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CDBG Agreement - MBCDC~~o~~ a ~~ ~s~ COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWF,EN THE CITY OF MIAMI BEACH AND MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION This Agreement made and entered into this 1 sr day of October, 2007, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as "the City", and MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, hereinafter referred to as "Provider". WHEREAS, the City has received an entitlement grant from the U.S. Department of Housing and Urban Development as part of its Community Development Block Grant (CDBG) Program for the period of October 1, 2007, to September 30, 2008 (hereinafter "the contract period"); and WHEREAS, the primary objective of the CDBG Program is the development of viable urban communities, including decent housing and a suitable living environment and expanding economic opportunities principally for persons of low and moderate income; and WHEREAS, the One-Year Action Plan for federal funds was adopted by City of Miami Beach Resolution No. 2007-26585, on July 11, 2007; and WHEREAS, the City has determined, through its One-Year Action Plan for federal funds for Fiscal Year 2007/2008, the necessity for engaging the Provider to render the following services in Miami Beach: Housing Counseling (the Program). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Provider agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and four (4) attachments, all of which are incorporated by reference into this Agreement: • Attachment I contains a description of the Program services and goals offered by the Provider. • Attachment II is a line item Budget. • Attachment III outlines financial management procedures and reporting forms for use with CDBG funds. ~ Attachment N contains applicable federal regulations. Section 2. Statement of Work: The Provider agrees to implement the Program in accordance with Attachments I and II, and as summarized as follows: Housing Counseling (570.208(a)(3)/570.201(k)) 'to provide housing counseling to participants in the HOME-funded homebuyer assistance program. Section 3. Agreement Amount: The City agrees to make available THIRTY-EIGHT THOUSAND AND 00/100 ($38,000) for use by the Provider during the term of the Agreement. Section 4. Alterations: Any proposed alterations in the Program offered by the Provider and/or the Budget shall first be submitted to and approved in writing by the City, said approval at the City's sole judgement and discretion. Section 5. Method of Payment and Reporting Requirements: The Provider agrees to submit monthly Program progress reports to the City on the l 0`h day of each month, throughout the term of this Agreement. The Provider also agrees to submit, on September 30, 2008, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures during the term of this Agreement, including, but not limited to, performance data on client feedback, with respect to the goals and objectives outlined in Attachment I. Attachment III contains reporting forms to be used in fulfillment of this requirement. Other reporting requirements may be required by the City in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be considered by the City, at its sole discretion, as sufficient cause to suspend pending CDBG payments to the Provider, and/or terminate the Agreement for cause, pursuant to Section 12 herein. Section 6. Monitoring: The City, at its discretion, shall schedule no less than one (1) annual on-site monitoring visit with the Provider to evaluate the progress and performance of the Program and to provide technical assistance; and/or a desk top review of the activities may be conducted in lieu of an on-site visit, if and only if, the Provider has had a satisfactory on-site review in the previous Program year, and is not a high risk Provider. Section 7. Additional Conditions and Compensation - It is expressly understood and agreed by the parties hereto that monies to be used by Provider for compensation, as contemplated by this Agreement, originate from grants of CDBG funds from the U.S. Department of Housing and Urban Development (HUD) and must be implemented in full compliance with all of HUD's rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the Provider all or any portions of the funds contemplated herein will not be available, and that this Agreement will thereby terminate effective as of the time that it is determined by the City, in its sole discretion and judgement, that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City nor any individual member of the City Commission and/or City Administration thereof personally for the performance of this Agreement, and all of the parties hereto shalt be released from further liability each to the other under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations -The Provider agrees to comply with all applicable federal regulations as they may apply to Program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K, as same may be amended from time to time. Additionally, the Provider will comply with all state and local (City and County) laws and ordinances hereto applicable. It shall be the Provider's sole and absolute responsibility to continually