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99-23285 RESO RESOLUTION NO. 99-23285 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE A TT ACHED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), IN THE AMOUNT OF SEVENTY- THREE THOUSAND FIVE HUNDRED DOLLARS ($73,500), FROM THE CITY'S FISCAL YEAR 1999/2000 ALLOCATION OF HOME PROGRAM FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1999/2000. WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to receive funding through the HOME Investment Partnerships (HOME) Program; and WHEREAS, the intent of the HOME Program is to expand the supply of housing for income-eligible households and to encourage collaboration with the private sector and not-for-profit housing providers; and WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No. 93-20756, designating Miami Beach Community Development Corporation as a Community Housing Development Organization (CHDO); and WHEREAS, in accordance with the HOME Program regulations, the City may provide up to five percent (5%) of its HOME allocation each fiscal year for eligible operating expenses of a CHDO; and WHEREAS, on July 7, 1999, the Mayor and City Commission adopted Resolution No. 99- 23238 approving the Fiscal Year 1999/2000 One-Year Action Plan for Federal funds, including the Fiscal Year 1999/2000 budget allocation for the HOME Program CHDO operating expense set- aside; and WHEREAS, the Administration recommends that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the attached HOME Program Agreement with Miami Beach Community Development Corporation. NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are hereby authorized to execute the attached HOME Investment Partnerships Program (HOME) Agreement with Miami Beach Community Development Corporation (MBCDC), in the amount of Seventy-Three Thousand Five Hundred Dollars ($73,500), from the City's Fiscal Year 1999/2000 allocation of HOME Program funds for eligible Community Housing Development Organization operating expenses in Fiscal Year 1999/2000. PASSED AND ADOPTED THIS 17th DAYOF September ,1999 ATTEST: MAYOR ~ 11rk~ r Q;tdu~, CITY CLERK F: BS: ~IBOC2\99C11 [)O~~.. RES APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1Jj h1$JL C!y Affor~' f/~ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci miami-beach.fl us COMMISSION MEMORANDUM NO. ~~ TO: Mayor Neisen O. Kasdin and Members of the: City mmission DATE: September 14, 1999 FROM: SUBJECT: A RESO ON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERlK TO EXECUTE THE ATTACHED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), IN THE AMOUNT OF SEVENTY-THREE THOUSAND FIVE HUNDRED DOLLARS ($73,500), FROM THE CITY'S FISCAL YEAR 1999/2000 ALLOCATION OF HOME PROGRAM FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1999/2000. ADMINISTRATION RECQMMENDATION Adopt the Resolution. BACKGROUND The HOME Investment Partnerships (HOME) Program requires the City, in its capacity as a participating jurisdiction, to reserve at least 15 percent of its annual allocation for a particular type of not- for-profit called a Corrununity Housing Development Organization (CHDO). The CHDO is required to utilize the funds for housing development activities in which the CHDO is the owner, sponsor or developer of the housing. In addition, up to 5 percent of the City's annual HOME Program allocation may be allocated to the CHDO to offset operating expenses incurred by the CHDO in its capacity as an owner, sponsor or developer of housing assisted with HOME funds. On July 7, 1999, the Mayor and City Commission adopted Resolution No. 99-23238, which approved the City's One-Year Action Plan for Federal Funds for fiscal year 199912000. The Plan lists the budget allocations for the programs and activities to be implemented through the Community Development Block Grant (CDBG) Program, the HOME Program, and the Emergency Shelter Grants (ESG) Program. AGENDA ITEM~ Cf-I"-I..'79 DATE 145 COMMISSION MEMORANDUM PAGE 2 ANAL YSIS The One-Year Action Plan f~ fiscal year 1999/2000 allocates HOME Program funds in the amount of$73,500 (or five percent dfthe City's annual HOME Program allocation of $1,470,000) to the designated CHDO, Miami Beach Community Development Corporation (MBCDC), for CHDO operating expenses. THE HOME Program requires the City to commit funds within 24 months after receiving the annual allocation. In order to commit the HOME Program funds, it is necessary to execute a contractual agreemttnt with MBCDC. The attached HOME Program agreement satisfies the commitment requirement. The CHDO operating funds will be utilized by MBCDC as follows: * * maintaining eligibility as a qualifying CHDO; eliciting input from the community in decisions regarding design, siting, development and management of affordable housing projects; developing housing strategies and programs; developing project-specific plans to implement such programs; identifying additional funding resources available to implement housing initiatives, including grant resources, mortgages and other funding; planning and developipg housing initiatives, including rental housing and ownership housing for first-time home bt,lyers, income-eligible families, and persons with special needs; and continuing the implementation of the following specific HOME Program initiatives: * * * * * Scattered Site Home <Dwnership Program: During fiscal year 1999/2000, HOME Program deferred payment lo~s will be provided to prospective home buyers for down payment assistance, This activity is funded through the City's HOME and SHIP Programs and the Miami-Dade County ~urtax program. MBCDC serves as a CHDO developer in this program by entering into a pur~hase agreement with the seller, rehabilitating the property if necessary to meet local property standard requirements, and transferring title of the property and the HOME loan obligation to an income-eligible buyer. Scattered-Site rental tWits: MBCDC will continue its responsibilities as the CHDO owner of four scattered-site cpndominium units acquired with HOME Program funds. This