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LTC 172-2018 Issuance of Request for Qualifications (RFQ) NO. 20OFFICE OF THE CITY MANAGER LTC # TO: Mayor Dan Gelber and Members of the City C_mmission FROM: Jimmy L. Morales, City Mana•er DATE: April 3, 2018 172-2018 LETTER TO COMMISSION SUBJECT: ISSUANCE OF REQUEST FOR QUALIFICATIONS (RFQ) NO. 2018 -155 -WG FOR A PREQUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS BACKGROUND The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing. The State Housing Initiatives Partnership (SHIP) Act, §420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one to three year Local Housing Assistance Plan (LHAP) outlining the strategies jurisdictions will use to utilize funding. The LHAP also establishes the maximum SHIP funds allowable for each programmatic strategy. The Office of Housing and Community Services (HCS) administers SHIP funds, participant eligibility, contractor eligibility and program compliance. HCS determines the eligibility for all applicants by assessing income and property standards. All awards are disbursed via a deferred payment loan, secured by a mortgage agreement with restrictive covenant and promissory note. On January 17, 2018, the Mayor and City Commission adopted a policy governing the selection of contractors for construction projects awarded by the City pursuant to the Statewide Housing Initiatives Partnership Program (SHIP). Pursuant to the policy, the Administration was authorized to issue a Request for Qualifications (RFQ) in order to establish and maintain a pool of qualified contractors. The policy also authorized the City Manager to approve qualifications and execute agreements with the pre -qualified contractors for project award limit authorized by the City's Local Housing Assistance Plan (LHAP). The City Manager will issue a Letter to Commission quarterly, delineating any approved bids/agreement that exceed the $50,000 threshold. Scope of Services Pre -qualified contractors shall compete for future projects pursuant to the State Housing Initiatives Partnership (SHIP) program for owner -occupied construction projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program. Pursuant to the Local Housing Assistance Plan (LHAP), previously approved by the City Commission, the City may provide income eligible homeowners with SHIP funds in connection with repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space (rehabilitation) or disaster mitigation repairs (collectively, City's Housing Rehabilitation Program). Pre -qualified contractors must maintain the licensing, insurance, and qualifications required by the City to be prequalified for future projects awarded through this procedure. 2 LTC REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR QUALIFICATIONS (RFQ) NO. 2018 -155 -WG FOR POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS Attached to this LTC is RFQ No 2018 -155 -WG for Pool of Contractors for Statewide Housing Initiatives Partnership Program (SHIP) Rehabilitation Projects. MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 25, RFQ 2018 -155 - WG, for Pool of Contractors for Statewide Housing Initiatives Partnership Program (SHIP) Rehabilitation Projects. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFQ 2018- 155 -WG, for Pool of Contractors for Statewide Housing Initiatives Partnership Program (SHIP) Rehabilitation Projects. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFQ 2018- 155 -WG, for Pool of Contractors for Statewide Housing Initiatives Partnership Program (SHIP) Rehabilitation Projects. I would appreciate any comments and/or suggestions you may have by April 6, 2018. JLM/KGB/ /P:16/KB/WG REQUEST FOR QUALIFICATIONS (RFQ) PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS 2018 -155 -WG RFQ ISSUANCE DATE: APRIL 5, 2018 STATEMENTS OF QUALIFICATIONS DUE: MAY 10, 2018 @ 3:00 PM ISSUED BY: A AA I BFACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov MIAM BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 3 0300 SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 32 APPENDIX E INSURANCE REQUIREMENTS 35 APPENDIX F SAMPLE OWNER/ CONTRACTOR AGREEMENT 37 APPENDIX G POLICY FOR THE SELECTION OF CONTRACTORS AWARDED 45 PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHJ )_P_ROGRAM APPENDIX H CITY OF MIAMI BEACH SHIP LOCAL HOUSING ASSISTANCE 46 PLAN (LHAP) RFQ 2018 -155 -WG 2 M AM BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. . On January 17, 2018, the Mayor and City Commission adopted a policy governing the selection of contractors for construction projects awarded by the City pursuant to the Statewide Housing Initiatives Partnership Program (SHIP). Approving and authorizing the Administration to issue a request for Qualification (RFQ), at the a minimum, once a year, in order to establish and maintain a pool of qualified contractors; and authorizing the City Manager to approve bids and execute agreements with the pre -qualified contractors for project award limit authorized by the City's Local Housing Assistance Plan (LHAP). The City of Miami Beach seeks statements of qualifications from qualified contractors to_establish_a-prequalified pool of contractors for future competition of rehabilitation projects in accordance with the State Housing Initiatives Partnership Program (SHIP), which shall ensure homeowners tave access to qualified contractors for all owner - occupied repairs; ensure that projects are awarded in competitive manner that maximizes available funds; ensure homeowners have a platform for performance evaluation of contractors; ensure contractors have a clear guideline to complete the work and receive timely payments; ensure vendors comply with the Building Department, Code Compliance and insurance requirements. The City contracts a third -party consultant (Project Manager) for project management services. The HCS SHIP Coordinator shall seek written quotes from pre -qualified contractors and shall make reasonable efforts to maximize competition, including seeking quotes from all pre -qualified contractors. FY 17/18 appropriations from the State are $250,650 for the total of all projects awarded. All work to be completed pursuant to Florida State Statute 420.907-420.9079, State Housing Initiatives Partnership (SHIP) Act, and Rule Chapter 67-37. 3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows: Solicitation Issued April 5, 2018 Pre -Submittal Meeting April 19, 2018 @ 10:OOAM Deadline for Receipt of Questions May 1, 2018 @ 5:OOPM RFQ 2018 -155 -WG 3 AAA AMI AH Responses Due May 10, 2018 @ 3:0OPM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso, CPPB Telephone: Email: 305) 673-7000 #6650 WilliamGarviso miamibeachfl,gov �'� t✓►iii�lcf�dli:a�'liiu'�' The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE -PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre -proposal meeting or site visit(s) may be scheduled. A Pre -PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on The City and will be without legal effect, including any information received at pre - submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be RFQ 2018 -155 -WG 4 MIAMI BEACH received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the, event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado©miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: htto://www. miamibeachfl.nov/citv-hall/procurement/procurement-related-ordinance-and-procedures/ • CONE OF SILENCE • PROTEST PROCEDURES • DEBARMENT PROCEEDINGS • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTION BY LOBBYISTS ON PROCUREMENT ISSUES • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS 4'VIN'3 WALE RCQI"9B1 NT • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -CERTIFIED SERVICE -DISABLED VETERAN BUSINESS ENTERPRISES • FALSE CLAIMS ORDINANCE CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485,3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 CITY CODE SECTIONS 2 407 THROUGH 2 410 CITY CODE SECTION 2-374 CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & CITY CODE SECTION 2-449 SERVICES 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10, COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12, WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No,2000-23879, the Proposer shall adopt a Code of RFQ 2018 -155 --WG 5 MIAMI'.-.:EACH Business Ethics ("Code") and submit that Code to the Procurement Department with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5) days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7000, Extension 2984. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16, PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR. Proposals may, however, identify other sub -contractors or sub -consultants to the prime Proposer who may serve as team members. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise,_and_which-is-within-five-percent (5%)-of-tho lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may pre -qualify Proposer(s) s/he deems to be in the best interest of the City or may reject. all proposals, The City Manager's award need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Manager, in his sole discretion, may approve or reject any contractor to be added to the list of prequalified SHIP contractors. RFQ 2018 -155 --WG 6 MIAMI. BEACH 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re -advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one -hundred twenty (120) calendar days after proposal opening date, A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening, by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will RFQ 2018 -155 -WG 7 MIAMI BEACH be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT. Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim fbr damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrationsauthorizations, or_cer_tifications_r_equir-ed-b-y-applicable-Taws-or-regulations-in-full-force and effect during the term of this contract, Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS, Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. RFQ 2018 -155 -WG 8 MIAMI BEACH 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre -award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation, D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with_ali applicable laws 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. RFQ 2018 -155 --WG 9 AAIAMI BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon, The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 4t CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor, 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost pr_ovided_in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines), Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates, RFQ 2018 -155 -WG 10 M AMI BEACH 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 46. NOT USED 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline What, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties, 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City. through_the_approval-of-the-Department-and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFQ 2018 -155 -WG 11 M BEACH_ SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids, Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirementsestablished_in_Appendix-C,-Minimum -Requirements-and Specific-ationa. TAB TAB 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing similar scope of services, preferably SHIP projects, to public sector agencies (i.e. municipal governments or other public agencies), For each project that the proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications providing similar services, preferably SHIP projects. A resume including education, experience, and any other pertinent information, shall be included for each of the firm's principles and for the project manager to be assigned to this contract. 2.3 Qualifications of Project Manager. Provide a comprehensive summary that elaborates on the experience and qualifications providing similar services, preferably SHIP projects) of the individual who will be selected to serve as the firm's project manager for this contract. (recommended 1 to 2 pages) RFQ 2018 -155 -WG 12 TAB3 AA Approach and Methodology Submit detailed information on the approach and methodology how proposer plans to accomplish the proposed scope of services, including detailed information, as applicable, which addresses, but need not be limited to: how Proposer will comply with the City of Miami Beach policy pursuant to State Housing Initiatives Partnership (SHIP) projects. AMIBEACH 4. FINANCIAL CAPACITY. Within three (3) business days of request by the City, Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. the cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: httos://suppliierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 5. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub -consultants) to determine; qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal vears). RFQ 2018 -155 --WG 13 BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee, The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1- Qualitative Criteria Maximum Points Proposer Experience and Qualifications Approach and Methodology 70 30 TOTAL AVAILABLE STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. Step 2 - Quantitative Criteria Maximum Points Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS RFQ 2018-155—WG 14 MIAM BEACF 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management, Step 1 and 2 scores will be converted to rankings in accordance with the example below: Step 1 Points art ee`. Step 2 Points >f�er Total Step 1 Points of 't 0; Step 2 Points Total R ..._ Step 1 Points Step 2 Points Total 82 76 80 22 15 I 12 104 91 I 92 79 85 72 22 101 22 102 15 100 74 66 15 12 89 ) 78 12 84 8 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. FQ.. 5_ ta.