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C7E-Issue RFP Eligible Public Service Housing And Capital ActivitiesCOMMISSION ITEM SUMMARY Condensed Title: @CityCommissionauthorizingtheCityManagertoissueanRFPforeligiblepublicservice, housing, and capital activities to be funded from the City of Miami Beach FY 201512016 entitlement allocations from the U.S. of inq & Urban Supporting Data (Surveys, EnvironmentalScan, etc.: N/A Item Summary/Recommendation : As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires the City (and all participating jurisdictions) to submit a Five-Year Consotidated Plan establishing the strategic framework upon which the City will utilize funOs. The Consotidated Plan is refined each year through the required submission of the One-Year Action Plan which specifically defines the projects and activities funded by that year's HUD allocation. Historically, the City's CDBG funds have been used for public services, housing, code enforcement, and public facilities improvements; while HOME funds have been used for affordable rental housing and first-time homeownership. The City must submit the FY 2015/2016 One-Year Action Plan lor HUD's approval by August 14, 2015. As such, it is necessary to begin the screening process for proposed activities. The process includes: release of the RFP; review by staff to determine comflete/eligible RFP submissions; evaluation/scoring/recommendations by the Affordable Housing Advisory Committee (AHAC); review of AHAC recommendations with the Administration; 30-day Comment Period to receive public input; City Commission approval; and, finally, submission to HUD. FY 201512016 funding allocations have not been announced by HUD. However, based on the HUD-imposed timeline for preparation and submission of the Action Plan, lhe Administration recommends authorizing the City Manager to issue the ittached Requests for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY 201512016 entilement aliocations from HUD. Based on current projections, the RFPs will be issued with a 5% reduction from actual FY 2014t2015 allocations. The RFPs will be issued with a qualification that the award of funds is subject to the actual HUD funding allocations. Financial lnformation : Source of Funds:Amount Account 1 N/A 2 3 Total Financial lmpact Summary: N/A Maria L. Ruiz/Housing & Community Services Department Director Assistant Ci$r Manager \ Gity lllanager MLR. -y'C *""[l ill/-(,,(JLM kl\ AGENDA trE|flt c7 E o^rE &/l-tfE MIAMIBEACH 169 E MIAMI BEACH City of Miomi Beqch, ,l700 Convenlion Cenier Drive, Miomi Beoch, Florido 33,] 39, ly:gy..np!0ibcsehfkav CO SSION MEMORANDUM Mayor Philip Levine and Members o the City Jimmy L. Morales, City Manager February 11,2015 A RESOLUTION OF THE MAYOR AND CIry COMMISSION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR ELIGIBLE PUBLIC SERVICE, HOUSING, AND CAPITAL ACTIVITIES TO BE FUNDED FROM THE C!ry OF M!AM! BEACH FISCAL YEAR 2015t2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) ENTITLEMENT ALLOCATIONS FROiN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). ADMINISTRATION RECOMMENDATION Adopt the resolution. BACKGROUND The City of Miami Beach is a U.S. Housing and Urban Development (HUD)-designated entitlement community as determined by the decennial census information on population growth lag, age of housing stock, and poverty. The City was designated a Community Development Block Grant (CDBG) Program entitlement jurisdiction in 1975, and has been receiving HOME lnvestment Partnerships (HOME) Program funds since the program's inception in 1992. While the CDBG Program provides funding for public services, housing, and capital projects; the HOME Program provides funding specifically designated for affordable housing to strengthen public/private housing partnerships and expand the supply of decent, safe, sanitary, and affordable housing for low- and moderate-income individuals and families. As an entitlement community, the City receives an annual allocation of HUD funding. To receive the funds, HUD requires the City (and all participating jurisdictions) to submit a Five-Year Consotidated Ptan which establishes the strategic framework upon which the jurisdiction will utilize its funds. The Consolidated Planis refined each yearthrough the required submission of the One-Year Action P/an which specifically defines the projects and activities funded by that year's HUD allocation. Historically, the City's CDBG funds have been used for public services, housing, and public facilities improvements; while HOME funds have been used for affordable rental housing and first-time homeownership. ANALYSIS The City must submit the FY 2015/2016 One-Year Action Plan to HUD for its approval by August 14, 2015. To allow enough time to complete the development process of the Action TO: FROM: DATE: SUBJECT: 170 HOME and CDBG RFP Release Page 2 February 11,2015 Plan, it is necessary to begin the proposal screening process as soon as possible. The process includes the following steps: o Release of Request for Proposals(RFP) for 3O-days. lnitial RFP review by staff to determine complete/eligible submissions o Evaluation/Scoring/Recommendations by the Affordable Housing Advisory Committee(AHAC) absorbing the functions previously performed by the Community Development Advisory Committee for CDBG-funded activities. Review of AHAC recommendations with the Administrationo 30-day Comment Period to receive public input. City Commission approval. Submission to HUD The City has not yet been notified of the amount of funding that it will receive for FY 201512016. HUD will nonetheless hold the City to the required timeline for completion and submission of the Action Plan. Therefore, staff is proposing the issuance of the CDBG and HOME RFPs indicating estimated funds available and a qualifying statement that the award of funds is subject to the actual allocations of HUD. For FY 201412015 the HUD allocations were $935,610 and $460,426 for CDBG and HOME, respectively. Based on the current trend toward funding reductions in HUD programs, staff is recommending release of the RFPs with five percent (5%) reductions in the amount of funds available. This would mean available funds of $888,829 for CDBG and $437,404 for HOME. Last year, the City set aside funds for specified internally-managed activities (i.e. North Beach Fagade lmprovement Program; emergency rent, utility and food assistance). These funds were excluded from consideration for competitive award. The Administration seeks to continue this practice and include the necessary funding to install security cameras at North Shore Open Space Park, a public park serving North Beach, the City's designated CDBG entitlement area. CONCLUSION The Administration recommends authorizing the City Manager to issue the attached Requests for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY 201512016 CDBG and HOME entitlement allocations from the U.S. Department of Housing and Urban Development (HUD). JLM/KGB/MLR T:\Agenda/201 S/february/housing & community services/FY201 5-16 CDBG-HOME RFP lssuance Memo 171 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TSSUE A REQUEST FOR PROPOSALS (RFP) FOR ELIGIBLE PUBLIC SERVICE, HOUSING, AND GAPITAL ACTIVTTIES TO BE FUNDED FROM THE CITY OF MIAMI BEACH FISCAL YEAR 201512016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME TNVESTMENT PARTNERSHIPS (HOME) ENTITLEMENT ALLOGATIONS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). WHEREAS, the City is an entitlement recipient of HUD formula grant programs as follows: Community Development Block Grant (CDBG) funds, and HOME lnvestment Partnerships (HOME) funds; and WHEREAS, CDBG funds are used to provide vital public services, housing activities, code enforcement, and improvements to public facilities and HOME funds are used for affordable housing activities, including multi-family rentals and first-time homeownership; and WHEREAS, the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, the City will issue a Request for Proposals (RFP) for the FY 201512016 CDBG funds and the FY 2015t2016 HOME funds to ensure compliance with the HUD rules and regulations; and WHEREAS, the City will prepare and submit to HUD an AnnualAction Plan, approved by the City Commission, based on activities that the City wishes to fund from the FY 201512016 entitlement allocations; and WHEREAS, the Annual Action Plan for Federal funds is a requirement under the HUD formula grant programs, which include the CDBG and HOME Programs; and WHEREAS, the City Manager is the designated agent for all HUD formula grants, and executes the grant applications, grant agreements, and other applicable HUD documents on behalf of the Ci$. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE C|TY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission authorize the City Manager to issue a Request for Proposals (RFP) for eligible pubtic service, housing, and capital activities to be funded from the City of Miami Beach fiscal year 201512016 Community Development Block Grant (CDBG) and HOME lnvestment Partnerships (HOME) entitlement allocations from the U.S. Department of Housing and Urban Development (HUD). PASSED AND ADOPTED this -day of.2015. ATTEST: APPROVED AS TO FORM & LANGUAGE EXECUTION I-1-\5 - Dote CITY CLERK MAYOR City Attorney , l- 172 Annual Federal Entitlement Funds Application- February 2015 b -- :MIAMIBEACH City of Miami Beach Request for Proposals (RFP) FY L5/ 16 HOME !nvestment Partnership (HOME) Funds Deadline for Submissions: Frid dy , April 3, 2015 at 3:00pm must be received by 3:O0pm on Friday, April 3, 2015. Any application received after that time will not . The responsibility for submitting applications on or before the stated time and date is solely the responsi the Applicant. The City wil! not be responsible for delays caused by mail, courier services or any other entity City of Miami Beach Office of Housing & Community Services 555 -17th Street Miami Beach, Florida 33139 Telephone: ?05-673-7260 Fax:305-504-2421 Website: www.miamibeachfl.gov Email: mariaruiz@miamibeachfl.gov City of Miami Beach/ Housing and Community Services173 Annual Federal Entitlement Funds Application- February 2015 Mayor & Members of the City Commission: Philip Levine, Mayor Michael Grieco, Commissioner Joy Malakoff, Commissioner Micky Steinberg, Commissioner Edward L. Tobin, Commissioner Deede Weithorn, Commissioner Jonah Wolfson, Commissioner City Administration: Jimmy L. Morales, City Manager Kathie G. Brooks, Assistant City Manager Jose Jimenez, Esq., Assistant City Manager Mark Taxis, Assistant City Manager Housing & Community Development Staff: Maria L. Ruiz, Director Alejandro Ballina, CDBG Coordinator A. Richard Bowman, HOME Coordinator Alice Waters, Financial Analyst Omar Barrera, Office Associate V Gianina Ghirardi, Office Associate lll g MIAMIBEACH City of Miami Beach/ Housing and Community Services174 Annual Federal Entitlement Funds Application - February 2015 Notice of Funding Availability (1 of 3) The City of Miami Beach is an entitlement grantee of federal funds. lt receives an annual allocation of funding for the HOME lnvestment Partnership Program (HOME) and Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD). The City is entitled to these funds because its population, housing and/or demographic characteristics meet the formula requirements needed to obtain funding. HUD requires the City complete a five-year Consolidated Plan that includes a housing assessment, market analysis and assessment of community development needs. The Consolidated Plan is meant to address the needs of low- and moderate- income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and objectives for community development programs and sets the framework for subsequent One Year Action Plans that describe specific activities that will be funded through the City's HUD-funded grant programs. As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum feasible priority to activities which: I Benefit low- and moderate-income persons and households; , Aid in the prevention or elimination of slums and blight; or i Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those which have no other financial resources available. The City of Miami Beach is projecting the availability of the following FY 2075/16 funds subject to the availability and allocation by HUD: HOME Entitlement City Administration (10%) CHDO Set Aside (15%) s 5 s 437,404 46,042 55,611 The City obtained authorization from the Mayor and City Commission on February LL,2OLS to issue the attached Request For Proposals (RFP) to solicit eligible affordable housing, capital and public service projects within the City. February tL,2OtS Authorization from the Mayor & Commission to issue RFp February 13,2015 RFP lssued February 26,zOtS Applicant conference to address RFP questions convened - Attendance is Mandatory March 2O,2Ol5 Last day for written questions April3,2015 Deadline for receipt of RFP applications April 5 - April 17, 2015Staff review of applications May 13,2015 June 10,2015 June 11,2015 Meeting of Affordable Housing Advisory Committee to review applications and make funding recommendations to the Mayor and Commission Submit funding recommendations to Mayor & Commission for award Commence 30-Day Comment Period City of Miami Beach/ Housing and Community Services175 Annual Federal Entitlement Funds Application - February 2015 Notice of Funding Availability (2 of 3) Eligible Categories for Use of HOME Program funds under this RFP . Rehabilitation of existine multi-familv buildinss (more than 4 units) Rehabilitation of existing multi-family buildings to provide safe, decent, sanitary rental housing to income-eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. . Acquisition and rehabilitation of existine multi-familv buildines (more than 4 units) Existing multi-family buildings may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income- eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units. . Acquisition and rehabilitation of existins scattered units Single-family housing (including condominium units) may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income-eligible tenants and first-time eligible homebuyers. HOME-Assisted Units Proposed projects which contain all HOME-assisted units or mixed-income units will be considered. Refer to CPD Notice 98- 02 "Allocating Costs and ldentifying HOME Assisted-Units in Multi-Unit Projects". The number of HOME-assisted units in a project is based on the number of units that are acquired or rehabilitated with HOME funds. These units are subject to rent, occupancy, per unit subsidy limits, and resale/recapture restrictions. Period of Affordability Under the HOME Program, HOME-assisted units must meet certain Minimum Affordability Requirements beginning after project completion. However, the City of Miami Beach requires that the affordability period be extended for a minimum term of thirty (30) years. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. To enforce the affordability and income eligibility requirements, the City will require the property owner to execute a Mortgage and Security Agreement, and a Promissory Note, which will be recorded in the public records as a lien against the property. HOME Income timit Set-Aside Requirements The HOME Program requirements for unit occupancy and affordability apply at the time of occupancy or at the time HOME funds are invested, whichever is later, and throughout the period of affordability. HUD periodically publishes income limits for the HOME Program. At the time of the initial rent-up, housing will qualify as affordable only if the project is configured as follows: 1) At least 20 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent or less of the Area Median lncome, adjusted for family size; and 2) At least 90 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent or less of the Area Median lncome, adjusted for family size. City of Miami Beach/ Housing and Community Services176 Annual Federal Entitlement Funds Application - February 2015 Notice of Funding Availability (3 of 3) Long Term Occupancy Requirements After projects are initially occupied, owners are required to maintain occupancy of units by low and very low-income persons for the period of affordability as specified above. Project owners are responsible for maintaining the correct number of High and Low HOME rent units, establishing systems to recertify tenant income on an annual basis, and adjusting rents for over- income tenants when required. Applicant Conference - Mandatory Applicant's responding to this RFP must attend the Applicant Conference scheduled for February 26,2015 at 9am at the Housing & community services conference Room, located at 555 - 17th street. The conference will review application requirements, use of the provided form, and address applicant questions. This is the only public event for the purposes of addressing questions, concerns or clarification regarding the RFP. At the conference, attendees will be provided with a submission code that must be inserted in the designated area within the Applicant lnfo(rmation) tab to enable submission of the application. Once the RFP is issued, comments raised outside of the Applicant Conference will be addressed via email. euestions can be posed by sending an email to mariaruiz@miamibeachfl.sov. Replies will be provided and shared with all Applicant Conference attendees within 48 business hours. The last date to submit written questions is March 20,2OLS. City of Miami Beach/ Housing and Community Services177 Annual Federal Entitlement Funds Application - February 2014 Priorities ln order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable success in project implementation, the following broadly defined priorities and operational imperatives have been established in the City's FY 2013-17 Consolidoted Plon and summarized for purposes of this RFP as: i Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach I Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and provide planning and administrative support. ) Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the preservation of historic structures. Operational lmperatives ln order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have been established in the FY 2013-77 Consolidoted Plan and City processes: ) Recipient organizations must have acceptable past