activity provides rental units for income-eligible families. The Jefferson Apartments: MBCDC completed the rehabilitation of the Jefferson Apartments in April 1999. The Jefferson Apartments, located at 542 Jefferson A venue provides 27 units of rental housing for elderly persons. MBCDC will manage the building in conjunction with the Housing Authority of the City of Miami Beach. The Fernwood Apartl1llents: MBCDC closed on this property July 1999. The Fernwood Apartments, located at 935 Pennsylvania Avenue, will be rehabilitated to provide eighteen units of supportive rental housing for physically disabled persons living with HIV/AIDS. MBCDC is the owner and developer of this project. The Crespi Park Apart:ments: MBCDC closed on this property July 1999. The Crespi Park Apartments consists of three adjacent properties in the North Beach area, 7900-7920 Crespi 146 COMMISSION MEMORANDUM PAGE 3 Boulevard and 1011 and 1023 79th Street. The buildings will be rehabilitated to provide sixteen units ofrenta~ housing. MBCDC is the owner and developer of this project. The Madison Apartm~nts: MBCDC completed the rehabilitation of the Madison Apartments in July 1997. The Madison Apartments, located at 259 Washington Avenue, provides seventeen units of rental housing. MBCDC will continue to co-manage the building in conjunction with the l-Iousing Authority of the City of Miami Beach. Other Initiatives: Utilization of CHDO set aside funds for future projects to be owned, sponsored or developed by MBCDC. CONCLUSION The Administration recommends that the Mayor and City Commission adopt a Resolution authorizing the Mayor and ~ity Clerk to execute the attached HOME Investment Partnerships (HOME) Program Agreement with Miami Beach Community Development Corporation (MBCDC), in the amount of Seventy- Three Thousand Five Hundred dollars ($73,500), from the City's fiscal year 1999/2000 allocation of HOME Program funds for eligible Community Housing Development Organization operating expenses in fiscal year 1999/2000. SR/~IRMI~fBs ~ F:IODHPISALLIBETHIMBCDC2199CHD05% MEM 147 HOME PROGRAM AGREEMENT THIS AGREEMENT, entered into this ...!2 day of Sept., 1999 by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinater referred to as the City), and the MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, a not-for-profit Florida corporation, with offices located at 1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBCDC). WITNESSETH: WHEREAS, the City was designated by the United States Department of Housing and Urban Development (HUD) as a partlcipating jurisdiction for the receipt of funds as provided under the HOME Investment Partnerships Program (HOME Program) under 24 CFR 92; and WHEREAS, the City has entered into an Agreement with HUD forthe purpose of conducting an affordable housing program with federal financial assistance under the HOME Program; and WH EREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No. 93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified Community Housing Development Organization (CHDO) under the HOME Program; and WHEREAS, the City has determined the necessity for providing affordable housing in the City through the fiscal year 1999/2000 One-Year Action Plan for Federal funds, adopted by Resolution No. 99-23238 on July 7, 1999; and WHEREAS, MBCDC Warrants and represents that it possesses the legal authority to enter into this Agreement, by way of ia resolution, motion, or similar action that has been duly adopted or passed as an official act of ' the MBCDC governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and authorizing the perSO:l identified as the official representative of MBCDC to act in connection with this Agreement and to provide such additionali information as may be required; and WHEREAS, it is acknowledged and agreed that funds to be granted to MBCDC derive from Federal funds appropriated to; the City by HUD for the uses and purposes herein referred to and, accordingly, it is acknowledge~ and agreed that this Agreement is entered into in compliance by the parties with all applicable provi$ions of Federal, State and local laws, statutes, rules and regulations. NOW, THEREFORE, irh consideration of the mutual promises contained herein, the parties hereto agree as follows: ARTICLE I DEFINITIONS As used in this Agreement the terms listed below shall have the following meanings: (a) HOME: HOME Investment Partnerships Program, Final Rule, 24 CFR Part 92, as amended. (b) HUD: United States !Department of Housing and Urban Development or any successor agency. (c) CHDO: Community Housing Develo;)"nent Organization as defined in the HOME Investment Partnerships Program, Final Rule, 24 CFR Part 92, as amended. (d) Funds: HOME Program funds. (e) CHDO Operating Expenses: Reas:mable and necessary costs for the operation of the CHDO. Such expenses include salaries, W3;jeS, and other employee compensation and benefits; employee education, training, and travel; rei1t; utilities; communication costs; taxes; insurance; and equipment, materials and supplies. Operajng expense funds may not be used to pay operating expenses incurred by a CHDQ acting as a subrecipient or contractor under the HOME Program. (f) Terms defined in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92, September 16, 1996, and any amendments thereto: Any term defined in the HOME Investment Partnerships Program, Final Rule. not other.',lse defined in this Agreement, shall have the meaning set forth in said Rule. ARTICLE II ALLOCATION OF HOME FUNDS In consideration for the! performance by MBCDC of its role and responsibilities set forth in this Agreement, the City will provide Seve""1ty-Three Thousand Five Hundred Dollars ($73,500) (Funds), from its fiscal year 1999/2000 HOM:: allocation to MBCDC to be used for eligible operating expenses relative to CHDO activities in ac:ordance with the Scope of Services (Exhibit A) and Operating Budget (Exhibit B) attached heretc. The Funds will be used solely to pay reasonable and necessary costs for the operation of MBCOC acting