or perform in accordance with any of the terms
and conditions of this Agreement;
VBL's failure to comply with the rules and regulations of the Pro gram
including, without limitation, the failure to complete the Project within the
time period allowed under the Program;
VBL's failure to comply with any applicable federal, State, County, or City
law or regulation;
VBL's failure to provide evidence of insurance required by the City within
fifteen ( 15) days from receipt by VBL of a written request from the City;
VBL's failure to submit any required report to the City, or submittal of a
report which is late, incorrect, or incomplete in any material respect, after
6l CMB HOME revised 02/2021
b.
no tice a n d o p p o rt u n ity to cu re w ith in th irt y (3 0 ) da y s o f no tice o f sa m e fr o m
the C ity to V B L ;
7. Im p le m e n ta tio n of th is A g re e m e n t, fo r a n y re a so n , is re n d e re d im p o ssib le
o r in fe a sib le , w ith o u t th e a p p lica tio n of a cu re pe rio d a s se t fo rt h in
su b se ctio n (b );
8 . VB L's fai lu re to re sp o n d , in w ritin g , w ith in th irt y (3 0 ) d a ys o f no tic e o f sa m e
fr o m th e C ity, to an y co n ce rn s ra ise d b y th e C ity, in cl u d in g p ro vid in g
su b sta n tia tin g do cu m e n tatio n w h e n re q u e ste d by th e C ity , w ith o u t th e
ap p lica tio n o f a n y a d d itio n a l cu re pe rio d a s se t fo rt h in su b se c tio n (b );
9 . fr a u d , m isa p p ro p ria tio n of fun d s o r crim in a l a ctiv ity by V B L o r a n y aff ilia te
of V B L pro vid in g se rv ice s to o r in co n n e ctio n w ith V B L o r th e P ro je ct,
w itho u t th e a p p lica tio n of a cu re pe rio d a s se t fo rt h in su b se ctio n (b );
10 . w a ste , a b u se , o r m ism a n a g e m e n t (th a t ha s o r m ig h t re a so n a b ly be
exp e cte d to ha ve a m a te ria l ad ve rse im p a ct o n th e o p e ra tio n o f th e
P roje ct), a s de te rm in e d by th e C ity's m o n ito rin g un d e r th is A g re e m e n t, o r
an y vio la tio n of a p p lica b le H U D ru le s a n d re g u la tio n s;
11 . V B L 's in so lve n cy o r ba n kru p tcy, w ith o u t th e a p p lica tio n o f a cu re pe rio d a s
se t fo rt h in su b se ctio n (b );
12 . A n y assig n m e n t o r tra n sfe r of th is A g re e m e n t ( o r a n y po rt io n he re o f) o r
C o n tro llin g In te re st in V B L w h ich do e s no t co m p ly w ith th e pro c e d u re s se t
fo rt h in S e ctio n 9 , w itho ut the a p p lica tio n o f a cu re pe rio d a s se t fo rt h in
su b se ctio n (b ); o r
13 . A ny un a u tho rize d assig n m e n t or tra n sfe r o f th is A g re e m e n t (o r a n y po rt io n
th e re o f); o r un a u th o rize d e n cu m b ra n ce , re fi n a n c e , le a se , sa le , co n ve ya n c e
o r tra n sfe r o f th e P ro je ct by V B L , w h ich d o e s no t co m p ly w ith th e
pro ce d u re s se t fo rt h in S e ctio n 9 , w ith o u t th e a p p lica tio n o f a cu re pe rio d
as se t fo rt h in su b se ctio n (b ).
D e fa u lt an d R e m e d ie s. E xce p t a s to de fa u lts fo r w h ich a sp e c ifi c cu re pe rio d is
oth e rw ise pro vid e d o r excl u d e d in the pre vio u s su b se ctio n (a ), a n d su b je ct to th e
H U D ru le s a n d re g u la tio n s, w h ich m a y re q u ire sh o rt e r cu re pe rio d s, if th e d e fa u lt
co m p la in e d o f is no t fully a n d sa tisfacto rily cu re d w ith in th irt y (3 0 ) da ys o f V B L 's
re ce ip t of no tice of de fau lt to V B L , at th e exp ira tio n o f sa id th irt y (3 0 ) d a y pe rio d
( o r fo r a n exte n d e d pe rio d no t to exce e d o n e hu n d re d tw e n ty ( 12 0 ) d a ys a s m a y
be a p p ro ve d in w ritin g by the C ity, th ro u g h th e C ity M a n a g e r, in th e C ity M a n a g e r's
so le d iscretio n , if th e C ity M a n a g e r de te rm in e s th a t su ch d e fa u lt sta te d in su c h
no tice ca n be co rre cte d by V B L , bu t no t w ith in su ch th irt y (3 0 ) d a y p e rio d , a n d
fu rt he r pro vid e d th a t V B L co m m e n ce s su ch co rre ctio n w ith in su ch in itia l th irt y (3 0 )
da y pe rio d a n d th e re a ft e r dilig e n tly pu rsu e s th e sa m e to co m p le tio n w ith in su c h
a p p ro ve d exte n d e d pe rio d no t to exce e d o n e hu n d re d tw e n ty ( 12 0 ) d a y s) th is
A g re e m e nt m a y, a t th e C ity M a n a g e r's so le o p tio n a n d d isc re tio n , b e d e e m e d
a u to m a tica lly ca n ce le d a n d te rm in a te d , a n d th e C ity sh a ll be fu lly d is c h a rg e d fro m
a n y a n d all lia b ilitie s an d du tie s a n d te rm s arisin g o u t o f, o r a c cru in g b y virt u e o f,
the A g re e m e n t. In th e eve n t of a de fau lt fo r ca u se , th e C ity m a y a lso , a t its o p tio n ,
re q u ire re p a ym e n t of th e to ta l a m o u nt of th e Fu n d s , to g e th e r w ith in te re st a t th e
CMB HOME revised 02/2021
D e fau lt Inte rest R ate , as m o re pa rt icu la rly de fin e d in the N o te ; avail itse lf of an y
a n d a ll r e m e d ie s p u r s u a n t to th e H O M E P ro g ra m (a t 2 C F R P a rt 20 0 ), in clu d in g
s u s p e n s io n a n d /o r r e -c a p t u r e o f th e F u n d s , o r a n y p o rt io n th e r e o f to g e t h e r w it h
in t e r e s t a t th e D e f a u lt In t e r e s t R a t e ; a n d /o r p u rsue an y othe r re m e d ie s that m a y
b e a v a ila b le a t la w o r e q u it y . N o tw it h s t a n d ing the fo re g o in g , C ity ackno w le d g e s
an d ag ree s tha t S e n io r Le nd e rs ha ve the rig h t, but no t the o b lig a tio n , to cure
de fau lts, as exp re ssly se t fo rt h in the S u b o rd in a tio n A gree m e n ts.
c. Eff ects of susp e n sio n an d te rm ina tio n . C o sts of V B L re su ltin g fr o m ob lig a tio n s
incu rred by V B L du rin g a su sp e nsio n or afte r te rm ina tio n of an aw a rd are no t
allo w a b le un le ss th e C ity expressly au tho rize s the m in the no tice of su spe nsio n or
te rm in a tio n o r su b se q ue ntly . O the r V B L co sts du rin g su spe nsio n or aft e r
te rm in a tio n w h ich are ne ce ssa ry an d no t rea so na b ly avo id a b le are allo w ab le if:
1. T he co sts re su lt fro m ob lig a tio ns w h ich w e re pro p e rly in cu rred by V B L
be fo re the effective da te of su sp e n sio n or te rm in a tio n , are no t in
an ticip a tio n of it, a n d , in the ca se of a te rm in a tio n , are no n ca nce lla b le ; an d
2 . T he co sts w o u ld be allo w a b le if the aw a rd w e re no t suspe nd e d or expired
no rm a lly at the en d of the fun d ing pe rio d in w h ich the te rm in a tio n ta ke s
e ff e c t.
d . T h e e n fo r c e m e n t re m e d ie s id e ntifie d in this se ctio n , in clud in g su sp e nsio n and
te r m in a t io n , d o n o t p r e cl u d e V B L fr o m be ing su bje ct to de b a rm e n t pu rsua n t to 2
C F R P a rt 20 0 .
12.2 Termination for Convenience: Except as provided in Section 12.1, awards may be
terminated in whole or in part only as follows:
a. by the City with the consent of VBL, as agreed by the parties; or
b. by VBL upon written notification to the City, setting forth the reasons for such
termination, the effective date, and in the case of partial termination, the portion to
be terminated. However, if, in the case of a partial termination, the City determines
that the remaining portion of the award will not accomplish the purposes for which
the award was made, the City may terminate the award in its entirety under Section
12.1(a)7) or 12.2.a.
In the event of a termination for convenience under this Section 12.2, after the expiration
of any applicable cure periods given to VBL in this Agreement and to Senior Lenders as
expressly set forth in the Subordination Agreements, the City shall cease any payments
to VBL for costs resulting from obligations, which were not properly incurred before the
effective date of termination. Additionally, VBL shall submit a final report, as provided in
Section 5 of the Agreement, detailing all Project 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 the termination. The City, at the sole discretion
of the City Manager, shall determine the amount (if any) of HOME Funds to be returned
to the City as a result of any incomplete Project items and/or items not satisfactorily
performed, and shall provide VBL with written notice of any monies due. Said monies
shall be due immediately and payable upon receipt of such notice by VBL. The City
reserves any and all legal rights and remedies it may have with regard to the collection of
any unpaid monies owed to the City.
12.3 Termination for Lack of 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
the City Manager, in the City Manager's reasonable judgment and discretion, determines
10 I CMB HOME revised 02/2021
that said Funds are no longer available . In the event of such term ination, V B L agrees that
it w ill not look to, nor seek to hold, the C ity, or any of its officials, offi cers, em ployees,
contractors, or agents, personally liable fo r perform ance of this A greem ent, and the C ity
shall be released fr om any and all liability to V BL under the term s of this A greem ent.
Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2
CFR 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, VBL 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, VBL 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 employment (including independent
contractors), 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, gender identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle,
domestic partner status, labor organization membership, familial situation, or
political affiliation.
Section 14. Religious Organization or Owned Property: HOME 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 § 92.257 VBL 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 HOME
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, HOME funds may not exceed the cost of those portions of the
11 I CMS HOME revised 02/2021
a cq u isitio n , co n structio n , o r re h a b ilita tio n th a t a re a tt rib u ta b le to e lig ib le
a ctivitie s in acco rd a n ce w ith th e co st acco u n tin g re q u ire m e n ts a p p lic a b le to
H O M E fu n d s in th is pa rt . S a n ctu a rie s, ch a p e ls, o r oth e r ro o m s th a t a H O M E -
fu n d e d re lig io u s co n g re g a tio n use s as its prin cip a l p la c e o f w o rsh ip , ho w e v e r,
a re in e lig ib le fo r H O M E -fu n d e d im p ro ve m e n ts.
Section 15. Conformity to HUD regulations: VBL agrees to abide by guidelines set forth by
HUD for the administration and implementation of the HOME Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 92.505, and
applicable federal laws and regulations in 24 CFR 92.350, et seq. In this regard,
VBL agrees that duly authorized representatives of HUD shall have access to any
books, documents, papers and records of VBL that are directly pertinent to this
Agreement for the purpose of making audits, examinations, excerpts and
transcriptions. VBL shall comply with all applicable provisions of the Uniform
Administrative Requirements of 2 CFR Part 200 or the related HOME provision, as
applicable, recognizing, however, that pursuant to 2 CFR 200.101 (b ), a number of
provisions of the Uniform Administrative Requirements are not applicable to loans
of federal funds such as this loan of HOME Funds.
Section 16. Sponsorships: VBL 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 VBL for, on
behalf of, and/or about the Project, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH
HOME INVESTMENT PARTNERSHIP PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH HOME INVESTMENT PARTNERSHIP PROGRAM
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 VBL
Section 17 . Examination of Records: VBL shall maintain sufficient records in accordance
with §92.508 to determine compliance with the requirements of this Agreement,
the HOME Program, and all applicable laws and regulations. This documentation
shall include, but not be limited to, the following:
(i) A full description of each project assisted with HOME funds, including the
location (address of each unit), form of HOME assistance, and the units or tenants
assisted with HOME funds.
