CDBG Agreement with Housing Opportunities Project HOPE $5,000 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.)
This Agreement made and entered into this // day of &11�0012, by and between
the CITY OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.), a non-
for profit corporation having its principal office at 18441 NW 2"d Avenue, Suite 218, Miami
Gardens, Florida, 33169 (hereinafter referred to as "Provider").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and
Urban Development (HUD) grant programs, Community Development Block Grant (CDBG)
funds, and HOME Investment funds (HOME), and the City expects to continue to receive
entitlement funds from these grant programs to operate the City's housing and community
development activities; and
WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it
intends to allocate funds received from HUD to conduct eligible activities for the benefit of low
and moderate-income Miami Beach residents; and
WHEREAS, on Ma y 18, 2012, the City's Community Development Advisory
Committee (CDAC) approved the funding recommendation of the One-Year Action Plan for
Fiscal Year(FY) 2011/2012 activities; and
WHEREAS, in accordance with HUD regulations and the City's Citizen Participation
Plan concerning the preparation of the One-Year Action Plan, the Administration held two (2)
public meetings, receiving citizens' comments, and advertised a 30-day citizen comment
period, from June 18, 2012, through July 17, 2012; and
WHEREAS, on July 18, 2012, the City Commission approved Resolution No. 2012-
27655 approving the One-Year Action Plan for Federal -Funds for FY 2012/2013, and
providing CDBG funds, in the amount of $5,000, to Housing Opportunities Project for
Excellence, Inc. for the Fair Housing Education and Outreach Initiative located at 11501 NW
2nd Ave, Miami, FL 33168
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the
City and Provider agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement
and the following four (4) attachments, all of which are attached and
incorporated in this Agreement:
• Attachment I - Statement of Work and contains a description of the Program.
• Attachment II - Budget Summary.
• Attachment III -Financials for CDBG-funded activities.
• Attachment IV-Applicable federal regulations.
Section 2. Statement of Work: The Provider agrees to implement the Program in
accordance with Attachments I and II, and as summarized as follows:
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Fair Housing Education and Outreach Initiative
The Federal Fair Housing Act, Section 8008(e)(5), requires the Secretary of the
U.S. Department of Housing and Urban Development (HUD) to administer
HUD's housing and urban development programs in a manner as to
affirmatively further fair housing (AFFH). All localities that are direct recipients
of CDBG funds from HUD are required to conduct an assessment of the
barriers to housing choice and to develop a plan for overcoming the
impediments identified. Although the grantee's AFFH obligation arises in
connection with the receipt of Federal funding, its AFFH obligation is not
restricted to the design and operation of HUD-funded programs at the State or
local level. The AFFH obligation extends to all housing and housing-related
activities in the grantee's jurisdictional area whether publicly or privately funded
(U.S. Department of Housing and Urban Development Office of Fair Housing
and Equal opportunity, Fair Housing Planning Guide; Chapter 1, Section 1.2, 1-
1).
The Consolidated Plan regulations (24CFR 91) require a certification by each
jurisdiction that it will AFFH, which requires Fair Housing Planning. Fair
Housing Planning entails: 1) implementation of action plans to eliminate any
identified impediments; and 2) maintenance of AFFH records, corresponding
with implementation of the Consolidated Plan every three to five years.
Objective: To provide technical assistance to the City 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.
Action Steps:
1. Conduct four (4) Fair Housing/Predatory Lending educational outreach
sessions (one (1) per quarter) benefiting the City 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 with: (1) fair housing
counseling; (2) predatory lending; and (3) affordable housing and other
housing related referrals.
3. Publish and distribute at least two (2) issues of The Forum newsletter for
distribution to municipal staff, elected officials, service providers and
community members. The City will receive credit in the printing of the
newsletter for its part in its publishing and distribution.
To fund this activity the CDBG funding will be supplemented with a $5,000 set-
aside of HOME Program Administration funds.
Section 3. Agreement Amount: The City agrees to make available FIVE THOUSAND
DOLLARS ($5,000) for use by the Provider during the Term of the Agreement
(hereinafter, the aforestated amount including, without limitation, any additional
amounts included thereto as a result of a subsequent amendment(s) to the
Agreement, shall be referred to as the"Funds").
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Section 4. Alterations: Any proposed changes in the Program including, without
limitation, the Budget in Attachment II, shall first be submitted, reviewed, and
approved, in writing, by the City Manager, which approval, if given at all, shall
be at his/her sole reasonable judgment and discretion.
