98-22870 RESO
RESOLUTION NO. 98-22870
.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE A TTACHED HOME INVESTMENT
PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH
MIAMI BEACH COMMUNITY DEVELOPMENT
CORPORATION, IN THE AMOUNT OF SIXTY-EIGHT
THOUSAND FIFTY DOLLARS ($68,050), FROM THE CITY'S
FISCAL YEAR 1998/99 ALLOCATION OF HOME PROGRAM
FUNDS FOR ELIGIBLE COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION OPERATING EXPENSES
IN FISCAL YEAR 1998/99.
WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of
Housing and Urban Development (RUD) as a Participating Jurisdiction to receive funding through
the HOME Investment Partnerships (HOME) Program; and
WHEREAS, the intent of the HOME Program is to expand the supply of housing for
income-eligible households and to encourage partnerships with the private sector and not-for-profit
housing providers; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No.
93-20756, designating Miami Beach Community Development Corporation as a Community Housing
Development Organization (CHDO); and
WHEREAS, in accordance with the HOME Program regulations, the City may provide up
to five percent (5%) of its HOME allocation each fiscal year for eligible operating expenses of a
CHDO; and
WHEREAS, on July 1, 1998, the Mayor and City Commission adopted Resolution No. 98-
22814 approving a Five Year Consolidated Plan which contains the One Year Action Plan for
1998/99 Federal funds, including the Fiscal Year 1998/99 budget allocation for the HOME Program
CHDO operating expense set-aside; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute the attached HOME Program Agreement with
Miami Beach Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk
are hereby authorized to execute the attached HOME Investment Partnerships Program Agreement
with Miami Beach Community Development Corporation, in the amount of Sixty-Eight Thousand
Fifty Dollars ($68,050), from the City's Fiscal Year 1998/99 allocation of HOME Program funds for
eligible Community Housing Development Organization operating expenses in Fiscal Year 1998/99.
PASSED AND ADOPTED THIS 9th DAY OF
September 1998
,
ATTEST:
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CITY CLERK
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APPROVED ~ TO
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~ITY OF MIAMI BEACH
ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO.
ss~ -~.~
TO:
Mayor Neisen O. Kasdin and
Members of the City Co mission
DATE: September 9,1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOL I N OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE ATTACHED HOME INVESTMENT
PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH MIAMI
BEACH COMMUNITY DEVELOPMENT CORPORA TION, IN THE
AMOUNT OF SIXTY-EIGHT THOUSAND FIFTY DOLLARS ($68,050),
FROM THE CITY'S FISCAL YEAR 1998/99 ALLOCATION OF HOME
PROGRAM FUNDS FOR ELIGIBLE COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL
YEAR 1998/99.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City has received an annual allocation of HOME Investment Partnerships (HOME) Program
funds from the U.S. Department of Housing and Urban Development (HUD) since fiscal year
1992/93. The HOME Program encourages partnerships between the government and the private
sector, including for-profit and not-for-profit organizations, to acquire, construct, or rehabilitate
housing for income-eligible persons. The HOME Program requires the City, in its capacity as a
participating jurisdiction, to reserve at least 15% of its annual allocation for a particular type of not-
for-profit called a Community Housing Development Organization (CHDO). The CHDO is required
to utilize the funds for housing development activities in which the CHDO is the owner, sponsor or
developer of the housing. The City reserves the funds and, once the CHDO identifies the activities
to be developed, the City enters into corresponding agreements with the CHDO.
Certain criteria must be met in order to receive the CHDO designation from the City, including, but
not limited to: the CHDO must be a non-profit corporation with a 501(c) IRS tax-exempt ruling, the
CHDO must have been in service to the community where it will undertake the housing development
activity for at least one year, the CHDO must have a stated commitment to the development of
housing in the community it serves, and the CHDO's board composition must meet the regulatory
requirements of the HOME Program. The City can designate one or more CHDOs as it determines
AGENDA ITEM
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DATE
COMMISSION MEMORANDUM
PAGE 2
necessary in order to utilize HOME Program funds in the most effective and efficient manner.
In 1993, the City designated Miami Beach Community Development Corporation (MBCDC) as a
CHDO. The HOME Program provides for the participating jurisdiction to allocate up to 5% of its
annual allocation to the CHDO to offset operating expenses incurred by the CHDO in its capacity
as an owner, developer or sponsor of housing assisted with HOME Program funds.