in its capacity as a CHDO under the HOME Program during the period October 1, 1999 :hrough September 30, 2000; any remaining balance of Funds shall revert to the City. ARTICLE III PROCEEDS FROM HOME INVESTMENT In accordance with theiHOME Final RJle as amended at ~92.300 (a) (2), MBCDC may retain the proceeds resulting from ttne CHDO's investment of its CHDO set aside funds for use in other housing activities which benefit low-income :amilies. However, any recapture of HOME funds for housing not meeting the affor~ability require-:1ents of 24 CFR S92.254 (a) (5) (ii), will be considered program income and will be repaid in acco;-jance with the requirements of 24 CFR S92.503. ARTICLE IV SPECI"-L PROVISIONS APPLICABLE TO FUNDS PRPVIDED UNDER THE HOME PROGRAM MBCDC expressly agrees to the following terms and conditions in conformity with the HOME Program Final Rule, 24 CFR Part 92, as ar:-ended: (a) It will enter into a written Agreement with the City reserving fiscal year 1999/2000 CHDO set aside funds within 24 mdnths from the end of the month in which HUD signs the fiscal year 1999/2000 HOME Agreement with the City, and will execute specific CHDO Agreement(s) with the City in order to commit the set aside funds to a specific eligible CHDO project or projects. The City, at its sole discretion, may reqt;Jire commitme:1t of CHDO set aside funds within a time period that is in the best interest of the City in order to av:)id recapture of set aside funds. (b) It will maintain a financial management system that conforms to the financial 2 ac:ountabili:y standards of 24 C~R 84.21, "Stanjards for Financial Management Systems." (c) pJfirmative Marketinc MBCDC agrees to adopt and implement affirmative marketing pr:-:edures for rental a;1d home bL!yer projects containing five or more HOME-assisted housing units as set forth in 24 CFR 92.351 a1d to maintain records of its affirmative marketing activities in ac:ordance with the record ket;;p:ng requirements of 24 CFR 92.508 (a)(7)(ii). (d) CHDO CaDabilities. l.mCDC as a CHDO agrees to either develop, sponsor or own the HC;I,AE projects funded with set aside funds and in any of these capacities it must have effective ma~agement control. (e) Chanoe in Status: MBCDC agrees to advise the City in writing within thirty (30) days, of a.ny organizational, operation!aL or legal status changes made by MBCDC that affect documents tha: were submitted by MBCDC to obtain CHDO status. (f) Property Standards: MBCDC agrees to comply with the property standards requirements as set forth in 24 CFR S92.251. ARTICLE V ELIGIBLE COSTS MBCOC agrees that eli~it~,e operating expenses under this Agreement are limited to those ell;::,le costs for operating expenses as outlined in 24 CFR S92.208 of the HOME Program re;Jlations and as defined herei~ Article I. ARTICLE VI METHOD OF PAYMENT M=CDC shall be paid as descrribed below: (1 MBCOC shall be paid for eligible costs, permi:ted under the Scope of Services based on aC:'Jal costs, with supportive documentation for expenses that are considered reasonable and ne:essary and approved by MBCDC's authorized rep~esentative. MBCDC shall be paid only for th:se expenditures contained wthin Exhibit "B~ Budget to this Agreement. Budget line item tra-sfers must have prior written approval of the City. Documentation shall include, but not be lirT:ed to, the following: a. Books, records and documents in accordance with generally accepted accounting priiciples, procedures and prraC:ices which sufficiently and properly reflect all revenues and ex:enditures of funds provided di~ectly or indirectly by this Agreement. b. A system of allocatioh tiat will assure reliable cost measurements and customary service de....ery costs. c. Time sheets for split;..fu1ded employees. who work on more than one activity, in order to record the HOME activity delivery cost by project and the non-HOME related charges. (2) Requests for payment $ha[l be assembled by calendar month and received by the City no later than the 10th day of the succeeding mont.,. Failure to comply may result in rejection of 3 invoices. In no event shall the City provide advance HOME funding to MBCDC nor shall MBCDC advance HOME funds to any party. (3) Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by the City of all rElPorts and documents which MBCDC is required to submit to the City pursuant to the terms of this Agreement or any amendments thereto. (4) No payments will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with the City. (5) MBCDC understands and agrees that disbursements of funds under this Agreement may not be requested until funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. ARTICLE VII SUBCONTRACTS (a) MBCDC agrees that nohe of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the City. (b) MBCDC agrees to include in the subcontract that the subcontractor shall hold the City harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement to the extent allowed by law. (c) If MBCDC subcontracts, a copy of the executed subcontract must be forwarded to the City within ten (10) days after execution. ARTICLE VIII CONDITIONS OF SERVICES (a) As a condition of these services, MBCDC agrees to comply with the regulations of the HOME Program and any Amendments thereto as stated in 24 CFR Part 92. (b) MBCDC agrees to comply with the requirements of Executive Orders 11625 and 12432 concerning Minority Busine.~s Enterprise and 12138 Women's Business Enterprise which encourage the use of minoritY'cIlnd women's business enterprises, to the maximum extent possible, in connection with HOME-funded activities. (c) MBCDC agrees to comply with the Displacement, Relocation, and Acquisition requirements in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24. (d) MBCDC agrees to comply with all of the following federal laws, executive orders and regulations pertaining to fair housing and equal opportunity: (1) Title VI of the Civil, Rights Act of 1964, As Amended (42 U.S.C. 2000d) -- States that no person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance on the basis of 4 race, color, or national origin. Its imple7lenting re~Jlations may be found in 28 CFR Part 1. (2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C. 3601) and its implemen~ing reguations at 24 CFR Part 100-115 -- Prohibits discrimination in the sale or rent of units in the private housing market against any person on the basis of race, color, religion, sex, national origin. fam::ial status or handicap. 