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HomeMy Public PortalAbout14-8751 Budget Amendment of US Dept of Housing and Urban Development Grant Sponsored by: Vice Mayor Kelley RESOLUTION NO. 14-8751 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN APPROPRIATE BUDGET AMENDMENT OF A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT FOR THE PURPOSE OF UPDATING THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE TO INCLUDE ADDITIONAL COMMUNITY OUTREACH, PUBLIC PARTICIPATION, AND REDEVELOPMENT STRATEGY, AND TO EXECUTE AN AGREEMENT WITH THE CORRADINO GROUP FOR UP TO $100,000 TO PROVIDE PLANNING SERVICES NECESSARY TO FINALIZE AND ADOPT THE NEW COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in 2011, the City of Opa-locka("City") was awarded funds to undertake and implement the Sustainable 20/30 Plan ("Plan"), a citywide comprehensive planning process; and WHEREAS, the comprehensive planning process goal is to achieve a livable, sustainable and competitive community; and WHEREAS, the City has partnered with the Opa-locka Community Development Corporation ("OLCDC") to complete the goal, which will be accomplished by adopting a new citywide Comprehensive Plan and Land Development Code; and WHEREAS, as part of the grant award from United Stated Department of Housing and Urban Development ("USHUD"), the City has retained the services of the Corradino Group, as planning consultants for the City; and WHEREAS, of$624,479 awarded by USHUD, $100,000 was for land acquisition; and WHEREAS, the $100,000 for land acquisition was substituted with funding from other Resolution No.: 14-8751 sources, and therefore the$100,000 is no longer needed for land acquisition; and WHEREAS, the City needs to expend additional funds for planning services in order to complete the Plan; and WHEREAS, USHUD requires that modifications of$10,000 or more be approved by the City Commission; and WHEREAS, it is recommended that the$100,000 of grant money which had been allocated to land acquisition be reallocated as planning money by appropriate budget amendment as required by USHUD; and WHEREAS, the Corradino Group can take the steps necessary to finalize and adopt the Comprehensive Plan, which will address the planning needs of: 1) the Opa-locka Community Redevelopment Agency, 2) amend the Land Development Code to implement the new Comprehensive Plan, addressed in the Sustainable Opa-locka 20/30 goal,and 3)provide additional public involvement outreach in accordance with USHUD; and WHEREAS,this will cause no financial impact to the City,and will allow the City Manager to timely finalize documents, update reports and prepare Redevelopment strategies to assist in addressing Opa-locka Community Redevelopment Agency issues. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to execute an appropriate budget amendment reallocating the$100,000 grant money from land acquisition to planning money for the purpose of updating the Comprehensive Plan and Land Development Code, to include additional community outreach, public participation, and Resolution No.: 14-8751 redevelopment strategy,and to execute an agreement with the Corradino Group for up to$100,000 to provide planning services necessary to finalize and adopt the new Comprehensive Plan And Land Development Code. Section 3. This resolution shall take effect immediately upon adoption. PASS AND ADOPTED this 22nd day of January, 2014. �MY' 1YLOR MAYOR Attest to: JUL • •!�) Joanna Flores City Clerk Approved\as to form and legal sufficiency: 4 J .ep 1 Geller G f' EN`POON MARDER, PA ity Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER SANTIAGO Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES oPO•Locka C , o Li * s O N '"o R0,11-° City of Opa-locka Agenda Cover Memo Commission Meeting 01/08/2014 Item Type: Resolution Ordinance Other Date: (Enter X in box) X Yes No Ordinance Reading: 1st Reading 2nd Reading Fiscal Impact: _ (Enter X in box) Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: Acct. No. 37 515531 Advertising Requirement: Yes No N/A (Enter X in box) X Contract/P.O. Required: Yes No RFP/RFQ/Bid#: (Enter X in box) X N/A Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational 0 N/A Strategic Plan Related Bus. &Economic Dev (EnterX in box) X Public Safety p Quality of Education El Qual.of Life&City Image III Communication 0 Sponsor Name City Manager Department: Community Development Short Title: Request to Re-program $100,000 in the 2011 Community Challenge Grant Budget Staff Summary 1 Description: In 2011,the City of Opa-locka was awarded$624,479 to undertake and implement the Sustainable Opa-locka 20/30 Plan, a new citywide comprehensive planning process intended to achieve a more livable,sustainable and competitive community. The culmination of this effort will be the adoption of a new citywide Comprehensive Plan, and a Land Development Code to implement this plan. The City partnered with the Opa-locka Community Development Corporation (OLCDC)to undertake this endeavor. Agenda Cover-Budget Modification-Community Challenge Grant 1 As part of the grant award from USHUD, the City retained the services of the Corradino Group. The Corradino Group is responsible for the reviewing plan deliverables to ensure that they meet the United States Department of Housing and Urban Development's(USHUD)guidelines, address the State of Florida's statutory planning requirements, and meet the short and long- range planning needs of the City. The original$624,479 budget included$100,000 for land acquisition. The$100,000 for land acquisition was substituted with funding from other sources, and is no longer needed for that purpose. USHUD requires that modifications of more than$10,000 be approved by the Mayor and City Commission. Because the$100,000 is no longer needed for land acquisition, it is recommended that it be reallocated to the City in order to authorize the Corradino Group to take the steps necessary to: • finalize and adopt the Comprehensive Plan, including a new Redevelopment Element that will assist in addressing the planning needs of the City's Community Redevelopment Agency; • amend the Land Development Code in order to implement the new Comprehensive Plan, address the recommendations outlined in the Sustainable Opa-locka 20/30 effort, and meet the planning needs of the City, and; • provide for additional public involvement and outreach in accordance with USHUD recommendations. Analysis: This allows the City's Consultant, under the direction of staff,to timely finalize the recommended documents, update the reports, and prepare a Redevelopment Element that will assist in addressing the planning needs of the City's Community Redevelopment Agency. Proposed Action: It is recommended that the Mayor and City Commission authorize the City Manager to: • execute an appropriate budget amendment as required by United States Department of Housing and Urban Development (HUD)for the purposes of updating the recommended Comprehensive Plan and Land Development Code to include additional community outreach, public participation, and a Redevelopment Strategy, and; • execute an appropriate agreement with the Corradino Group,the City's Planning Consultant,to provide planning services necessary to finalize and adopt the new Comprehensive Plan and Land Development Code, and ensure that the Comprehensive Plan meets statutory requirements and is found sufficient by the State of Florida. Attachments: Resolution No.11-8319 Copy of USHUD Contract Budget-Community Challenge Grant Agenda Cover-Budget Modification-Community Challenge Grant 2 OPp�LOCk j. \Q \SAO Memorandum TO: Myra L. Taylor, Mayor Joseph Kelley, Vice Mayor Timothy Holmes, Commissio er Dorothy Johnson, Commissio er Luis B. Santiago, Commission s �' • FROM: Kelvin L. Baker, Sr., City Mana DATE: December 30, 2013 RE: Request to Re-program $100,000 in the 2011 Community Challenge Grant Budget Request: It is recommended that the Mayor and City Commission authorize the City Manager to: • execute an appropriate budget amendment as required by United States Department of Housing and Urban Development (HUD) for the purposes of updating the recommended Comprehensive Plan and Land Development Code to include additional community outreach, public participation, and a Redevelopment Strategy, and; • execute an appropriate agreement with the Corradino Group, the City's Planning Consultant, to provide planning services necessary to finalize and adopt the new Comprehensive Plan and Land Development Code, and ensure that the Comprehensive Plan meets statutory requirements and is found sufficient by the State of Florida. Description: In 2011, the City of Opa-locka was awarded $624,479 to undertake and implement the Sustainable Opa- locka 20/30 Plan, a new citywide comprehensive planning process intended to achieve a more livable, sustainable and competitive community. The culmination of this effort will be the adoption of a new citywide Comprehensive Plan, and a Land Development Code to implement this plan. The City partnered with the Opa-locka Community Development Corporation (OLCDC) to undertake this endeavor. As part of the grant award from USHUD, the City retained the services of the Corradino Group. The Corradino Group is responsible for the reviewing plan deliverables to ensure that they meet the United States Department of Housing and Urban Development's (USHUD) guidelines, address the State of Florida's statutory planning requirements, and meet the short and long-range planning needs of the City. The original $624,479 budget included $100,000 for land acquisition. The$100,000 for land acquisition was substituted with funding from other sources, and is no longer needed for that purpose. USHUD requires that modifications of more than $10,000 be approved by the Mayor and City Commission. Because the $100,000 is no longer needed for land acquisition, it is recommended that it be reallocated to the City in order to authorize the Corradino Group to take the steps necessary to: • finalize and adopt the Comprehensive Plan, including a new Redevelopment Element that will assist in addressing the planning needs of the City's Community Redevelopment Agency; • amend the Land Development Code in order to implement the new Comprehensive Plan, address the recommendations outlined in the Sustainable Opa-locka 20/30 effort, and meet the planning needs of the City, and; • provide for additional public involvementand outreach in accordance with USHUD recommendations. Analysis: This allows the City's Consultant, under the direction of the City Manager, to timely finalize the recommended documents, update the reports, and prepare a Redevelopment Strategy that will assist in addressing the planning needs of the City's Community Redevelopment Agency. Financial Impact: There is no financial impact to the City of Opa-locka. These are funds previously appropriated in the FY 13 budget and come from Acct. No. 37-515531. Implementation Time Line: Immediately Legislative History: Resolution No.11-8319 Staff Recommendation: It is recommended that the Mayor and City Commission authorize the City Manager to: • execute an appropriate budget amendment as required by United States Department of Housing and Urban Development (HUD) for the purposes of updating the recommended Comprehensive Plan and Land Development Code to include additional community outreach, public participation, and a Redevelopment Strategy, and; • execute an appropriate agreement with the Corradino Group, the City's Planning Consultant, to provide planning services necessary to finalize and adopt the new Comprehensive Plan and Land Development Code, and ensure that the Comprehensive Plan meets statutory requirements and is found sufficient by the State of Florida. Attachment(s) Resolution No. 11-8319 Copy of US HUD Contract Budget - Community Challenge Budget Prepared By: Howard W. Brown, Jr., Community Development Director 2 Budget Modification-Community Challenge Grant Sponsored by: City Manager COp Y Resolution No. 11-8319 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FY2011 COMMUNITY CHALLENGE GRANT AWARD FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)OFFICE OF SUSTAINABILITY IN THE AMOUNT OF SIX HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SEVENTY- NINE ($624,479) DOLLARS WITH A CASH MATCH OF $30,000, PAYABLE FROM ACCOUNT NUMBER 37-515312; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka, in partnership with the Opa-locka Community Development Corporation(OLCDC),submitted application to the Department of Housing and Urban Development for Community Challenge Grant funds; and WHEREAS,the grant will provide a new Comprehensive Master Development Plan for the City,providing zoning analysis,code updating,housing strategies,historic preservation,mixed used and mixed income development, creating economic development strategies, engaging in strategic property acquisition and conducting a model community engagement strategy; and WHEREAS,the City will provide a cash match of$30,000,payable from Account Number 37-515312, and total in-kind contribution of$1 17,585.00; and WHEREAS, the City Commission of the City of Opa-locka, desires the City Manager to accept the FY2011 Community Challenge Grant Award from the Department of Housing and Urban Development (HUD) Office of Sustainability. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 11-8319 Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to accept the FY2011 Community Challenge Grant Award from the Department of Housing and Urban Development(HUD)Office of Sustainability,in the amount of Six Hundred Twenty-Four Thousand Four Hundred Seventy-Nine ($624,479) Dollars, with a cash match of$30,000, payable from Account Number 37-515312, and total in-kind contributions of$117,585. