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Home Program Agreement - Housing Opportunities ProjectI a 0//-a 76 9� HOME PROGRAM AGREEMENT THIS AGREEMENT,entered into this�Nay of f► 2041, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, FL 33139, (hereinafter referred to as the City), and the HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC., a not-for-profit Florida corporation, with offices located at 18441 NW 2"d Avenue, Suite 218, Miami Gardens, FL 33169(hereinafter referred to as HOPE, Inc.). WITNESSETH: WHEREAS,on February 18, 1992,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 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 2011/2012 One-Year Action Plan for Federal funds; and Whereas, on July 13, 2011, the City Commission adopted by Resolution No. 2011-27694 approving the Fiscal Year 2011/2012 One Year Action 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; (e) CHDO Operating Expenses: Those eligible reasonable and necessary costs forthe 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 19 V I ARTICLE II ALLOCATION OF HOME FUNDS In consideration for the performance by HOPE, Inc. of its role and responsibilities, as set forth in this Agreement,the City will provide HOPE, Inc.with FIVE THOUSAND DOLLARS($5,000)(the Funds), from its Fiscal Year 2011/2012 HOME Administration allocation to be used for eligible Fair Housing Education and Outreach Initiative expenses in accordance with the Scope of Services (Exhibit A) and Line-Item Operating Budget(Exhibit B). 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, 2011, and ending on September 30, 2012(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, 24 CFR PART 84.21 ("Standards for Financial Management Systems"). (b) HOPE, Inc. shall comply with the requirements of Executive Orders Nos. 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) 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 Page 2 of 19 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 in 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 in 24 CFR Part 146--Prohibits age discrimination in programs receiving federal financial assistance. (5) Equal Employment Opportunity, Executive Order 11246, and its implementing regulations in 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 in 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, or altered to provide accessibility to 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 in 24 CFR Part 100-115. 4. HOPE, Inc. must complete and submit the City's Disability Non-Discrimination Page 3 of 19 Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit"E". 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 [INTENTIONALLY OMITTED] ARTICLE VI METHOD OF PAYMENT The Funds shall be paid to HOPE, Inc. as follows: (a) HOPE, Inc. shall be paid for eligible Project Expenses, as set forth in the Budget (Exhibit B); based on actual costs; and with supporting documentation and requested using the standard Reimbursement Request (Exhibit C). HOPE, Inc. shall be paid only for those expenditures identified in the Budget. Project 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 Page 4 of 19 needed. In no event shall the City provide advance funding to HOPE, Inc., nor shall HOPE, Inc. advance Funds to any party. 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 be deemed to commence on October 1, 2011, and shall terminate on September 30, 2012. 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. Page 5 of 19 ARTICLE XII CONFLICT OF INTEREST Related Parties: HOPE, Inc. 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 non-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 all 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 City's 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 19 ARTICLE XIV REPORTS (1) Progress Reports. HOPE, Inc. agrees to submit a Quarterly Status Report (Exhibit C), which shall describe the progress made by HOPE, Inc. in achieving the objectives identified in the Scope of Services. The status report shall be submitted on the tenth day of January,April, July, and October. 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 during the previous year. The Annual Report shall cover the period of twelve(12) months, beginning October 1,2011 and ending September 30, 2012 and shall be received by the City by October 15, 2012. (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 City will 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.. At a minimum, at least one monitoring site-visit will be performed annually during the term of the contract. Documentation and information required is outlined in the Monitoring Summary(Exhibit D). Page 7 of 19 ARTICLE XVI COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS HOPE, Inc. shall comply with all 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. 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 to insure 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 as the entity which provided Funds for the Project. Such news releases and publicity shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH HOME PROGRAM" Page 8 of 19 In written materials, the words below shall appear in the same size letters or type as the name of HOPE, Inc.: "CITY OF MIAMI BEACH HOME PROGRAM FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF REAL ESTATE, HOUSING AND COMMUNITY DEVELOPMENT" ARTICLE XXI [INTENTIONALLY OMITTED] ARTICLE XXII ASSIGNMENT No part of this Agreement may be 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. Page 9 of 19 (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; (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, as set 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 Page 10 of 19 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 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 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 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 $5,000 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 $5,000 less any amounts actually distributed by the City to HOPE, Inc.Accordingly, and notwithstanding any other term or condition of this Agreement, HOPE, Inc. hereby agrees that the City shall not be liable to HOPE, Inc. for damages in an amount in excess of$5,000,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. Page 11 of 19 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 Miami-Dade County, Florida. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, if in federal court. 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 City of Miami Beach Office of Real Estate, Housing, and Community Development 1700 Convention Center Drive Miami Beach, FL 33139 HOPE, Inc.: Keenya Robertson, President & CEO Housing Opportunities Project for Excellence, Inc. 11501 NW 2nd Avenue Miami, FL 33168 or such address and to the attention of such other person as the City or HOPE, Inc. may from time to time designate by written notice to the other. Page 12 of 19 I ARTICLE XXXV MISCELLANEOUS a Title and paragraph headin s are for convenient reference and are not a art of this � ) 9 P 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. (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 ATTEST: ; V Secretary i at I G k 1`n o w•+ Keenya Robertson, President& CEO Print Name Print Name and Title CITY OF MIAMI BEACH a Florida Municipal corporation BE ATTEST: \P' City CI rk ATED o ',�� tti Herrera Bower M----- Print Name CH'26� rint Name and Title APPROVED AS TO 13 of 19 FORM&LANGUAGE &FOR EXECUTION Z4 I1 offmosy 4ra EXHIBIT A Scope of Services Page 14 of 19 HOME AGREEMENT October 1,2011 to September 30,2012 ATTACHMENT STATEMENT OF WORK AND GOALS DESCRIPTION OF PROGRAM To fund a set-aside for HOPE, Inc. to provide a Fair Housing Education Program. This activity will be funded through a line item in the HOME Administration budget. HOPE, Inc.'s Fair Housing Education and Outreach Initiative is designed to overcome the effects of conditions that limit fair housing choice, provide essential and detailed fair housing information, enforcement, counseling and referral services to all residents in the City of Miami Beach. Program activities ensure that the general public and protected classes become aware of fair housing laws and the means available to seek redress for fair housing rights violations, especially those at risk of experiencing housing discrimination based on their protected class status: e.g., race, color, religion, sex, disability, familial status, and national origin, age, marital status, or sexual orientation. The initiative is also structured to furnish developers, real estate brokers, property managers, financial institutions and the media advertising industry with the most current information necessary to comply with fair housing laws and to become fully aware of the existence, nature, extent and causes of fair housing issues. PROGRAM GOALS AND MEASURABLE OUTCOMES* 1. Conduct 2 Provider Training within the City of Miami Beach, which includes 1 training for City Employees. 2. Participate as a service provider in two(2)community events within the City of Miami Beach. 3. Distribute fair housing materials to ten(10) agencies within Miami Beach. 4. Conduct one county-wide Fair Housing Month luncheon within Miami-Dade. Page 1 of 1 EXHIBIT B Line-Item Budget Page 15 of 19 HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) BUDGET-FY 2011-2012 THE CITY OF MIAMI BEACH APRIL 2012-SEPTEMBER 2012 CITY OF OTHER ALL LINE ITEM DESCRIPTIONS MIAMI BEACH SOURCES SOURCES PERSONNEL SERVICES Fair Housing Counselor 2,017.05 38,323.95 40,341.00 Rob Collins Fair Housing Specialist 1,194.96 38,637.04 39,832.00 Vanester Turner Total Salaries 3,212.01 76,960.99 80,173.00 FICA 7.65%of Gross 245.72 5,887.52 6,133.23 Workers Comp. 1.3%of Gross 41.76 1,000.49 1,042.25 Unemployment Comp. $129 Per Employee 26.00 361.00 387.00 Group Insurance $4,015 Per Employee Per Year 803.00 11,242.00 12,045.00 Total Fringe 1,116.47 18,491.01 19,607.48 TOTAL PERSONNEL 4,328.48 95,452.00 99,780.48 OPERATING EXPENSES Advertising/Marketing/Promotions 221.52 4,398.48 4,620.00 Office Space Rental 0.00 41,651.00 41,651.00 Office Supplies 0.00 5,000.00 5,000.00 Printing Duplicating Quarterly Newsletters, Brochures 450.00 12,066.00 12,516.00 Telephone 5,389.00 5,389.00 TOTAL OPERATING EXPENSES 671.52 68,504.48 69,176.00 INDIRECT COST 33,975.25 33,975.25 Base for Direct Labor= 29.3% Base for Fringe Benefits= 20% BUDGET TOTALS 5,000.00 197,931.73 202,931.74 EXHIBIT C Reimbursement Request Page 16 of 19 Office of Real Estate, Housing & MIAMSEACH Community Development Phone: (305) 673-7260 Fax: (305) 673-7772 E-mail: richardbowman2D_miamibeachfl.gov Reimbursement Request Provider: Grant Num Address: City/Zip: Telephone: Contact Email: Submitted By: Funding Source: ❑CDBG-R ❑ HOME ❑NSP ❑ Other: Line Item_-Category Category Total Previous Requests Balance Available This Request Salaries &Wages $ _ $ - I- -_. ----------- --$- ----— Employee Benefits $ $ - $ - Program Operations $ - $ - ! $ - Equipment $ - $ - $ - Office Supplies $ - $ $ - Program Supplies $ - $ - $ - Other Operating $ - $ - $ - Other $ - $ - $ - • $ - Attached you will find invoices and/or canceled checks to substantiate the above expenditures. I certify that all goods and services have been received, they fall