and/or current performance on similar projects. ) As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed project. ) Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and demonstrated past financial stability (as evidenced in its past two agency fiscal audits). , Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed project, i.e. City funds are the last needed to complete the project. ) Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review which includes a certified Sources and Uses Summary ) Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed project , Housing development and property improvement programs are expected to use quality, long-lasting methods and materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the proposed project , The cost of providing housing or services will be considered in evaluating applications and must meet HUD guidelines + Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional services. i Funded activities must meet a National Objective within two years of funding award. Further priority is given to those established housing needs for which there is currently insufficient assistance including: 1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers 2 Multi-family Housing rehabilitation ln addition, the City will prioritize awards to those projects that align with its Key lntended Outcomes (KtO) as defined in its current Strategic Plan .The City's l(lOs can be found in its own tab within this workbook. City of Miami Beach/ Housing and Community Services178 Annual Federal Entitlement Funds Application - February 2015 Eligible Activities The primary objective of the HOME program is to provide safe, decent and affordable housing to low- and moderate-income persons and households who earn at or below 80% of the median income. Funded activities must deliver affordable, decent, safe and sanitary housing for tow- and moderate-income househotds in the City of Miami Beach. Applicable lncome Tables are referenced in the corresponding tab in this workbook. City of Miami Beach/ Housing and Community Services179 Annual Federal Entitlement Funds Application - February 2015 Application lnstructions (1 of 2) This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant lnformation tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. Threshold items determining the Applicant's responsiveness are indicated as Required Items requiring signatures are noted as Signatures Needed. A drop-down menu is provided for each item to enable easy labeling as submitted or not. Please ensure to update the status for each item. ln addition, we have left open spaces in the event that the applicant wishes to attach additional items not uested in the RFP Checklist All shaded areas require a response. Those areas in require a manual input. Items shaded in green require use of the drop-down menu provided. Applicant lnfo(rmation) Do NoT ALTER ANy AREA SHADED !N RED. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copv format. The Applicant name is auto-populated once you have completed the previous tab. As you provide the Project Synopsis in the green shaded space provided, please be succinct but complete in your narrative and run spellcheck before finalizing. lf you have a Physical Needs Assessment for the proposed project, please include as an Project Overview attachment. For Project Partners, list each entity separately and use the drop-down menu to indicate the type of support provided from each. ln the final column, please list the cash value of the entity's support. DO NOT ATTER ANY AREA SHADED IN RED. Please note there are two pages to this section. Project lmpact Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. Please note there are two pages to this section. Applicant Experience Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. The Budget form has five columns. The first column should list all of the entities providing cash, financing or in-kind leverage to the proposed project. The second column, "Confirmed Receipt", enables you to insert the dollar value of any commitment that has been secured. Proiect Budget The third column, "Pending Receipt", enables you to insert the value of any projected funds that have yet to be secured but may be reasonably expected. The fourth column, "City Request" enables you to insert the value of funds requested from the City through this RFP process. DO NOT ALTER ANY AREA SHADED IN RED. City of Miami Beach/ Housing and Community Services180 Annual Federal Entitlement Funds Application - February 2015 Application lnstructions (2 of 2l ln the column labeled "Line ltem Category," list the various project expenses using drop-down menu provided. ln each of the following columns to the right, and under "Fund Source", insert the name Sources & Uses the funding entity and then below the respective amounts allocated to each line item. A second page is provided if your project has more than five (5) funding sources. Make sure that both the person preparing the application and the agency's authorized tory sign this section once printed in hard copy format. Using the drop-down menus provided, answer each area shaded in green. Provide a brief but succinct narrative in the space provided that explains how you agency will measure its impact on the City's Key lntended Outcomes selected. Affidavit 1 Review and provide signatures requested. Affidavit 2 Review and provide signatures Affidavit 3 Review and provide signatures requested. Review and4 The following attachments are required and must be submitted with the one (1) original hard copy application and two copies. These attachments should be placed directly following Affidavit 4 with the hard copies. 1. Agency's Articles of lncorporation in their entirety. 2. A current list of the Applicant's Board of Directors and their respective affiliation(s). 3. The Applicant's last two (2) annual financial audits. 4. Letters of commitment/award, contracts or other documents attesting to the evidence of matching/in-kind funds. Resources or financing. ile a Subsidy Layering Review is not required at the time of application, it is encouraged as a means of reviewing the project's fiscal viability. lf provided, this document should follow the required attachments. lf the applicant wishes to submit additional documents, they may do so. lf provided, these should follow the required attachments. Applicants must submit their application(s) as follows: ! One (1) original hard copy with authorizing signatures in blue ink. ! One (1) duplicate hard copy of the original hard copy application. ! One digitalcopy in Excelformat of the application with attachments in PDF format on CD ROM. Via Hand Delivery: Office of Housing & Community Development, 555 - 17th Street, Miami Beach, Florida 33139. Receipt is made weekdays, 9am to 4pm excluding legal holidays. Via Mail Delivery: Office of Community Development, 1700 Convention Center Drive, Miami Beach, Florida 33139 City of Miami Beach/ Housing and Community Services181 Annual Federal Entitlement Funds Application - February 2015 General lnformation (1 of 4) The following funding is available through this RFP: HOME Entitlement City Administration (10%) S CHDO Project Set Aside (15%) S 460,426 46,O42 69,064 Please note thot these funds ore estimates ond subject to ovailability ond ollocation by HUD. Determination of Appropriateness Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible activity as defined by HUD regulations. Projects must result in the creation of safe, sanitary, decent and affordable housing to low- and moderate-income persons and households who earn at or below 80% of the median income. Deadline for Submission Responses to this RFP are due Friday, April 3, 201,4 at 3:00pm at the Office of Housing & Community Services located at 555 - 17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community Development, Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Late applications will not be accepted. FatalFlaws The following errors, omissions and/or conditions are considered fatal flaws preventing applications from consideration for funding: ! lncomplete applications (missing any section of the application or omission of required attachments) ! Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership ! erolects with funding gaps despite the potential award of City funds Submission Requirements Applicants must submit their application(s) as follows: n One (1) original hard copy with authorizing signatures in blue ink. ! One (1) duplicate hard copy of the original hard copy application. tr One digital copy in Excel format of the application with attachments in PDF format on CD ROM. Directions for Completing the Application This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant lnformation tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. City of Miami Beach/ Housing and Community Services182 Annual Federal Entitlement Funds Application - February 2015 General Information (2 of 4) Modifications/Withdrawals of Proposals An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until the Application due date and time. Modifications received after the Application due date and time will not be considered. Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after expiration of !2O calendar days from the opening of Applications without a contract award. Letters of withdrawal received after the Application due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP Postponement/Cancel lation/Rejection The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFp; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a result of this RFP. Costs !ncurred by Applicants All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Applicant, and shall not be reimbursed by the City. Exceptions to RFP Applicants must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Application. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require the Applicant to comply with the particular term and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on the RFP). Florida Public Records Laws Applicants are hereby notified that all Applications including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida public Records Law including, without limitation, Chapter 119, Florida Statues. Negotiations The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Applicants that by submitting a Application, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. Observance of Laws Applicants are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFA (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Applicant will in no way relieve it from responsibility for compliance. City of Miami Beach/ Housing and Community Services183 Annual Federal Entitlement Funds Application - February 2015 General lnformation (3 of 4) Conflict of tnterest All Applicants must disclose, in their Application, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Applicants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Applicant entity or any of its affiliates. These same provisions apply for any vendors contracted with these funds who may have an interest, directly or indirectly, with the Applicant. Disclosures must be submitted in writing, on Applicant letterhead, at the time of proposal submission. Applicant's Responsibility Before submitting a Application, each Applicant shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Applicant from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Applicant. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.OL7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. American With Disabilities Act (ADA) Call (305) 673-726O|VO|CE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-763L. Acceptance of Gifts, Favors, Services Applicants shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Application. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. Procurement While all funded agencies will be required to adhere to procurement guidelines established by HUD, Applicants are advised that the City reserves the right to proactively review your procurement practices including review of your bid documents prior to public issuance. Developer's Fees Developer's Fees are capped at 15 (fifteen) percent of project costs, proportional to each funding source. City of Miami Beach/ Housing and Community Services184 Annual Federal Entitlement Funds Application - February 2015 General lnformation (4 of 4) Contingency Funds The City reserves the right to require prior City Manager approval for the expenditure of any funds assigned as contingency. Please note that executed Professionol Justification Affidovits will be required for any expense drawn from contingency funds. Proiects with Multiple Funding Sources Funded projects with two or more funding sources will be required to submit to the City copies of draws/reimbursement packages submitted to other funding sources to ensure fidelity to single billing standards. Leadership in Energy and Environmental Design (tEEDl The U.S. Green Building Council is a non-profit community of leaders working to make green buildings available to everyone. The U.S. Green Building Council developed the Leadership in Energy and Environmental Design (LEED) Green Building Rating System to encourage sustainable green building and development practices. LEED is a third-party certification program and the nationally-accepted benchmark for the design, construction and operation of high-performance green buildings. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: 1. Sustainable site developmen! 2. Water savings; 3. Energy efficiency; 4. Materials selection; and 5. lndoor environmental quality. LEED is a point-based system where projects earn LEED points for satisfying specific green building criteria. Within each of the six LEED credit categories, projects must satisfu particular prerequisites and earn points. The six categories include: 1. Sustainable Sites; 2. Water Efficiency; 3. Energy & Atmosphere;4. Materials & Resources; 5. lndoor Environmental Quality; and 5. lnnovation in Design. The number of points the project earns determines the level of LEED Certification the project receives. LEED certification is available in four progressive levels: 1. Platinum; 2. Gold; 3. Silver; and 4. Certified Environmental benefits. LEED offers several benefits to the developer, tenant and community including, but not limited to: . Enhances and protects ecosystems and biodiversity . lmproves air and water quality . Reduces solid waste . Conserves natural resources . Reduces operating costs . Enhances asset value and profits . lmproves employee productivity and satisfaction . Optimizes life-cycle economic performance . lmproves air, thermal, and acoustic environments . Enhances occupant comfort and health . Minimizes strain on local infrastructure . Contributes to overall quality of life The City will award bonus points for projects that include LEED certification as a project outcome. City of Miami Beach/ Housing and Community Services185 Annual Federal Entitlement Funds Application - February 2015 Application Scoring Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit corporations or partnerships. Applicants must have a minimum of five (5) years of experience in the acquisition and rehabilitation of owner-occupied affordable housing and/or first-time homebuyer programs. Selection criteria will include, but is not limited to: 1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if applicable 2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal regulations 3. Ability to comply with the City's reporting requirements 4. Total project cost 5. Total number of units 6. Leveraging 7. Ability to conform to the City's plan for spatial de-concentration 8. Ability to provide homeowners with HUD-Certified Homeownership Counseting 9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting 10. Ability to demonstrate that the organization participates in the Welfare Transition Program The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated plan. All eligible applications will be submitted to the City's Affordable Housing Advisory Committee. The Committee will review all applications in accordance with the criteria as outlined in the RFp. Sections within the RFP are weighted and their respective values are noted below: Applicant lnfo(rmation) Project Overview Project lmpact Applicant Experience Project Budget Sources & Uses 5 20 20 25 20 5 5 100 City of Miami Beach/ Housing and Community Services186 Annual Federal Entitlement Funds Application - February 2015 Scoring Criteria Proposals are scored based on the viability, fiscal soundness and capacity of the applicant. The following factors are considered by staff in evaluating applications: Site Control The Applicant should have site control of the property being improved. This can be either as the owner of the property or as the Developer (memorialized through Memoranda Of Understanding or development agreement). Permits Have permits been obtained for the project? This provides progress context for the evaluation. lnfrastructure ls there appropriate infrastructure or access to infrastructure? This provides viability perspective. Project Size How many units of affordable housing will be created/preserved? This determines impact. Funding Has all project funding been secured? This addresses viability and Applicant capacity. Leverage How much money is needed from the City? The lower the ratio to cash-in-hand, the stronger the proposal. Experience How long has the Applicant developed affordable housing? What success has been achieved? This speaks to experience, capacity and project viability. Work History How many units of affordable housing has the Applicant produced? This speaks to capacity and experience. Energy Efficiency Features Has the Applicant incorporated energy efficient features whenever possible? This speaks to project longevity. City of Miami Beach/ Housing and Community Services187 q q, .9 E\o-c. ttlH}GJ '=co='trE (oE =8E; B.(o 'JP'-ri =o- rrtr!ci t'rN(u ho =gF -cl E.9(U .=OEEo =PqcL (J :oijsc t,., fL:o -c l'- qJt^tro-glrE_1g-cFluogEgoEE E<rcFlco lroD 4 o C)c! F.'N oo F{ od fr') <.fi >sct se.E}Eo5ig9E EE x UJ 188 Annual Federal Entitlement Funds Application - February 2015 Uniform Relocation Assistance (URA) lf a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the URA. 1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is made. 2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances are changed by a project - either by higher rents or involuntary moves - must be protected and compensated. 