2012-27990 Reso RESOLUTION NO: 2012-27990
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
LETTER OF AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE STATE OF FLORIDA,THROUGH ITS AGENCY
FOR HEALTH CARE ADMINISTRATION; SUBJECT TO AND
CONDITIONED UPON A FORMAL WRITTEN
ACKNOWLEDGEMENT BY MT. SINAI THAT THE CITY'S
APPROVAL AND EXECUTION OF THE AFORESTATED LETTER
AGREEMENT SATISFIES AND RELEASES THE CITY'S
OBLIGATIONS UNDER THE 2008 MEMORANDUM OF
UNDERSTANDING("MOU")BETWEEN THE CITY AND MT.SINAI
FOR THE LOWENSTEIN BUILDING WORKFORCE HOUSING
PROJECT; FURTHER APPROPRIATING $250,000 FOR THE
LETTER AGREEMENT(REPRESENTING THE AMOUNT OF WHAT
WOULD HAVE BEEN THE CITY'S CONTRIBUTION TO MT.SINAI
UNDER THE MOU).
WHEREAS, under a 2008 MOU between the City and Mt. Sinai Medical Center
(the"MOU"), the City agreed to contribute funding from the Miami Beach Health Facilities
Authority ("MBHFA"), in the amount of$250,000, toward a capital project to be undertaken
by Mt. Sinai involving the renovation of the second and third floors of the Lowenstein
Building to provide "workforce housing" (i.e., in this case, to create rental housing for
essential services personnel, with a focus on registered nurses); and
WHEREAS, Mt. Sinai agreed to fund, or ascertain the funding for, the balance
necessary to complete the aforestated workforce housing project; and
WHEREAS, the project has been completed; and
WHEREAS, MBHFA derives its funds from Annual Bond Fees charged to Mt. Sinai
for the issuance of its MBHFA bonds; and
WHEREAS, the MBHFA met on July 12, 2012, and approved the issuance of
$145,000,000 of the MBHFA Revenue Refunding Bonds for Mount Sinai Medical Center;
and
WHEREAS,the MBHFA also approved the payment of the City's MOU contribution,
in the amount of $250,000, to Mt. Sinai for the workforce housing project; and
WHEREAS, in lieu of making the aforestated payment directly to Mt. Sinai, Mt. Sinai
has requested that the City enter into a Letter of Agreement with the State of Florida,
through its Agency for Health Care Administration, whereby the City would remit the
$250,000 to the State, and those monies would be used to increase the provision of
Medicaid funded health services through the buyback of Medicaid inpatient and outpatient
trend adjustments; and
WHEREAS, it is further recommended that the City Commission's approval and
execution of the Letter of Agreement with the State be conditioned upon Mt.
Sinai's agreement that the Letter of Agreement satisfies the City's outstanding obligation to
pay Mt. Sinai the $250,000 under the 2008 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and the Mayor And City Clerk are authorized to execute a
Letter Of Agreement Between the City of Miami Beach and the State Of Florida, through Its
Agency For Health Care Administration, subject to and conditioned upon a formal written
acknowledgement by Mt. Sinai that the City's approval and execution of the aforestated
letter agreement satisfies and releases the City's obligations under the 2008 MOU between
the City and Mt. Sinai for the Lowenstein building workforce housing project; further
appropriating $250,000 for the letter agreement (representing the amount of what would
have been the City's contribution to Mt. Sinai under the MOU.
PASSED and ADOPTED this /� + day of , 2012.
Mayor
ATTEST:
City rl�• '•
T:\AGENDA\2012\9-12-12\MS LQ9 I4E•O.D
�.INCORP
ORATED,
•° ;�0)cH 26
APPROVED AS TO
FORM S LANGUAGE
&FOR EXECUTION VAN
City Att®m Date
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving and authorizing the Mayor and City Clerk to execute a letter of agreement between
the City and the State of Florida through its Agency for Health Care Administration, and appropriating the
$250,000.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the City Commission approve the Letter of Agreement?
