Block Grant Agreement with Housing Opportunities Project for Excellence, Inc. (H.O.P.E., Inc.) ,20/V— oig 63C
•
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 ina , 2015, by and
between the CITY OF MIAMI BEACH, a Florida municipal corporation having its cipal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referr d to as "City"), and
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.), a Florida non-for
profit corporation having its principal:off ice at 11501 NW 2nd Avenue, Miami, Florida, 33168 (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 June 11, 2014, the City Commission approved Resolution No. 2014-
28635, approving the One-Year Action Plan for Federal Funds for FY 2014/2015, and providing CDBG
funds, in the amount of EIGHT THOUSAND DOLLARS ($8,000), to Provider for the Fair Housing
Education and Outreach Initiative located at 11501 NW 2nd Avenue, Miami, Florida 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)exhibits, all of which are attached and incorporated in this Agreement:
• Exhibit A-Scope of Services
• Exhibit B- Documentation
• Exhibit C - Budget
• Exhibit D - Financial Management for CDBG-funded activities
Section 2. Statement of Work: The Provider agrees to implement the Program in accordance with
Exhibits A and B, which Program is summarized as follows:
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).
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 citywide through education, outreach, and
counseling.
To fund this activity the CDBG funding will be supplemented with a $4,000 set-aside of
HOME Program Administration funds.
Section 3. Agreement Amount: The City agrees to make available EIGHT THOUSAND DOLLARS
($8,000) 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").
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 Exhibit A.
Exhibit B 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.
2
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.
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. Term: This Agreement shall commence on October 1, 2014, and terminate on
September 30, 2015, (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.
3
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
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, if applicable; and (iii) a reasonable
cure period, which shall be no less than thirty (30) days from notification date
with respect to Subsections 12.2(a), (b), and (d). In the event the Provider fails
to cure a default under Subsections 12.2(a), (b), and (d) 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.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt
of the termination notice, without the opportunity to cure said default.
Additionally, if Provider has committed similar defaults under Subsections 12.2(a),
(b), and (d), on two or more occasions during the term of the Agreement, the
termination for cause, as described in this section, shall be effective as of the date
the second notice is sent to Provider by the City, without the opportunity to cure
said default.
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.
4
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 requirements set in 24
CFR §570.200(j). 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 570.502, and
5
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 84.12, "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:
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
6
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.
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
7
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.
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,
8
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 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: Maria L. Ruiz, Interim 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.
9
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of$5,000, for any action or claim for breach of contract
arising out of the performance or nonperformance of any obligations imposed upon the
City by this Agreement. Nothing contained in this subparagraph or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation placed upon City's
liability as set forth in Florida Statutes, Section 768.28.
Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officials on the day and date first above indicated.
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC,)
a Florida not-for-profit corporation
ATTEST: //:
A fr. ./_,11/ -
Secretary Si natur:
a cr tv o v Keenya Robertson, President & CEO
Print Name Pr' t and tle
5744/ tO c D/,5
Date Da e
CITY OF MIAMI BEACH
a Florida Municipal corporation
ATTEST: 13 �
City Clerk Signat
r2 h��� Ca40-4%•A-1-7c)
a
or
Print Name Pri V1 aye
c5f3 /= /
Date 'o`\� \� �111 f Date
-*0•.... �� ��1�
Jr*s...•*
1
.JNCORP ORATED APPROVED AS TO
FORM & LANGUAGE
•• \. 41)1 & F E ECUTION 15
(11 `�I126 ,`rte 1 -• 14,
City Attorney Dote
F:\RHCD1$ALL\HSG-CD\CDBG\CDBG 2014 2015 Public Services\CDBG HOPE FY 14 15.docx
11