—WG 15 APPENDIX A Response Certification, Questionnaire& Requirements Affidavit RFQ 2018 -155 -WG PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS R 2018 - PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 16 Solicitation No: Solicitation Title: RFQ 2018 -155 -WG PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS Procurement Contact: Tel: Email: William Garviso, CPPB (305) 673-7000 #6650 WilliamGarviso@miamibeachfl,gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: NO. OF YEARS IN BUSINESS: OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO,: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: NO, OF YEARS IN BUSINESS LOCALLY: ZIP CODE: ZIP CODE: NO. OF EMPLOYEES: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2018-155—WG 17 1. Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or United States federal government, as required pursuant to ordinance 2011-3748, 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. Multi -family residential projects are preferred. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by any public sector agency? YES I NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar_with,ihe City's -Campaign Finance -Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No,2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available at http://www, miamibeachfl,00v/citv-hall/procurement/ RFQ 2018-155—WG 18 7. ' "4fie, Nirwant t 'd the required living wage rates listed below: benefits. am may be amended from time to time, covered our, or a living wage rate of no WO than $18,88 per hour without hc}alth care health care benefits of at lean $3.22 p.-, • e. ; : benefits. The living vwc rat endhealth care ben fits rat') my, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index fe all Urban Consumers (CPI U) Miami/Ft. Lauderdale, issued by the U.S. Department of Lab: ' - .e: _ . ' e • - -- e . .. . - •d three percent (3%). The City than $11.78 per hour with ge rate of no less-than$400-pe • Proposers' failure to comply with this provisio : cpccol, under which the City may, at its solo option, immediately deem said Proposer as non recponsivq ar)a nay further subject Proposer to additional penalties - , ®off amondcd. Further information on the Living Wage requirement is A . 11 to the living wage requirement. davit document, Proposer agrees 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami DCak.I . A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Health Sick Leave Family Medical Leave Bereavement Leave Firm Provides for Firm Provides for Employees with Employees with Spouses . Domestic Partners Firm does not Provide Benefit If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http;//www.miamibeachfl.qov/city-hall/procurementlprocurement-related-ordinance-and- procedures/ RFQ 2 t- 5 -WG 19 9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation,_uniess_the_proposer-certifies-in-writing-that the -business -has -adopted and employs writt n olicies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicants criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation, This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Initial to Confirm Receipt Addendum 1 Addendum 2 Addendum 3 Addendum 4 Addendum 5 Initial to Confirm Initial to Confirm Receipt Receipt Addendum 6 Addendum 7 Addendum 8 Addendum 9 Addendum 10 If additional confirmation of addendum is required, submit under separate cover. RFQ 2018 -155 -WG Addendum 11 Addendum 12 Addendum 13 Addendum 14 Addendum 15 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications, and may accept Statement of Qualifications which deviates from the solicitation, as it deems appropriate and in Its best interest, In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval, The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice, Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. The City is governed by the Government -in -the -Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation, By submission of a Statement of Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true, accurate and complete, to the best of its knowledge, information, and belief, Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages, The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2 .-1 5—WG 21 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate, Name of Proposer's Aufhorized Representative: Title of Proposer 's Authorized Representative: Signature of Proposer 's Authorized Representative: Date: State of ) On this _day of , 20_, personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: RFQ 2018-155—WG Notary Public for the State of My Commission Expires: 22 APPENDIX B "No Bid" Form RFQ 2018155-W G PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 18 -155 -WG 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive — Unable to meet specifications Unable to meet service requirements `Unable to meet insurance requirements Do not offer this product/service OTHER. (Please specify) We do do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list, PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB STATEMENTS OF QUALIFICATIONS #2018 -155 -WG 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 RFQ z 1 -155 -WG 24 APPENDIX C Minimum Requirements & Specifications RFQ 2018 -155 -WG PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RF 25 C1. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposers that fail to comply with minimum requirements shall be deemed non- responsive and shall not have its proposal considered. 1.1 Licensure. Bidder (proposing firm) shall be State of Florida Certified or a Miami Dade County Licensed Building or General Contractor to be considered for award. Background. The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing. The State Housing Initiatives Partnership (SHIP) Act, §420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one -to three-year Local Housing Assistance Plan (LHAP) outlining the strategies jurisdictions will use to utilize funding. The LHAP also establishes the maximum SHIP funds allowable for each programmatic strategy. The Office of Housing and Community Services (HCS) administers SHIP funds, participant eligibility, contractor eligibility and program compliance. HCS determines the eligibility for all applicants by assessing income and property standards, All awards are disbursed via a deferred payment loan, secured by a mortgage agreement with restrictive covenant and promissory note. Contractors seeking to participate in the City's Housing Rehabilitation Program must be prequalified through the City's SHIP Contractor Prequalification Process. Annually, the City will issue a Request for Qualifications_(RF_Q)Jor_tho_se-contr_actor-s-inter-ested-in-being-p- requalified-to submit their statements of qualification for the City's consideration. Contractors must maintain the licensing, insurance, and qualifications required by the City to be prequalified for future projects awarded through this procedure. Definitions. A. Project Manager. Third -party consultant responsible for conducting site inspections, drafting scope of work inclusive of projects specifications that will form the basis for the bid documents that will be submitted to the List of General Contractors. B. SHIP Program Coordinator. Office of Housing and Community Services (HCS, the Department) staff, responsible for seeing day-to-day operations of the SHIP program, including program monitoring, homeowner certifications, contractor qualifications approving payments and reporting data to the Florida Finance Housing Corporation. C2. Statement of Work Required. Pre -qualified contractors shall compete for future projects pursuant to the State Housing Initiatives Partnership (SHIP) program for owner- occupied construction projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program. Pursuant to the Local Housing Assistance Plan (LHAP), previously approved by the City Commission, the City may provide income eligible homeowners with SHIP funds in connection with repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space (Rehabilitation) or disaster mitigation repairs (collectively, City's Housing Rehabilitation Program). RFQ 2018 -155 -WG 26 By way of this RFQ, and resultant prequalified list of contractors, the City will: • Ensure compliance with State of Florida requirements for the selection and award of contractors for State Housing Initiatives Partnership (SHIP) program projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program • Ensure homeowners have access to prequalified contractors for all owner- occupied repairs; • Ensure that projects are awarded in a competitive manner that maximizes available funds; • Ensure homeowners have a platform for performance evaluation of contractors; • Ensure contractors have clear guidelines to complete work and receive timely payments; and • Ensure vendors comply with Building Department, Code Compliance and insurance requirements. The City Manager, in his sole discretion, may approve or reject any contractor to be added to the list of prequalified SHIP contractors. Additionally, the City Manager may remove any contractor that has failed to maintain the qualification requirements or for which the City has documented unresolved or a history of performance issues. Any contractor wishing to appeal the City Manager's decision to not prequalify or to remove from prequalification, shall submit its reasons for the appeal directly to the City Manager, Any party who has been suspended or debarred by U.S, HUD or any other Federal Executive Branch Agency and is listed on the Current Exclusion List will not be accepted to participate in the-program-until-at-least-six-(6)-months-after—the expiration of -the applicable suspension or debarment. HCS will maintain a current listing of prequalified contractors that will be utilized to seek bids for the Housing Rehabilitation Program. The list will also be made available to City residents on the Department's website. Contractors are responsible for maintaining insurance and licensing information current; and providing updates to the City. All prequalified contractors will be invited to attend Pre -Bid meetings held by a HCS SHIP program staff at the project site. Contractors will be provided with the approved Specification of Work Report that will detail the work to be completed for that particular project. Contractors will be given a deadline to submit questions and bids. 11. Scope of Work and Specifications. The City contracts a third -party consultant (Project Manager) for project management services. The Project Manager will assist the SHIP coordinator in drafting the Specification of Work, project monitoring/evaluation and project closeout. A. The Project Manager will attend a walk through at the eligible homeowner's residence to assess needed repairs and will provide HCS with the Specification of Work that can be completed within the available project budget. Once the scope of work is approved by the homeowner, the SHIP coordinator will prepare the bid document. B. The bid document will include the Specification of Work and any other applicable documents, (e.g. floor plans, demolition plans, sketches, product specifications). C. The Project Manager will assist SHIP coordinator and any other City staff in the 018-155- 27 evaluation of the bids submitted by the Contractor. The Building Department may be provided with a copy of the Specification of Work for theft review and any other applicable documents, in order to facilitate the expediting of applicable building permits. III. Roadmap for Projects Awarded Pursuant to Pool of Pre -qualified Contractors. HCS SHIP Coordinator shall seek written quotes from pre -qualified contractors and shall make reasonable efforts to maximize competition, including seeking quotes from all pre -qualified contractors. A. Upon the expiration of the established Bid Deadline, the bids will be reviewed and itemized on a bid tabulation. The HCS Director may approve awards to lowest responsive, responsible bidders for projects up to $50,000. Projects above $50,000 require the approval of the City Manager. In determining an award, the factors outlined in Section 2-369 of the City Code shall be considered. In rare cases when three quotes cannot be obtained, the approval of the City Manager shall be required regardless of the value of the project. B. Once the contractor is selected, a contract shall be executed between the City, the selected contractor and the homeowner. At a minimum, the contract shall state the payment schedule, scope of work, and schedule of work. Additionally, the homeowner will execute the permit application and the Notice of Commencement. Contractor must record the Notice of Commencement. C. Contractors will only be awarded one project until they have completed a project that is in compliance with all project requirements, including no change orders or delays, and is satisfactory to the Owner ancLDepartment_staff,Contractors _may _be_awarded _a_maximum of two projects concurrently, as recommended by the State funder. If a contractor has two active projects, they will not be awarded any additional projects, unless the Contractor's performance is satisfactory in current or previous awards. Contractors are encouraged to participate in the bidding process regardless of the number of projects awarded. IV. Permits. The SHIP program prioritizes the repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. The work performed must be compliant with the City's building requirements, A. Once contractor is issued a contract, Notice of Commencement