AN AL YSIS
The City's adopted One-Year Action Plan for federal funds for fiscal year 1998/99 provides funding
in the amount of $68,050 (5% of the annual HOME allocation of $1,361,000) to the City's
designated CHDO, MBCDC, for CHDO operating expenses. The funds are to be utilized by
MBCDC as follows:
*
maintaining eligibility as a qualifying CHDO;
eliciting input from the community in decisions regarding design, siting, development and
management of affordable housing projects;
developing housing strategies and programs;
developing project-specific plans to implement such programs;
identifying additional funding resources available to implement housing initiatives, including
grant resources, mortgages and other funding;
planning and developing housing initiatives, including rental housing and ownership housing
for first-time homebuyers, income-eligible families, and persons with special needs; and
continuing the implementation of the following specific HOME Program initiatives:
*
*
*
*
*
*
Scattered Site Home Ownership Program: During fiscal year 1998/99, HOME Program
deferred payment loans will be provided to prospective homebuyers for down payment
assistance. This activity is funded through the City's HOME and SHIP Programs and the
Miami-Dade County Surtax program. MBCDC serves as a CHDO developer in this program
by entering into a purchase agreement with the seller, rehabilitating the property if necessary
to meet local property standard requirements, and transferring title of the property and the
HOME loan obligation to an income-eligible homebuyer.
Scattered-Site rental units: MBCDC will continue its responsibilities as the CHDO owner
of four scattered-site condominium units acquired with HOME Program funds. This activity
provides rental units for income-eligible families.
The Madison Apartments: MBCDC, through its wholly-owned affiliate M.B. Apartments,
Inc., has completed the rehabilitation of the Madison apartments, located at 259 Washington
Avenue. MBCDC will continue to co-manage the building in conjunction with the Housing
Authority of the City of Miami Beach.
The Jefferson Apartments: MBCDC acquired the Jefferson Apartment building located at
542 Jefferson Avenue utilizing HOME Program funds provided by the City for acquisition
and pre-development costs. The Jefferson was a vacant, boarded-up three-story
Mediterranean Revival building prior to being purchased by MBCDC. The building is being
COMMISSION MEMORANDUM
PAGE 3
rehabilitated to provide 27 units of rental housing for elderly persons. MBCDC will function
as a CHDO owner and developer of this project. Rehabilitation work is anticipated to be
completed by December 1998.
Other Initiatives: Utilization of CHDO set aside funds for future projects to be owned,
sponsored or developed by MBCDC.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt a Resolution
authorizing the Mayor and City Clerk to execute the attached HOME Investment Partnerships
Program Agreement with Miami Beach Community Development Corporation, in the amount of
Sixty-Eight Thousand Fifty dollars ($68,050), from the City's fiscal year 1998/99 allocation of
HOME Program funds for eligible Community Housing Development Organization operating
expenses in fiscal year 1998/1999.
'1
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HOME PROGRAM AGREEMENT
THIS AGREEMENT, entered into this ~ day of Sept., 1998 by and between the CITY OF MIAMI
BEACH, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive,
Miami Beach, Florida, (hereinafter referred to as the City), and the MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION, a not-for-profit Florida corporation, with offices located at 1205
Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBCDC).
WITNESSETH:
WHEREAS, 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 (HOME Program) under 24 CFR 92; and
WHEREAS, the City has entered into an Agreement with HUD for the purpose of conducting
an affordable housing program with federal financial assistance under the HOME Program; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No.
93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified
Community Housing Development Organization (CHDO) under the HOME Program; and
WHEREAS, the City has determined the necessity for providing affordable housing in the City
through its Consolidated Plan and One-Year Action Plan for Federal Funds for FY 1998/99, adopted
by Resolution No. 98-22814, on July 1, 1998; and
WHEREAS, MBCDC warrants and represents that it possesses the legal authority to enter
into this Agreement, by way of a resolution, motion, or similar action that has been duly adopted or
passed as an official act of the MBCDC governing body, authorizing the execution of this Agreement,
including all understandings and assurances contained herein, and authorizing the person identified
as the official representative of MBCDC to act in connection with this Agreement and to provide such
additional information as may be required; and
WHEREAS, it is acknowledged and agreed that funds to be granted to MBCDC derive from
Federal funds appropriated to the City by HUD for the uses and purposes herein referred to and,
accordingly, it is acknowledged and agreed that this Agreement is entered into in compliance by the
parties with all applicable provisions of Federal, State and local laws, statutes, rules and regulations.
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: HOME Investment Partnerships Program, Final Rule, 24 CFR Part 92, as amended.
(b) HUD: United States Department of Housing and Urban Development or any successor
agency.
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(c) CHOO: Community Housing Development Organization as defined in the HOME Investment
Partnerships Program, Final Rule, 24 CFR Part 92, as amended.
