HOME Program Agreement - Housing Opportunities Project for Excellence, Inc.~~,s/d~ ~ ~~r aoa q-a~ rr ~
HOME PROGRAM AGREEMENT
THIS AGREEMENT, entered into this ~ day of ~u~ , 2010, by and befinreen 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 HOUSING
OPPORTUNITIES PROJECT FOR EXCELLENCE, INC., snot-for-profit Florida corporation, with
offices located at 18441 NW 2ND Avenue, Suite 218, Miami Gardens, FL 33169 (hereinafter referred
to as HOPE, Inc).
WITNESSETH:
WHEREAS, on February 18,1992, the Citywas designated bythe United States Department
of Housing and Urban Development (HUD) as a participating jurisdiction for the receipt of funds as
provided under the HOME Investment Partnerships Program and pursuant to the HOME Program
Final Rule, 24 CFR PART 92, as same may be amended from time to time; and
WHEREAS, the City- has an agreement with HUD for the purpose of conducting an
affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the
City through the Fiscal Year 2009/2010 One-Year Action Plan for Federal Funds; and
WHEREAS, on July 15, 2009, the City Commission adopted Resolution No. 2009-27116
approving the Fiscal Year 2009/2010 One-YearAction Plan for Federal Funds, providing Community
Development Block Grant funds in the amount of $5,000, to HOPE, Inc., for the Fair Housing
Education and Outreach Initiative, with funding of the activity to be supplemented with HOME
Investment Partnership Program administration funds in the amount of $5,000.
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 Program: HOME Investment Partnerships Program, Final Rule, 24 CFR Part
92, as same may be amended from time to time;
(b) HUD: United States Department of Housing and Urban Development or any
successor agency;
(c) Funds: HOME Program funds;
Any term not otherwise defined in this Article I or in this Agreement shall have the meaning set forth
in the HOME Program.
Page 1 of 16
ARTICLE II
ALLOCATION OF HOME FUNDS
Inconsideration for the performance by HOPE, Inc. of its role and responsibilities, asset forth in this
Agreement, the Citywill provide HOPE, Inc. with FIVE THOUSAND DOLLARS ($5,000) (the Funds),
from its Fiscal Year 2009/2010 HOME allocation to be used for eligible Fair Housing Education and
Outreach Initiative expenses in accordance with the Scope of Services (Exhibit A) and Operating
Budget (Exhibit B), attached and incorporated hereto. The Funds will be used solely to pay eligible
expenses for providing technical assistance to the City of Miami Beach in meeting its requirement to
Affirmatively Further Fair Housing as an Entitlement Jurisdiction by overcoming the effects of
conditions that limit fair housing choice, city-wide, through education, outreach, and counseling,
during the period commencing on October 1, 2009, and ending on September 30, 2010 (the Term).
Any remaining balance of Funds at the end of the aforestated Term shall automatically revert to the
City without further notice and/or demand by the City, and shall be remitted by HOPE, Inc. within ten
(10) days of the conclusion of said Term.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
(INTENTIONALLY OMITTED)
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS ,
PROVIDED UNDER THE HOME PROGRAM
HOPE, Inc. expressly agrees that the following provisions shall be applicable to the Funds:
(a) HOPE, Inc. will maintain a financial management system that conforms to the
financial accountability standards of the HOME Program, at 24 CFR PART. 84.21
("Standards for Financial Management Systems").
(b) HOPE, Inc. shall complywith the requirements of Executive Orders Nos.11625 and
12432 conceming 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) HOPE, Inc. shall comply with all of the following federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity, as same may be amended:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) --States that no person
may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving federal financial assistance on
the basis of race, color, or national origin. Its implementing regulations may be
found in 28 CFR Part 1.
(2) Title VIII of the Civil Rights Act of 1968 (the "Fair Housing Act") (42 U.S.C. 3601)
and its implementing regulations at 24 CFR Part 100-115 --Prohibits discrimination
in the sale or rent of units in the private housing market against any person on the
Page 2 of 16
basis of race, color, religion, sex, national origin, familial status or handicap
(3) Equal Opportunity in Housing (Executive Order 11063, As Amended by
Executive Order 12259) and implementing regulations at 24 CFR Part 107 --
Prohibits discrimination in housing or residential property financing related to any
federally assisted activity against individuals on the basis of race, color, religion, sex
or national origin.
(4) Age Discrimination Act of 1975, (42 U.S.C. 6101) and its implementing
regulations at 24 CFR Part 146 -Prohibits age discrimination in programs receiving
federal financial assistance.
(5) Equal Employment Opportunity, Executive Order 11246, and its implementing
regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
Provisions to effectuate this prohibition must also be included in all construction
contracts exceeding $10,000.
(d) HOPE, Inc. shall comply with the requirements of Section 3 of the Housing and
Urban Development Act of 1968.(12 U.S.C. 1701 u) -which requires that, to the greatest
extent feasible, opportunities for training and employment arising from HOME will be
provided to low-income persons residing in the program service area, and, to the greatest
extent feasible, contracts for work to be performed in connection with HOME will be awarded
to business concerns which are located in or owned by persons residing in the program
service area
(e) HOPE, Inc. agrees to administer a policy to ensure that it complies with the Drug-
Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the
workplace is free from the unlawful manufacture, distribution, dispensing, possession or use
of drugs or alcohol.