Section 5. Method of Payment and Reporting Requirements: During the Term,
Provider shall submit quarterly Program progress reports to the City on the 10th
day of January, April, July and October, respectively. As part of the report
submitted in October, the Provider also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities, and
expenditures, and including, but not limited to, performance data on client
feedback with respect to the goals and objectives outlined in Attachment I.
Attachment III contains reporting forms to be used in fulfillment of this
requirement. Other reporting requirements may be required by the City
Manager in the event of Program changes; the need for additional information
or documentation arises; and/or legislative amendments are enacted. Reports
and/or requested documentation not received by the due date shall be
considered delinquent and may be cause for default and termination of this
Agreement, pursuant to Section 12 hereof.
Section 6. Monitoring: At its discretion, the City may schedule at least one (1)annual on-
site monitoring visit with the Provider to evaluate the progress of the Program,
and/or to provide technical assistance. At the City's option, a desk top review
of the activities may be conducted in lieu of an on-site visit.
Section 7. Additional Conditions and Compensation: The parties acknowledge that
the Funds originate from CDBG grant funds from HUD, and must be
implemented in full compliance with all of HUD's rules and regulations. In the
event of curtailment or non-production of said federal funds, the financial
sources necessary to continue to pay the Provider all or any portions of the
Funds will not be available. In that event, the City may terminate this
Agreement, which termination shall be effective -as of the date that it is
determined by the City Manager, in his/her sole discretion and judgment, that
the Funds are no longer available. In the event of such termination, the
Provider agrees that it will not look to, nor seek to hold the City, nor any
individual member of the City Commission and/or City Administration,
personally liable for the performance of this Agreement, and the City shall be
released from any further liability to Provider under the terms of this
Agreement.
Section 8. Compliance with Local, State and Federal Regulations - The Provider
agrees to comply with all applicable Federal regulations as they may apply to
Program administration and to carry out each activity in compliance with the
laws and regulations as described in 24 CFR 570 Subpart K, as same may be
amended from time to time. Additionally, the Provider will comply with all State
and local (City and County) laws and ordinances hereto applicable. It shall be
the Provider's sole and absolute responsibility to continually familiarize itself
with any and all such applicable Federal, State, County, and City regulations,
laws, and/or ordinances.
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Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for benefits under
covered activities funded by the CDBG Program. "Benefits" under this section
means financial assistance, public services, jobs, and access to new or
rehabilitated housing and other facilities made available under activities funded
by the CDBG Program. "Benefits" do not include relocation services and
payments to which displacees are entitled by law.
Section 10. Assignment/Subcontract: 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 judgement.
Section 11. Terra: This Agreement shall commence on October 1, 2012, and terminate on
September 30, 2013, (the Term), with the understanding that at, the end of the
Term, the City Commission has the authority to reappropriate any remaining
unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by
the City, for convenience and without cause, through the City Manager,
upon 30 days prior written notice to Provider. In the event of such
termination for convenience, the City shall cease any payments to
Provider for costs resulting from obligations which were not approved
before the effective date of termination. Provider shall be solely
responsible for immediately returning any unused or unapproved Funds as
of the date of termination, and shall also be solely responsible for
submitting a final report, as provided in Section 5 hereof, (detailing all
Program objectives, activities and expenditures up to the effective date of
the termination). Said final report shall be due within five (5)working days
following the effective date of termination. Upon timely receipt of
Provider's final report, the City, at its sole discretion, shall determine the
amount (if any) of any additional portion of the Funds to be returned to the
City as a result of any unapproved or unused Funds, or incomplete
Program items, and shall provide Provider with written notice of any
monies due. Said additional monies shall be due and payable
immediately upon receipt of such notice by Provider. Notwithstanding the
preceding, the City reserves any and all legal rights and remedies it may
have with regard to recapture of all or any portion of the Funds, or any
assets acquired or improved in whole or in part with said Funds.
12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the
City may also terminate this Agreement for cause. "Cause" shall include,
but not be limited to, the following:
a. Failure to comply and/or perform, in accordance with the terms of this
Agreement, or any Federal, State, County or City law, or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete
in any material respect.
C. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
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d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/requested by the
City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined
by the City's monitoring and applicable HUD rules and regulations.
