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HOME PROGRAM AGREEMENT
THIS AGREEMENT, entered into this ~/ day of ~bik~i~ 010, by and between the CITY OF
MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention
Center Drive, Miami Beach, Florida, (hereinafter referred to as the City), and the MIAMI BEACH
COMMUNITY DEVELOPMENT CORPORATION, anot-for-profit Florida corporation, with offices
located at 945 Pennsylvania Avenue, Miami Beach, Florida (hereinafter referred to as MBCDC).
WITNESSETH:
WHEREAS, on February 18, 1992, the City was designated by the United States Department
of Housing and Urban Development (HUD) as a participating jurisdiction for the receipt of funds as
provided under the HOME Investment Partnerships Program and pursuant to the HOME Program
Final Rule, 24 CFR PART 92, as same may be amended from time to time; and
WHEREAS, the City has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No.
93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified
Community Housing Development Organization (CHDO) under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through the Fiscal Year 2009/2010 One-Year Action Plan for Federal funds, adopted by
Resolution No. 2009-27116 on July 15, 2009.
NOW, THEREFORE, inconsideration of the mutual promises contained herein, the parties
hereto agree as follows:
ARTICLE I
As used in this Agreement the terms listed below shall have the following meanings
(a) HOME Program: HOME Investment Partnerships Program, Final Rule, 24 CFR Part
92, as same may be amended from time to time;
(b) HUD: United States Department of Housing and Urban Development or any
successor agency;
(c) CHDO: Community Housing Development Organization, as defined in the HOME
Program;
(d) Funds: HOME Program funds;
(e) CHDO Operating Expenses: Those eligible reasonable and necessary costsforthe
operation of the CHDO such as salaries, wages, and other employee compensation and
benefits; employee education, training, and travel; rent; utilities; communication costs; taxes;
insurance; and equipment, materials and supplies. MBCDC agrees that eligible operating
expenses under this Agreement are limited to those eligible costs for operating expenses as
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outlined in the HOME Program, at 24 CFR PART 92.208. Funds may not be used to pay
operating expenses incurred by a CHDO acting as asub-recipient or contractor under the
HOME Program.
Any term not otherwise defined in this Article I or in this Agreement shall have the meaning set forth
in the HOME Program.
ARTICLE II
ALLOCATION OF HOME FUNDS
In consideration for the performance by MBCDC of its role and responsibilities, as set forth in this
Agreement, the City will provide MBCDC with SIXTY-THREE THOUSAND, ONE HUNDRED SIXTY-
THREE DOLLARS ($63,163) (the Funds), from its Fiscal Year 2009/2010 HOME allocation to
MBCDC, to be used for eligible CHDO Operating Expenses in accordance with the Scope of
Services (Exhibit A) and Operating Budget (Exhibit B), attached and incorporated hereto. The
Funds will be used solely to pay eligible CHDO Operating Expenses during the period commencing
on October 1, 2009, and ending on September 30, 2010 (the Term). Any remaining balance of
Funds at the end of the aforestated Term shall automatically revert to the City without further notice
and/or demand by the City, and shall be remitted by MBCDC within ten (10) days of the conclusion
of said Term.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
In accordance with the HOME Program, at 24 CFR PART 92.300(a)(2), MBCDC may retain the
proceeds resulting from investment of its CHDO set aside funds for use in other housing activities
which benefit low-income families. However, any retention of HOME funds for housing not meeting
the affordability requirements of the HOME Program, at (24 CFR PART 92.254(a)(5)(ii)), will be
considered Program income and will be repaid in accordance with the requirements of the HOME
Program, (at 24 CFR PART 92.503).
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS
PROVIDED UNDER THE HOME PROGRAM
MBCDC expressly agrees that the following provisions shall be applicable to the Funds:
(a) MBCDC will enter into a written agreement (or agreements) with the City, within
twenty-four (24) months of the effective date the Fiscal Year 2009/2010 HOME Agreement
between HUD and the City, in order to commit the Funds to a specific eligible CHDO project
or projects. The City, at its sole discretion, may require commitment of the Funds within an
alternate time period, as determined in the sole and reasonable discretion of the City
Manager, in the event same is necessary to avoid recapture of said Funds.
(b) MBCDC will maintain a financial management system that conforms to the financial
accountability standards of the HOME Program, at 24 CFR PART 84.21 ("Standards for
Financial Management Systems").
(c) Affirmative Marketing. MBCDC shall adopt and implement affirmative marketing
procedures for rental and home buyer projects containing five (5) or more HOME-assisted
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housing units, as set forth in the HOME Program, at (24 CFR 92.351), and to maintain
records of its affirmative marketing activities in accordance with the record keeping
requirements of the HOME Program, (at 24 CFR 92.508 (a)(7)(ii)).
