2000-24110 RESO
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RESOLUTION NO. 2000-24110
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY 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 SIX HUNDRED DOLLARS ($73,600),
FROM THE CITY'S FISCAL YEAR 2000/2001 ALLOCATION
OF HOME PROGRAM FUNDS FOR ELIGIBLE
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
OPERATING EXPENSES IN FISCAL YEAR 2000/2001.
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 ofa
CHDO; and
WHEREAS, on July 12,2000, the Mayor and City Commission adopted Resolution No.
2000-23997 approving the Fiscal Year 2000/2001 One-Year Action Plan for Federal funds, including
the Fiscal Year 200012001 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 RESOLVED 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 Six Hundred Dollars ($73,600), from the City's Fiscal Year 2000/2001
allocation of HOME Program funds for eligible Community Housing Development Organization
operating expenses in Fiscal Year 2000/2001.
PASSED AND ADOPTED THIS 18TH DAY OF OCTOBER, 2000
ATTEST:
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ROBERT PARCHER, CITY CLERK
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MAYOR
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APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM Nol G::,S -DO
SUBJECT:
Mayor Neisen O. Kasdin and DATE: October 18, 2000
Members of the City Commission
Jorge M. Gonzalez \ .\~
City Manager 0 rr ()
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY 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 SIX HUNDRED
DOLLARS ($73,600), FROM THE CITY'S FISCAL YEAR 2000/2001
ALLOCATION OF HOME PROGRAM FUNDS FOR ELIGIBLE
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING
EXPENSES IN FISCAL YEAR 2000/2001.
TO:
FROM:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The HOME Investment Partnerships (HOME) Program requires the City, in its capacity as a
participating jurisdiction, to reserve at least I5 percent of its annual allocation for a particular type
of not-for-profit called a Community 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 12,2000, the Mayor and City Commission adopted Resolution No, 2000-23997, which
approved the City's One-Year Action Plan for Federal Funds for fiscal year 2000/2001. 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.
The One-Year Action Plan for fiscal year 2000/2001 allocates HOME Program funds in the amount
of $73,600 (or five percent of the City's annual HOME Program allocation of $1,472,000) 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
F:\DOHNALL\MlGUELLlOOCHD05%.MEM
AGENDA ITEM C I e.
DATE_I'D-l g-aa
October 18, 2000
Commission Memorandum
CHDO Operating Funds
Page 2
receiving the annual allocation, In order to commit the HOME Program funds, it is necessary to
execute a contractual agreement with MBCDC. The attached HOME Program agreement satisfies
the commitment requirement.
The CHDO operating funds will be utilized by MBCDC as follows:
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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 developing housing initiatives, including rental housing and ownership housing
for first-time home buyers, income-eligible families, and persons with special needs; and
continuing the implementation of the following specific HOME Program initiatives:
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Scattered Site Home Ownership Program: During fiscal year 2000/2001, HOME Program
deferred payment loans 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 Surtax program. MBCDC serves as a CHDO developer in this program
by entering into a purchase 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 units: MBCDC will continue its responsibilities as the CHDO owner
offour scattered-site condominium 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 Avenue
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 Apartments: MBCDC closed on this property July I999. 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 HlV/AIDS,
MBCDC is the owner and developer of this project.
The Crespi Park Apartments: MBCDC closed on this property July 1999. The Crespi Park
Apartments consists of three adjacent buildings in the North Beach area, 7900-7920 Crespi
Boulevard and 1011 and 1023 79th Street. The buildings are being rehabilitated to provide
sixteen units of rental housing. MBCDC is the owner and developer of this project.
F:\DDHNALL\MtQUELLIOOCIiD05%.MEM
October 18, 2000
Commission Memorandum
CHDO Operating Funds
Page 3
The Madison Apartments: 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 Housing Authority of the City of Miami Beach.
The Sabrina Apartments: MBCDC closed on this property in July, 2000. The Sabrina
Apartments consists a 20 unit building in the South Beach area, 1551 Pennsylvania Avenue.
The building is to be rehabilitated to provide 20 units of rental housing. MBCDC is the
owner and developer of this project.
The Knightsbridge Condominium: MBCDC closed on this property in June, 2000. MBCDC
acquired eight condominium units at the Knightsbridge Condominium, 7133 East Bay Drive
which are being rehabilitated and will be rented to elderly tenants. MBCDC is the owner and
developer of this project.