(ii) The source and application of funds for each project, including supporting
documentation in accordance with 2 CFR 200.302; and records to document the
eligibility and permissibility of the project costs, including the documentation of the
actual HOME-eligible development costs of each HOME-assisted unit (through
allocation of costs, if permissible under§ 92.205(d)) where HOME funds are used
to assist less than all of the units in a multi-unit project.
(iii) Records demonstrating that each rental housing or homeownership project
meets the minimum per-unit subsidy amount of§ 92.205(c), the maximum per-unit
12 I CMB HOME revised 02/2021
su b sid y a m o u n t o f § 92 .2 5 0 (a ), a n d th e su b sid y la y e rin g a n d u n d e rw ritin g
eva lu a tio n a d o p te d in a cco rd a n ce w ith § 92 .2 5 0 (b ).
(iv) Records (e.g., inspection reports) demonstrating that each project meets the
property standards of § 92.251 at project completion and for the duration of the
Affordability Period. In addition, during the period of affordability, records for rental
projects demonstrating compliance with the property standards and financial
reviews and actions pursuant to§ 92.504(d).
(v) Records demonstrating that each family is income eligible in accordance with
§ 92.203.
(vi) Records demonstrating that each tenant-based rental assistance project
meets the written tenant selection policies and criteria of§ 92.209(c), including any
targeting requirements, the rent reasonableness requirements of§ 92.209(f), the
maximum subsidy provisions of § 92.209(h), property inspection reports, and
calculation of the HOME subsidy.
(vii) Records demonstrating that each rental housing project meets the affordability
and income targeting requirements of§ 92.252 for the required period. Records
must be kept for each family assisted.
(viii) Records demonstrating that each multifamily rental housing project involving
rehabilitation with refinancing complies with the refinancing guidelines established
in accordance with§ 92.206(b).
(ix) Records (written agreements) demonstrating compliance with the written
agreements requirements in § 92.504.
VBL 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-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 18. Audits and Inspections:
a. At any time during normal business hours, and as often as the City (and/or its
representatives) may deem necessary, VBL 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 VBL
expends $750,000 or more during the non-Federal entity's fiscal year in Federal
awards, VBL 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 VBL'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.
CMB HOME revised 02/2021
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.
3.
4.
5.
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, activities of VBL, 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.
Upon ten (10 ) days written notice to VBL, VBL 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 VBL, its officers, agents and
employees, lobbyists, City staff and elected officials to ensure compliance
with the contract documents and to detect fraud and corruption.
The Inspector General shall have the right to inspect and copy all
documents and records in VBL'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.
VBL 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,
14 I CMB HOME revised 02/2021
u n til th r e e (3 ) y e a r s a ft e r fi n a l p a y m e n t u n d e r th is A g re e m e n t o r fo r a n y
lo n g e r p e r io d re q u ir e d b y s ta tu te o r b y o th e r c la u s e s o f th is A g re e m e n t. In
a d d itio n :
i. If th is A g re e m e n t is c o m p le te ly o r p a rt ia lly te rm in a te d , V B L s h a ll
m a k e a v a ila b le re c o rd s re la tin g to th e w o rk te rm in a te d u n til th re e
(3 ) y e a rs a ft e r a n y re s u ltin g fi n a l te rm in a tio n s e tt le m e n t; a n d
ii. V B L s h a ll m a k e a v a ila b le re c o rd s re la tin g to a p p e a ls o r to litig a tio n
o r th e s e tt le m e n t o f cl a im s a ris in g u n d e r o r re la tin g to th is
A g r e e m e n t u n til s u c h a p p e a ls , litig a tio n , o r cl a im s a re fi n a lly
re s o lv e d .
6 . T h e p r o vi si on s in thi s s e c ti on s h al l ap p l y to VB L , its of fi c er s, a g en t s,
e m p lo y e e s , s u b c o n tra c to rs a n d s u p p lie rs . V B L s h a ll in c o rp o ra te th e
p ro v is io n s in th is s e c tio n in a ll s u b c o n tra c ts a n d a ll o th e r a g re e m e n ts
e x e c u te d b y V B L in c o n n e c tio n w ith th e p e rf o rm a n c e o f th is A g re e m e n t.
7 . N o th in g in th is s e c tio n s h a ll im p a ir a n y in d e p e n d e n t rig h t to th e C ity to
c o n d u c t a u d its o r in v e s tig a tiv e a c tiv itie s . T h e p ro v is io n s o f th is s e c tio n a re
n e ith e r in te n d e d n o r s h a ll th e y b e c o n s tru e d to im p o s e a n y lia b ility o n th e
C ity b y V B L o r th ird p a rt ie s .
Section 19. Conflict of Interest: VBL covenants that no person under their employ who is
described in 24 CFR 92.356(c) presently exercises any functions or responsibilities
in connection with HOME Investment Partnerships (HOME) funded activities has
any personal financial interests, direct or indirect, in this Agreement. VBL
covenants that in the performance of this Agreement, no person having such
conflicting interest shall be employed. VBL covenants that they will comply with
all provisions of §92.356 "Conflict of Interest", and the Federal, State, County and
City of Miami Beach statutes, regulations, ordinances or resolutions governing
conflicts of interest. VBL 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 20. Indemnification/Insurance Requirements: VBL shall indemnify, defend and hold
harmless the City, its officers, employees and agents, from and against any and
all actions (whether at law or in equity), claims, liability, losses and expenses,
including, but not limited to, attorneys' fees and costs, for personal, economic or
bodily injury, wrongful death, loss of or damage to property, which may arise of be
alleged to have arisen from the (1) negligent acts, errors, omissions or other
wrongful conduct of VBL, 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 VBL, in connection with, related to,
or as a result of VBL's performance of this Agreement, and/or in connection with
the Project. VBL 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,
including appeals. VBL expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by VBL shall in no
way limit VBL's responsibility to indemnify, keep and save harmless and defend
15 I CMB HOME revised 02/2021
the City, or its officers, employees, agents and instrumentalities as herein
provided. This Indemnification shall survive the termination and/or expiration of
this Agreement.
VBL 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.
VBL 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. Workers' Compensation Insurance for all employees of the Contractor as required
by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no
less than $1,000,000 per accident for bodily injury or disease. Should the
Contractor be exempt from this Statute, the Contractor and each employee shall
hold the City harmless from any injury incurred during performance of the Contract.
The exempt contractor shall also submit (i) a written statement detailing the
number of employees and that they are not required to carry Workers'
Compensation insurance and do not anticipate hiring any additional employees
during the term of this contract or (ii) a copy of a Certificate of Exemption.
b. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, property damage, bodily injury and personal
& advertising injury with limits no less than $1,000,000 per occurrence, and
$2,000,000 general aggregate.
c. Automobile Liability Insurance covering any automobile, if VBL has no owned
automobiles, then coverage for hired and non-owned automobiles, with limit no
less than $1,000,000 combined per accident for bodily injury and property damage.
d. Contractors' Pollution Legal Liability (if project involves environmental hazards),
with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy
aggregate.
e. Builders Risk Insurance utilizing an "All Risk" coverage form, with limits equal to
the completed value of the project and no coinsurance penalty. (City of Miami
Beach shall be named as a Loss Payee on this policy, as its interest may appear.
This policy shall remain in force until acceptance of the project by the City.)
f. Payment and Performance Bond - VBL shall require its General Contractor to
provide unconditional performance and payment bonds covering the total value of
the Project.
Additional Insured - City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies ( except Professional Liability
and Workers' Compensation) arising out of work or operations performed on behalf
of VBL including materials, parts, or equipment furnished in connection with such
16 I CMB HOME revised 02/2021
w o rk o r op e ra tio n s a n d a u to m o b ile s ow n e d , le a se d , hire d o r bo rro w e d in th e fo rm
of a n e n d o rse m e n t to V B L 's in su ra n ce .
N o tice of C a n cel la tion - E a ch in su ra n ce po licy re q u ire d a b o v e sh a ll p ro vid e th a t
co ve ra g e sh a ll no t be ca n ce lle d , exce p t w ith no tice to th e C ity o f M ia m i B e a c h c/o
E X IG IS In su ra n ce C o m p lia n ce S e rvice s.
W a ive r of S ub r o g at ion - VBL agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However,
this provision applies regardless of whether the City has received a waiver of
subrogation endorsement from the insurer.
Acceptability of Insurers - Insurance must be placed with insurers with a current
AM. Best rating of A:VII or higher. If not rated, exceptions may be made for
members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may
also be considered if they are licensed and authorized to do insurance business in
the State of Florida.
Verification of Coverage - Contractor shall furnish the City with original certificates
and amendatory endorsements, or copies of the applicable insurance language,
effecting coverage required by this contract. All certificates and endorsements are
to be received and approved by the City before work commences. However,
failure to obtain the required documents prior to the work beginning shall not waive
the Contractor's obligation to provide them. The City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements, required by these specifications, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
Murrieta, CA 92564
Kindly submit all certificates of insurance, endorsements, exemption letters to our
servicing agent, EXIGIS, at:
Certificates-miamibeach@riskworks.com
Special Risks or Circumstances - The City of Miami Beach reserves the right to
modify these requirements, including limits, based on the nature of the risk, prior
experience, insurer, coverage, or other special circumstances.
Compliance with the foregoing requirements shall not relieve the VBL of his liability
and obligation under this section or under any other section of this Agreement.
The maintenance of proper insurance coverage is a material element of the
Agreement and failure to maintain or renew coverage may be treated as a material
breach of the Agreement, which could result in withholding of payments or
termination of the Agreement.
Section 21. 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
17 I CMB HOME revised 02/2021
principles of conflict of laws. The exclusive venue for any litigation arising out of
this Agreement shall be Miami-Dade County, Florida, if in state court, and the US.
District Court, Southern District of Florida, if in federal Court. BY ENTERING INTO
THIS AG REEMENT, THE CITY AND VBL EXPRESSLY W AIVE ANY RIG HTS
EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATIO N
RELATED TO , ARISING OUT OF, THIS AG REEM ENT.
Section 22. Notices: All notices required under this Agreement shall be sent to the parties at
the following address:
City:
VBL:
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
With a copy to:
Rafael A. Paz, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Miguel! Del Campillo, Executive Director
Housing Authority of the City of Miami Beach
200 Alton Road
Miami Beach, FL 33139
With a copy to:
Fox Rothschild LLP
BNY Mellon Center
500 Grant Street, Suite 2500
Pittsburgh, PA 15219
Attention: Michael H. Syme
and
Kenneth Naylor
Vista Breeze, Ltd.
161 NW 6" Street, Suite 1020
Miami, FL 33136
In the event that VBL changes the responsible person during the term of the
Agreement, such change must be notified in writing to the City within 15 days of
such change.
Section 23. 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
18l CMB HOME revised 02/2021
for any such breach never exceeds the sum of $5,0 00 .0 0 . V B L he reby expresse s
its w illingness to enter into this A greem e nt w ith V B L's recovery from the C ity fo r
any da m age action fo r breach of contract to be lim ited to a m axim um am o unt of
$5,0 00 .0 0.
A ccordingly, V B L hereby ag rees that the C ity shall not be lia b le to V B L fo r
da m ages in an am o unt in excess of $5,000.0 0, for any action or cla im fo r brea ch
of contract arising out of the pe rf orm a nce or nonpe rf orm a nce of any obligatio ns
im posed upon the C ity by this A greem e nt. N othing contained in this sub pa rag rap h
or elsew here in this A greem e nt is in any w ay intende d to be a w aiver of the
lim itatio n placed upon C ity's lia bility as set fo rt h in Flo rida S tatutes, S e ctio n 76 8 .2 8 .
Section 24. Florida Public Records Law:
a. VBL 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),
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 of the Florida Statutes, if VBL meets the definition
of "Contractor" as defined in Section 119.0701(1)(a), VBL shall:
1. Keep and maintain public records required by the City to perform the
service;
2.
3.