The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include: (i) actions taken by or to be
taken by the City, such as withholding of payments; (ii) actions to be taken by
the Provider as a condition precedent to curing the default; and (iii) a
reasonable cure period, which shall be no less than thirty (30) days from
notification date. In the event the Provider fails to cure such default within
the aforestated cure period, this Agreement shall be considered terminated
for cause, without requiring further notice to Provider, and Provider shall be
solely responsible for repayment to the City of all or any portion of the Funds
disbursed to Provider, as deemed required by the City, in its sole and
reasonable discretion. Said monies shall be immediately due and payable by
Provider. Notwithstanding the preceding, the City reserves any and all legal
rights and remedies it may have with regard to recapture of all or any portion
of_the Funds, or any assets acquired or improved in whole or in part with said
Funds.
12.3 Termination for Lack of Funds: In the event of curtailment of, or
regulatory constraints placed on the Funds by HUD, this Agreement will
terminate, effective as of the time that it is determined by the City Manager
that such Funds are no longer available. Costs of the Provider incurred
after termination are not allowable unless expressly authorized in writing
by the City Manager (whether in the notice of termination or subsequent
thereto), and, in that case, may only be allowable if, in the sole discretion
of the City Manager:
a. The costs resulted from obligations which were properly incurred
before the effective date of termination, were not in anticipation of it,
and are noncancelable; and
b. The costs would be allowable if the Agreement expired normally at
the end of its Term.
Section 13. Equal Employment Opportunities: The Provider shall comply with equal
employment opportunities as stated in Executive Order 11246, entitled "Equal
Employment Opportunity" as amended Executive Order 11375, and as
supplemented in Department of Labor regulations.
Section 14. Program Income: Any "Program Income" (as such term is defined under
applicable Federal regulations) gained from any activity of the Provider funded by
CDBG funds shall be reported to the City and utilized by the Provider in the
operation of the Program.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by
religious organizations or on property owned by religious organizations only with
prior written approval from the City Manager, and only in accordance with
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requirements set in 24 CFR §570.2000). The Provider shall comply with First
Amendment Church/State principles, as follows:
a. It will not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the
basis of religion and will not limit such services or give preference to persons
on the basis of religion.
c. It will retain its independence from Federal, State, and local governments, and
may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that it does not use direct CDBG
funds to support any inherently religious activities, such as worship, religious
instruction, or proselytizing.
d. The Funds shall-not be used for the acquisition, construction, or rehabilitation
of structures to the extent that those structures are used for inherently
religious activities. Where a structure is used for both eligible and inherently
religious activities, CDBG funds may not exceed the cost of those portions of
the acquisition, construction, or rehabilitation that are attributable to eligible
activities in accordance with the cost accounting requirements applicable to
CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-
funded religious congregation uses as its principal place of worship, however,
are ineligible for CDBG-funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon
expiration of the Agreement, and in addition to any and all other remedies
available to the City (whether under this Agreement, or at law or in equity), the
Provider shall immediately transfer to the City any Funds on hand at the time of
termination (or expiration) and any accounts receivable attributable to the use of
CDBG funds. The City's receipt of any Funds on hand at the time of termination,
shall not waive the City's right (nor excuse Provider's obligation) to recoup all or
any portion of the Funds, as the City may deem necessary.
Any real property under the Provider's control that was acquired or improved in
whole or in part with CDBG funds (including CDBG funds provided to the Provider
in the form of a loan) in excess of$25,000 must either:
a. Be used to meet one of the national objectives in 24 CFR 570.208
(formerly section 570.901) until five years after expiration of the term of
this Agreement, or for such longer period of time as determined to be
appropriate by the City and as memorialized by the City and Provider in an
amendment to this Agreement or such instrument as the City, at its
discretion, determines appropriate; or
b. If not used in accordance with the above subsection (a), the Provider shall
pay to the City an amount equal to the current market value of the property
less any portion of the value attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the property. No payment
is required after the period of time specified in subsection (a).
Section 17. Conformity to HUD regulations: The Provider agrees to abide by guidelines set
forth by HUD for the administration and implementation of the CDBG Program,
including applicable Uniform Administrative Requirements set forth in 24 CFR
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570.502, and applicable federal laws and regulations in 24 CFR 570.600, et seq.