Other Initiatives: Utilization of CHDO set aside funds for future projects to be owned,
sponsored or developed by MBCDC.
The Administration recommends that the Mayor and City Commission adopt a Resolution
authorizing the Mayor and City 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 Six Hundred dollars ($73,600), from the City's fiscal year
2000/2001 allocation of HOME Program funds for eligible Community Housing Development
Organization operating expenses in fiscal year 2000/2001.
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HOME PROGRAM AGREEMENT
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THIS AGREEMENT, entered into this jE2 day oft:>..,;!- ,2000 by and between the CITY OF MIAMI
BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive,
Miami Beach, Florida, (hereinafter referred to as the City), and the MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION, 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 participating 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 for the purpose of conducting
an affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No,
93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified
Community Housing Development Organization (CHDO) under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through the fiscal year 2000/2001 One-Year Action Plan for Federal funds, adopted by
Resolution No, 2000-23997 on July 12, 2000; and
WHEREAS, MBCDC warrants and represents that it possesses the legal authority to enter
into this Agreement, by way of a 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
person identified as the official representative of MBCDC to act in connection with this Agreement
and to provide such additional 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 acknowledged and agreed that this Agreement is entered into in compliance by the
parties with all applicable provisions of Federal, State and local laws, statutes, rules and regulations,
NOW, THEREFORE, in 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.
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(c) CHDO: Community Housing Development 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: Reasonable and necessary costs for the operation of the
CHDO, Such expenses include salaries, wages, and other employee compensation and benefits;
employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; and
equipment, materials and supplies, Operating expense funds may not be used to pay operating
expenses incurred by a CHDO 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 otherwise 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 Seventy-Three Thousand Six Hundred Dollars ($73,600)
(Funds), from its fiscal year 2000/2001 HOME allocation to MBCDC to be used for eligible operating
expenses relative to CHDO activities in accordance with the Scope of Services (Exhibit A) and
Operating Budget (Exhibit B) attached hereto, The Funds will be used solely to pay reasonable and
necessary costs for the operation of MBCDC acting in its capacity as a CHDO under the HOME
Program during the period October 1, 2000 through September 30, 2001; any remaining balance
of Funds shall revert to the City,
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
In accordance with the HOME Final Rule as amended at ~92,300 (a) (2), MBCDC may retain
the proceeds resulting from the CHDO's investment of its CHDO set aside funds for use in other
housing activities which benefit low-income families, However, any recapture of HOME funds for
housing not meeting the affordability requirements of 24 CFR ~92,254 (a) (5) (ii), will be considered
program income and will be repaid in accordance with the requirements of 24 CFR ~92,503,
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS
PROVIDED 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 amended:
(a) It will enter into a written Agreement with the City reserving fiscal year 2000/2001 CHDO
set aside funds within 24 months from the end of the month in which HUD signs the fiscal year
2000/2001 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 require commitment of CHDO set aside funds within a time period that is
in the best interest of the City in order to avoid recapture of set aside funds,
(b) It will maintain a financial management system that conforms to the financial
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accountability standards of 24 CFR 84,21, "Standards for Financial Management Systems,"
(c) Affirmative MarketinQ, MBCOC agrees to adopt and implement affirmative marketing
procedures for rental and home buyer projects containing five or more HOME-assisted housing units
as set forth in 24 CFR 92,351 and to maintain records of its affirmative marketing activities in
accordance with the record keeping requirements of 24 CFR 92,508 (a)(7)(ii),
(d) CHOO Caoabilities, MBCOC as a CHOO agrees to either develop, sponsor or own the
HOME projects funded with set aside funds and in any of these capacities it must have effective
management control.
(e) ChanQe in Status: MBCOC agrees to advise the City in writing within thirty (30) days,
of any organizational, operational, or legal status changes made by MBCOC that affect documents
that were submitted by MBCOC to obtain CHOO status,
(f) Property Standards: MBCOC agrees to comply with the property standards requirements
as set forth in 24 CFR 992,251,
ARTICLE V
ELIGIBLE COSTS
MBCOC agrees that eligible operating expenses under this Agreement are limited to those
eligible costs for operating expenses as outlined in 24 CFR 992,208 of the HOME Program
regulations and as defined herein Article I.