3. The relocation rules are not all one-sided. There are actions that can be taken to control costs and prevent displacement. These actions include informing tenants about the project, treating them fairly during the process, staging work if it is feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the process. 4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers can alltake actions which can incur a financial liability. Displaced tenants are entitled to 42 ot 50 months of rental assistance depending on the situation. Many claims exceed 510,000. Although some claims are unavoidable, there is no reason to incur these costs by failure to follow the rules. 5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction timing and project feasibility can be considered before they are a crisis. 6. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work. The Developer and the City must work together. 7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information about the pending application. lf the project is approved, they must be advised about any changes that will occur to their situation. lf they are not advised - and move - they could claim that they were displaced even if that was not intended and they could be eligible for considerable financial compensation. lf they must be displaced, they must be offered a comparable replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to them. City of Miami Beach/ Housing and Community Services189 Annual Federal Entitlement Funds Application - February 2015 Applicant lnformation Applicant Name: Applicant Address: Telephone Number: Executive Director: Contact Person: Board Secretary: Employer ldentification Number: ls applicant a CHDO for the City of Miami Beach: Fax Number: E-MailAddress: E-MailAddress: E-MailAddress: Corporate Status: Submission Code: Applicant's Articles of lncorporation nternal Revenue Services (lRS) Designation Letter 3urrent Board of Director's Membership with Professional Affiliations Proposed Project Summary Project Location (Address & Zip Code): Project Category: Project Type: #of Units to be Created/Rehabilitated: Project Budget: Amount of Secured Funding: Amount of Funding Requested from City: Agency Budget:s S s Subsidy Layering Review completed within past sixty (50) days On behalf of the applicant organization, we certify that all of the information contained in this application is true and accurate. We further understand that the material omission or inclusion of false information contained in this application constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an application, we, as the authorized representatives for the organization, are accepting the terms and conditions as they appear in the Request For Proposals February 2015. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Project Funding Level: City Funding level: Cost P/Unit: Project Outlook: #Dtv/o! #Drv/o1 City of Miami Beach/ Housing and Community Services 5 Points 190 Annual Federal Entitlement Funds Application - February 2015 Submission Checklist Please verify that the following has been completed and submitted by the submission deadline as noted: Applica nt I nfo( rmation) (Signatures Needed) - Req u i red Submission Checklist (Signatures Needed) - Required Project Overview - Required Project lmpact - Required Applicant Experience - Required Project Budget - Required Sources & Uses (Signatures Needed) - Required Priority Alignment - Required Affidavit 1{Signatures Needed) - Required Affidavit 2 (Signatures Needed) - Required Affidavit 3 (Signatures Needed) - Required Affidavit 4 (Signatures Needed) - Required Applicant's Articles of lncorporation - Required Applicant's lnternal Revenue Services Designation Letter - Required Current Board of Director's with Professional Affiliations - Required Physical Needs Assessment - Required Applicant Agency's Last Two Annual Audits - Required Evidence of Matching Funds/Leverage - Required Title, Mortgage or Other Proof of Property Ownership/Control - Required Subsidy Layering Review - Optional Project Renderings - Optional Building Permits, if obtained - Optional Property Appraisal - Optional Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/ Housing and Community Services191 Annual Federal Entitlement Funds Application - February 2015 Project Overview Applicant: 0 Project Type: Project Synopsis ln the spoce below, provide o brief synopsis of your proposed project including current stotus, locotion, scope ond beneficiories. Project's IEED Certification Sought: Physical Needs Assessment (conducted by third party) Title, Mortgage or Other Proof of Property Ownership/Control Pleose list the entities providing cosh, financing ond other support to proposed proiect. FiscalCheck:#VALUE! 20 Points City of Miami Beach/ Housing and Community Services192 Annual Federal Entitlement Funds Application - February 2015 Project lmpact ( 1 of 2) Applicant: ln the spoce below, onswer the following questions ond provide ony odditionol informotion regarding the project's impoct: 1. Describe the scope of your proposed project including a summary of planned construction goals. 2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent). City of Miami Beach/ Housing and Community Services 10 Points 193 Annual Federal Entitlement Funds Application - February 2015 Project lmpact (2 of 2l Applicant: 0 ln the spoce below, onswer the following questions ond provide any odditional informotion regording the project's impact: 1. Describe if tenants will be relocated and, if so, summarize relocation plan. 2. Provide a brief project timeline. City of Miami Beach/ Housing and Community Services 10 Points 194 Application for Recaptured Federal Funds - February 2014 Applicant Experience (1 of 2) Applicant: 0 ln the spoce below, onswer the following questions ond provide any odditionol informotion regarding opplicant experience. 1. Describe experience in developing, rehabilitating and/or managing affordable housing. 2. Provide specific examples of successful projects. City of Miami Beach/ Housing and Community Services 10 Points 195 Application for Recaptured Federal Funds - February 2014 Applicant Experience (2 of 2l Applicant: 0 ln the spoce below, onswer the following questions ond provide any odditionol informotion regarding applicont experience. 1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples. City of Miami Beach/ Housing and Community Services 15 Points 196 oo'= L\-o-c. lutH}(U'=co=,=E (oE =8E;>(!oP,d =o I OJ (!o tr (U o- ooc'fr Lo P) rtso oL J (!c .90t1 <t\ tr\ <lt <r> {J\ <t\ <.r1 {.4 {/} <.r> <r} <r} <lt v> lJ} <r> <t} <.rt !} 1.r\ 4J\ tttttttttt lllrttttt tttttttltt llrrtttttt tttr !\ <.fi <.f> <J\ <J> <r> 14 {f> g\ 1fi <tb <l> 1r\ <rt <.ft {t> <r\ <l\ <.f> <.f> <l\ rh c q., Eo (E .Yc(! -o "i oIAvt(! 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E Et: E -e(J==t^E ,i 'iE.9u7itE O Noi 'F *-E€ ^- u-crLofEJO: b 3iE 8 PE5 5 EEE= d Es ru ln E I F{eq = .*E.E 6 g-r 6 :g(DoLrthfE b8 =gl!: i Bt4 VtIq,sb qJ G)Bo- +rxqJq qJt45 qJ GqJ o. io u0o .E(., 1o(, oI. o00o o(, Eo P-o (E.= .9Jao- {/} {/} {r} <l> 1/} <rt <rb <.r> <r} <rt <r> <.rt !} <ut <rb lc} 1r} <rt <t} <r} gt lrrttttttttttrttttttt <l\ <J\ <r> <,r> <t\ <r\ <rt <tt |J\ Itt <.rb v> <J\ Ct <.D <rt <J\ <r> <.rt <,r\ 1t!} <l\ <r> <,rt <lt v\ <rt <.rt <t\ <J\ <r> <r> <h {r} {.r} {.,} <r} <.t} <,rt <t} .4 <D o (Eo t(!C ooc L(o CLoLo- o 0) J l!c .9pta (u Pi: o E(!z198 qo EEr r r r r r r r r r r r r r r I r r r r r 0J.Lgg =Lae uo utCv !20)Lt^ =cu- - v} <l\ 1r> <r> <.rb <,t\ <r> <r\ <J\ 1r> <r> <lt {> lrr <.i <r} 14 1r> <l> <lt <t} tlo.9 E\(u =vlH}@'=co='--E rot =8E;>(E'Ep ,6)o I l.f)FloN-(! LA OJLlJ- (!o r!a ttl6oE(J(!O,.eZ8= t^E'C5ou-o P- lncr)vEgE'E ]ac=ut EOU€Eo(JrtLq5Z .tt E io a0o o(, taoL' ot oh0o oL' Eo yo ro.=,gJEo- orO*t[r l r I r r l r r r r r r r r r r r r r r8-5E,;= goE ,3g =s- - (r1 <.r\ <.rb <rt <r> <t> {rt !} {G <lb 1r} .4 <.o <t} <r} <rt <.r> <r} <r> <rb !t} 6l, *l}r r I I tt I I I I I I rt I r I I I I I8- =E6JpE t- =s,ac- - {,r} 14 <rt <rb <r} <r> <rt <l} <ut 14 .Lrb <r} <rt <l} <t} <r} <rt <,tt </} <rt <rl l\oltbr r r r r r r r r r r r r r r r r r r r a8E:g ,53-^o EJ (/l t- =s,ac- - v} <r> 1rr <h <tb <l> {t <r> <.r> t,t} rr} {/} {.r} <J> {r> <.r> ttt <rt <.r> <tt <r} (oO +t!r r r r r l r r r r r r r r r r r r r r ag- =gtjA= h; .9 L =s,ir- - v} <r> <tt vt <ri <tt <h <.r1 {4 {.r} <rt <,t} <.D tr} <.r> <r> lrt <r> <r> v} <rl 199 Annual Federal Entitlement Funds Application - February 2015 Operating Budget Overview Pleose provide informotion regording the operating budget for the project once completed ond operationol. Gross Rent Vacancy Allowance Other lncome # of Units (Amount may not exceed 70 %) Describe: S S s S s S S S S S Management Fee AdditionalAdmin Costs Monthly Maintenance Extermination Landscaping Waste/Trash Removal Property lnsurance Real Estate Taxes Other: Specify in next cell Other: Specify in next cell Other: Specify in next cell Other: Specify in next cell Other: Specify in next cell Assign fixed monthly volue (This moy include legol, occounting, odvertising, etc.) lf less than monthly, pro-rote lf less thon monthly, pro-rote Provide estimated volue, if opplicable s S s s s s s s s S s s S Mortgage: lnsert Bank in Next Cell Mortgage: lnsert Bank in Next Cell Other: Specify in Next Cell Other: Specify in Next Cell Other: Specify in Next Cell s S s S s City of Miami Beach/ Housing and Community Services200 Annual Federal Entitlement Funds Application - February 2015 Priority Alignment Housing Type Being Proposed: Project Location: Beneficiaries (List All): The City of Miami Beach has achieved a great deal by staying focused on its mission, vision and strategic priorities. By using performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have seen significant improvements since its plan was chartered. As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan. At a minimum, you must select one Key lntended Outcome (KlO) that your project will address. Extra points will be awarded for your ability to address additional KlOs. Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals. Primary KIO Proposed Project WillAddress: Secondary KIO Proposed Project WillAddress: Tertiary KIO Proposed Project WillAddress: ln the space provided below, please describe the measures you will use to quantify your impact on the selected KlOs above. Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants served. City of Miami Beach/ Housing and Community Services 5 Points 201 Annual Federal Entitlement Funds Application - February 2015 Acknowledgement of Application Submission Applicant: As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami Beach Request For Proposals for Recaptured HOME funds and agree to the terms, specific limitations, and conditions expressed herein. ln addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer as attached. Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied, we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of relocation assistance that may be needed. BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and labeled as "Affidavits" and, if awarded HOME funds, the Applicant will be able to comply fully with the provisions of those certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and sources and uses may be requested prior to final finding determinations. The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant and may require Applicant to submit documentation verifying such authority. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/ Housing and Community Services202 Annual Federal Entitlement Funds Application - February 2015 Affidavit of Compliance with Federal, State and Local Regulations Applicant: 0 The undersigned certify that the information in this application is true and correct. The undersigned further certify that they are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions or intentionally misrepresented facts on tihs application, this application will be rejected and the applicant agency may be unable to participate in any City-funded program for two (2) complete fiscal years. lf applying for HOME lnvestments Partnership Program funds, the applicant via the undersigned certify that it has read, understands and agrees to comply with the provisions of 24 CFR 92, and all federal regulations issued thereto by the United States Department of Housing and Urban Development (HUD). The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and laws. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services203 Annual Federal Entitlement Funds Application - February 2015 Disclosure and Disclaimer Applicant: This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's information and convenience. Any action taken by the City in response to applications made pursuant to this RFA or in making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in withdrawing or canceling this RFA, either before or after issuance of an award(s), shall be without any liability on the part of the City. The contents of this RFA are neither warranted nor guaranteed by the City. Applicants interested in pursuing this development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements made in this RFA and any supplements thereto. The City reserves the right to reject any and all applications for any reason, or for no reason, without any resultant liability to the City. ln its sole discretion, the City may withdraw the RFP either before or after receiving applications, may accept or reject applications, and may accept applications which deviate from the RFP as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting applications in response to this RFP. Following submission of an application, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the application and the applicant including the applicant's affiliates, officers, directors, shareholders, partners and employees as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective housing development entities. lt is the responsibility of the applicant to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFp. Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. prospective applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any application conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any award will be made. Any applicant to this RFP who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer, is totally relying on this disclosure and disclaimer, and agrees to be bound by the terms hereof. Any applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such application. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. lnformation is for guidance only and does not constitute all or any part of an agreement. The City and all applicants will be bound only as, if and when an application, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. City of Miami Beach/ Housing and Community Services204 Annual Federal Entitlement Funds Application - February 2015 Disclosure and Disclaimer Applicant: Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-sunshine Law, and all applications and supporting documents shall be subject to disclosure as required by such law. All documents received by the City shall become public records. Applicants are expected to make all disclosures and declarations as requested in this RFA. By submission of an application, the applicant acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the application, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application is true, accurate and complete to the best of its knowledge and belief. Notwithstanding the foregoing or anything contained in the RFP, all applicants agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP or any response thereto or any action or inaction by the City with respect thereto, such liability shall be limited to S1O,OOO.