(d) CHDO Capabilities. MBCDC (acting as a CHDO) shall develop, sponsor or own the
projects funded the Funds and, in any of these capacities, shall at all times have/maintain
effective management control.
(e) Change in Status: MBCDC shall advise the City, in writing, within thirty (30) days of
any organizational, operational, or legal status changes made by MBCDC that affect
documents that were submitted by MBCDC to obtain CHDO status.
(f) Property Standards: MBCDC shall comply with the property standards requirements
set forth in the HOME Program, (at 24 CFR PART 92.251).
(g) MBCDC shall comply with the requirements of Executive Orders Nos. 11625 and
12432 concerning Minority Business Enterprise and 12138 Women's Business Enterprise
which encourage the use of minority and women's business enterprises, to the maximum
extent possible, in connection with HOME-funded activities.
(h) MBCDC shall comply with the Displacement, Relocation, and Acquisition
requirements in accordance with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(i) MBCDC shall comply with all of the following federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity, as same may be amended:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) -- States that no person
may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving federal financial assistance on
the basis of race, color, or national origin. Its implementing regulations may be
found in 28 CFR Part 1.
(2) Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act") (42 U.S.C. 3601)
and its implementing regulations at 24 CFR Part 100-115 --Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the
basis of race, color, religion, sex, national origin, familial status or handicap.
(3) Equal Opportunity in Housing (Executive Order 11063, As Amended by
Executive Order 12259) and implementing regulations at 24 CFR Part 107 --
Prohibits discrimination in housing or residential property financing related to any
federally assisted activity against individuals on the basis of race, color, religion, sex
or national origin.
(4) Age Discrimination Act of 1975, (42 U.S.C. 6101) and its implementing
regulations at 24 CFR Part 146 --Prohibits age discrimination in programs receiving
federal financial assistance.
(5) Equal Employment Opportunity, Executive Order 11246, and its implementing
regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
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Provisions to effectuate this prohibition must also be included in all construction
contracts exceeding $10,000.
Q) MBCDC shall comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701 u) -which requires that, to the greatest extent
feasible, opportunities for training and employment arising from HOME will be provided to
low-income persons residing in the program service area, and, to the greatest extent
feasible, contracts for work to be performed in connection with HOME will be awarded to
business concerns which are located in or owned by persons residing in the program service
area.
(k) MBCDC will ensure that all units in a project assisted with HOME funds comply with
the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing
regulations at 24 CFR PART 35.
(I) MBCDC shall comply with the Federal Labor Standards Provisions, as described in
HUD Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs) --Applies to all projects with twelve (12) or more HOME-assisted
units, regardless of whether HOME funds are used for construction or other costs.
(m) MBCDC agrees to administer a policy to ensure that it complies with the Drug-Free
Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the
workplace is free from the unlawful manufacture, distribution, dispensing, possession or use
of drugs or alcohol.
(n) MBCDC agrees to adhere to and be governed by the following accessibility
requirements:
1. Architectural Barriers Act of 1968, As Amended (42 U.S.C.4151) and its
implementing regulations at 35 CFR Part 107 -- States that public (i.e., those
intended to be accessible to the general public) buildings and conveyances financed
with federal funds are designed, constructed, or altered to provide accessibility to the
physically handicapped.
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally
assisted programs on the basis of handicap and imposes requirements to ensure
that "qualified individuals with handicaps" have access to programs and activities
that receive federal funds.
3. Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act"
(42 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115.
4. MBCDC must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as
Exhibit "C". In the event MBCDC fails to execute the City's Affidavit, or is found to be
in non-compliance with the provisions of the Affidavit, the City may impose such
sanctions as it may determine to be appropriate, including but not limited to,
withholding of payments to MBCDC under the Agreement until compliance, and/or
termination of the Agreement.
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ARTICLE V
jINTENTIONALLY OMITTED]
ARTICLE VI
METHOD OF PAYMENT
The Funds shall be paid to MBCDC as follows:
(a) MBCDC shall be paid for eligible Operating Expenses, as set forth in the Budget
(Exhibit B); based on actual costs; and with supporting documentation. MBCDC shall be
paid only for those expenditures identified in the Budget (Exhibit B). Operating Expenses not
identified in the Budget must obtain the prior written approval of the City Manager prior to
MBCDC incurring same. Budget line item transfers must also have the priorwritten approval
of the City Manager.
Supporting documentation shall include, but not be limited to, the following:
(1) Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and properly
reflect all revenues and expenditures of Funds.
(2) A system of allocation that will assure reliable cost measurements and customary
service delivery costs.