ARTICLE VI
METHOD OF PAYMENT
MBCOC shall be paid as described below:
(1) MBCOC shall be paid for eligible costs, permitted under the Scope of Services based on
actual costs, with supportive documentation for expenses that are considered reasonable and
necessary and approved by MBCOC's authorized representative, MBCOC shall be paid only for
those expenditures contained within Exhibit B, Budget to this Agreement. Budget line item transfers
must have prior written approval of the City, Documentation shall include, but not be limited to, the
following:
a, Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement.
b, A system of allocation that will assure reliable cost measurements and customary service
delivery costs.
c. Time sheets for split-funded employees, who work on more than one activity, in order to
record the HOME activity delivery cost by project and the non-HOME related charges,
(2) Requests for payment shall be assembled by calendar month and received by the City no
later than the 10th day of the succeeding month, Failure to comply may result in rejection of
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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 reports 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 none 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 Business Enterprise and 12138 Women's Business Enterprise which
encourage the use of minority and women's business enterprises, to the maximum extent possible,
in connection with HOME-funded activities,
(c) MBCDC agrees to comply with the Displacement, Relocation, and Acquisition requirements
in accordance with the Unifonn 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
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race, color, or national origin, Its implementing regulations may be found in 28 GFR Part 1,
(2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42
U,S.G, 3601) and its implementing regulations at 24 GFR Part 100-115 -- Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the basis of race,
color, religion, sex, national origin, familial status or handicap,
3) Equal Opportunity in Housing (Executive Order 11063, As Amended by Executive
Order 12259) and implementing regulations at 24 GFR Part 107 -- Prohibits discrimination in
housing or residential property financing related to any federally assisted activity against individuals
on the basis of race, color, religion, sex or national origin,
4) Age Discrimination Act of 1975, As Amended (42 U,S.C, 6101) and its implementing
regulations at 24 CFR Part 146 -- Prohibits age discrimination in programs receiving federal financial
assistance.
5) Equal Employment Opportunity, Executive Order 11246, As Amended and its
implementing regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin, Provisions to
effectuate this prohibition must be included in all construction contracts exceeding $10,000,
(e) MBGDG agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 U,S,C, 1701u) -- Requires that, to the greatest extent feasible,
opportunities for training and employment arising from HOME will be provided to low-income
persons residing in the program service area; and, to the greatest extent feasible, contracts for work
to be performed in connection with HOME will be awarded to business concerns which are located
in or owned by persons residing in the program service area,
(f) MBGDC will ensure that all units in a project assisted with HOME funds comply with the
Lead Based Paint Poisoning Prevention Act (42 U,S,C, 4821, et) and its implementing
regulations at 24 GFR 35,
(g) MBGDG agrees to comply with the Federal Labor Standards Provisions, as described in
HUD Handbook 1344-1 (Federal Labor Standards Gompliance in Housing and Community
Development Programs) -- Applies to all projects with 12 or more HOME-assisted units, regardless
of whether HOME funds are used for construction or other costs,
ARTICLE IX
TERM OF AGREEMENT
This Agreement shall become effective on October 1, 2000 and shall continue until
September 30, 2001,
ARTICLE X
TERMINATION
The Gity and MBGDG agree that this Agreement 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
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CFR, Part 85,44). A written notification shall be required at least thirty (30) days prior to the effective
date of such termination, and shall include the reason for the termination (if for cause), the effective
date, and in the case of a partial termination, the actual portion to be terminated,
ARTICLE XI
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid
when they have been reduced to writing 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 when reduced to writing and signed by the City Administration
and MBCDC,
ARTICLE XII
CONFLICT OF INTEREST
(a) MBCDC shall comply with the standards contained in 24 CFR Part 92,356 which states
that no owner, developer or sponsor of a project assisted with HOME funds (or officer, employee,
agent or consultant of the owner, developer or sponsor) whether private for profit or non-profit
(including a CHDO when acting as an owner, developer or sponsor) may occupy 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 employee or agent of the owner or developer of a rental housing project who
occupies a HOME assisted unit as the project manager or maintenance worker. Exceptions may
be granted by the City in accordance with 24 CFR Part 92,356(f)(2),
(b) MBCDC shall disclose any possible conflicts of interest or apparent improprieties of any
party that is covered by the above standards, MBCDC shall make such disclosure in writing to the
City immediately upon MBCDC's discovery of such possible conflict. The City will then render an
opinion which shall be binding on all parties,
(c) Related Parties, MBCDC shall report to the City the name, purpose, and any other
relevant information in connection with any related-party transaction, This includes, but is not limited
to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with overlapping Board
of Directors, and an organization for which MBCDC is responsible for appointing memberships,
MBCDC shall report this information to the City upon forming the relationship or, if already formed,
shall report it immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
MBCDC, through an insurance carrier, shall indemnify and hold harmless the City from any
and all claims, liabilities, losses, and causes of action which may arise out of an act, omission,
negligence or misconduct on the part of MBCDC or any of its agents, servants, employees,
contractors, patrons, guests, clients, or invitees, MBCDC, 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.