(f) HOPE, Inc. agrees to adhere to and be governed by the following accessibility
requirements:
1. Architectural Barriers Act of 1968, As Amended (42 U.S.C.4151) and its
implementing regulations at 35 CFR Part 107 -States that public (i.e., those
intended to be accessible to the general public) buildings and conveyances financed
with federal funds are designed, constructed, oraltered to provide accessibilityto the
physically handicapped.
2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally
assisted programs on the basis of handicap and imposes requirements to ensure
that "qualified individuals with handicaps" have access to programs and activities
that receive federal funds.
3. Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act"
(42 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115.
4. HOPE, Inc. must complete and submit the Citys Disability Non-Discrimination
Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as
Page 3 of 16
Exhibit "C". In the event HOPE, Inc. 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 HOPE, Inc. under the Agreement until compliance,
and/or termination of the Agreement.
ARTICLE V
jINTENTIONALLY OMITTED]
ARTICLE VI
METHOD OF PAYMENT
The Funds shall be paid to HOPE, Inc. as follows:
(a) HOPE, Inc. shall be paid for eligible expenses, asset forth in the Budget (Exhibit B);
based on actual costs; and with supporting documentation. HOPE, Inc. shall be paid only
for those expenditures identified in the Budget (Exhibit B). Expenses not identified in the
Budget must obtain the prior written approval of the City Manager prior to HOPE, Inc.
incurring same. Budget line item transfers must also have the prior written approval of the
City Manager.
Supporting documentation shall include, but not be limited to, the following:
(1) Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and properly
reflect all revenues and expenditures of Funds.
(2) A system of allocation that will assure reliable cost measurements and customary
service delivery costs.
(3) Time sheets for split-funded employees, who work on more than one activity, in
order to record the HOME activity delivery cost by project and the non-HOME related
charges.
(b) Requests for payment shall be assembled by calendar month and received by the
City no later than the 10th day of the succeeding month. Failure to comply may result in
rejection of invoices.
(c) No payments will be made without evidence of all appropriate insurance required by
this Agreement.
(d) HOPE, Inc. understands and agrees that disbursements of Funds under this
Agreement may not be requested until said Funds (or portions thereof) are needed for
payment of eligible costs. The amount of each request must be limited to the amount
needed. In no event shall the Cityprovide advance funding to HOPE, Inc., nor shall HOPE,
Inc. advance Funds to any party.
Page 4 of 16
Payment of all or any portion of the Funds may be withheld pending the receipt and approval by the
City of any and all reports and documents which HOPE, Inc. is required to submit pursuant to this
Agreement.
ARTICLE VII
SUBCONTRACTS
(a) HOPE, Inc. agrees that no work or services contemplated by this Agreement
(including without limitation, consultant work or services) shall be subcontracted or
reimbursed without the prior written approval of the City Manager.
(b) HOPE, Inc. shall require, and shall include language in all contracts with sub-
contractors, that said sub-contractor shall hold the City of Miami Beach, Florida, harmless
against all claims of whatever nature arising out of the subcontractor's performance of work
or services.
(c) HOPE, Inc. shall provide the City with copies of all executed subcontracts within ten
(10) days after execution.
ARTICLE VIII
[INTENTIONALLY OMITTED]
ARTICLE IX
TERM OF AGREEMENT (TERM)
This Agreement shall become effective on October 01, 2009, and shall terminate on September 30,
2010.
ARTICLE X
(INTENTIONALLY OMITTED]
ARTICLE XI
AMENDMENTS
Any amendments or modifications to this Agreement shall only be valid when they have been
reduced to writing and duly approved and signed by both parties hereto. Any changes which do not
materially change the scope of the Agreement, or increase the total amount of Funds payable under
this Agreement, shall be valid only when reduced to writing and approved and executed by the
parties but, as to the City, such amendments may be approved and signed by the City Manager.
ARTICLE XII
CONFLICT OF INTEREST
Related Parties. HOPE, Inca shall report to the City the name, purpose, and any other relevant
information in connection with any related-parry transaction. This includes, but is not limited to, a
Page 5 of 16
for-profit ornon-profit subsidiary or affiliate organization, an organization with overlapping board of
directors, and an organization for which HOPE, Inc. is responsible for appointing memberships.
HOPE, Inc. shall report this information to the City upon forming the relationship or, if already
formed, shall otherwise report it immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
HOPE, Inc. shall indemnify and hold harmless the City, and/or its officers, directors, employees, and
agents, from any and all claims, liabilities, losses, and causes of action which may arise out of an
act, omission, negligence or misconduct on the part of HOPE, Inc., or any of its officers, directors,
employees, agents, servants, contractors, subcontractors, consultants and sub consultants, patrons,
guests, clients, and/or invitees. HOPE, Inc. shall pay a!I claims and losses of any nature whatsoever
in connection therewith and shall defend all suits in the name of the City, and/or its officers,
directors, employees and agents, and shall pay all costs and judgments which may issue thereon.
This indemnification shall survive termination and/or expiration of this Agreement.
HOPE, Inc. shall maintain, during the term of this Agreement, the insurance specified below.