within the contractual scope of services and budget, and that these costs have not been paid or will be paid from any other funding source. I certify that all program income received has been substantially disbursed or will be disbursed within three (3)days of this request, in accordance with the provisions in 24 CFR 570.506, and that the amount of this request is additionally needed to pay invoices as listed. Authorized Signature Date Name &Title of Person Submitting Report Contact Telephone City ofmiaml Beach Lllse�Oly Date of Receipt: Approval Queue Date of Review: ! Approver: Signature Date Reviewed By: Program Monitor: Amount Authorized: $ Division Director: IDIS Drawdown: Department Director: EDEN Drawdown: Budget Officer: EXHIBIT D Quarterly Status Report Form Page 17 of 19 MIAMIBEACH Quarterly Project Summary (Non-construction) Office of Real Estate, Housing&Community Development Project • Repoffi'ng Agency Project IDIS Activity #: EDEN Account#: Grant Program ❑ CDBG 11 ❑ CDBG-R I ❑ HOME I ❑ NSP I ❑ SHIP Reporting Period ❑ October/11 ❑ November/11 ❑ December/11 ❑ January/12 ❑ February/12 ❑ March/12 ❑April/12 ❑ May/12 ❑ June/12 ❑ July/12 ❑ August/12 ❑ September/12 Please provide a narrative summary for each service category, as applicable. Project Management (includes: 1. Operational issues affecting the project; 2. Problems encountered; and 3. Financial progress narrative. Please be detailed in your response.) Percenta ge of Completion s eo Beneficiaries (includes 1: Outreach efforts to engage target population; 2. Specific client-related issues; and 3. Individual success stories. Please be detailed in your response.) Prepared By igna ure Date EXHIBIT E Monitoring Summary Page 18 of 19 EXHIBIT E Monitoring Summary Administration/Financial Management Includes organizational structure, Board of Directors, personnel records, maintenance of appropriate insurances, written operational policies and procedures, maintenance of an adequate financial management system, fiscal year audit report and findings, and maintenance of the City contract documentation. General Files Maintenance Includes overall submission of required reports (both financial and narrative), documentation on project staff as necessary, maintenance of correspondence with the City, and the maintenance of original program application and amendments. Procurement Includes the maintenance of a written procurement policy/procedure, and actual sample of process to determine issuance and publicizing of RFP, number of proposals received,evaluation criteria and procedure, use of sealed bid process, and the actions taken to solicit proposals from minority/women-owned businesses and local residents. Contracts Management Includes sampling of contracts to determine if all appropriate HUD required language/references are included, such as Title VI and Title VIII of the Civil Rights Act, Americans with Disabilities Act, Copeland Anti-Kickback Act, Davis-Bacon Act, etc. Also review of bid guarantee, performance/payment bond requirements, and wage rate determination. Programmatic Evaluation Includes review of the internal evaluation plan for the achievement of project goals, maintenance of necessary Environmental Review file, maintenance of Labor Standards records, maintenance of Section 3 records, and EEO, Affirmative Action, Fair Housing plans/policies. Acquisition and Relocation If real property was acquired were proper URA guidelines followed and appropriate documentation maintained. EXHIBIT F Certifications Page 19 of 19 CERTIFICATION REGARDING LOBBYING Name of Recipient: CITY OF MIAMI BEACH Name of Organization: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. Grant Program Name: HOME INVESTMENT PARTNERSHIP PROGRAM Grant Number: M-11-MC-12-0212 The undersigned certifies, to the best of his or her knowledge and belief,that: 1. 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. 3. 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. gbo orl l� ig ture Date Keenya J. Robertson LPj P Print Name of Authorized Signatory Print Title of Authorized Signatory CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name of Recipient: CITY OF MIAMI BEACH Name of Organization: HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. Grant Program Name: HOME INVESTMENT PARTNERSHIP PROGRAM Grant Number: M-11-MC-12-0212 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): Ai-d--p f- 1-rnu.:�.� Fair Housing Enforcement, Education & Counseling Services 11501 N. W. 2"' Avenue Miami, FL 33168 HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,INC. fir) S'ignA a d7 Dat Keenya J. Robertson O Print Name of Authorized Signatory Print Title of Authorized Signatory ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION A>F'FIDAVIT CONTRACT REFERENCE HOME CONTRACT Fiscal Year 2011/2012 NAME OF ORGANIZATION: Housing Opportunities Project for Excellence, Inc. AUTHORIZED AGENT COMPLETING AFFIDAVIT Keenya J. Robertson POSITION President& CEO PHONE NUMBER I, Keenya J. Robertson, being duly first sworn state: That the above 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, 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 W, 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. Si atu at SUBSCRIBED AND SWORN TO(or affirmed) before me on by (Date) WO& He/She is personally known to me or has (Affiant) presented — as identification. (Type of identification) -Itm of Rma (Signat a Nota ) (Serial Number) MY CW=-6On 009 14,M5 MI /14dy-5 C=MWW=I a ism? Currrer-o ,�;R.•� BOW TftM ftftd 001 Ama (Print or Stamp Nalhe of Notary) (Expiration Date) Notary Public I— / r (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.