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 141h day of December, 2011, f J v R M T•s"=•R MAYOR Attest to: Debor .Irb City Clerk r' ApprO . fi`to Thn d le_. /su i 4 i iicy: Josep S. G Iler City tto y Moved by: VICE MAYOR JOHN N Seconded by: COMMISSIONER M .t.ER Commission Vote: 3-0 Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor: YES f Q�yENTO y * 111111.1 4 iQ !I l 64.,10E4,0 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Sustainable Housing and Communities WASHINGTON.DC 20410-0050 November 21, 2011 SENT BY EMAIL TO: bfinnie @opalockafl.gov Mr.Bryan Finnie City of Opa-locka 780 Fisherman Street,4th Floor Opa-locka, FL 33054-3806 SUBJECT:Notification of Selection for the Fiscal Year 2011 Department of Housing and Urban Development's Community Challenge Planning Grant Program Dear Mr. Finnie: The Department of Housing and Urban Development's(HUD)Office of Sustainable Housing and Communities (OSHC) is pleased to announce that your application submitted, in response to the Fiscal Year 2011 Department of Housing and Urban Development's Community Challenge Planning Grant Program competition(FR-5500-N-33), has been selected for a grant award! The amount you are eligible to receive is$624,479.00. Enclosed with this letter you will find the following: 1. Conditional Award Agreement 2. Letter from your Grant Officer,with a list of items that will need to be provided to negotiate and finalize the terms of your Final Award Agreement; 3. HUD's Line of Credit Control System (LOCCS)payment system forms; 4. Instructions to use HUD's Line of Credit Control System; and 5. Direct Deposit Form (SF-1199a). Please be advised that selection is conditional upon successful negotiation of the proposed activities and budget outlined in the application. No costs can be incurred until all negotiations are completed. After the grant agreement is in place,please contact your Government Technical Representative (GTR),Zuleika Morales-Romero,to discuss the post-award requirements. You may reach Zuleika at zuleika.k.morales@hud.gov hud.gov or 202-402-7683. www.hud.gov espanol.hud.gov We congratulate you on your submission of a successful proposal and we look forward to assisting you in implementing your program. Welcome to the Community Challenge Planning Grant Program! Sincerely, _ deZe47 ----- Shelley R. Poticha Director cc: Zuleika K. Morales-Romero, GTR Charmaine Parchment Enclosed: Conditional Award Agreement Letter from your Grant Officer Line of Credit Control System forms Direct Deposit Form(SF-1199a) www.hud.gov espanol.hud.gov Assistance Award/Amendment U.S.Department of Housing and Urban Development Office of Administration 1.Assistance Inab une t 2.TA•.of Action Cooperative Agreement ❑Grant ►/ Award ❑Amendment 3.Instrument Number 4.Amendment Number 5.Effoctive Date of this Action 6.Control Number CCPFLA030-11 I February 1,2012 7.Name and Address of Recipient 8.HUD Administering Office City of Opa-Lod a HUD,Office of Sustainable and Communities 780 Fisherman Street,4th Floor Housing g Opa-lodca,FL:Florida 33054-3806 451 Seventh Street,S.W..Room 10180 Washington,DC 20410 Phone:305-953-2868 ext.1209 8a.Name of Administrator 8b.Telephone Number Fax:305-953-2900 I.Malcom Smith 202-402-6472 10,Recipient Project Manager 9.HUD Govenmtatt Technical Representative Charmaine Parchment,Grant writer&Coordinator Zulelkz K.Morales-Romero,Zuleika.K.Moralesl(bud.eov 11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office ®Cost Rehnbursement 0 Treasury Check Reimbursement CFO Accounting Center Administrative Accounting Division,GAFF, ❑Cost Sharing ❑Advance Check P.O.Box 901013,Fort Worth,TX 76101 ❑Fixed Price IN Automated Clearinghouse 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amount ^___--5(1.00 _ 15a Appropriation Number 15b.Reservation number HUD Amount this action 3624,479.00 861/30162 CCPFL0050.11 Total HUD Aawwnt._._._____._._3624;479_00--- Amount Previously Obligated 50.00 Recipient Amount 5374,159.00 T_. Obligation by this action S624,479.00 _. Total instrument Amount $998,638.00 Total Obligation $624,479.00 16.Description Employer Identification Number:59-6000394 Program Code:CCP This instrument(the HUD-1044,HUD-1044 Continuation Sheet)sets forth a legally binding agreement between the parties as to ail amounts, deliverables,tasks,period of performance,terms and conditions,here within,whether impfdtly stated or referenced. The Recipient certifies that all administrative and financial provisions of this instrument are in and will continue to be in compliance for the duration of the period of performance. All covenants,referenced or stated,are agreed to by the recipient upon signing this instrument. This grant instrument consists of the following,some of which are incorporated by reference: 1. HUD-1044 and HUD-1044 Continuation Sheets) 2. Grant Agreement Terms and Conditions 3. HUD 424-01W,Total Budget Summary 4. Grant Deliverables(See HUD 1044 Continuation Sheet) 5. Work Plan/Logic Model(Tasks within Work Plan are considered deliverables) 6. OMB Circulars A47,A-133 and A-102,which Is incorporated in 24 CFR Part 85 7. Office of Sustainable Housing and Communities(OSHC)Program Policy Guidance. 8. Notice of Funding Availability(FR-5500-N-33) Period of Performance is 36 months from February 1,2012 to January 31,2015. 17.® Recipient is required to sign and return three(3)copies 18.❑ Recipient is not required to sign this document of this document to the HUD Administering Office 19.Recipient(By Name) 20.HUD(By Name) Mr.Bryan Finnic J.Malcom Smith Signature 6t Title Date(mm/ddfyyyy) 5- Title Date(mm/dd/yyyy) l ,�g41)7 z n .hr 02/01/202 m try Manager / ! form IIt7D-1044(8/90) ref.Handbook 2210.17 Sponsored by: City Manager COp Y Resolution No. 11-8319 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE FY2011 COMMUNITY CHALLENGE GRANT AWARD FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)OFFICE OF SUSTAINABILITY IN THE AMOUNT OF SIX HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SEVENTY- NINE ($624,479) DOLLARS WITH A CASH MATCH OF $30,000,PAYABLE FROM ACCOUNT NUMBER 37-515312; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka, in partnership with the Opa-locka Community Development Corporation(OLCDC),submitted application to the Department of Housing and Urban Development for Community Challenge Grant funds; and WHEREAS,the grant will provide a new Comprehensive Master Development Plan for the City,providing zoning analysis,code updating,housing strategies,historic preservation,mixed used and mixed income development, creating economic development strategies, engaging in strategic property acquisition and conducting a model community engagement strategy;and WHEREAS,the City will provide a cash match of$30,000,payable from Account Number 37-515312, and total in-kind contribution of$117,585.00; and WHEREAS, the City Commission of the City of Opa-locka, desires the City Manager to accept the FY2011 Community Challenge Grant Award from the Department of Housing and Urban Development (HUD) Office of Sustainability. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. . Resolution No. 11-8319 Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to accept the FY2011 Community Challenge Grant Award from the Department of Housing and Urban Development(HUD)Office of Sustainability,in the amount of Six Hundred Twenty-Four Thousand Four Hundred Seventy-Nine($624,479)Dollars, with a cash match of$30,000, payable from Account Number 37-515312,and total in-kind contributions of$117,585. Segjoi_t3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this le day of December,2011. / 1 - M " • T-10 •R MAYOR Attest to: Debo . • Irby City Clerk Appr, . to ij •• d le:: su 11,i y: 4119LI ' ,� . , Jo .p S.G Iler City •tto y Moved by: VICE MAYOR JOHN'•N Seconded by: COMMISSIONER M! R Commission Vote: 3-0 Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Johnson: YES Mayor Taylor. YES r c-„ • • Ala e∎ • Memorandum TO: Myra L. Taylor,Mayor Dorothy Johnson, Vice Mayor Timothy Holmes,Commissioner Rose Tydus,Commissioner Gail Miller,Commissioner FROM: Bryan Flume,C anger DATE: November 2i;2011 RE: Authorization to Accept the FY 2011 Community Challenge Grant from the Department of Housing and Urban Development(HUD) Office of Sustainability Request: A Resolution of the City Commission of the City of Opa-locka authorizing the City Manager to accept the FY 2011 Community Challenge Grant award from the Department of Housing and Urban Development (HUD) Office of Sustainability in the amount of Six Hundred and Twenty Four Thousand, Four Hundred and Seventy-Nine ($624,479) dollars; providing for incorporation of recitals;providing for an effective date. Description: The Department of Housing and Urban Development's $28 million Community Challenge Planning Grant Program fosters reform and reduces barriers to achieving affordable, economically vital, and sustainable communities. Such efforts may include amending or replacing local master plans, zoning codes,and building codes, either on a jurisdiction-wide basis or in a specific neighborhood, district, corridor, or sector to promote mixed-use development, affordable housing, the reuse of older buildings and structures for new purposes, and similar activities with the goal of promoting sustainability at the local or neighborhood level. This Program also supports the development of affordable housing through the development and adoption of inclusionary zoning ordinances and other activities to support planning implementation. The Sustainable Communities Planning Grant Program is being initiated in close coordination with the U.S. Department of Transportation (DOT) and the U.S. Environmental Protection Agency (EPA), co-leaders with HUD in the Partnership for Sustainable Communities. The City of Opa-locka, in partnership with the Opa-locka Community Development Corporation (OCDC), submitted an application requesting$624,479 in community challenge grant funds that will enable the city to accomplish the following: 1. Prepare a new Comprehensive Master Development Plan for the entire City. 2. Conduct a Zoning Analysis and Code updating for the City's Land Development Code. 3. Create a Housing Strategy that address affordability, historic preservation, mixed used and mixed income development 4. Create an Economic Development Strategy. 5. Engage in strategic property acquisition. 6. Conduct a model community engagement strategy. The Great City of Opa-locka was the only City in Florida to obtain this grant for FY 2011. Financial Impact: The City will provide a cash match of$30,000.00 payable from account#37- 515312 as well as in-kind contribution of $117,585.00 (Community Development Director - $47,160.00; Public Works Department Staff- $33,375.00; Code Enforcement Department Staff- $27,000.00; and Grant Coordinator Staff- $10,050.00). The City also leveraged the Job Access & Reverse Commute (JARC) Grant and city's match for the Bus Shuttle service and the Miami Dade County Metropolitan Planning Organization (MPO) Municipal Grant award and the 20% match from the City for the Transportation Master Plan and Enhancement Study. Additionally, the City of Opa-locka will receive and manage the grant in conjunction with the Opa-locka Community Development Corporation (OLCDC). The City of Opa-locka retains the right to have final say over all fiscal matters. Implementation Time Line: Immediately Legislative History: Resolution No. 10-8186(Included in the Grant Application) Recommendation(s): Staff recommends the Mayor and City Commission to accept the 2011 Community Challenge Grant and authorize the City Manager to take the necessary actions to implement the terms of the grant award. This approval is conditioned upon the final contract being approved by the City Commission upon receipt of HUD's approved terms and conditions, which will be incorporated in the final contract. Attachment(s) HUD Award Letter Email HUD Award Letter HUD Grant Officer Letter HUD Assistance Award Contract Grant Application and Supporting Document Prepared By: Howard W. Brown,Jr.,Community Development Director Charmaine Parchment,Grants Writer/Coordinator FY2011 Sustainable Communities Communi Challenge Grant Pro ram—Grantees The Hopi Tribe AZ $150,000 City of Phoenix - AZ $2,935,634 City of West Sacramento V CA r $400,000 Housing Authority of the County of Sacramento , $150,000 Town of Stamford CT $1,105,288 a Town of Mansfield CT $610,596 Palm Beach County Board of County Commissioners FL $1,980,504 City of Opo.locka FL d $624,479 „Oty of IL $295,419 The Village of Oak Park IL $3,000,000 Parish of SI.Charles LA $442,422 City of Boston MA $1,865,160 City of Worcester 1 MA $930,000 Montachusett Regional Planning Authority MA $129,500 County of Woshtenaw MI $3,000,000 City of Grand Rapids MI $459,224 Mid-Americo Regional Council MO $403,432 City of High Point NC $239,141 New Hampshire Housing Finance Authority NH $1,000,000 Pueblo de cochiti Housing Authority NM $292,023, City of Binghamton NY $486,058 City of Warren OH $356,964 City of Beaverton OR $1,000,000 City of Garland TX ' $106,500 City of Austin TX =3,000,000 City of Seattle WA $2,999,256 Thurston Regional Planning Council WA $763,962 FY2011 Sustainable Communities Communi Challen e—Preferred Sustainability Status City of Aurora,Colorado CO Town of Stratford,CT CT Monroe County Board of County Commissioners FL Town of Cutler Bay FL DeKalb County,Georgia Government r GA Louisville/Jefferson County Metro Government KY City of Shrweport LA Bemalillo County Office of Environmental Health NM Assistance Award/Amendment U.S.Department of Housing and Urban Development Office of Administration 1.Assistance Instrument 2.Tp of Action ®Cooperative Agreement ❑Grant C5 Award ❑Amendment 3.Instrument Number t 4.Asnendment Number 5.Effective Data of this Action 6.Control Number CCPFLO050-11 I 1 February 1,2012 7.Name and Address of Redpicnt 8.HUD Administering Office City ofOpa-Lodca 780 Fisherman Street,4th Floor HUD,Office of Sustainable Housing and Communities Opa-locka,FL:Florida 33054-3806 451 Seventh Shea,S.W.,Rom 10180 Washington,DC 20410 Phone:305-953-2868 ext.1209 8a Name of Administrator Sb.Telephone Number Frac 305-953-2900 1 Malcom Smith 202.402-6472 10.Recipient Project Manager 9.HUD Government Teehoical Representative C6armaine Pardanent,Grant writer&Coordinator Znlw'h K.Morales-Romero,Zule&a.K..Morales(dhud.stov 11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office ®Cost Reimbursement 0 Treasury Check Reimbursement CFO Accounting Cher Administrative Accounting Division,6AFF, 0 Coat Sharing Advaa0e Check P.O.Box 901013,Fort Worth,DC 76101 ❑Fixed Price OA Automated Clearinghouse 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amour __-_ f 0.00 .