Item Summa /Recommendation:
Under a 2008 MOU between the City and Mt. Sinai Medical Center , the City agreed to
contribute funding from the Miami Beach Health Facilities Authority("MBHFA"), in the amount of
$250,000, contingent on MBHFA approval, toward a capital project to be undertaken by Mt.
Sinai, involving the renovation of the second and third floors of the Lowenstein Building to
provide "workforce housing" (i.e. in this case, to create rental housing for essential services
personnel,with a focus on registered nurses). Mt. Sinai agreed to fund the balance necessary to
complete the project and the project has been completed.
At this time, in lieu of payment directly to Mt. Sinai, Mt. Sinai has requested that the City enter
into an agreement with the State of Florida, through its Agency for Health Care Administration,
whereby the City, through the MBHFA, would remit the $250,000 to the State, and the monies
would be used to increase the provision of Medicaid funded health services through the buyback
of Medicaid inpatient and outpatient trend adjustments.
It is recommended that the City Commission's approve and execute the Letter of Agreement
with the State be conditioned upon Mt. Sinai's agreement that the City-State Letter Agreement
satisfies the City's outstanding obligation to pay Mt. Sinai the $250,000 under the 2008 MOU.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1
None 2
3
OBPI Total
Financial Impact Summary:
City Clerks Office Legislative Tracking:
Kevin Crowder, Economic Development
Sign-Offs:
Department Director 'stant City Manager City pager
AGENDA ITEM C 7 L
MI A C H
AMIBE DATE
NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager x,/ .
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA,
THROUGH ITS AGENCY FOR HEALTH CARE ADMINISTRATION (THE
"LOA"), AND APPROPRIATING $250,000 SUBJECT TO AND
CONDITIONED UPON A FORMAL WRITTEN ACKNOWLEDGEMENT BY
MT. SINAI MEDICAL CENTER THAT THE CITY'S APPROVAL AND
EXECUTION OF THE AFORESTATED loa SATISFIES AND RELEASES THE
CITY'S OBLIGATIONS UNDER THE 2008 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND MT SINAI
TO PROVIDE "WORKFORCE HOUSING' IN THE LOWENSTEIN BUILDING
(THE"MOU")
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND AND ANALYSIS
Under a 2008 MOU between the City and Mt. Sinai Medical Center , the City agreed to
contribute funding from the Miami Beach Health Facilities Authority ("MBHFA"), in the
amount of$250,000, toward a capital project to be undertaken by Mt. Sinai, involving the
renovation of the second and third floors of the Lowenstein Building to provide
"workforce housing" (i.e. in this case, to create rental housing for essential services
personnel, with a focus on registered nurses). Mt. Sinai agreed to fund the balance
necessary to complete the aforestated project..The project has been completed.
MBHFA derives its funds from Annual.Bond Fees charged to Mt. Sinai for the issuance
of its MBHFA bonds. The MBHFA met on July 12, 2012, and approved the issuance of
$145,000,000 of the MBHFA Revenue Refunding Bonds for Mount Sinai Medical Center,
and additionally approved the payment of the City's contribution, in the amount of
$250,000 to Mt. Sinai for the aforestated workforce housing project.
At this time, in lieu of the City making the $250,000 payment directly to Mt. Sinai, Mt.
Sinai has requested that in the alternative, the City enter into a Letter of Agreement with
the State of Florida, through its Agency for Health Care Administration, whereby the City,
would remit the $250,000 (which are MBHFA funds) to the State, and these monies
would be used to increase the provision of Medicaid funded health services through the
buyback of Medicaid inpatient and outpatient trend adjustments.
The Administration has no objection to Mt Sinai's request. Additionally, the request is
approved by, and permitted under State law as an intergovernmental transfer. Should
the City Commission approve Mt. Sinai's request, the Administration further
recommends that the City Commission's approval and execution of the Letter of
Agreement with the State be conditioned upon Mt. Sinai's agreement that the City-State
Letter Agreement satisfies the City's outstanding obligation to pay Mt. Sinai the City's
$250,000 contribution under the 2008 MOU.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
Resolution.
