Housing Opportunities Project for Excellence, Inc. $5,000 ao�a a1 Qs�
�� 16
HOME PROGRAM AGREEMENT
THIS AGREEMENT,entered into this Wday of l� ,2013, 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 2nd 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 2012/2013 One-Year Action Plan for Federal funds; and
Whereas, on July 18, 2012, the City Commission adopted Resolution No. 2012-27955
approving the Fiscal Year 2012/2013 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
ARTICLE 11
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 2012/2013 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, 2012, and ending on September 30, 2013(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. 1701u) —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 VII I 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
JINTENTIONALLY OMITTED]
ARTICLE VI
METHOD OF PAYMENT
The Funds shall be paid to HOPE, Inc. as follows:
(a) HOPE, Inc. shall be paid for eligible 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, 2012, and shall terminate on
September 30, 2013.
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 1,2012
and ending September 30, 2013 and shall be received by the City by October 15, 2013.
(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, asset forth in 24 CFR Part 85.44. In the event of termination for convenience, HOPE,
Inc. shall immediately return any unused Funds (as of the date of termination) to the City.
Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have
with regards to recapture of all or any portion of the Funds as a result of incomplete and/or
unsatisfactory performed program/project items.
ARTICLE XXVIII
ADDITIONAL CITY REMEDIES
In the event of a default and termination for cause,the City shall also be entitled to bring any and all
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
ARTICLE XXXV
MISCELLANEOUS
(a) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(b) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(c) No waiver or breach of any provision of this Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
(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-f -profit corporation
ATTEST:
Secretary 4Sir
I G�0 o VY)Clk ✓- O Keenva Robertson, President & CEO
Print Name Print Name and Title
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST:
ZW'
City Clerk vMyv-oLr
(ZAFAi L 'E • Grt-&JA-nd Matti Herrera Bower Ma or
Print Name Print Name and Title APPROVED AS TO
FORM & LANGUAGE
Page 13 of 19 & FOR EXECUTION
A orne Da e
EXHIBIT A
Scope of Services
Page 14 of 19
HOME AGREEMENT
April 1,2013 to September 30,2013
ATTACHMENT I
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 Iraining 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 2012-2013
THE CITY OF MIAMI BEACH
APRIL 2013-SEPTEMBER 2013
CITY OF OTHER ALL
LINE ITEM DESCRIPTIONS MIAMI BEACH SOURCES SOURCES
PERSONNEL SERVICES
Education & Outreach Coordinator 4% 1,648.00 39,552.00 41,200.00
Rob Collins
Fair Housing Specialist 3% 1,454.28 47,021.72 48,476.00
Noris Caballero
Total Salaries 3,102.28 86,573.72 89,676.00
FICA 7.65%of Gross 237.32 6,622.89 6,860.21
Workers Comp. 1.3%of Gross 40.33 1,125.46 1,165.79
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 1,106.65 19,351.35 20,458.00
TOTAL PERSONNEL 4,208.93 105,925.07 110,134.00
OPERATING EXPENSES
Advertising/Marketing/Promotions 275.00 4,345.00 4,620.00
Office Space Rental 0.00 41,651.00 41,651.00
Office Supplies 66.07 4,933.93 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 791.07 68,384.93 69,176.00
INDIRECT COST 37,500.63 37,500.63
Base for Direct Labor=29.3%
Base for Fringe Benefits= 20%
BUDGET TOTALS 5,000.00 211,810.63 216,810.63
EXHIBIT C
Reimbursement Request
Page 16 of 19
I
Office of Real Estate, Blousing &
MIAMSEACHCommunity Development
Phone: (305) 673-7260
Fax: (305) 673-7772
E-mail: richardbowman(cD_miamibeachfl.gov
Reimbursement Request
Provider: Grant,Number,
Address:
City/Zip: IIJIS.Activity
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 $ - $ - $ -
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 of Miami'Beach Use •
Date of Receipt: ! Approval Queue
Date of Review: Approver: Signature Date
Reviewed By: Program Monitor:
Amount Authorized: $ i Division Director:
IDIS Drawdown: Department Director:
EDEN Drawdown: Budget Officer:
EXHIBIT D
Quarterly Status Report Form
Page 17 of 19
IM Quarterly Project Summary (Non-construction)
MIAMIBEACH
Office of Real Estate, Housing&Community Development
Project Pre
Reporting Agency
Project
IDIS Activity #: EDEN Account#:
Grant Program ❑ CDBG I ❑ CDBG-R I ❑ HOME ❑ NSP I ❑ SHIP
Reporting Period ❑ October/12 ❑ November/12 ❑ December/12 ❑ January/13
❑ February/13 ❑ March/13 ❑April/13 ❑ May/13
❑ June/13 ❑ July/13 ❑ August/13 ❑ September/13
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.)
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.)
repare y Signature Date
EXHIBIT E
Monitoring Summary
Page 18 of 19
EXHIBIT E
Monitoring Summary
Administration/Financial Manaqement
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-12-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.
4 atd& 44113 Date
Keenya J. Robertson NeW
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-12-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):
11501 N.W. 2nd Avenue
Miami, FL 33168
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,INC.
igna4Cre7 .4 D e
Keenya J. Robertson �W—�
Print Name of Authorized Signatory Print Title of Authorized Signatory
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE HOME CONTRACT Fiscal Year 2012/2013
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 IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
e Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
Sin Ju re Date
SUBSCRIBED AND SWORN TO(or affirmed)before me on ` 495 by
(Date)
19"X7 He/She is personally known to me or has
(Affiant)
presented as identification.
(Type of identification)
(Sign 'f Lary) (Serial Number)
MILAOt±s GUERRt3t0 I� I � I
�. Nary putalk-state of�a 1
(Print or Stamp Name o �_ Dec t4,2015
;r Commission I EE 153337 (Expiration Date)
8o�d ThrouOh National AM
Notary Public
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.