familiarize itself with any and all such applicable federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Restrictions for Certain Resident Aliens -Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the CDBG Program. "Benefits" under this section means financial assistance, public services, jobs and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, such consent to be at the City's sole discretion and judgement. Section 11. Term: This Agreement shall commence on October 1, 2007, and terminate on September 30, 2008, with the understanding that at the end of the Agreement, the City of Miami Beach City Commission has the authority to reappropriate any remaining unused funds. Section 12. Termination of Agreement: 12.1 Termination for Convenience: The City and Provider agree that this Agreement may be terminated for convenience and without cause, by either party hereto by written notice to the other party of such intent to terminate, at least thirty (30) days prior to the effective date of such termination. In the event of such termination for convenience by either party, the City shall cease any payments to Provider for costs resulting from obligations, which were not properly incurred before the effective date of termination. Additionally, Provider shall be solely responsible for submitting a final report, as provided in Section 5 of the Agreement, detailing all Program objectives, activities and expenditures up to the effective date of the termination. Said "final report" shall be due within five (5) working days following the effective date of the termination. Upon timely receipt of Provider's "final report", the City, at its sole discretion, shall determine the amount (if any) of CDBG funds to be returned to the City as a result of any incomplete Program items and/or items not satisfactorily performed, and shall provide Provider with written notice of any monies due. Said monies shall be due immediately and payable upon receipt of such notice by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of the CDBG funds herein, or any assets acquired or improved in whole or in part with said funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also place the Provider in default of this Agreement, and may suspend or terminate this Agreement, for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform in a material way, as same shall be determined by the City in its sole discretion and judgement, in accordance with the terms of this Agreement, or any Federal, State, County or City statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the sub-recipient, and applicable HUD rules and regulations. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Provider as a condition precedent to clearing the deficiency; and (iii) a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. In the event that Provider fails to correct such deficiency within the aforestated period, this Agreement shall be considered terminated for cause by the City, without further notice to Provider, and Provider shall be solely responsible for repayment to the City of any or all monies disbursed to Provider under this Agreement. Said monies shall be due immediately and payable upon receipt of notice by Provider. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of the CDBG funds herein, or any assets acquired or improved in whole or in part with said funds. 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the funds by HUD, this Agreement will terminate, effective as of the time that it is determined such funds are no longer available. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination, or subsequent thereto. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable iI; in the sole discretion of the City: a. The costs resulting from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and, in the case of termination, are noncancelable; and b. The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. In the event of termination of the Agreement, at its sole discretion, the City may require Provider to transfer any CDBG assets to the City pursuant to Section 16 herein. Section 13. Equal Employment Opportunities: The Provider shall comply with equal employment opportunities as stated in Executive Order 11246, entitled "Equal Employment Opportunity" as amended Executive Order 11375, and as supplemented in Department of Labor regulations. Section 14. Program Income: Any "Program Income" (as such term is defined under applicable federal regulations) gained from any activity of the Provider, funded by CDBG funds shall be reported to the City and utilized by the Provider in the operation of the CDBG-funded activity during the term of this Agreement. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City and only in accordance with requirements set in 24 CFR §570.200(j). The Provider shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The funds received under this Agreement shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG. funds in this part. Sanctuaries, chapels, or other rooms that aCDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant is subject to government-wide regulations governing real property disposition (see 24 CFR parts 84 and 85). Section 16. Reversion of Assets: In the event of a termination of this Agreement pursuant to Section 12 herein, or upon expiration of the Agreement, the Provider shall transfer to the City any CDBG funds on hand at the time of termination or expiration and any account receivable attributable to the use of CDBG funds. Any real property under the Provider's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the Provider in the form of a loan) in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 (formerly section 570.901) until five years after expiration of the term of this Agreement, or for such longer period of time as determined to be appropriate by the City and as memorialized by the City and Provider in an amendment to this Agreement or such instrument as the City, at its discretion, determines appropriate; or If not used in accordance with the above subsection (a), the Provider shall pay to the City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in subsection (a). Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq. In this regard, the Provider agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Provider that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. The Provider shall comply with the requirements and standards of OMB Circular No. A- 122, "Cost Principles for Non-profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions" as applicable. The Provider shall comply with the following provisions of the Uniform Administrative requirements of OMB Circular A-110 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") or the related CDBG provision, as specified in this paragraph: a. Subpart A - "General"; Subpart B - "Pre-Award Requirements", except for 384.12, "Forms for Applying for Federal Assistance"; Subpart C - "Post-Award Requirements", except for: (1) Section 84.22, "Payment Requirements" -Grantees shall follow the standards of 33 85.20(b)(7) and 85.21 in making payments to sub-recipients; (2) Section 84.23, "Cost Sharing and Matching"; (3) Section 84.24, "Program Income" - In lieu of 3 84.24, CDBG sub-recipients shall follow 3 570.504; (4) Section 84.25, "Revision of Budget and Program Plans"; (5) Section 84.32, "Real Property" - In lieu of 384.32, CDBG sub-recipients shall follow 3 570.505; (6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of 3 84.34(g), the following applies: a. In all cases in which equipment is sold, the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and b. Equipment not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; (7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; (8) Section 84.52, "Financial Reporting"; (9) Section 84.53(b), "Retention and access requirements for records". Section 84.53(b) applies with the following exceptions: a. The retention period referenced in ~ 84.53(b) pertaining to individual CDBG activities shall be four years; and b. The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 9l .520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; (10) Section 84.61, "Termination" - In lieu of the provisions of3 84.61, CDBG subrecipients shall comply with 3 570.503(b)(7); and Subpart D - "After-the-Award Requirements" -except for 3 84.71, "Closeout Procedures". Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Provider for, on behalf of, and/or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE NEIGHBORHOOD SERVICES DEPARTMENT" shall appear in the same size letters or type as the name of the Provider. Section 19. Examination of Records: The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program, and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location 7 for a period of four (4) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the four year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 20. Audits and Inspections: At any time during normal business hours, and as often as City and/or Federal Government representatives may deem necessary, the Provider shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection or audit. Audits shall be conducted annually and shall be submitted to the City 180 days after the end of the Provider's fiscal year. The Provider shall comply with the requirements and standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24 CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Provider or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees or invitees pursuant to this Agreement and/or the Program. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs (including attorney's fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of term of this Agreement. The Provider shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the City Administration. The Provider shall maintain and carry in full force during the term of this Agreement and/or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit. The policy must include coverage for contractual liability to cover the above indemnification. Worker's Compensation and Employers Liability, as required pursuant to Florida Statute. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $500,000. d. The City of Miami Beach shall be named as an additional insured under all such insurance contracts and City of Miami Beach Resolution No. 2007-26585 shall be referenced in the certificate. e. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Provider and his/her insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. g. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager, Third Floor City Hall. All insurance required by this section of the Agreement shall be and remain in full force and effect for, the entire term of the Agreement and/or throughout the duration of the Project, whichever is greater, and each certificate or policy shall carry the provision that the insurance shall not terminate, lapse or otherwise expire, prior to thirty (30) days written notice to that effect, given by the insurance carrier to the City, and that the insurance carrier will not invoke the defense of performance of a governmental function by the Provider in performing this contract. Compliance with the foregoing requirements shall not relieve the Provider of the liabilities and obligations under this Section or under any other portion of this Agreement. The City shall have the right to obtain from the Provider specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. All of Provider's certificates, above, shall contain endorsements providing that written notice shall be given to the City at least thirty (30) days prior to termination, cancellation or reduction in coverage of the policy. Section 22. Conflict of Interest: The Provider covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development funded activities has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.61 I "Conflict of Interest", and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. 9 Section 23. Venue: This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of the same shall lie in Miami-Dade County, Florida. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND PROVIDER EXPRESSLY WANE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CNIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: John Quade, Director Housing and Community Development Division Neighborhood Services Department City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Provider: Roberto Datorre, President Miami Beach Community Development Corporation 945 Pennsylvania Avenue Miami Beach, FL 33139 Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Provider hereby expresses its willingness to enter into this Agreement with Provider's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $10,000, less the amount of all funds actually paid by the City to Provider pursuant to this Agreement. Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages in an amount in excess of $10,000, which amount shall be reduced by the amount of the funding actually paid by the City to Provider pursuant to this Agreement, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. 10 This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be deemed an original on the date first above written. ATTEST: ~~ ~~ CITY CLERK Robert Parcher CITY OF MIAMI BEACH, FLORIDA MA O Matti H. Bower ATTEST: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION / . -c~~-~ SECRETARY AUTHORIZ IGNATORY Roberto Datorre, President NAME AND TITLE OF AUTHORIZED SIGNATORY FINEIG\HSG-CDVvIERCY\CONTRAC'1'SV07-OSVviRCDCACDBG Agreement Hsng Counseling.doc APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION > > ~ i~ City t me ~ at CDBG AGREEMENT October 1, 2007 to September 30, 2008 ATTACHMENT III GUIDELINES FOR FINANCIAL MANAGEiVIENT OF CDBG-FUNDED ACTIVITIES FINANCIAL MANAGEMENT SYSTEM To comply with federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. SUPPORT FOR EXPENDITURES Sufficient support for expenses depends on the type of expenditure. They normally include the following items: Salaries (should be supported by proper documentation in personnel files of hire date, position, duties, compensation, raises with effective date, termination date, and similar type information. Non- exempt employees are required bylaw to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits (should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services (should be supported by a complete and signed copy of the contract between the organization and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor.) Purchases (at a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credi+. card statements, tra~•el itineraries, vendor statements, a:.d similar items do not represent support for an expense.) Page 1 of 2 RECORDS Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for four years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of four years, with access guaranteed to the City, to HUD or Treasury officials or their representative. AUDITS For years beginning after June 30, 1996, all nonprofit organizations, state governments, and local governments that receive Federal funding fall under the revised OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. Non-Federal entities that expend $300,000 or more in a year in Federal awards must have a single orprogram-specific audit. One copy of the sub-recipient or vendors' audited financial statement shall be submitted to the City immediately following the end of the fiscal year(s) during which CDBG funds are received. All auditees must submit to the Federal Audit Clearinghouse (FAC) a data collection form (Form SF- SAC) and reporting package upon completion of