3) Equal Opportunity in Housing (Exec~ive Order 11063, As Amended by Executive Order 12259) and implementing reguations at 2L CFR Part 107 -- Prohibits discrimination in housing or residential property financing -elated to 3-:Y federally assisted activity against individuals on the basis of race, color, religion. sex or nationa origin. 4) Age DiscriminatiOr1 Act of 1975, As Amended (42 U.S.C. 6101) and its implementing regulations at 24 CFR Part 146 t- Prohibts age discri:nination in programs receiving federal financial assistance. 5) Equal Employment Opportunity, Executive Order 11246, As Amended and its implementing regulations at 41 CFR Part 60 -- Pro1ibits discrimination against any employee or applicant for employment because of race, color, religion, sex, or national origin. Provisions to effectuate this prohibition must be inclujed in all c:'lstruction contracts exceeding $10,000. (e) MBCDC agrees to comply with :1e require~ents of Section 3 of the Housing and Urban Development Act of 1968 (1!2 U.S.C 1701 u) -- ~equires that, to the greatest extent feasible, opportunities for training and ,employr.;ent arising from HOME will be provided to low-income persons residing in the program service area; and, t: the greatest extent feasible, contracts for work to be performed in connection with HO'\~E will be a'l'iarded to business concerns which are located in or owned by persons residi~g in the ;Jrogram service area. (f) MBCDC will ensure t~at all units in a projed assisted with HOME funds comply with the Lead Based Paint Poisoniri1g Prevention Act (42 U.S.C. 4821, et) and its implementing regulations at 24 CFR 35. (g) MBCDC agrees to cOr1lPly with t~e Federal Labor Standards Provisions, as described in HUD Handbook 1344-1 (Fe~eral LaC-or Standarjs Compliance in Housing and Community Development Programs) -- Applies to al: orojects wf:112 or more HOME-assisted units, regardless of whether HOME funds are Wised for construction or other costs. ARTICLE IX TERM OF AGREEMENT This Agreement shall become effective C'l October 1, 1999 and shall continue until September 30, 2000. ARTICLE X TERMINATION The City and MBCDC $gree that this Agreer:1ent may be terminated in whole or in part, for cause, (as defined in Article XXVI herein and in accordance with the provisions of 24 CFR Part 85.43) or for convenience (as defined in Article XXVII and in accordance with the provisions of 24 5 GFR, Part 85.44). A written noti!ficati~n shall be required at least thirty (30) days prior to the effective date of such termination, and slnall irdude the reason for the termination (if for cause), the effective date, and in the case of a partiial termination, the actual portion to be terminated. ARTICLE XI AMENDMENTS Any alterations, variatiCi)ns, modifications or waivers of this Agreement shall only be valid when they have been reduced to wrik1g and duly signed by both parties hereto. Any changes which do not substantially change the scope of the Agreement or increase the total amount payable under this Agreement, shall be valid only W1en reduced to writing and signed by the Gity Administration and MBGOG. ARTICLE XII CONFLICT OF INTEI~EST (a) MBGOC shall comply wih the standards contained in 24 CFR Part 92.356 which states that no owner, developer or sp~nsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, ceveloper or sponsor) whether private for profit or non-profit (including a CHOO when acting as an owner, developer or sponsor) may occupy a HOME-assisted affordable housing unit in a project. This provision does not apply to an owner-occupant of single- family housing or to an employ~e or a~ent of the owner or developer of a rental housing project who occupies a HOME assisted unit as the project manager or maintenance worker. Exceptions may be granted by the Gity in accordance with 24 GFR Part 92.356(f)(2). (b) MBCOC shall disclose any possible conflicts of interest or apparent improprieties of any party that is covered by the abcDve standards. MBCOC shall make such disclosure in writing to the City immediately upon MBGOa's dis:overy of such possible conflict. The City will then render an opinion which shall be binding!on all parties. (c) Related Parties. MBCDC shall report to the City the name. purpose, and any other relevant information in connection witn any related-party transaction. This includes, but is not limited to, a for-profit or nonprofit subsipiary or affiliate organization, an organization with overlapping Board of Oirectors, and an organizat!ion for which MBGOC is responsible for appointing memberships. MBCOG shall report this information ,0 the City upon forming the relationship or, if already formed, shall report it immediately. ARTICLE XIII INDEMNIFICATION AND INSURANCE MBCOC. through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liabilities, loss~s, and causes of action which may arise out of an act, omission, negligence or misconduct on the part of MBGOG or any of its agents, servants, employees, contractors, patrons, guests, dents, or invitees. MBGOG, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgements which may issue thereon. MBGOC, through an insurance carrier, shall provide a General Liability Policy with coverage 6 for Bodily Injury and P;-ope-:f De7T1age. in the amount of $500,000 per occurrence (the policy must include coverage for c:lntr~:tual liabil::y to cover the above indemnification); and the City of Miami Beach shall be named as anadditio1al insured followed by the statement: "This coverage is primary to all other coveragie carried by the City covering this specific agreement only." MBCDC shall h::lld proof 0: WorKers' Compensation Coverage as per statutory limits of the State of Florida. Autom08ile an::! ve~-:cle c:lver~~e shall be required when the use of automobiles and other vehicles are invJlved -in ar! way in tre performance of the Agreement. MBCDC shall subr<t to the C71 an ORIGINAL Certificate of Insurance. All insurance c:lver~ge shall be approved by the City's Risk Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall becor:1e nun and void, and the City shall have no obligation under the terms thereof unless a written extensrron of this thirty (30) day requirement is secured from the Risk Manager. ARTICLE XIV REPORTS (1) Progress Reports. MBCDC a;rees to submit monthly status reports which shall describe the progress maje by MBCDC in achieving each of the objectives identified in Scope of Services (Exhibit A). The ProgT'ess ~elPc~ shall be submitted no later than 10 days after the end of each month. It will be the respo1si~il.ity of MBCDC to notify the City in writing, of any actions, law, or event, that will impede or hi1der the su:cess of the activities contemplated by this Agreement. After such notification the GJty wi:: take wha:ever actions it deems appropriate to ensure the success of the program. (2) Annual Report_ MB:DC shall submit a cumulative status report (hereinafter referred to as Annual Report) which sha'l d~scribe the progress made by MBCDC in achieving each of the objectives identif.ed in the S:ope of Se:\'ices during the previous year. The Annual Report reporting period covers a tvJelve (12 mbnth pe:iod beginning October 1, 1999 and ending September 30, 2000, and shall be receive::: by t"le C;".:f by October 15, 2000. (3) Other reports as mailDe required by the City to demonstrate compliance with any of the terms of this Agreement. If the reqJired repoi.S described above are not submitted to the City or are not completed in the manner acceptable to i the Ci".:!, the City may withhold further payments until they are completed or may take any othet acti:m as the City may deem appropriate. ARTICLE XV AUDIT AND INSPECTIONS At any tir.1e during n::Jrmal business hours and as often as the City Administration and/or the comptroller of the United S:ates may deem necessary, there shall be made available to the City Administration and/or represemtatives of the comptroller to audit, examine and make audits of all 7 contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. If during the course of a monito;ing, the City determines that any payments made to MBCOC do not constitute an allowable expenditure, the City will have the right to deduct/reduce those amounts from their related invoices. MaCOC must maintain records necessary to document compliance with the provisions of this Agreement. ARTICLE XVI COMPLIANCE WITH LOCAL. STATE AND FEDERAL REGULATIONS MBCDC agrees to comply with all applicable Federal regulations as they ~ay apply to program administration. Additionally, MBCOC will comply with all State and local laws and ordinances hereto applicable. ARTICLE XVII ADDITIONAL CONDITIONS (a) It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of Federal HOME Investment Partnerships Program funds and must comply with all applicable HUD rules and regulations. It is expressly understood and agreed that in the event of cur:ailment or nonproduction of said federal grant funds, that the financial sources necessary to continue to pay MBCDC compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determihed that said funds are no longer available. In the event of such determination, MBCDC agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. (b) Title and paragraph headings are for convenient reference and are not a part of this Agreement. (c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any ~ttlached document, the terms in this Agreement shall rule. (d) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the $ame or any other provision hereof, and no waiver shall be effective unless made in writing. ARTICLE XVIII ACCESS TO RECORDS MBCOC, agrees to allow access during normal business hours to all financial records to authorized Federal, State or City representatives and agrees to provide such assistance as may be necessary to facilitate financial audit by any of these representatives when deemed necessary to insure compliance with applicalble accounting and financial standards. MBCDC shall allow access during normal business hours to all other records, forms, files, and documents which have been 8 generated in performance of this A;jreement. :0 those personnel as may be designated by the City. ARTICLE XIX SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid. the remainder of this Agreement shall not be affected thereby if SUc.1 rem~inder would then continue to conform to the terms and requirements of applicable law. ARTICLE XX PROJECT PUBLICITY MBCDC agrees that arw news release or other type of publicity pertaining to the project as stated herein must recognize tthe City as the recipient funded by the United States Department of Housing and Urban Developnjlent administered by the Economic and Community Development Division of the Development, Design and Historic Preservation Department and the entity which provided funds for the Project. ARTICLE XXI DRUG-FREE WORKPLACE MBCDC agrees to administer, in gooo faith, a policy to ensure that it complies with the Drug- Free Workplace Act requirements under 2L CFR Part 24, Subpart F, and will ensure that the workplace is free from the unlawfJI manufa:ture, distribution, dispensing, possession or use of drugs or alcohol. ARTICLE XXII NONDELEGABLE MBCDC agrees that tthe o::,ligations undertaken pursuant to this Agreement shall not be delegated or assigned to any dther person or firm unless the City shall first consent in writing to the performance or assignment of suc;, service or any part thereof by another person or firm. ARTICLE XXIII SUCCESSORS AND ASSIGNS MBCDC agrees that tljlis Agreement shall be' binding upon the parties herein, their heirs, executors, legal representativl=s, successors, and