and permit application, they must follow the City's Building Permit procedures. B. The City will offer expedited permitting, as per the Local Housing Assistance Plan (LHAP), previously approved by the City Commission. C. The Contractor will provide all plans required by the Building Department with no typos or errors. D.The Contractor is responsible for ensuring that the project is compliant with requests, FQ 18 -155 -WG 28 recommendations or suggestions provided by the Building Official/ Inspector. V. Payments. Progress and final payments to the contractor shall be approved by the City only after the work has been inspected by the housing inspector and determined to comply with the contract and the project bid specifications. A. The City will retain a percentage of all approved Draws, as allowed by Florida Statute, until final inspection and project completion. If a Contractor fails to complete the project and does not comply with the Specification of Work, that Contractor will not have the retainage released. B. There shall be a maximum of three (3) progress payments and final release of retainage once all permits are closed and final work product is approved by HCS. C. Upon completion of a project, a final inspection must be requested by the Contractor. The request must include a copy of the Final Draw Form and copy of all Permit cards with final approval from the Building Department Inspectors. The request is made by the contractor and requested from the independent inspector. D. All Draw Requests must be approved by the SHIP Program Coordinator and Department Director. The SHIP Program Coordinator may reasonably request releases and waivers of lien in connection with the application of any progress payments. The Finance Department will only process any Draw Requests once they are reviewed and approved by the Director or his/her designee. E. If the homeowner does not receive satisfaction from the Contractor, the Department may withhold payment and/or retainer if deemed necessary, until a resolution is achieved. Likewise, the Department reserves the right to intervene on the Contractor's behalf if the homeowner is refraining from approving a Draw request without just reason. The Department could proceed to pay the Contractor for the work completed as required without the Homeowner's approval. VI. Change Orders. Any change order that does not increase the project amount greater than the amount stipulated herein may be approved administratively by the City Manager. The HCS Director may approve changes that increase the project value up to $50,000. Change orders for projects above $50,000 require the approval of the City Manager, in an amount not to exceed $200,000. VII. Dispute Resolution. If a problem arises between the homeowner and contractor, the City may intercede in order to ensure the project's completion. A. If a complaint relating to post -construction work deficiencies is received, the SHIP Program Coordinator will evaluate the complaint within ten (10) working days. B. If the complaint is determined to be valid and the contractor has not addressed the complaint in accordance with the construction contract, the contractor shall be RFQ 2018 -155 -WG 29 suspended from further program participation pending corrective action. C. Corrective repair work through a different approved contractor may be initiated by the SHIP Program Coordinator if any emergency or extremely hazardous conditions exist or if the contractor fails to show good faith at correcting the problem within the specified time limit. D.If the complaint is not valid, the homeowner will be so notified in writing. Owners are to be encouraged to contact the contractor directly in an attempt to resolve construction concerns prior to contacting the City. E. If a complaint relating to processing, policy, or procedures is received, the City staff will respond in writing. The staff response will explain applicable policy when necessary and specify corrective action if any is required. F. Under the terms of the construction agreement, the City has the authority to decide all questions relative to the interpretation of any contract documents and fulfillment of the construction contract as to the character, quality, amount and value of any work and materials furnished under the contract. City decisions regarding all claims, questions and disputes shall be final. G. In the event that the need for arbitration should arise, the Department may use the Construction Housing Inspector as an arbiter. The City's contracted Housing Inspector is an impartial and neutral third party. H.AII disputes not resolved by program staff should be reported to Florida Housing Finance Corporation for possible resolution before the move to arbitration. All unsettled claims or disputes between the homeowner and the contractor arising out of related to the work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute has arisen. vitt. Project Closeout. Once project checklist is completed, final inspections are conducted by the Building Department and the City's contracted Project Manager, the final draw request will be reviewed. A. The contractor must provide all warranties, the Contractor's Final Payment Affidavit and final unconditional releases oflien from all contractors, subcontractors and suppliers before the payment is processed. Any and all extended warranties beyond one year shall be provided to the homeowner at the completion of the contract. B. If the contractor fails to respond to and remedy a warranty issue, they will be disqualified from the program for one year and must reimburse the Department for any work contracted to and correct the warranted work. C. If the contractor fails to reimburse the City for work covered under the Contractor's RFQ 2018 -155 -WG 30 warranty, the contractor will be permanently removed from the Active Contractor List and will be reported to the Florida Department of Business and Professional Regulation. D.The project must meet property standards, as discussed in the pre-bid meeting and in the contract. Final payment will include release of retainage. IX. Vendor Performance. If, at any time during the project, the HCS finds that a contractor fails to meet his/her obligations with the homeowner and/or the City, and does not remedy the situation as stipulated by the HCS, the contractor will be removed from the list and will be unable to participate in the City's Housing Rehabilitation Program, until resolution of any issue that caused the removal. A.HCS staff will conduct an evaluation at the conclusion of each project which shall be retained in the contractor's records. Prior to the award of each project, the following shall be considered, there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. THE CITY OF MIAMI BEACH POLICY PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERTSHIP (SHIP) PROGRAM SUPERCEDES ANY TERMS AND CONDITIONS DESCRIBED HEREIN THAT MY BE CONTRADICTORY. RFQ 2018 55-WU 31 APPENDIX D Special Conditions RFQ 2018 -155 -WG PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 -155-WG 32 1. TERM OF CONTRACT. This contract shall remain in effect for one (1) year from date of contract execution by the Mayor and City Clerk, 2. CHANGE OF CONTRACTOR'S PROJECT MANAGER, A change in the Contractor's project manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who in this case shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval of the City Manager or his designee (i.e, the City project manager). 3. SUPERINTENDENCE AND SUPERVISION. a. The orders of City are to be given through its City Project Manager, which instructions are to be strictly and promptly followed in every case, The superintendent shall not be changed except with the written consent of City Project Manager, unless the superintendent proves to be unsatisfactory to City Project Manager and ceases to be in its employ. The superintendent shall represent Contractor and all directions given to the superintendent shall be as binding as if given to Contractor and will be confirmed in writing by City Project Manager upon the written request of Contractor. Contractor shall give efficient supervision to the Work, using its best skill and attention. b. If Contractor, in the course of prosecuting the Work, finds any discrepancy hetween the Contract Documents and the physical conditions_of_the locality, or any errors, omissions, or discrepancies in the Project Manual, it shall be Contractor's duty to immediately inform City Project Manager, in writing, and City Project Manager will promptly review the same. Any work done after such discovery, until authorized, will be done at Contractor's sole risk. c. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. 4. DIFFERING SITE CONDITIONS. In the event that during the course of the Work Contractor encounters subsurface or concealed conditions at the Project site which differ materially from those shown on the Contract Documents and from those ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents; or unknown physical conditions of the Project site, of an unusual nature, which differ materially from that ordinarily encountered and generally recognized as inherent in work of the character called for in the Contract Documents, Contractor, without disturbing the conditions and before performing any work affected by such conditions, shall, within twenty-four (24) hours of their discovery, notify City and City Project Manager in writing of the existence of the aforesaid conditions. City Project Manager and City shall, within two (2) business days after receipt of Contractor's written notice, investigate the site conditions identified by Contractor. RFQ 2018 -155 -WG 33 No request by Contractor for an equitable adjustment to the Contract under this provision shall be allowed unless Contractor has given written notice in strict accordance with this provision. No request for an equitable adjustment or change to the Contract Price or Contract Time for differing site conditions shall be allowed if made after the date certified by City Project Manager as the date of substantial completion. 5. CONTRACTOR TO CHECK PLANS, SPECIFICATIONS AND DATA. Contractor shall verify all dimensions, quantities and details shown on the plans, specifications or other data received from City Project Manager, and shall notify City Project Manager of all errors, omissions and discrepancies found therein within three (3) calendar days of discovery. Contractor will not be allowed to take advantage of any error, omission or discrepancy, as full instructions will be furnished by City Project Manager. Contractor shall not be liable for damages resulting from errors, omissions or discrepancies in the Contract Documents unless Contractor recognized such error, omission or discrepancy and knowingly failed to report it to City Project Manager. 6. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES AND ACCIDENTS. a Contractor shall accept full responsibility for the Work against all loss or damage of whatsoever nature sustained until final acceptance by City, and shall promptly repair any damage done from any cause whatsoever, b. Contractor shall be responsible for all materials, equipment and supplies pertaining to the Project. In th_e_e_vent_an_y_such_mater_ials,_equipment -and_supplies are lost, stolen, damaged or destroyed prior to final acceptance by City, Contractor shall replace same without cost to City. Q 2018 -155 -WG 34 APPENDIX E Insurance Requirements RFQ 2018 -155 -WG PRE -QUALIFIED POOL OF CONTRACTORS FOR STATEWIDE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) REHABILITATION PROJECTS RFZ� £01T -1S5 -WG PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 35 MJAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1, Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications), XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. XXX 6. Other Insurance as indicated: XX Builders Risk completed value $ .00 _ Liquor Liability $ .00 _ Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other .00 XXX 7. Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9, The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2018-15 36 APPENDIX F SAMPLE OWNER/ CONTRACTOR AGREEMENT REQUIRED FOR EACH PROJECT 2618--1155-WU SHIP REHABILITATION OWNER/CONTRACTOR AGREEMENT THIS AGREEMENT is hereby made this between the Owner(s). and the Contractor, .The project address The Owner and the Contractor agree to do the following: ARTICLE 1. The Work 1.1 The Contractor shall perform all the work required by the Contract Documents for the rehabilitation of the above-described property according to the work write-up, plans and specifications provided by the State Housing Initiatives Partnership ("SHIP") Program and the Owner. ARTICLE 2. Time of Commencement and Completion 2.1 The Contractor shall, within 15 calendar days from the date of the issuance of the Notice to Proceed, commence performance hereunder, and all work to be performed by the Contractor shall be completed in accordance with the conditions, plans, and specifications within 30 calendar days of issuance of the Notice to Proceed. The parties agree that a sum of $50.00 per calendar day shall be deducted from the Contract Sum as liquidated damages for each day the project remains incomplete beyond the date specified for completion. The deadline date for completion is ARTICLE 3. Contract Sum and Payment 3.1 The Owner, with loan proceeds provided by the City of Miami Beach ("City"), shall pay the Contractor the total Contract sum of $ . The sum of the Contract is final. No changes will be allowed once this contract is executed unless approved by the City. 3.2 Payments may be withheld on account of any one of the following: (1) defective work not remedied; (2) claims filed; (3) failure to pass required Building Department inspections; (4) required documents not submitted; and (5) unsatisfactory performance by the Contractor. 