(3) Time sheets for split-funded employees, who work on more than one activity, in
order to record the HOME activity delivery cost by project and the non-HOME related
charges.
(b) Requests for payment shall be assembled by calendar month and received by the
City no later than the 10th day of the succeeding month. Failure to comply may result in
rejection of invoices.
(c) No payments will be made without evidence of all appropriate insurance required by
this Agreement.
(d) MBCDC understands and agrees that disbursements of Funds underthis Agreement
may not be requested until said Funds (or portions thereof) are needed for payment of
eligible costs. The amount of each request must be limited to the amount needed. In no
event shall the City provide advance funding to MBCDC, nor shall MBCDC advance Funds
to any party.
Payment of all or any portion of the Funds may be withheld pending the receipt and approval by the
City of any and all reports and documents which MBCDC is required to submit pursuant to this
Agreement.
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ARTICLE VII
(a) MBCDC agrees that no work or services contemplated by this Agreement (including
without limitation, consultant work or services) shall be subcontracted or reimbursed without
the prior written approval of the City Manager.
(b) MBCDC shall require, and shall include language in all contracts with sub-
contractors, that said sub-contractor shall hold the City of Miami Beach, Florida, harmless
against all claims of whatever nature arising out of the subcontractor's performance of work
or services.
(c) MBCDC shall provide the City with copies of all executed subcontracts within ten (10)
days after execution.
ARTICLE VIII
[INTENTIONALLY OMITTED]
ARTICLE IX
TERM OF AGREEMENT (TERM)
This Agreement shall become effective on October 01, 2009, and shall terminate on September 30,
2010.
ARTICLE X
[INTENTIONALLY OMITTED]
ARTICLE XI
AMENDMENTS
Any amendments or modifications to this Agreement shall only be valid when they have been
reduced to writing and duly approved and signed by both parties hereto. Any changes which do not
materially change the scope of the Agreement, or increase the total amount of Funds payable under
this Agreement, shall be valid only when reduced to writing and approved and executed by the
parties but, as to the City, such amendments may be approved and signed by the City Manager.
ARTICLE XII
CONFLICT OF INTEREST
(a) MBCDC shall comply with the standards contained in the HOME Program, at 24 CFR
Part 92.356, which states that no owner, developer or sponsor of a project assisted with
HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor),
whether private for-profit or non-profit (including a CHDO when acting as an owner,
developer or sponsor) may occupy aHOME-assisted affordable housing unit in a project.
This provision does not apply to an owner-occupant of single- family housing or to an
employee or agent of the owner or developer of a rental housing project who occupies a
HOME assisted unit as the project manager or maintenance worker. Exceptions may only
be granted by the City in accordance with 24 CFR Part 92.356(f)(2).
(b) MBCDC shall disclose any possible conflicts of interest or apparent improprieties of
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any party that is covered by the above standards. MBCDC shall make such disclosure in
writing to the City Manager immediately upon MBCDC's discovery of such possible conflict.
The City will then render an opinion, which shall be binding on all parties.
(c) Related Parties. MBCDC shall report to the City the name, purpose, and any other
relevant information in connection with any related-party transaction. This includes, but is
not limited to, afor-profit ornon-profit subsidiary or affiliate organization, an organization with
overlapping board of directors, and an organization for which MBCDC is responsible for
appointing memberships. MBCDC shall report this information to the City upon forming the
relationship or, if already formed, shall otherwise report it immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
MBCDC shall indemnify and hold harmless the City, and/or its officers, directors, employees, and
agents, from any and all claims, liabilities, losses, and causes of action which may arise out of an
act, omission, negligence or misconduct on the part of MBCDC, or any of its officers, directors,
employees, agents, servants, contractors, subcontractors, consultants and sub consultants, patrons,
guests, clients, and/or invitees. MBCDC shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits in the name of the City, and/or its officers, directors,
employees and agents, and shall pay all costs and judgments which may issue thereon. This
indemnification shall survive termination and/or expiration of this Agreement.
MBCDC shall maintain, during the term of this Agreement, the insurance specified below.
(1) General Liability: $1,000,000 combined single limit for bodily injury and property
damage, for each occurrence, subject to adjustment for inflation.
(2) Contractual Liability: the policy must include coverage to cover the above
indemnification.
(3) Automobile and vehicle coverage, in the amount of $1,000,000 per occurrence,
subject to adjustment for inflation, shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement, including non-
owned automobile coverage.
(4) Workers' Compensation Coverage as required pursuant to Florida Statute.