assigns. ARTICLE XXIV INDEPENDENT CONTRACTOR MBCDC and its emplo)Vees and agents shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance~ of the City, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the City. 9 ARTICLE XXV ASSIGNMENT This Agreement may not be assigned or transferred by MBCDC with:)ut the prior written consent of the City thereto. It snail be deemed a default of this Agreement in the event that MBCDC does not strictly comply with the procedures established herein for obtain;ng City consent to assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, in the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreement, and resort to its rights and remedies against the defaulting party. In the event MBCDC transfers an interest of more than one (1 %) percent ownership in its stock by pledge. sale. or otherwise; or if MBCDC makes an assignment for the benefit of its creditors, or uses this Agreement as security or collateral for any loan; or if MBCDC is involved in any bulk transfer of its business or assets, then in that event each of the foregoing actions shall also be deemed an assignment of this Agreement and shall require the City's prior written consent. A merger, dissolution, consolidation, conversion, liquidation or appointment of a receivership for MBCDC, shall be deemed an assignment of this Agreement and will require the prior written consent of the City thereto. ARTICLE XXVI TERMINATION FOR CAUSE The City may place MBCDC in default of this Agreement and may suspend or terminate this Agreement, in whole or in part, for cause, as prescribed in Article X herein. "Cause" shall include the following: (a) MBCDC's failure to comply and/or perform in accordance with a:lY of the terms and conditions of thiis Agreement, or any Federal, State or local re';lUlation. (b) MBCDC's failure to maintain the insurance required by the City. (c) Submitting any required report to the City which is late, incorrect, or incomplete in any material re$pect after notice and reasonable opportunity to Gure. as set forth in subparagraph ~h) hereof, has been given by the City to MBCDC. (d) Implementation of this Agreement, for any reason is rendered impossible or infeasible. ., (e) Failure to respond in writing within thirty (30) days of notice of same from City to any concems raise~ by the City, including providing substantiating d:)cumentation when requested by ttne City; (f) Any evidence of fraud, waste or mismanagement as determined by the City's monitoring of project(s) under this Agreement, or any violation of applicable HUD rules and regul~tions; (g) MBCDC's insolivency or bankruptcy; (h) An assignment 'or transfer of this Agreement or any interest the:-ein which does not comply with the procedures set forth in Article XXV herein; 10 (i) Failure to cor-ply and/or perform in a::cordance with the affordability requirements, and/or an unauthorized tra~sfer of title to it's HOME Projects. U) Failure to corT.ply and/or perform in accordance the affordability requirements, and/or an unal..ihorized transfer of title of its HOME projects. If the default complair,ed of is not fully and satisfactorily cured within thirty (30) days of receipt of such notice of defauti to MBCDC, at the expirajon of said thirty (30) day period (or such additional period of time, as p$:mitted by the City, in its sole discretion, as required to cure such default in the event MBCDC is piligently pursuing curative efforts) this Agreement may, at the City's sole option and discretion. be deemed automatically ca:lceled and terminated, and the City fully discharged from any and all liabilities. duties and terms a:-ising out of, or accruing by virtue of the Agreement. In the event of a c~fault for cause, the City r:lay, at its option, avail itself of any and all remedies pursuant to 24 CFR !Part 85.43, as amended from time to time, including suspension, in whole or in part, of MBCDC's Runds. as set forth herein, and any other remedies that may legally available. ARTICLE XXVII llERMINATION FOR CONVENIENCE Notwithstanding Article:XXVl above, MBCDC herein consents that the City may terminate this Agreement, in whole or inlpart, for convenience, as set forth in 24 CFR Part 85.44. ARTICLE XXVIII ADDITIONAL REMEDIES In the event of a defaul~ and termination for caus,~. the City shall be entitled to bring any and all legal and/or equitable actions which it deems to be in r:s best interest, in Dade County, Florida, in order to enforce the City's rfJhts and remedies against the defaulting party. The City shall be entitled to recover all costs of, such actions, including reasonable attorney's fees. To the extent allowed by law, the defaulting: party waives its right to j'..Jry trial and its right to bring permissive counterclaims against the City in any such action. ARTICLE XXIX MAlNT~NANCE AND RETENTION OF RECORDS MBCDC agrees that iHo/ill maintain all records re~quired pursuant to 24 CFR Part 92.508, in an orderly fashion in a readily $lccessible, permanent and secured location, and that it will prepare and submit all reports necessary to assist the City in meeting record keeping and reporting requirements thereunder. (1) Records shall be main~ained for a period of five (5) years after the closeout of funds under this Agreement except as pro~'ided herein (2), (3) and (4). (2) If any litigation, claim, rilegotiation, audit or other action has been started before the regular expiration date, the records rtust be retained until completion of the action and resolution of all issues which arise from it, or urbl the end of the regular period specified in paragraph (1), whichever is later. 