the annual audit in accordance with OMB Circular A- 133. The deadline for this submission is the earlier of the 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for the audit. Address for submission is: The Federal Audit Clearinghouse 1201 E. 10`h Street Jeffersonville, IN 47132 Phone (301) 457-1551 or (800) 253-0696 Email: gov.fac a,census.gov Web: htty://harvester.census. ov/sac REQUESTS FOR PAI'1~IENTS Payments to sub-recipients will be on a reimbursement basis. Requests are to be submitted utilizing the enclosed financial status, client profile, and narrative report forms, in a format consistent with the approved budget as shown in Attachment II, including an analysis of expenses to budget. A cash advance may be available upon special request. All requests must be submitted to: John Quade, Director Housing and Community Development Division City of Miami Beach Neighborhood Services Department 1700 Convention Center Drive li~iiami Beach, Florida 33139 P.\neig\HSG-CD\MF,RCY\CONTRACTS\07-OS\Att~chment [I( CD6G. doc Page 2 of 2 CDBG AGREEMENT October 1, 2007 to September 30, 2008 ATTACHMENTI STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM The project will provide housing counseling to 90 qualified income-eligible individuals and families participants in the HOME-funded homebuyer program. MBCDC will provide counseling on a one on one basis or group counseling, which will provide the necessary education to home buyers about selecting their homes, mortgage terms, credit scoring, financing, responsibility of homeownership, and other topics, as required by Fannie Mae and U.S. HUD guidelines. Successful participants will be awarded a certificate of attendance, which will assist them in obtaining Fannie Mae mortgages at advantageous rates. MBCDC will provide hand outs for participants to use as reference during the home buying process. PROGRAM GOALS AND MEASURABLE OUTCOMES Advertise the program in the Miami Herald, El Herald, Miami times and other local newspapers. Flyers will be sent to different public places and places of employment. Open appointment/pre-qualification. Pre and Post Purchase and Foreclosure Prevention counseling provided to 30 persons, including face meeting with counselor, financial plans to address any deficiency in the clients ability to afford a home, advice on government programs available, review of credit scores and assisting in forming an action plan to improve credit sores. One 8-hour home buyer workshop per month. Pre and Post Purchase and Foreclosure Prevention counseling provided to 30 persons, including face meeting with counselor, financial plans to address any deficiency in the clients ability to afford a home, advice on government programs available, review of credit scores and assisting in forming an action plan to improve credit sores. One 8-hour home buyer workshop per month. SCHEDULE FOR IMPLEMENTATION Goal 10/2007 11/2007 12/2007 1/2008 2/2008 3/2008 4/2008 5/2008 6/2008 7/2008 8/2008 9/2008 1 X X X 2 X X X 3 X X X X X X F:`,neig\HSG-CD\MERCY\CONTRACTS\07-08\MBCDC\Attachment 1-Hsg Couns.doc Page 1 of 1 Page 13 of 22 CbBG ~ ESP Application Flccal Ynar 7nR7/9nna BUDGET SUMMARY SHEET Activity Name: Housing Counselin~c Funding Year 2007-2008 Agency Name: Miami Beach Cnmm,m,iv nP~p~~r,»,o.,f r„r,,,,r,f;,,., -~_ Gate o~ Bre_ ~ f ~- - g. rY akdown__ . - Total Sala & Benefits C©BGIESP - ... Reques# _~ $ 36,311 - .._ Oti~er_iruncls $ 245,184 OtherFurtding. _ _;- .. , =~ Sources _- Totat Funds=__ HUD, Miami-Dad $ 281,495 Total Contract Costs Stora e S ace Rental O#her O eratin Ex erases $ 697 $ 76 $ 977 $ 14,366 $ 20,322 $ 20,128 Count $ 15,063 $ 20,336 $ 21,105 Total CDBG Funds $ 38,000 ~ ~ r ~- < -~- ;~ - Total Other Funds Grand Total ~„ " $ 300,000 = ; .~ .~--4 ~ ~ ,,~ ~: ,-;~ ~-~ w- - ~~ $ 338 000 ~ .,..... - - -... , Of the funding request above, what is the amount for OPERATING COSTS? $ 1 ggg Of the funding request above, what is the amount for PERSONNEL COSTS? $ 36,311 Of the funding request above, what is the percentage for ADMINISTRATIVE COSTS? 4.65% Page 14 of 22 City Of Miami Beach CDBG & ESP Application Fiscal Year 2007/2008 BUDGET ITEMIZATION SHEET Activity Name: Housing Couns~lin~ Funding Year 2007-2008 flcJency Name: Mlr?/lli $P.?Ch CAmmuniiv l~avclnmm~n! /'fin rnnr.eflnn Category Breakdown C[}BGIESP Reque;sfi :~ ... Other Funds '- _Total Funds, ~ . Executive Director $ 2,626 $ 32,825 $ 35,451 Director-Heusin Pro rams $ 1,646 $ 20,575 $ 22,221 Chief Operatin Officer $ 1,576 $ 19,700 $ 21,276 Com liance Officer $ 2,080 $ 14,560 $ 16,640 A/P Clerk -Finance $ _ $ _ $ _ Clerk -Finance $ - $ 14,700 $ 14,700 Receptionist $ 1,210 $ - $ 1,210 Director -Housing Counselin $ 6,060 $ 18,180 $ 24,240 Sr. Housing Counsellor $ 3,780 $ 34,020 $ 37,800 Housin Officer $ 4,920 $ 13,120 $ 18,040 Clerk -Housin $ 2,730 $ 14,060 $ 16,790 Management Information Specialis# $ 2,575 $ 15,450 $ 18,025 Housing Counselor Miami Dade $ - $ _ $ _ Admin. Assistance Miami-Dade $ _ $ _ $ _ Federal Payroll Tax $ 2,234 $ 15,085 $ 17,319 Unem to ment Tax $ 932 $ 6,290 $ 7,222 Workmens' Compensation $ 608 $ 4,108 $ 4,716 Pension Contribution $ 292 $ 1,972 $ 2,264 Group Heal#h Insurance $ 3,042 $ 20,539 $ 23,581 Total Amount $ 36,311 $ 245,184 $ 281,495 Page 15 of 22 City Of Miami Beach CD8G & ESP Application Fiscal Year 2007/2008 BUDGET ITEMIZATION SHEET Project Name: HQUSIng Gounseling Funding Year 2007-2008 Organizational Name: Miami F3aarh r,~mm,rnJt,. na,.a~~nmcni r~,,,,,,,.,t;,,., _ h v _ _ _~; > ±Category Break~dorivn C,D _ ~ Re _~_ BGIESP __ quest ..: ~ _._. __-_~..