-. -. � 15e Appropriatiao Number 115b.Revatian number HUD Amount this action $624,479.00 861/30162 CCPFLO050-1 I ._Total HUD Amount ._. S6?147g:00___ Amount Previo Obliflated SOHO 1Redirient Amoentr_.__ _._.._...S374,159.00_ __ Obligation by this action __ Total instrument Amount 5998,638.00 Total Obligation �� $624,479.00 _, __._.. 16.Description Employer Identification Number:59-6000394 Program Code:CCP This instrument(the HUD-1044,HUD-1044 Continuation Sheet)sets forth a legally binding agreement between the podia as to all amounts, deliverables,teaks,period of performance,terms and conditioas,here within,whether impleitly stated or referenced The Recipient certifies that all admi.iatr.tive and financial proviaior of this instrument are in and will centime to be ha compliance for the duration of the period of performance. Al covenants,referenced or stated,are agreed to by the redpieat.pot signing this instrument. This grant instrument consists of the following,some of which are incorporated by reference: 1. HUD-1044 and HUD-1144 Continuation Sheets) 2. Grant Agreement Terms and Conditions 3. HUD 424-CBW,Total Budget Summary 4. Grant Deliverables(See HUD 1044 Continuities Sheet) 5. Work Plan/Logic Model(Teske within Work Plan are considered deliverables) 6. 011tH Circulars A-87,A-133 and A-102,which is incorporated in 24 CFA Part 85 7. Office of&retainable Homing and Communities(OSHC)Program Policy Guidance. 8. Notice of F.ndi.g Availability(FR-5500-N-33) Period of Performance is 36 months from February 1,2012 to January 31,2815. 17.® Recipient is required to sign and return three(3)copies it❑ Recipient is not required to sign this document of this document to the HUD Administering Office 19.Rccipiart(By Name) 20.HUD(By Name) Mr.Bryan Finnie J.Malcom Smith Signature&Title Date(ml f mfdd/yyyyy) S r Title Date(nmm/dd/yyyy) nm icy Manager / / / 02/0//2012 form(IUD (W90) ref.Handbook 2210.17 Assistance Award/Amendment U.S.Department of Housing and Urban Development Office of Administration 1.Assistance Instrument 2.Type of Action ®Cooperative Agreement 0 Grant ®Award ❑Amendment 3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number CCPFLO050-11 1 February 1,2012 7.Name and Address of Recipient 8.HUD Administering Office City of Opa-Locka HUD,Office of Sustainable Housing and Comniunities 780 Fisherman Street,4th Floor Opa-locka,FL:Florida 33054-3806 451 Seventh Street,S.W.,Room 10180 Washington,DC 20410 Phone:305-953-2868 ext. 1209 8a.Name of Administrator 8b.Telephone Number Fax:305-953-2900 J.Malcom Smith 202-402-6472 10.Recipient Project Manager 9.HUD Government Technical Representative Charmaine Parchment,Grant writer&Coordinator Zuleika K.Morales-Romero,Zuleika.K.Morales@hud.gov 11.Assistance Arrangement 12.Payment Method 13.HUD Payment Office Cost Reimbursement ❑Treasury Check Reimbursement CFO Accounting Center Administrative Accounting Division,GAFF, ❑Cost Sharing ❑Advance Check ❑Fixed Price ®Automated Clearinghouse P.O.Box 901013,Fort Worth,TX 76101 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amount $0.00 15a.Appropriation Number 15b.Reservation number HUD Amount this action $624,479.00 861/30162 CCPFL0050-11 Total HUD Amount $624,479.00 Amount Previously Obligated $0.00 Recipient Amount $374,159.00 Obligation by this action $624,479.00 Total instrument Amount $998,638.00 Total Obligation $624,479.00 16.Description Employer Identification Number:59-6000394 Program Code:CCP This instrument(the HUD-1044,HUD-1044 Continuation Sheet)sets forth a legally binding agreement between the parties as to all amounts, deliverables,tasks,period of performance,terms and conditions,here within,whether implicitly stated or referenced. The Recipient certifies that all administrative and financial provisions of this instrument are in and will continue to be in compliance for the duration of the period of performance. All covenants,referenced or stated,are agreed to by the recipient upon signing this instrument. This grant instrument consists of the following,some of which are incorporated by reference: 1. HUD-1044 and HUD-1044 Continuation Sheet(s) 2. Grant Agreement Terms and Conditions 3. HUD 424-CBW,Total Budget Summary 4. Grant Deliverables(See HUD 1044 Continuation Sheet) 5. Work Plan/Logic Model(Tasks within Work Plan are considered deliverables) 6. OMB Circulars A-87,A-133 and A-102,which is incorporated in 24 CFR Part 85 7. Office of Sustainable Housing and Communities(OSHC)Program Policy Guidance. 8. Notice of Funding Availability(FR-5500-N-33) Period of Performance is 36 months from February 1,2012 to January 31,2015. 17. ® Recipient is required to sign and return three(3)copies 18.❑ Recipient is not required to sign this document of this document to the HUD Administering Office 19.Recipient(By Name) 20.HUD(By Name) Mr.Bryan Finnie J.Malcom Smith Signature&Title Date(mm/dd/yyyy) Signature&Title Date(mm/dd/yyyy) Interim City Manager /ja Grant Officer form HUD-1044(8/90) ref.Handbook 2210.17 HUD CONTINUATION SHEET Instrument No: CCPFL0050-11 1. BUDGET Match/Leverage HUD Amount Amount Total Direct Labor $28,800.00 $104,626.00 $133,426.00 Fringe Benefits $4,600.00 $16,065.00 $20,665.00 Travel $8,226.00 $1,198.00 $9,424.00 Equipment $0.00 $0.00 $0.00 Supplies/Materials $0.00 $1,110.00 $1,110.00 Consultants $110,557.00 $0.00 $110,557.00 Contracts $472,296.00 $222,269.00 $694,565.00 Construction $0.00 $0.00 $0.00 Other Direct Cost $0.00 $28,891.00 $28,891.00 Indirect Cost $0.00 $0.00 $0.00 Total $624,479.00_ $374,159.00 $998,638.00 If the grantee's match/leverage contribution is less than$624,479.00 the Government reserves the right to negotiate new line items and/or amounts to satisfy the grantee's requirement or to reduce the Government's share proportionally. The grantee shall notify HUD at any time it believes it will not meet its match requirement. In addition, the grantee shall obtain HUD approval regarding any changes concerning the intended use of matching funds. If the grantee exceeds the dollar amount shown above,there will be no impact on the Federal share. 2. AMOUNT OF COST SHARE The estimated cost for the performance of this grant is $998,638.00. HUD shall not be obligated to reimburse the Village of Oak Park in excess of$624,479.00. The Grantee agrees to bear without reimbursement from HUD $374,159.00 of the total costs. However, in the event that the Grantee incurs cost in excess of the total estimated project cost of$998,638.00;all such excess costs shall be borne entirely by the Grantee. 3. KEY PERSONNEL The personnel specified below are considered to be essential to the work being performed hereunder: Name Title %of time on the grant Howard Brown Jr. Director 30% Charmaine Parchment Grant Coordinator 10% 4. SUBSTANTIAL INVOLVEMENT HUD's Office of Sustainable Housing and Communities will work in partnership with its grantees to advance the program objectives of the grant program.The Cooperative Agreement allows for substantial involvement of HUD staff to enhance the performance of the grantee in the completion of their deliverables. Anticipated substantial involvement by HUD staff may include,but will not be limited to: Studies and Reports • Review potential amendment recommendations to the study design and/or Workplan. • Review and provide recommendations in response to semi-annual progress reports(e.g.,amendments to study design based on preliminary results). • Review and provide recommendations on the final report/study,including final interpretation of study results. HUD CONTINUATION SHEET Instrument No: CCPFL0050-11 Approvals and Reviews • Authority to halt activity if specifications or work statements are not met; • Review and approval of one stage of work before another can begin; • Review and approval of substantive provisions of proposed sub-grants or contracts beyond existing Federal policy; • Approval of workplan adjustments based on changing conditions and needs documented in the cohort targeted for capacity building. • Review and approval of key personnel Participation and Monitoring • Monitoring to permit specified kinds of direction or redirection of the work because of interrelationships with other projects; • HUD and recipient collaboration or joint participation; • Implementing HUD requirements which limit recipient discretion; • Coordination of complementary activities from respective capacity building intermediaries,including determining if workplans require adjustments based on changing conditions; • Where appropriate substantial,direct HUD operational involvement or participation during the assisted activity. 5. INDIRECT COSTS/PROVISIONAL RATE N/A 6. AUDIT INFORMATION The city of Opa-Locka submitted an audit report conducted by the Harvey Covington&Thomas,LLC for the year ending September 30,2010. The audit report attests to city of Opa-Locka practice of generally accepted accounting principles and compliance with laws and regulations relating to government auditing standards. The internal control structure has been reviewed in accordance with OMB Circular A-133 and found to be in compliance with requirements that are applicable to certain of its major federal programs. 7. REPORTS AND DELIVERABLES List of Deliverables: 1. Final Workplan and Logic Model:60 calendar days 2. Citywide comprehensive Plan 3. Zoning Analysis and Code update 4. Housing Strategy for the city Opa-Locka 5. Economic Development Strategy for the city Opa-Locka Reports: 1. Bi-Annual Reporting. 2. Additional Reporting Requirements:Additional reporting requirements as outlined in the NOFA(FR-5500- N-33),FY11 HUD General Section(FR-5500-N-01)and 2 CFR 85.40. 8. SPECIAL CONDITIONS N/A U.S. Department of Housing and Urban Development Office of Sustainable Housing And Communities COOPERATIVE AGREEMENT PROVISIONS TABLE OF CONTENTS A. GENERAL 1. Overview of Award Implementation 2. Purpose 3. Definitions B. PROGRAM REQUIREMENTS 1. Allowable Costs 2. Administrative Requirements 3. Advance Payment by Treasury Check or Electronic Funds Transfer 4. Amendments 5. Amount of Cost Share(Estimated Cost and Payment-Leveraging) 6. Budget 7. Central Contractor Registration(CCR) 8. Certifications and Assurances 9. Changes 10. Closeout 11. Collection of Data 12. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282) (Transparency Act) 13. Conduct of Work 14. Confidentiality 15. Contact Information Updates 16. Copyrights 17. Default and Disputes 18.Deliverable Products 19.Equipment 20. Estimated Cost and Payment-Line of Credit Control System(LOCCS) 21. Environmental Review 22. Fair Housing and Civil Rights Laws 23. Flow Down Provisions 24. HUD's Right to Audit and Disallow and Recover Funds 25. HUD's Substantial Involvement 26. Incurrence of Costs 27.Indirect Costs 28. Inspection and Acceptance 29. Inspector General Referrals 30.Limitation of Consultant Payments 31.Limitation on Payments to Influence Certain Federal Transactions 32. Lobbying Activities Prohibition 33. Management and Work Plan HUD OSHC Terms and Conditions for FY 2011 NOFA 2 34.Monitoring 35. Order of Precedence 36.Patent Rights (Small Business Firms and Nonprofit Organizations) 37. Period of Performance and Extensions and Incurring Costs or Obligating Federal Funds Beyond the Expiration Date 38. Personnel 39.Profit/Fee 40.Program Income 41. Prohibited Use of Funds 42. Publications and News Releases 43. Reporting 44.Reproduction of Reports 45. Review of Deliverables 46. Scope of Services 47. Section 508 Compliance 48. Single Audit Transparency Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Sub-recipients. 49. Special Conditions 50. Sub-recipient Monitoring and Management 51.Whistleblower Protection HUD OSHC Terms and Conditions for FY 2011 NOFA 3 A. GENERAL 1. Overview of Award Implementation This cooperative agreement/grant(also referred to as Agreement) is between the Grantee (Recipient)identified in Block 7 of the form HUD-1044, and the U.S.Department of Housing and Urban Development. The award agreement consists of the form HUD-1044, any special conditions,and these Cooperative Agreement Terms and Conditions. In signing this Agreement,the Grantee agrees to comply with all the requirements and conditions contained herein. The provisions of the Notice of Funding Availability(NOFA)are hereby incorporated into this Agreement. The Grantee's rights under this Agreement may not be assigned without the prior written approval of HUD. The Grantee shall complete and submit a revised management and work plan,deliverables outcomes and budget within 60 calendar days after the effective date of the grant. These revisions shall update the general/basic plan submitted with the proposal and include any changes to the proposed work plan,budget,performance measures and deliverables,negotiated between HUD and the grantee. These revisions should be developed according to the instructions provided by the HUD Government Technical Representative identified on the form HUD-1044. Should you not address these specific issues,your grant may be terminated on the basis of failure to conclude negotiations or to provide HUD with requested information, in accordance with the General Section of the NOFA for which you applied. 