3.3 Final payment shall not be due until the Contractor has delivered to the Owner, and approved by the City, guarantees and warranties, a complete release of all claims of lien, notices filed or received in connection with the work, or receipts covering all labor, materials, and equipment for which a lien could be filed, a payment and performance bond, if applicable, satisfactory to the Owner and the SHIP Program. 3.4 Final payment shall constitute a waiver of all claims by the Owner, except those claims presented in writing to the City prior to final payment, and the Contractor arising from: (1) unsatisfied liens; (2) faulty or defective work appearing after substantial completion; (3) failure of the work to comply with the requirements of the Contract Documents; or (4) substandard work violating guarantees/warranties required by the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unresolved at the time of final payment. ARTICLE 4. Method of Payment 4.1 The Owner agrees to pay the Contractor in accordance with the payment schedule submitted by the contractor. Work awarded on contracts of $10,000 or less shall have one final payment processed at project completion. Contracts over $10,000 will be entitled to three payment draws. An initial payment when 35% of the total project is completed. A second payment when 70% of the total project is completed. And a final payment will be processed at project completion. No more than three draws will be permitted. Each item requested on each payment draw including electrical, plumbing, mechanical and roofing must have proper inspections at the time the draw request is made. The contractor must submit to the housing staff, proof of all required inspections. 4.2 One hundred (100%) percent completion is defined as all work being completed and accepted by the Owner and the Housing Specialist and verified by the Building Department, in writing. The final payment will not be released until there is 100% completion of the work as so defined. Progress payments and final payment are subject to final inspections by the SHIP Program Rehabilitation Inspector. If the SHIP Program inspector recommends corrective action to be taken pursuant to this Contract, then the Owner has the option to pay for the RFQ 2018 -155 -WG 38 corrective work or deduct the cost of the corrective work from the Contract sum. ARTICLE 5. Contract Documents 5.1 The Contract Documents consist of this Agreement, the drawings, the specifications, all addenda issued prior to the execution of this Agreement, all modifications, Change Orders, written interpretations of the Contract Documents issued by the SHIP Program, and all appropriate regulations issued by the Florida Housing Finance Corporation governing rehabilitation or new construction work, and the South Florida Building Code. The intention of the Contract Documents is to include all labor, materials, equipment, tools, services, and other items as provided in paragraph 9.2 necessary or reasonably implied for the proper execution and completion of the work and compliance with the terms and conditions of payment. 5.2 The Contract Documents shall be executed in triplicate by the Owner and the Contractor. By executing the Contract, the Contractor represents that it has visited the site and familiarized itself with the local conditions under which the work is to be performed, and all applicable regulations and requirements of the SHIP Program and South Florida Building Code, 5.3 The term "work" as used in the Contract Documents includes all labor necessary to perform the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. ARTICLE 6. Supervision 6.1 The SHIP Program staff will make periodic visits to the site to monitor the progress and quality of the work in order to assess compliance with the work write up. The City SHIP Program will not be responsible for the means, methods, techniques sequences or procedures relating to the construction, or for safety precautions and programs in connection with the work; nor shall the City be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. 6.2 The SHIP Program staff will attempt to adjudicate all claims and disputes between the Owner and the Contractor. Unsettled claims or disputes between the Owner and the Contractor arising of or related to the work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute -has -arisen. The -award -render -ed -by -the Arbitrator -shall -be -final and judgment may be -entered upon it in accordance with applicable law in any court having jurisdiction thereof. The prevailing party may be entitled to recover all costs, including reasonable attorney's fees. 6.3 Work which does not conform to the Contract Documents and/or to the South Florida Building Code shall be rejected by the Owner. ARTICLE 7. Owner 7,1 The Owner may issue instructions to the Contractor through the SHIP Program staff, and apprise the staff of any changes, discrepancies or problems that may arise during the term of the Contract. ARTICLE 8. Contractor 8.1 The Contractor must notify the SHIP Program staff, prior to commencing any rehabilitation work, of any known or suspected hazardous, dangerous, toxic or radioactive substances, including asbestos, on the property. The Owner will take all necessary measures to remove hazardous, dangerous, toxic or radioactive substances from the site. 8.2 The Contractor shall supervise 'and direct the work using its best skills and attention. The Contractor shall be solely responsible for all the means, methods, techniques, sequences, and procedures relating to the construction, and for coordinating all portions of the work under the Contract. All work shall be performed in a workmanlike manner according to standard practices. 8.3 Unless otherwise specifically noted, the contractor shall provide and pay for all labor, withholding and unemployment taxes, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services for the proper execution and completion of work. 8.4 The Contractor shall at all times enforce strict discipline, sobriety, and good order among its RFQ • .-155-WG 39 employees, and shall not employ any person or anyone not skilled in the task assigned to him/her. 8.5 The Contractor warranties to the Owner that all materials and equipment incorporated in the work will be new unless otherwise specified and that all work will be of good quality free from faults and defects, and in conformity with the Contract Documents. All work not in conformity with these standards may be considered defective and the work may be rejected and/or appropriate deductions from the Contract price shall be made accordingly. 8.6 The Contractor shall pay all sales, use, and other similar taxes required by law and shall secure all permits, fees, and licenses necessary for the execution of the work. 8.7 The Contractor shall give all notices and comply with all laws, ordinances, rules regulations, and orders of any public authority bearing on the performance of the work and shall notify the SHIP Program staff if the drawings and specifications are at variance therewith. 8.8 The Contractor shall be responsible for the acts and omissions of its employees and all other persons performing any of the work under the Contract at the request of, or direction of, the Contractor or subcontractor. 8.9 The work shall be in accordance with approved samples and shop drawings. 8.10 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his activities. At the completion of the work, it shall remove all waste materials and rubbish from and about the project as well as tools construction equipment, machinery, and surplus materials, and shall clean all glass surfaces and shall leave the work "broom clean" or its equivalent, except as otherwise specified. 8.11 The Contractor shall indemnify and hold harmless the Owner and the City, by and through the SHIP Program, its and their employees, officials, representatives, agents and attorneys, from and against all claims, damages, losses, and expenses including attorney's fees, cost and expenses (trial, appellate and administrative) arising out of or in connection with the performance of the work, provided that any such claim damage or loss, or expense: (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property -(other -than -the -work -itself) -including the -loss of use resulting therefrom; and (2) Is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the Owner or against the City, its officials, employees, agents, representatives or attorneys, by any employee of the Contractor, subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, the indemnification obligation under this subparagraph shall not be limited in any way by any limitation on the amount or type of damages, compensation on benefits payable by or for the Contractor of any subcontractor under workers' compensation laws, disability benefit laws, or other employee benefit laws. The obligation of the Contractor under this subparagraph shall not extend to the liability of the SHIP Program, its agents or employees arising out of: (1) the preparation or approval of maps, drawings, opinions, or (2) the giving of or the failure to give direction or instructions by the SHIP Program, its agents or employees; provided such acts or omissions are the primary cause of the injury or damage. 8.12 The Contractor shall guarantee all work performed for a period of one year from the date of final acceptance. The Contractor shall furnish the Owner, in care of the SHIP Program, properly completed manufacturers and supplier's written guarantees and warranties covering materials and equipment furnished under this Contract. Any defects that appear within the one-year period and arise out of defective or improper materials or workmanship shall, upon direction of the SHIP Program staff, be corrected and made good by the Contractor at its expense. Contractors who fail to comply with the terms of the warranty will be removed from the bidder's list and reported to the Department of Professional Regulation. 8.13 Other Federal, State and Local Requirements. The Contractor and/or subcontractor agrees to adhere to all Federal, State and local requirements including but not limited to the SHIP Program Regulations, Federal Labor Standard Provisions, if applicable, Section 3 Regulations, Equal Employment Opportunity Affirmative Action requirements including 24 CFR Part 570 Section 602, which require that no person shall be excluded from participation, be denied the benefits of or be subjected to discrimination based on race, color, national origin, age, sex, religion or disability. Failure to site specific Federal, State or local requirements shall not relieve the Contractor RFQ 2018 -155 -WG 40 or subcontractor of compliance with the appropriate regulation, if deemed applicable. ARTICLE 9. Subcontractors 9.1 A subcontractor is a person who has a direct written contract with the Contractor to perform any of the work at the site. 9.2 Unless otherwise specified in the Contract Documents or in the instructions to the Bidders, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the SHIP Program, in writing, a list of the names of subcontractors proposed for the principal portions of the work. The Contractor shall not employ a subcontractor to whom the SHIP Program or the Owner may have a reasonable objection. The Contractor shall not be required to employ any subcontractor to whom he has a reasonable objection. Contracts between the Contractor and the subcontractor shall be in accordance with the terms of this Agreement and shall include the General Conditions of this Agreement insofar as applicable. The contractor may not employ a subcontractor that is not licensed or insured in the trade hired to work. ARTICLE 10. Separate Contracts 10.1 The Owner does not reserve the right to award other contracts while this contract is underway. All construction work will be limited to the work specified on the work write up to be performed by the contractor and its subcontractors. 10.2 The Contractor shall notify the City if other work is being performed at the site. The contractor cannot enter into any contract with the owner for work other than what is specified on the work write up during the term of the this contract. ARTICLE 11. Royalties and Patents 11.1 The Contractor shall pay all royalties and license fees. The Contractor shall defend all suits or claims for infringement of any patent rights and shall hold the Owner harmless from loss on account thereof. ARTICLE 12. Time 12.1 Time is of the essence. 1-2.2 If -the -Contractor -is -delayed -atony -time -in -the -progress -of -the -work -by -changes ordered in th-ewo-rk, by labor disputes, fire, unusual delay in transportation, unavoidable casualties, causes beyond the Contractor's control, or by any cause which the SHIP Program staff, may determine justifies the delay, then the Contract time may be extended by a Change Order for such reasonable time as the SHIP Program staff may determine. The Contractor must request such extension of time in writing prior to the contract deadline. Contractors who do not submit extensions of time in writing before the contract deadline will be fined in accordance with Article 2 of this contract. ARTICLE 13. Protection of Person and Property 13.