-_ _._ - ; _ Other Furitls .,.__v~~r Total ~ ,. ~ - Funds Annual Audit $ 163 $ 3,350 $ 3,513 Accounting and lax Pre aration $ 260 $ 5,360 $ 5,621 Payroll Processin $ 20 $ 402 $ 422 Professions! Services $ 255 $ 5,253 $ 5,508 Total Amount $ 697 $ 14,366 $ 15,063 Page 16 of 22 City Of Miami Beach CDBG & ESP Application Fiscal Year 2007/2008 BUDGET ITEMIZATION SHEET Activity Name: Housing Counselina Funding Year 2007-2008 Agencv Name: Miami Raarh f:nmmrrni}v I~avafnnmcnt ('.,m~,r~f;.,., ._ , ~: , ~ - w ,- ', .: x~ ...Category Breakdown CDBG/ESP ~ -:Request .~ LL C3#her Funds. __ Tofai_ Funds- Office Space Rental $ - $ 20,000 $ 20,000 Stara a Space $ 16 $ 322 $ 337 Total Amount $ 16 $ 20,322 $ 20,337 Page 17 of 22 City Of Miami Beach CDBG & ESP Application Fisr"al Year 9M7/7r1nR BUDGET ITEMIZATION SHEET Activity Name: Housing Cou e " Funding Year 2007-2008 AgenGV Name: Miami Raarh (`nmmrrnlty no~.ol,,.,rv,o.,f r.,...,,.",.t,,.. _, "Category Breakdown :. CDBG Requ /ESP est .Other. Fu~icls _ To ~ ."Fu tal nds Utilities $ 85 $ 1,742 $ 1,827 Janitorial Su lies and Water $ 70 $ 1,447 $ 1,518 Office Machine Leases $ 125 $ 2,573 $ 2,698 E ui ment & Software Purchases $ 20 $ 402 $ 422 Re airs and Main#enance $ 39 $ 804 $ 843 Office Su lies $ 156 $ 3,216 $ 3,372 Posta a and Delivery $ 78 $ 1,608 $ 1,686 Web Ex eases $ _ $ _ $ _ Te1e hone and Lon Distance Service $ 179 $ 3,699 $ 3,878 Insurance $ 117 $ 2,412 $ 2,529 Membership and Dues $ 13 $ 288 $ 281 Publications and Subscri tions $ _ $ _ $ _ Advertsin Expense $ 91 $ 1,876 $ 1,967 Bank Fees $ 4 $ 80 $ 84 Travel, Seminars & Conferences $ _ $ _ $ _ Local Transportation $ _ $ _ $ _ Credit Reportin Services $ _ $ _ $ _ Total Amount $ 977 $ 20,128 $ 21,105 CMB Budget Account 131.5658.000345 Month/Year CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FINANCIAL STATUS REPORT Provider: Miami Beach Community Development Corp. Project Name: Housing Counseling Reporting Period: CDBG Year 33 FY 2007/2008 ~38~~~~ Budget Amount Date Submitted: Month This Month Year to Date Balance Oct-07 $ - $ - $ 38,000.00 Nov-07 $ - $ - $ 38,000.00 Dec-07 $ - $ - $ 38,000.00 Jan-08 $ - $ - $ 38,000.00 Feb-08 $ - $ - $ 38,000.00 Mar-08 $ - $ - $ 38,000.00 Apr-08 $ - $ - $ 38,000.00 May-08 $ - $ - $ 38,000.00 Jun-08 $ - $ - $ 38,000.00 Jul-08 $ - $ - $ 38,000.00 Aug-08 $ - $ - $ 38,000.00 Sep-08 $ - $ - $ 38,000.00 This Request -~ Attached you will find original invoices or canceled checks plus copies of paid invoices to substantiate the above expenditures. I certify that all goods and services have been received, that they all fall within the contractual scope of services and budget, and that these costs have not been paid previously by any other funding source. I certify that substantially all program income received has been disbursed or will be disbursed within 3 days of this request, in accordance with the provisions at 24 CFR 570.504 and that the amount of this request is additionally needed to pay invoices as listed. Authorized Signature Name and Title of Person Submitting Report o z cn N N ~p (D ~ O D N --I N (D (n m m D m ~ '~ ~ ~ ~° ~ '~ 'o - l obi ~ m ~ m` ~ O m Z m O o 3 ~ m J '~ ~ m m ~ c r s u °~ v ~ X c 0 Q a• n X 0 a n ~ ~° ~n w p O m' ~ x °e 9 b. w 10 p C ~ ~. n n ; cd ` n o 2 c A u n v z D~ r,7 Z ~ ~ O° L ~ ~ n m `° z~ y ,~ o m~ v O -~ Z O y m n 1 O z O Z o Si ~ a D m ~ 7 ~ 'm 3 ~ D a 3 ~ T Q ~ O n Z ° p ° ~ ~ o = a m O O = 9 o = a D _ ~i D o o l = D O D ci Z 0 o = N a n o = ~ n ~ D o ~ o = ~ a < Z o a = ~. o o m m = D N o ? D D y a o z 0 ~ ~ ? = m = D o - o D Z "O o o ~ = H a D o = - o s n D ~i Z o ~ ~ o = N a ~ J m o = O D ~ Z a. o o = A w o °1 o x - a ~ Z o m = o = O _ a O a 2 m ~ N n o Z o Z m a D = d 0 0 0 0 0 0 0 0 0 0 0 0 0 n 1 O m r 8 m N '< r 0 F n 0 3 m w fD a ~ m = .~ ~ ~ n~i ,~ c m ~ Q °1 ~ ~ 0 0 ~ 0 ~ o ~ F n N O o 0 r O o ° _ A r 3 m W O ~ O a 3 0 z 3 ~ ~ ~ o 3 n O ~ _o m ~ N ~ o Z m a _n O 3 D 33 ZW m r n (S D O ;17 ~ D 3 ~ C m D ~ zm v n m rOr m~ ~3 ~m ~z OW ~ r m O ~~ m ~ ~ O ~ Z 1 O O D 3 CDBG AGREEMENT October 1, 2007 to September 30, 2008 ATTACHMENT IV APPLICABLE FEDERAL REGULATIONS 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 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 VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seg): 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 VI Civil Rights Act provisions for HUD programs maybe found in 24 CFR Part 1. • The Fair Housing_Act 42 USC 3601-3620: 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 12259 : 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 107. • Age Discrimination Act of 1975, As Amended (42 USC 6101: Prohibits age discrimination in programs receiving Federal financial assistance. Age Discrimination Act regulations may be found in 24 CFR Part 146. • 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 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- assisted housing with five or more units. Requirements and