2. Purpose The purpose of this Agreement is as stated in the "Purpose of the Program" section of the NOFA. 3. Definitions a. "Cooperative Agreement"means an agreement in which the Federal Government provides funding authorized by public statute where the government plays a substantial role in assisting the funding recipient. b. "Equipment"means a tangible,non-expendable,personal property having a useful life of more than one year and an acquisition cost of$5,000 or more per unit. A grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above. c. "DUNS"means Dun and Bradstreet Data Universal Numbering System. HUD OSHC Terms and Conditions for FY 2011 NOFA 4 d. "Grant Officer(GO)"means the HUD individual who is responsible for processing and executing grant award, change in key personnel, change of scope,budget transfers, change of period of performance,and other administrative changes that would require a modification to the agreement. This term also refers to designated HUD Officials authorized to execute and/or administer this grant. e. "Government Technical Representative(GTR)"means the HUD individual who is responsible for the technical administration of the grant,the evaluation of performance under the grant,the acceptance of technical reports or projects,and other such specific responsibilities as may be stipulated in the grant. f. "Government Technical Monitor(GTM)"means the individual responsible for assisting a Government Technical Representative (GTR) in the latter's performance of his/her duties. The GTM is also the responsible individual that will comply with the Office of Sustainable Housing and Communities devolution of authority under our Continuity of Operations Plan (COOP). Should the National Capital Region become non-operational due to emergency conditions,the approval of vouchers and the authority to pay vouchers will transfer to the GTM until such time as the designation is lifted. The Government Technical Representative (GTR)will continue to be the point of contact for day-to-day management issues and responsibilities described above. In a state of emergency,HUD reserves the right to designate a GTR for COOP purposes. g. "Grantee"as used herein refers to the recipient of this cooperative agreement. h. "NOFA"means the Notice of Funding Availability,which announced the availability of funding for this grant. i. "NOPI"means Notice of Public Interest j. "OSHC"means the HUD Office of Sustainable Housing and Communities,or its successor Office, if any. k. "Publication"includes: (1) Any document containing information for public consumption; or (2) The act of, or any act which may result in,disclosing information to the public. 1. "Recipient"Any entity other than an individual that received grant funds in the form of a grant, cooperative agreement or loan directly from the Federal government. HUD OSHC Terms and Conditions for FY 2011 NOFA 5 m. "Subaward"means: (1)A legal instrument to provide support for the performance of any portion of the substantive project or program for which the recipient received this award and that: (a) The recipient awards to an eligible sub-recipient; or (b) The sub-recipient at one tier awards to a sub-recipient at the next lower tier. (2)The term does not include the recipient's procurement of property and services needed to carry out the project or program(see, generally, §_.210 of the attachment to OMB Circular A-133 (2 CFR Part 180),"Audits of States, Local Governments,and Non-Profit Organizations"). (3)A subaward may be provided through any legal agreement, including an agreement that the recipient or a sub-recipient considers a contract. n. "Sub-recipient"means a non-Federal entity that expends Federal awards received from a pass-through entity to carry out a Federal program, but does not include an individual that is a beneficiary to such a program. The sub-recipient may also be a recipient of other Federal awards directly from the Federal awarding agency. Guidance on distinguishing between a sub-recipient and a vendor is provided in § .210 of OMB Circular A-133 (2 CFR Part 180). o. "Total Instrument Amount"is the amount under line item 14 of the HUD Form-1044(Total Instrument Amount). This is the sum of the federal award and grantee match. p. "Work Plan"refers to the Grantee's plan for addressing a specific service delivery need,and consists of designated work activities including tasks and subtasks as required by the program office;a timeline for completing the work;performance measures;outputs and outcomes identified to achieve the performance measures/goals; budget; and resources designated to complete the work. B. PROGRAM REQUIREMENTS 1. Allowable Costs a. This is a cost reimbursement award;the Grantee shall be reimbursed for certain costs,as described below, incurred in the performance of work in an amount not to exceed the obligated amount shown in block 15 on the Assistance Award Form(form HUD-1044). In the event the Grantee incurs costs in excess of the prescribed amount,the excess shall be borne entirely by the Grantee. HUD OSHC Terms and Conditions for FY 2011 NOFA 6 b. HUD shall reimburse the Grantee for costs incurred in the performance of this award which are determined by the GTR and the Grant Officer to be allowable, allocable, and reasonable in accordance with applicable Federal cost principles as follows: Cost Principles for State, Local, and OMB Circular A-87 Relocated to 2 CFR,Part 225; Indian Tribal Governments http://www.whitehouse.gov/o mb/circulars/a087/a87_2004.ht ml Cost Principles for Non-profit OMB Circular A-122 Relocated to 2 CFR,Part 230; Organizations http://www.whitehouse.gov/o mb/fedreg/2005/083105_a 122. _pdf Cost Principles for Educational OMB Circular A-21 Relocated to 2 CFR,Part 220; Institutions http://www.whitehouse.gov/o mb/fedreg/2005/083105a21.p df Audits of States, Local Governments, OMB Circular Relocated to 2 CFR Part 180; and Non-Profit Organizations A-133 http://www.whitehouse.gov/o mb/fedreg/2005/083105_a 13 3. pdf _ Cost Principles for Commercial/For- Federal Acquisition http://www.access.gpo.gov/cgi profits Regulations at 48 CFR - Part 31.2 bin/cfrassemble.cgi?title=2009 48 c. Direct Costs are the allocable portion of allowable costs incurred directly for the purposes of the grant.Detailed explanations of direct costs are provided in applicable OMB Circulars(A- 21 (2 CFR Part 220),Cost Principles for Educational Institutions,A-87(2 CFR Part 225), Cost Principles for State,Local,and Indian Tribal Governments,or A-122 (2 CFR Part 230), Cost Principles for Nonprofit Organizations, as applicable)that can be accessed at the White House website,www.whitehouse.gov/omb/circulars_default 2. Administrative Requirements The grantee must adhere to all respective uniform administrative rules for Federal grants and cooperative agreements and subawards as follows: Uniform Administrative Requirements 24 CFR Part 84 http://portal.hud.gov/hudportal/d for Grants and Agreements with ocuments/huddoc?id=DOC_364 Institutions of Higher Education, 46.doc Hospitals, and Other Non-Profit Organizations Administrative Requirements for Grants 24 CFR Part 85 www.hud.gov/offices/lead/librar HUD OSHC Terms and Conditions for FY 2011 NOFA 7 and Cooperative Agreements to State, y/lead/24_CFRPART_85.pdf Local,and Federally Recognized Indian Tribal Governments Grants and Cooperative Agreements with OMB Circular A-102 http://www.whitehouse.gov/omb/ State and Local Governments circulars a102 Uniform Administrative Requirements OMB Circular http://www.whitehouse.gov/omb for Grants and Other Agreements with A-110(Relocated to /fedreg/2005/083105_a110.pdf Institutions of Higher Education, 2 CFR Part 215) Hospitals and Other Non-Profit Organizations Audits of States,Local Governments,and OMB Circular A-133 http://www.whitehouse.gov/omb Non-Profit Organizations; and (Relocated to 2 CFR /fedreg/2005/083105_a133.pdf Part 180), 3. Advance Payment By Treasury Check Or Electronic Funds Transfer Advance payments by Treasury check or electronic funds transfer are hereby authorized under this grant. A Grantee that is subject to existing State program accreditation requirements may request an advance payment in writing, if applicable. HUD may provide to the Grantee a one-time cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the minimum amount needed for the actual, immediate cash requirements of the Grantee in carrying out the start up activities of this agreement and as agreed to by the Grant Officer. Neither these HUD funds nor non-HUD funds may be used for conducting interventions, remediation,rehabilitation,renovation or other activities that would physically alter any structure or property in any way. Refer to 24 CFR 58.34(a)for a list of exempt activities. 4. Amendments This grant may be modified at any time by written amendment. Amendments,which reflect the rights and obligations of either party, shall be executed by both HUD(the Grant Officer) and the Grantee. Administrative amendments, such as changes in appropriation data, may be issued unilaterally by the Grant Officer. 5. Amount of Cost Share(Estimated Cost And Payment—Leveraging)(See Block 14 of form HUD-1044) The estimated cost for the performance of this grant is the "Total Instrument Amount". The Grantee shall be reimbursed by HUD for costs incurred in the performance of this grant. HUD shall not be obligated to reimburse the Grantee in excess of the"Total HUD Amount". HUD reserves the right to withhold five-percent(5%)of the Federal grant amount pending the receipt and approval of a fmal progress report. See clause entitled"Final Report"for HUD OSHC Terms and Conditions for FY 2011 NOFA 8 more information. The proposed contribution to supplement HUD funds is the"Recipient Amount." The Grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of the total costs. The Grantee is not obligated to contribute more than the"Recipient Amount". However,the Grantee shall be solely responsible for any costs in excess of the estimated cost of the"Total Instrument Amount". The Grantee must satisfy all leveraging requirements in the NOFA. If the Grantee's actual leveraging contribution is less than "Recipient Amount"under Block 14 of the HUD 1044,the Government reserves the right to negotiate new line items and/or amounts to satisfy the Grantee's leveraged funds requirement, or to reduce the Government's share proportionally. The Grantee shall notify the Government at any time it believes it will not meet its leveraged funds requirement by the completion of the grant. If the Grantee exceeds the leveraged amount,there will be no impact on the Federal share. HUD reserves the right to withhold payments if leveraged funds are not spent. Any funds requested by the Grantee shall be requested in accordance with the clause entitled, "Estimated Cost and Payment-Line Of Credit Control System (LOCCS)." HUD reserves the right to withhold payment if leveraged resources are not spent. 6. Budget The Grantee shall incur costs in conformance with the original or negotiated budget, presented with the proposal for this grant. The Grantee shall not commingle any funds computed under this grant with any other existing or future operating accounts held by the Grantee. If the Grantee has been contacted to submit documents to support the application that were not received prior to the execution of this grant,the Grantee will not be allowed to draw down funds in excess of 10%of the federal amount, until such time that the requirements have been met. HUD reserves the right to terminate an award if the required documents are not provided within 1 month from the date the written request was made. Standard Form 425,Federal Financial Report(24 CFR Part 84.52 and/or 85.52), detailing leveraged funds or in-kind contributions shall be submitted on a bi-annual basis.As part of the closeout process a final narrative and a final Standard Form 425 detailing the progress made in achieving the purpose of the grant and adequate documentation of the total federal funds expended in support of the activities to achieve this purpose are due to the GTR 90 days after the end of the period of performance (See clause entitled"Closeout"). The Federal Financial Report(Standard Form 425)shall be submitted on a bi-annual basis and is due 30 days after the reporting period. HUD OSHC Terms and Conditions for FY 2011 NOFA 9 7. Central Contractor Registration (CCR) Recipients and their first-tier sub-recipients must maintain current registrations in the Central Contractor Registration(www.ccr.gov)at all times during which they have active federal awards. 8. Certifications and Assurances The certifications and assurances submitted in the Grantee's application are hereby incorporated into this agreement. They include: a. Standard Form 424 or HUD 424,Application for Federal Assistance b. Certification and Disclosure Form Regarding Lobbying(SF-LLL) c. Applicant/Recipient Disclosure Update Report(HUD-2880) d. Certification Regarding Parties Excluded From Procurements e. Certification Prohibiting Excessive Force Against Non-Violent Civil Rights Demonstrators f. Certification/Disclosure Regarding federal Debt g. Certification Regarding a Drug-Free Workplace h. Codes of Conduct and Conflict of Interest A grantee must notify the GTR of any changes in the status or information on the above items. 9. Changes In accordance with 24 CFR 85.30 or 84.25,as applicable, Grantees or sub-grantees must obtain the prior approval of the awarding agency whenever any programmatic changes are anticipated, including but not limited to the following: a) Any revision of the scope or objectives of the project(regardless of whether there is an associated budget revision requiring prior approval). b) Budget revisions that are 10%or more of the total HUD amount among direct cost categories, or, if applicable,among separately budgeted programs,projects, functions, or activities which exceed or are expected to exceed 10%of the current total approved budget,whenever the awarding agency's share exceeds $100,000. c) Changes in key persons in cases where specified in an application or a grant award. In research projects, a change in the project director or principal investigator shall always require approval unless waived by the awarding agency. d) Under non-construction projects,contracting out, subgranting(if authorized by law)or otherwise obtaining the services of a third party to perform activities,which are central to the purposes of the award. HUD OSHC Terms and Conditions for FY 2011 NOFA 10 10. Closeout The Grantee shall provide the Grant Officer with closeout documentation 90 days after to the end of the performance period, consisting of the following five elements: • Narrative Final Report summarizing activities conducted under the award, including significant outcomes resulting from the activities and problems encountered during the performance period; • Federal Financial Report(SF-425)of the total Federal Funds expended; • Completed Inventions,Patents,and Copyright Statement; and • Completed Closeout Certification. HUD will notify the Grantee in writing when the grant is closed. The Grantee has three areas of continuing responsibility after closeout of the grant: • Records and materials must be kept in a safe place and be accessible to auditors and other government officials for three years after the grantee and all subgrantees/subcontractors make final payments and all other pending matters are closed. (If the grant is covered by 24 CFR Part 84, see related record retention requirements in 24 CFR 84.85(c)(2).) This requirement also extends to all subcontracts the Grantee has executed. • Accountability for property continues as long as the Grantee holds the property, or for the period of time established by the agreement. Disposal of property must be in accordance with the rules established in the Property Management Standards referred to in the award. Program income, including royalties,must be used to support eligible activities. • Notification to the Grant Officer if, at any time during the three-year period after project completion,the Grantee organization is discontinued or changes location. The Grant Officer should be notified immediately of the new address or the address of the party retaining all records. 