4.
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 a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or as otherwise provided by law;
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 VBL does not transfer the records to the
City;
Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of VBL or keep and maintain public records required
by the City to perform the service. If VBL transfers all public records to the
City upon completion of the Agreement, VBL shall destroy any duplicate
public records that are exempt or confidential and exempt from public
records disclosure requirements. If VBL keeps and maintains public
records upon completion of the Agreement, VBL 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.
19 I CMB HOME revised 02/2021
d . R e q u e s t fo r R e c o rd s ; N o n c o m p lia n c e
1 . A re q u e s t to in s p e c t o r c o p y p u b lic re c o rd s re la tin g to th e C ity 's c o n tra c t
fo r s e rv ic e s m u s t b e m a d e d ir e c tly to th e C ity . If th e C ity d o e s n o t p o s s e s s
th e re q u e s te d re c o r d s , th e C ity s h a ll im m e d ia te ly n o ti fy V B L o f th e re q u e s t,
a n d V B L m u s t p ro v id e th e re c o rd s to th e C ity o r a ll o w th e re c o rd s to b e
in s p e c te d o r c o p ie d w it h in a re a s o n a b le tim e .
2 . V B L 's fa ilu r e to c o m p ly w ith th e C ity 's re q u e s t fo r re c o r d s s h a ll c o n s titu te a
b r e a c h o f th is A g r e e m e n t , a n d th e C ity , a t its s o le d is c re tio n , m a y : (i)
u n ila t e r a ll y te r m in a te th e A g r e e m e n t ; (ii) a v a il its e lf o f th e re m e d ie s s e t fo rt h
u n d e r th e A g r e e m e n t ; a n d /o r (iii) a v a il its e lf o f a n y a v a ila b le re m e d ie s a t
la w o r in e q u ity .
3 . If V B L fa ils to p ro v id e th e p u b lic re c o r d s to th e C ity w ith in a re a s o n a b le
tim e , V B L m a y b e s u b je c t to p e n a ltie s u n d e r s . 1 1 9 .1 0 .
e . C iv il A c tio n
1 . If a c iv il a c tio n is fi le d a g a in s t V B L to c o m p e l p ro d u c tio n o f p u b lic re c o rd s
re la tin g to th e C ity 's c o n tra c t fo r s e rv ic e s , th e c o u rt s h a ll a s s e s s a n d a w a rd
a g a in s t V B L th e re a s o n a b le c o s ts o f e n fo r c e m e n t, in c lu d in g re a s o n a b le
a tt o rn e y s ' fe e s , if :
i. T h e c o u rt d e te r m in e s th a t V B L u n la wf u ll y re fu s e d to c o m p ly w ith
th e p u b lic re c o r d s re q u e s t w ith in a re a s o n a b le tim e ; a n d
ii. A t le a s t 8 b u s in e s s d a y s b e fo re fi lin g th e a c tio n , th e p la in tiff
p r o v id e d w r itt e n n o tic e o f th e p u b lic re c o rd s re q u e s t, in c lu d in g a
s ta te m e n t th a t V B L h a s n o t c o m p lie d w ith th e re q u e s t, to th e C ity
a n d to V B L.
2 . A n o tic e c o m p lie s w ith s u b p a r a g r a p h (1 )(ii) if it is s e n t to th e C ity 's
c u s t o d ia n o f p u b lic re c o r d s a n d to V B L a t V B L 's a d d r e s s lis te d o n its
c o n t r a c t w ith th e C ity o r to V B L 's re g is te r e d a g e n t. S u c h n o tic e s m u s t b e
s e n t b y c o m m o n c a r rie r d e liv e ry s e rv ic e o r b y re g is te r e d , G lo b a l E x p re s s
G u a r a n te e d , o r c e rt ifi e d m a il, w ith p o s ta g e o r s h ip p in g p a id b y th e s e n d e r
a n d w it h e v id e n c e o f d e liv e ry , w h ic h m a y b e in a n e le c tro n ic fo rm a t.
3 . If V B L c o m p lie s w ith a p u b lic re c o rd s re q u e s t w ith in 8 b u s in e s s d a y s a ft e r
th e n o t ic e is s e n t , V B L is n o t lia b le fo r th e re a s o n a b le c o s ts o f e n fo rc e m e n t.
f. IF VBL HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO VBL'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
2ol CMB HOME revised 02/2021
17 00 C O N V E N T IO N C E N T E R D R IV E
M IA M I B E A C H , FL O R ID A 33 13 9
E-M A IL : R A FA E L G R A N A D O @ M IA M IB E A C H F L.G O V
PH O N E : 305-67 3-7411
Section 27. E-Verify.
a. VBL 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, VBL 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, VBL 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 VBL enters into a contract
with an approved subcontractor, the subcontractor must provide VBL with an
affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. VBL 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.
b. Termination Rights.
1. If the City has a good faith belief that VBL has knowingly violated Section
448.09(1 ), Florida Statutes, the City shall terminate this Agreement with
VBL for cause, and City shall thereafter have or owe no further obligation
or liability to VBL.
2. If the City has a good faith belief that a subcontractor has knowingly
violated Section a., but VBL otherwise complied with such section, the City
will promptly notify VBL and order VBL to immediately terminate the
Agreement with the subcontractor. VBL's failure to terminate a
subcontractor shall be an event of default under this Agreement, entitling
the City to terminate VBL's Agreement for cause.
3. A contract terminated under the foregoing Subparagraphs (1) or (2) is not
in breach of contract and may not be considered as such.
4. The City or VBL or a subcontractor may file an action with the Circuit or
County Court to challenge a termination under the foregoing
Subparagraphs (1) or (2) no later than 20 calendar days after the date on
which the contract was terminated.
5. If the City terminates the Agreement with VBL under the foregoing
Subparagraph (1 ), VBL may not be awarded a public contract for at least 1
year after the date of termination of this Agreement.
6. VBL is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 27.
Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
Section 29. The city manager, as the chief executive officer of the City (the "City Manager"), or
such person {the City Manager's designee) as may from time to time be authorized
21 I CMB HOME revised 02/2021
in w r it in g b y s u c h a d m in is tra tiv e o ff ic ia l to a c t fo r h im /h e r w ith re s p e c t to a n y o r a ll
m a tt e r s p e rt a in in g to th is A g r e e m e n t s h a ll b e re s p o n s ib le fo r a d m in is te rin g th is
A g r e e m e n t. T h e C ity M a n a g e r 's d e s ig n e e s h a ll b e th e O ff ic e o f H o u s in g a n d
C o m m u n it y S e rv ic e s D ir e c to r . N o tw ith s ta n d in g a n y p r o v is io n to th e c o n tra ry in th is
A g r e e m e n t o r th e o th e r L o a n D o c u m e n ts , n o th in g h e r e in o r in th e o th e r L o a n
D o c u m e n ts s h a ll p r e c lu d e th e C ity M a n a g e r , in h is o r h e r re a s o n a b le d is c re tio n ,
fr o m s e e k in g d ir e c tio n fro m o r e le c tin g to h a v e th e C ity C o m m is s io n d e te rm in e a n y
m a tt e r a r is in g o u t o f o r re la te d to th is A g r e e m e n t o r th e o th e r L o a n D o c u m e n ts ,
in c lu d in g , w it h o u t lim ita tio n , a n y a p p ro v a l c o n te m p la te d u n d e r th is A g re e m e n t o r
th e o th e r L o a n D o c u m e n ts a n d /o r a n y a p p r o v a l o f a n y p ro p o s e d a m e n d m e n t o r
m o d ifi c a t io n to th is A g r e e m e n t o r a n y s e p a r a te a g r e e m e n t re la tin g to th e P ro je c t
o r o th e rw is e re f e r e n c e d in th is A g r e e m e n t o r a n y o th e r L o a n D o c u m e n t.
Balance of Page Intentionally Left Blank
22 I CMB HOME revised 02/2021
IN W ITNES S W HEREO F, this Agreement is executed as of the day and year first written
above.
VISTA BREEZE, LTD,
a Florida limited partnership
By: APC Vista Breeze, LLC
a Fl · · · · · company,
· rtner
ATTEST: • • Signature
Kenneth Naylor, Vice-President
Print Name Print Name and Title
Date
CITY OF M IA M I BEACH, FLORIDA
a Florida municipal corporation
ATTEST:
Signature 4 Signature
Ly .[Cs»jfila.
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Print Name Print Name
DEE. ±A 2023
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION =[-- 2-13-202%3
Pb Ci ty At torn ey Dale t
[Signature Page - City HOME Program Agreement)
23
CMB HOME revised 02/2021
EX HIB IT "A "
"SC O PE O F SER V IC ES"
S tatem ent of W ork:
V BL agrees o prov e e oIOWIng:
VBL Name: V ista Breeze, Lt d.
Federal Award M 22-M C 120212 Identification:
UEI Number: MEP1 NDZ2ZKD7
Federal Award: FY 2022 and FY 2023 HOM E Funds
Federal Awarding U .S . D epart m ent of Housing and U rban Developm ent (H U D ) Agency:
Pass-through Entity: City of M iam i B each O ffi ce of H ousing and C om m unity S erv ices
H ousing fo r E xtrem ely-Low , V ery -Low , and Low - Incom e E lderly
National Objective: H ouseholds, w hich do not exceed 80%% A M I and w hich average
less than 60%
D evelopm ent and construction of an affordable elderly housing
developm ent to be know n as V ista B reeze, havi ng 119 studi o
Project: units (114 of the units having appro xim ately 405 square feet and
five 5 units having appro xim ately 473 square feet), including the
construction of a new seaw all located at 280 S. S hore D rive,
M iam i B each, FL 33141
Project Locations: 175 S. S hore Drive and 280 S. Shore D rive, M iam i Beach, Florida
3314 1
Total number of
dwelling units that will
be occupied by A ll H O M E -A ssisted U nits w ill be occupied by E xtrem ely-Low and
Extremely-Low, Very- V ery -Low Elderly Incom e households
low, and low-income
household
Progress Reports: D ue w ithin ten (10) days fo llow ing the end of
Reports Due: each quart er:
• A nnual R eport s shall be submitted pursuant to 24 CFR
$92.504(0)3)vi)
$1,003,969.00 ($500,000.00 for hard construction Project costs
Funding amount associated w ith the replacem ent of seawall and $503,969.00 for
other hard construction Project costs)
Environmental review, Release
M arch 2023 - July 2023 of funds and Subsidy Layering
R eview process
S eptem ber 2023 Hom e contract execution
Project Timeline/ S eptem ber 2023 - Decem b e r R eplacem ent of seaw all and
2023 installation of infrastructure Deliverables C onstruction of Vista Breeze D ecem ber 2023 com m ences
M ay 2026 C onstruction of V ista B reeze
com pleted
M ay 2026 - Novem b e r 2026 O ccupancy pro cess
Benchmarks: Im prove propert y standards, to ensure the tenants are living in
decent safe and sanitary conditions
id th foll
24 I CMB HOME revised 02/2021
C ity R e q u ire m e n t: The Project must be in compliance with the City of Miami Beach
Building Department construction thresholds and resiliency
requirements.
Requirements/Definitions:
1. Compliance with Federal and State Laws and Regulations Developer shall comply with
all applicable Federal and State laws and regulations in the performance of this
Agreement.
2. HOME Income Limits
a) During the Affordability Period, all of the new units must be rented by households whose
annual income is at or below 60 percent of the area median income ("AMI") for Miami-Dade
County as determined annually by HUD.
The 2023 income limits are listed below. Developer is responsible for using the most current
income limits.
F L H U D M e t r o F R A r e a
30% LIM IT S 217 00
VERY LOW INCOME 36 150
60% LIM IT S 43380
LOW INCOM E 57800
24800
413 00
49 560
66050
27900
46450
55740
74300
30950
516 00
6 19 20
82550
33450
55750
66900
89200
35950
59900
718 80
95800
38400
64000
76800
10 2400
40900
68 150
81780
10 9000
b) Verifying Tenant Income. Developer is responsible for determining tenant household
income and shall use the Part 5 ("Section 8") method found at 24 CFR §5.609. Developer
shall be responsible for re-examination of tenant income on an annual basis, either on the
anniversary date of the original income evaluation certification or at lease renewal. The
HUD Exchange web site provides an income eligibility calculator that can be used to
determine income eligibility for the HOME program.