In this regard, the Provider agrees that duly authorized representatives of HUD
shall have access to any books, documents, papers and records of the Provider
that are directly pertinent to this Agreement for the purpose of making audits,
examinations, excerpts and transcriptions. The Provider shall comply with the
requirements and standards of OMB Circular No. A-122, "Cost Principles for Non-
profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational
Institutions" as applicable. The Provider shall comply with the following provisions
of the Uniform Administrative requirements of OMB Circular A-110 (implemented
at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations")or the related CDBG provision, as specified in this section:
a. Subpart A- "General";
b. Subpart B - "Pre-Award Requirements", except for 1184.12, "Forms for
Applying for Federal Assistance";
C. Subpart C- "Post-Award Requirements", except for:
(1) Section 84.22, "Payment Requirements" - Grantees shall follow the
standards of ❑❑ 85.20(b)(7) and 85.21 in making payments to sub-
recipients;
(2) Section 84.23, "Cost Sharing and Matching";
(3) Section 84.24, "Program Income" - In lieu of ❑ 84.24, CDBG sub-
recipients shall follow ❑ 570.504;
(4) Section 84.25, "Revision of Budget and Program Plans";
(5) Section 84.32, "Real Property" - In lieu of ❑84.32, CDBG sub-
recipients shall follow ❑ 570.505;
(6) Section 84.34(g), "Equipment" - In lieu of the disposition provisions of
❑ 84.34(g), the following applies:
a. In all cases in which equipment is sold, the proceeds shall be
program income (pro-rated to reflect the extent to which CDBG
funds were used to acquire the equipment); and
b. Equipment not needed by the sub-recipient for CDBG activities
shall be transferred to the recipient for the CDBG program or shall
be retained after compensating the recipient;
(7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and
Reporting Program Performance";
(8) Section 84.52, "Financial Reporting";
(9) Section 84.53(b), "Retention and access requirements for records".
Section 84.53(b)applies with the following exceptions:
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a. The retention period referenced in ❑ 84.53(b) pertaining to
individual CDBG activities shall be four years; and
b. The retention period starts from the date of submission of the
annual performance and evaluation report, as prescribed in 24
CFR 91.520, in which the specific activity is reported on for the
final time rather than from the date of submission of the final
expenditure report for the award;
(10) Section 84.61, "Termination" - In lieu of the provisions of ❑ 84.61,
CDBG
subrecipients shall comply with ❑ 570.503(b)(7); and
d. Subpart D "After-the-Award Requirements" - except for ❑ 84.71,
"Closeout Procedures".
Section 18. Sponsorships: The Provider agrees that all notices, informational pamphlets,
press releases, advertisements, descriptions of the sponsorship of the Program,
research reports, and similar public notices prepared and released by the
Provider for, on behalf of, and/or about the Program, shall include the statement:
"FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH
OFFICE OF REAL ESTATE HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT"
shall appear in the same size letters or type as the name of the Provider.
Section 19. Examination of Records: The Provider shall maintain sufficient records in
accordance with 24 CFR 570.502 and 570.506 to determine compliance with the
requirements of this Agreement, the CDBG Program, and all other applicable laws
and regulations. This documentation shall include, but not be limited to, the
following:
a. Books, records and documents in accordance with generally accepted
accounting principles, procedures and practices, which sufficiently and
properly reflect all revenues and expenditures of funds provided directly or
indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as
will properly reflect all net costs, direct and indirect labor, materials,
equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions
of this Agreement.
b. Time sheets for split-funded employees, which work on more than one
activity, in order to record the CDBG activity delivery cost by Program and
the non-CDBG related charges.
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C. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and
the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary
and appropriate determinations as defined in 24 CFR 570.209, income
certifications, and written Agreements with beneficiaries, where applicable.
The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured
location for a period of four (4) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration
date of the four (4) year period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved. The City shall be
informed in writing after closeout of this Agreement, of the address where the
records are to be kept.
Section 20. Audits and Inspections: At any time during normal business hours, and as often
as the City (and/or its representatives) may deem necessary, the Provider shall
make available all records, documentation, and any other data relating to all
matters covered by the Agreement, for review, inspection or audit.
Audits shall be conducted annually and shall be submitted to the City 180 days
after the end of the Provider's fiscal year. The Provider shall comply with the
requirements and standards of OMB A-133, "Audits of Institutions of High
Education and Other Non-Profit Institutions" (as set forth in 24 CFR Part 45), or
OMB Circular A-128, "Audits of State and Local Governments" (as set forth in 24
CFR Part 44), as applicable. If this Agreement is closed-out prior to the receipt of
an audit report, the City reserves the right to recover any disallowed costs
identified in an audit after such closeout.