11. Collection Of Data Collection of data from ten or more respondents and sponsored by HUD shall be subject to the Paperwork Reduction Act(44 U.S.C.3501—3520). If a survey instrument for a collection of data sponsored by HUD is proposed, it will be subject to review and approval by the Office of Management and Budget(OMB). Such review and approval must be obtained prior to the use of the survey instrument. Also,a time element is involved here,which may considerably lengthen the time required for completion of the project proposed. Careful consideration should be given to any proposal,which requires the use of a survey or other information collection sponsored by HUD. The collection of data is deemed to be sponsored by HUD only under the following conditions (5 CFR 1320.3): a) The Grantee is conducting the collection of information at the specific request of HUD;or HUD OSHC Terms and Conditions for FY 2011 NOFA 11 b) The terms and conditions of the grant require specific approval by HUD of the collection of information or collection procedures. Note that if the Grantee decides on its own to collect information and it does not need HUD approval to do so,then HUD is not the"sponsor"of the information collection. 12.Compliance with the Federal Funding Accountability and Transparency Act of 2006(Pub.L. 109-282) (Transparency Act) Applicants receiving an award from HUD should be aware of the requirements of the Transparency Act. The Transparency Act requires the establishment of a central website that makes information available to the public regarding entities receiving federal financial assistance,by not later than January 1,2008. In fulfillment of the requirements of the Act, OMB launched http://www.USAspending.gov in December 2007. The website makes information available to the public on the direct awards made by the federal government. The Transparency Act also requires, beginning not later than January 2009,that data on subawards be made available on the same website. In anticipation of the implementation of this requirement,HUD is placing awardees of its FY2010 competitive funding on notice of these requirements and that, once implemented, grantees will be required to report their subaward data to HUD or a central federal database. The only exceptions to this requirement under the Transparency Act are: 1)Federal transactions below$25,000; 2)Credit card transactions prior to October 1, 2008; 3)Awards to entities that demonstrate to the Director of OMB that the gross income of such entity from all sources did not exceed$300,000 in the previous tax year of such entity; and 4)Awards to individuals. Guidance for receiving an exception under item(3)above has not been finalized by OMB. HUD is responsible for placing award information for direct grantees on the government website. The reporting of subaward data is the responsibility of the grantee. Grantees should be aware that the law requires the information provided on the federal website to include the following elements related to all subaward transactions,except as noted above: 1)The name of the entity receiving the award; 2)The amount of the award; 3)Information on the award, including the transaction type, funding agency,the North American Industry Classification System (NAICS)code or Catalog of Federal Domestic Assistance (CFDA)number(where applicable),program source,and an award title descriptive of the purpose of each funding action; 4)The location of the entity receiving the award and primary location of performance under the award, including the city,state, congressional district,and country; HUD OSHC Terms and Conditions for FY 2011 NOFA 12 5)A unique identifier of the entity receiving the award and of the parent entity of the recipient(the DUNS number), should the entity be owned by another entity; and 6)Any other relevant information specified by OMB. 13. Conduct of Work During the effective period of this grant,the GTR and/or the GTM identified in Block 9 of the HUD-1044 shall be responsible for monitoring the technical effort of the Grantee,unless the Grantee is notified in writing by the Grant Officer of a replacement. Only the Grant Officer has the authority to authorize deviations from this grant,including deviations from the Work Plan. In the event the Grantee does deviate without written approval of the Grant Officer,such deviation shall be at the risk of,and any costs related thereto shall be borne by,the Grantee. 14. Confidentiality The service provider(e.g.,the Grantee and any subgrantees, subcontractors or vendors) must maintain confidential files on individual program beneficiaries served. Recipient staff must keep paper files in a locked filing cabinet and protect all electronic files related to individual beneficiaries with a personal password. The service providers shall maintain primary access to individual beneficiary files. Other project management staff may have access to these files only if they contain a"release of information"consent form signed by the individual beneficiary. A release of information form must clearly indicate which parties may have access to an individual beneficiary's file. Such parties might include the management staff and HUD staff. Recipient staff must only share individual beneficiary files with those parties listed on the signed form. If an individual beneficiary has not signed the consent form the parties listed may not read that individual beneficiary's file. These categories serve as guidelines to recipient staff and management staff. The recipient must determine if the individual beneficiary's confidential information will significantly affect the safety and security of that individual or the recipient organization itself 15. Contact Information Updates The Grantee shall inform the Grant Officer and GTR of any changes in contact information, including the organization's name, address,telephone, e-mail, and key personnel. 16. Copyrights HUD reserves a royalty-free,nonexclusive, and irrevocable license to reproduce,publish, or otherwise use, and to authorize others to use for Federal government purposes: (a)the copyright in any work developed under this award, sub-award,or contract awarded under this HUD OSHC Terms and Conditions for FY 2011 NOFA 13 grant; and(b)any rights of copyright to which a Grantee or sub-grantee or a contractor purchases ownership with award funds. 17.Default and Disputes The Grantee is in default if one or more of the following occurs: 1. Any use of award agreement funds for a purpose other than as authorized by this Agreement; 2. Any material noncompliance with Federal, State,or local laws or regulations as determined by HUD; 3. Any other material breach of this award agreement,or 4. Any misrepresentation in the application submissions which, if known to HUD, would have resulted in this award not being provided. 5. Failure to meet any reporting requirement. If HUD determines preliminarily that the recipient is in default as described in items 1-5, above, HUD will give the recipient notice of this determination and the corrective or remedial action proposed by HUD. The recipient shall have an opportunity to demonstrate,within the time prescribed by HUD(not to exceed 30 days from the date of the notice),and on the basis of facts and data,that it is not in default, or that the proposed corrective or remedial action is inappropriate,before HUD implements the corrective or remedial action. Where HUD determines that corrective or remedial actions by the recipient have not been undertaken as instructed, or will not be effective to correct the default and to prevent further default, HUD may take the following additional corrective and remedial actions under this award agreement: 1. Reduce the award in the amount affected by the default. 2. Take action against the recipient under 24 CFR Part 24 and Executive Order 12549 with respect to future HUD or Federal grant awards. 3. Demand repayment of all award amounts. 4. Initiate litigation or other legal proceedings designed to require compliance with the statute, regulations, any terms or conditions of this award agreement, or other pertinent authorities. 5. Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee. 6. Withhold further payments. 7. Take any other remedial action legally available. During performance of the grant,disagreements may arise between the Grantee and the Grant Officer on various issues. If a dispute concerning a question of fact arises,the Grant Officer shall prepare a final decision,taking into account all facts and documentation presented. The decision shall be mailed to the Grantee. The Grantee may appeal the decision in writing within thirty(30)days to the Deputy Secretary of HUD, or his or her designated representative, HUD OSHC Terms and Conditions for FY 2011 NOFA 14 the Director, Office of Sustainable Housing and Communities. Failure to comply with the requirements established in the award and these provisions, including failure to submit reports on time and in accordance with the requirements contained in these provisions, may result in HUD taking action to limit access to program funds. Actions by HUD may include,but are not limited to: requiring that reports and financial statements be submitted to the Grant Officer/GTR for approval before drawing down any funds;removing the Grantee from the eLOCCS; suspending the ability to incur costs or draw funds; and/or suspending or terminating the Grant for non-performance. HUD may, on reasonable notice to the Grantee,temporarily suspend the award and withhold further payments pending corrective action by the Grantee. The award may be terminated in whole or in part before the end of the performance period for cause when the Grantee has failed to comply with the terms,conditions, standards,or provisions of this award. The award may be terminated for convenience when both parties agree that the continuation of the award would not produce beneficial results. 18.Deliverable Products During the performance period,the recipient is required to submit to the GTR Official Work Products. These include but are not limited to progress reports;financial reports,closeout documentation;products specified in the Work Plans,such as reports for HUD and the public on activities conducted and results achieved,etc. Failure to submit required documents on time may cause the Grant Officer to take action to suspend or terminate the award. 19.Equipment When acquiring equipment, the Grantee shall comply with the requirements set forth in 24 CFR 84.34 or 24 CFR 85.32,whichever is applicable, OMB Circular A-87(2 CFR Part 225), and OMB Circular A-122 (2 CFR Part 230). 20.Estimated Cost and Payment-Line Of Credit Control System (LOCCS/eLOCCS) The Grantee shall be reimbursed for costs incurred in the performance of work under this grant in an amount not-to-exceed"Total HUD Amount" in Block 14 of the HUD 1044. In the event the Grantee incurs cost in excess of this amount,the excess shall be borne entirely by the Grantee. Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS)using the eLOCCS web based system. Each day LOCCS generates a payment tape for the Department of the Treasury,which disburses the payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule of Payments. All payments are certified by HUD and forwarded to Treasury for processing. HUD OSHC Terms and Conditions for FY 2011 NOFA 15 Before receiving funds from the eLOCCS,the Grantee must designate a financial institution for HUD to make direct deposit payments through the ACH system. In the event the Grantee,during the performance of this grant,elects to designate a different fmancial institution for the receipt of any payments,notification of such change and the related information must be received by the Grant Officer 30 days prior to the date such change is to become effective. To have access to LOCCS and the eLOCCS,the Grantee shall obtain a Security ID and Password from HUD's LOCCS Security Officer, using the form HUD-27054,LOCCS Voice Response/eLOCCS Access Authorization Form. The Grantee shall submit the original vouchers for work performed to the GTR identified in Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of the cost(s) claimed(Grantees are to use the Part 3 Financial Reporting Attachment included in Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is in accordance with the payment amount requested through the eLOCCS. Payment requires the Grantee to go to eLOCCS and provide the Security ID number and requested information. Detailed instructions for using the LOCCS/eLOCCS were provided in HUD's Transmittal Letter for your award. Funds advanced to the Grantee shall be maintained in an interest bearing account. Any interest earned by the Grantee as a result of the advanced funds shall be promptly returned to HUD. All check remittances should be sent to the new Miscellaneous Lockbox as follows: Bank of America DHUD P.O. Box 277303 Atlanta, GA 30384-7303 If the Grantee is a State, local government or Indian Tribe,the Grantee may retain up to $100.00 of interest earned per Grantee's fiscal year for administrative expenses(24 CFR 85.21). If the Grantee is a University, non-profit or for profit organization,the Grantee may retain up to$250.00 of interest earned per Grantee's fiscal year for administrative expenses(24 CFR 84.22). State universities and hospitals shall comply with the Cash Management Improvement Act(CMIA),as it pertains to interest. Other funds due to HUD after the end date of the grant or close-out,as a result of internal audit or other reasons, will be returned to the GTR identified in Block 9 of the form HUD-1044 of this grant. Should the Grantee demonstrate an unwillingness or inability to establish procedures that will minimize the time elapsing between advances and disbursements, or fail to provide any HUD OSHC Terms and Conditions for FY 2011 NOFA 16 required progress report in a timely manner,the authorization for advance payments may be revoked. The Grantee may then be required to finance the project with its own working capital and payment to the Grantee may be made by Treasury check to reimburse it for actual cash disbursements that are approved by the GTR. 21. Environmental Review This Environmental Review section applies to grantees that will conduct site control or land acquisition (Category 2-Detailed Execution Plans and Programs),as described in the NOFA. Activities that involve site control or acquisition are subject to HUD environmental review under 24 CFR Part 50. For projects involving these activities,HUD's notification of award constituted only a preliminary approval by HUD subject to the completion of an environmental review of the proposed site(s). Selection for participation and the execution of this Agreement do not constitute approval of the proposed site(s).Each proposal involving site control or acquisition is subject to a HUD environmental review, and the Grantee's proposal may be modified or the proposed sites rejected as a result of that review. The Grantee shall not acquire,rehabilitate, demolish,convert, lease,repair,or construct property,nor commit or expend HUD or local funds for these program activities with respect to any eligible property,until HUD approval of the property is received. An option agreement on a proposed site or property is allowable prior to the completion of the environmental review if the option agreement is subject to a determination by HUD on the desirability of the property for the project as a result of the completion of the HUD environmental review and the cost of the option is a nominal portion of the purchase price. The Grantee shall assist HUD in complying with 24 CFR Part 50; shall supply HUD with all available,relevant information necessary for HUD to perform an environmental review for each property, as requested by HUD;and, shall carry out mitigating measures required by HUD or select alternate eligible property if required by HUD.. 22. Fair Housing and Civil Rights Laws a) The Grantee represents,warrants,and certifies to HUD that it shall comply with all applicable Federal statutes,regulations,and requirements relating to non- discrimination and equal opportunity identified in HUD's regulations at 24 CFR § 5.105(a),and assure such compliance of any of its sub-grantees under this Agreement, including the following: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d-2000d-4)and implementing regulations at 24 CFR part 1,Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development- Effectuation of Title VI of the Civil Rights Act of 1964; HUD OSHC Terms and Conditions for FY 2011 NOFA 17 2. Title IX of the Education Amendments of 1972, as amended(20 U.S.C. §§ 1681:1683, 1685:1688)and implementing regulations at 24 CFR part 3, Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; 3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794)and implementing regulations at 24 CFR part 8,Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development; 4. Title II of the Americans with Disabilities Act of 1990(42 U.S.C. § 12101 et seq.) and implementing regulations at 28 CFR part 35; 5. The Fair Housing Act(42 U.S.C. §§ 3601-19)and implementing regulations at 24 CFR Part 100,Discriminatory Conduct Under the Fair Housing Act; 6. Executive Order 11063,as amended by Executive Order 12259,and implementing regulations at 24 CFR part 107,Nondiscrimination and Equal Opportunity in Housing Under Executive Order 11063;and 7. The Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107)and implementing regulations at 24 CFR part 146,Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance. b) The Grantee represents,warrants,and certifies to HUD that it shall administer its grant in a manner that affirmatively furthers fair housing and that,at a minimum, it shall carry out all actions to affirmatively further fair housing as proposed in its application for fmancial assistance under the Sustainale Communities Initiative Grant Programs. c) The Grantee represents,warrants, and certifies to HUD that it shall ensure that employment, contracting, and other economic opportunities generated by the Sustainale Communities Initiative Grant Programs shall,to the greatest extent feasible,be directed to low-and very low-income persons pursuant to Section 3 of the Housing and Urban Development Act of 1968(12 U.S.C. 1701u) and HUD's implementing regulations at 24 CFR part 135. d) Grantees are required to cooperate and assist HUD in its nondiscrimination and equal opportunity compliance activities and are required to maintain and submit racial, ethnic,disability, and other demographic data pursuant to HUD's nondiscrimination and equal opportunity regulations including those at 24 CFR§§ 1.6, 8.55, 107.30, and 121.2. HUD OSHC Terms and Conditions for FY 2011 NOFA 18 23.Flow Down Provisions If the Grantee contracts or subawards funds under this agreement with a person or entity to perform work under this award,the Grantee shall include in the contract or subaward agreement such provisions as may be necessary to ensure that all contractors and subgrantees comply with the requirements of the grant and reporting provisions as set forth in these terms and conditions or as established by HUD and the Office of Management and Budget(OMB) The Terms and Conditions of this agreement flow down to all tiers of subgrantees. First tier sub- grantees are required to obtain a DUNS numbers(or update its existing DUNS record),and register with the Central Contractor Registration(CCR;www.ccr.gov)no later than 120 days after execution of this agreement. 24. HUD's Right to Audit and Disallow and Recover Funds The government reserves the right to seek recovery of any funds that were not expended in accordance with the requirements or conditions of this agreement based upon HUD review, the final audit, or any other special audits or reviews undertaken. HUD has the right to order a special audit,even if the Grantee's auditor or a cognizant agency has already conducted one. 25.HUD's SUBSTANTIAL INVOLVEMENT HUD's Office of Sustainable Housing and Communities will work in partnership with its grantees to advance the program objectives of the grant program. The Cooperative Agreement allows for substantial involvement of HUD staff to enhance the performance of the grantee in the completion of their deliverables. Anticipated substantial involvement by HUD staff may include, but will not be limited to: Studies and Reports • Review potential amendment recommendations to the study design and/or Workplan. • Review and provide recommendations in response to bi-annual progress reports(e.g., amendments to study design based on preliminary results). • Review and provide recommendations on the final report/study,including final interpretation of study results. Approvals and Reviews • Authority to halt activity if specifications or work statements are not met; • Review and approval of one stage of work before another can begin; • Review and approval of substantive provisions of proposed sub-grants or contracts beyond existing Federal policy; • Approval of workplan adjustments based on changing conditions and needs documented in the cohort targeted for capacity building. • Review and approval of key personnel Participation and Monitoring HUD OSHC Terms and Conditions for FY 2011 NOFA 19 • Monitoring to permit specified kinds of direction or redirection of the work because of interrelationships with other projects; • HUD and recipient collaboration or joint participation; • Implementing HUD requirements which limit recipient discretion; • Coordination of complementary activities from respective capacity building intermediaries, including determining if workplans require adjustments based on changing conditions; • Where appropriate substantial, direct HUD operational involvement or participation during the assisted activity. 26.Incurrence of Costs The Grantee is allowed to incur costs for activities beginning the effective date of the award as stated on the HUD-1044 under period of performance. Any costs incurred before the date are not allowable unless specifically authorized in writing by the Grant Officer or GTR. At a minimum, grantees are required to drawdown funds on a quarterly basis. An e- LOCCS Request Voucher for Grant Payment(HUD form 27053)must be used to be reimbursed for award funds. Any funds requested by the Grantee shall be requested in accordance with the clause entitled, "Estimated Cost and Payment-Line of Credit Control System (LOCCS)." 27.Indirect Costs For grantees without a federally approved indirect cost rate,a provisional indirect cost rate,pending establishment of a final rate, will be applied to this grant. Reimbursement will be made on the basis of the provisional rate. By accepting this agreement,the Grantee agrees to bill at the provisional indirect cost rate until an approved indirect rate agreement becomes effective. Adjustments will be made from the provisional rate to the fmal rate. However, such adjustments must be within the total amount of the award as stated in Block#15 of the HUD-1044. 28.Inspection and Acceptance Inspection,review,correction,and acceptance of all deliverables under this award shall be the responsibility of the GTR. The GTR may receive recommendations from assigned GTMs. 29. Inspector General Referrals The Grantee or any subgrantee, subcontractor or other sub-recipient awarded funds shall promptly refer to an appropriate inspector general any credible evidence that a principal, employee,agent,contractor, sub-grantee, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery, gratuity, or similar misconduct involving those funds. 30. Limitation on Consultant Payments HUD OSHC Terms and Conditions for FY 2011 NOFA 20 Per the requirements of the NOFA,federal funds may not be used to pay or to provide reimbursement for payment of the salary of a consultant,whether retained by the federal Government or the Grantee, at a rate more than the equivalent of General Schedule 15, Step 10 base pay rate. See the Office of Personnel Management Website, www.opm.gov, and its Salaries and Wages link for the current base rate,which may be lower than the local rate. 31. Limitation on Payments to Influence Certain Federal Transactions Section 1352 of Title 31 of the U.S. Code provides in part that no appropriated funds may be expended by the recipient of a Federal contract, grant, loan,or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with any of the following covered Federal actions: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. 32. Lobbying Activities Prohibition The Grantee is subject to the provisions of section 319 of the Department of Interior and Related Agencies Appropriation Act for Fiscal Year 1991, 31 U.S.C. 1352 (the Byrd Amendment), implemented in HUD regulations at 24 CFR Part 87 and to the provisions of the Lobbying Disclosure Act of 1995,P.L. 104-65 (December 19, 1995). 33. Management and Work Plan The management and work plan, deliverables and budget revisions shall comply with the requirements established by the NOFA. The Grantee shall complete and submit a detailed management and work plan within 60 days after the effective date of the grant;this plan is subject to review and approval by HUD. The revisions to the general plan submitted in the proposal shall include any negotiated changes of the work plan or budget if applicable. The plan shall be developed according to the instructions that will be provided by the GTR. The management and work plan consist of the goals and time-phased objectives and deliverables for each of the major tasks to be undertaken by the program.A revised budget, in accordance with the final negotiation, shall be submitted(if necessary). 