(1) General Liability: $1,000,000 combined single limit for bodily injury and property
damage, for each occurrence, subject to adjustment for inflation.
(2) Contractual Liability: the policy must include coverage to cover the above
indemnification.
(3) Automobile and vehicle coverage, in the amount of $1,000,000 per occurrence,
subject to adjustment for inflation, shall be required when the use of automobiles and other
vehicles are involved in any way in the performance of the Agreement, including non-
owned automobile coverage.
(4) Workers' Compensation Coverage as required pursuant to Florida Statute
HOPE, Inc. shall submit to the City ORIGINAL certificates of insurance for the above
coverages, with the City of Miami Beach, Florida, named as an additional insured. All
insurance coverage shall be approved by the City's Risk Manager prior to the release of any Funds
under this Agreement. Further, in the event evidence of such insurance is not forwarded to the
Citys Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement
shall automatically terminate and become null and void, without further notice to HOPE, Inc.
required, and the City shall have no obligation under the terms hereof. In the event of such
automatic termination, HOPE, Inc. shall immediately return the entire amount of the Funds to the
City, and the City's rights and remedies against HOPE, Inc. shall be the same as set forth in Article
IX.
Page 6 of 16
ARTICLE XIV
REPORTS
(1) Progress Reports. HOPE, Inc. agrees to submit quarterly status reports, which shall
describe the progress made by HOPE, Inc. in achieving each of the objectives identified in
the Scope of Services (Exhibit "A"). The progress report shall be submitted on the 10~' day
of January, April, July, and October, respectively. It will be the sole responsibility of HOPE,
Inc. to notify the City, in writing, of any action, law, or event that will impede or hinder the
success of the activities contemplated by this Agreement. After such notification, the City
Manager will take whatever actions it deems appropriate to ensure the success of the
project/program.
(2) Annual Report. HOPE, Inc. shall submit a cumulative status report (hereinafter
referred to as the Annual Report) which shall describe the progress made by HOPE, Inc. in
achieving each of the objectives identified in the Scope of Services (Exhibit "A") during the
previous year. The Annual Report reporting period covers a twelve (12) month period
beginning October 30, 2009 and ending October 29, 2010, and shall be received bythe City
by October 15, 2010.
(3) The City may require that HOPE, Inc. submit such other reports, as the City Manager
may reasonably deem necessary to demonstrate compliance with any of the terms of this
Agreement.
If the required reports described above are not submitted to the City, or are not completed in a
manner reasonably acceptable to the City Manager, the City may withhold further payments until
they are completed, or take any other such action, including default, as the City Manager may deem
appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
HOPE, Inc. shall maintain any and all records, as necessary, to document compliance with the
provisions of this Agreement. At any time during normal business hours and as often as the City
(and/or the comptroller of the United States) may deem necessary, there shall be made available to
the City Manager and/or his authorized representatives, (and/or the U.S. Comptroller and/or his
authorized representatives), to audit, examine and make audits, of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment, and other data relating to all matters
covered by this Agreement. If during the course of a monitoring, the City determines that any
payments made to HOPE, Inc. do not constitute an allowable expenditure, the Citywill have the right
to re-capture said monies, which shall include, without limitation, the right to deduct/reduce those
amounts from their related invoices and/or from any remaining portion of Funds not yet paid to
HOPE, Inc.
ARTICLE XVI
COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS
HOPE, Inc. shall comply with al! applicable Federal regulations as they may apply to program
administration. Additionally, HOPE, Inc: will comply with all State, County and. City laws and
ordinances hereto applicable.
Page 7 of 16
ARTICLE XVII
TERMINATION DUE TO LACK OF FUNDING
It is expressly understood and agreed by the parties hereto that the Funds originate from grants of
HOME funds and must comply with all applicable HUD rules and regulations.
It is expressly understood and agreed that, in the event of curtailment or non-production of said
Federal funds, the financial sources to pay HOPE, Inc. under this Agreement will not be available
and, then in such event, this Agreement will thereby terminate effective as of the time that it is
determined by the City Manager, in his sole and reasonable judgment and discretion, that said funds
are no longer available.
In the event of such termination, HOPE, Inc. agrees that it will not look to, nor seek to hold, the City
of Miami Beach and/or any of its officials, officers, employees, agents and/or contractors, personally
liable for performance of this Agreement, and the City shall be released from further liability to
HOPE, Inc. under the terms of this Agreement.
- ARTICLE XVIII
ACCESS TO RECORDS
HOPE, Inc. shall allow access to all financial and other records, during normal business hours, to
authorized Federal, State, Miami-Dade County, or City representatives, and shall provide such
assistance as may be necessary to facilitate financial and/or other audit by any of these
representatives including, without limitation, as deemed necessary by such representatives toinsure
compliance with applicable accounting and financial standards.
ARTICLE XIX
[INTENTIONALLY OMITTED]
ARTICLE XX
PROJECT PUBLICITY
HOPE, Inc. agrees that any news release or other type of publicity pertaining to the project must
recognize the City as the recipient funded by the United States Department of Housing and Urban
Development and administered by the City of Miami Beach Office of Real Estate, Housing and
Community Development Department as the entity which provided Funds for the Project.
ARTICLE XXI
[INTENTIONALLY OMITTED]
Page 8 of 16
ARTICLE XXII
ASSIGNMENT.