The link below contains a guide for using this income eligibility
cal cu later. https ://www.hudexchange.info/resources/ documents/CPD IncomeE ligi bi! i tyCa lculat
or_User%20Manual_ Version2.0.pdf
3. Affordable Rents Criteria
To ensure the housing is affordable to Extremely-Low, Very-Low- and Low-Income elderly
persons, all HOME-assisted rental units (6 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, or rents which are 30% of adjusted income for households at 50% of
area median income minus tenant paid utilities, except as provided at 24 CFR 92.252(b) for
families receiving project-based rental assistance. VBL shall ensure that all of the units in
the Project continue to be used to provide housing for Extremely-Low, Very-Low- and Low-
Income elderly persons at affordable rents.
4. Adjusting Rents
Developer may adjust rents in accordance with annual HUD rent limits and updated utility
allowances. In the event HUD-published rent limits decrease or if utility costs increase so
that rent is effectively lower than the initial rent limit, Developer shall not be required to set
rents lower than the initial rent in effect at the time of execution of this Agreement. Developer
shall not increase rents above the HUD rent limits then in effect without the express, written
approval of HACMB. Rent adjustments are subject to the tenant's lease provisions.
CMB HOME revised 02/2021
5. Utility A llow ances and Fees If the tenant pays for utilities or other mandatory fees,
Developer must deduct these costs from the published Rent Limits applicable to each
project. The cost of utilities is based upon the THDA utility allowance unless stated
otherwise.
6. Budget Amendments
The goal should be to limit the use of amendments to the Sources and Uses. Amendments
to the Sources and Uses require prior written approval by the City Manager.
To request an amendment to the Sources and Uses, 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.
7. Contractor File Review
The following documentation must be included in VBL's file for those contractors providing
services under this Agreement.
• Evidence of Credentials/Licenses
• Evidence of Experience
• Evidence of Procurement
• Evidence of appropriate insurance
8. Evaluation
In its continuing effort to ensure contract compliance and performance, HCD will evaluate
VBL 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 VBL Instructions
• Fulfillment of prescribed outcomes
9. Monitoring & Performance Reviews
City reserves the right to inspect, monitor and/or audit VBL to ensure contractual
compliance. Monitoring visits will commence within 120 days of the Agreement's execution
date. City will notify VBL a minimum of three (3) business days prior to a monitoring visit.
10. Compliance with Local Rules, Regulations, Ordinances and Laws
VBL 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, VBL must not owe any monies to the City at the time of Agreement
execution or final release of HOME funds.
The City will verify with the Finance Department to ensure that no monies are due the City
prior to Agreement execution
11. Affordability Period
The Affordability Period shall run for a period of thirty (30) years from the Project
Completion Date, as defined herein (the "Affordability Period"). The "Project Completion
Date" shall mean the date of issuance by the City of Miami Beach Building Department of
26] CMB HOME revised 02/2021
a Fin a l C e rt ificate of O ccup a ncy fo r the P roje ct.
12. Restrictive Covenant
VBL shall be responsible for executing a Declaration 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, but
will terminate upon foreclosure or deed in lieu of foreclosure.
13. Reporting Requirements (until commencement of Affordability Period)
Progress Report - VBL 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 HOME Funds have been expended, VBL is still required to
complete and submit the Progress Report, explaining any issues and/or challenges related
to the Project.
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, upon occupancy including 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. 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 VBL's authorized
signatory
14. Reporting Requirements (during Affordability Period)
a. Rent Roll Submissions
VBL using City funds for the creation or rehabilitation of affordable housing must
submit tenant rent rolls within thirty (30) days of lease-up and every year thereafter
for a minimum of thirty (30) 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 1st.
CMB HOME revised 02/2021
b. Financial Report for the Property, including the following:
• G ro ss receivable rent for the Property as of a specific date;
• Actual rent collections for the Property;
• Tenant accounts receivable for the Property;
• Accounts payable for the Property;
• Number of and reasons for vacancies for the Property; and
• U nits off-line.
c. P ro pert y M aintenance & Condition Report, including the following:
• Li st of findings fro m the Pro pert y's last physical inspection by D eveloper or
m anagem ent agent or other govern m ental entities (if any) regarding the
P ro pert y, including any outstanding code violations identified by such
inspection, and a status update.
• A cert ification that each building and all H O M E -assisted units in the P roject
are suitable fo r occupancy, taking into account S tate and local health, safety,
and other applicable codes, ordinances, and requirements, and the ongoing
propert y standards established by M D HA to m eet requirem ents of 24 CF R
§92.251 during the P ro ject's A ffordability Period.
d. O ther Report s. M D HA retains the right to request additional information and the
right to change reporting requirements regarding HOME-Assisted Units as
reasonably necessary .
15. 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 Manager's sole
discretion and judgem ent. Professional services funded through this Agreement must
adhere to pro curem ent guidelines as appropriate and have executed written Agreements
betw een V B L and the respective V endor. C ontracts m ust, at a m inim um , specify the cost,
tim eline and scope of serv ice. A copy of all pro fessional serv ice contracts must be submitted
to the City prior to reim bursem ent request.
16. Subsidy Layering Review
A subsidy layering review and underw riting analysis of all developm ent pro jects receiving
HO M E funds is necessary to ensure that the investm ent of funds is no m ore than necessary
to the project. Subsidy layering and underw riting requirem ents fo r rental and hom ebuyer
developm ent projects can be fo und in 24 C F R §92.250.
17. Applicable Federal Regulations
V B L shall com ply w ith all applicable H O M E requirem ents including, w ithout lim itation, the
fo llow ing as detailed in A ppendix II of the 2 C FR 200, as m ay be am ended fr om tim e to tim e:
I. Non-Discrimination and Equal Access
N o person in the U nited S tates shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrim ination under any pro gram funded in w hole
or in part by H O M E funds. V BL m ust take m easures to ensure non-discrim inatory treatm ent,
outreach and access to pro gram resources. T his applies to em ploym ent and contracting, as w ell
as to m arketing and selection of pro gram part icipants.
a) Fair Housing and Equal Opportunity
V BL m ust com ply w ith all the fo llow ing Federal law s, executive orders and regulations pert aining
to fair housing and equal opport unity. T hey are sum m arized below :
28 I CMB HOME revised 02/2021
• T itle V I of the C ivil R ig h ts A ct 9f 19 6 4,_A s A m e n d e d (4 2 U S C 20 0 0 d et se q .): S tate s tha t
no pe rso n m a y be exclu d e d fr o m pa rt icipa tio n in , de n ie d the be ne fits of, or su bje cted to
discrim ina tio n un de r an y pro g ra m or activity re ce ivin g Fe de ra l fin a ncia l assista n ce on the
ba sis of race , co lo r or na tio n a l orig in . T he reg u la tio n s im p le m e ntin g the T itle V I C ivil
R ig h ts A ct pro visio n s fo r H U D pro g ra m s m a y be fo u n d in 24 C F R P a rt 1.
• T he Fa ir H o usin g A ct ( 42 U S C 36 0 1-3 6 2 0 ): P ro h ib its discrim ina tio n in the sa le or re ntal of
ho u sin g , the fin a n ci n g of ho using or the pro visio n of bro ke rag e se rvices ag a in st any
pe rso n on the ba sis of ra ce , co lo r, re lig io n , sex, na tio n a l orig in , ha nd ica p o r fam ilia l status.
Fa ir H o u sin g A ct im p le m e ntin g re g u la tio ns m a y be fo u n d in 24 C F R P ar t 10 0 -115.
• E q u a l O p p o rt u nity in H o u sin g (E xe cutive O rde r 11 0 6 3 , as am e nd e d by E xe cutive O rde r
12 2 5 9 ): P ro h ib its discrim in a tio n ag a inst ind ivid u a ls on the ba sis of ra ce , co lo r, re lig io n ,
se x o r natio na l orig in in the sa le , re ntal, le a sin g o r othe r disp o sitio n of resid e n tia l pro pe rt y,
or in the use or occu p a n cy of ho usin g assisted w ith Fe d e ra l fun ds. E q u a l O p p o rt un ity in
H o u sin g reg u la tio ns m a y be fo u n d in 24 C F R P a rt 10 7 .
• A ge D iscrim in a tio n A ct of 19 7 5 , A s A m e n de d (4 2 U S C 6 10 1): P ro h ib its ag e discrim in atio n
in pro g ra m s re ce iving Fe d e ra l fina n cia l assista n ce . A ge D iscrim ina tio n A ct re g u la tio ns
m a y be fo u n d in 24 C F R P a rt 14 6 .
• S e ctio n 10 9 of T itle I of the H o u sing an d C o m m u n ity D e ve lo p m e nt A ct of 19 7 4 : R e q u ires
tha t no pe rso n sh a ll be excl u d e d fr o m pa rt icip a tio n in , de n ie d the be n e fits of, or be
s u b je cted to discrim in a tio n un de r any pro g ram or activity fun d e d w ith H O M E fun d s on the
b a s is o f r a c e , co lo r, re lig io n , na tio na l orig in or sex.
b) Affirmative Marketing
VBL must adopt affirmative marketing procedures and requirements for all HOME-assisted
housing with five or more units. Requirements and procedures must include:
• Methods for informing the public, owners and potential tenants about fair housing laws
and VBL's policies (for example: use of the Fair Housing logo or equal opportunity
language);
• A description of what owners and/or VBL will do to affirmatively market housing assisted
with HOME funds;
• A description of what owners and/or VBL will do to inform persons not likely to apply for
housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market HOME-assisted
units and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken
where requirements are not met.
c) Handicapped Accessibility
The HOME regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
• Americans with Disabilities Act (42 USC 12131;47 USC 155, 201, 218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act,
2o] CMB HOME revised 02/2021
also referred to as the A D A, also states that discrim ination incl udes the failure to design
and construct facilities (built fo r first occupancy after January 26, 19 93) that are accessible
to and usable by persons w ith disabilities. T he A D A also requires the rem oval of
architectural and com m unication barriers that are structural in nature in existing facilities.
R em oval m ust be readily achievable, easily accom plishable and able to be carried out
w ithout m uch difficulty or expense.
• Section 504: Section 504 of the R ehabilitation Act of 19 73 pro hibits discrim ination in
federally assisted pro gram s on the basis of handicap. S ection 504 im poses requirem ents
to e n s u r e th a t "q u a lifi e d in d iv iduals w ith handicaps" have access to pro gram s and
a c tiv it ie s th a t re c e iv e F e d e r a l f u n d s . U n d e r Section 504, recipients and V B L are not
required to take actions that create unique financial and adm inistrative burdens or after
the fundam ental nature of the program . For any Pro vider principally involved in housing
or social servi ces, all of the activities of the agency -- not only those directly receiving
Federal assistance -- are covered under Section 504. Contractors or vendors are subject
to Section 504 requirements only in the work they do on behalf of VBL or the City. The
ultimate beneficiary of the Federal assistance is not subject to Section 504 requirements.
• The Architectural Barriers Act of 1968 ( 42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically
handicapped people.