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. The Contractor shall make all reasonable precautions in accordance with prevailing industry standards for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees of the job and other persons who may be affected thereby; (2) all the work and all materials and equipment to be incorporated therein; and (3) other property at the site or adjacent thereto. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction for the safety of person or property, or to protect them from damage, injury, or loss. The Contractor will be held responsible for all damage or loss to any property caused in whole or in part by the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them or by anyone for whose acts they may be liable. ARTICLE 14. Contractor's Liability Insurance 14.1 The Contractor shall purchase and maintain and shall ensure that each of its subcontractors shall purchase and maintain such insurance as will protect each of them from claims from worker's compensation laws and other employee benefit laws, from claims for damage because of bodily injury including death, and from claims for damages to property which may arise out of or result from the Contractor's operation under this Contract, including any subcontractor or their respective employees, agents or representatives. This insurance shall be written for not less than any limits required by law, and shall include liability insurance as applicable to the Contractor's R7i-1aT -155-WG 41 obligations under paragraph 8.11. 14.2 The Contractor shall provide builders risk insurance to cover all losses in the event of theft of materials from the project site during the terms of the Contract. 14.3 Certificates evidencing the above -required insurance shall be filed with the Owner and the SHIP Program, prior to issuance of the Notice of Commencement. ARTICLE 15. Owner's Insurance 15.1 The Owner shall be responsible for purchasing and maintaining its own liability insurance and, at its option, may maintain such insurance as will protect it against claims which may arise from activities under the Contract. 15.2 Flood Insurance Requirements. The owner shall be responsible for purchasing and maintaining flood insurance, if the property is located in a Federal Emergency Management Act 100 -year flood plain zone. The insurance will be maintained active for the duration of the lien filed in connection with this project. ARTICLE 16. Changes in the Work 16.1 Once this contract has been executed, no changes to the work will be allowed. Under extreme circumstances, when the Citv/Countv determines that changes must be made to this contract, any approved alterations, deletions, or deviations from this Contract will be executed upon a written change order signed by the Owner, Contractor, Rehabilitation Specialist and the SHIP Program Administrator. Such Change Orders and resulting cost changes, if any, will be made part of the original Contract and will be limited to 10% of the cost of the line item. However, no extra costs will be paid if the Contractor has neglected to properly evaluate the extent of the work. Work performed prior to the execution of a Change Order will not be paid. 16.2 The Contract sum and the Contract time may be changed only by written Change Order. 16.3 The cost or credit to the Owner from a change in the work shall be determined by mutual agreement of the Owner, Contractor and SHIP Program. ARTICLE 17. Correction -of -Work 17.1 The Contractor shall correct any work that fails to comply with the requirements of the Contract Documents where such failure to comply appears during the progress of the work, and shall remedy any defects due to faulty materials, equipment, or workmanship which appear within a period of one (1) year from the date of final payment of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The provisions of this Article 17 apply to work done by subcontractors as well as to work done by employees of the Contractor. ARTICLE 18. Prohibition, Uses and Elimination of Lead -Based Paint Hazard 18.1 No Contractor or subcontractor shall use or permit the use of lead -base paint on applicable surfaces. Every Contract and subcontract shall contain a prohibition on the use of lead-based paint. 18.2 Defective paint shall be presumed to be lead-based and deemed a health hazard that must be corrected, unless testing shows that lead is not present in the paint at a level above one (1%) percent. 18.3 All applicable surfaces identified in subparagraph 18.4(b) as health hazards shall receive adequate treatment to protect against the ingestion of the contaminated paint. Particular care shall be taken to correct conditions of cracking, scaling, peeling, and loose paint on walls, ceilings, doors, windows, trim, stairs, railings, cabinets, and piping. All such surfaces that require treatment shall be thoroughly washed, sanded, scraped, or wire brushed; so as to remove all cracking, scaling, peeling, and loose paint before repainting. As a minimum, these surfaces must receive two coats of a suitable non -lead based paint. Where it is not feasible to control or correct the cracking, scaling, peeling, or loosening of the lead-based paint and where the film integrity of the treated surfaces cannot be maintained, the paint of these surfaces shall be removed or covered with materials such as hardboard, plywood, drywall, plaster, or other suitable materials. 18.4 Definitions (a) "lead-based paint" as defined in section 501(3) of the Lead -Based Paint Poisoning Prevention Act RFQ 2) 8- 5- G 42 [42 U.S.C. § 4341(3)] means any paint containing more than one (1%) percent lead by weight (calculated as lead - metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied. (b) "Applicable surface" means all interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors, which are readily accessible to children under seven (7) years of age [42 CFR 90.2(g)]. ARTICLE 19. Termination by the Owner 19.1 If the Contractor defaults or neglects to carry out the work in accordance with the Contract Documents or fails to perform any provisions of the Contract, as determined by the Owner or the SHIP Program staff, the Owner may, after seven (7) days written notice specifying the default to the Contractor, correct deficiencies and deduct the cost thereof from the payment then or thereafter due the Contractor or, at his option, terminate the Contract and complete the Contract, and if expenses of completion exceed the unpaid balance, the Contractor shall be liable for the difference. ARTICLE 20. Conflict of Interest 20.1 Contractor is aware of the conflict of interest laws of the State of Florida, particularly, Chapter 112, Part III, Florida Statutes; and the United States Department of Housing and Urban Development, particularly 24 CFR Part 570 § 570.611, and agrees that it shall fully comply in all respects with those provisions. ARTICLE 21. Notices 21.1 All notices shall be sent to the parties at the following addresses: Owner: Contractor: With Copy To: City of Miami Beach Office of Housing and Community Services 1700 Convention Center Drive Miami Beach, FL 33139 ATTN: Director or such address and to the attention of such other person as each party may from time to time designate by written notice to the other parties. ARTICLE 22. Venue 22.1 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. ARTICLE 23. Waiver of Jury Trial RFQ 2018 -155 -WG 43 23.1 By entering into this agreement, owner and contractor 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. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed by duly authorized officials on the date first above written. Signed, sealed and delivered in the presence of: Owner Witness Signature Printed Name: Witness Printed Name: Witness Printed Name: Witness Printed Name: Attest: Corporate Secretary Printed Name: (Seal) If Contractor is an individual: Contractor: By: Address: If Contractor is a Corporation: Contractor: Address: By: RFQ 2018 -155 -WG 44 APPENDIX G POLICY FOR THE SELECTION OF CONTRACTORS AWARDED PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM RFQ 2018 -155 -WG MIAMIBEACH Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program I. Purpose The purpose of this policy is to establish internal controls for the selection and award of contractors for projects awarded by the City of Miami Beach, Florida (the City), pursuant to the State Housing Initiatives Partnership (SHIP) program for owner - occupied construction projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program. Pursuant to the Local Housing Assistance Plan (LHAP), previously approved by the City Commission, the City may provide income eligible homeowners with SHIP funds in connection with repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space (Rehabilitation) or disaster mitigation repairs (collectively, City's Housing Rehabilitation Program). This Policy is intended to: • Ensure compliance with State of Florida requirements for the selection and award of contractors for State Housing Initiatives Partnership (SHIP) program projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program • Ensure homeowners have access to prequalified contractors for all owner - occupied repairs; • Ensure that projects are awarded in a competitive manner that maximizes available funds; • Ensure homeowners have a platform for performance evaluation of contractors; • Ensure contractors have clear guidelines to complete work and receive timely payments; and • Ensure vendors comply with Building Department, Code Compliance and insurance requirements. II. Definitions. A. Project Manager. Third -party consultant responsible for conducting site inspections, drafting scope of work inclusive of projects specifications that will form the basis for the bid documents that will be submitted to the List of General Contractors. B. SHIP Program Coordinator. Office of Housing and Community Services (HCS, the Department) staff, responsible for seeing day-to-day operations of the SHIP program, including program monitoring, homeowner certifications, contractor qualifications approving payments and reporting data to the Florida Finance Housing Corporation. III. Contractor Qualifications. Contractors seeking to participate in the City's Housing Rehabilitation Program must be prequalified through the City's SHIP Contractor Prequalification Process. 2 l Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program A. Annually (at a minimum), the City will issue a Request for Qualifications (RFQ) for those contractors interested in being prequalified to submit their statements of qualification for the City's consideration. Once prequalified, contractors must maintain the required licensing and insurance to be eligible for future projects awarded through this policy. B. The City Manager, in his sole discretion, may approve or reject any contractor to be added to the list of prequalified SHIP contractors. Additionally, the City Manager may remove any contractor that has failed to maintain the qualification requirements or for which the City has documented unresolved or a history of performance issues. Any contractor wishing to appeal the City Manager's decision to not prequalify or to remove from prequalification, shall submit its reasons for the appeal directly to the City Manager. C. Any party who has been suspended or debarred by U.S. HUD or any other Federal Executive Branch Agency and is listed on the Current Exclusion List will not be accepted to participate in the program until at least six (6) months after the expiration of the applicable suspension or debarment. HCS will maintain a current listing of prequalified contractors that will be utilized to seek bids for the Housing Rehabilitation Program. The list will also be made available to City residents on the Department's website. Contractors are responsible for maintaining insurance and licensing information current; and providing updates to the City. All prequalified contractors will be invited to attend Pre -Bid meetings held by a HCS SHIP program staff at the project site. Contractors will be provided with the approved Specification of Work Report that will detail the work to be completed for that particular project. Contractors will be given a deadline to submit questions and bids. IV. Scope of Work and Specifications. The City contracts a third -party consultant (Project Manager) for project management services. The Project Manager will assist the SHIP coordinator in drafting the Specification of Work, project monitoring/evaluation and project closeout. A. The Project Manager will attend a walk through at the eligible homeowner's residence to assess needed repairs and will provide HCS with the Specification of Work that can be completed within the available project budget. Once the scope of work is approved by the homeowner, the SHIP coordinator will prepare the bid document. B. The bid document will include the Specification of Work and any other applicable documents, (e.g. floor plans, demolition plans, sketches, product specifications). C. The Project Manager will assist SHIP coordinator and any other City staff in the evaluation of the bids submitted by the Contractor. The Building Department may be provided with a copy of the Specification of Work for their review and any other applicable documents, in order to facilitate the expediting of applicable building permits. 