KGB:PDW
Attachments:
2008 MOU , Commission Memorandum and Resolution
f
e
Letter of Agreement
THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of
, 2012, by and between the City of Miami Beach, (the City) and the State of Florida,
through its Agency for Health Care Administration, (the Agency),
1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2012-2013,
passed by the 2012 Florida Legislature, the City and the Agency agree that the City will
remit to the State an amount not to exceed a grand total of$250,000.
a. The City and the Agency have agreed that these funds will only be used to
increase the provision of Medicaid funded health services to the people of the
City and the State of Florida at large.
b. The increased provision of Medicaid funded health services will be accomplished
through the buy back of the Medicaid inpatient and outpatient trend adjustments
up to the actual Medicaid inpatient and outpatient cost but not to exceed the
amount specified in the Appropriations Act for public hospitals, including any
leased public hospital found to have sovereign immunity, teaching hospitals as
defined in section 408.07 (45) or 395.805, Florida Statutes, which have seventy
or more full-time equivalent resident physicians, designated trauma hospitals and
hospitals not previously included in the GAA.
2. The City will pay the State an amount not to exceed the grand total amount of$250,000.
The City will transfer one lump sum payment to the State in the following manner:
a. A lump sum payment of$250,000 is due upon notification by the Agency, no later
than October 1, 2012.
3. Timelines: This agreement must be signed and submitted to the Agency no later than
October 1, 2012, to be effective for SFY 2012-2013.
4. The City and the State agree that the State will maintain necessary records and
supporting documentation applicable to Medicaid health services covered by this Letter
of Agreement. Further, the City and State agree that the City shall have access to these
records and the supporting documentation by requesting the same from the State.
5. The City and the State agree that any modifications to this Letter of Agreement shall be
in the same form, namely the exchange of signed copies of a revised Letter of
Agreement.
6. The City confirms that there are no pre-arranged agreements (contractual or otherwise)
between the respective counties, taxing districts, and/or the hospitals to re-direct any
portion of these aforementioned Medicaid supplemental payments in order to satisfy
non-Medicaid activities.
SFY 2012-13 Buyback LOA Page 1
7. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement
Plan reflecting 2012-13 legislative appropriations being approved by the federal Centers
for Medicare and Medicaid Services.
8. The Agency will reconcile the difference between the amount of the IGTs used by or on
behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend
adjustments or exemptions from reimbursement limitations for SFY 2011-12 and an
estimate of the actual annualized benefit derived based on actual days and units of
service provided. Reconciliation amount may be incorporated into current year (SFY
2012-13) LOAs.
9. This Letter of Agreement covers the period of July 1, 2012 through June 30, 2013 and
shall be terminated June 30, 2013.
End of Agreement— Signature Page Follows.
SFY 2012-13 Buyback LOA Page 2
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
The City of Miami Beach State of Florida
Signature Phil E. Williams
Assistant Deputy Secretary for Medicaid Finance,
Agency for Health Care Administration
Name
Title
SFY 2012-13 Buyback LOA Page 3
RESOLUTION NO. 2008-26741
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND
MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., FOR
THE PURPOSE OF SUBMITTING A GRANT APPLICATION
TO THE COMMUNITY WORKFORCE HOUSING
INNOVATION PILOT PROGRAM ADMINISTERED BY THE
FLORIDA HOUSING FINANCE CORPORATION; FURTHER
AUTHORIZING THE SUBMISSION OF SAID GRANT
APPLICATION.