II. Employment and Contracting
VBL must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procurement
procedures.
a) Equal Opportunity
VBL must comply with the following regulations that ensure equal opportunity for employment and
contracting:
• Equal Employment Opportunity, Executive Order 11246, as amended: Prohibits
discrimination against any employee or applicant for employment because of race, color,
religion, sex or national origin. Provisions to effectuate this prohibition must be included
in all construction contracts exceeding $10,000. Implementing regulations may be found
at 41 CFR Part 60.
b) Labor Requirements
VBL must comply with certain regulations on wage and labor standards.
i) Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the
greatest extent feasible, opportunities for training and employment arising from HOME
funds will be provided to low-income persons residing in the program service area. Also,
to the greatest extent feasible, contracts for work (all types) to be performed in connection
with HOME will be awarded to business concerns that are located in or owned by persons
residing in the program service area.
ii) Davis-Bacon and Related Acts ( 40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and
30 I CMB HOME revised 02/2021
fr in g e be ne fits eq u a l to tho se tha t pre va il in the lo ca lity w he re the w o rk is pe rf orm e d . T his
a c t a ls o p ro v id e s fo r th e w it h h o ld in g o f f u n d s to ensu re co m p lia n ce , an d exclu d e s fr o m
th e w a g e r e q u ir e m e n t s a p p r e n t ic e s e n ro ll e d in b o n a fi d e a p p r e n t ic e s h ip p ro g r a m s. H O M E
P r o je c t s w it h tw e lv e (1 2 ) o r m o r e H O M E -A s s is te d U n it s r e q u ir e c o m p lia n c e w it h D a vis
B a c o n . V B L w ill b e c o n s tr u ct i n g 1 0 H O M E -A s s is t e d U n it s , th e r e fo r e th e p r o v is io n s o f
D a v is B a c o n w ill n o t a p p ly .
iii) M in o r it y/W o m e n 's B u s in e s s E n t e r p r is e : U n d e r E x e c u t iv e O r d e r s 1 1 6 2 5 , 1 2 4 3 2 a n d
1 2 1 3 8 , th e C it y a n d V B L m u s t p r e s c r ib e p ro c e d u r e s a c c e p t a b le to H U D fo r a m in o rity
o u t r e a c h p r o g r a m to e n s u r e th e in c lu s io n , to th e m a x im u m e x t e n t p o s s ib le , o f m in o r it ie s
a n d w o m e n , a n d e n t it ie s o w n e d b y m in o r it ie s a n d w o m e n , in a ll c o n t r a c ts (s e e 2 C F R P a rt
2 0 0 (e )).
iv ) C o n t r a c t W o r k H o u r s a n d S a fe t y S t a n d a r d s A c t. a s a m e n d e d (4 0 U S C 32 7 -3 3 3 ): P ro vid e s
th a t m e c h a n ic s a n d la b o r e r s e m p lo y e d o n F e d e r a ll y -a s s is t e d c o n structio n jo b s are pa id
tim e a n d o n e -h a lf fo r w o r k in e x c e s s o f 4 0 h o u r s p e r w e e k , a n d p r o v id e s fo r the pa ym e nt
o f liq u id a t e d d a m a g e s w h e r e v io la t io n s o c c u r . T his act also ad d resse s safe an d he a lthy
w o r k in g c o n d it io n s .
v ) C o p e la n d (A n t i-K ic k b a c k ) A c t (4 0 U S C 2 7 6 c ): G o v e rn s th e d e d u c tio n s f ro m p a y c h e c k s
th a t a r e a llo w a b le . M a k e s it a c r im in a l o ff e n s e to in d u c e a n y o n e e m p lo y e d o n a F e d e r a ll y
a s s is t e d p ro je c t to r e li n q u is h a n y c o m p e n s a t io n to w h ic h h e /s h e is e n t it le d , a n d r e q u ir e s
a ll c o n t r a c t o r s to s u b m it w e e k ly p a y r o ll s a n d s t a t e m e n t s o f c o m p lia n c e .
v i) F a ir L a b o r S t a n d a r d s A c t o f 1 9 3 8,A s A m e n d e d (2 9 U S C 2 0 1, e t s e q .): E stab lishe s the
b a s ic m in im u m w a g e fo r a ll w o r k a n d r e q u ir e s th e p a y m e n t o f o v e rt im e a t th e r a t e o f a t
le a s t tim e a n d o n e -h a lf . It a ls o r e q u ir e s th e p a y m e n t o f w a g e s fo r th e e n t ir e tim e th a t a n
e m p lo y e e is r e q u ir e d o r p e r m itt e d to w o r k , a n d e s t a b lis h e s c h ild la b o r s t a n d a r d s .
v ii) D e b a r r e d c o n t r a c to r s : In a c c o r d a n c e w it h 2 4 C F R P a rt 5 , H O M E f u n d s m a y n o t b e u s e d
to d ir e c tl y o r in d ir e c t ly e m p lo y , a w a r d c o n t r a c ts to o r o t h e rw is e e n g a g e th e s e rv ic e s o f a n y
c o n t r a c t o r , d e v e lo p e r o r s u b -r e c ip ie n t d u r in g a n y p e r io d o f d e b a r m e n t , s u s p e n s io n o r
p la c e m e n t o f in e lig ib ilit y s t a t u s . T h e C it y s h o u ld c h e c k a ll c o n t ra cto rs, su b co n tra cto rs,
lo w e r -t ie r c o n t ra c to r s o r V B L a g a in s t th e F e d e r a l p u b li c a t io n th a t li s t s d e b a r r e d ,
s u s p e n d e d a n d in e lig ib le c o n t r a c to r s .
Ill. Environmental Requirements
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
a) Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before HOME funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for HOME
projects on certain procedural grounds relating to environmental review ( see 24 CFR 58. 70-
58.77). To avoid challenges, the City and VBL should be diligent about meeting procedural
requirements.
No Project Funds will be advanced, and no costs can be incurred, until the City has conducted an
31l CMB HOME revised 02/2021
Environmental Review of the proposed Project site as required per 24 CFR § 58.
b) Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 410 6): Requires that HOME
funds shall not be provided to an area that has been identified by the Federal Emergency
M a n a g e m e n t A g e n c y (F E M A ) as ha v in g sp e cia l flo o d ha zard, unless: The community is
pa rt ic ip a tin g in th e N a tio n a l F lo o d In s u ra n c e P ro g ra m , o r it ha s be e n le ss th a n a ye a r sin c e th e
co m m u n ity w a s de sig n a te d a s ha v in g sp e c ia l fl o o d ha z a rd s ; an d flo o d in s u ra n c e is o b ta in e d .
IV. Lead-based Paint
D e v e lo p e r sh a ll co m p ly wi th H U D's Le a d S a fe H o u s in g R u le at 24 C F R par t 3 5 , sub p a rt s A, B ,
J, an d R.
V. Displacement, Relocation, Acquisition and Replacement of Housing
C D B G / H O M E pro je cts in v o lv in g a c q u is itio n , re h a b ilita tio n o r de m o litio n m a y be su bje ct to th e
pro v isio n s of th e U n ifo rm R e lo ca tio n A ct (U D A ). D e m o litio n o r co n v e rsio n o f un its w ith H O M E
fu n d s m a y trig g e r se ctio n 10 4 (d ) (a lso kn o w n a s th e "B a rn e y F ra n k A m e n d m e n t" re q u ire m e n ts.)
18. Change Orders/Budget Amendments
N o C h a n g e O rd e rs o r B u d g e t A m e n d m e n ts w ill in cre a se th e fu n d in g to be pro v id e d by th e C ity .
C h a n g e O rd e rs a n d B u d g e t A m e n d m e n ts re la tin g to th e se a w a ll, w h ic h w ill ha v e th e eff e ct of
cu m u la tiv e ly in c re a sin g th e to ta l sc he d u le of va lu e s fo r th e se a w a ll by m o re th an $5 0,0 0 0.0 0,
sh a ll re q u ire prio r w ritt e n a p p ro v a l by th e C ity M a n a g e r.
T o re q u e st a C h a n g e O rd e r o r B u d g e t A m e n d m e n t, a w ritt e n re q u e st fo r ch a n g e s m u st be
su b m itte d to yo u r G ra n t M o n ito r de lin e a tin g th e ch a n g e s a n d pro v id in g a de ta ile d ju stifi c a tio n fo r
m a k in g th e re q u e st. A p p ro v a ls of a n y ch a n g e s a re at th e so le d is cre tio n of th e C ity M a n a g e r.
N o bu d g e t a m e n d m e n t w ill be pro ce sse d fo r C a p ita l P ro je cts B u d g e ts aft e r e ig h ty (8 0 ) pe rce nt of
the av a ila b le fu n d s ha v e be e n d ra w n .
B u d g e t a m e n d m e n ts o r C h a n g e O rd e rs tha t de v ia te fr o m th e o rig in a l sco p e w ill be reje cte d an d
th e fu n d s in q u e stio n m a y be su b je ct to re ca p tu re at th e so le d isc re tio n of the C ity M a n a g e r.
19. Compliance with Local Rules, Regulations, Ordinances and Laws
V B L m u st re m a in in co m p lia n c e w ith a ll lo ca l ru le s , re g u la tio n s , o rd in a n ce s a n d la w s (in c lu d in g
ha v in g an a ctiv e bu s in e ss lic e n se ) in a d d itio n to th o se sp e c ifi e d in the bo d y of th e A g re e m e n t. In
ad d itio n , V B L m u s t no t ow e a n y m o n ie s to th e C ity at th e ti m e of A g re e m e n t ex e c utio n o r fi n a l
re le a se of H O M E F u n d s .
T he C ity w ill ve rify w ith the F in a n c e D e p a rt m e n t to e n s u re th a t no m o n ie s are du e th e C ity prio r
to A g re e m e n t e x e c u tio n .
T h e C ity re se rv e s th e rig h t to in s p e ct th o se e m p lo y e e /co n tra cto r fi le s w ho se sa la rie s a re fun d e d
in pa rt o r in w h o le by its fu n d s .
20. Evaluation
In its co n tin u in g eff o rt to e n su re co n tra c t co m p lia n c e a n d pe rf o rm a n c e , th e C ity w ill e v a lu a te V B L
in its fu lfi llm e n t o f th e te rm s of th is A g re e m e n t in c lu d in g , but no t lim ite d to , the fo llo w in g m e a s u re s:
a . A g re e m e n t co m p lia n c e
CMB HOME revised 02/2021
b.
C.
d.
e.
f.
Leverage and fiscal soundness
Accuracy and timeliness of Progress Reports
Accuracy and timeliness of Financial Reports
Adherence to project timelines
Fulfillment of prescribed outcomes
21. Fiscal Stability
VBL is required to maintain fiscal stability throughout the term of this Agreement. This is to ensure
VBL's ability to fulfill the terms of this Agreement.
For affordable housing developers, fiscal stability policies are encouraged in anticipation of
additional HUD guidance regarding fiscal oversight for rental projects. More so, as projects have
extended lives, fiscal stability underscores the long-term viability of the housing units.
22. Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit VBL to ensure contractual compliance.
This includes, but is not limited to:
a. Review of on-site service delivery
b. Inspection and review of client, budgetary and employee files (for those employees
providing services under this Agreement)
Monitoring visits will take place within 120 days of the commencement of services. The City will
notify VBL a minimum of three (3) business days prior to a monitoring visit.
23. Proformas
Capital projects must submit certified monthly proformas that indicate project funding sources and
correlating uses. Proformas must be certified by the preparing party as well as the agency's
signatory as reflected within this Agreement.
24. Retainage
VBL shall withhold five (5) percent retainage from its subcontractors. Partial releases would be
allowed pursuant Section 255.078, Florida Statutes. Final Release of Retainage will be approved
with the final reimbursement request, along with all Closeout Documents, including final releases
of liens from Subcontractors(s).
25. Subsidy Layering Review
All affordable housing projects using HOME funds require the completion of an independent
Subsidy Layering Review and underwriting. These reviews must be completed prior to the project
being submitted via HUD's IDIS system and precedes the incurrence of any related funds.
Therefore, no capital projects will be deemed eligible for reimbursement until the Subsidy Layering
Review and underwriting have been received and accepted by the City.
26. Additional Documentation
The following documentation must be submitted with this executed Agreement:
a. Executed Second Amended and Restated Ground Lease Agreement
b. All required insurance certificates
CMS HOME revised 02/2021
c. C o p y of cu rre n t a u d it
d . C o p y of re q u ire d bu sin e ss lice n se s a n d pe rm its
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CMB HOME revised 02/2021
EXHIB IT "B"
"D O C U M E NTA TIO N"
VBL agrees to provide the following documents as part of its reporting requirements:
To Document Insurance Coverage:
Copy of Contractor's/Subcontractors' insurance policy or binder (with proof of payment) adding
the City as additionally insured with limits and scope of coverage as required by the City. Housing
Authority of City of Miami Beach and VBL. shall maintain, during the term of this Agreement, the
insurance specified below.