(d) Funds: HOME Program funds.,
(e) CHDO Operating Expenses: Reasonable and necessary costs for the operation of the
CHOO. Such expenses include salaries, wages, and other employee compensation and benefits;
employee education, training, and travel; rent; utilities; communication costs; taxes; insurance; and
equipment, materials and supplies. Operating expense funds may not be used to pay operating
expenses incurred by a CHDO acting as a subrecipient or contractor under the HOME Program.
(f) Terms defined in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92,
September 16, 1996, and any amendments thereto: Any term defined in the HOME Investment
Partnerships Program, Final Rule, not otherwise defined in this Agreement, shall have the meaning
set forth in said Rule.
ARTICLE II
ALLOCATION OF HOME FUNDS
In consideration for the performance by MBCDC of its role and responsibilities set forth in this
Agreement, the City will provide Sixty-Eight Thousand Fifty Dollars ($68,050) (Funds), from its fiscal
year 1998/99 HOME allocation to MBCDC to be used for eligible operating expenses relative to
CHDO activities in accordance with the Scope of Services (Exhibit A) and Operating Budget (Exhibit
B) attached hereto. The funds will be used solely to pay reasonable and necessary costs for the
operation of MBCDC acting in its capacity as a CHDO under the HOME Program during the period
October 1, 1998 through September 30, 1999.
ARTICLE III
PROCEEDS FROM HOME INVESTMENT
In accordance with the HOME Final Rule as amended at 992.300 (a) (2), MBCDC may retain
the proceeds resulting from the CHDO's investment of its CHDO set aside funds for use in other
housing activities which benefit low-income families. However, any recapture of HOME funds for
housing not meeting the affordability requirements of 24 CFR 992.254 (a) (5) (ii), will be considered
program income and will be repaid in accordance with the requirements of 24 CFR 992.503.
ARTICLE IV
SPECIAL PROVISIONS APPLICABLE TO FUNDS
PROVIDED UNDER THE HOME PROGRAM
MBCDC expressly agrees to the following terms and conditions in conformity with the HOME
Program Final Rule, 24 CFR Part 92, as amended:
(a) It will enter in a written Agreement with the City reserving fiscal year 1998/99 CHDO set
aside funds within 24 months from the end of the month in which HUD signs the fiscal year 1998/99
HOME Agreement with the City, and will execute specific CHDO Agreement(s) with the City in order
to commit the set aside funds to a specific eligible CHDO project or projects. The City, at its sole
discretion, may require commitment of CHDO set aside funds within a time period that is in the best
interest of the City in order to avoid recapture of set aside funds.
(b) It will maintain a financial management system that conforms to the financial
accountability standards of 24 CFR 84.21, "Standards for Financial Management Systems."
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(c) Affirmative Marketina. MBCDC agrees to adopt and implement affirmative marketing
procedures for rental and home buyer projects containing five or more HOME-assisted housing units
as set forth in 24 CFR 92.351 and to maintain records of its affirmative marketing activities in
accordance with the recordkeeping requirements of 24 CFR 92.508 (a)(7)(ii).
(d) CHDO Capabilities. MBCDC as a CHDO agrees to either develop, sponsor or own the
HOME projects funded with set aside funds and in any of these capacities it must have effective
management control.
(e) Chanae in Status: MBCDC agrees to advise the City in writing within thirty (30) days, of
any organizational, operational, or legal status changes made by MBCDC that affect documents that
were submitted by MBCDC to obtain CHDO status.
(f) Property Standards: MBCDC agrees to comply with the property standards requirements
as set forth in 24 CFR 992.251.
ARTICLE V
ELIGIBLE COSTS
MBCDC agrees that eligible operating expenses under this Agreement are limited to those
eligible costs for operating expenses as outlined in 24 CFR 992.208 of the HOME Program
regulations and as defined herein Article I. It is expressly understood and agreed that the total
compensation to be paid hereunder for actual expenditures incurred shall not exceed Sixty-Eight
Thousand Fifty Dollars ($68,050) of fiscal year 1998/99 HOME funds. Such funds must be expended
during the term of this Agreement and any remaining balance of funds shall revert to the City.
ARTICLE VI
METHOD OF PAYMENT
MBCDC shall be paid as described below:
(1) MBCDC shall be paid for eligible costs, permitted under the Scope of Services based on
actual costs, with supportive documentation for expenses that are considered reasonable and
necessary and approved by MBCDC's authorized representative. MBCDC shall be paid only for
those expenditures contained within Exhibit "B" Budget to this Agreement. Budget line item transfers
must have prior written approval of the City. 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.
b. A system of allocation that will assure reliable cost measurements and customary service
delivery costs.
c. 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.