3 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program V. Required Competition. HCS SHIP Coordinator shall seek at least three written quotes from pre -qualified contractors and shall make reasonable efforts to maximize competition, including seeking quotes from all pre -qualified contractors. A. Upon the expiration of the established Bid Deadline, the bids will be reviewed and itemized on a bid tabulation. The HCS Director may approve awards to lowest responsive, responsible bidders for projects up to $50,000. Projects above $50,000 require the approval of the City Manager. In determining an award, the factors outlined in Section 2-369 of the City Code shall be considered. In• rare cases when three quotes cannot be obtained, the approval of the City Manager shall be required regardless of the value of the project. B. Once the contractor is selected, a contract shall be executed between the City, the selected contractor and the homeowner. At a minimum, the contract shall state the payment schedule, scope of work, and schedule of work. Additionally, the homeowner will execute the permit application and the Notice of Commencement. Contractor must record the Notice of Commencement. C. Contractors will only be awarded one project until they have completed a project that is in compliance with all project requirements, including no change orders or delays, and is satisfactory to the Owner and Department staff. Contractors may be awarded a maximum of two projects concurrently, as recommended by the State funder. If a contractor has two active projects, they will not be awarded any additional projects, unless the Contractor's performance is satisfactory in current or previous awards. Contractors are encouraged to participate in the bidding process regardless of the number of projects awarded. VI. Permits. The SHIP program prioritizes the repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. The work performed must be compliant with the City's building requirements. A. Once contractor is issued a contract, Notice of Commencement and permit application, they must follow the City's Building Permit procedures. B. The City will offer expedited permitting, as per the Local Housing Assistance Plan (LHAP), previously approved by the City Commission. C. The Contractor will provide all plans required by the Building Department with no typos or errors. D. The Contractor is responsible for ensuring that the project is compliant with requests, recommendations or suggestions provided by the Building Official/ Inspector. 4 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program VII. Payments. Progress and final payments to the contractor shall be approved by the City only after the work has been inspected by the housing inspector and determined to comply with the contract and the project bid specifications. A. The City will retain a percentage of all approved Draws, as allowed by Florida Statute, until final inspection and project completion. If a Contractor fails to complete the project and does not comply with the Specification of Work, that Contractor will not have the retainage released. B, There shall be a maximum of three (3) progress payments and final release of retainage once all permits are closed and final work product is approved by HCS. C. Upon completion of a project, a final inspection must be requested by the Contractor. The request must include a copy of the Final Draw Form and copy of all Permit cards with final approval from the Building Department Inspectors. The request is made by the contractor and requested from the independent inspector. D All Draw Requests must be approved by the SHIP Program Coordinator and Department Director. The SHIP Program Coordinator may reasonably request releases and waivers of lien in connection with the application of any progress payments. The Finance Department will only process any Draw Requests once they are reviewed and approved by the Director or his/her designee. E. It the homeowner does not receive satisfaction from the Contractor, the Department may withhold payment and/or retainer if deemed necessary, until a resolution is achieved. Likewise, the Department reserves the right to intervene on the Contractor's behalf if the homeowner is refraining from approving a Draw request without just reason. The Department could proceed to pay the Contractor for the work completed as required without the Homeowner's approval. VIII. Change Orders. Any change order that does not increase the project amount greater than the amount stipulated herein may be approved administratively by the City Manager. The HCS Director may approve changes that increase the project value up to $50,000. Change orders for projects above $50,000 require the approval of the City Manager, in an amount not to exceed $200,000. IX. Dispute Resolution. If a problem arises between the homeowner and contractor, the City may intercede in order to ensure the project's completion. A. If a complaint relating to post -construction work deficiencies is received, the SHIP Program Coordinator will evaluate the complaint within ten (10) working days. B. If the complaint is determined to be valid and the contractor has not addressed the complaint in accordance with the construction contract, the contractor shall be suspended from further program participation pending corrective action. 5 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program C. Corrective repair work through a different approved contractor may be initiated by the SHIP Program Coordinator if any emergency or extremely hazardous conditions exist or if the contractor fails to show good faith at correcting the problem within the specified time limit. D. If the complaint is not valid, the homeowner will be so notified in writing. Owners are to be encouraged to contact the contractor directly in an attempt to resolve construction concerns prior to contacting the City. E. If a complaint relating to processing, policy, or procedures is received, the City staff will respond in writing. The staff response will explain applicable policy when necessary and specify corrective action if any is required. F. Under the terms of the construction agreement, the City has the authority to decide all questions relative to the interpretation of any contract documents and fulfillment of the construction contract as to the character, quality, amount and value of any work and materials furnished under the contract. City decisions regarding all claims, questions and disputes shall be final. G. In the event that the need for arbitration should arise, the Department may use the Construction Housing Inspector as an arbiter. The City's contracted Housing Inspector is an impartial and neutral third party. H. All disputes not resolved by program staff should be reported to Florida Housing Finance Corporation tor possible resolution before the move to arbitration. All unsettled claims or disputes between the homeowner and the contractor arising out of related to the work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a reasonable time after a dispute has arisen. X. Project Closeout. Once project checklist is completed, final inspections are conducted by the Building Department and the City's housing inspector, the final draw request will be reviewed. A. The contractor must provide all warranties, the Contractor's Final Payment Affidavit and final unconditional releases of lien from all contractors, subcontractors and suppliers before the payment is processed. Any and all extended warranties beyond one year shall be provided to the homeowner at the completion of the contract. B. If the contractor fails to respond to and remedy a warranty issue, they will be disqualified from the program for one year and must reimburse the Department for any work contracted to and correct the warranted work. C. If the contractor fails to reimburse the City for work covered under the Contractor's warranty, the contractor will be permanently removed from the 6 1 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program Active Contractor List and will be reported to the Florida Department of Business and Professional Regulation. D. The project must meet property standards, as discussed in the pre-bid meeting and in the contract. Final payment will include release of retainage. XI. Vendor Performance. If, at any time during the project, the HCS finds that a contractor fails to meet his/her obligations with the homeowner and/or the City, and does not remedy the situation as stipulated by the HCS, the contractor will be removed from the list and will be unable to participate in the City's Housing Rehabilitation Program, until resolution of any issue that caused the removal. A. HCS staff will conduct an evaluation at the conclusion of each project which shall be retained in the contractor's records. Prior to each award of a project, the following shall be considered. there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. APPENDIX H CITY OF MIAMI BEACH SHIP LOCAL HOUSING ASSISTANCE PLAN (CHAP) City of Miami Beach SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS 2016-2017, 2017-2018 and 2018-2019 -1- Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 9 A. Owner -Occupied Rehabilitation: 9 B. Disaster Mitigation Recovery 10 C. New Construction 12 D. Purchase Assistance 13 E. Rental Housing Development 15 Section III, Incentive Strategies 17 A. Expedited Permitting 17 B. Ongoing Review Process 17 Exhibits. 18 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution -2- Program Details: A. Name of the participating local government: City of Miami Beach Is there an Interlocal Agreement: Yes B. Purpose of the program: No X 1. To meet the housing needs of the very low-, low-, and moderate -income households; and 2. To expand production of and preserve affordable housing; and 3. To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: FY 2016-2017, FY 2017-2018, and FY 2018-2019 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, of the Florida Statutes, and Chapter 67-37of the Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. In its efforts to expand affordable housing opportunities, the City of Miami Beach works to establish and build a relationship with a designated Community Housing Development Organization (CHDO). F. Leveraging: The Plan is intended to increase the availability of affordable residential units -3- by combining local resources and cost-saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with, or used to supplement, other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The City of Miami Beach is an Entitlement Community that receives HOME and CDBG funds from the U.S. Department of Housing and Urban Development (HUD), which are used in combination with other local funds, to leverage SHIP funds to increase affordable housing opportunities and reduce the cost of housing in the City. G. Public Input: Public input is solicited through face to face meetings with housing providers, social service providers, local lenders, and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least thirty (30) days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. Additionally, the City's outreach efforts will include public workshops, special meetings with various social service agencies, the City website, and meetings with various City departments. I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status. Applicants will be maintained in an order that is consistent with the time applications were submitted as well as any established funding priorities as described in this Plan. Priorities for funding described/listed here apply to all strategies unless otherwise stated in the strategy: Special Needs and Essential Services Personnel applicants. -4- J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. Further, the City does not discriminate on the basis of sexual identity or orientation. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling, Credit Counseling, Tenant Counseling, Legal Counseling and Fair Housing Counseling. All counseling will be provided through qualified HUD -approved agencies. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: X U.S. Treasury Department Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousina.orq. "Affordable" means that monthly rents or mortgage payments including taxes and insurance do not exceed thirty (30) percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the -5- intent to limit an individual household's ability to devote more than thirty (30) percent of its income for housing, and housing for which a household devotes more than thirty (30) percent of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the thirty (30) percent benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. 0. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the Local Housing Assistance Plan assisting rental developments shall periodically monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no Tess than fifteen (15) years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before fifteen (15) years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget of proposed Administrative Expenditures is attached as Exhibit A. The moneys deposited in the Local Housing Assistance Trust Fund shall be used to administer and implement the Local Housing Assistance Plan. Section 420.9075, Florida Statutes and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the five (5) -6- percent limitation on administrative costs, unless its governing body finds, by resolution, that five (5) percent of the local housing distribution plus five (5) percent of program income is insufficient to adequately pay the necessary costs of administering the Local Housing Assistance Plan." Section 420.9075, Florida Statutes and Chapter 67-37. Florida Administrative Code. further states: "The cost of administering the program may not exceed ten (10) percent of the local housing distribution plus five (5) percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to ten (10) percent of program income for administrative costs." The City of Miami Beach has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the Local Housing Assistance Plan will be wholly performed and maintained by the City of Miami Beach. The Office Housing & Community Services is the department responsible for carrying out the strategies under the SHIP LHAP. R. Project Delivery Costs: In addition to the administrative costs listed above, the City of Miami Beach will charge reasonable project delivery costs to cover project estimates/construction estimates and project inspections, which will be performed by independent contractors for construction projects. The fee will not exceed $3,500 and will be included in the amount of the recorded mortgage and promissory note that secures the property. S. Essential Service Personnel Definition: "Essential Service Personnel" are defined as income -eligible employees of Miami Beach businesses and organizations in the following industries: 1. Accommodations and Food Services (including arts, entertainment, and recreation); and 2. Retail Trade; and 3. Public Administration (including City of Miami Beach employees); and 4. Healthcare; and 5. Emergency First Responders. -7- T. 