(1) General Liability: $1,000,000 combined single limit for bodily injury and property
damage, for each occurrence, subject to adjustment for inflation by the City.
(2) Contractual Liability: the policy must include coverage to cover the above
indemnification.
(3) Automobile and vehicle coverage, in the amount of $1,000,000 per occurrence,
subject to adjustment for inflation by the City, shall be required when the use of
automobiles and other vehicles are involved in any way in the performance of this
Agreement, including non-owned automobile coverage.
(4) Workers' Compensation Coverage as required pursuant to Florida Statute.
(5) Builders Risk/Comprehensive Fire and Hazard Insurance: VBL. and Housing
Authority of City of Miami Beach shall provide the City with the original policy of
Builder's Risk and Comprehensive Fire and Hazard Insurance, in completed value
form with extended coverage in the amount of the full insurable value of the
specified funded project (or projects), upon completion of construction (and
providing for adjustment subject to inflation by the City), issued by a company
satisfactory to the City.
(6) Flood Insurance: If the floor grade of the first level of the building is determined to
be below the base floodplain elevation required by the Federal Emergency
Management Agency (FEMA) of eight (8) feet above National Geodetic Vertical
Datum (NGVD), VBL and Housing Authority of City of Miami Beach shall provide
the City with evidence, satisfactory to the City, that the premises are covered by
flood insurance supplied by the Federal Insurance Administration, to the maximum
amount available, all as provided in the Flood Disaster Protection Act of 1973, as
amended, together with appropriate endorsement. Flood Insurance is required at
the time of vertical building construction, not for New Seawall.
VBL and Housing Authority of City of Miami Beach shall submit to the City
ORIGINAL certificates of insurance for the above coverages. With the exception of
the Workers' Compensation coverage, all other coverages required pursuant to
this Agreement must name the City of Miami Beach, Florida, as an additional
insured.
All insurance coverage shall be approved by the City's Risk Manager prior to the
release of any Funds under this Agreement. Further, in the event evidence of such
insurance is not forwarded to the City's Risk Manager within thirty (30) days after
the execution of this Agreement, this Agreement shall automatically terminate and
become null and void, without further notice to VBL required, and the City shall
have no obligation under the terms hereof. In the event of such automatic
CMB HOME revised 02/2021
te r m in a t io n , V B L s h a ll im m e d ia te ly re tu rn th e e n tir e a m o u n t o f th e F u n d s to th e
C ity , a n d th e C it y 's rig h ts a n d re m e d ie s a g a in s t V IS T A B R E E Z E , L T D . s h a ll b e th e
s a m e a s s e t fo rt h in S e c tio n 1 2 .1 o f th e A g r e e m e n t.
To Document Construction Completion:
1. Final copy of the Inspections Log
2. Final Release of Liens
3. Warranties
4. Certificate of Completion and Certificate of Occupancy, as applicable
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CMB HOME revised 02/2021
EXH IBI T "C"
"Sources and Uses"
The attached Sources and Uses reflects the scope of expenses that may be incurred through this
Agreement. All expenses must comply with applicable rules and regulations including
Procurement and Davis Bacon Act. Also attached as part of Exhibit C is a Schedule of Values
for the development of the Project, which is subject to change and approval by the City prior to
closing on the Additional Project Financing. Following such approval, the City agrees to review
the final Additional Project Financing, and upon approval of said Additional Project Financing,
shall subordinate to the lien of its Mortgage and to any approved Additional Project Financing, if
required by the lenders thereof, except with respect to the Investor Contributions.
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CMB HOME revised 02/2021
V ista B reeze Sc hed u le of V a lues
02 SITE WORK
Demolition Inc in Sea wall
Water Submeters $ 17,850
Gas Submeters $
Water/Sewer/Paving $ 1,262,238
Dewatering $ 374,707
F/Import/Export $ 80,000
Foundation / Soil improvements $ 1,382,000
Landscape(Allowance) $ 326,925
Temporary Wells $ 190,414
03 CONCRETE
Shell $ 8,901,716
Breeze Block (Supply 0/y) $ 126,500
05 METALS
Balconies/Msc. Metals $ 1,09 3,600
Overhead Doors $ ll,200
Bath & Kitchen Countertos $ 201,229
Cabinets $ 528,089
07 THERMAL / MOISTURE PROTECTION
Waterproofing $ 741,320
Gutters $
Insulation $
Roof.ng & Downspouts $ 371,297
08 DOORS/ WINDOWS
Windows $ 531,522
Mil/Ork/Doors $ 630,457
09 FINISHES
Drywall $ 1,411,074
Stucco $ 887.920
Floor & Wall Tie $ 372,460
Painting $s 566,968
10 SPECIALTIES
Sign1age (Allowance) $ 50,000
Fire Extinguishers $ 6,805
Mai/oxes $ 16,433
Shelving/Bath Accessories $ 217,547
1I EQUIPMENT
Trash Chute $ 70,000
Appliances $ 283,990
12 FURNISHINGS
Window Blinds - Units $ 11,569
13 SPECIAL CONSTRUCTION
Exterior Benches/Garbage Cans/Bocce $ 15,795
Bike Rack«s $ 26,573
Leasing Office Common Area Buildout $
14 CONVEYING SYSTEMS
Elevator $ 551,140
15 MECHANICAL
Fire Sprinkler System $ 644,915
Plumbing $ 2,022,405
HVAC $ 1,449,000
16 ELECTRICAL
Electrical & Fire Alarm $ 3,541,500
FPL Primary $ 40,000
BDA/DAS System $ 84,948
Security System $ 173,500
SUBTOTAL BEFORE GCS/FEE/ETC. $ 29,221,609
General Conditions $ 1,753,297
FEE & OH s 2,337,729
TOTAL $ 33,312,634
38 CMB HOME revised 02/2021
Vista Breeze Sources and U ses
Vista Breeze MASTER
S&U
Vista Breeze - Miami Beach, FL
Sources & Uses
So urces Total %% Per Unit
Perm 11 875,000 1811% 99,790
Viability Loan 4,300,000 656% 36,134
SAIL 3,000,000 4.58% 25,210
Supplemental ELI 600,000 0.92% 5,042
NHTF 1 301,500 1.98% 10,937
HOME - 2022 + 2023 1,003,969 1.53% 8,437
SURTAX 5,950,000 9.07% 50,000
Sponsor Note 8,000,000 12 20% 67,227
Limited Partner Equity 26,310,934 40.13% 221,100
Deferred Developer Fee 3 228 043 4.92% 27126
Total Sources 65,569,446 100 .00% 551,004
Uses Total %% Per Unit
Hard Construction Costs 33,312,634 50 81% 279,938
Recreational/Owner Items 1,538,622 2.35% 12,930
Hard Cost Continaencv 5.0% 1 665,632 254% 13,997
Construction Interest Expense 3,332,032 5 08% 28,000
Permanent Loan Origination Fee 118,750 018% 998
Permanent Loan Closing Costs 54,450 0 08% 458
Construction Loan Origination Fee 325,000 050% 2.731
Construction Loan Closing Costs 97,500 0.15% 819
Costs of Issuance 620,070 0.95% 5,211
Other Loan CIosina Costs 176,657 0.27% 1,485
Accounting Fees 40,000 0.06% 336
Application Fees 16,585 0.03% 139
Appraisal 12,770 0.02% 107
Architect Fee - Design 970,000 1.48% 8,151
Architect Fee - Supervision 190,000 0.29% 1,597
Builder's Risk Insurance 360,000 0.55% 3,025
Building Permit 4.3% 1,428,685 218% 12,006
P&P Bond 269,717 0.41% 2,267
Credit Underwriting Fee 176,435 0 27% 1,483
Engineering Fee 150,806 023% 1,267
Environmental Report 6,700 0.01% 56
FHFC Administrative Fees 240,429 0 37% 2,020
FHFC Application Fees 9,500 0.01% 80
FHFC Compliance Monitoring Fee 229,316 035% 1,927
Impact Fees 66,027 0.10% 555
Inspection Fees 412,714 063% 3,468
Insurance - Property/Liability 178,500 027% 1,500
Legal Fees - Partnership 475,000 072% 3,992
Legal Fees - Other 135,000 0.21% 1,134
Market Study 8,000 001% 67
Marketing & Advertising 20,000 0.03% 168
Stabilization Operating Expenses 117,515 018% 988
Soil Test Report 13,650 0.02% 115
Survey (Including As-Bult) 67,998 0.10% 571
Title Insurance & Recording 252,157 038% 2119
Utility Connection Fee 128,690 0.20% 1,081
General Liability Insurance 116,595 0.18% 980
Scheduling 80, 400 0.12% 676
Soft Cost Contingency 5.0% 308 660 0.47% 2,594
Sub-Total 47,723,195
Miscellaneous Reserves 3 months 463,580 0.71% 3,896
Land, To Be Acquired 8,800000 13.42% 73,950
Developer's Fee 18.0% 8,582,671 13 09% 72,123
Total Project Cost 65,569,446 100.00% 551,004
12/8/2023 2 25 PM 3of5
39 CMS HOME revised 02/2021
B reeze - Seaw all
A PC B
C ity of M iam i B each
PR IN T PR O SH O P
M iam i D ade C ounty
M iam i D ade C ounty
M iam i D ade C ounty
O cean C on sulting
LL C
C ity of M iam i B each
C ity of M iam i B each
$674,845.80 C onstru ction
$1,778.54 Fence Perm it
$2,92 1.10 Fence screening
$8,299.00 Perm it A pplication
$16 ,200.00 M itigation Fees - C ash B ond
$90.00 M itigation Fees - C ash B ond
$5,000.00 C ora l R elocation
$2 1,72 1.88 Seaw all Perm it
$22,000.00 * Parking space rem oval - Pen ding Final Invoice
T otal $752,856.32
40 I CMB HOME revised 02/2021
EX H IB IT "D "
"F IN A N C IA L M A N A G E M E N T "
A. Accounting Standards. Developer agrees to maintain books, records, documents and other
evidence directly pertinent to performance of work in accordance with comply with 24 CFR
§92.508(3), (4) and (7), as applicable and comply with 2 CFR 200, Subpart D and agrees to
adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
B. Cost Principles. Developer shall administer its program in conformance with 2 CFR 200,
Standards for Financial and Program Management, Cost Principles and Audit Requirements, as
detailed in Subparts D, E, and F. These principles shall be applied for all costs incurred whether
charged on a direct or indirect basis.
C. Audits & Inspections. Developer shall comply with audit requirements contained in 2 CFR,
Subpart F which requires Developer to have an annual audit conducted within nine (9) months of
the end of their fiscal year, if Developer has an aggregate expenditure of more than $750,000 in
federal funds in a fiscal year. Developer further agrees to submit a copy of this audit to the City
within thirty (30) days of receipt from the auditor. Any deficiencies noted in audit reports must be
fully cleared by the Developer within thirty (30) days after receipt of same.
Developers that are not required to perform an audit per the 2 CFR, Subpart F requirements must
have and maintain adequate internal financial/cash management principles and reporting policies.
Balance of Page Intentionally Left Blank
41 I CMB HOME revised 02/2021
Exhibit "E"
Reporting Form s
42 I CMB HOME revised 02/2021
Reimbursement Request
MIAMI BEACH Financial Report
Sub-Recipient: Vista Breeze Ltd.
Project: Vista Breeze Construction
Funding Source: HOME
Funding Fiscal Year: 2023
Date of Reimbursement Request: Draw Number:
Reimbursement Summary
Expense Category
Pe rsonnel Expenses
Operating Expenses
Capital/Equipment Expenses
Professional Services Expenses
Other Expenses
$
$
$
Grant Award Available Balance This Request
$ $
$ $
$ $
$
$ $
$ Total Reimbursement Request
Sub-Recipient Certification
In accordance with Section 3 of the contract between the City and VBL: 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 Section 8 of the contract between the City and VBL: VBL 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, VBL will comply with all State and local (City and County) laws
and ordinances hereto applicable.
In accordance with Article II, Section 17 of Exhibit A to the contract between the City and VBL, the latter
must comply with the regulations governing employment and contracting opportunities as well as wage
and labor standards.