(2) 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
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invoices. In no event shall the City provide advance HOME funding to MBCDC nor shall MBCDC
advance HOME funds to any party.
(3) Any payment due under the terms of this Agreement may be withheld pending the receipt and
approval by the City of all reports and documents which MBCDC is required to submit to the City
pursuant to the terms of this Agreement or any amendments thereto.
(4) No payments will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with the City.
(5) MBCDC understands and agrees that disbursements of funds under this Agreement may not
be requested until funds are needed for payment of eligible costs. The amount of each request must
be limited to the amount needed.
ARTICLE VII
SUBCONTRACTS
(a) MBCDC agrees that none of the work or services covered by this Agreement, including but
not limited to consultant work or services, shall be subcontracted or reimbursed without the prior
written approval of the City.
(b) MBCDC agrees to include in the subcontract that the subcontractor shall hold the City
harmless against all claims of whatever nature arising out of the subcontractor's performance of
work under this Agreement to the extent allowed by law.
(c) If MBCDC subcontracts, a copy of the executed subcontract must be forwarded to the City
within ten (10) days after execution.
ARTICLE VIII
CONDITIONS OF SERVICES
(a) As a condition of these services, MBCDC agrees to comply with the regulations of the HOME
Program and any Amendments thereto as stated in 24 CFR Part 92.
(b) MBCDC agrees to comply with the requirements of Executive Orders 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) MBCDC agrees to comply with the Displacement, Relocation, and Acquisition requirements
in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(d) MBCDC agrees to comply with all of the following federal laws, executive orders and
regulations pertaining to fair housing and equal opportunity:
(1) Title VI ofthe Civil Rights Act of 1964, As Amended (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.
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(2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42
U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 -- Prohibits discrimination
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 at 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, As Amended (42 U.S.C. 6101) and its implementing
regulations at 24 CFR Part 146 -- Prohibits age discrimination in programs receiving federal financial
assistance.
5) Equal Employment Opportunity, Executive Order 11246, As Amended and its
implementing regulations at 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 be included in all construction contracts exceeding $10,000.
(e) MBCDC agrees to comply with the requirements of Section 3 of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701 u) -- 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.
(f) MBCDC will ensure that all units in a project assisted with HOME funds comply with the
Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing regulations
at 24 CFR 35.
(g) MBCDC agrees to comply with the Federal Labor Standards Provisions, as described in
HUD Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs) -- Applies to all projects with 12 or more HOME-assisted units, regardless
of whether HOME funds are used for construction or other costs.
ARTICLE IX
TERM OF AGREEMENT
This Agreement shall become effective on October 1, 1998 and shall continue until
September 30, 1999.
ARTICLE X
TERMINATION
The City and MBCDC agree that this Agreement may be terminated in whole or in part, for
cause, (as more specifically defined in Article XXVI herein) or for convenience, in accordance with
the provisions of 24 CFR, Part 85.44. A written notification shall be required at least thirty (30) days
prior to the effective date of such termination, and shall include the reason for the termination (if for
cause), the effective date, and in the case of a partial termination, the actual portion to be
terminated. Notwithstanding the language set forth herein, the City's reasons for terminating the
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Agreement for convenience, in whole or in part, shall not be arbitrary or capricious.
ARTICLE XI
AMENDMENTS
Any alterations, variations, modifications or waivers of this Agreement shall only be valid
when they have been reduced to writing and duly signed by both parties hereto. Any changes which
do not substantially change the scope of the Agreement or increase the total amount payable under
this Agreement, shall be valid only when reduced to writing and signed by the City Administration and
MBCDC.
ARTICLE XII
CONFLICT OF INTEREST
(a) MBCDC shall comply with the standards contained in 24 CFR Part 92.356 which states
that no owner, developer or sponsor of a project assisted with HOME funds (or officer, employee,
agent or consultant of the owner, developer or sponsor) whether private for profit or non-profit
(including a CHDO when acting as an owner, developer or sponsor) may occupy a HOME-assisted
affordable housing unit in a project. This provision does not apply to an owner-occupant of single-
family housing or to an employee or agent of the owner or developer of a rental housing project who
occupies a HOME assisted unit as the project manager or maintenance worker. Exceptions may be
granted by the City in accordance with 24 CFR Part 92.356(f)(2).
(b) MBCDC shall disclose any possible conflicts of interest or apparent improprieties of any
party that is covered by the above standards. MBCDC shall make such disclosure in writing to the
City immediately upon MBCDC's discovery of such possible conflict. The City will then render an
opinion which shall be binding on all parties.