'Incorporation of Green Building and Energy Saving products and processes: The City of Miami Beach is committed to making the housing stock more energy efficient. Therefore, the City will require the use of the following features when economically feasible in the construction/rehabilitation of homes: 1. Water -conserving appliances and fixtures (toilets, showerheads, and faucets); and 2. Energy star appliances; and 3. Efficient lighting on both the interior and exterior of homes; and 4. Upgrading of insulation materials (attics, walls, roofing); and 5. Tankless water heaters; and 6. Air conditioning with a higher SEER rating. U. Describe efforts to meet the 20% Special Needs set-aside: The City will add Special Needs qualification questions to its program eligibility application and utilize the City's various communications resources (including its website, Facebook, Twitter, and e -newsletter) to advise the community of this resources. In addition, the Office of Housing and Community Services (City department responsible for SHIP Program administration) operates the Success University Program. This program is a comprehensive family support program that assists low-income families with various needs, including housing and food. Through this program, which partners with more than 30 community-based human services and support agencies, there is an increased opportunity for identification and referral of eligible households. V. Describe efforts to reduce homelessness: The Office of Housing and Community Services is the City department responsible for the Homeless Outreach Division. As such, it has direct contact with individuals who are homeless and living in the streets, as well as individuals/families that are facing the threat of homelessness. Working in conjunction with other agencies providing certain support services, there is an opportunity to identify households which may be assisted through participation in the SHIP Program; especially those households being provided with employment and credit repair assistance. The City purchases emergency shelter beds and sets aside General Funds in order to provide down payment and security deposits for eligible households transitioning from homelessness. -8- 11. LHAP Strategies: A. Owner -Occupied Rehabilitation: Code 3 a. Summary of the Strategy: Rehabilitation/Repair of single-family (including condominiums), owner -occupied housing. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. Cosmetic items may be included on projects if funds are available after completing all required repairs. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low-, very low-, low-, or moderate -income. d. Maximum award: $70,000 e. Terms: 1. Loan/deferred loan/grant: Deferred Loan, secured by a recorded note and mortgage 2. Interest Rate: 0% 3. Term: Fifteen (15) years 4. Forgiveness/Repayment: Forgivable at the end of the term. Should the property be sold prior to the expiration of the affordability period, the full value of the loan will be repaid. 5. Default/Recapture: The outstanding balance is immediately due if the property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen year term. In the event that title to the property is transferred, as the result of death, to a rightful heir that is income -eligible, and that heir occupies the property as his/her principal residence, then the original terms shall continue in effect. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein, as long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. No additional cash out will be allowed. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and promissory note, as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first -qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population, g. Sponsor Selection Criteria: NA h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. B. Disaster Mitigation Code 5 a. Summary of Strategy: Emergency Assistance to eligible households after the occurrence of a disaster declared by Executive Order (President of the United States or Governor of the State of Florida). In the event of a disaster, the City will commit available unencumbered SHIP funds, as well as other disaster funds that may become available through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used for, but not limited to, the following: 1) Purchase of emergency supplies; weatherproofing a damaged home; 2) Interim repairs to prevent further damage; tree and debris removal to make the housing unit habitable; 3) Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; and 4) Other activities as proposed by the Federal Government, counties and eligible municipalities and approved by Florida Housing Finance - 10 - Corporation. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low-, very low-, low-, or moderate -income. d. Maximum award: $40,000 e. Terms: 1. Loan/deferred loan/grant: Deferred Loan, secured by a recorded note and mortgage 2. Interest Rate: 0% 3. Term: Fifteen (15) years 4. Forgiveness/Repayment: Forgivable at the end of the term. Should the property be sold prior to the expiration of the affordability period, the full value of the loan will be repaid. 5. Default/Recapture: The outstanding balance is due if the property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen (15) year term. In the event that title to the property is transferred, as the result of death, to a rightful heir that is income -eligible, and that heir occupies the property as his/her principal residence, then the original terms shall continue in effect. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein, as long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. No additional cash out will be allowed. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and promissory note, as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first -qualified, first-served basis. g. Sponsor Selection Criteria: NA - 11 - h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. C. New Construction Code 10 a. Summary of Strategy: To develop homeownership opportunities to assist eligible buyers to purchase affordable housing in Miami Beach. Funds will be provided to developers to be used to finance the costs associated with site acquisition/development, and hard and soft construction costs. The developer will deliver at least one housing unit for each maximum award that is allocated for the property construction. The property must be sold to an income -eligible homebuyer. Upon sale, the SHIP funding obligations will be passed to the homebuyer and secured by a note and mortgage. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low-, very low-, low-, or moderate -income. d. Maximum award: $40,000 e. Terms: 1. Loan/deferred loan/grant: Deferred Loan, secured by a recorded note and mortgage. 2. Interest Rate: 0% 3. Term: Fifteen (15) years 4. Forgiveness/Repayment: Forgivable at the end of the term. Should the property be sold prior to the expiration of the affordability period, the full value of the loan will be repaid. 5. Default/Recapture: No payments will be required during the construction phase. The maximum amount of time allowed for the construction of the property will coincide with the SHIP Program expenditure requirements based on the fiscal year funds that are provided. If the home is not completed within the stated timeframe the developer will be required to repay the -12- SHIP funds. Once construction is completed the unit will be sold at an agreed sales price to an eligible homebuyer. The SHIP subsidy will be passed on to the homebuyer with the homebuyer only required to provide financing that represents the property sales price minus the amount of the SHIP subsidy. The outstanding balance of the subsidy is due if the property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen (15) year term. In the event that title to the property is transferred, as the result of death, to a rightful heir that is income -eligible, and that heir occupies the property as his/her principal residence, then the original terms shall continue in effect. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein, as long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. No additional cash out will be allowed. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate. The City's interests will be secured through the execution of a mortgage and promissory note, as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first -qualified, first-served basis. f. Sponsor Selection Criteria: Developers will respond to an RFP process which will require confirmation of the developer's experience, financial capacity, site control, and ability to secure all necessary funds to proceed. g. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. D. Purchase Assistance Codes 1, 2 a. Summary of Strategy: Down payment, closing cost and rehabilitation assistance for the purchase of new or existing housing, and the rehabilitation of those properties, for first-time homebuyers. A first-time - 13 - homebuyer is defined as a purchaser that has not owned a home in at least the last three (3) years. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low-, very low-, low-, or moderate -income. d. Maximum award: 1. $50,000 (Moderate -Income) 2. $100,000 (Low and Very Low -Income) 3. $150,000 (Extremely Low -Income) e. Terms: 1. Loan/deferred loan/grant: Deferred Loan, secured by a recorded note and mortgage. 2. Interest Rate: 0% 3. Term: Fifteen (15) years 4. Forgiveness/Repayment: Forgivable at the end of the term. Should the property be sold prior to the expiration of the affordability period, the full value of the loan will be repaid. 5. Default/Recapture: The outstanding balance is due if the property is sold, rented, refinanced or the property fails to be the owner's primary residence during the fifteen (15) year term. In the event that title to the property is transferred, as the result of death, to a rightful heir that is income -eligible, and that heir occupies the property as his/her principal residence, then the original terms shall continue in effect. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein, as long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. No additional cash out will be allowed. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate and does not impact equity. Additionally, if the unit is sold prior to the completion of the affordability period, part of the equity produced by the sale - 14 - shall be reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50 percent of the profit shall be paid to the City; if the unit is sold between the eleventh and fifteen year, 25 percent of the profit shall be paid to the City. The profit is defined as the sales price at the time of default minus the sales price of the property at the time the homeowner acquired it with the assistance of the SHIP subsidy. The City's interests will be secured through the execution of a mortgage and promissory note, as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first -qualified, first-served basis. g. Sponsor Selection Criteria: NA h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. E. Rental Development Code 14 a. Summary of Strategy: Funds will be provided to for-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi -family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi -family buildings owned and operated by the City. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low-, very low-, low-, or moderate -income. d. Maximum award: $40,000/Unit e. Terms: -15- 1. Loan/deferred loan/grant: Deferred Loan, secured by a recorded note and mortgage. 2. Interest Rate: 0% 3. Term: Thirty (30) years 4. Forgiveness/Repayment: Forgivable at the end of the term. Should the property be sold prior to the expiration of the affordability period, the full value of the loan will be repaid. 5. Default/Recapture: Outstanding balance of the SHIP subsidy will be due if the property is sold or transferred, or the property fails to be used for affordable housing during the thirty (30) year term. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the affordability period when the developer is converting the project to market rate development. The reverter clause will not be used if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate -income households. The City's interests will be secured through the execution of a mortgage and promissory note, as well as a Restrictive Covenant delineating the recapture period and terms. f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor/Developer Selection Criteria: Developers will respond to an RFP process which will require confirmation of the developer's experience, financial capacity, site control, and ability to secure all necessary funds to proceed. h. Additional Information: Assisted properties must be located within the City of Miami Beach corporate limits. III. LHAP Incentive Strategies A. Name of the Strategy: Expedited Permitting Permits, as defined in s. 163.3177 (6) (f) (3) for affordable housing projects, are expedited to a greater degree than other projects. This incentive gives priority to designated affordable housing projects when scheduling pre -design conferences with relevant City agencies including, but not limited to: Fire Department, Planning Department and Zoning Department, Building Department, Historic Preservation Board, and the Office of Housing and Community Services (HCS). Also, when the plans are ready for permitting, first priority is given. The City will develop a form to identify the projects reviewed by the HCS. The incentive was enacted by administrative action in February 1997. B. Name of the Strategy: Ongoing Review Process This incentive provides for an ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Prior to the adoption of any proposed policy, procedure, ordinance, development plan, regulation, or Comprehensive Plan amendment that might impact housing, the City evaluates its potential effect and cost on affordable housing through the Director of the Office of Housing and Community Services (HCS). The HCS may present proposed legislation to applicable City boards and committees for their review as they may impact housing. -17- IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. - 18 - ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR LHAP 2009-001 Exhibit A Revised: 6/2016 City of Miami Beach Exhibit A Fiscal Year: 2016-2017 Estimated Allocation for Calculating: $ 367,448.00 Salaries and Benefits $ e 33,070.00 Office Supplies and Equipment $ 1,000.00 Travel Per diem Workshops, etc. $ 750.00 Advertising $ 1,924.80 Other* Total, $ 36,744.80 80 0.1 Fiscal Year: 2017-2018 Estimated Allocation for Calculating: $ 367,448.00 Salaries and Benefits $ 33,070.00 Office Supplies and Equipment $ 1,000.00 Travel Per diem Workshops, etc. $ 750.00 Advertising $ 1,924.80 Other* $ Total $ 36,744.80 0.1 Fiscal Year 2018-2019 Estimated Allocation for Calculating: $ 367,448.00 Salaries and Benefits $ 33,070.00 Office Supplies and Equipment $ 1,000.00 Travel Per diem Workshops, etc. $ 750.00 Advertising $ 1,924.80 Other* Total3 $ 6,744.80 I 0.1 *AII "other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: 7Exhibit B Timeline for SHIP Expenditures City of Miami Beach affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended 1st Year AR 2nd Year AR Closeout AR 2016-2017 6/30/2018 6/30/2019 9/15/2017 9/15/2018 9/15/2019 2017-2018 2018-2019 6/30/2019 6/30/2020 6/30/2020 9/15/2018 6/30/2021 9/15/2019 9/15/2019 9/15/2020 9/15/2020 9/15/2021 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Funds Not 1st Year AR 2nd Year AR Closeout AR Encumbered Expended Not Not Not Submitted Submitted Submitted 2016-2017 3/30/2018 3/30/2019 6/15/2017 6/15/2018 6/15/2019 2017-2018 3/30/2019 3/30/2020 6/15/2018 6/15/2019 6/15/2020 2018-2019 3/30/2020 3/30/2021 6/15/2019 6/15/2020 6/15/2021 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the. year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff(a@floridahousing.org and terry.auringerC«@floridahousing.org_ and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email terry.aurinaerPfloridahousinq.ora when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are due for each local government by December 31 of the year prior to the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. Strategy # From Plan Text Name of Local Government: City of Miami Beach HOME OWNERSHIP I VLI STRATEGIES (strategy title Code must be same as the title used Units in plan text. 3 Owner -Occupied Rehab 3 1 Purchase Assistance w/Rehab 2 Purch. Assistance w/o Rehab 5 Disaster Mitigation 10 New Construction Subtotal 1 (Home Ownership) RENTAL STRATEGIES 14 Rental Development 3 FLORIDA HOUSING FINANCE CORPORATION Please check applicable box HOUSING DELIVERY GOALS CHART New Plan: X 2016-2017 Amendment: Fiscal Yr. Closeout: Max. SHIP LI Award Units $70,000 3 $150,000 I 3 VLI Max. SHIP Units Award $40,000 Subtotal 2 (Non -Home Ownershi 0 Administration Fees Admen. From Program Income Home Ownership Counseling (GRAND TOTAL (Add Subtotals 1 & 2, plus all Ad' Percentage Construction/Re Maximum Allowable Purchase Price: Allocation Breakdown Very -Low Income Low Income Moderate Income TOTAL 3� Max. SHIP MI Award Units $70,000 $100,000 3 3 Allocation $367,448.00 A B C D E F New Construction Rehab/Repair Without Total Total Total Max. SHIP Construction Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dollars Percentage Units $225,000.00 $225,000.00 61.23% 6 $50,000 $105,702.20 $105,702.20 28,77% 3 $0.00 0.00% 0 $0.00 0.00% 0 1 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 $0,00 0.00% 0 $0.00 0330,702.20 $0.00 $330,70220 90.00% 9 LI Max, SHIP MI Max. SHIP New Construction Rehab/Repalr Units Award Units I Award 0 01 3 Without Total Total Total Construction SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dollars Percentage Units $0.00 0.00% $0.00 0.00% - -_ $0.00 0,00% $0.00 0.00% $0.00 0.00% $0.00 $0.00 $0.00 $0.00 0.00% 038,744,80 10.00%. 0.005 0.00 0 $0.00 8330.702,20 $0.00 $367,447,00 100,00% 90%1 Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. mount $115,000.00 $110,000.00 $105,703.00 °!o 31.3% 29.9% 28.8% New Projected Program Income: Protected Recaptured Funds: Distribution: Total Available Funds: . $325,301 Existing $325,301 $367,448.00 $367,448.00 Max Amount Program Income For Admi $0.00 1 01 o_1 o OJ a( 0( s 9 Name of Local Government City of Miami Beach I I HOME OWNERSHIP I VLI STRATEGIES (strategy title Code must be same as the title used Units In plan text. 3 Owner -Occupied Rehab 3 1 Purchase Assistance w/Rehab 2 Purch. Assistance w/o Rehab 5 'Disaster Mitigation 10 'New construction (Subtotal 1 (Home Ownershlp) 31 RENTAL VLI STRATEGIES Units 14 Rental Development Subtotal 2 (Non -Home Ownershil 0 Administration Fees 1 Admin. From Program Income 1 Home Ownership Counseling 1 GRAND TOTAL Add Subtotals 1 & 2. plus all Ad 3 Percentage Construction/Re Maximum Allowable Purchase Price: Allocation Breakdown Very -Low Income Low Income Moderate Income , TOTAL FLORIDA HOUSING FINANCE CORPORATION Please check applicable box HOUSING DELIVERY GOALS CHART 2017-2018 [Estimated Funds:1 $367,448.00 New Plan: X Amendment: Fiscal Yr. Closeout: A B C D E F New Construction Rehab/Repair Without Total Total Total Max. SHIP LI Max. SHIP MI Max. SHIP Construction Award Units Award Units Award SHIP Dollars SHIP Dollars SHIP Dollars SHIP Dollars Percentage Units $70,000 3 $70,000 $150,000 3 $100,000 3I $50,000 3 Max. SHIP LI 1 Max. SHIP MI Award Units 1 Award Units 0 3 3 $225,000.00 $105,703.20 $0.00 1 $330,703.20 $225.000.00 61.23% 6 $105,703.20 28.77% 3 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.001 0 $0.00 0.00% 0 $0.00 0.00%1 0 $0.00 $330,703.20 90.00%1 9 New Construction Rehab/Repair Without Max. SHIP Construction Award SHIP Dollars SHIP Dollars SHIP Dollars $0.00 $0.00 $0.00 Total Total Total SHIP Dollars Percentage Units $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0.00% 0 80.00 0.00% 0 $0.00 0.00% 0 $0.00 $0.00 0.00% 0 $36,744.80 10.00% 0.00% 0.00% $330,703.20 $0,00 $367.448.00 100.00% 90% $325,301 Existing $325,301 Max Amount Program Income For Adm(i $0.00 Calculate Constr./Rehab Percent. by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. mount $115,000.00 $110,000.00 $105,703.00 % New Protected Program Income: 31.3% Projected Recaptured Funds: 29,9% Distribution:) 28.8% Total Available Funds: 90.0%I .. $367,448.00 $367,448.00 91 Name of Local Government: FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART 2018-2019 City of Miami Beach Estimated Funds:( HOMO OWNERSHIP VLI STRATEGIES (strategy title must Code be same as the title used In plan Units +Pvf 3 Owner -Occupied Rehab 3 1 Purchase Assistance w/Rehab 2 IPurch. Assistance w/o Rehab 5 Disaster Mitigation 10 New Construction Subtotal 1 (Home Ownership) RENTAL STRATEGIES 14 Rental Development Subtotal 2 (Non -Home Ownership) Administration Fees Admin. From Program Income Home Ownership Counseling 3 A Max. SHIP LI Max. SHIP I MI Max. SHIP New Construction Award Units Award Units Award SHIP Dollars $70,000 3 $70,000 $150,000 $100,000 3I $50,000 1 31 VLI Max. SHIP LI Units 1 Award Units GRAND TOTAL Add Subtotals 1 & 2,plus. all Adm 3 Percentage Construction/Reh. Maximum Allowable 1 Purchase Price: 0 3 Max. SHIP Award 31 Please check applicable box New Plan: X Amendment: Fiscal Yr. Closeout: $367,448.00 1 1 8 C D I E F Rehab/Repair Without Construction Total Ij Total Total SHIP Dollars SHIP Dollars SHIP Dollars Percentage Units $225,000.00 $225,000.00 61.23% 865,703.20 $65,703.20 17.88%. $40,000.00 $40,000,00 10.89% $0.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% $0.00 0.00% $40,000.00 8330,703.20 90,00% $0.00 $290,703.20. MI Max. SHIP New Construction Rehab/Repair Units Award SHIP Dollars SHIP Dollars 0 3 $0.00 $0.00 31 Without 'Total Total Total Construction SHIP Dollars SHIP Dollars Percentage Units $0.00 0.00% 0 $0.00 0.00% 0 $0.00 0,00% 0 $0.00 0.00% $0.00 0.00% $0.00 $0.00 $0.00 0.00% $36,744.80 10.00 0.00 4 0,00 $290,703.20 $40,000.00 8367.448.00 I 100.00% Calculate Constr./Rehab Percent by adding Grand Total Columns A&B, then divide by Annual Allocation Amt. Allocation Breakdown Amount Very -Low Income $115,000.00 Low Income $110,000.00 Moderate Income 8105,703.00 TOTAL New Projected Program Income: 31.3% Projected Recaptured Funds: 29.9% Distribution: 28.8% Total Available Funds: 90.0% 79%I 9325,3011 Existing $325,3011 Max Amount Program Income For Admlil $367,448.00 $367,448.00 $0.00 9 Exhibit D 67-37.005(1), FAX. 1 Effective Date: 05/2016 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: City of Miami Beach Certifies that: (1) (2) (3) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907-420.9079, Florida Statutes, All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for view and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law, ( ) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR), An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. Exhibit D 67-37,005(1), F.A,C, Effective Date: 05/2016 (12) Hvidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F,S, shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements, (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for / 4 - Miami -Dade County), Witness Witt ss Date OR ,ex,r( /ire Atte t: (Seal) 2 fficial or designee fp Levine, Mayor pe Name and Title APPROVED AS TO FORM & LANGUAGE &r.E1ECUTICN City Alforn6V +A-90lb Dote RESOLUTION NO, 201629364 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP), ATTACHED TO THIS RESOLUTION, FOR THE STATE 'HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2016/2017, 2017/2018, AND 2018/2019, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 - 420,9079, FLORIDA STATUTES; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CERTIFICATIONS; AUTHORIZING THE ADMINISTRATION TO SUBMIT THE LHAP TO THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL; AUTHORIZING THE APPROPRIATION OF SHIP PROGRAM FUNDS FOR FISCAL YEARS 2016/2017, 2017/2018 AND 2018/2019, IN AMOUNTS TO BE DETERMINED BY THE STATE OF FLORIDA OR SUCH FINAL ALLOCATION AMOUNTS AS ADJUSTED BY THE FHFC; AND FURTHER AUTHORIZING THE APPROPRIATION OF ANY INTEREST ACCRUED THEREON FOR ELIGIBLE ACTIVITIES UNDER THE SHIP PROGRAM RULES. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss, 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a three-year Local Housing Assistance Pian (LHAP) outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, as required by section 420.9075, F.S., it is found that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent (10%) of the local housing distribution plus five percent (5%) of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. WHEREAS, the Administration has prepared a new LHAP, incorporated herein by reference and attached as Exhibit "A" hereto, for Fiscal Years 2016/2017, 2017/2018 and 2018/2019, in order to qualify to receive annual allocations of SHIP Program unds for eligible housing activities; and WHEREAS, the Administration recommends authorizing the appropriation of SHIP Program funds for Fiscal Years 2016/2017, 2017/2018 and 2018/2019 in amounts to be determined by the State, or such final allocation amounts as may be adjusted by the FHFC; as well as the appropriation of any interest accrued thereon for eligible activities under the SHIP Program Rules. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt the Local Housing Assistance Plan (LHAP) attached to this Resolution for the State Housing Initiatives Partnership (SHIP) Program for Fiscal Years 2016/2017, 2017/2018 and 2018/2019, as required by the SHIP Act, Subsections 420.907 — 420.9079, Florida Statutes; authorize the execution of the necessary certifications by the Mayor and the City Clerk; authorize the Administration to submit the LHAP to the Florida Housing Finance Corporation for Its review and approval; authorize the appropriation of SHIP Program funds for Fiscal Years 2016/2017, 2017/2018 and 2018/2019, in amounts to be determined by the State of Florida, or such final allocation amounts as adjusted by the Florida Housing Finance Corporation; and further authorize the appropriation of any interest accrued thereon for eligible activities under the SHIP Program Rules. „ Passed and adopted this 12 day of ATTEST: 42016. TAAGENDA \April %HAP CC Resolution 4-13-2016 APPROVED AS TO •FORM & LANGUAGE & FOR EXECUTION , A ok,