MBCDC, through an insurance carrier, shall provide a General Liability Policy with coverage
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for Bodily Injury and Property Damage, in the amount of $500,000 per occurrence (the policy must
include coverage for contractual liability to cover the above indemnification); and the City of Miami
Beach shall be named as an additional insured followed by the statement: "This coverage is
primary to all other coverage carried by the City covering this specific agreement only."
MBCDC shall hold proof of Workers' Compensation Coverage as per statutory limits of the State
of Florida,
Automobile and vehicle coverage shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement.
MBCDC shall submit to the City an ORIGINAL Certificate of Insurance,
All insurance coverage shall be approved by the City's Risk Manager prior to the release
of any funds under this Agreement. Further, in the event evidence of such insurance is not
forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement,
this Agreement shall become null and void, and the City shall have no obligation under the terms
thereof unless a written extension of this thirty (30) day requirement is secured from the Risk
Manager,
ARTICLE XIV
REPORTS
(1) Proaress Reports, MBCDC agrees to submit monthlv status reports which shall describe
the progress made by MBCDC in achieving each of the objectives identified in Scope of Services
(Exhibit A), The Progress Report shall be submitted no later than 10 days after the end of each
month, It will be the responsibility of MBCDC to notify the City in writing, of any actions, law, or
event, that will impede or hinder the success of the activities contemplated by this Agreement. After
such notification the City will take whatever actions it deems appropriate to ensure the success of
the program.
(2) Annual Reoort, MBCDC shall submit a cumulative status report (hereinafter referred to as
Annual Report) which shall describe the progress made by MBCDC in achieving each of the
objectives identified in the Scope of Services during the previous year. The Annual Report reporting
period covers a twelve (12) month period beginning October 1,2000 and ending September 30,
2001, and shall be received by the City by October 15, 2001,
(3) Other reports as may be required by the City to demonstrate compliance with any of the
terms of this Agreement.
If the required reports described above are not submitted to the City or are not completed
in the manner acceptable to the City, the City may withhold further payments until they are
completed or may take any other action as the City may deem appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City Administration and/or the
comptroller of the United States may deem necessary, there shall be made available to the City
Administration and/or representatives of the comptroller to audit, examine and make audits of all
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contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other
data relating to all matters covered by this Agreement. If during the course of a monitoring, the City
determines that any payments made to MBCDC do not constitute an allowable expenditure, the City
will have the right to deduct/reduce those amounts from their related invoices, MBCDC 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 may apply to
program administration, Additionally, MBCDC 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 curtailment 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 determined 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 attached 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 same or any other provision hereof, and no waiver shall be effective
unless made in writing,
ARTICLE XVIII
ACCESS TO RECORDS
MBCDC, 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 applicable accounting and financial standards. MBCDC shall allow access
during normal business hours to all other records, forms, files, and documents which have been
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generated in performance of this Agreement, to 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 such remainder would then continue to conform to the terms and requirements
of applicable law,
ARTICLE XX
PROJECT PUBLICITY
MBCDC agrees that any news release or other type of publicity pertaining to the project as
stated herein must recognize the City as the recipient funded by the United States Department of
Housing and Urban Development 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 good faith, a policy to ensure that it complies with the Drug-
Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the
workplace is free from the unlawful manufacture, distribution, dispensing, possession or use of
drugs or alcohol.