(c) Related Parties. MBCDC 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 nonprofit subsidiary or affiliate organization, an organization with overlapping Board
of Directors, and an organization for which MBCDC is responsible for appointing memberships.
MBCDC shall report this information to the City upon forming the relationship or, if already formed,
shall report it immediately.
ARTICLE XIII
INDEMNIFICATION AND INSURANCE
MBCDC, through an insurance carrier, shall indemnify and hold harmless the City 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 MBCDC or any of its agents, servants, employees,
contractors, patrons, guests, clients, or invitees. MBCDC, through its insurance carrier, shall pay
all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in
the name of the City, when applicable, and shall pay all costs and judgements which may issue
thereon.
MBCDC, through an insurance carrier, shall provide a General Liability Policy with coverage
for Bodily Injury and Property Damage, in the amount of $500,000 per occurrence (the policy must
include coverage for contractual liability to cover the above indemnification); and the City of Miami
Beach shall be named as an additional insured followed by the statement: "This coverage is
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primary to all other coverage carried by the City covering this specific agreement only."
MBCDC shall hold proof of Workers' Compensation Coverage as per statutory limits of the State of
Florida.
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.
MBCDC shall submit to the City an ORIGINAL Certificate of Insurance.
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 become null and
void, and the City shall have no obligation under the terms thereof unless a written extension of this
thirty (30) day requirement is secured from the Risk Manager.
ARTICLE XIV
REPORTS
(1) Proaress Reports. MBCDC agrees to submit monthlv status reports which shall describe the
progress made by MBCDC in achieving each of the objectives identified in Scope of Services (Exhibit
A). The Progress Report shall be submitted no later than 10 days after the end of each month. It
will be the responsibility of MBCDC to notify the City in writing, of any actions, law, or event, that will
impede or hinder the success of the activities contemplated by this Agreement. After such
notification the City will take whatever actions it deems appropriate to ensure the success of the
program.
(2) Annual Report. MBCDC shall submit a cumulative status report (hereinafter referred to as
Annual Report) which shall describe the progress made by MBCDC in achieving each of the
objectives identified in the Scope of Services during the previous year. The Annual Report reporting
period covers a twelve (12) month period beginning October 1, 1998 and ending September 30,
1999, and shall be received by the City by October 15, 1999.
(3) Other reports as may be required by the City 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
the manner acceptable to the City, the City may withhold further payments until they are completed
or may take any other action as the City may deem appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City Administration and/or the
comptroller of the United States may deem necessary, there shall be made available to the City
Administration and/or representatives of the comptroller 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 MBCDC do not constitute an allowable expenditure, the City
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will have the right to deduct/reduce those amounts from their related invoices. MBCOC must
maintain records necessary to document compliance with the provisions of this Agreement.
ARTICLE XVI
COMPLIANCE WITH LOCAL, STATE AND FEDERAL REGULATIONS
MBCOC agrees to comply with all applicable Federal regulations as they may apply to
program administration. Additionally, MBCOC will comply with all State and local laws and
ordinances hereto applicable.
ARTICLE XVII
ADDITIONAL CONDITIONS
(a) It is expressly understood and agreed by the parties hereto that monies contemplated
by this Agreement to be used for the compensation, originated from grants of Federal HOME
Investment Partnerships Program funds and must comply with all applicable HUO rules and
regulations.
It is expressly understood and agreed that in the event of curtailment or
nonproduction of said federal grant funds, that the financial sources necessary to continue to pay
MBCOC compensation will not be available and that this Agreement will thereby terminate effective
as of the time that it is determined that said funds are no longer available.
In the event of such determination, MBCOC agrees that it will not look to, nor seek
to hold liable, the City or any individual member of the City Commission thereof personally for the
performance of this Agreement and all of the parties hereto shall be released from further liability
each to the other under the terms of this Agreement.
(b) Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
(c) 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.
(d) 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.
ARTICLE XVIII
ACCESS TO RECORDS
MBCOC, agrees to allow access during normal business hours to all financial records to
authorized Federal, State or City representatives and agrees to provide such assistance as may be
necessary to facilitate financial audit by any of these representatives when deemed necessary to
insure compliance with applicable accounting and financial standards. MBCOC shall allow access
during normal business hours to all other records, forms, files, and documents which have been
generated in performance of this Agreement, to those personnel as may be designated by the City.
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ARTICLE XIX
SEVERABILITY OF PROVISIONS
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.