11 (3) Records regarding project requirements that apply for the duration of the period of affordability, as well as the Vyritten agreement and inspection and monitoring reports must be retained for five (5) years after the period of affordability terminates. (4) Records covering displacements and acquisition must be retained for at least five (5) years after the date by which the pertsons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. ARTICLE XXX LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any caus$ of action for money damages due to an alleged breach by the City of this Agreement, so that its !liability for any such breach never exceeds the sum of $73,500.00. MBCOC hereby expresses its Willingness to enter into this Agreement with MBCDC's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $73,500.00. Accordingly, arid notwithstanding any other term or condition of this Agreement, MBCDC hereby agrees that ~he City shall not be liable to MBCDC for damages in an amount in excess of $73,500.00, for any,action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the Crty by this Agreement. Nothing contained in this paragraph or elsewh~re in this Agreement is in any way intended to be a waiver of the limitation placed upon the Cit~'s liability as set forth in Florida Statutes, Section 768.28. ARTICLE XXXI VENUE This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party wit~ respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall be in Dade County, Florida. ARTICLE XXXII ADDITlpNAL CONDITIONS AND COMPENSATION It is expressly understcj>od and agreed by the parties hereto that monies contemplated by this Agreement to be used for the!compensation, originated from grants of federal HOME Investment Partnerships Program fund~, and must be implemented with all of the applicable rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed that in the event cl>f curtailment or non-production of said federal grant funds. that the financial sources necessary t<1> continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time it is determined that said funds are no longer available. In the event of such determination, MBCOC agrees that it will not look to, nor seek to hold liable, the City or!any individual member of the City Commission thereof, personally for the performance of this Agreement and all parties hereto shall be released from further liability each to the other under the terms bf this Agreement. 12 ARTICLE XXXIII ~CCESSIBILlTY LAWS COMPLIANCE MBCDC agrees to a<jlhere to and be governed by the following accessibility requirements: a) Architectural Barri~rs Act of 1968, As Amended (42 U..S.C.4151) and its implementing regulations at 35 CFR Part n07 -- States that public (i.e., those intended to be accessible to the general public) buildings an~ conveyances financed with federal funds are designed, constructed, or altered to provide accessIbility to the physically handicapped. b) Section 504 of th~ Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part $ -- Prohibits discrimination in federally assisted programs on the basis of handicap and imposes re~uirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive federal funds. c) Title VIII ofthe Civil ~ights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115. MBCDC must complete andj submit the City's Disability Non-Discrimination Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit C. In the event MBCDC fails to execute the City's Affidavitl or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sarctions as it may determine to be appropriate, including but not limited to, withholding of payments tp MBCDC under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event the City cancels or terminates the Agreement pyrsuant to this Article, MBCDC shall not be relieved of liability to the City for damages sustained by t~e City by virtue of MBCDC's breach of the Agreement. ARTICLE XXXIV NOTICES All notices shall be s~nt to the parties at the following addresses, with copies to the Office of the City Attorney: . City: Christina M. Cuervo, Assistant City Manager ! City of Miami Beach .1700 Convention Center Drive i'Miami Beach, FL 33139 MBCDC: Denis Russ, President Miami Beach Community Development Corporation 1205 Drexel Avenue Miami Beach, FL 33139 or such address and to the attention of such other person as the City or MBCDC may from time to time designate by written notice to the other. 13 IN WITNESS WHER~OF. the parties hereto have caused this Agreement to be executed by their duly authorized offidals on the day and date first above indicated. ATTEST~ ~h J - MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, a Florida not-for-profit corporation Secretary //~' /~/ /( .~~~- Authorized Signatory Printed Name and Title of Authorized Signatory ATT~~ ~(v\~ City Clerk CITY OF MIAMI BEACH rida Municipal corporation f: bs: M BCDC: 99chdoop, agr Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1Jt!J:lk.f-- fl&;!rl EXHIBIT A SCOPE OF SERVICES Miami Beach Corpmunity Development Corporation Scope of Services Maintain eligibility of Miami B~ach Community Development Corporation as a qualifying Community Housing Development Orgamization [CHDO] Elicit input from the commu~ity, particularly from low-income program beneficiaries, in decisions regarding design, siting, dev~lopment and management of affordable housing projects Undertake the development ~f affordable housing strategies and programs Identify additional funding r~sources available to implement housing initiatives, including grant resources, mortgages, and other funding Plan and develop affordable !housing initiatives, including rental housing and ownership housing for low income home buyers, low-income households and persons with special needs Continue the implementation of the following specific initiatives: Scattered-site home bwnership program Scattered site rental program Operation and co-m~nagement of the Madison Apartments 17 units Ilowt and very low-income households Operation and co-m~nagement of the Jefferson Apartments 27 units Ilow+ and very low-income elderly households Rehabilitation and m~nagement of the Fernwood Apartments 18 units Ilowiand very low income householdsl persons disabled with HIV/AIDS Rehabilitation and mjslnagement of the Crespi Park Apartments 16 units Ilowl and very low income households Future housing dev$lopment initiatives which are owned, sponsored or developed by MBCDC . EXHIBIT B BUDGET .'