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this disclosure and disclaimer which imposes no liability on the City. ln the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services205 Annual Federal Entitlement Funds Application - February 2015 General HOME Program Requirements (1 of 3) HOME Per-Unit Subsidy Amount The maximum amount of HOME funds that may be invested on a per-unit basis may not exceed a per-unit dollar amount established by HUD. Rental Housing Referto the HOME Program Final Rule,24 CFR Part92,992.252 and $92.253 for Rental Housing project eualification and for Tenant Protections. Eligible Costs Refer to the HOME Program Final Rule, 24 CFR Part92, 592.205 for a list of eligible project costs. Prohibited Activities Refer to the HOME Program Final Rule, 24 CFR Part92,592.2t4 for a list of prohibited activities. Propefi Standards Property that is rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances prior to occupancy. Following rehabilitation, owners will be required to maintain projects in accordance with all applicable State and local quality standards and code requirements. Proposed rehabilitation projects must propose to remedy all outstanding code deficiencies. The project owner is responsible for ensuring compliance with these standards throughout the period of affordability. The City will conduct inspections of all HOME-assisted units according to the schedule required by the HOME Rule. Handicapped Accessibility Standards Rehabilitation projects funded with HOME funds are subject to the Uniform Federal Accessibility Standards (UFAS) under Section 504 of the Rehabilitation Act of 1973. Alterations are divided into two types: Substantial Alteration: (Regulatory Citation 24 CFR S.23(a)) Alteration in which the cost of the alterations to a facility of 15 or more dwelling units (including scattered site housing) equals or exceeds 75 percent of the replacement cost of the completed facility. Substantial alterations are subject to new construction accessibility requirements. Alterations that do not meet the definition of substantial (i.e., the development altered has less than 15 units, or the costs are less than 75 percent of the replacement cost of the completed facility) are covered by "other alterations." Other Alterations: (Regulatory Citation 24 CFR S.23(b)) Applies to multifamily housing developments of 5 or more dwelling units (including scattered site housing). These alterations to dwelling units must, to the maximum extent feasible, be made accessible to and usable by individuals with disabilities. A minimum of 5 percent of the total dwelling units in a building or development, with a minimum of one unit, must be made accessible for individuals with mobility impairments. ln addition to providing access to those with mobility impairments, when possible, the unit(s) shall also be pre-wired to facilitate the installation of auxiliary devices to assist the hearing and the visually impaired. Alterations to common areas such as entrances, lobbies, and recreation rooms must be made accessible to and usable by individuals with disabilities to the maximum extent feasible. City of Miami Beach/ Housing and Community Services206 Annual Federal Entitlement Funds Application - February 2015 General HOME Program Requirements (2 of 3) Labor Standards/Prevailing Wages Every contract for the construction (or rehabilitation) of housing that includes 12 or more units assisted with HOME funds is required to comply with federal regulations pertaining to labor standards, including the prevailing wage requirements as determined pursuant to Davis-Bacon (40 USC 276a-5). Equal Opportunity and Fair Housing Entities receiving HOME funds are required to comply with all City ordinances, federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. Affirmative Marketing The City has adopted affirmative marketing policies and requirements for rental and homebuyer projects containing S or more HOME-assisted housing units. Affirmative marketing consists of efforts to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, religion, sex, sexual orientation, handicap, familial status or national origin. Affirmative marketing requires that entities receiving HOME funds take every reasonable step to inform and solicit applications from persons in the available housing market who are not likely to apply for the housing without special outreach and advertising efforts. Entities receiving HOME funds will be required to comply with the City's affirmative marketing policies and will be required to submit an affirmative marketing plan for the funded project. Minority/Women Business Outreach Entities receiving HOME funds are required to undertake minority/women business outreach to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants and providers of legal services. Section 3 Section 3 of the Housing and Urban Development Act of 1958, as amended in L992, requires that economic opportunities generated by HUD financial assistance for housing and community development programs be targeted toward low and very low-income persons. Entities receiving HOME funds are required to comply with Section 3 which provides that, to the greatest extent feasible, opportunities for training and employment shall be given to lower-income residents of Miami Beach, and that contracts for work in connection with such projects be awarded to business concerns which are located in or are owned in substantial part by lower income Miami Beach residents. Lead-Based Paint Housing assisted with HOME Program funds is subject to the requirements of 24 CFR Part 35, as amended, and the Lead- Based Paint Poisoning Prevention Act as amended by Title X of the Housing and Community Development Act of 1992. Projects assisted with HOME funds may require notification to tenants, disclosure of lead-based paint information, identification of defective paint surfaces, treatment of defective surfaces, and response to children with elevated blood lead levels. On September 15, 1999, U.S. HUD issued the final rule entitled "Requirements for Notification, Evaluation and Reduction of Lead-Based Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance". This regulation sets new requirements to prevent childhood lead poisoning in housing assisted or being sold by HUD and other Federal agencies. City of Miami Beach/ Housing and Community Services207 Annual Federal Entitlement Funds Application - February 2015 General HOME Program Requirements (3 of 3) Debarment/Suspension Participants in the HOME Program must certify, pursuant to 24 CFR Part24, that neither they or their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered transaction. Other Federal Requirements There are a number of other federal requirements that apply to all HUD-funded programs including the implementation of HOME Program rental housing activities. Please acknowledgement acceptance and understanding of General HOME Program Requirements below. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services208 Annual Federal Entitlement Funds Application- February 2015 b -- :MIAMIBEACH City of Miami Beach Request for Proposals (RFP) FY L5/16 Community Development Block Grant (CDBG) Funds Deadline for Submissions: Frid dy, April 3,20L5 at 3:00pm must be received by 3:00pm on Friday, April 3, 2015. Any application received after that time will not The responsibility for submitting applications on or before the stated time and date is solely the the Applicant. The City will not be responsible for delays caused by mail, courier services or any other entity City of Miami Beach Office of Housing & Community Services 555 -17th Street Miami Beach, Florida 33139 Telephone: 305-673-7260 Fax: 305-604-242L website: www.miamibeachfl.gov Email: mariaruiz@miamibeachfl.gov City of Miami Beach/ Housing and Community Services209 Annual Federal Entitlement Funds Application- February 2015 Mayor & Members of the City Commission: Philip Levine, Mayor Michael Grieco, Commissioner Joy Malakoff, Commissioner Micky Steinberg, Commissioner Edward L. Tobin, Commissioner Deede Weithorn, Commissioner Jonah Wolfson, Commissioner City Administration: Jimmy L. Morales, City Manager Kathie G. Brooks, Assistant City Manager Jose Jimenez, Esq., Assistant City Manager Mark Taxis, Assistant City Manager Housing & Community Development Staff: Maria L. Ruiz, Director Alejandro Ballina, CDBG Coordinator A. Richard Bowman, HOME Coordinator Alice Waters, Financial Analyst Omar Barrera, Office Associate V Gianina Ghirardi, Office Associate lll g MIAMIBEACH City of Miami Beach/ Housing and Community Services210 Annual Federal Entitlement Funds Application - February 2015 Notice of Funding Availability (1 of 1) The City of Miami Beach is an entitlement grantee of federal funds. lt receives an annual allocation of funding for the HOME lnvestment Partnership Program (HOME) and Community Development Block Grant (CDBG) from the United States Department of Housing and Urban Development (HUD). The City is entitled to these funds because its population, housing and/or demographic characteristics meet the formula requirements needed to obtain funding. HUD requires the City complete a five-year Consolidated Plan that includes a housing assessment, market analysis and assessment of community development needs. The Consolidated Plan is meant to address the needs of low- and moderate- income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and objectives for community development programs and sets the framework for subsequent One Year Action Planes that describe specific activities that will be funded through the City's HUD-funded grant programs. As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum feasible priority to activities which: I Benefit low- and moderate-income persons and households; + Aid in the prevention or elimination of slums and blight; or I Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those which have no other financial resources available. The City of Miami Beach is projecting the followingFY 2OL5/L5 funds subject to the availability and allocation by HUD: CDBG Entitlement City Administration (20%) Public Services Cap (15%) 5 s $ 888,829 L77,766 L33,324 The City obtained authorization from the Mayor and City Commission on February LL,2OL5 to issue the attached Request For Proposals (RFP) to solicit eligible affordable housing, capital and public service projects within the City. February l1.,2OLs February 13,2015 February 26,2O!5 March 20,2OLs April 3,2015 April6 -L7,2OLs May 13,2015 June 10,2015 June 11,2015 Authorization from the Mayor & Commission to issue RFP RFP lssued Applicant conference to address RFP questions convened - Attendance is Mandatory Last day for written questions Deadline for receipt of RFP applications Staff review of applications Meeting of Affordable Housing Advisory Committee to review applications and make funding recommendations to the Mayor and Commission Submit funding recommendations to Mayor & Commission for award Commence 30-Day Comment Period City of Miami Beach/ Housing and Community Services211 Annual Federal Entitlement Funds Application - February 2015 Priorities ln order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable success in project implementation, the following broadly defined priorities and operational imperatives have been established in the City's FY 2OL3-17 Consolidated Plan and summarized for purposes of this RFP as: ) Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach ) Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and provide planning and administrative support. -) Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the preservation of historic structures. Operational lmperatives ln order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have been established in the Five-Year Consolidated Plan and City processes: ) Recipient organizations must have acceptable past and/or current performance on similar projects. t As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed project. t Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and demonstrated past financial stability (as evidenced in its past two agency fiscal audits). + Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed project, i.e. City funds are the last needed to complete the project. , Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review which includes a certified Sources and Uses Summary ) Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed project , Housing development and property improvement programs are expected to use quality, long-lasting methods and materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the proposed project + The cost of providing housing or services will be considered in evaluating applications and must meet HUD guidelines t Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional services. , Funded activities must meet a National Objective within two years of funding award. Further priority is given to those established housing needs for which there is currently insufficient assistance including: 1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers 2 Multi-family Housing rehabilitation Prioritv will be given to proiects that serve the North Beach area (33141) or predominantlv serve residents of this area. ln addition, the City will prioritize awards to those projects that align with its Key lntended Outcomes (KtO) as defined in its current Strotegic Plan .The City's KlOs can be found in its own tab within this workbook. City of Miami Beach/ Housing and Community Services212 Annual Federal Entitlement Funds Application - February 2015 Eligible Activities/ Priority Needs (Housing Needs - Page 1 of 2) Housing Needs in Miami Beach (Source: Carras Community lnvestment based on data from the 2000 U.S. Census, Claritas, lnc. and the U.S. HUD Comprehensive Housing Affordability Strategy (CHAS). .t l{tlrlna f,..d R.nbr ttlrrnr ?adlll ExEemdv Lowl neotne H ousdtol ds Elderly Households Households with any housino oroblems 65o/o 73o/o 67o/o With cost burden 65%7 1o/o 660/o With extreme cost burden 47%56%49o/o SmallRelated (24 memberc households) Households with any housing problems 87o/o 52o/o 83o/o With cost burden 760/o 52o/o 73o/o With extreme cost burden 7Oo/o 460/o 67o/o Large Related (5 or morc memberc householdsl Households with any housing problems lOOo/o 100%'looo/o With cost burden 8Oo/o lOOo/o 81o/o With extreme cost burden 80o/o lOOo/o 81o/o Other Households Households with any housino oroblems 59o/o 54o/o 58o/o With cost burden 55o/o 52o/o 54o/o With extreme cost burden 51%5Oo/o 51o/o Total Households Households with any housino oroblems 680/o 65o/o 68% With cost burden 640/o 630/o 64o/o With extreme cost burden 54o/o 54o/o 54o/o City of Miami Beach/ Housing and Community Services213 Annual Federal Entitlement Funds Application - February 2015 Application lnstructions (1 of 3) This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant lnformation tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. Threshold items determining the Applicant's responsiveness are indicated as Required Items requiring signatures are noted as Signatures Needed. Submission Checklist A drop-down menu is provided for each item to enable easy labeling as submitted or not. Please ensure to update the status for each item. ln addition, we have left open spaces in the event that the applicant wishes to attach additional items not specifically requested in the RFP. All shaded area require a response. Those areas in require a manual input. Items shaded in green require use of the drop-down menu provided. Applicant lnfo(rmation) DO NOT ATTER ANY AREA SHADED tN RED. Make sure that both the person preparing the application and the agency's authorized signatory sign this section once printed in hard copy format. The Applicant name is auto-populated once you have completed the previous tab. As you provide the Project Synopsis in the green shaded space provided, please be succinct but complete in your narrative and run spellcheck before finalizing. lf you have a Physical Needs Assessment for the proposed project, please include as an Project Overview attachment. For Project Partners, list each entity separately and use the drop-down menu to indicate the type of support provided from each. ln the final column, please list the cash value of the entity's support. DO NOT ATTER ANY AREA SHADED IN RED. Please note there are two pages to this section. Proiect lmpact Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. Please note there are two pages to this section. Applicant Experience Be certain to answer the questions asked fully. Be succinct but complete in your narrative and run spellcheck before finalizing. The Budget form has five columns. The first column should list all of the entities providing cash, financing or in-kind leverage to the proposed project. The second column, "Confirmed Receipt", enables you to insert the dollar value of any commitment that has been secured. Proiect Budget The third column, "Pending Receipt", enables you to insert the value of any projected funds that have yet to be secured but may be reasonably expected. The fourth column, "City Request" enables you to insert the value of funds requested from the City through this RFP process. DO NOT ATTER ANY AREA SHADED IN RED. City of Miami Beach/ Housing and Community Services214 Annual Federal Entitlement Funds Application - February 2015 Application Instructions (2 of 3) ln the column labeled "Line ltem Category," list the various project expenses using the drop-down menu provided. ln each of the following columns to the right, and under "Fund Source", insert the name the funding entity and then below the respective amounts allocated to each line item. Sources & Uses A second page is provided if your project has more than five (5)funding sources. Make sure that both the person preparing the application and the agency's authorized this section once printed in hard coov format. Using the drop-down menus provided, answer each area shaded in green. Alignment Provide a brief but succinct narrative in the r:'1,:r sp?c€ provided that explains how your agency will measure its impact on the City's Key lntended Outcomes selected. Run spellcheck before finalizing your narrative. Affidavit 1 Review and provide signatures requested. Affidavit 2 Review and provide signatures requested. Affidavit 3 Review and provide signatures requested. Affidavit 4 Review and provide siqnatures requested. City of Miami Beach/ Housing and Community Services215 Annual Federal Entitlement Funds Application - February 2015 General lnformation (1 of 3) The following funding is available through this RFP, contingent upon final approval by HUD: CDBG Entitlement s 989,829 City Administration (20%) S r77,766 Public Services Cap (15%) S f 33,324 Determination of Appropriateness Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible activity as defined by HUD regulations. CDBG projects must meet one of the three NationalObjectives. Deadline for Submission Responses to this RFP are due Friday, April 3, 2015 at 3:00pm at the Office of Housing & Community Services located at S55 - 17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community Services, Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139. Late applications wil! not be accepted. FatalFlaws The following errors, omissions andlor conditions are considered fatal flaws preventing applications from consideration for funding: ! lncomplete applications (missing any section of the application or omission of required attachments) ! Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership ! Rrolects with funding gaps despite the potential award of City funds Submission Requirements Applicants must submit their application(s) as follows: ! One (1) original hard copy with authorizing signatures in blue ink. tr One (1) duplicate hard copy of the original hard copy application. D One digitalcopy in Excelformat of the application with attachments in RDP format on CD ROM. Directions for Completing the Application This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency name in the Applicant lnformation tab, the name will automatically populate in all other required areas. Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas shaded in red are auto-filled. Grey shaded areas require a text input by the applicant. City of Miami Beach/ Housing and Community Services216 Annual Federal Entitlement Funds Application - February 2015 General lnformation (2 of 3) Modifications/Withdrawals of Proposals An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until the Application due date and time. Modifications received after the Application due date and time will not be considered. Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after expiration of L2O calendar days from the opening of Applications without a contract award. Letters of withdrawal received after the Application due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. RFP Postponement/Cancel lation/Rejection The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a result of this RFP. Costs lncurred by Applicants All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Applicant, and shall not be reimbursed by the City. Exceptions to RFP Applicants must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Application. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require the Applicant to comply with the particular term and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on the RFP). Florida Public Records Laws Applicants are hereby notified that allApplications including, without limitation, any and all information and documentation submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida Public Records Law including, without limitation, Chapter 119, Florida Statutes. Negotiations The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to negotiate a contract. lt is also understood and acknowledged by Applicants that by submitting an Application, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. Observance of Laws Applicants are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFA (including, without limitation, the Americans with Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). lgnorance of the law(s) on the part of the Applicant will in no way relieve it from responsibility for compliance. City of Miami Beach/ Housing and Community Services217 Annual Federal Entitlement Funds Application - February 2015 General lnformation (3 of 3) Conflict of Interest All Applicants must disclose, in their Application, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Applicants must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Applicant entity or any of its affiliates. Applicant's Responsibility Before submitting a Application, each Applicant shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Applicant from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Applicant. Public Entity Crimes A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.0L7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. American With Disabilities Act (ADA) Call (305) 673-726O/VOICE to request material in accessible forma! sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-573-7637. Acceptance of Gifts, Favors, Services Applicants shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Application. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. City of Miami Beach/ Housing and Community Services218 Annual Federal Entitlement Funds Application - February 2015 Guidelines for Evaluating Economic Development Projects (1 of 3) I 570.209 Guidelines for evaluating and selecting economic development projects. The following guidelines are provided to assist the recipient to evaluate and select activities to be carried out for economic development purposes. Specifically, these guidelines are applicable to activities that are eligible for CDBG assistance under $570.203. These guidelines also apply to activities carried out under the authority of 5570.204 that would otherwise be eligible under S570.203, were it not for the involvement of a Community-Based Development Organization (CBDO). (This would include activities where a CBDO makes loans to for-profit businesses.) These guidelines are composed of two components: guidelines for evaluating project costs and financial requirements; and standards for evaluating public benefit. The standards for evaluating public benefit are mandatory, but the guidelines for evaluating projects costs and financial requirements are not. (a) Guidelines and objectives for evaluating project costs and financial requirements. HUD has developed guidelines that are designed to provide the recipient with a framework for financially underwriting and selecting CDBG-assisted economic development projects which are financially viable and will make the most effective use of the CDBG funds. These guidelines, also referred to as the underwriting guidelines, are published as appendix A to this part. The use of the underwriting guidelines published by HUD is not mandatory. However, grantees electing not to use these guidelines would be expected to conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. Where appropriate, HUD's underwriting guidelines recognize that different levels of review are appropriate to take into account differences in the size and scope of a proposed project, and in the case of a microenterprise or other small business to take into account the differences in the capacity and level of sophistication among businesses of differing sizes. Recipients are encouraged, when they develop their own programs and underwriting criteria, to also take these factors into account. The objectives of the underwriting guidelines are to ensure: (1) That project costs are reasonable; (2) That all sources of project financing are committed; (3) That to the extent practicable, CDBG funds are not substituted for non-Federal financial support; (4) That the project is financially feasible; (5) That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and (5) That to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project. (b) Standards for evaluating public benefit. The grantee is responsible for making sure that at least a minimum level of public benefit is obtained from the expenditure of CDBG funds under the categories of eligibility governed by these guidelines. The standards set forth below identify the types of public benefit that will be recognized for this purpose and the minimum level of each that must be obtained for the amount of CDBG funds used. Unlike the guidelines for project costs and financial requirements covered under paragraph (a) of this section, the use of the standards for public benefit is mandatory. Certain public facilities and improvements eligible under 5570.201(c) of the regulations, which are undertaken for economic development purposes, are also subject to these standards, as specified in 5570.208(aXaXviXfX 2 ). (1) Standards for activities in the aggregate. Activities covered by these guidelines must, in the aggregate, either: (i) Create or retain at least one full-time equivalent, permanent job per 535,000 of CDBG funds used; or (ii) Provide goods or services to residents of an area, such that the number of low- and moderate-income persons residing in the areas served by the assisted businesses amounts to at least one low- and moderate-income person per $3S0 of CDBG funds used. City of Miami Beach/ Housing and Community Services219 Annual Federal Entitlement Funds Application - February 2015 Guidelines for Evaluating Economic Development Projects (2 of 3) (2) Applying the aggregate standards. (i) A metropolitan city, an urban county, a non-entitlement CDBG grantee in Hawaii, or an lnsular Area shall apply the aggregate standards under paragraph (bX1) of this section to all applicable activities for which CDBG funds are first obligated within each single CDBG program year, without regard to the source year of the funds used for the activities. For lnsular Areas, the preceding sentence applies to grants received in program years after Fiscal Year 2OO4. A grantee under the HUD-administered Small Cities Program, or lnsular Areas CDBG grants prior to Fiscal Year 2005, shall apply the aggregate standards under paragraph (bX1) of this section to all funds obligated for applicable activities from a given granU program income obligated for applicable activities will, for these purposes, be aggregated with the most recent open grant. For any time period in which a community has no open HUD-administered or lnsular Areas grants, the aggregate standards shall be applied to all applicable activities for which program income is obligated during that period. (ii) The grantee shall apply the aggregate standards to the number of jobs to be created/retained, or to the number of persons residing in the area served (as applicable), as determined at the time funds are obligated to activities. (iii) Where an activity is expected both to create or retain jobs and to provide goods or services to residents of an area, the grantee may elect to count the activity under either the jobs standard or the area resident's standard, but not both. (iv) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying the aggregate standards. (v) Any activity subject to these guidelines which meets one or more of the following criteria may, at the grantee's option, be excluded from the aggregate standards described in paragraph (bX1) of this section: (A) Provides jobs exclusively for unemployed persons or participants in one or more of the following programs: 1 )Jobs Training Partnership Act (JTPA); 2 )Jobs Opportunities for Basic Skills (JOBS); or 3 ) Aid to Families with Dependent Children (AFDC); (B) Provides jobs predominantly for residents of Public and lndian Housing units; (C) Provides jobs predominantly for homeless persons; (D) Provides jobs predominantly for low-skilled, low- and moderate-income persons, where the business agrees to provide clear opportunities for promotion and economic advancement, such as through the provision of training; (E) Provides jobs predominantly for persons residing within a census tract (or block numbering area) that has at least 20 percent of its residents who are in poverty; (F) Provides assistance to business(es) that operate(s) within a census tract (or block numbering area) that has at least 20 percent of its residents who are in poverty; (G) Stabilizes or revitalizes a neighborhood that has at least 70 percent of its residents who are low- and moderate-income; (H) Provides assistance to a Community Development Financial lnstitution that serve an area that is predominantly low- and moderate-income persons; (l) Provides assistance to a Community-Based Development Organization serving a neighborhood that has at least 70 percent of its residents who are low- and moderate-income; (J) Provides employment opportunities that are an integral component of a project designed to promote spatial deconcentration of low- and moderate-income and minority persons; (K) With prior HUD approval, provides substantial benefit to low-income persons through other innovative approaches; (L) Provides services to the residents of an area pursuant to a strategy approved by HUD under the provisions of 591.215(e) of this title; City of Miami Beach/ Housing and Community Services220 Annual Federal Entitlement Funds Application - February 2015 Guidelines for Evaluating Economic Development Projects (3 of 3) (M) Creates or retains jobs through businesses assisted in an area pursuant to a strategy approved by HUD underthe provisions of 591.215(e) of this title. (N) Directly involves the economic development or redevelopment of environmentally contaminated properties. (3) Standards for individual activities. Any activity subject to these guidelines which falls into one or more of the following categories will be considered by HUD to provide insufficient public benefit, and therefore may under no circumstances be assisted with CDBG funds: (i) The amount of CDBG assistance exceeds either of the following, as applicable: (A) 550,000 per full-time equivalent, permanent job created or retained; or (B) 51,000 per low- and moderate-income person to which goods or services are provided by the activity. (ii) The activity consists of or includes any of the following: (A) General promotion of the community as a whole (as opposed to the promotion of specific areas and programs); (B) Assistance to professional sports teams; (C) Assistance to privately-owned recreational facilities that serve a predominantly higher-income clientele, where the recreational benefit to users or members clearly outweighs employment or other benefits to low- and moderate-income persons; (D) Acquisition of land for which the specific proposed use has not yet been identified; and (E) Assistance to a for-profit business while that business or any other business owned by the same person(s) or entity(ies) is the subject of unresolved findings of noncompliance relating to previous CDBG assistance provided by the recipient. (a) Applying the individual activity standards. (i) Where an activity is expected both to create or retain jobs and to provide goods or services to residents of an area, it will be disqualified only if the amount of CDBG assistance exceeds both of the amounts in paragraph (bX3Xi) of this section. (ii) The individual activity standards in paragraph (bX3Xi) of this section shall be applied to the number of jobs to be created or retained, or to the number of persons residing in the area served (as applicable), as determined at the time funds are obligated to activities. (iii) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying the individual activity standards in paragraph (bX3Xi) of this section. (c) Amendments to economic development projects after review determinations. lf, after the grantee enters into a contract to provide assistance to a project, the scope or financial elements of the project change to the extent that a significant contract amendment is appropriate, the project should be reevaluated under these and the recipient's guidelines. (This would include, for example, situations where the business requests a change in the amount or terms of assistance being provided, or an extension to the loan payment period required in the contract.) lf a reevaluation of the project indicates that the financial elements and public benefit to be derived have also substantially changed, then the recipient should make appropriate adjustments in the amount, type, terms or conditions of CDBG assistance which has been offered, to reflect the impact of the substantial change. (For example, if a change in the project elements results in a substantial reduction of the total project costs, it may be appropriate for the recipient to reduce the amount of total CDBG assistance.) lf the amount of CDBG assistance provided to the project is increased, the amended project must still comply with the public benefit standards under paragraph (b) of this section. (d) Documentation. The grantee must maintain sufficient records to demonstrate the level of public benefit, based on the above standards, that is actually achieved upon completion of the CDBG-assisted economic development activity(ies) and how that compares to the level of such benefit anticipated when the CDBG assistance was obligated. lf the grantee's actual results show a pattern of substantial variation from anticipated results, the grantee is expected to take all actions reasonably within its control to improve the accuracy of its projections. lf the actual results demonstrate that the recipient has failed the public benefit standards, HUD may require the recipient to meet more stringent standards in future years as appropriate. [60FR L947,Jan.5,1995, asamendedat60FR t7445,Apr.6, 1995;7L FR3OO35, May24,2006;72 FR 12535, Mar. 15,2007;72FR 46370, Aug. L7,2OO7l City of Miami Beach/ Housing and Community Services221 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 1 of 12) The following is a sample of Attachment A (General Requirements) for awarded contracts provided as reference: EXHIBIT "A" - "SCOPE OF SERVICES" Related Definitions: Davis-Bacon Act Compliance - The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of 52,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. Affordable housing rehabilitation projects of eight (8) or more units using CDBG funds must ensure Davis-Bacon Act compliance. Affordable housing rehabilitation projects of L2 or more units using HOME funds must ensure Davis-Bacon Act compliance. Environmenta! Review - Projects must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1,58.22,58.34, 58.35 and 570.504). Evidence of Procurement - All expenses incurred with grant funds require evidence of procurement according to this Agreement. Please carefully read the Agreement and related HUD rules to ensure compliance. HUD lncome Limits - The Sub-Recipient must ensure that HUD lncome Limits (household income) are utilized when determining client eligibility for HUD-funded services. lncome limits are posted further below. Monthly Progress Report - The Sub-Recipient is required to submit a monthly project progress report by thel0th of the following month. The report must be signed by the person who prepared the report as well as the agency's authorizing party. The report summarizes the progress made, expenses incurred and deliverables completed. This report must be completed regardless of whether or not funds are requested. Monthly Financial Report - The Sub-Recipient is required to submit a monthly financial report by the 10th of the following month regardless of whether or not funds are requested. The report delineates project expenses incurred including non-City funds and must include the corresponding evidence of expense incurred for any expense which is being submitted for reimbursement. Monthly Proformas - All Capital projects with multiple (more than one) funding sources require the submission of monthly proformas to the City. Professional Services Contracts - Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts must be submitted to the City prior to reimbursement request. Proof of lnsurance - Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be disbursed prior to submission of required insurance coverage. City of Miami Beach/ Housing and Community Services222 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 2 of 12) Retainage - All capital projects are subject to the withholding of 10 percent of appropriate expenses in the form of a retainage. All retained funds will be released when the project fulfills its National Objective. Section 3 Compliance - Any Agreement greater than 5200,000 that involves rehabilitation, housing construction, or other public construction, requires the Sub-Recipient complete and submit to the City Form HUD 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very-Low lncome Persons (OMB No. 2529-0043). Applicable Federal Regulations The Sub-Recipient must apply to all applicable federal regulations including: l. Non-Discrimination and Equal Access No person in the United States shall on the grounds of race, color, national origin, religion or sex be excluded, denied benefits or subjected to discrimination under any program funded in whole or in part by CDBG/HOME funds. The Provider must take measures to ensure non-discriminatory treatment, outreach and access to program resources. This applies to employment and contracting, as well as to marketing and selection of program participants. Fair Housing and Equal Opportunity The Provider must comply with all the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. They are summarized below: Title Vl of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.): States that no person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color or national origin. The regulations implementing the Title Vl Civil Rights Act provisions for HUD programs may be found in 24 CFR Part 1. The Fair Housing Act (42 USC 3501-3620): Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair Housing Act implementing regulations may be found in 24 CFR Part 100-115. Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order 122591: Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing regulations may be found in 24 CFR Part 707. Age Discrimination Act of 1975, As Amended (42 USC 5101): Prohibits age discrimination in programs receiving Federal financial assistance. Age Discrimination Act regulations may be found in 24 CFR Part 145. Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no person shall be excluded from participation in, denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG/HOME funds on the basis of race, color, religion, national origin or sex. Affirmative Marketing The Provider must adopt affirmative marketing procedures and requirements for all CDBG/HOME-assisted housing with five or more units. Requirements and procedures must include: City of Miami Beach/ Housing and Community Services223 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 3 of 12) 1. Methods for informing the public, owners and potential tenants about fair housing laws and the Provider's policies (for example: use of the Fair Housing logo or equal opportunity language); 2. A description of what owners and/or the Provider will do to affirmatively market housing assisted with CDBG/HOME funds; 3. A description of what owners and/or the Provider will do to inform persons not likely to apply for housing without special outreach; 4. Maintenance of records to document actions taken to affirmatively market CDBG/HOME-assisted units and to assess marketing effectiveness; and 5. A description of how efforts will be assessed and what corrective actions will be taken where requirements are not met. Handicapped Accessibility The CDBG/HOME regulations also require adherence to the three following regulations governing the accessibility of Federa I ly-assisted buildings, facilities a nd progra ms. Americans with Disabilities Act (42 USC L2131; 47 USC L55, ?.OL, 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, also referred to as the ADA, also states that discrimination includes the failure to design and construct facilities (built for first occupancy after January 25, 1993) that are accessible to and usable by persons with disabilities. The ADA also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Removal must be readily achievable, easily accomplishable and able to be carried out without much difficulty or expense. Fair Housing Act: Multi-family dwellings must also meet the design and construction requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19) Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap. Section 504 imposes requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Under Section 504, recipients and Sub-Recipients are not required to take actions that create unique financial and administrative burdens or after the fundamental nature of the program. For any Provider principally involved in housing or social services, 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 the Provider or the City. The ultimate beneficiary of the Federal assistance is not subject to Section 504 requirements. The Architectural Barriers Act of L968 (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. ll. Employment and Contracting The Provider must comply with the regulations below governing employment and contracting opportunities. These concern equal opportunity, labor requirements and contracting/procurement procedures. City of Miami Beach/ Housing and Community Services224 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 4 of 12) Equal Opportunity The Provider must comply with the following regulations that ensure equal opportunity for employment and contracting: Equal Employment Opportunity, Executive Order L7246, 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 510,000. lmplementing regulations may be found at 41 CFR Part 60. 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 CDBG/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 CDBG/HOME will be awarded to business concerns that are located in or owned by persons residing in the program service area. Minority/Women's Business Enterprise: Under Executive Orders 7L625, t2432 and 12138, the City and the Provider must prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)). Labor Requirements The Provider must comply with certain regulations on wage and labor standards. ln the case of Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for construction (in the case of residential construction, projects with eight or more units) triggers the requirements. Dovis-Bocon and Reloted Acts [40 USC 276(N-7): Ensures that mechanics and laborers employed in construction work under Federally-assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance, and excludes from the wage requirements apprentices enrolled in bona fide apprenticeship programs. Contract Work Hours and Sofetv Standords Act, as amended (40 USC 327-3331: Provides that mechanics and laborers employed on Federally-assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and provides for the payment of liquidated damages where violations occur. This act also addresses safe and healthy working conditions. Copelond (Anti-Kickbock) Act (40 USC 276d: Governs the deductions from paychecks that are allowable. Makes it a criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is entitled, and requires all contractors to submit weekly payrolls and statements of compliance. Foir Lobor Stondards Act gf 7938, As Amended (29 USC 201, et. seq.): Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and one-half. lt also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. Contracting and Procurement Practaces The CDBG/HOME programs are subject to certain Federal procurement rules. ln addition, the City and the Provider must take measures to avoid hiring debarred or suspended contractors or Sub-Recipients and conflict-of-interest situations. Each is briefly discussed below. City of Miami Beach/ Housing and Community Services225 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 5 of 12) Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit organizations receiving CDBG/HOME funds, the procurement requirements at 24 CFR Part 84 apply. Conflict of lnterest: The CDBG regulations require grantees (the City), state recipients and Sub-Recipients (the Provider) to comply with two different sets of conflict-of-interest provisions. The first set of provisions comes trom24 CFR Parts 84 and 85. The second, which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG regulations. Both sets of requirements are discussed below. - The provisions at 24 CFR 85.35 and 24 CFR 84.42 apply in the procurement of property and services by grantees (the City), state recipients, and Sub-Recipients (the Provider). These regulations require the City and the Provider to maintain written standards governing the performance of their employees engaged in awarding and administering contracts. At a minimum, these standards must: - Require that no employee, officer, agent of the City or the Provider shall participate in the selection, award or administration of a contract supported by CDBG/HOME if a conflict-of-interest, either real or apparent, would be involved; - Require that employees, officers and agents of the City or the Provider not accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to Sub-Agreements; and - Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of standards. HOME-funded projects must comply with 24 CFR 92.356. A conflict would arise when any of the following has a financial or other interest in a firm selected for an award: - An employee, agent or officer of the City or the Provider; - Any member of an employee's, agent's or officer's immediate family; - An employee's, agent's or officer's partner; or - An organization that employs or is about to employ an employee, agent or officer of the City or the Provider. - The CDBG/HOME regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases not covered by 24 CFR 85.35 and 24 CFR 84.42. These provisions cover employees, agents, consultants, officers and elected or appointed officials of the grantee (the City), state recipient or Sub-Recipient (the Provider). The regulations state that no person covered who exercises or has exercised any functions or responsibilities with respect to CDBG/HOME activities or who is in a position to participate in decisions or gain inside information: - May obtain a financial interest or benefit from a CDBG activity; or - Have an interest in any contract, subcontract or agreement for themselves or for persons with business or family ties. This requirement applies to covered persons during their tenure and for one year after leaving the grantee (the City), the state recipient or Sub-Recipient (the Provider) entity. Upon written request, exceptions to both sets of provisions may be granted by HUD on a case-by-case only after the City has: - Disclosed the full nature of the conflict and submitted proof that the disclosure has been made public; and - Provided a legal opinion from the City stating that there would be no violation of state or local law if the exception were granted. Debarred contractors: ln accordance with 24 CFR Part 5, CDBG/HOME funds may not be used to directly or indirectly employ, award contracts to or otherwise engage the services of any contractor or Sub-Recipient during any period of debarment, suspension or placement of ineligibility status. The City should check all contractors, subcontractors, lower-tier contractors or Sub-Recipients against the Federal publication that lists debarred, suspended and ineligible contractors. City of Miami Beach/ Housing and Community Services226 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 5 of 12) lll. Environmental Requirements The City is responsible for meeting a number of environmental requirements, including environmental reviews, flood insurance, and site and neighborhood standards. 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 CDBG/HOME funds are committed for non-exempt activities. Private citizens and organizations may object to the release of funds for CDBG/HOME projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 - 58.771. To avoid challenges, grantees (the City) and Sub-Recipients (the Provider) should be diligent about meeting procedural requirements. Flood Insurance Section 2O2 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG/HOME funds shall not be provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood hazard, unless: The community is participating in the National Flood lnsurance Program, or it has been less than a year since the community was designated as having special flood hazards; and Flood insurance is obtained. !V. Lead-based Paint On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of L992, which is Title X (ten) of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint in federally associated housing. The regulation sets hazard reduction requirements that give much greater emphasis to reducing lead in house dust. Scientific research has found that exposure to lead in dust is the most common way young children become lead poisoned. Therefore, the new regulation requires dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend on whether the housing is being disposed of or assisted by the federal government, and also on the type and amount of financial assistance, the age of the structure, and whether the dwelling is rental or owner occupied. On April 22,2008, the EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead poisoning to protect against the hazards created by exposure to lead dust in existing structures built prior to 1978. Under the rule, all contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination. This rule (40 CFR Part 745) is enforced as of April 22,2010. The rule must be executed by all sub-contractors. City of Miami Beach/ Housing and Community Services227 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 7 of 12) Property Exempt from Lead-based paint regulation: . Housing built since January 7,7978, when lead paint was banned for residential use; . Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there; . Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories or military barracks; . Property that has been found to be free of lead-based paint by a certified lead-based paint inspector; . Property where all lead-based paint has been removed; o Unoccupied housing that will remain vacant until demolished; . Non-Residential property; and . Any rehabilitation or housing improvement that does not disturb a painted surface. Types of housing subject to 24 CFR 35: . Federally-Owned housing being sold;. Housing receiving a federal subsidy that is associated with the property, rather than with the occupants (project-based assistance); o Public housing; . Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or certificate); . Multifamily housing for which mortgage insurance is being sought; and e Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs. lf you want copies of the regulation or have general questions, you can call the National Lead lnformation Center at (800) 424- LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also download the regulation and other educational materials at http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-1785, ext. LO4, or e-mail HUD at lead_regulations@hud.gov. V. Displacement, Relocation, Acquisition and Replacement of Housing CDBG/HOME projects involving acquisition, rehabilitation or demolition may be subject to the provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.) Vl. Compliance with National Objective The Provider will ensure and maintain evidence that activities assisted with CDBG/HOME funds from the City of Miami Beach comply with the primary National Objective, "Benefit to Low and Moderate lncome Persons" and will provide services or activities that benefit at least 51% low and moderate income persons. A low or moderate-income household is defined as: a household having an income equal to or less than the limits cited below. lndividuals who are unrelated but are sharing the same household shall each be considered as one-person households. City of Miami Beach/ Housing and Community Services228 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 8 of 12) HUD lncome Limits, pending HUD updating: $13,7s0 $15,700 $17,650 $19,600 $2',1,200 $22,7sO $24,3s0 $25,900 $22,900 $26,200 $29,450 $32,700 $35,350 $37,950 $40,s50 $43,200 $27,480 $31, 440 $35,340 $39,240 $42,420 $45,540 $48,660 $51,840 $36,650 $41,850 $47,100 $s2,300 $56,500 $60,700 $il,900 $69,050 Change Orders/Budget Amendments The goal should be to limit the use of Change Orders or Budget Amendments. Change Orders and Budget Amendments require prior written approval by the City Manager. To request a Change Order or Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. No budget amendment will be processed after June 30, 2OL4 for Public Service Projects. No budget amendment will be processed for Capital Projects Budgets after eighty (80) percent of the available funds have been drawn. Budget amendments or Change Orders 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. Compliance with Local Rules, Regulations, Ordinances and Laws The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active business license and the resolution of all Code Compliance and Building Department violations) in addition to those specified in the body of the Agreement. ln addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due the City prior to Agreement execution. Furthermore, the Sub-Recipient must not have any outstanding and/or open Code Compliance or Building Department violations at the time of the Agreement's execution. Any pending issues must be disclosed. Those violations which are open at the time of the Agreement's execution and are expected to remain open for the foreseeable future require the submission and approval of a remediation plan submitted to the City. City of Miami Beach/ Housing and Community Services229 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 9 of 12) Employee/ Contractor File Review The following documentation must be included in the Sub-Recipient's employee/contractor file for those em ployees/contractors provid ing services u nder this contract. The following must be included in the employee files: . Employment Application . Evidence of degree/credentials . Job Description Signed by Employee . Evidence of Required Experience o Florida Background Criminal Screening, if applicable o National FBI Background Criminal Screening (Level 2), if applicable o Affidavit of Good Moral Character, if applicable . Proof of Knowledge of Policies & Procedures, if applicable . l-9 Verification on File The City reserves the right to inspect those employee/contractor files whose salaries are funded in part or in whole by its funds. Evaluation ln its continuing effort to ensure contract compliance and performance, the City will evaluate the Sub-Recipient in its fulfillment of the terms of this agreement including, but not limited to, the following measures: . Agreement compliance . Leverage and fiscal soundness . Accuracy and timeliness of Monthly Progress Reports . Accuracy and timeliness of Monthly Financial Reports . Adherence to project timelines . Fulfillment of prescribed outcomes FiscalStability The Sub-Recipient is required to maintain fiscal stability throughout the terms of this Agreement. This is to ensure the Sub- Recipient's ability to fulfill the terms of this Agreement and meeting of the National Objective. 