Section 21. Indemnification/Insurance Requirements: The Provider shall indemnify and
hold harmless the City, its officers, employees and agents, from any and all
claims, liability, losses and causes of- action which may arise out of an act,
omission, negligence or misconduct on the part of the Provider, or any of its
agents, officers, servants, employees, contractors,_ patrons, guests, clients,
licensees, invitees, or any persons acting under the direction, control, or
supervision of Provider, pursuant to this Agreement and/or the Program. The
Provider 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 shall pay all costs
(including attorney's fees) and judgements which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement.
The Provider shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and
the City's Risk Manager has approved such insurance. In the event evidence of
such insurance is not forwarded to the City's Risk Manager within thirty (30) days
after the commencement date of the Term, this Agreement shall automatically
terminate and become null and void, and the City shall have no obligation under
the terms and conditions hereof.
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The Provider shall maintain and carry in full force during the Term of this
Agreement, and/or throughout the duration of the Program contemplated herein,
whichever is longer, the following insurance:
a. General Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $1,000,000 single limit, subject to adjustment
for inflation. The policy must include coverage for contractual liability to
cover the above indemnification.
b. Worker's Compensation and Employers Liability, as required pursuant to
Florida Statutes.
C. Automobile and vehicle coverage shall be required when the use of
automobiles and other vehicles are involved in any way in the
performance of the Agreement. Limits for such coverage shall be in the
amount of$500,000, subject to-adjustment for inflation.
The City of Miami Beach shall be named as an additional insured under all such
insurance contracts. Thirty- (30) day written notice of cancellation or substantial
modification of the insurance coverage must be given to the City's Risk Manager
by the Provider and its insurance company. The insurance must be furnished by
insurance companies authorized to do business in the State of Florida, and
approved by the City's Risk Manager. The companies must be rated no less than
"B+" as to management, and not less than "Class VI" as to strength by the latest
edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick,
New Jersey, or its equivalent, subject to the approval of the City's Risk Manager.
Original Certificates of Insurance for the above coverage must be submitted to the
City's Risk Manager for approval prior to any work commencing. These
certificates will be kept on file in the Office of the Risk Manager, Third Floor City
Hall.
The City shall have the right to obtain from the Provider specimen copies of the
insurance policies, in the event that submitted Certificates of Insurance are
inadequate to ascertain compliance with required coverage. Compliance with the
foregoing requirements shall not relieve the Provider of its obligation to indemnify
and hold the City harmless, as required in this section.
Section 22. Conflict of Interest: The Provider covenants that no person under its employ
who presently exercises any functions or responsibilities in connection with
community development funded activities has any personal financial interests,
direct or indirect, in this Agreement. The Provider covenants that in the
performance of this Agreement, no person having such conflicting interest shall
be employed. The Provider covenants that it will comply with all provisions of 24
CFR 570.611 "Conflict of Interest", and the, State, County and City of Miami
Beach statutes, regulations, ordinances or resolutions governing conflicts of
interest. The Provider shall disclose, in writing, to the City any possible
conflicting interest or apparent impropriety that is covered by the above
provisions. This disclosure shall occur immediately upon knowledge of such
possible conflict. The City will then render an opinion, which shall be binding on
both parties.
Section 23. Venue: 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
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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 PROVIDER 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.
Section 24. Notices: All notices required under this Agreement shall be sent to the parties at
the following address:
City: Anna Parekh, Director
Office of Real Estate, Housing and Community
Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider: Keenya Robertson, Executive Director
Housing Opportunities Project for Excellence, Inc.
18441 NW 2nd Avenue
Suite 218
Miami Gardens, FL 33169
Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so
doing the City can place a limit on 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. Provider hereby
expresses its willingness to enter into this Agreement with Provider's recovery
from the City for any damage action for breach of contract to be limited to a
maximum amount of$5,000.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider 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 nonperformance of any obligations
imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a
waiver of the limitation placed upon City's liability as set forth in Florida Statutes,
Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
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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"
Vice President r dent Owture
Keenva Robertson, Executive Director
Print Name Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
City Clerk a r
1Ze4-�� P Matti Herrera Bower
Print Name Print Name
P .........�,q
INCORP ORATED:
N
APPROVED AS TO
FORM & LANGUAGE
&FOR CUTION
z
it to (' , Date
F:\RHCD\$ALL\HSG-CD\Brian\FY 2011 12\Contracts\FY 11-12 Contracts\HOPE,Inc\CDBG Agreement-Revised 1 19 11.doc
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