(5) Builders RisklComprehensive Fire and Hazard Insurance (multi-family projects
only): MBCDC shall deliver to the City the original policy of Builder's Risk and
Comprehensive Fire and Hazard Insurance, in completed value form, with extended
coverage in the amount of the full insurable value of the specific funded project or projects,
upon completion of construction (and providing for adjustment subject to inflation), issued
by a company satisfactory to the City.
(6) Flood Insurance (multi-family projects only): If the floor grade of the first level of
the building is determined to be below the base floodplain elevation required by the
Federal Emergency Management Agency (FEMA) of eight (13) feet above National
Geodetic Vertical Datum (NGVD), MBCDC shall deliver to the City evidence satisfactory to
the City that the premises are covered by flood insurance supplied by the Federal
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Insurance Administration, to the maximum amount available, all as provided in the Flood
Disaster Protection Act of 1973, as amended, together with appropriate endorsement.
MBCDC agrees that the City shall have the right to take any action necessary to continue
said insurance in full force.
MBCDC shall submit to the City ORIGINAL certificates of insurance for the above coverages,
with the City of Miami Beach, Florida, named as an additional insured. All insurance coverage
shall be approved by the City's Risk Manager prior to the release of any Funds under this
Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk
Manager within thirty (30) days after the execution of this Agreement, this Agreement shall
automatically terminate and become null and void, without further notice to MBCDC required, and
the City shall have no obligation under the terms hereof. In the event of such automatic termination,
MBCDC shall immediately return the entire amount of the Funds to the City, and the City's rights and
remedies against MBCDC shall be the same as set forth in Article IX.
ARTICLE XIV
REPORTS
(1) Progress Reports. MBCDC agrees to submit monthly status reports, which shall
describe the progress made by MBCDC in achieving each of the objectives identified in the
Scope of Services (Exhibit "A"). The progress report shall be submitted no later than ten
(10) days after the end of each month. It will be the sole responsibility of MBCDC to notify
the City, in writing, of any action, law, or event that will impede or hinder the success of the
activities contemplated by this Agreement. After such notification, the City Manager will take
whatever actions it deems appropriate to ensure the success of the project/program.
(2) Annual Reoort. MBCDC shall submit a cumulative status report (hereinafter referred
to as the Annual Report) which shall describe the progress made by MBCDC in achieving
each of the objectives identified in the Scope of Services (Exhibit "A") during the previous
year. The Annual Report reporting period covers a twelve (12) month period beginning
October 30, 2009 and ending October 29, 2010, and shall be received by the City by
October 15, 2010.
(3) The City may require that MBCDC submit such other reports, as the City Manager
may reasonably deem necessary to demonstrate compliance with any of the terms of this
Agreement.
If the required reports described above are not submitted to the City, or are not completed in a
manner reasonably acceptable to the City Manager, the City may withhold further payments until
they are completed, or take any other such action, including default, as the City Manager may deem
appropriate.
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ARTICLE XV
AUDIT AND INSPECTIONS
MBCDC shall maintain any and all records, as necessary, to document compliance with the
provisions of this Agreement. At any time during normal business hours and as often as the City
(and/or the comptroller of the United States) may deem necessary, there shall be made available to
the City Manager and/or his authorized representatives, (and/or the U.S. Comptroller and/or his
authorized representatives), to audit, examine and make audits, of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment, and other data relating to all matters
covered by this Agreement. If during the course of a monitoring, the City determines that any
payments made to MBCDC do not constitute an allowable expenditure, the City will have the right to
re-capture said monies, which shall include, without limitation, the right to deduct/reduce those
amounts from their related invoices and/or from any remaining portion of Funds not yet paid to
MBCDC.
ARTICLE XVI
COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
MBCDC shall comply with all applicable Federal regulations as they may apply to program
administration. Additionally, MBCDC will comply with all State, County and City laws and ordinances
hereto applicable.
ARTICLE XVII
TERMINATION DUE TO LACK OF FUNDING
It is expressly understood and agreed by the parties hereto that the Funds originate from grants of
HOME funds and must comply with all applicable HUD rules and regulations.
It is expressly understood and agreed that, in the event of curtailment or non-production of said
Federal funds, the financial sources to pay MBCDC under this Agreement will not be available and,
then in such event, this Agreement will thereby terminate effective as of the time that it is determined
by the City Manager, in his sole and reasonable judgment and discretion, that said funds are no
longer available.
In the event of such termination, MBCDC agrees that it will not look to, nor seek to hold, the City of
Miami Beach and/or any of its officials, officers, employees, agents and/or contractors, personally
liable for performance of this Agreement, and the City shall be released from further liability to
MBCDC under the terms of this Agreement.