34.Monitoring The responsible Departmental official, GTR, or designee may review and monitor the practices of the Grantee to determine whether it is in compliance with this Agreement or other requirements that arise as a result of the Grant Award. The GTR will also provide performance monitoring by tracking Grantee's progress in meeting the goals and objectives of the program. HUD OSHC Terms and Conditions for FY 2011 NOFA 21 35. Order of Precedence In the event of any inconsistency among any provisions of this grant,the following order of precedence shall apply: a) HUD 1044 Cooperative Agreement b) NOFA c) Management and Work Plan. d) Uniform Administrative Requirements. e) Grantee's Proposal (if incorporated) 36.Patent Rights(Small Business Firms And Nonprofit Organizations) Patent rights are as specified in 37 CFR Part 401,entitled"Rights to Inventions made by Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and Cooperative Agreements." Inquiries regarding this Patent Rights clause should be in writing and directed to: Grant Officer Office of Sustainable Housing and Communities U.S. Department of Housing and Urban Development 451 Seventh Street SW,Room 10180 Washington,DC 20410-3000 37.Period of Performance and Extensions and Incurring Costs or Obligating Federal Funds Beyond the Expiration Date a) The Grantee shall provide all services stipulated in this cooperative agreement for the period of months specified in the form HUD 1044, "Assistance Award/Amendment,"or its Continuation Sheet, from the effective date stipulated in Block#5 of the HUD 1044. Grantees are to comply with the requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in charging costs to the grant. All obligations incurred under the award must be liquidated within the period of performance. b) The Grantee shall not incur costs or obligate federal funds for any purpose pertaining to the operation of the project or program, 30 days prior to the end of the period of performance. The only costs which are authorized during the last 30 days of the period of performance are those strictly associated with closeout activities. Closeout activities are normally limited to the preparation of final progress, financial,and required project audit reports unless otherwise approved in writing by the Grant Officer. The Office of Sustainable Housing and Communities has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding is at the sole discretion of that Office. HUD OSHC Terms and Conditions for FY 2011 NOFA 22 38. Personnel The personnel, specified as key personnel in the original or amended HUD form 2010 (Rating Factor Form),Factor 1, Capacity of the Applicant and Relevant Organizational Experience,are considered to be essential to the work being performed hereunder. Prior to diverting any of the specified individuals to other work,the Grantee shall notify the Grant Officer and GTR reasonably in advance in writing and shall submit justification(including proposed substitutions(with the qualifications and experience of the substitute personnel))in sufficient detail to permit evaluation of the impact on the work effort. No diversion shall be made by the Grantee without the written consent of the Grant Officer. 39. Profit/Fee No increment above cost,fee,or profit may be paid to the Grantee or any subgrantee under this award. 40. Program Income Any program income derived as a result of this award shall be added to funds committed under the award to further activities eligible for assistance under this agreement. If not contained in the Work Plan or under Special Conditions itemized in these provisions,prior to using program income to further the objectives of the grant program,the parties shall mutually agree by written amendment on the use of program income. Program income received after the period of performance must be used to further the objectives of the applicable grant program for which this grant is awarded in accordance with 24 CFR 84.24 or 85.25,as applicable. 41.Prohibited Use of Funds You may not use funds for the following ineligible activities: (a) Ineligible administrative activities under 0M13 Circular A-102 (24 CFR Part 85), Grants and Cooperative Agreements with States and Local Governments; OMB Circular A-110 (2 CFR Part 215)Uniform Administrative Requirements for Grants and Cooperative Agreement with Institutions of Higher Education,Hospitals and other Non-Profit Organizations; (b) Ineligible costs under OMB Circular A-87 (2 CFR Part 225), Cost Principles for State and Local and Indian Tribal Governments; and OMB Circular A-122(2 CFR Part 230), Cost Principles for Non-Profit Organizations; (c) Developing plans that would assist business or industry to relocate to an area to the detriment of communities where the business or industry is currently located. This funding restriction does not apply to businesses that are displaced as a result of Category 2 projects. The requirements of the Uniform Relocation Assistance and Real HUD OSHC Terms and Conditions for FY 2011 NOFA 23 Property Acquisition Policies Act of 1970(42 U.S.C. 4601)(codified at 49 CFR Part 24)cover any person who moves permanently from real property or moves personal property from real property as a result of direct acquisition, rehabilitation,or demolition for a program or project receiving HUD assistance (See the General Section). (d) Substitution of Sustainable Communities funds for funding already pledged to support community development;housing; watershed, air and water quality;transportation planning; food production and distribution planning;and other planning activities eligible under the sustainable communities planning program. 42.Publications and News Releases and Social Media The results of work conducted under the award may be made available to the public through dedication, assignment by HUD,or other means,as HUD shall determine. All interim and final reports and any other specified deliverables shall be owned by the government and held for the benefit of the public which shall include Grantee and Grantee's sub- recipients. Interim and final reports(including,if applicable, scientific manuscripts)may not be published by the Grantee or any sub-recipients participating in the work for a period of sixty days after acceptance of the deliverables by the GTR. All deliverables,or any part thereof,and any independent products and special products arising from this award,when published by the Grantee or other participants in the work shall contain the following acknowledgment and disclaimer: The work that provided the basis for this publication was supported by funding under an award with the U.S.Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Government." Copies of all press releases, formal announcements, and other planned, written issuances containing news or information concerning work products or activities of this award that may be made by the Grantee or its staff, or any sub-grantee or other person or organization participating in the work of the award, shall,be provided to the GTR for review and comment before the planned release. Whenever possible,these should be provided to the GTR for review and comment at least two weeks before the planned release,but in no event simultaneously with the release. The use of Social Media, such as web feeds,wikis,blogs,photo and video-sharing, podcasts,and microblogs is acceptable under OSHC grant programs. Information to be released HUD OSHC Terms and Conditions for FY 2011 NOFA 24 through Social Media must be provided to the GTR for review and comment at least 2 business days before the planned release. 43.Reporting a) Deliverables The Grantee shall include a schedule listing all significant project milestones,and dates for submission of all project deliverables including biannual project reports, interim reports where appropriate,the final report, and financial reports utilizing Standard Form 425,the Federal Financial Report. Upon approval of the Work Plan,the Grantee should ensure all deliverables identified in the Work Plan are delivered on time. b) Bi-Annual Progress Reports A template to be used in the preparation of each biannual report will be provided by HUD after grant award. Bi-annual reports must reflect activities undertaken,obstacles encountered and solutions achieved,and accomplishments. Contracts,training materials and protocols,rosters of persons trained, outreach and educational materials prepared, and other significant products developed to implement, analyze or control the project or disseminate information are to be submitted with the biannual reports as attachments. Grantees shall submit reports as specified in this clause. The reports submitted to HUD require the submission of a work plan with specific,time phased,and realistic goals,objectives established. Bi-annual status reports that show progress and measure performance of the program in meeting approved work plan goals, objectives are to be submitted. Grantees are advised that failure to submit timely biannual progress reports will result in not having their"eLOCCS Request Voucher for Grant Payment"processed and also may result in a low performance rating,which could result in grant termination.Reports are due 30 days after the reporting period. c) Required Reports • Grantees are required to submit biannual progress reports. Reporting requirements are specified in the Notice of Funding Availability and these Terms and Conditions. In case of conflict,the more-stringent provisions apply. • Economic Opportunities for Low-and Very Low-Income Persons(Section 3). The HUD Form 60002,Economic Opportunities for Low-and Very Low-Income Persons (Section 3)must be submitted by January 10th, and yearly thereafter. • Federal Financial Report(Standard Form 425) HUD OSHC Terms and Conditions for FY 2011 NOFA 25 d) Final Report A final report shall be submitted. The fmal report shall summarize the applicant's plans, execution of the plans,achievements noted,and lessons learned. The report need not be lengthy, but should be of a quality and detail to provide freestanding description to any outside reader of all of the applicant's work and achievement under the grant. See clause entitled"Closeout"for the specific elements to be included with your final report. Specific and detailed guidance on preparing the forms and the narratives may be obtained from the GTR. 44.Reproduction of Reports BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; "PRINTING"DEFINED Pub. L. 102-392,title II, Sec. 207(a),Oct. 6, 1992, 106 Stat. 1719,as amended by Pub. L. 103-283,title II, Sec. 207,July 22, 1994, 108 Stat. 1440;Pub. L. 104-201, div. A,title XI, Sec. 1112(e)(l), Sept.23, 1996, 110 Stat.2683,provided that: 1) None of the funds appropriated for any fiscal year may be obligated or expended by any entity of the executive branch for the procurement of any printing related to the production of Government publications(including printed forms),unless such procurement is by or through the Government Printing Office. 2) Paragraph(1)does not apply to(A) individual printing orders costing not more than $1,000, if the work is not of a continuing or repetitive nature,and, as certified by the Public Printer, if the work is included in a class of work which cannot be provided more economically through the Government Printing Office, (B)printing for the Central Intelligence Agency,the Defense Intelligence Agency,National Imagery and Mapping Agency,or the National Security Agency, or(C)printing from other sources that is specifically authorized by law. As used in this section,the term"printing" includes the processes of composition, platemaking,presswork, duplicating, silkscreen processes,binding, microform, and the end items of such processes. 45.Review of Deliverables a) Definition-For the purpose of this clause, "Deliverables" include: 1) All interim and fmal reports; 2) Survey instruments required by Work Plan, if applicable; 3) Other physical materials and products produced directly under the Work Plan of this grant, if applicable;and 4) In-kind and leverage commitments, if applicable. b) General HUD OSHC Terms and Conditions for FY 2011 NOFA 26 1) The GTR shall have the sole responsibility for HUD review, correction,and acceptance of the deliverables of this grant. Such review(s) shall be carried out promptly by the GTR,so as not to impede the work of the Grantee. 2) The Grantee shall carry out the required corrections, if any,provided by the GTR and shall promptly return a revised copy of the product to the GTR. 3) The basis for acceptance shall be the Grantee's good faith efforts to complete the deliverables of this grant. 4) The GTR's review, correction, and acceptance of deliverables shall be limited to: (i)corrections of omissions or errors of fact,methodology,or analysis; ii)deletion of irrelevant materials; and(iii)improvements in style readability. 5) In the review and acceptance of deliverables,the GTR may not require any change in the Grantee's stated views, opinions, or conclusions. 6) Should there be any disagreement between the Grantee and the GTR as to any correction,or the methodology or analysis on which any conclusion is based,the GTR may require the Grantee to insert a Government dissent(s)in the appropriate place(s). The inclusion of such dissent(s)in an Official Product of Work, otherwise found acceptable by GTR, and the return to the GTR of a revised copy containing the dissent(s), shall satisfy the requirements for acceptance of the Official Product of Work under this clause. Such dissent(s)shall not apply to any independent publication by the Grantee of Independent Products that may arise from the work or findings of this grant. 46. Scope of Services The Grantee shall furnish the necessary personnel, materials, services,equipment, facilities(except as otherwise specified herein)and otherwise do all things necessary for or incidental to the performance of the work set forth in the original/revised application under the this NOFA,as well as the subsequent Management and Work Plan schedule. 47. Section 508 Compliance Section 508 of the Rehabilitation Act of 1973 requires all Federal electronic and information technology to be accessible by people with disabilities. All Products of Work that will be posted on HUD's website must meet HUD's Web Publication Standards and Procedures at www.hud.gov/assist/webpolicies.cfm. 48. Single Audit Transparency Transactions Listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Sub- recipients. a)Uniform Administrative Requirements for Grants and Agreements"and OMB A-102 (24 CFR Part 85) Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of funds. HUD OSHC Terms and Conditions for FY 2011 NOFA 27 b)For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133 (2 CFR Part 180),"Audits of States, Local Governments, and Non-Profit Organizations,"recipients agree to separately identify the expenditures for Federal awards on the Schedule of Expenditures of Federal Awards(SEFA)and the Data Collection Form (SF-SAC) required by OMB Circular A-133 (2 CFR Part 180). c)Recipients agree to separately identify to each sub-recipient,and document at the time of sub-award and at the time of disbursement of funds,the Federal award number, CFDA number,and amount of funds. d)Recipients agree to require their sub-recipients to include on their SEFA.This information is needed to allow the recipient to properly monitor sub-recipient expenditure of as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 49. Special Conditions Special Conditions to this award are listed in the form HUD-1044 Continuation Sheets. 