WHEREAS, during the 2006 Florida Legislative Session, the Florida Legislature
approved House Bill No.1363, establishing a pilot program entitled the Community
Workforce Housing Innovation Pilot Program (CWHIP or the Program); and
WHEREAS, the purpose of said Program is to provide affordable rental and
homeownership workforce housing for essential services personnel; and
WHEREAS, said Program requires that proposals be from a public-private
partnership,with said partnership to include substantial involvement from the public sector
partner; and
WHEREAS, Mount Sinai Medical Center(Mount Sinai)has identified housing as one
of the issues that negatively impacts its ability to recruit trained nursing staff; and
WHEREAS, on January 17, 2007, the Mayor and City Commission adopted
Resolution No. 2007-26430,authorizing the execution of a Memorandum of Understanding
(MOU)between the City and Mount Sinai for the purpose of submitting a grant application
for the 2007 cycle of the CWHIP Program; and
WHEREAS,the Florida Housing Finance Corporation (FHFC)administers affordable
housing programs funded by the State of Florida and evaluates grant applications and
other requests for State housing funds; and
WHEREAS,the application was subsequently not recommended for funding by the
FHFC; and
WHEREAS, the City and Mount Sinai wish to re-apply to the Program for the 2008
grant cycle;the deadline for submitting a grant proposal to the CWHIP Program is January
29, 2008; and
WHEREAS,concurrent with the new application,the City and Mount Sinai intend to
submit the same MOU submitted in 2007, which provides that upon a grant award by the
FHFC, Mount Sinai will rehabilitate seventy-six(76)apartments in the Lowenstein Building,
said building located on the campus of Mount Sinai, for the purpose of providing rental
housing for the Mount Sinai workforce; and
WHEREAS, the proposed MOU also contemplates that,following the award of the
grant funding by the FHFC, the City Administration will request that the Miami Beach
Health Facilities Authority (HFA) convene to adopt a resolution donating surplus funds in
the HFA account that remain at the end of the fiscal year, to the City, to be appropriated
and disbursed by the City in accordance and consistent with Chapter 154.201 — 247
Florida Statutes (the "Health Facilities Authorities Law"); and
WHEREAS, provided that the HFA approves the aforestated resolution the
o PP
Administration will further recommend that the City Commission appropriate and disburse
said funds to Mount Sinai, in an amount not to exceed $250,000,for the Project,as follows:
$120,000 in calendar year 2008; $120,000 in calendar year 2009; and $10,000 in calendar
year 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the execution of a Memorandum of Understanding between
the City of Miami Beach and Mount Sinai Medical Center of Florida, Inc.,for the purpose of
submitting a grant application to the Community Workforce Housing Innovation Pilot
Program, and further authorize the submission of said grant application.
PASSED and ADOPTED this 16th day of January , 2008.
Mayor
Matti H. Bower
ATTEST:
WpROVED AS T
City Clerk FORM& C1JTb G
Robert Parcher
FOR EXE
T:IAGENDA1200WANUARY 161CONSENTVASMC RESO.DOC 0
Memorandum of Understanding
Between
City of Miami Beach, Florida
And
Mount Sinai Medical Center of Florida, Inc.
THIS MEMORAMDUM OF UNDERSTANDING is made this. day
of January, 2008 by and between the undersigned representative the City of
Miami Beach ("CMB"), a Florida municipal corporation located at 1700
Convention Center Drive, Miami Beach, Florida 33139 and Mount.Sinai Medical
Center of Florida, Inc. ("MOUNT SINAI"),,a not-for-profit corporation organized
and existing under the laws of the State of Florida, located at 4300 Alton Road,
Miami beach, Florida 33140.
WHEREAS; CMB recognizes the importance of MOUNT SINAI$s role in
providing health care to the citizens of CMB; and
WHEREAS, MOUNT SINAI is the largest single employer located within
Miami Beach; and
WHEREAS, CMB has identified improving access to labor, increasing
affordable housing, and attracting and maintaining a quality workforce as Key
Intended Outcomes of the CMB's Five-Year Vision and Strategic Plan; and
WHEREAS, as an entitlement jurisdiction and recipient of State Housing
Initiatives Partnership (SHIP), Community Development Block Grant (CDBG),
and HOME Investment Partnership (HOME) funding, CMB has significant
experience in the development of affordable housing and in complying with
numerous multi jurisdictional guidelines and regulations; and
WHEREAS, CMB has defined . income qualifying employees of_ the
healthcare industry as Essential Services Personnel (ESP) in its State Housing
Initiatives Partnership (SHIP) program and Local Housing Assistance Plan
(LHAP); and
WHEREAS, CMB has codified a master plan process to guide the future
development and growth of MOUNT SINAI, including innovative initiatives such
as density bonuses for the provision of such items as affordable housing and
child care services by MOUNT SINAI; and
WHEREAS, CMB and MOUNT SINAI desire to make a formal
commitment to address workforce housing for healthcare ESP's by proposing a
workforce housing project to the Florida Housing Finance Corporation's ("FHFC")
Page 1 of 6
Community Workforce Housing Innovation Program ("CWHIP"), that leverages
public and private resources.