ARTICLE XX
PROJECT PUBLICITY
MBCDC agrees that any news release or other type of publicity pertaining to the project as
stated herein must recognize the City as the recipient funded by the United States Department of
Housing and Urban Development administered by the Economic and Community Development
Division of the Development, Design and Historic Preservation Department and the entity which
provided funds for the Project.
ARTICLE XXI
RELIGIOUS ORGANIZATIONS
MBCDC agrees that the Funds will not be provided to primarily religious organizations for any
activity including secular activities in accordance with 24 CFR 992.257.
ARTICLE XXII
NONDELEGABLE
MBCDC agrees that the obligations undertaken pursuant to this Agreement shall not be
delegated or assigned to any other person or firm unless the City shall first consent in writing to the
performance or assignment of such service or any part thereof by another person or firm.
ARTICLE XXIII
SUCCESSORS AND ASSIGNS
MBCDC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBCDC and its employees 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
ASSIGNMENT
This Agreement may not be assigned or transferred by MBCDC without the prior written
consent of the City thereto. It shall be deemed a default of this Agreement in the event that MBCDC
9
does not strictly comply with the procedures established herein for obtaining City consent to
assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, in
the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreement,
and resort to its rights and remedies against the defaulting party. In the event MBCDC transfers an
interest of more than one (1 %) percent ownership in its stock by pledge, sale, or otherwise; or if
MBCDC makes an assignment for the benefit of its creditors, or uses this Agreement as security or
collateral for any loan; or if MBCDC is involved in any bulk transfer of its business or assets, then
in that event each of the foregoing actions shall also be deemed an assignment of this Agreement
and shall require the City's prior written consent. A merger, dissolution, consolidation, conversion,
liquidation or appointment of a receivership for MBCDC, shall be deemed an assignment of this
Agreement and will require the prior written consent of the City thereto.
ARTICLE XXVI
EVENTS OF DEFAULT
The City may place MBCDC in default of this Agreement and may suspend or terminate this
Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause" shall include the
following:
(a) Failure to comply and/or perform in accordance with any of the terms and conditions
of this Agreement, or any Federal, State or local regulation;
(b) Submitting any required report to the City which is late, incorrect, or incomplete in any
material respect after notice and reasonable opportunity to cure, as set forth in
subparagraph (h) hereof, has been given by the City to MBCDC;
(c) Implementation of this Agreement, for any reason is rendered impossible or
infeasible;
(d) 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;
(e) 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;
(f) MBCDC's insolvency or bankruptcy;
(g) An assignment or transfer of this Agreement or any interest therein which does not
comply with the procedures set forth in Article XXV herein;
(h) Failure to comply and/or perform in accordance with the affordability
requirements, and/or an unauthorized transfer of title to it's HOME
Projects.
In the event of a default the City may, thirty (30) days after mailing to MBCDC a notice of
such default as set forth herein, automatically cancel and terminate this Agreement without liability
to any party to this Agreement. If the default complained of is not fully and satisfactorily cured within
thirty (30) days of MBCDC's' receipt of such notice of default to MBCDC, at the expiration of said
10
thirty (30) day period (or such additional period of time, as permitted by the City, in its sole discretion,
as required to cure such default in the event MBCDC 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 this Agreement.
ARTICLE XXVII
ADDITIONAL REMEDIES
In the event of a default, the City shall additionally be entitled to bring any and all legal and/or
equitable actions which it deems to be in its best interest, in 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 attomey'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 XXVIII
MAINTENANCE AND RETENTION OF RECORDS
MBCDC agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in
an orderly fashion in a readily accessible, permanent and secured location, and that it will prepare
and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(1) Records shall be maintained for a period of five (5) years after the closeout of funds under
this Agreement except as provided herein (2), (3) and (4).
(2) 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 paragraph (1), whichever
is later;
(3) 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;
(4) 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 92.353.
ARTICLE XXIX
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 $68,050.00.
MBCDC hereby expresses its willingness to enter into this Agreement with MBCDC's recovery from
the City for any damage action for breach of contract to be limited to a maximum amount of
$68,050.00. Accordingly, and notwithstanding any other term or condition of this Agreement,
11
MBCDC hereby agrees that the City shall not be liable to MBCDC for damages in an amount in
excess of $68,050.00, 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.
ARTICLE XXX
VENUE
This Agreement shall be enforceable in 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 Dade County, Florida.