ARTICLE XVIII
ACCESS TO RECORDS
MBCDC shall allow access to all financial and other records, during normal business hours, to
authorized Federal, State, Miami-Dade County, or City representatives, and shall provide such
assistance as may be necessary to facilitate financial and/or other audit by any of these
representatives including, without limitation, as deemed necessary by such representatives toinsure
compliance with applicable accounting and financial standards.
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ARTICLE XIX
[INTENTIONALLY OMITTED]
ARTICLE XX
PROJECT PUBLICITY
MBCDC agrees that any news release or other type of publicity pertaining to the project must
recognize the City as the recipient funded by the United States Department of Housing and Urban
Development and administered by the City of Miami Beach Office of Real Estate, Housing and
Community Development Department as the entity which provided Funds for the Project.
ARTICLE XXI
(INTENTIONALLY OMITTED]
ARTICLE XXII
ASSIGNMENT
No part of this Agreement may be assigned or subcontracted without the priorwritten consent of the
City, which consent, if given at all, shall be at the City's sole discretion and judgment.
ARTICLE XXIII
[INTENTIONALLY OMITTED]
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBCDC, and its employees, contractors and agents, shall be deemed to be independent
contractors and not agents or employees of the City, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the City, or any rights generally afforded Classified or
Unclassified employees; further he/she shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of the City.
ARTICLE XXV
(INTENTIONALLY OMITTED]
Page 10 of 19
ARTICLE XXVI
TERMINATION FOR CAUSE
This Agreement may be terminated, in whole or in part, for cause. "Cause" shall include the
following:
(a) MBCDC's failure to comply and/or perform in accordance with any of the terms and
conditions of this Agreement, or any applicable Federal, State, County or City law or
regulation.
(b) MBCDC's failure to maintain the insurance required by the City.
(c) Submitting any required report to the City which is late, incorrect, or incomplete in
any material respect after notice and opportunity to cure, as set forth in subparagraph (e)
hereof, has been given by the City to MBCDC.
(d) Implementation of this Agreement for any reason is rendered impossible or
infeasible.
(e) Failure to respond in writing within thirty (30) days of notice of same from City to any
concerns raised by the City, including providing substantiating documentation when
requested by the City;
(f) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of project(s) under this Agreement, or any violation of applicable HUD rules and
regulations;
(g) MBCDC's insolvency or bankruptcy;
(h) An assignment or transfer of this Agreement (or any interest therein) which does not
comply with the procedures set forth in Article XXII herein; or
(i) Failure to comply and/or perform in accordance with the affordability
requirements, and/or an unauthorized transfer of title to its HOME projects.
If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of
such notice of default to MBCDC, at the expiration of said thirty (30) day period (or such additional
period of time, as may be permitted by the City Manager, in his sole discretion, as required to cure
such default and in the event MBCDC is diligently pursuing curative efforts) this Agreement may, at
the City's sole option and discretion, be deemed automatically canceled and terminated, and the
City fully discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue
of, the Agreement. In the event of a default for cause, the City may also, at its option, avail itself of
any and all remedies pursuant to the HOME Program (at 24 CFR Part 85.43), including suspension
and/or re-capture (in whole or in part) of the Funds, and any other remedies that maybe available at
law or equity.
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ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI above, the City may terminate this Agreement, in whole or in part, for
convenience, as set forth in 24 CFR Part 85.44. In the event of termination for convenience,
MBCDC shall immediately return any unused Funds (as of the date of termination) to the City.
Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have
with regards to recapture of all or any portion of the Funds as a result of incomplete and/or
unsatisfactory performed program/project items.
ARTICLE XXVIII
ADDITIONAL CITY REMEDIES
In the event of a default and termination for cause, the City shall also be entitled to bring any and all
legal and/or equitable actions which it deems to be in its best interest, in Miami-Dade County,
Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall
be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXIX
MAINTENANCE AND RETENTION OF RECORDS
MBCDC shall maintain all records required pursuant to the HOME Program, (at 24 CFR Part
92.508), in an orderly fashion and in a readily accessible, permanent and secured location, and that
it will prepare and submit all reports required herein, and/or as otherwise required to assist the City
in meeting record keeping and reporting requirements herein.
(a) Records shall be maintained for a period of five (5) years after the closeout of Funds
under this Agreement, except as provided in subsections (b), (c) and (d), herein.
(b) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
subsection (a), whichever is later.
(c) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for five (5) years after the period of affordability terminates.
(d) Records covering displacements and acquisition must be retained for at least five (5)
years after the date by which the persons displaced from the properly and all persons whose
property is acquired for the project have received the final payment to which they are entitled
in accordance with 24 CFR Part 92.353.