No part of this Agreement maybe assigned or subcontracted without the prior written consent of the
City, which consent, if given at all, shall be at the City's sole discretion and judgment.
ARTICLE XXIII
[INTENTIONALLY OMITTED]
ARTICLE XXIV
INDEPENDENT CONTRACTOR
HOPE, Inc., and its employees, contractors and agents, shall be deemed to be independent
contractors and not agents or employees of the City, and shall not attain any rights or benefits under
the Civil Service or Pension Ordinances of the City, or any rights generally afforded Classified or
Unclassified employees; further he/she shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of the City.
ARTICLE XXV
[INTENTIONALLY OMITTED]
ARTICLE XXVI
TERMINATION FOR CAUSE
This Agreement may be terminated, in whole or in part, for cause. "Cause" shall include the
following:
(a) HOPE, Inc.'s failure to comply and/or perform in accordance with any of the terms
and conditions of this Agreement, or any applicable Federal, State, County or City law or
regulation.
(b) HOPE, Inc.'s failure to maintain the insurance required by the City.
(c) Submitting any required report to the City which is late, incorrect, or incomplete in
any material respect after notice and opportunity to cure, as set forth in subparagraph (e)
hereof, has been given by the City to HOPE, Inc.
(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;
Page 9 of 16
(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) HOPE, Inc.'s insolvency or bankruptcy;
(h) An assignment or transfer of this Agreement (or any interest therein) which does not
comply with the procedures set forth in Article XXII herein; or
If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of
such notice of default to HOPE, Inc., at the expiration of said thirty (30) day period (or such
additional period of time, as may be permitted by the City Manager, in his sole discretion, as
required to cure such default and in the event HOPE, Inc. is diligently pursuing curative efforts) this
Agreement may, at the City's sole option and discretion, be deemed automatically canceled and
terminated, and the City fully discharged from any and all liabilities, duties and terms arising out of,
or accruing by virtue of, the Agreement. In the event of a default for cause, the City may also, at its
option, avail itself of any and all remedies pursuant to the HOME Program (at 24 CFR Part 85.43),
including suspension and/or re-capture (in whole or in part) of the Funds, and any other remedies
that may be available at law or equity.
ARTICLE XXVII
TERMINATION FOR CONVENIENCE
Notwithstanding Article XXVI above, the City may terminate this Agreement, in whole or in part, for
convenience, asset forth in 24 CFR Part 85.44. In the event of termination for convenience, HOPE,
Inc. shall immediately return any unused Funds (as of the date of termination) to the City.
Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have
with regards to recapture of all or any portion of the Funds as a result of incomplete and/or
unsatisfactory performed program/project items.
ARTICLE XXVIII
ADDITIONAL CITY REMEDIES
In the event of a default and termination for cause, the City shall also be entitled to bring any and all
legal and/or equitable actions which it deems to be in its best interest, in Miami-Dade County,
Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall
be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXIX
MAINTENANCE AND RETENTION OF RECORDS
HOPE, Inc. shall maintain all records required pursuant to the HOME Program, (at 24 CFR Part
92.508), in an orderly fashion and in a readily accessible; permanent and secured location; and that
it will prepare and submit all reports required herein, and/or as otherwise required to assist the City
Page 10 of 16
in meeting record keeping and reporting requirements herein.
(a) Records shall be maintained for a period of five (5) years after the closeout of Funds
under this Agreement, except as provided in subsections (b), (c) and (d), herein.
(b) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
subsection (a), whichever is later.
(c) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for five (5) years after the period of affordability terminates.
(d) Records covering displacements and acquisition must be retained for at least five (5)
years after the date bywhich 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 Part 92.353.
ARTICLE XXX
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the
City's liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the sum of $10,000 less any
amounts actually distributed by the City to HOPE, Inc. HOPE, Inc. hereby expresses its willingness
to enter into this Agreement with HOPE, Inc.'s recovery from the City for any damage action for
breach of contract to be limited to a maximum amount of $10,000 less any amounts actually
distributed by the City to HOPE, Inc. Accordingly, and notwithstanding anyotherterm orcondition of
this Agreement, HOPE, Inc. hereby agrees that the City shall not be liab{e to HOPE, Inc. for
damages in an amount in excess of $10,000, 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 parry with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for the enforcement of same shall be in Miami-Dade County, Florida.
Page 11 of 16
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive
venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, CITY AND MBCDC EXPRESSLY WAIVE ANY RIGHTS EITHER
PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR
ARISING OUT OF, THIS AGREEMENT.
ARTICLE XXXII
[INTENTIONALLY OMITTED]
ARTICLE XXXIII
[INTENTIONALLY OMITTED]
ARTICLE XXXIV
NOTICES
All notices shall be sent to the parties at the following addresses:
City: Anna Parekh, Director
Real Estate, Housing, and Community Development
City of Miami Beach.
1700 Convention Center Drive
Miami Beach, FL 33139
HOPE, Inc: Keenya Robertson, President & CEO
Housing Opportunities Project for Excellence, Inc.
18441 NW 2"d Avenue
Miami, FL 33169
or such address and to the attention of such other person(s) as the City or HOPE, Inc. may from
time to time designate by written notice to the other.