ARTICLE XXXI
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies contemplated by this
Agreement to be used for the compensation, originated from grants of federal HOME Investment
Partnerships Program funds, and must be implemented with all of the applicable rules and regulation
of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed
that in the event of curtailment or non-production of said federal grant funds, that the financial
sources necessary to continue to pay the Provider compensation will not be available and that this
Agreement will thereby terminate effective as of the time it is determined that said funds are no
longer available. In the event of such determination, MBCDC agrees that it will not look to, nor seek
to hold liable, the City or any individual member of the City Commission thereof, personally for the
performance of this Agreement and all parties hereto shall be released from further liability each to
the other under the terms of this Agreement.
ARTICLE XXXII
ACCESSIBILITY LAWS COMPLIANCE
MBCDC agrees to adhere to and be governed by 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:
a) Architectural Barriers Act of 1968, As Amended (42 U..S.C.4151) and its implementing
regulations at 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.
b) MBCDC must comply with 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.
c) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C. 3601)
and its implementing regulations at 24 CFR Part 100-115.
MBCDC must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a
12
copy of which is attached hereto and incorporated herein as Exhibit C. In the event MBCDC 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 MBCDC under the Agreement until compliance and/or cancellation,
termination or suspension of the Agreement in whole or in part. In the event the City cancels or
terminates the Agreement pursuant to this Article, MBCDC shall not be relieved of liability to the City
for damages sustained by the City by virtue of MBCDC's breach of the Agreement.
ARTICLE XXXIII
NOTICES
All notices shall be sent to the parties at the following addresses, with copies to the Office
of the City Attorney:
City: j!lilff:y=Si=M8w~g.I!!I.8, Assistant City Manager Chris tina M. Cuervo
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
MBCDC:
Denis Russ, President
Miami Beach Community Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
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.
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION,
a Florida not-for-profit corporation
Secretary
President
ATTEST: J
._() ~/ J7
ATTEST:
~r ~tU~
City Clerk
CITY OF MIAMI BEACH
a Flo . a Municipal corporation
Mayor
f:bs: MBCDC98chdoop.agr
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
13
/j)( ifi ~ 1(~:i9t
Oty Attomey Dote
EXHIBIT A
SCOPE OF SERVICES
Miami Beach
Community Development Corporation
Scope of Services
Maintain eligibility of Miami Beach Community Development Corporation as a qualifying Community
Housing Development Organization [CHDO]
Elicit input from the community, particularly from low-income program beneficiaries, in decisions
regarding design, siting, development and management of affordable housing projects
Undertake the development of affordable housing strategies and programs
Identify additional funding resources available to implement housing initiatives, including grant
resources, mortgages, and other funding
Plan and develop affordable housing initiatives, including rental housing and ownership housing for
first time home buyers, low-income families and persons with special needs
Continue the implementation of the following specific initiatives:
Scattered-site home ownership program
Scattered site rental program
Operation and co-management of the Madison Apartments
17 units / low- and very low-income households
Rehabilitation, lease-up and co-management operation of the Jefferson Apartments
27 units / low- and very low-income elderly / disabled
Acquisition and rehabilitation of housing development initiatives which are owned, sponsored