ARTICLE XXX
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action for money damages due to an alleged breach by the City of this
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Agreement, so that its liability for any such breach never exceeds the sum of $63,163 less any
amounts actually distributed by the City to MBCDC. MBCDC hereby expresses its willingness to
enter into this Agreement with MBCDC's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of $63,163 less any amounts actually distributed by the
City to MBCDC. Accordingly, and notwithstanding any other term or condition of this Agreement,
MBCDC hereby agrees that the City shall not be liable to MBCDC for damages in an amount in
excess of $63,163, for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in
this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Florida Statutes, Section 768.28.
ARTICLE XXXI
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary
by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, CITY AND MBCDC EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
ARTICLE XXXII
[INTENTIONALLY OMITTED]
ARTICLE XXXIII
[INTENTIONALLY OMITTED]
ARTICLE XXXIV
NOTICES
All notices shall be sent to the parties at the following addresses:
City: Anna Parekh, Director
Real Estate, Housing, and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
with copies to: A. Richard Bowman
Real Estate, Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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MBCDC: Roberto Datorre, President
Miami Beach Community Development Corporation
945 Pennsylvania Avenue
Miami Beach, FL 33139
or such address and to the attention of such other person as the City or MBCDC may from time to
time designate by written notice to the other.
ARTICLE XXXV
MISCELLANEOUS
(a) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(b) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(c) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(d) If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would then continue to conform to the terms
and requirements of applicable law.
(e) City and MBCDC agree that this Agreement shall be binding upon the parties herein,
and their respective heirs, executors, legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officials on the day and date first above indicated.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC.
a Florida not-for-profit corporation
ATTEST:
w ~y
f! Secr ary
~~~~ ~~~~
Print Name
President Sign re
Roberto Datorre, President
Print Name and Title
Page 14 of 19
X009--2?i~b
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
.~. ~~-~
4
Cit Clerk
~o~.r e~i'tc~L~I~-
Print Name
ayo
Matti Herrera Bower, Mayor
Print Name and Title
~~, ~0
ate
Page 15 of 19
APPROVED AS TO
FORM & LANGUAGE
EXHIBIT A
Scope of Services
Page 16 of 19
EXHIBIT A
SCOPE OF SERVICES
A. Maintain eligibility of Miami Beach Community Development Corporation (MBCDC) as a
qualifying Community Housing Development Organization (CHDO). Submit annual
documentation including the Application for Certification and Board Compliance Tracking
Forms, to verify the eligibility of the organization as a CHDO.
B. Coordinate the rehabilitation of rental multi-family buildings for income-eligible
participants. Maintain appropriate staff to supervise the operation for the purposes of
implementing the following tasks:
• Identify and secure additional funding resources available to implement housing
initiatives, including grant resources, bank financing, mortgages, and other funding
for HOME projects.
• Negotiate sales with property owners.
• Secure property appraisals, environmental clearances, surveys, and housing
inspections.
• Assist/facilitate property closings.
• Obtain building permits.
• Get community input, particularly from low-income program beneficiaries, on
decisions regarding design, development and management of affordable housing
projects.
• Undertake the development of affordable housing strategies and programs.
• Plan and develop new affordable housing initiatives, including rental housing for
low-income households and persons with special needs when feasible.
C. Inform rental participants of the necessity of executing a written lease agreement, initial
income certification and annual income verification, and their rights and responsibilities
as a tenant.
D. Assist in City in carrying out an affirmative marketing requirements
E. Provide verifiable staff timesheets to the City on a regular basis. Timesheets will show
clearly the time, hours and minutes, allocated to each activity. Staff paid out of HOME
Program funds will keep daily time records identifying the time spent on the specific
activities and also arrival and departure times.
F. Report the receipt of any income earned by MBCDC to the City. Any income earned by
MBCDC will be considered Program income and will be subject to U.S. HUD regulations
and this Agreement.
G. Continue the implementation of the following specific initiatives:
• Scattered-Site rental program, City-wide
• Rehabilitation and management of apartment buildings currently under development.
• Future housing development initiatives which are owned, sponsored, or developed
by MBCDC.
EXHIBIT B
BUDGET - Proforma
Page 17 of 19
Miami Bexch Community Development Corporation
CHUO Operating
Fiscal Year 2009-2010
BUDGET SUMMARY SHEET
Activity Name:
CHDO Ooeratina Funding Year 2009-2010
„ enc rvame:
,^i 4R ~:' Mi~S 1 F _ ~ }
,~,°~y r ~, ~ }
'. .
Catego ~~r`eakdown"~ ...
Tatat Sala & Benefits
3° ~
, ~h~
~F`[ofa~
3.7% mramr ryeacn co
} .. G
, a ~pBC~4
w
~ .-fRe ues~°_,.