ARTICLE XXXV
MISCELLANEOUS
(a) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(b) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(c) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
Page 12 of 16
(d) If any provision of this Agreement is held invalid, the remainder of this Agreement
shall not be affected thereby if such remainder would -then continue to conform to the terms
and requirements of applicable law.
(e) City and HOPE, Inc. agree that this Agreement shall be binding upon the parties
herein, and their respective heirs, executors, legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their duly authorized officials on the day and date first above indicated.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.
a Florida not-for-profit corporation
ATT T:
ecretary
rint Name
i ture
Keenya Robertson. President & CEO
Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
A .EST:
~C:~
City Clerk
~o-P,~-~ P k~2r" ~{t--~,
Print Name
Page 13 of 16
a r
Matti Herrera Bower
Print Name
APPROVED AS TO
FORM & LANGUAGE
' ~ FOR EXECUTION
~,~ ;~-- 5~ ~~
--.~-~
City Attomey~~~ Date
CDBG & HOME AGREEMENT
October 1, 2009 to September 30, 2010
EXHIBIT A
Scope of Services
DESCRIPTION OF PROGRAM
(Include objective of the project, quantity of service to be accomplished and schedule of implementation)
The Federal Fair Housing Act, Section 808(e)(5), requires the Secretary.of the U.S. Department of Housing and
Urban Development (the Department) to administer the Department's housing and urban development programs
in a manner as to affirmatively further fair housing (AFFH).
To provide technical assistance to the City of Miami Beach in meetings its requirement to Affirmatively Further
Fair Housing as an Entitlement Jurisdiction by overcoming the effects of conditions that limit fair housing
choice-city-wide through education, outreach, and counseling.
PROGRAM GOALS AND MEASURABLE OUTCOMES
1. Conduct seven (7) Fair Housing/Predatory Lending educational outreach sessions benefiting City of
Miami Beach residents. Distribute Fair Housing and Predatory Lending educational materials.
2. Operate a housing discrimination HELPLINE that will be publicized and made available to provide
residents of the City of Miami Beach with (1) fair housing counseling, (2) predatory lending, and (3) affordable
housing and other housing related referrals.
3. Publish and distribute at least (4) issues of The Forum Newsletter for distribution to municipal staff,
elected officials, service providers, and community members. The City of Miami Beach will receive credit in
the printing of the newsletter for its part in its publishing and distribution.
4. Provide two (2) provider. training presentations/ trainings for providers within the City of Miami Beach.
Provide one (1) Media Awareness Campaign that impacts residents of Miami Beach.
SCHEDULE FOR IMPLEMENTATION
Goal 10/2009 11/2009 12/2009 1/2010 2/2010 3/2010 4/2010 5/2010 6/2010 7/2010 8/2010 9/2010
1 X X X X X X X
2 X X X X X
3 X X X X
4 X X
5 }~
Page 1 of 1
EXHIBIT B
BUDGET SUMMARY SHEET
Project Name : HOME PROGRAM Funding Year: 2009/2010
Provider Name : Housing Oaaortunities Proiect for Excellence. Inc. (HOPE. Inc.l
CATEGORY CITY OF M IA. BEACH OTHER TOTAL
NUMBER CATEGORY BREAKDOWN DESCRIPTIONS CDBG HOME FUNDS FUNDS
1 PERSONNEL SALARIES
Education & Outreach Coordinator 1,225.00 1,225.00 36,690.00 39,140.00
Alyssa Arnell
Intake & Investigations Coordinator 1,161.67 1,161.70 36,399.48 38,722.85
Vanester Turner
Total Salaries 2,386.67 2,386.70 73,089.48 77,862.85
FICA 7.65°,6 of Gross 182.65 182.51 5,591.35 5,956.51
Workers Comp. 1.3^.6 of Gross 31.07 30.99 950.16 1,012.22
Unemployment Comp. (First $7,000) $129 Per Employee 30.00 0.00 357.00 387.00
Group Insurance $x,215 Per Employee Per Year 421.50 421.50 7,587.00 8,430.00
Total Fringe 665.22 635.00 14,485.51 15,785.73
TOTAL PERSONNEL 8 FRINGE 3,051.89 3,021.70 87,574.99 93,648.58
2 OPERATING COST
Office Space Rental (Main Office) $3,468.75 Permo=$41,625.OOx 7% 1,456.98 1,456.98 38,711.04 41,625.00
Printing & Duplicating Training Materials, Quarterly Newsletter 360.00 390.00 6,750.00 7,500.00
Educational Brochures
TOTAL OPERATING EXPENSES 1,816.98 1,846.98 45,461.04 49,125.00
3 Capital Equipment Cost _ _ _ _
TOTAL EQUIPMENT COST
4 Supplies Cost
Office Supplies 131.13 131.32 4,737.55 5,000.00
TOTAl. ~IVIQIJNT
,.5:~00€i,QO
5,000:OQ. ;:
137,773 5$.