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. teverage For HOME-funded projects, the Sub-Recipient must demonstrate the commitment of other sources of funds committed to the City-funded project. Furthermore, all other identified funds must be in place prior to the use of HOME funds. The documentation that demonstrates this fiscal leverage is the Subsidy Layering Review and underwriting. City of Miami Beach/ Housing and Community Services230 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 10 of L2l Monitoring & Performance Reviews The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. This includes, but is not limited to: o Review of on-site service delivery. lnspection 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 the Sub-Recipient a minimum of three (3) business days prior to a monitoring visit. Performance Ratings The Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on an annual basis: . Timely and accurate submission of Monthly Progress Report . Timely and accurate submissions of Monthly Financial Reports (reimbursement requests) o Delivery of contracted service units Ratings will be given for each performance measure based on the following: Proformas Capital projects must submit certified monthly proformas that indicate project funding sources and correlating Proformas must be certified by the preparing party as well as the agency's signatory as reflected within this Agreement. Reporting Requirements The Contractor will provide the City with a Monthly Progress Report and Monthly Financial Report by the 10th of the following month. ln the event that the 10th of the month lands on a Saturday, Sunday or holiday, the report must be submitted the following business day. City of Miami Beach/ Housing and Community Services Timely and accurate submission of > "0" for failing to submit on time > "25" for submittino on time Timely and accurate submissions of Monthly Financial Report (reimbursement requests) > "0" for failing to submit accurate report with back-up material on time > "25" for submitting accurate report on time Delivery of contracted service units within contracted timeframe Possible score of 0 to 50 based upon completion of projected service units. Score is pro-rated if total projected service units are not met. 231 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 11 of Lzl Monthly reports will be submitted via any of the following methods: . Standard mail . Hand delivery Monthly reports will not be considered acceptable unless the following is met: . Forms are completely and accurately filled . Necessary back-up materials are included (evidence of expense incurred, invoices, time logs, executed AIA Forms, etc.) . Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory Monthly Progress Reports should encapsulate a project's progress in alignment with the funds expended. Rent RollSubmissions Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within thirty (30) days of meeting the National Objective and every year thereafter for a minimum of fifteen (15) years in adherence with the affordability period required with use of these funds. For completed projects, certified tenant rolls must be submitted annually by November 1st. Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory. Those projects with a longer affordability period require annual tenant rolls for the period of affordability established in the City's Restrictive Covenant and/or mortgage. These tenant rolls must be submitted by November 1st of each year of affordability. Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory. Retainage All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that will not be released until the National Objective is met. Retainage will be held as appropriate from all submitted reimbursement requests. Subsidy Layering Review All affordable housing projects using CDBG/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 lDlS 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. The expense for the Subsidy Layering Review and underwriting services are eligible for reimbursement if the project proceeds but is not eligible for reimbursement otherwise. City of Miami Beach/ Housing and Community Services232 Annual Federal Entitlement Funds Application - February 2015 Contractual Scope of Services ( 12 of tzl Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty (50) days from the incurrence of the expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. Training Requirements The Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress Report and Monthly Financial Report attends the City's Sub-Recipient Reporting Training and places the attendance certificate in the employee's personnel file for inspection by the City during its monitoring visit. Additional Documentation The following documentation must be submitted with this executed agreement: . All required insurance certificates . Copy of current audit . Copy of required business licenses and permits City of Miami Beach/ Housing and Community Services233 Annual Federal Entitlement Funds Application - March 2014 Application Scoring (1 of 2) Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit corporations or partnerships. Applicants requesting affordable housing acquisition and/or rehabilitation funds must have a minimum of five (5) years of experience in the acquisition and rehabilitation of owner-occupied affordable housing and/or first-time homebuyer programs. Selection criteria will include, but is not limited to: 1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if applicable 2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal regulations 3. Ability to comply with the City's reporting requirements 4. Total project cost 5. Total number of units 5. Leveraging 7. Ability to conform to the City's plan for spatial de-concentration 8. Ability to provide homeowners with HUD-Certified Homeownership Counseling 9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting 10. Ability to demonstrate that the organization participates in the Welfare Transition Program The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated Plan. All eligible affordable housing applications will be submitted to the City's Affordable Housing Advisory Committee and reviewed with HOME submissions. All applications for funding will be reviewed by the Affordable Housing Advisory Committee Committee in accordance with the criteria as outlined in the RFP. Applicant lnfo(rmation) Project Overview Project lmpact Applicant Experience Project Budget Sources & Uses Priority Alignment City of Miami Beach/ Housing and Community Services 5 20 20 25 20 5 5 100 234 Annual Federal Entitlement Funds Application - March 2014 Application Scorine,Q of 2l Applicant !nformation lnformation provided must be complete and accurate and include the required attachments. Project Overview This section provides overall summary of the project from an objective and fiscal context. Please ensure to be succinct but clear about your proposed project as well as indicate the community-based partners who will help you achieve your proposal. Make sure to complete the Objective, Outcome and Activity Code section. Double-check for accuracy. Project lmpact This is the section that most describes the viability, impact, purpose and overall leverage for your project within a holistic context. ln this section, please ensure to provide operational details for your project including specific beneficiaries, eligibility criteria, timelines, progress measures and outcome measures. lf your project creates secondary benefits, i.e. creates new jobs or sustainable services for an area, provide such detail. Applicant Experience This section provides the applicant an opportunity to sell themselves as worthy recipients of public resources. Be specific in providing achievements, success stories, experience and expertise. Project Budget The project budget must be sound, practical, achievable and sustainable. Your budget should provide the fiscal perspective of what was described in your project Overview and Project lmpact sections. Sources & Uses This section serves to detail the Project Budget section by assigning costs to specific funding sources. Assignments should comply with funding source guidelines. Priority Alignment This section enables the applicant to identify the proposed project's alignment to the City's Strotegic Plon. For more information about the City's Strotegic Plon ,visit www.miamibeachfl.gov City of Miami Beach/ Housing and Community Services235 to .9 e\- oJE allH}o'=co=,=E |!E =8E;>(!u .E,vt)o I olrl d(n x.g rnE 3;JEr8otr xctrs .E}Eo5ig9E EE x UJ rJ1JSdeNTE k63LF-oE,9tu .=OEEb E.=q(J$Ec+, =L:oErts06,t^tro-glt.=(EEF --oEEEOEEE;cF{EO tro3 I 236 Annual Federal Entitlement Funds Application - February 2015 City of Miami Beach Census Tracts (1 of 2) North Beach Stillwater/Biscayne Poi nUNorth Shore 77th N Normandy/North Shore 71 La Gorce/Alton Road North Bay Road North Shore 71"'to 6 44'n to 6 Total North Beach Middle Beach Middle Beach (38 to Lake) Total Middle Beach o'to 77th City of Miami Beach/ Housing and Community Services 39.01-5 39.01-6 19,197 237 Annual Federal Entitlement Funds Application - February 2015 City of Miami Beach/ Housing and Community Services238 Annual Federal Entitlement Funds Application - February 2015 City of Miami Beach Census Tracts (2 of 2l City of Miami Beach/ Housing and Community Services South Beach Bayshore, Sunset lslands Mid Beach 33'd -41"1 Street, Ocean to lndian Creek Drive 41.O1-1 1047 764 75.6 41.O1-2 2987 1344 47.8 41.O1-3 1407 552 36.6 41.01-4 1 565 414 24.3 41.01-5 1466 241 17.2 lslands 41.O2-1 2255 324 14.8 41.O2-2 821 64 7.9 Lincoln Road West 42.O1-1 898 429 45.3 42.O1-2 1617 1068 68.2 42.O1-3 1 880 704 37.8 42.O1-4 1228 609 49.8 Lincoln Road East 42.O2-1 2121 1428 73.2 42.O2-2 1409 649 48.9 42.02-3 1 856 1045 54.7 Flamingo (1O111 43.00-1 566 347 64.3 43.O0-2 204 129 63.2 43.00-3 2060 1 139 54.1 43.O0-4 762 349 47.7 43.00-5 1345 491 37.9 43.00-6 432 130 36.2 43.OO-7 3007 1484 47.3 Flamingo West (3'to 10-)44.O1-1 2164 716 35.2 44.O1-2 1704 1102 62.8 44.O1-3 1827 1 158 65.5 44.O1-4 468 326 68.3 Flamingo East (3'to 11*)44.02-1 634 289 47.3 44.O2-2 1707 957 62.9 44.O2-3 836 735 83.1 44.O2-4 779 355 53.9 44.02-5 1572 1112 68.4 South Pointe, Fisher lsland, Coast Guard 45.00-1 781 376 46.8 45.OO-2 1187 668 72.1 45.00-3 61 0 0 Total South Beach 44.653 21-498 48.14 239 Annual Federal Entitlement Funds Application - February 20L5 City of Miami Beach/ Housing and Community Services240 Annual Federal Entitlement Funds Application - February 2015 Uniform Relocation Assistance (URA) lf a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the URA. 1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is made. 2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances are changed by a project - either by higher rents or involuntary moves - must be protected and compensated. 3. The relocation rules are not all one-sided. There are actions that can be taken to control costs and prevent displacement. These actions include informing tenants about the project, treating them fairly during the process, staging work if it is feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the process. 4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers can all take actions which can incur a financial liability. Displaced tenants are entitled to 42 or 50 months of rental assistance depending on the situation. Many claims exceed 510,000. Although some claims are unavoidable, there is no reason to incur these costs by failure to follow the rules. 5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction timing and project feasibility can be considered before they are a crisis. 5. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work. The Developer and the City must work together. 7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information about the pending application. lf the project is approved, they must be advised about any changes that will occur to their situation. lf they are not advised - and move - they could claim that they were displaced even if that was not intended and they could be eligible for considerable financial compensation. lf they must be displaced, they must be offered a comparable replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to them. City of Miami Beach/ Housing and Community Services241 Annual Federal Entitlement Funds Application - February 2015 Applicant lnformation Applicant Name: Applicant Address: Telephone Number: Executive Director: Contact Person: Board Secretary: Employer ldentification Number: ls applicant a CHDO for the City of Miami Beach: Fax Number: E-MailAddress: E-MailAddress: E-MailAddress: Corporate Status: Submission Code: nt's Articles of lncorporation al Revenue Services (lRS) Designation Letter Board of Director's Membership with Professional Affiliations Proposed Project Summary Project Category: National Objectives: # of Project Beneficiaries: Project Budget: Amount of Secured Funding: Amount of Funding Requested from City: Agency Budget:s S s For Affordable Housing Proiects Only: Subsidy Layering Review completed within past sixty (60) days On behalf of the applicant organization, we certify that all of the information contained in this application is true and accurate. We further understand that the material omission or inclusion of false information contained in this application constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an application, we, as the authorized representatives for the organization, are accepting the terms and conditions as they appear in the Request For Proposals February 2015. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Project Funding Level: City Funding level: #Drv/o! #Drv/o! Cost P/Unit: Proiect Outlook: #Drv/o! #Drv/o! City of Miami Beach/ Housing and Community Services 5 Points 242 Annual Federal Entitlement Funds Application - February 2015 Submission Checklist Please verify that the following has been completed and submitted by the submission deadline as noted: Applicant lnfo(rmation) (Signatures Needed) - Required Submission Checklist (Signatures Needed) - Required Project Overview - Required National Objective - Required Project lmpact - Required Applicant Experience - Required Project Budget - Required Sources & Uses (Signatures Needed) - Required Priority Alignment - Required Affidavit 1 (Signatures Needed) - Required Affidavit 2 (Signatures Needed) - Required Affidavit 3 (Signatures Needed) - Required Certification 1 (Signatures Needed) - Required Certification 2 (Signatures Needed) - Required Certification 3 (Signatures Needed) - Required Certification 4 (Signatures Needed) - Required Certification 5 (Signatures Needed) - Required Certification 6 (Signatures Needed) - Required Applicant's Articles of lncorporation - Required Applicant's lnternal Revenue Services Designation Letter - Required Current Board of Director's with Professional Affiliations - Required For Capital Projects Only: Physical Needs Assessment - Recommended Applicant Agency's Last Two Annual Audits - Required Evidence of Matching Funds/Leverage - Required For Capital Projects Only: Subsidy Layering Review - Optional For Capital Projects Only: Project Renderings - Optional Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/ Housing and Community Services243 Annual Federal Entitlement Funds Application - February 2015 Project Overview Applicant: 0 Project Synopsis ln the spoce below, provide o brief synopsis of your proposed project including current stotus, location, scope ond beneficiories. Outcomes: Pleose list the entities providing cosh, financing ond other support to proposed project. FiscalCheck:#Dtv/o! 20 Points City of Miami Beach/ Housing and Community Services244 Annual Federal Entitlement Funds Application - February 2015 National Objectives CDBG-funded activites must meet one of three National Objectives. Please check one: tr check Box 1 National Objective A: Principally benefits low and moderate income persons tr check Box 2 Nationa! Obiective B: Aids in the prevention or elimination of slums or blight tr Check Box g National Objective C: Qualifies as an urgent need lf National Objective A is selected above, please select one subcategory below to describe proposed activity: tr CheckBox4 Area Benefit Activities are those carried out in a neighborhood consisting predominantly of LMI persons and providing services for such persons, yet could be available to other non-income-eligible persons in the area tr check Box s Limited Clientete Activities are those which benefit a specific group of people (rather than all the residents in a particular area) who are, or presumed to be, income eligible. The specific groups presumed by HUD to be income-eligible include: abused children, battered persons, elderly persons, handicapped persons, homeless persons, illiterate persons, migrant farm workers, and persons living with AIDS. tr check Box 6 lncome Eligibte Housing Activities add or improve a permanent residential structure wherein, upon completion, income eligible persons will occupy StYo ot more of the housing units n check Box 7 lob Creation or Retention Activities create or retain permanent jobs, of which at least SLYo arc either taken by or available to income eligible persons City of Miami Beach/ Housing and Community Services245 Annual Federal Entitlement Funds Application - February 2015 Project lmpact (L of 2l Applicant: ln the space below, onswer the following questions and provide any odditional information regording the project's impoct: 1. Describe the scope of your proposed project including a summary of planned service goals including beneficiaries. 2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent). City of Miami Beach/ Housing and Community Services 10 Points 246 Annual Federal Entitlement Funds Application - February 2015 Project lmpact (2 of 2l Applicant: ln the space below, onswer the following questions and provide ony odditionol informotion regording the project's impact: 1. ForAffordable Housing Projects: Describe if tenantswillbe relocated and, if so, summarize relocation plan. 2. Provide a brief project timeline. City of Miami Beach/ Housing and Community Services 10 Points 247 Application for Recaptured Federal Funds - February 2015 Applicant Experience (1 of 2) Applicant: 0 ln the spoce below, onswer the following questions and provide ony odditionol informotion regording applicant experience. 