$ 55,139 mmune uevero me
Y'!h}'.F'tiShi4 ~..~ ~
~ ~ ~~~.~~~
~,..
~. ~Oihar f=unds ,
$ - nr co oranon
~ 'f: ry;
~pthst'FulOd~na F > .~...
,~,ti~ ~,rSources ' ~ . ~ `~
_ Total Ftirl~IS, ..
$ 55,139
Total Contract Costs 3.2°10 $ 1,450 $ - $ 1,450
Stora e S ace Rental 3.2% $ 193 $ - $ 193
Other O eratin Ex enses 3.2% $ 6,381 $ - $ 6,381
Total CDBG Funds
Total Other Funds $ 63163
~ M "~ ~ ~ z
$ £
~ ~, ~ r>~ ~ s yaps ~ :,, _ ~ ;?
Grand Totat ~
t::ti -`, x " ......
w ,. ... ` ~,,,...~-~< ~- '~ ° '' ''' `-
F...s.. ~~.F~ne~ a. $ 63163
Of the funding request above, what is the amount for OPERATING COSTS? $ 8,024
Of the funding request above, what is the amount for PERSONNEL COSTSI $ 55,139
Of the #unding request above, what is the percentage for ADMINISTRATIVE COSTS? 12.70°k
Miami Beach Community Development Corporation
CHDO Operating
Fiscal Year 2009-2010
IX. BUDGET ITEMIZATION SHEET
Activity Name: CNDO Operating Funding Year 2009-2010
n tine rvarne:
#,~:'1~ T,6
t ;~ v
,.,,; „Catego ,Br`ealcdown°.~. _
3:~/p
t n' ~dy
.Total mra ~m~yr ce/a~cn co
~ T~~V cs0
~ ~: M as ,,
,~.~:Re uest{°~ mmunt ueveto me
~, ~ 4 i % x i ~ ~ CT
~ ..' ~ .~ za, s~~"n....,se
.,~:.Other~jirlts,., nt co ora•ti~fon
~ t. L~M51N1.
r .S 5 e ••+3 x
.,. F.unds,':^.~,~
Executive Director t3.0% $ 9,904 $ - $ 9,904
Director-Housin Pro rams 15.0% $ 16,897 $ - $ 16,997
Chief O eraUn Officer 10.0% $ 10,982 $ - $ 10,962
Com liance Officer 5.0% $ 2,197 $ - $ 2,197
Financial S ecialist 5.0% $ 1,848 $ - $ 1,848
Recei tionist 5.0% $ 1,278 $ - $ 1,278
Federal Pa roll Tax 7.6°k rate 3.7% $ 3,304 $ - $ 3,304
Unem to ment Tax 1 % rate 3.7% $ 432 $ - $ 432
tlUorkmens' Com ensation 2.5% rate 3.7% $ 896 $ - $ 896
Pension Contribution 1.4% match 3.7% $ 805 $ - $ 605
Grou Health Insurance $6,000iav 3.7% $ 6,717 $ - $ 6,717
Total Amount $ 55,139 $ - $ 55,139
Miami Beach Community Development Corporation
CHDO Operating
Fiscal Year 2009-2010
IX. BUDGET ITEMIZATION SHEET
Activity Name:
CHDO Operatlrtg Funding Year2009-2010
n nnc rvamrr:
3~: d Yf "1
h, < ~ ~
r, ~ ' '.Cate o ~ BreakBbvgn, : f'w.
Annual,4udit
°~n s
.7o~a1?
3.2% m~ami cseacn co
-
`T ,OeQl3G tGr
.4Re uest'',
$ 1,160 mmun ueveio me
'~ ~ ''' ~ ,~~~~~.~
'Ot a Fund. ~ ~
h. r. $.~ ~
$ - nr uo orauon
'.
~3 ,~ T4t$1
~ ~fw
Fu~ndsA x4 -
$ 1,169
Pa roll Processin 3.2% $ 97 $ - $ 97
Professional Services 3.2% $ 183 $ - $ 1g3
Total Amount $ 1,450 $ - $ 1,450
Miami Beach Community Development Corporation
CHDO Operating
Fiscal Year 2009-2010
IX. BUDGET ITEMIZATION SHEET
Activity Name:
CHDO Operating Funding Year 2008-2010
a.~~ ..o.~~a.
,~ ~
'` £ `14~ i `~ t - ~ Y y v
~~~Cate or17 S~eakdown ::; ~ ~ _
Stora e S ace Rental
o~
o
-~
.,,Total
3.2°h rn~anu eeacn w
G ~
CbB
c..... r e
xs._ ;Reques~~ ~ ~,~
$ 193 mmunt uevel0 me
,~ ~ s ,
r~ <~:~, '^#' t
~ s Other`~tipds ~
$ - et LO o78tlon
T
Qt 1 ,.
y,q~ ,. Fa"" j-.