ARTICLE XXII
NONDELEGABLE
MBCDC agrees that the obligations undertaken pursuant to this Agreement shall not be
delegated or assigned to any other person or firm unless the City shall first consent in writing to the
performance or assignment of such service or any part thereof by another person or firm,
ARTICLE XXIII
SUCCESSORS AND ASSIGNS
MBCDC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns,
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBCDC and its employees and agents shall be deemed to be independent contractors and
not agents or employees of the City, and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the City, or any rights generally afforded classified or unclassified
employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation
benefits as an employee of the City,
9
ARTICLE XXV
ASSIGNMENT
This Agreement may not be assigned or transferred by MBCDC without the prior written
consent ofthe City thereto, It shall be deemed a default of this Agreement in the event that MBCDC
does not strictly comply with the procedures established herein for obtaining 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 any of the terms and
conditions of this Agreement, or any Federal, State or local regulation,
(b) MBCDC's failure to maintain the insurance required by the City,
(c) Submitting any required report to the City which is late, incorrect, or incomplete in
any material respect after notice and reasonable opportunity to cure, as set forth in
subparagraph (e) hereof, has been given by the City to MBCDC,
(d) Implementation of this Agreement, for any reason is rendered impossible or
infeasible,
(e) Failure to respond in writing within thirty (30) days of notice of same from City to any
concerns raised by the City, including providing substantiating documentation when
requested by the City;
(f) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of project(s) under this Agreement, or any violation of applicable HUD
rules and regulations;
(g) MBCDC's insolvency or bankruptcy;
(h) An assignment or transfer of this Agreement or any interest therein which does not
comply with the procedures set forth in Article XXV herein;
10
(i) Failure to comply and/or perform in accordance with the affordability
requirements, and/or an unauthorized transfer of title to it's HOME Projects,
If the default complained of is not fully and satisfactorily cured within thirty (30) days of
receipt of such notice of default to MBCDC, at the expiration of said thirty (30) day period (or such
additional period of time, as permitted by the City, in its sole discretion, as required to cure such
default in the event MBCDC is diligently pursuing curative efforts) this Agreement may, at the City's
sole option and discretion, be deemed automatically canceled and terminated, and the City fully
discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue of the
Agreement. In the event of a default for cause, the City may, 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 Funds, as set forth herein, and any other remedies that may be legally
available.
ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI above, MBCDC herein consents that the City may terminate
this Agreement, in whole or in part, for convenience, as set forth in 24 CFR Part 85.44,
ARTICLE XXVIII
ADDITIONAL REMEDIES
In the event of a default and termination for cause, the City shall be entitled to bring any and
all legal and/or equitable actions which it deems to be in its best interest, in Dade County, Florida,
in order to enforce the City's rights and remedies against the defaulting party, The City shall be
entitled to recover all costs of such actions, including reasonable attorney's fees, To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action,
ARTICLE XXIX
MAINTENANCE AND RETENTION OF RECORDS
MBCDC agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in
an orderly fashion in a readily accessible, 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 maintained for a period of five (5) years after the closeout of funds under
this Agreement except as provided herein (2), (3) and (4),
(2) If any litigation, claim, negotiation, audit or other action has been started before the regular
expiration date, the records must be retained until completion of the action and resolution of all
issues which arise from it, or until the end of the regular period specified in paragraph (1), whichever
is later,
(3) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
11
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 persons 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 cause of action for money damages due to an alleged breach by the City
of this Agreement, so that its liability for any such breach never exceeds the sum of $73,600,00,
MBCDC hereby expresses its willingness to enter into this Agreement with MBCDC's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount of
$73,600,00, Accordingly, and notwithstanding any other term or condition of this Agreement,
MBCDC hereby agrees that the City shall not be liable to MBCDC for damages in an amount in
excess of $73,600,00, for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained
in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon the City's liability as set forth in Florida Statutes, Section 768,28,
ARTICLE XXXI
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for the enforcement of same shall be in Dade County, Florida,
ARTICLE XXXII
ADDITIONAL CONDITIONS AND COMPENSATION
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 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 of curtailment or non-production of said federal grant funds, that the
financial sources necessary to 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, 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 parties hereto shall be released from further liability each
to the other under the terms of this Agreement.
12
ARTICLE XXXIII
ACCESSIBILITY LAWS COMPLIANCE
MBCDC agrees to adhere to and be governed by the following accessibility reqUirements:
a) Architectural Barriers Act of 1968, As Amended (42 U..S,C.4151) and its implementing
regulations at 35 CFR Part 107 -- States that public (Le" those intended to be accessible to the
general public) buildings and conveyances financed with federal funds are designed, constructed,
or altered to provide accessibility to the physically handicapped,
b) Section 504 of the Rehabilitation Act of 1973 (29 U,S,C. 794) and implementing
regulations at 24 CFR Part 8 -- Prohibits discrimination in federally assisted programs on the basis
of handicap and imposes requirements to ensure that "qualified individuals with handicaps" have
access to programs and activities that receive federal funds,
c) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U,S,C,
3601) and its implementing regulations at 24 CFR Part 100-115,
MBCDC must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a
copy of which is attached hereto and incorporated herein as Exhibit C, In the event MBCDC fails
to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit,
the City may impose such sanctions as it may determine to be appropriate, including but not limited
to, withholding of payments to MBCDC under the Agreement until compliance and/or cancellation,
termination or suspension of the Agreement in whole or in part, In the event the City cancels or
terminates the Agreement pursuant to this Article, MBCDC shall not be relieved of liability to the City
for damages sustained by the City by virtue of MBCDC's breach of the Agreement.
