Amendment No. 1 to Ship AgreementC r,,~ ,; -~ _ ~ G
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AMENDMENT NO. 1 TO
SHIP AGREEMENT
FOR FISCAL YEAR 2006-2007
THIS AMENDMENT NO. 1, entered into this ~~d y of 2009, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation, having i 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 its principal office located at 945 Pennsylvania Avenue, Miami Beach, Florida
(hereinafter referred to as MBCDC).
WITNESSETH:
WHEREAS, the City has determined the necessity for providing affordable housing in
Miami Beach through its Consolidated Plan, which was adopted by Resolution No. 2008-26847 on
July 16, 2008; and
WHEREAS, on September 10, 2008, the Mayor and City Commission approved Resolution
No. 2008-26887. authorizing the Mayor and the City Clerk to execute a State Housing Initiative
Partnership (SHIP) Program Agreement between the City and MBCDC; and
WHEREAS, on September 10. 2008, the City and MBCDC executed a SHIP Agreement, in
;he amount of seven hundred ninety eight thousand seven hundred sixty three dollars and fifty
three cents ($798,763.53) for 2006f2007 SHIP Program funds (the 2006/2007 SHIP Agreement):
and
WHEREAS. these funds were to be used exclusively far rehabilitation, down payment
assistance, closing costs assistance; and homeownership counseling for MBCDC`s Scattered-Site
Home Ownership Program and Rental Development; and
WHEREAS, the current economic climate and lack of access to private and public financing
has created a delay in MBCDC'S rehabilitation of the Allen Building, located at 2001 Washington
Avenue, Miami Beach; Florida 33139, where a significant portion of the SHIP funds were alloca!ed;
and
WHEREAS. the expenditure deadline of June 30. 2009 cannot be met; and
WHEREAS an amendment to the 2006!2007 SHIP Agreement is necessary to extend the
expenditure deadline from June 30, 2009, to June 30, 2010, and to clarify or modify other terms.
NOW, THEREFORE, in consideration of the mutual promises contained herein. the parties
hereby amend the 2 0 0612 0 0 7 SHIP Agreement as follows,
1. ARTICLE IV -SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER
THE SHIP AND HOME PROGRAMS. Section (e) (Records) is amended as follows:
(e) Records: MBCDC agrees to maintain all records sufficient to meet the requirements of
the SHIP Program Rule, including, but not limited to'. SHIP Program records, project
records, and SHIP Program administration records. MBCDC warrants and represents that
it maintains a financial management system that conforms to the financial accountability
standards of Attachment F -Office of Management 8 Budget (OMB} Circular A-110. All
records required herein shall be retained and made accessible for a period of at least tACee
(w) five 5 years after closing; as provided in the SHIP Program Rule, and Florida Statutes
Chapter 119
2. ARTICLE VI -METHOD OF PAYMENT Section (a), is amended as follows
(a) MBCDC shall-be-paid menthly~er--eligible~osts-expended may drawdown funds for
eligible costs (as set forth under the Scope of Services in Exhibit "A")
expended, with supporting documentation provided for expenses that are considered
reasonable and necessary and approved by MBCDC's authorized representative and will
be secured by an appropriate legal recorded safeguard,
3. ARTICLE IX -TERM OF AGREEMENT, paragraph 2, is amended as follows:
The e~enditure deadline for Fiscal Year 200612007 funds, in the amount of $798,763.50.
are reserved-through-June~0-2D09 is extended from June 30. 2009. to June 30. 2010.
MBCDC shall have arranged for the rehabilitation or construction of a minimum of fifteen
(15) dwellings prior to June~O,~-009 December 31. 2009, pursuant to the terms of this
Agreement
4. ARTICLE XIV -REPORTS. Section (a}, is amended as follows:
(a) Progress Report;. i.•fRCDC a~ees to submit nrenthly progres repurlB tv Itre L'iry
reports to the City on a guarterly_basis, describing the staters of each propo,ed project and
achievement of the project ubjcetives (as provided in the Scope of Services in Exhibit "A",
anachcd hereto). 't'he progress reports shall be submitted no later than tan (10) days after
the end of eaelill each quarter, and shall continue until such lime as all Funds .Ire
expended on sper;+~ ~ra}eets and the project is completed.
5. ARTICLE XV -AUDIT AND INSPECTIONS, is amended as follows:
At any time during normal business hours and as often as the Crty andlor the Florida
Housing Finance Corporation (FHFC} may deem necessary, in their respective sole
discretion, there shall be made available to the City Administration. and/or representatives
of the FHFC, to audit, examine and make audits of, all contracts, invoices. materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. If during the course of its monitoring. the City
determines that any payments made lq MBCDC do not constitute an allowable
expenditure, the City will have the right to deducUreduce those amounts from their related
invoices. MBCDC must maintain records necessary to document compliance with the
provisions of this Agreement, for at least tkrree-(3} five 5 years after the close of the fiscal
year in which the Funds reserved hereunder are fully expended.
6. ARTICLE XXVI -MAINTENANCE AND RETENTION OF RECORDS, sections (a} and {c),
are amended as follows
(aj Records shall be maintained for a period of tkrree-(3} five '5 years after the closeout of
funds under this Agreement except as provided herein in paragraphs (b)and (c) below.
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(c) Records regarding project requirements that apply for the duration of the period of
affordability. as well as the written agreement and inspection and monitoring reports must
be retained for three five years AFTER the required period of affordability
7. All other terms and conditions of the Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.1 as of the
day and date firs[ written above.
MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
ATTEST ~
~ a Florida not-fcr-profit corporation
/
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/Secretary Roberto Dato re
President, Authorized Signatory
ATTEST: CITY OF MIAMI BEACH
a Florida Municipal Corporation
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City Clerk
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Jor a Oonzal , C'ty Man~_. __
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APPROVED AS TO
FORM 8~ LANGUAGE
tk FOR EXECUTION
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City AHo a Date
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