. Miami Beach ,Community Development Corporatior, Operating Grant Budgets October 1, 1999 to Seplember 30. 2000 REVENUE Prese~"ation and Rehabilitalion SeBe !rJeighborhood improvement Home pwnership AcqUisition Home pwnership Disposition Housijg Counselling MlJ~i-Fflmily Rehab HOMEi GliDO Support RAIN !\I1others Assist - CDBG RAIN tVlothers AssIst. - ESGP eMB !Grant Income Oiher! Grant Income HUD Housing Counselling Metro ~DBG-Housmg Total bther Grant Income MBDC !General Fund TOTA~ GRANT INCOME EXPENDITURES Salarie$ Executi~e Director Housin~ Coordinator Housln~ Project Director Housing PrOject Coordinator Housing Specialist Housln$ Specialist CommejrclalfEconomic Revitalization Director Comm~rcial/Economic Revitalization Specialist MIS CFO/Fi~anciai Management Director Office rf1anager Secretary/ReceptIOnist Secretarr/Clencal JanJtori~1 i/! Salar/l[lcreases T otal S~laries Total Direct Salaries Aiiocation Basis AllocatiJt,g Percentage F nnge E}enefits Federal iPayrol! Tax Unemp!pyment Tax VlJorkm~ns' Compensation Health Insurance Other Fflnge Benefits Totai Fdnge Benefits Total Pf.lrsonnel Costs Contract Costs Audit Total CQmract Costs Space ~er.tal Off1ce Space Rental Total R~ntal Expense HOUSiNG CHDO OPTG o o o o o o (73500) o o (73.500) o o o o (73.500) '2524 3,373 12,593 4.400 o 4200 o o 4.161 6,373 2.747 1988 2.231 574 3,702 58,864 31.035 1275% 4.503 622 748 3,977 1816 11,667 70,531 2.231 2.231 10.834 10,834 8/26/99 (08/26/1999) Version C6 Occu~ancy Costs Utiiitie1'i Janito~la! Supplies and Water Office IEquipment Repairs and Maintenance Total Occupancy Costs Office ~xpense Office Supplies Postag~ and Deli....ery Comm~nlcations Miscellaneous Photography & Adv T eleph~ne and Long Distance Service !nsurarice Total Ortice Expense Other Oosts Membership and Dues Publir;a~ions_and SubscnPtlT - T ctal O~her Costs TJHf\qSERVICE DELIVERY COSTS Other Direct Costs Preserv~ti()n & Rehabilitation Costs Preserv~tion 8. RehabiHt"don Costs -Seymour Hotel Streetsc~pe Improvements RAIN A4tivlties T atal Otller Direct Costs TOTAL CRANT EXPENSES NET GRANT INCOME' Earned Income Dade Cafnm!lnity Foundation/USe SHIP/Suhax Earned Income Rental P~operties Earned Income Crespi Hpusing Development Income Fernwoo~ Housing Development Income SeymouriOevelopment Income UNIDAD iAccounting Services RAIN Ac~ountjng Services Shelbour~e Accounting Services JeffersonrMadison Accounting Services Other Inc~me Total E"med Income Earned ilncome Direct Expenses .t\ccountart 1 Accountapt 2 Fringe Benefits Tra....el Seminars and Conferences Local T raljJsportation MBDC M~et;n9 Costs Total E~rned Income Direct Expenses Net Earrjed Income NET IN~OME HOUSING CHDO OPTG 1,147 229 2,549 510 4,436 3.696 1,275 1,275 1A66 1,147 8.858 548 --382 -. 930 97,821 o o o o '0 9'7821 (24,321) , (5736) (7,010) (1,275) (3.187) (1.275) (3.187) o o o o (4,437) (26,105) o o o 510 510 765 1.784 24,321 o I I ~(26/99 (08/26/1999) 'j " 'X Version C6 08/26/1999 11:29 3055382 63 Other Project Income/Costs Horne OwnershipSHIP Grant Home Ownership HOME Grant Home Ownership Surtax Grant Home Ownership Bank Mortgages FernY! ,'0 HUD 811 Grant FernV', ad HOME Grant Fernw ad HOPWA Grant Seym ur Project Preser allan & Rehab Property Owner Matching Funds Multi. ami!y Project HOME Grant Multl-F mlly Project State Loan Mu~i-F rni!y Project Other Sources Total ther Project Funding Total roject Funding/Costs HOtJ~!tJ'G CHDO OPTG o 97,821 PAGE 04 ~/26/99 (08/26/1999) i I" ~j "', " .. '" '" '., .. Version C6 "', "\ EXHIBIT C CERTIFICATIONS ACKNOWLEDGE ENT OF DISABILITY NONDI CRIMINA TI N AFFIDAVIT CONTRACT REFERENCE H ME Fiscal Year 1999/2000 NAME OF FIRM, CORPORA T ON, OR ORGANIZATION _.-U I a m ; AUTHORIZED AGENT COM LET1NG AFFIDAVIT ):Y-" f\-' S ~~C h Co "",""-O(L, kt- oe 0, Lu rp A. ~U~~ I, ben -.. oS , being duly first sworn state: That the above named form, c rporation or organization is in compliance with and agrees to continue to comply with, and assure that a y subcontractor, or third party contractor under this project complies with all applicable requirements oft e laws listed below including, but not limited to, those provisions pertaining to employment, provision of p ograms and services, transportation, communications, access to facilities, renovations, and new construct on. .PHONE NUMBER fY)'6' 6.3 g ~ Do 90 POSITION The Americans with Disa ilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101- 12213 and 547 U.S.C. Se tions 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III, Public Ac ommodations and Services Operated by Private Entities; Title IV, Telecommunications; an Title V, Miscellaneous Provisions. The Rehabilitation Act 0 1973: 29 U.S.c. Section 794. , The Federal Transit Act, as amended: 49 U.S.c. Section 1612. / / The Fair Housing Act as amended: 42 U.S.c. Section 3601-3631. // ,/.~. 4:. ,/' J,/ .> l h ,. /., ~...,. SUBSCRIBED AND SWOR TO (or affirmed) before me: on C\ - dLI - C1 ~ Date S i-.P'f M OLo1. ..l,. 1 (Date) l <1't ~ by He/She is personally known to me or has as identification. (Type of identification) C c..l\.l <;)7 (Serial Number) ~ L~,'1 U f'\tWj l 't ::t.O 0 1- J (Expiration Date) Notary Public (State) Notary Seal The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit this Affid vit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file wit the City of Miami Beach. Page 1 of 1 CERTIFICATION R GARDING DRUG-FREE WORKPLACE REOUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Firm, Corporation r Organization: L\ 10...('(\ \ Ibco{' h GomrnL-{ (/ l-\<' 1 'be 0 . Cc, (P' The Organization shall insert i the space provided below the site(s) expected to be used for the performance of work under the project cov red by the certification: ~et("('l S \ -\("'~ . . Dl-.U0t'( ~h : p Grant Program Name: INVESTMENT PAR' RSHIPS PROGRAM Name of Project: Place of Performance (includ street address, city, county, state, zip code for each site): \'2_-~)5 \::J(ev \ A.\/t'nue- \CCY,\ ~eo '--=+-\'3 3 l:~ ('1 CCy-",){'1 R ORGANIZATION ~\~ A, eu ~'S .-=?resIJen+ Print Name and Title of Auth rized Signator q- 9-L\ -~ ~ Date Page I of 1