50. Sub-recipient Monitoring and Management Recipients will be responsible for the monitoring and management of all sub-recipient awards. Management and reporting requirements applied to direct recipients tier-down to employees,affiliates, sub-recipients, and subcontractors, and recipients will be responsible for ensuring compliance and submitting required reports to HUD. Recipients may incorporate all sub-recipient reporting into a consolidated report with the exception of the requirements established for compliance with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) also known as FFATA or the Transparency Act. 51.Whistleblower Protection Each grantee or sub-grantee awarded funds made available shall promptly refer to the HUD Office of Inspector General any credible evidence that a principal, employee, agent, contractor, sub-recipient, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Complaints can be made to the HUD Office of Inspector General through any of the following means: Calling toll-free at 1-800-347-3735;persons who have hearing or speech disabilities may reach this number from the Federal Relay Service, at 1-800-877- 8339. Faxing at(202) 708-4829 E-mailing to hotline @hudoig.gov Writing to HUD OIG Hotline(GFI),451 7th Street, SW,Washington,DC 20410 FY 2011 COMMUNITY CHALLENGE 1i(ANT CITY OF OPA-LOCKA BUDGET NARRATIVE 1. Personnel ($119,025) A match of$39,948 to cover 30% of the salary cost for 1.5 year for Community Development Director. He will be the Project Manager and will liaison with the selected planning consultant and Opa-Locka Community Development Corporation (OLCDC). As Project Manager, he will review the payment request,the progress reports and verify compliance with the grant award. A match of$22,501 to cover 30% of the salary cost for 1.5 year for a Code Enforcement Staff who will work with the project manager to provide all the consultants with the necessary information to complete the new zoning and comprehensive plans. A match of$33,752 to cover 30% of the salary cost for 1.5 year for a Public Works Staff. Public Works will provide information regarding the infrastructure of the City. A match of $8,424 to cover 10% of the salary cost for the Grant Coordinator. The Grant Coordinator will oversee the reporting and compliance for the project. She will be responsible for the preparation and submission of the required reporting documentation and will verify compliance with grant requirements. A requested of $28,800.00 to cover the cost for two (2) paid internships ($12/hour x 40 hours/wk. x 15 weeks for 2 interns) for two summers. A portion of the funds requested for the Planning Director and 'whose function will now be carried out by the Planning consultant firm (see#6)will go towards funding the internship positions. 2. Fringe Benefits($18,365) A match amount of$6,137 will cover the fringe benefit cost, which include health insurance, FICA, unemployment insurance, workman's compensation and retirement cost, for the Community Development Director @ 30%x 15.35%of salary. A match amount of $3,454 will cover the fringe benefit cost, which include health insurance, FICA, unemployment insurance, workman's compensation and retirement cost, for the Code Enforcement staff @ 30%x 15.35%of salary. A match amount of $5,181 will cover the fringe benefit cost, which include health insurance, FICA, retirement, workman compensation and unemployment insurance cost, for the Public Work staff at 30%x 15.35%of salary. A match amount of $1,293 will cover the fringe benefit cost, which include health insurance, FICA, retirement, workman's compensation and unemployment insurance cost for the Grant Coordinator @ 10%x 15.35%of salary. A request of$ 4,600.00 will cover the fringe benefit cost (FICA, unemployment insurance, and workman's comp) and background check fees for the two paid interns for the two summers. SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 1 FY 2011 COMMUNITY CHALLENGE Ur:ANT 3. Travel($9,423.60) Transportation — local private vehicles — A match of$288.60 for mileage reimbursement to attend meeting with the local county agencies: • SFRPC meeting—4 trips at 40 miles roundtrip @55.5 cent/mile=$88.80 • DERM meeting—2 trips at 24 miles roundtrip @55.5 cent/mile=$26.64 • PHCD meeting-2 trips at 24 miles roundtrip @55.5 cent/mile= $26.64 • WASD meeting- 2 trips at 30 miles roundtrip @55.5 cent/mile=$33.30 • MDT meeting-2 trips at 30 miles roundtrip @55.5 cent/mile= $33.30 • Public Works meeting- 2 trips at 42 miles roundtrip @55.5 cent/mile=$46.62 • FDOT meeting-2 trips at 30 miles roundtrip @55.5 cent/mile=$33.30 Airfare: - A request of$2,400 to cover airfare cost for three (3) trips @ $400.00/trip/person to Washington, D.C. for two (2) people to attend U.S. Department of Housing and Urban Development required training workshop/seminars. Other Transportation: -A request of$750 to cover the cost of a car rental @ $250/per trip for 3 trips. Per Diem&Lodging:-A request for$5,076 for per diem for three (3)trips to Washington, D.C. 2 person for three(3)days and is broken as follows: (i) Meals& Incidentals -$71/day x 3 days x 2 people x 3 trips=$1,278 (ii) Lodging for 3 nights for 2 people @$226/night/person x 3 trips=$3,159 (iii)Travel days per diem for 2 day for 2 people @ $53.25/day/person x 3 trips=$639 A match amount of$909 will cover the remaining balance for lodging for 3 nights for 2 people for 3 trips. • 4. Equipment($0) None requested. 5. Supplies and Materials($1,109 Cash match to purchase general supplies for the project: File folders 6 boxes @ $15 x 6=$90.00 Pens 12 boxes @ $10/box=$120.00 Printer/copy paper 1 case/month @$25 x 18 =$450.00 Community engagement promotion materials: Flyers and notices to promote the meeting 1500@ $0.30 ea=$449.00 6. Consultants ($110,557) The City will identify and contract with a planning consulting firm with engineering capability that specialize in the issues related to community planning and development of a comprehensive plan and capital improvement (see attached procurement manual). The planning consultant will replace the Planning Director the City had intended to hire for the project. The planning firm will SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 2 FY 2011 COMMUNITY CHALLENGE tit{ANT provide technical assistance and develop estimated budgets for the implementation of recommended projects identified in the new Comprehensive Plan and Zoning Ordinances. 7. Contracts and Sub-Grantees ($694,565) Opa-locka Community Development Corporation (OLCDC) A request of$472,296 will cover the cost for Project Administration services provided by OLCDC. A match amount of$222,269 comprising of in-kind and cash will be provided by OLCDC. 8. Construction Cost None requested. 9. Other Direct Cost($28,8911 Cash match of$2,000.00 will be used to purchase two (2) project laptops at $1,000.00 each. The laptops will provide the flexibility of having all project related data and information accessible at all meetings. A cash match of$4,500 will use to purchase GIS software with 3 licenses (one license will be placed on a desktop in the planning department and one on each of the two new laptops). This software will allow the City to prepare detail maps that provide access to information about the geographic datasets and features of the City. Cash match of$720.00 (2 licenses @ $360.00 each) will be used to purchase Microsoft Project software for the two laptops. Cash match of$1,500.00 for Microsoft Project user training. Cash match of$2,525.00 for ArcGIS Desktop training and is as follows: (1) ArcGIS Desktop II: Tools and Functionality- $1,515.00 (2) ArcGIS Desktop III: GIS Workflows and Analysis- $1,010.00 Cash match of$1,991.50 for travel cost for ArcGIS Desktop training: Airfare: -A request of$400 to cover airfare cost for 1 trip for 1 person to the training location. Per Diem&Lodging: -A request for$1,591.50 for per diem for one (1)trip for five(5)days and is as follows: (i) Meals& Incidentals - $71/day x 5 days x 1 person x 1 trips=$355.00 (ii) Lodging for 5 nights for 1 person @ $226/night/person x 1 trips=$1,130.00 (iii)Travel days per diem for 2 day for 1 person @$53.25/day/person x 1 trips=$106.50 A cash match of$652.50 (2 memberships for$450 plus 45% chapter APA dues) will be used for membership to the American Planning Association for the Community Development Director SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 3 FY 201i COMMUNITY CHALLENGE GRANT and City Planner. This membership will provide the City with access to the latest written information in planning and samples for the project. A cash match $250.00 (5 members @ $50.00 each) will go toward membership to the American Planning Association for the City's five (5) planning commissioners. The planning council is important to the overall project. The commissioners will be able to receive the training in the latest development in community planning. Cash match of $ $2,000.00 to produce large mounted maps (10 maps @ $200.00 ea.) of the project area as part of the Community Engagement strategy. Cash match of $500.00 to purchase projector which will be used for project community engagement activities. Cash match of$252.00 to purchase portable screen and carry case which will be used for project community engagement activities. Cash match of$12,000.00 will be host and design website for the project. The cost also includes content management system that is easy to update and user friendly. The site will allow members of the community to comment on the project and leave their suggestion. SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 4 FY 2011 COMMUNITY CHALLENGE GRANT OPA LOCK COMMUNITY DEVELOPMENT CORPORATION BUDGET NARRATIVE A request of $472,296 will cover the cost for Project Administration; a match amount of $222,269 comprising of in-kind and cash; and sub-consultant(RFA)match amount of$40,000 in in-kind contribution will be provided as follows: 1. Personnel ($193,560) A match of$75,000 to cover 10% of the salary cost for 1.5 year for 2 Senior Staff time (2 FTE $250,000 x 1.5 years x 10%). Senior Staff will oversee to program compliance, reporting and outcomes. A requested of$100,000.00 to cover the cost of a Planning & Outreach Director for 1.5 years. The Planning and Outreach Director title will be changed to Assistant Director of Planning. The salary range for the position is $45,000-$60,000. The position that will be advertised in a major publication and the company's website, qualified applicants will be interview and the successful applicant will be screened before hire. The Assistant Director of Planning will be primarily responsible for managing the Sustainable Opa-Locka 20/30 Initiative, specifically for undertaking the required tasks to develop workplans, coordinate consultants' delivery of products, and coordinate government agency participation in the Initiative. The Assistant Director of Planning will also facilitate other assigned duties and/or related planning activities that support neighborhood revitalization initiated by OLCDC. A match of$18,560 will cover the remaining cost of the Planning& Outreach Director, now the Assistant Director of Planning, for 1.5 years. 2. Fringe Benefits ($29,711) A match amount of$11,512 will cover the fringe benefit cost, which include health insurance, FICA, unemployment insurance, workman's compensation and retirement cost, for the Senior Staff assigned to the project. A match amount of$18,199 will cover the fringe benefit cost, which include health insurance, FICA, retirement, workman's compensation and unemployment insurance cost for the Assistant Director of Planning. 3. Travel ($9,423.60) Airfare: - A request of$2,400 to cover airfare cost for three (3) trips @ $400.00/trip/person to Washington, D.C. for two (2) people to attend U.S. Department of Housing and Urban Development required training workshop/seminars. Other Transportation: -A request of$750 to cover the cost of a car rental @ $250/per trip for 3 trips. Per Diem&Lodging: -A request for$5,076 for per diem for three (3)trips to Washington, D.C. 2 person for three (3)days and is broken as follows: (i) Meals& Incidentals- $71/day x 3 days x 2 people x 3 trips=$1,278 (ii) Lodging for 3 nights for 2 people @$226/night/person x 3 trips=$3,159 SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 5 FY 2011 COMMUNITY CHALLENGE GRANT (iii)Travel days per diem for 2 day for 2 people @ $53.25/day/person x 3 trips=$639 A match amount of$909 will cover the remaining balance for lodging for 3 nights for 2 people for 3 trips. 4. Equipment ($0) None requested. 5. Supplies and Materials($23,070) Subscription to GIS mapping services http://www.policymap.com/ $10,000 Materials for meetings $5,000 Reproduction/copying costs for report drafts $3,570 Maintenance contracts for devices used in field work and meetings $3,780 (3 smart phones @ $70/month x 18 months) Copying paper($25/case x 24) $600 File folders ($10/box x 12 boxes) $120 6. Consultants ($0) None requested. 7. Contracts and Sub-Grantees ($272,000) A request of$232,000 will be used for contracting with RFA for Master Planning Services - which includes labor, travel and accommodations, and reproduction costs. RFA will prepare the guidelines,plans and reports as defined in the Workplan. RFA will also provide a matching contribution of$40,000. 8. Construction Cost($159,000) A request of$100,000 and a match of$25,000 will be used for site acquisition. The property will be used for affordable housing which will be consistent with the design and sustainability standards developed in the Sustainable Opa-Locka 20/30 planning project. A match of$34,000 will be used for 400 hours of contracted Architectural Services at an average cost of$85 per hour. 9. Other Direct Cost($9,000) A request of$9,000 will be use for the rent of the office space which will be the staging location for all project activity. ' SUSTAINABLE OPALOCKA 20/30 BUDGET NARRATIVE Page 6