~47,F13;b8 ;
Page 15 of 16
EXHIBIT C
CERTIFICATIONS/REGULATIONS
I. NON-DISCRIMINATION AND EQUAL ACCESS
No person in the United States shall on the grounds of race, color, national origin, religion or sex
be excluded, denied benefits or subjected to discrimination under any program funded in whole or
in part by CDBG funds. The Provider must take measures to ensure non-discriminatory
treatment, outreach and access to program resources. This applies to employment and
contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity. They are summarized below:
• Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et .seq_): States that no
person may be excluded from participation in, denied the benefits of, or subjected to
discrimination under any program or activity receiving Federal financial assistance on the
basis of race, color or national origin. The regulations implementing the Title VI Civil Rights
Act provisions for HUD programs may be found in 24 CFR Part 1.
• The Fair Housine Act (42 USC 3601-3620): Prohibits discrimination in the sale or rental of
housing, the financing of housing or the provision of brokerage services against any person
on the basis of race, color, religion, sex, national origin, handicap of familial status. Fair
Housing Act implementing regulations maybe found in 24 CFR Part 100-115.
• Equal Opportunity in Housing (Executive Order 11063 as amended by Executive Order
12259): Prohibits discrimination against individuals on the basis of race, color, religion, sex
or national origin in the sale, rental, leasing or other disposition of residential property, or in
the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations maybe found in 24 CFR Part 107.
• Abe Discrimination Act of 1975 As Amended (42 USC 6101): Prohibits age discrimination
in programs receiving Federal financial assistance. Age Discrimination Act regulations may
be found in 24 CFR Part 146.
• Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of
race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG-.
assisted housing with five or more units. Requirements and procedures must include:
• Methods for informing the public, owners and potential tenants about fair housing laws and
the Provider's policies (for example: use of the Fair Housing logo or equal opportunity,
language);
. A description of what owners and/or the Provider will da to affirmatively market housing
assisted with CDBG funds;
Page 1 of 7
• A description of what owners and/or the Provider will do to inform persons not likely to
apply for housing without special outreach;
• Maintenance of records to document actions taken to affirmatively market CDBG-assisted
units and to assess marketing effectiveness; and
• A description of how efforts will be assessed and what corrective actions will be taken where
requirements are not met.
Handicapped Accessibility
The CDBG regulations also require adherence to the three following regulations governing the
accessibility of Federally assisted buildings, facilities and programs.
Americans with Disabilities Act (42 USC 12131; 47 USC 155, 201, 218 and 225): Provides
comprehensive civil rights to individuals with disabilities in the areas of employment, public
accommodations, state and local government services and telecommunications. The Act, also
referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 26, 1993) that are accessible to and
usable by persons with disabilities. The ADA also requires the removal of architectural and
communication barriers that are structural in nature in existing facilities. Removal must be
readily achievable, easily accomplishable and able to be carried out without much difficulty
or expense.
• Fair Housing Act: Multi-family dwellings must also meet the design and construction
requirements at 24 CFR 100.205, which implement the Fair Housing Act (42 USC 3601-19)
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in
federally assisted programs on the basis of handicap. Section 504 imposes requirements to
ensure that "qualified individuals with handicaps" have access to programs and activities that
receive Federal funds. Under Section 504, recipients and subrecipients are not required to
take actions that create unique financial and administrative burdens or after the fundamental
nature of the program. For any Provider principally involved in housing or social services, all
of the activities of the agency -- not only those directly receiving Federal assistance -- are
covered under Section 504. Contractors or vendors are subject to Section 504 requirements
only in the work they do on behalf of the Provider or the City. The ultimate beneficiary of
the Federal assistance is not subject to Section 504 requirements.
The Architectural Barriers Act of 1968 (42 USC 4151-4157): Requires certain Federal and
Federally-funded buildings and other facilities to be designed, constructed or altered in
accordance with standards that ensure accessibility to, and use by, physically handicapped
people.
II. EMPLOYMENT AND CONTRACTING
The Provider must comply with the regulations below governing employment and contracting
opportunities. These concern equal opportunity, labor requirements and contracting/procuremerit
procedures.
Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for
employment and contracting.
• Equal Employnr~ent Opportunity Executive Order 11246 as amended: 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
Page 2 of 7
all construction contracts exceeding $10,000. Implementing regulations may be found at 41
CFR Part 60.
• Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest
extent feasible, opportunities for training and employment arising from CDBG funds will be
provided to low-income persons residing in the program service area. Also, to the greatest
extent feasible, contracts for work (all types) to be performed in connection with CDBG will
be awarded to business concerns that are located in or owned by persons residing in the
program sernce area. .
Minority/Women's Business Enterprise: Under Executive Orders 11625, 12432 and 12138,
the City and the Provider must prescribe procedures acceptable to HUD for a minority
outreach program to ensure the inclusion, to the maximum extent possible, of minorities and
women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. In the case of
Davis-Bacon and the Contract Work Hours and Safety Standards Acts, every contract for
construction (in the case of residential construction, projects with eight or more units) triggers the
requirements.
• Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers
employed in construction work under Federally-assisted contracts are paid wages and fringe
benefits equal to those that prevail in the locality where the work is performed. This act also
provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
• Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333): Provides .
that mechanics and laborers employed on Federally-assisted construction jobs are paid time
and one-half for work in excess of 40 hours per week, and provides for the payment of
liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
• Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that
are allowable. Makes it a criminal offense to induce anyone employed on a Federally
assisted project to relinquish any compensation to which he/she is entitled, and requires all
contractors to submit weekly payrolls and statements of compliance.