NOW, THEREFORE, in consideration of the mutual agreements and
covenants contained herein and for other good and valuable consideration, the
receipt of which is' hereby acknowledged, it is mutually agreed and covenanted,
under seal, by and between the parties to this Agreement, as follows:
1. Representations of(MOUNT SINAI
a. Upon award of the CWHIP grant, MOUNT SINAI commits to rehabilitate the
second and third floors of the Lowenstein Building, consisting of seventy-six (76)
apartments, to create affordable workforce housing for ESP's employed at Mount
Sinai. These units will be used as workforce housing for income-eligible
individuals for fifty (50) years (the Affordability Period), commencing from the
date FHFC awards CWHIP funding to the MOUNT SINAI-CMB public-private
partnership. Mount Sinai will manage the Lowenstein Building and ensure that
FHFC rental rates, ESP, and affordability period requirements under CWHIP are
met throughout the fifty (50) year Affordability Period.
b. MOUNT SINAI shall submit to CMB for approval the proposed rents for the
CWHIP units. CMB shall approve submitted rents if such rents comply with
applicable FHFC and CWHIP Program standards.
c. MOUNT SINAI shall provide CMB with the initial tenant list, and any and all
subsequent updates, amendments and modifications thereto, with documentation
for all tenants in the CWHIP units confirming income and job description.
d. Annually, MOUNT SINAI shall deliver to CMB's Housing Division, by October
31St of each calendar year, during the Affordability Period, a list that includes
names of tenants, income and job description, rents charged, and the
occupancy/vacancy factor of each- unit for the prior fiscal year (October 1St
through September 30th).
e. MOUNT SINAI shall indemnify and hold harmless CMB from any and all
claims, liabilities, losses, and causes of action which arise out of any act,
omission, negligence or misconduct on the part of MOUNT SINAI or any of its
agents, servants, employees, contractors, patrons, guests, patients, or invitees.
MOUNT SINAI further shall indemnify and.hold harmless CMB from any and all
claims or repayment requirements imposed by FHFC or any other State agency
related to MOUNT SINAI's failure and/or inability to comply with any and all
requirements and guidelines of the CHWIP Program. The indemnifications
contained herein are intended by the parties to survive termination of this MOU.
Page 2 of 6
2. Representations of CMB
a. Upon grant approval, and provided further that (i) the CMB Health Facilities
Authority approves a declaration of a surplus and funding recommendation, and
(ii) the funding award, CMB shall contribute $250,000 toward the total costs of
rehabilitation of the Lowenstein Building's second and third floors.
b. As a participant in this project, CMB Administration shall appear before the
Health Facilities Authority to present the project with MOUNT SINAI and
recommend in favor of funding this project, in the amount of $120,000 in 2008;
$120,000 in 2009; and $10,000 in 2010.
c. CMB Administration shall develop a Workforce Housing Funding Partnership
Agreement with MOUNT SINAI for the use of HFA funding (if recommended by
the HFA). Notwithstanding the preceding sentence, said Workforce Housing
Funding -Partnership Agreement shall be subject to and contingent upon final
approval by the CMB Commission.
d. CMB shall review in a timely manner all documents submitted by MOUNT
SINAI pursuant to this Agreement including the proposed rents, the initial tenant
list, and the annual report. City shall respond to MOUNT SINAI with 'the
necessary approval or denial of said documents, within a-reasonable.time period.
e. CMB shall review and approve the proposed rents for the CWHIP units, said
approval shall not be unreasonably withheld upon determination by CMB that the
proposed rents comply with - the applicable FHFC and CWHIP Program
standards.
f. Consistent with the LHAP approved by the Miami Beach City Commission for
the expenditure of SHIP funds, CMB shall apply certain affordable housing
incentives as it deems reasonably necessary, to this workforce housing project,
including expedited processing of permits.
g. CMB shall work with MOUNT SINAI to conduct concurrent, rather than
sequential, review of all City review and approval of building plans related to this
project.