1. Describe experience in providing the service proposed. 2. Provide specific examples of successful projects. City of Miami Beach/ Housing and Community Services 1O Points 248 Application for Recaptured Federal Funds - February 2015 Applicant Experience (2 of 2) Applicant: 0 ln the spoce below, onswer the following questions ond provide ony additionol information regording opplicant experience. 1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples. City of Miami Beach/ Housing and Community Services 15 Points 249 t^ c oCoN tttttttttlttt o (!o tr(! d ooc.E Lo !P) o OJ)P(!c ooriuvF (u E(Ez oP(!o ts(u o- ooc L(! o-oLd o o) fP(!c .9pt\ OJEF o E(!z AJ ! !\ o G) AJ! GUs = AJ T =o !: EqJ ! q) s G o tr! AJ! qJE o o. 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By using performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have seen significant improvements since its plan was chartered. As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan. At a minimum, you must select one Key lntended Outcome (KlO) that your project will address. Extra points will be awarded for your ability to address additional KlOs. Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals. Primary KIO Proposed Project WillAddress: Secondary KIO Proposed Project WillAddress: Tertiary KIO Proposed Project WillAddress: ln the space provided below, please describe the measures you will use to quantify your impact on the selected KlOs above. Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants served. City of Miami Beach/ Housing and Community Services 5 Points 253 Annual Federal Entitlement Funds Application - February 2015 Acknowledgement of Application Submission Applicant: As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami Beach Request For Proposals for Annual Federal Entitlement Funds and agree to the terms, specific limitations, and conditions expressed herein. ln addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer as attached. Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied, we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of relocation assistance that may be needed. BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and labeled as "Affidavits" and, if awarded CDBG and/or HOME funds, the Applicant will be able to comply fully with the provisions of those certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and sources and uses may be requested prior to final finding determinations. The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant and may require Applicant to submit documentation verifying such authority. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: City of Miami Beach/ Housing and Community Services254 Annual Federal Entitlement Funds Application - February 2015 Affidavit of Compliance with Federal, State and Local Regulations Applicant: 0 The undersigned certifli that the information in this application is true and correct. The undersigned further certify that they are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions or intentionally misrepresented facts on this application, this application will be rejected and the applicant agency may be unable to participate in any City-funded program for two (2) complete fiscal years. lf applying for HOME lnvestments Partnership Program/Community Development Block Grant funds, the applicant via the undersigned certify that it has read, understands and agrees to comply with the provisions of 24 CFR 92, and all federal regulations issued thereto by the United States Department of Housing and Urban Development (HUD). The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and laws. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services255 Annual Federal Entitlement Funds Application - February 2015 Disclosure and Disclaimer Applicant: This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's information and convenience. Any action taken by the City in response to applications made pursuant to this RFP or in making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in withdrawing or canceling this RFP, either before or after issuance of an award(s), shall be without any liability on the part of the City. The contents of this RFP are neither warranted nor guaranteed by the City. Applicants interested in pursuing this development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions concerning statements made in this RFP and any supplements thereto. The City reserves the right to reject any and all applications for any reason, or for no reason, without any resultant liability to the City. ln its sole discretion, the City may withdraw the RFP either before or after receiving applications, ffioy accept or reject applications, and may accept applications which deviate from the RFP as it deems appropriate and in its best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting applications in response to this RFP. Following submission of an application, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the application and the applicant including the applicant's affiliates, officers, directors, shareholders, partners and employees as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective housing development entities. lt is the responsibility of the applicant to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. Prospective applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any application conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any award will be made. Any applicant to this RFP who responds hereto fully acknowledges all the provisions of this disclosure and disclaimer, is totally relying on this disclosure and disclaimer, and agrees to be bound by the terms hereof. Any applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such application. This RFP is made subject to correction of errors, omissions, or withdrawal without notice. lnformation is for guidance only and does not constitute all or any part of an agreement. The City and all applicants will be bound only as, if and when an application, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. City of Miami Beach/ Housing and Community Services256 Annual Federal Entitlement Funds Application - February 2015 Disclosure and Disclaimer Applicant: Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all applications and supporting documents shall be subject to disclosure as required by such law. All documents received by the City shall become public records. Applicants are expected to make all disclosures and declarations as requested in this RFP. By submission of an application, the applicant acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the application, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application is true, accurate and complete to the best of its knowledge and belief. Notwithstanding the foregoing or anything contained in the RFP, all applicants agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP or any response thereto or any action or inaction by the City with respect thereto, such liability shall be limited to 510,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this disclosure and disclaimer which imposes no liability on the City. ln the event of any differences in language between this disclosure and disclaimer and the balance of the RFP, it is understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services257 Annual Federal Entitlement Funds Application - February 2015 FY l4ltS Certification Regarding Lobbying Activities Applicant: The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3' The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall certify and disclose accordingly. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services258 Annual Federal Entitlement Funds Application - February 2015 FY 14lLS Drug-Free Workplace Requirements Applicant: 0 The Provider shall insert in the space provided below the site(s) expected to be used for the performance of work under the grant covered by the certification: Site l Address: Site 2 Address: Site 3 Address: Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Chair/ Date Signature of Board Secretary/ Date Name/Title:Name/Title: City of Miami Beach/ Housing and Community Services259 Annual Federal Entitlement Funds Application - February 2015 FY L4ILS Acknowledgement of Disability Nondiscrimination Affidavit Applicant: 0 , being duly first sworn state that the above named form, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. . The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,42 U.S.C. 12101-L22L3 and 547 U.S.C. Sections 225 and 611 including Title l, Employmen! Title ll, Public Services; Title lll, Public Accommodations and Services Operated by Private Entities; Title lV, Telecommunications; and Title V, Miscellaneous Provisions. . The Rehabilitation Act of 1973:29 U.S.C. Section794. . The Federal Transit Act, as amended: 49 U.S.C. Section 1612. . The Fair Housing Act as amended: 42 U.S.C. Section 3501-3631. SUBSCRIBED AND SWORN TO (or affirmed) before me on (Date) . He/She is personally known to me or has (Affiant) presented (Type of identification) Signature of Notary SerialNumber The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit this Affidavit with the firm, corporation or organization's bid or application or fails to have this Affidavit on file with the City of Miami Beach. City of Miami Beach/ Housing and Community Services by as identification. 260 Annual Federal Entitlement Funds Application - February 2015 lead-Based Paint Certification Applicant: 0 Applicability: A. The lead based paint rule applies to CDBG-funded housing activities involving construction, purchase and rehabilitation. B. The following housing rehabilitation activities are excepted: l. Emergency repairs (but not lead based paint-related emergency repairs) 2. Weatherizing 3. Water andlor sewer hookups 4. lnstallation of security devices 5. Facilitation of tax exempt bond issuances for funds 6. Other single-purpose activities that do not include physical repairs or remodeling of applicable surfaces 7. Other activities that do not involve applicable surfaces and do not exceed 53,000 per unit. lnspection and Testing Requirements: The Provider shall be required to test the lead content of chewable surfaces of an apartment building to be rehabilitated, if there is a family residing in one of the units with a child under seven years of age with an identified elevated blood level condition (concentration of lead in blood of 25 micrograms per deciliter or greater) and the building was constructed prior to 1978. Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from the floor or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily accessible to children under seven years of age, and all interior surfaces of a residential structure. Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by HUD. Test readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint. Required Treatment: Treatment of lead based paint conditions must be included as part of the proposed rehabilitation work. All chewable surfaces in any room found to contain lead based paint must be treated before final inspection and approval of work. Similarly, all exterior chewable surfaces must be treated when they are found to contain lead based paint. Minimum treatment involves covering or removing the painted surfaces. Washing and repainting without thorough removal or covering does not constitute adequate treatment. Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier. Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied. Covering or replacing trim surfaces is also permitted. Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or chemicals. Machine sanding and propane torch use are not allowed. I hereby acknowledge that I have read the specific requirements for lead based paint contained in this Certification, and understand that my organization's project eligibility depends upon compliance with the requirements contained in this document. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/ Housing and Community Services Name/Title: Signature of Board Chair/ Date 261 Annual Federal Entitlement Funds Application - February 2015 Certification Regarding Religious Activities Applicant: 0 ln accordance with First Amendment of the U.S. Constitution - "church/state principles", CDBG assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. A religious entity that applies for and is awarded CDBG funds for public service activities must agree to the following: 1. lt 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; 2. lt will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; 3. lt will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; and The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. I hereby acknowledge that I have read the specific requirements contained in this Certification, and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/ Housing and Community Services Name/Title: Signature of Board Chair/ Date 262 Annual Federal Entitlement Funds Application - February 2015 Certification Regarding CDBG-Funded Construction & Rehabilitation Projects (1 of 2) Applicant: lf the Provider anticipates using CDBG funds for construction or rehabilitation, the following federal and City of Miami Beach requirements must be acknowledged: A. All construction or rehabilitation plans and specifications for the project must be approved by the City's departments of: Planning; Office of Real Estate, Housing & Community Development; Public Works; Building; Code Compliance; and Fire. lf the project is located in the Miami Beach Architectural District, or affects a building listed or eligible for listing on the National Register of Historic Places, all plans and specifications must be approved by the State Historic Preservation Office (SHPO), in accordance with the Memorandum of Understanding between the SHPO and the City. B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of an environmental review of the project, and said review is approved by any government agencies as may be required by law. C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in compliance with federal, state and local labor requirements. The Provider agrees to include in the construction bid specifications in connection with this agreement the applicable Federal Wage Determination assigned to this project by HUD. The Provider must also inform his contractor/subcontractors that they will be required to submit documents after a city-conducted pre-construction conference and prior to construction. Weekly and/or monthly reports must be submitted thereafter, as required by the federal government. D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal Office of Management and Budget (OMB) Circular Number A-102 Attachment E for programs funded in whole or in part by CDBG funds; with federal OMB Circular A-LO2 Attachment O for the procurement of supplies, equipment, construction and services; and with Federal Management Circular A-87; or any other applicable OMB circular. E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied the benefits of the program on the grounds of race, color, sex, religion or national origin. F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative action in attempting to employ low income and minority persons, as mandated by law. G. As required by OMB Circular Number A-L02, and by Florida Statutes Section 287.O55, professional services must be competitively selected. The competitive selection process must include a public advertisement; issuance of a request for application and a competitive review based on uniform criteria. Selection criteria must consider the basic qualifications, professional competence, experience and suitability of each firm. Fees for professional services must be requested as a fixed sum and not stated as a percentage of construction costs. H. Alldocuments, bid specifications, notices and construction drawings must be submitted forthe review and approvalof the Neighborhood Services Department prior to public advertisement. City of Miami Beach/ Housing and Community Services263 Annual Federal Entitlement Funds Application - February 2015 Certification Regarding CDBG-Funded Construction & Rehabilitation Projects (2 of 2l l. The bidding process for construction contracts must include a formal advertisement, published in The Miami Review, Dodge Reports and The Miami Builder's Exchange. This announcement must include the following: 1. The date, time and place that bid documents are available, and the same information for any pre-bid conferences and receipt of bids. 2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a performance and payment bond equal to LOO% of the award. 3. A standard statement regarding the "in whole or in part" federal funding of the project and the various applicable federal regulations. J. The City reserves the right to be present at the time of bid openings. lf City CDBG monies are the sole funding source, the City may require that bids be received and opened by the City's Procurement Department. K. The Provider agrees to submit to the City's Office of Real Estate, Housing & Community Development all documentation of the steps followed in the selection of professional services and construction contracts. L. The Provider agrees to specifo a time of completion and include a liquidated damage clause in all construction contracts. Cost plus a percentage of cost, and percentage of construction cost contracts will not be permitted. M. lf the Provider is awarded CDBG funds, other conditions and requirements will be specified in the funding agreement. N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been issued. O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and Community Development Act of L974 as amended, the Provider agrees to comply with the inspection, notification, testing and abatement procedures concerning lead-based paint. I hereby acknowledge that I have read the specific requirements contained in this Certification, and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. Signature of Preparing Party/ Date Name/Title: Signature of Authorizing Party/ Date Name/Title: Signature of Board Secretary/ Date Name/Title: City of Miami Beach/ Housing and Community Services Name/Title: Signature of Board Chair/ Date 264