• Fair Labor Standards Act of 1938 As Amended (29 USC 201 et seq_): Establishes the basic
minimum wage for all work and requires the payment of overtime at the rate of at least time
and one-half. It also requires the payment of wages for the entire time that an employee is
required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practices
The CDBG program is subject to certain Federal procurement rules. In addition, the City and the
Provider must take measures to avoid hiring debarred or suspended contractors or subrecipients
and conflict-of-interest situations. Each is briefly discussed below.
• Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit
organizations receiving CDBG funds, the procurement requirements at 24 CFR Part 84 apply.
• Conflict of Interest: The CDBG regulations require grantees (the City), state recipients and
subrecipients (the Provider) to comply with two different sets of conflict-of-interest
provisions. The first set of provisions comes from 24 CFR Parts 84 and 85. The second,
Page 3 of 7
which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG
regulations. Both sets of requirements are discussed below.
- The provisions at 24 CFR 85.36 and~24 CFR 84.42 apply in the procurement of property
and services by grantees (the City), state recipients, and subrecipients (the Provider).
These regulations require the City and the Provider to maintain written standards
governing the performance of their employees engaged in awarding and administering
contracts. At a minimum, these standards must:
- Require that no employee, officer, agent of the City or the Provider shall participate
in the selection, award or administration of a contract supported by CDBG if a
conflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept
gratuities, favors or anything of monetary value from contractors, potential
contractors or parties to subagreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for
violations of standards.
A conflict would arise when any of the following has a financial or other interest in a
firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of
the City or the Provider.
The CDBG regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases
not covered by 24 CFR 85.36 and 24 CFR 84.42. These provisions cover employees,
agents, consultants, officers and elected or appointed officials of the grantee (the City),
state recipient or subrecipient (the Provider). The regulations state that no person
covered who exercises or has exercised any functions or responsibilities with respect to
CDBG activities or who is in a position to participate in decisions or gain inside
information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for
persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after
leaving the grantee (the City), the state recipient or subrecipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a
case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has
been made public; and
- Provided a legal opinion from the City stating that there would be no violation of
state or local law if the exception were granted.
• Debarred contractors: In accordance with.24 CFR Part 5, CDBG funds may not be used to
directly or indirectly employ, award contracts. to or otherwise engage the services of any
contractor or subrecipient during any period of debarment, suspension or placement of
ineligibility status. The City should check all contractors, subcontractors, lower-tier
Page 4 of 7
contractors or subrecipients against the Federal publication that lists debarred, suspended and
ineligible contractors.
III. ENVIRONMENTAL REQUIREMENTS
The City is responsible for meeting a number of environmental requirements, including
environmental reviews, flood insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the
requirements imposed on "recipients" in 24 CFR 58. Reviews must be completed, and Requests
for Release of Funds (RROF) submitted to HUD before CDBG funds are committed for non-
exempt activities. Private citizens and organizations may object to the release of funds for CDBG
projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70. -
58.77). To avoid challenges, grantees (the City) and subrecipients (the Provider) should be
diligent about meeting procedural requirements.
Flood Insurance
Section 202 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG
funds shall not be provided to an area that has been identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazard, unless: The community is
participating in the National Flood Insurance Program, or it has been less than a year since the
community was designated as having special flood hazards; and Flood insurance is obtained.
IV. LEAD-BASED PAINT
Ori September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-
Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal
Assistance; Final Rule" was published within title 24 of the Code of Federal Regulations as part
35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, which is Title X (ten) of the Housing and
Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-
Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint
in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing
lead in house dust. Scientific research has found that exposure to lead in dust is the most
common way young children become lead poisoned. Therefore, the new regulation requires dust
testing after paint is disturbed to make sure the home is lead-safe. Specific requirements depend
on whether the housing is being disposed of or assisted by the federal government, and also on
the type and amount of financial assistance, the age of the structure, and whether the dwelling is
rental or owner occupied.
PROPERTY EXEMPT FROM LEAD-BASED PAINT REGULATION.
• Housing built since January 1, 2978, when lead paint was banned for residential use;
• Housing exclusively for the elderly or people with disabilities, unless a child under. age 6 is
expected to reside there;
• Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing,
dormitories or military barracks;
• Property. that has been found. to be. free. of lead-based.paint by a. certified lead-based paint
inspector;
• Property where all lead-based paint has been removed;
Page 5 of 7
Unoccupied housing that will remain vacant until demolished;
Non-Residential property; and
Any rehabilitation or housing improvement that does not disturb a painted surface.
TYPES OF HOUSING SUBJECT TO 24 CFR 35
• Federally-Owned housing being sold;
• Housing receiving a federal subsidy that is associated with the property, rather than with the
occupants (project-based assistance);
• Public housing;
• Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a
voucher or certificate);
• Multifamily housing for which mortgage insurance is being sought; and
• Housing receiving federal assistance for rehabilitation, reducing homelessness, and other
special needs.
If you want copies of the regulation or have general questions, you can call the National Lead
Information Center at (800) 424-LEAD, or TDD (800) 526-5456 for the hearing impaired. You
can also download the regulation and other educational materials at
http://www.hud.gov/offices/lead/index.cfrn. For further information, you may call HUD at (202) 755-
1785, ext. 104, or e-mail HUD at lead regulations~a,hud.~ov.
V. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
CDBG projects involving acquisition, rehabilitation or demolition may be subject to the
provisions of the Uniform Relocation Act (UDA). Demolition or conversion of units with CDBG
funds may trigger section 104 (d) (also known as the "Barney Frank Amendment" requirements.)
VI. COMPLIANCE WITH NATIONAL OBJECTIVE
The Provider will ensure and maintain evidence that activities assisted with CDBG funds from
the City of Miami Beach comply with the primary National Objective, "Benefit to Low and
Moderate Income Persons" and will provide services or activities that benefit at least 51% low
and moderate income persons. A low or moderate-income household is defined as: a household
having an income equal to, or less than, the limits cited below. Iridividuals who are unrelated but
are sharing the same household shall each be considered as one-person households.
Low and Moderate Household Income Limits (Effective 03/09/2009) (Source: U.S.
Department of Housing & Urban Development) (Note: Low-Income (80% of Median Income),
Very Low-Income (50 % of Median Income), Extremely Low (30% of Median Income), Median
Family Income FY 2009: $50,800)
Household Size Extremely Low
30% of Median Very Low-Income
50% of Median Low-Income
80% of Median
1 Person $14,150 $23,600 $37,750
2 Person $16,150 $26,950 $43,100
3 Person $18,200 $30,350 $48,500
4 Person $20,200 $33,700 $53,900
5 Person $21,800 $36,400 $58,200
6 Person - $23,450 ~ $39,100 $62,500
7 Person $25,050 $41,800 $66,850
8 Person $26,650 $44,500 $71,150
Page 6 of 7
LOW/MODERATE INCOME DATA
SOUTHERN TARGET AREA
Census Tract Total L/M Persons Total Persons % Low/Mod
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,13 7 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 10,774 13,244 81.35
45 1,768 2,307 76.64
TOTAL 33,183 45,587 73% L/M
NORTHERN TARGET AREA
Census Tract Total L/1V1 Persons Total Persons % LowlMod
39.01-1 603 1,036 58.20
39.01-2 ~ 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39.02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
TOTAL 8,677 12,000 72% L/M
F:\AHCD\$ALL\HSG-CD\MERCY\COMRAC7S\09-lOWttachment N CDBG.doc
Page 7 of 7
CERTIFICATION REGARDING LOBBYING
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09-MC-12-0014
CFDA Number/Title: 14218 / COMMUNITY DEVELOPMENT BLOCK GRANT
Date: ~ ~ (~ 1 ~ j(,,~
The undersigned certifies, to the best of his or her knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, 'a
Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or any employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance
with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all individuals receiving sub-awards shall
certify and disclose accordingly.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE INC.
f ~ ~'~
Signa~u e
L ~ `~ r ~~. / G~~f
Print Name of Authorized Signatory
i ,~ l ~;u
1
Date
~7 /'
Print Title of Authorized Signatory
Page i of 1
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient: CITY OF MIAMI BEACH
Name of Sub-recipient: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE INC.
Grant Program Name: COMMUNITY DEVELOPMENT BLOCK GRANT
Grant Number: B-09-MC-12-0014
CFDA Number/Title: 14218 / COI\~IMUNITY DEVELOPMENT BLOCK GRANT
Date: '~
The Provider shall insert in the space provided below the site(s) expected to be used for the performance
of work under the grant covered by the certification: ,
Place of Performance (include street address, city, county, state, zip code for each site):
n ~... 7
f
ci ~? c,! ? ~iU'L
n /
~~1~
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE INC
~_ ...
Sign r
Q.~ ~~
Print Name o Authorized Signatory
((~
Date
f
~~f~i/i~~ ~f~
Print Title of Authorized Signatory
.Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE CDBG CONTRACT YEAR 35, Fiscal Year 2009/2010
NAME OF FIItM, CORPORATION, OR ORGANIZATION HO~JSING OPPORTUNITIES PROJECT
FOR EXCELLENCE, INC. ~t 7
AUTHORIZED AGENT COMPLETING,AFFIDAVIT r~ONI ilia I ~JP~~'~~~~c'~/
POSITION/ ~ ~Cl?is~E~.~ ~ t' , y ~7 PHONE~~UMBER ~..
I, ~ ~ ~ ,being duly first sworn state
That the abov named form, corporation or organization is in compliance with and agrees to
continue to comply with, and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not limited
to, those provisions pertaining to employment, provision of programs and services, transportatiori,
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.CI
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 Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
~ i~ - ~ v
Signatur Date
F. t
C' ~ ~
SUBSCRIBED AND SWORN TO (or affirmed) before me on ~ /C~ by '~
/~. (Date)
~ ~~ ~~ ~ ~~~~~ He/She is personally lrnown to me or has ~;
presented
-f
~~~ ,
(Signa ure of No , )
(Print or Stamp Name
__~(Type of identification)
. l .~~'
C-STA OF FLORIDA
'"' Milad}~s Guerrero
~,' Commission #DD739114
. ~ Expires DE~~r"Lz011
~~j~U ATLANITC BONDING Co, INC,
Notary Public y LG"' `iz~~~C.i (State) Notary Seal
as identification.
(Serial Number)
(Expiration Date)
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 firnZ, 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