Signature of Preparing Party Signature of Authorizing Party
Name:
Date:
Name:
Date:
ORIGINAL SIGNATURE AND EVIDENCE OF EXPENSE MUST BE SUBMITTED
43 CMB HOME revised 02/2021
Personnel Expenses
Emp loyee Sala Cost Benefits & Frin e Total Reim bursement
$
$
$
$
$
l,_P_e_rs_o_n_n-el_Ex_p_e-ns_e_s_T_o_ta-1---~---------~---,] $
Operating Expenses
Ex ense Item Unit Cost Quanti Total Reim bursement
$
$
$
________________________ $
Operatine Pense5Toal arias ±di cs-col$
Capital/Equipm ent Expenses
Expense Item Unit Cost Quantity Total Reim bursement
$
$
$ coereuvoene eon. a,-
Professional Services Expenses
Ex ense Item Unit Cost Quantity Total Reim bursem ent
$
$
$
$
$
$
$
$
$
$ +».a.a s. a+, er
Other Expenses
Expense Item Unit Cost Quantity Total Reim bursem ent
$
$
$
$
$
er eere et.pee"e err1rre.er" r rerree er. .tr rare er ire eer r1
$ Other Ex enses Total
CMB HOME revised 02/2021
E X H IB IT "F "
"M o n ito rin g C h e c k lis t"
HOME Investment Partnerships Program (HOME)
Monitoring Checklist
City of Miami Beach
Office of Housing & Community Services
. . . 7 -
Aaency Name I
Aaencv Address I
Project Address I
Aaencv T eleohone I I Aaencv Web Address I
a
Contract Effective Date
HOME Award
Fund Category
National Objective
Capital Improvements
Renab 8 Preservation
0 Youth Services
[]senior/Elder Seri
[]Homeless Servic
LJ oner
[]objective B
If Objective A:
Other Project Funding Sources: z
9 :::;
O m 0> z I
O 0 o- r +
ir n '
z3
G --<
Project Summary
H O M E
Ste Mortonng Tool
45 CMB HOME revised 02/2021
fG7la/· « .l :
Is there sufficient evidence documenting service to low and moderate income
persons?
Comments in support of above:
I LJ Yes I LJ No
Documentation Reviewed
l J Client Files IL ] Client Sian-In Sheets/Loas IL ]Other 11 I Other . . ·lilHG»
Did recioient set up an environmental file? [ J Yes LI No
Did recipient conduct the correct level of environmental review? [l Yes l J No
Does the environmental file contain the followina: Date of Comoletion LJ Yes
a. An environmental assessment?
b. Published Notice of Findina of No Sianificant Impact?
C. Published Notice of Intent to Request Release of Funds? 0 No
d. Reauest for Release of Funds?
e. IDED Release of Funds Letter?
f. State Historical Societv Clearance Letter?
Did recipient adequately respond to any comments made on the environmental assessment? I l Yes I 17 No I [ ]NIA
Was the 8-step process followed for any part of the project carried out in the 100-year flood plain? [ J Yes l J No
When was the construction contract signed?
Comments on above:
HOME
Site Monitoring Tool
Hutu[. $ I:
Does the recioient maintain an adequate financial management system? [] Yes [] No
a. Is the system in compliance with all requirements outlined in the HOME L_J Yes LJNo
Management Guide?
b. Are local effort funds incorporated into budget and accounting records? [] Yes [JNo
c. Are expenditures made according to the HOME/local effort ratio shown in the LJ Yes LJNo
contract?
d. Does the recipient disburse funds within 1 O working days of receipt? LJ Yes LJ No
Document above responses bv spot-checkina financial transactions and recordina in chart on paae 4.
Does the recipient provide for adequate internal control and seareaation of duties? I [Yes I INo
Was proaram income received? LJ Yes I [ No I [] NIA
If land was part of the local effort, how was the value of the land determined?
If force account labor is being used. do time sheets document time alloca ted to the HOME program? [] Yes I I J No I [] NIA
Re all HOME records being maintained in com plian ce with OMB Circular A- 102. Attachment C? [] Yes I l No
Comments on above:
HOM E
Site Momtoring Tool
46 CMB HOME revised 02/2021
Payments System Check
Draw Payee/ Contractor Invoice Invoice Approval Payment Check I Funds Breakdown
Received Date Amount Date Date Number I Local HOME
~
I
} - --- -- - I
I
I
I
-- - I -
I
I
I
Comments on above:
HOME
Site Monitoring Tool
. . - tzjui
Does the recipient have the written procurement procedures? Yes No
Does the recipient have a written code of conduct? Yes No
Did the recipient use the small purchase method of procurement for services, supplies LJ Yes L]No
and other property costina in the aggregate no more than $100,000?
If so, were price or rate quotations obtained from a number of qualified sources? Yes No
Did the recipient solicit proposals for administrative services (or other professional services)? fl Yes I r No fl N/A
a. Were an adequate number of proposals solicited throuah a Request for Proposals? Yes No
b. How was the RFp publicized? Y es No
c. Were proposals evaluated on established criteria? Y es No
Did the recipient solicit aualifications for enaineerina/architectural services? f 7 Yes I r No fl N/A
a. Were an adequate number of qualifications solicited through a Request for Qualifications? Yes No
b. How was the RFQ publicized? Y es No
c. Were qualifications evaluated on established criteria (not includinQ cost)? Yes No
d. Did the recipient negotiate fair and reasonable compensation with selected engineer/architect? Yes No
Did the recipient use competitive sealed bids? L J Yes I I No I L J N/A
a. Were an adeauate number of bids solicited? Yes No
b. How was the opportunity to bid publicized? Yes No
c. Were contracts awarded to the lowest responsible bidders? Y es No
d. Are there bid tabulation sheets for each procurement? Y es No
Did recipient receive IDED approval for anv sole source procurement? I I Yes I I No I [ IN /A
What actions has the recipient taken to solicit participation from minority- and women- Explain in co m m ent box.
owned businesses in the HOME program?
Comments on above:
5
H O M E
Site Monitonng Tool
47 CMB HOME revised 02/2021
g r 1 1 p •
,gr 1
Did the recipient contract for administrative services? Yes No
a. With whom is the contract for administrative services?
b. What is the executed date of the contract for administrative services?
C. What is the contract maximum or "not to exceed" amount?
Does the contract include all reauired lanauaae? Yes No
a. Allowing access to pertinent records by recipient and appropriate government agencies? Yes No
b. Providing for maintenance of records for five vears after proiect close-out? Yes No
c. Title VI of the Civil Rights Act of 1964? - Yes ~ No
d. Tile VIII of the Civil Rights Act of 1968? (housina) Yes No
e. Executive Order 11063? (housina) Yes No
f. Section 109 of the Housing and Community Development Act ot 1974 (if f, then not g or h) Yes No
9. Age Discrimination Act of 1975? - Yes No
h. Section 504 of the Rehabilitation Act of 1978? Yes No
i. Section 3 of the Housina & Urban Development Act of 1968? Yes No
i. Executive Order 11246 (if contract is areater than $10,000)? Yes No
k. Americans with Disabilities Act? _ Yes No
I. Tenmination clauses? - Yes No
Are the terms of the contract appropriate (not percentage of cost or "cost plus a percentage of cost)? Yes No
a. Does the contract specify an hourly rate? Yes No
b. Does the contract provide for optional services at additional costs (hourly, lump sum or actual)? Yes No
Comments on above:
6
HOME
Site Monitonng Tool
·-· , e Iz1 4 z a la @ItIzI .
Did the recipient contract for the architectural/ enaineerina services? Yes No
a. With whom is the contract for the architectural/ enaineerina services?
b. What is the executed date of the contract for architectural/ engineering services?
C. What is the contract maximum or "not to exceed" amount?
Does the contract include all required language? Yes No
a. Allowing access to pertinent records by recipient and appropriate government agencies? Yes ~ No
b. Providina for maintenance of records for five years after project close-out? Yes No
C. Title VI of the Civil Riahts Act of 1964? Yes No
d. Title VIII of the Civil Riahts Act of 1968? (housina) Yes No
e. Executive Order 11063? (housing) Yes No
f. Section 109 of the Housing and Community Development Act of 1974 (if f, then not g or h) Yes No
9. Age Discrimination Act of 1975? , Yes No
h. Section 504 of the Rehabilitation Act of 1978? Yes No
i. Section 3 of the Housing & Urban Development Act of 1968? Yes No
i. Executive Order 11246 (if contract is Qreater than $10,000)? Yes No
k. Americans with Disabilities Act? Yes No
I. Termination clauses? Yes No
Are the terms of the contract appropriate (not "percentage of cost" or "cost plus a percentage of cost)? Yes No
a. Does the contract specify an hourly rate? Yes No
b. Does the contract provide for optional services at additional costs (hourly, lump sum or actual)? Yes No
Comments on above:
HOME
Site Monitoring Tool
48 CMB HOME revised 02/2021
q $ liT:!a /o · el1 . ~
Did the recipient contract for an y other professional services? Yes No
a. With whom is the contract for professional services? Atkins Special Inspections
b. What is the executed date of the contract for professional services?
C . What is the contract maximum or "not to exceed" amount?
Does the contract include all required language? Yes No
a. Allowing access to pertinent records by recipient and appropriate government agencies? ~ Yes - No
b. Providing for maintenance of records for five years after project close-out? Yes No
C . Title VI of the Civil Rights Act of 1964? ~ Yes No
d. Title VIII of the Civil Riahts Act of 1968? (housina) Yes No
e. Executive Order 11063? (housing) Yes No
f. Section 109 of the Housing and Community Development Act of 1974 (if f, then not g or h) Yes No
a. Aae Discrimination Act of 1975? Yes No
h. Section 504 of the Rehabilitation Act of 1978? Yes No
i. Section 3 of the Housina & Urban Development Act of 1968? Yes No
i. Executive Order 11246 (if contract is areater than $10,000)? Yes No
k. Americans with Disabilities Act? Yes No
I. Termination clauses? Yes - No
Are the terms of the contract appropriate (not "percentage of cost or "cost plus a percentage of cost)? Yes No
a. Does the contract specify an hourly rate? Yes - No
b. Does the contract provide for optional services at additional costs (hourly, lump sum or actual)? Yes No
Comments on above:
8
HOME
Site Monitoring Tool
[t s[l tr: Gitt, $ I I4if
With whom is the construction contract?
a. What is the executed date of the contract?
b. What is the contract amount?
Does the contract include all required language? Yes No
a. Allowing access to pertinent records by recipient and appropriate government agencies? Yes No
b. Providina for maintenance of records for five years after project close-out? Yes No
c. Title VI of the Civil Rights Act of 1964? Yes - No
d. Title VIII of the Civil Rights Act of 1968? (housing) Yes - No
e. Executive Order 11063? (housinq) Yes No
f. Section 109 of the Housing and Community Development Act of 1974? (if f, then g or h) Yes - No
a. Age Discrimination Act of 1975? - Yes No
h. Section 504 of the Rehabilitation Act of 1978? Yes No
i. Section 3 of the Housing and Urban Development Act of 1968? - Yes No
i. Executive Order 11246 (if contract is areater than $10,000)? Yes No
k. Americans with Disabilities Act? Yes No
I. Copeland Anti-kickback Act? (contracts areater than $2,000) Yes No
m. Davis-Bacon Act? /contracts qreater than $2,000) Yes No
n. Contract Work Hours and Safetv Standard Act? (contracts areater than $2,000) Yes No
0 . Section 306 of the Clean Air Act? (contracts areater than $100,000) Yes No
p. Section 508 of the Clean Water Act? (contracts qreater than $100,000) Yes No
a. Executive Order 11738? Contracts greater than $100,000) Yes No
r. EPA Requlation 40 CFR Part 15? (contracts areater than $100,000) Yes No
s. Termination clauses? Yes No
Does the contract include the appropriate wage rate determination? Yes No
Has the recipient verified the eligibility of all contractors and subcontractors with IDED? Yes No
Do recipient construction records include the following (in compliance with CDBG limits): Yes No
a. Bid guarantees? Yes No
b. Performance bonds? Yes - No
c. Payment bonds? Yes No
Comments on above:
9
HOME
Ste Monitoring Tool
49 CMB HOME revised 02/2021
[InI]{TV] . , ... fl • [{0lg1 lHil ·'l'
Is the recipient maintainina beneficiarv demoaraphic data? Yes No
Is the recipient maintaining Section 3 records in order to prepare and submit the [J Yes [Jo
Opportunities for Low Income Persons with Assisted Projects Form at program
completion?
a. Have program contractors hired local, low income persons to work specifically LI Yes LJ No
on program activities?
b. How has the recipient made contractors aware of Section 3?