3. Terre and Termination
a. The term of the MOU shall commence following approval by the Mayor and
City Commission and execution by the parties hereto, and shall be on the date
first written above and shall continue for a term of fifty (50) years or until such
time that it is replaced by the Workforce Housing Funding Partnership
Page 3 of 6
Agreement, in the event that such agreement is approved by the CMB
Commission.
b. This MOU may be terminated by MOUNT SINAI with not less than one
hundred twenty (120) days prior written notice of intent to discontinue CHWIP
eligible activity at the project site and compliance with all related FHFC and
CHWIP regulations and Section 1.e of this MOU. In the event that this MOU is
terminated by MOUNT SINAI prior to completion of eligible activity at the project
site, or in violation of or non-compliance with all related FHFC and CWHIP
regulations, and/or non-compliance with any term and/or provision of this
Agreement, MOUNT SINAI acknowledges and agrees that the City shall have no
liability, whether to MOUNT SINAI, FHFC, and or any other State agency and/or
any other third parties, and MOUNT SINAI shall fully indemnify 'and hold
harmless the CMB for any claims and/or causes of actions (individually without
limitation, repayment of any monies imposed by FHFC and/or any other State
Agency).
c. This MOU may be terminated by CMB with not less than one hundred twenty
(120) days prior written notice of MOUNT SINAI's failure to cure a determination
by CMB or any other authorized entity such as FHFC that the project is not in
compliance with all related FHFC and CHWIP regulations or the terms of this
MOU. Additionally, in the event of termination by the CMB, MOUNT SINAI shall
continue to indemnify and hold the City harmless, and the City's. rights and
remedies. shall be the same as set forth in Section i(e) and 3(b), respectively, of
the Agreement.
4. Notifications
All notifications shall be in writing:
If to MSMC: Mount Sinai Medical Center of Florida, Inc.
Warner Building, 5th Floor
4300 Alton Road
Miami Beach, FL 33140
Attention: Mirene Charles, Director of Government Relations
Copy to: Mount Sinai Medical Center of Florida, Inc.
Warner Building, 5th Floor
4300 Alton Road
Miami Beach, FL 33140
Attention: General Counsel
Page 4 of 6
If to CMB: City of Miami Beach
Attention: Kevin Crowder, Economic Development Director
1700 Convention Center Drive
Miami Beach, FL 33139
Copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Housing & Community Development Division
5. .Governing Law
This MOU shall be governed and construed in accordance with the laws of the
State of Florida. 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 and all the terms or conditions herein, exclusive venue for
the enforcement of same shall lie in Miami-Dade County, Florida. CMB and
MOUNT SINAI hereby knowingly and intentionally waive the right to trial by jury
in any action or proceeding that CMB and MOUNT SINAI may herein after
institute against each other with respect to.any matter arising out of or related to
this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 5 of 6
IN WITNESS WHEREOF, MOUNT SINAI and.CMB have executed this Agreement
as of the day and year first written above by their duly authorized representatives.
Mount Sinai Medical Center of Florida, Inc.
By:
Name: Steven D. Sonenreich
Title: resident & CE
Attest.
Signature l00Ta r
PRISCILLA FRIEDLAND
:.: MY COMMISSION 4 OD 543864
EXPIRES:August 23,2010
Print Name/Title WKWT''r"'�o"PimUn* dtm
City of Miami Beach
By:
a �e,: Matfti-R I Bowe
Title: Mayor
Attest:
Name: Robert Parcher
Title: City Clerk '
APPROVED AS TO
FORD&LANGUAGE
&FOREXECUTION
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t I.si
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Page 6 of 6