procedures must include: • Methods for informing the public, owners and potential tenants about fair housing laws and the Provider's policies (for example: use of the Fair Housing logo or equal opportunity language); • A description of what owners and/or the Provider will do to affirmatively market housing assisted with CDBG funds; Page 1 of 7 • A description of what owners and/or the Provider will do to inform persons not likely to apply for housing without special outreach; • Maintenance of records to document actions taken to affirmatively market CDBG-assisted units and to assess marketing effectiveness; and A description of how efforts will be assessed and what corrective actions will be taken where requirements are not met. Handicapped Accessibility The CDBG regulations also require adherence to the three following regulations governing the accessibility of Federally assisted buildings, facilities and programs. Americans with Disabilities Act (42 USC 12131.47 USC 155 201 218 and 225): Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act, also referred to as the ADA, also states that discrimination includes the failure to design and construct facilities (built for first occupancy after January 26, 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 subrecipients 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 1968 (42 USC 4151-4157): Requires certain Federal and Federally-funded buildings and other facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. II. EMPLOYMENT AND CONTRACTING The Provider must comply with the regulations below governing employment and contracting opportunities. These concern equal opportunity, labor requirements and contracting/procurement procedures. Equal Opportunity The Provider must comply with the following regulations that ensure equal opportunity for employment and contracting. • Equal Employment Opportunity Executive Order 11246 as amended: Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in Page 2 of 7 all construction contracts exceeding $10,000. Implementing 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 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 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 11625, 12432 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. In 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. • Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers employed in construction work under Federally-assisted contracts are paid wages and 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 Safety Standards Act as amended (40 USC 327-333): 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. • Copeland Anti-Kickback) Act (40 USC 276c): 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. • Fair Labor Standards Act of 1938. 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. It 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 Practices The CDBG program is subject to certain Federal procurement rules. In addition, the City and the Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients and eonf:lct°:,i interest Si uatlon5. Each iS urleii'y' diSCiiSSed bciow. • Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit, organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply. • Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and subrecipients (the Provider) to comply with two different sets ofconflict-of-interest provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second, Page 3 of 7 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 85.36 and 24 CFR 84.42 apply in the procurement of property and services by grantees (the City), state recipients, and subrecipients (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 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 subagreements; and - Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of standards. 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 regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases not covered by 24 CFR 85.36 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 subrecipient (the Provider). The regulations state that no person covered who exercises or has exercised any functions or responsibilities with respect to CDBG 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 subrecipient (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: In accordance with 24 CFR Part 5, CDBG funds may not be used to directly or indirectly employ, award contracts to or otherwise engage the services of any contractor or subrecipient during any period of debarment, suspension or placement of ineligibility status. The City should check all contractors, subcontractors, lower-tier Page 4 of 7 contractors or subrecipients against the Federal publication that lists debarred, suspended and ineligible contractors. III. 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 funds are committed for non- exempt activities. Private citizens and organizations may object to the release of funds for CDBG projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 - 58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be diligent about meeting procedural requirements. Flood Insurance Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG 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 Insurance Program, or it has been less than a year since the community was designated as having special flood hazards; and Flood insurance is obtained. IV. 