Does the recipient have a current Equal Employment Opportunity Policy? Yes No
a. When was the EEO Policy adopted?
b. Does the policy prohibit discrimination on the basis of race, sex, color, national LJ Yes LJ No
oriain, aae, reliaion, disabilitv, and familial status?
C. How was the policy made public?
d. Who is the local official responsible for EEO policy?
e. How does the recipient advertise job vacancies?
f. Do job advertisements contain equal employment opportunity language?
Does the recipient have 15 or more employees? Yes ~ No
a. If so, does the recipient have a current workforce analysis? Yes No
b. Does the recipient have an affirmative action plan? Yes No
C. ls the recipient meetina affirmative action aoals? Yes No
d. If any employment discrimination complaints were filed against the recipient, LJ Yes I LJNo I LJ NIA
have they been satisfactorily resolved?
What actions has the recipient taken to affirmatively further fair housing?
Comments on above:
10
HOME
Site Monitoring Tool
Labor Standards (if applicable)
Who is the recipient's Labor Standards Compliance Officer?
Does the recipient have a labor standards enforcement file for each construction activity?
Have contractor payrolls been submitted weekly?
Has the Labor Standards Compliance Officer reviewed and accepted all oavrolls?
Contractor/ Subcontractor Payroll Number Date of Pavroll Comments
Did the recipient interview construction employees to ensure contractors were paying LJ Yes LJNo
appropriate wages?
a. Were employee interviews cross-referenced with the applicable weekly L_J Yes LJ No
payroll?
b. Are fringe benefits being paid according to the wage rate determination and I L_I Yes LJNo
compliance with labor standards?
C. Is overtime computer on the basic hourly rate shown on the wage rate LJYes LJ No
determination?
Describe any wage discrepancies and/or any violations of labor standards and how
they were resolved?
If any contractors or subcontractors are using apprentices, does the recipient have on LI Yes LJNo
file the reauired Department of Labor authorization documents for each apprentice?
Comments on above:
11
HOME
Si te Monitoring Tool
50 CMS HOME revised 02/2021
d o l l [q t ]ti.lIt -f[Il l[o • o »life;1o] -
If the recipient acquired any real property, including permanent easements, with the LI VOLUNTARY 0 INVOLUNTARY
intent to use federal funds to complete the projects, was the real estate transaction
VOLUNTARY or INVOLUNTARY?
(VOLUNTARY) Did the recipient notify seller in writing (1) that the property would not LJ Yes L_JNo
be taken through condemnation and (2) of the recipient's estimate of fair market
value?
a. Was notification orovided prior to the signing of a ourchase offer? Yes No
b. If not, was the seller allowed to withdraw from the purchase agreement once LJ Yes L_JNo
notified of the fair market value?
(INVOLUNTARY) Did the recipient advise property owners of their rights under the LJ Yes LJNo
Uniform Act either by certified return receipt mail or hand delivery?
Was the property appraised by a qualified appraiser prior to initiation of negotiation? Yes No
a. When was the appraisal conducted?
b. When was the review appraisal conducted?
C. What appraisal method was used?
d. Were appraisal standards followed? Yes No
If an appraisal was not performed, was property valued at less than $2,500 or did the LJ Yes LJNo
recipient obtain an approved waiver of appraisal statement from property owners?
Did the recipient provide the property owner a written Notice of Just Compensation LJ Yes LJ No
(written purchase offer) for each acquisition taking into account the value of allowable
damages or benefits to any remaining property?
Was the written offer equal to the appraised fair market value? Yes No
a. Was the summary statement issued with the written offer? Yes No
Was the written offer greater than the appraised fair market value? Yes No
a. Was there documentation of an administrative settlement (proof that offer does not exceed the _, Yes - No
cost of taking property by eminent domain) in the recipient's file?
Was the offer negotiated after the offer to purchase was made? LJ Yes LJ No
Did the recipient exercise its power of eminent domain to acquire the property? Yes No
Was the purchase payment made prior to the property owner transferring the property LJ Yes LJ No
to the aaencv?
Comments on above:
12
HOME
Ste Mon tonn g Tool
51 CMB HOME revised 02/2021
r ¢ • :l[a{ff@IE.l ·lili ¢ pr;1 ·
Is there a final closing cost summary sheet showing the recipient reimbursed property LJ Yes LJ No
owner for?:
a. Recording fees, transfer taxes, title opinions, etc.? [J Yes Jo
b. Prepayment penalty on a mortgage? Yes No
C. The pro rata share of property taxes? Yes No
d. Litiaation expenses? Yes No
Was the acquired property vacant? (if not, skip next question) ~ Yes _, No
a. If the vacant structures acquired were determined occupiable to low- and - Yes _, No
moderate-income persons, did the recipient follow its adopted Residential Anti-
displacement and Relocation Plan?
Did the recipient inform the occupant of the basic eligibility requirements and LI Yes LJNo
relocation benefits?
a. Was notification hand-delivered or mailed by certified/return receipt mail? Yes No
Did the relocatee receive?:
a. A fixed payment for moving expenses? Yes No
b. Actual moving expenses? Yes No
C. A housing payment (rental assistance payment of up to $5,250 for 90-day LJ Yes LJNo
tenants or owner-occupants or replacement housing payment of up to $22,500
for 180-day owner occupants)?
d. A payment equal to or less than reasonable property relocation costs for actual LJ Yes LJNo
direct losses of tangible personal property as a result of moving or
discontinuing a business or farm operation, or equal to the average annual net
earnings not less than $1,000 and not more than $20,000?
e. A payment for actual reasonable expenses in searching for a replacement LJYes LJNo
business or farm?
f. A re-establishment payment for expenses of re-establishing the business not to LJ Yes LJNo
exceed $10,000?
Comments on above:
13
HOME
Site Monitoring Tool
2tG ltf »z.y 1 - . . »III;le
Did the recipient determine that the displace was eligible for alternative assistance LJ Yes I LJ No
(under Section 104(d) of the Uniform Act?
a. What was the tvpe of assistance provided?
b. What was the level of assistance?
If the recipient provides Relocation Assistance Advisory Services, are they adequate? Explain in comment box.
If the recipient provided "housing as a last resort," was it with IDED approval? I I Yes I I INo
If relocation was carried out under a third-party contract, how was it done? Explain in comment box.
Comments on above:
14
HOME
Ste Monitoring Tool
52 CMS HOME revised 02/2021
If th e re ci p ie n t a c q u ir e d a n y e q u ip m e n t (n o n e x p e n d a b le p e r s o n a l p ro p e rt y ) w ith a n
a g g r e g a te p u r c h a s e p r ic e o f $5 ,0 0 0 o r m o r e , d id it fi r s t re c e iv e a u th o r iz a tio n fro m
ID ED ?
D o e s th e r n t u r c h a s e d w ith fe d e ra l fu n d s ?
D id th e re c i u ir e d w ith C D B G fu n d s ?
a . If th e a ir m a r e t v a u e w a s g r e a te r th a n $5 ,0 0 0 a t th e tim e o f d is p o s itio n (o r a t
th e tim e w h e n re c ip ie n t tra n s f e rr e d u s e o f e q u ip m e n t to a c tiv iti e s n o t c u rr e n tly
o r p r e v io u s ly s u p p o rt e d b y a f e d e r a l a g e n c y ), w a s ID E D re im b u rs e d a n
a ro ria te s h a r e ?
D id th e re ci ie n t d is o s e o f a n d w ith C D B G fu n d s ?
a . If s o , d id th e re c i
C o m m e n ts o n a b o v e :
o s iti o n in s tru c tio n s fr o m ID E D ?
Y e s
Y e s
Y e s
Y e s
Y e s
Y e s
No
No
No
No
No
No
15
HOME
Site Mo nitoring Tool
53 CMB HOME revised 02/2021
:I o [','·Tillelll •
Does recipient maintain documentation in support of National Obiectives? Yes No
Does recipient maintain Eligible Activities Documentation? Yes No
Has recipient submitted required, accurate Financial Reports with documentation? Yes No
Has recipient submitted required, accurate Project Narrative Reports with client information? Yes No
Does recipient maintain copies of all submitted reports? Yes No
Does recipient maintain staffing documentation, if appropriate? L J Yes I l No l J N/A
Does recipient maintain Board meeting minutes? I IYes I No
Does recipient maintain telephone logs/notes, if appropriate? LI Yes I LJ No LINA
Does recipient maintain copies of correspondence with City? I IYes I No
Does recipient maintain copies of original application? Yes I No
Does client recipient maintain amendments to application? I l Yes I [ No I IN/A
Comments on above:
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Ta1TT- llI·le+ on
Does recipient file have original application? Yes No
Does recipient file have amendments to applications? [ ] Yes I [ ] No I [] NIA
Does recipient file have Notice of Award? Yes No
Does recipient file maintain copies of correspondence between parties? Yes No
Does recipient file maintain copies of Articles of Incorporation? Yes No
Does recipient file maintain Non-Profit Determination? Yes No
Does recipient file maintain list of Board of Directors? Yes No
Does recipient file have Authorization to Request Funds? Yes No
Does recipient file identify Authorized Official? Yes No
Does recipient file maintain Organizational Chart? Yes No
Does recipient file maintain Resume for Chief Administrator and/or Fiscal Officers? Yes No
Does recipient file maintain Financial Statement and Audit? Yes No
Does recipient file maintain Conflict of Interest Statement? Yes No
Does recipient file maintain plan for Compliance with National Objectives? Yes No
Does recipient file maintain Lobbying Certification? Yes No
Does recipient file maintain date of arant? Yes No
Does recipient file maintain amount of grant? _, Yes - No
Does recipient file maintain Statement of Work? Yes No
Does recipient file maintain Budget by Task/Activity? _, Yes - No
Does recipient file maintain Schedule by Task/Activity? Yes - No
Does recipient file maintain Standard Provisions? Yes - No
Does recipient file maintain Special Conditions? L J Yes I l No l J N/A
Does recipient file maintain Real Property Inventorv I I Yes I I No I I INIA
Comments on above:
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54 CMB HOME revised 02/2021
T l -l .
Current Approved Budget Yes No N/A
Authorization Letter w/ signatures Yes _,No ~ N/A
Financial Management System (accounting books, software, reporting systems) Yes No ~ N/A
Chart of Accounts Yes No ~ N/A
Financial Status Report (total operating budget, amount expended, obligations) Yes No N/A
Drawdown Request Forms Yes _, No ~ N/A
Executed Contracts/Bid Documents - Yes _,No ~ N/A
Board Minutes for Approval of Contracts Yes No N/A
Most Recent Audit Report Yes No N/A
Certification of Insurance Coverage/Bonding Yes No ~ N/A
CDBG Payroll Records Yes _, No ~ N/A
Certified Construction Payroll Records (for Davis-Bacon) Yes No N/A
Approved Cost Allocation Plan Yes _, No ~ N/A
Relevant Financial Correspondence Yes No N/A
Comments on above:
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Additional Comments/Observations
Deficiencies/Need for Remediation
'ell lil ill :] t o .
Date of Monitoring Notification I I Date of Monitoring Visit I
Recipient Staff Participating in I
I I Monitorina Visit
Deficiencies Found/Need for Recipient Remediation [ ]Yes I [] No
If Remediation Needed, Date for Compliance
Date of Written Correspondence Advising of Remediation and date for Compliance
Date of Monitoring Report's Placement in Recipient File
EG I TTE IE IIIIIIL E 7 IT Signature Date
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Site Monitoring Tool
55 CMB HOME revised 02/2021