ARTICLE XXXIV
NOTICES
All notices shall be sent 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
Miami Beach, FL 33139
MBCDC:
Roberto Datorre, 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 WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officials on the day and date first above indicated,
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION,
a Florida not-for-profit corporation
ATIESD J-\-n
-
Secretary
~~U.dS I
u onze Igna ory
~ober-\n 'X\oAon,,(",~\e~'\ J.ent
Printed Name and Title of Authorized Signatory
ATTEST:
CITY OF MIAMI BEACH
a Flor' a Municipal corporation
~tP~
City Clerk
f:bs:MBCDC:99chdoop.agr
APPROVED AS 'TO
FORM & LANGUAGE
& FOR EXECUTION
1J;~
' ly AlIorr.ey
10- f)-oV
0.
EXHIBIT A
SCOPE OF SERVICES
Miami Beach
Community Development Corporation
Scope of Services
Maintain eligibility of Miami Beach Community Development Corporation as a qualifying Community
Housing Development Organization [CHDO]
Elicit input from the community, particularly from low-income program beneficiaries, in decisions
regarding design, siting, development and management of affordable housing projects
Undertake the development of affordable housing strategies and programs
Identify additional funding resources 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 ownership program
Scattered-Site rental program
Scattered-Site rental program for Elder
8 units at Knightsbridge Condominium
Operation and co-management of the Madison Apartments
17 units flow- and very low-income households
Operation and co-management of the Jefferson Apartments
27 units flow- and very low-income elderly households
Rehabilitation and management of the Fernwood Apartments
18 units flow and very low income households f persons disabled with HIVfAIDS
Rehabilitation and management of the Crespi Park Apartments
16 units flow and very low income households
Rehabilitation and management of the Sabrina Apartments
20 units flow and very low income households
Rehabilitation and management of eight units at Kinghtsbridge Condominium
8 units flow and very low income elderly households
Future housing development initiatives which are owned, sponsored or developed by
MBCDC
EXHIBIT B
BUDGET
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EXHIBIT C
CERTIFICATIONS
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE /f.?l~ ) N Y'e:srAIIENr f;:u.?",;V~ SRJ,... 'p'/?b6.A',w"
NAME OF FIRM, CORPORATION, OR ORGANIZATION M'""J,-JN /3~H c:...~......-'rl- .J:)EHC"\l'ir~
AUTHORIZED AGENT COMPLETING AFFIDAVIT R ;'~E">TI!> D .A7-"rU'E'
POSITION ~#$ /0""".41"- PHONE NUMBER (:;!:ut 5'3e?--OP9i:>
I, .J?"l:aZ,.1e> Pahl'.r~ ,beingdulyfirstswornstate:
That the above named firm, corporation or organization is in compliance with and agrees to continue to
comply with, and assure that any subcontractor, or third party contractor under this project complies with all
applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to facilities,
renovations, and new construction,
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,42 U,S,C, 12101-12213
and 547 U.S,C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III,
Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title
V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S,C. Section 794,
The Federal Tran$lt Act, as amended: 49 U,S,C. Section 1612.
The Fair Housing Act as amended: 42 U,S,C, Section 3601-3631.
~M'" ..,
\D~ \~ -00
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
lC2.:..l ~ -00
by ?cbe r \-0 hd-b r ( C'.
(Affiant)
(Date)
He/She i<;:r;.onaIlY k~ me or has presented
,,:;.---
as identification.
*~*1Irt mmlasklnCC717557
"':!!; ExpII1lI FobruI1y 18, 2002
C..Q 11'1557
(Serial Number)
(Print or Stamp Name of Notary)
Fc>brua r:J ;?f( '2CO 'C
(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 Affidavit with the firm, corporation or organization's bid or proposal or fails to have
this Affidavit on file with the City of Miami Beach,
Page 1 of 1