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 1992, 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. PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION. • Housing built since January 1, 1978, 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 Page 5 of 7 Unoccupied housing that will remain vacant until demolished Non-Residential property 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) • 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 Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs If you want copies of the regulation or have general questions, you can call the National Lead Information 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.cov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755- 1785, ext. 104, or e-mail HUD at lead re~ulations(c~hud.gov. V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF HOUSING CDBG 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.) VI. COMPLIANCE WITH NATIONAL OBJECTIVE The Provider will ensure and maintain evidence that activities assisted with CDBG funds from the City of Miami Beach comply with the primary National Objective, "Benefit to Low and Moderate Income 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. Individuals who are unrelated but are sharing the same household shall each be considered as one-person households. Low and Moderate Household Income Limits (Effective 03/20/2007) (Source: U.S. Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income), Very Low-Income (50 % of Median Income), Extremely Low (30% of Median Income), Median Family Income FY 2007: $45,200) Household Size Extremely Low 30% of Median Very Low-Income 50% of Median Low-Income 80% of Median 1 Person $12,450 $20,750 __ $33,200 2 Person $14,250 $23,700 $37,950 3 Person $116,00 $26,700 $42,700 4 Person $17„800 $29,650 $47,450 5 Person $19,200 $32,000 $51,250 6 Person $20,650 $34,400 $55,050 7 Person $22,050 $36,750 $58,850 8 Person $23,500 $39,150 $62,650 Page 6 of 7 LOW/MODERATE INCOME DATA SOUTHERN TARGET AREA Census Tract Total L/M Persons Total Persons % Low/Mod 40.00-5 310 448 69.20 41.01-1 614 757 81.11 41.01-2 2,137 4,002 53.40 41.01-3 810 1,511 53.61 42 10,042 13,736 73.11 43 6,728 9,582 70.21 44 10,774 13,244 81.35 45 1,768 2,307 76.64 TOTAL 33,183 45,587 73% L/NI NORTHERN TARGET AREA Census Tract Total L/M Persons Total Persons % Low/Mod 39.01-1 603 1,036 58.20 39.01-2 620 836 74.16 39.01-3 407 468 86.97 39.01-4 518 772 67.10 39.01-5 1,593 2,256 70.61 39.01-6 1,581 2,240 70.58 39.02-1 704 897 78.48 39.02-2 876 1,187 73.80 39.02-3 211 211 100.00 39.02-4 1,564 2,097 74.58 39.05-2 2,408 3,346 71.97 39.05-4 2,401 3,071 78.18 TOTAL 8,677 12,000 72% L/M F:\neig\HSG-CD\MERCY\CONTRACTS\07-08\Attachment fV CDBG.doc Page 7 of 7 CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B-07-MC-12-0014 CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT Date: The undersigned certifies, to the best of his or er knowledge and belief, that: 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. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or 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. 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. MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION Signature -1~J ,/ Print Name of Authorized Signatory Date Print Title of Authorized Signatory Page 1 of 1 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Sub-recipient: MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT Grant Number: B-07-MC-12-0014 CFDA Number/Title: 14218 /COMMUNITY DEVELOPMENT BLOCK GRANT Date: 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: Place of Performance (include street address, city, county, state, zip code for each site): M, ~Uoc Q 4'~ ~2 r~ r~s I UG~n ~ ~ Cam, 2 ~ ~~ I V ~ ' ~,~ rni ~' 4J~ CYO ~ ~' 3 3 l 3 a! r TI - 1 ~ _ ~ e Date ,K~. Fes ame of Authorized Signatory Print Title of Authorized Signatory Page 1 of 1 ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACT REFERENCE CDBG CONTRACT YEAR 33, Fiscal Year 2007/2008 NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION ~/~..~~ AUTHORIZE GENT C MP ING AFFIDAVIT ~ ~ ZO ~~J Vim' ~~ POSITI ~ PHONE NUMBER 33~'~O~ I, ~ ftiD I'~(~U ~) GG'C~ Y 1'~cf ,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. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title N, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 U.S.C. Section 794. The Federal Transit Act, as amended: 49 U.S.C. Section 1612. The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631. Signature Date .^ SUBSCRIBED AND SWORN TO (or affirmed) before me on Q ~ by (Date) . He/She is personally known to me or has (Affiant) presented as identification. (Type of identification) (Signature of ary) (Serial Number) (Print or Stamp a of otary) ~~F~ati~r~el~ate) ~ My Commis+on DC)2ri5:'i Notary Public (State) Notary Seal '~-orao~° Expires FeGruary D8 aoc,r The City of Miam 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 proposal or fails to have this Affidavit on file with the City of Miami Beach. F.\neig\f{SG-CDIMERCY\CONTRACTS\07-OS\MBCDC\Certifications Non Constr.doc Page 1 of 1