~~... Funds.„ '~`
~~,.
$ 193
Total Amount $ 193 $ - $ 193
Miami Beach Community Development Corporation
CHDO Operating
Fiscal Year 2009-2010
IX. BUDGET ITEMIZATION SHEET
Activity Name:
CHDO Operating Funding Year 2009-2010
e~~~ ~.a~~~tl.
N ST Y 41, l`
"Y 1 ~f's.~`1 x'.: Y .i~ a
L`Yt4 4 .ilti .;.,~ 1 ?
,r Cake" a Brlrakdovun,<.....
Utilities
~ °
~/°
..,T.btal
3.2°h m~amlrupe/a~cn co
~ cni3t~ i
-yJF-! +r
~; 'l \ L
. „,.,Re uesf~
$ 551 mmunt uevero me
V: ~ ~ S L J
`3-4}~., Q 4 XT' ~`'
Ii 3 .AJA ~ R' '+a.CJ
g.Otfier Funds; x
$ - nt co oranon
TY tdt- V
i J ~2.Y "Y f
~,',,:,_ Funds:=':~..`'.
$ 551
Janitorial Su lies and Water 3.2% $ 232 $ - $ 232
Office Machine Leases 3.2% $ 7,063 $ - $ 1,063
Re airs and Maintenance 3.2°h $ 1,482 $ - $ 1,482
Office Su lies 3.2% $ 1,160 $ - $ 1,180
Posta a and Delive 3.2% $ 387 $ - $ 387
Tele hone and Lon Distance 3.2% $ 1,198 $ - $ 1,198
Insurance 3.2% $ 193 $ - $ 193
Membershi and Dues 3.2°!0 $ 58 $ - $ 5g
Bank Fees 3.2% $ 58 $ - $ 58
Total Amount $ 6,381 $ - $ 6,381
EXHIBIT C
CERTIFICATIONS
Page 18 of 19
CITY OF MIAMI BEACH
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
Name of Sub-recipient:
CTI'Y OF MIAMI BEACH
rliFtvrit 'C3~aCi-~, ~ommuni
HOME Investment Partnership
~V~ ~ O ~d~mer`l -~-
(,vrPora 1-1 are
Grant Program Name:
Funding Year
Date:
2009/2010
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and. the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
Name of Organization
Signature
~~Oev ~-~ ~a~- ~trr~
Print Name of Authorized Signatory
Date
~v'e5~ 6C~s~'~
Print Title of Authorized Signatory
CITY OF MIAMI BEACH
CERTIFICATION REGARDING DRUGFREE WORKPLACE REQUIItEMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: M~ 0. ~ ~ ' JeQC h CU m n't ~n i ~ ~2v 2.~ o ~f~ CYI+ ~' °~~
Grant Program Name: HOME Investment Partnership
Funding Year: 2009/2010
Date:
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
~II~Lb~
~~5 T ~,~~ I~l~n; u ~ ~ Zkd Moor
~~1 ~~' ~~
Name of Organization
Signat
Date
~~L~CX 1'U ~JCI~U~e-
Print Name of Authorized Signatory
Print Title of Authorized Signatory
CITY OF MIAMI BEACH
ACKNOWLEDGEMENT OF DISABII.ITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE HOME Investment Partnershiu Program FY 2009/2010
NAME OF ORGANIZATION ~ 8 G~ C
AUTHORIZED AGENT COMPLETING AFFIDAVIT
POSITIOnN ~~~ i ~~~
I, Il-t>l~Gl'L'~"D ~Cc.~ZJYt'Z_
being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities;
Title N, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
PHONE NUMBER X38- ~oQO
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Signatur2--~-t~
SUBSCRIBED AND SWORN TO (or affirmed) before me on
~5b~~-~ D~-ogre.
(Affiant) -
presented
(Type of identification)
(Signature o otary,~
Date
by
(Date)
He/She is personally lrnown to me or has
as identification.
(Serial Number)
=J f,tt~C ~1 n er. ~ ,.,r+n+'~rv~/^~"vv.~+rrn/
(Print or Stamp me of Notary) ,ecY o ~gpp a~~ or ion a
r° `r~ vette Pme3a
~k(`_ c M Commission DDdOd313
Notary Public (State)NotarySeal N'~F°r~°~° ezp~reso~izz~zolz
The City of Miami Beach will not awazd a contract to any firm, corporation or organization that fails to complete
and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit
on file with the City of Miami Beach.