or developed by MBCDC
EXHIBIT B
BUDGET
8/7/98
MIami Beach Community Development Corporation
Operating Grant Budgets
October 1, 1998 to September 30, 1999
REVENUE
5010 Preservation and Development
5010 Community Development 1997-1998 Carry-Over Funds
5011 SoBe NeIghborhood Improvement
5020 Scattered Sites Acquis.
5025 Scattered Sites Dispos.
5026 HOUSing Counselilng
5030 Multi-Family Rehab.
5040 HOME CHDO Support
5045 RAIN Mothers Assist - CDBG
5045 RAIN Mothers AsSist - ESGP
CMB Grant Income
Other Grant Income
5037 Metro CDBG-Housing
Total Other Grant Income
TOTAL GRANT INCOME
EXPENDITURES
Salaries
6110 Executive Director
6110 , Housing Coordinator
61 10 Housing Project Planner
6115 Housing Specialist
6110 Commercial Revitalization.Director
6110 MIS
6110 CFO/Financial Management Director
61 15 Oflice Manager
61 15 Secretary/Receptionist
6115 Secretary/Clerical
6115 Janitorial
Salary Increases
Total Salaries
Total Direct Salaries Allocation Basis
Allocating Percentage
Fnnge Benefits
6140 Federal Payroll Tax
6142 Unemployment Tax
6150 Workmens' Compensation
61 45 Health Insurance
6155 Other Fringe Benefits
Total Fringe Benefits
Total Personnel Costs
PROPOSED
1998.1999
BUDGET
HOUSING
CHDO OPTG
(220,000) 0
(233,233) 0
(285,000) 0
(80,000) 0
(80,000) 0
(40,000) 0
(125,000) 0
(68,050) (68,050)
(30,000) 0
(12,000) 0
(1,173,283) (68,050)
(42,000) 0
(42,000) 0
(1,215,283) (68,050)
95,000 9,317
42,000 5,633
35,000 10,545
25,000 0
40,000 0
37,500 3,964
38,500 4,674
24,000 2,617
15,600 1,894
17,500 2,125
6,000 546
7,254 881
383,354 42,196
162,482 19,728
12.14%
29,327 3,228
2,576 263
4,863 552
27,120 2,963
14,250 1,730
78,136 8,736
461,490 50,933
Version E1b
8/7/98
PROPOSED
1998-1999 HOUSING
BUDGET CHDO OPTG
Contract Costs
6211 Audit 17,500 2,125
6220 Professional Services 0 0
Total Contract Costs 17,500 2,125
Travel and Transportation
6510 Travel Seminars and Conferences 4,000 486
6520 Local Transportation 4,000 486
Total Travel and Transportation 8,000 971
Space Rental
6310 Office Space Rental 81,075 9,844
Total Rental Expense 81,075 9,844
Occupancy Costs
6660 Utilities 10,000 1,214
6662 Janllonal Supplies and Water 1,200 146
6410 Office Equipment 10,000 1,214
6665 Repairs and Maintenance 4,000 486
Total Occupancy Costs 25,200 3,060
Office Expense
6645 Office Supplies 25,000 3,035
6650 Postage and Delivery 10,000 1,214
6610 Communications, Miscellaneous Photography & Adv 12,000 1,457
6615 Telephone and Long Distance Service 11,500 1,396
6635 Insurance 7,500 911
Total Office Expense 66,000 8,013
Other Costs
6625 Membership and Dues 4,300 522
6630 Publications and Subscriptions 3,000 364
Total Other Costs 7,300 886
Other Direct Costs
6810 Rehabilitation Costs 150,000 0
6810 Rehabilitation 1997-1998 Carry-Over Costs 233,233 0
6810 Streetscape Improvements 200,000 0
6110 RAIN Activities 42,000 0
Total Other Direct Costs 625,233 0
TOTAL GRANT EXPENSES 1,291,798 75,832
NET GRANT INCOME (76,515) (7,782)
Other Income
Dade Community Foundation/L1SC (50,000) 0
SHIP/Surtax Earned Income (15,000) 0
Rental Properties Earned Income (10,000) 0
Jefferson Housing Development Income (65,000) (9,641)
UNlOAD Accounting Services (32,000) 0
RAIN Accounting Services (8,400) 0
Shelbourne Accounting Services (6,000) 0
Jefferson/Madison Accounting Services (6,000) 0
South Beach Marketing Council Income (253,631 ) 0
Total other Income (446,031) (9,641)
other Income Direct expenses
Housing Specialist 30,000 0
Administrative Assistant 11,700 1,170
Commercial Revitalization Assistant 11,700 0
Accountant 1 27,000 0
Accountant 2 20,000 0
CFO/Financial Management Director 11,500 0
Salaries & Benefits 12,985 90
MBDC Meeting Costs 6,000 600
Marketing Services 238,631 0
Total other Income Direct expenses 369,516 1,860
Net Other Income 76,515 7,782
NET INCOME 0 0
Other Project Income
SHIP Grant Income 660,000
The Jefferson 1,700,000
CMB HOME 400,000
CHDO Project Set-Aside 600,000
Surtax Grant 320,000
Surtax Grant 300,000
Bank Mortgages 800,000
Seymour PrOject 1,800,000
Multi-Family Project 2,000,000
Total Other Project Funding 8,580,000
Version E1 b
EXHIBIT C
DISABILITY DISCRIMINATION AFFIDAVIT
ATTACHMENT "C"
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE Fiscal Year 1998/99 MBCDC CHDO Operatina Aareement
NAME OF FIRM, CORPORATION, OR ORGANIZATION Miami Beach Community DevelopmentCorp.
AUTHORIZED AGENT COMPLETING AFFIDAVIT Denis A. Russ
POSITION President
I,
PHONE NUMBER 305/538-0090
, 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.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
.,~, Jose Glnc:edo
*1I*My Commission CC717557
'\.....~. Expires FebruaIy 18, 2002
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
"\ - \ l-l - C\ A
(Date)
by
CJ0<;,.<t:.,
G .A../v c: k 0 ()
(Affiant)
He/She is personally known to me or has presented
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l , ( { ,,' :; ~_
(Type of identification)
as identification.
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cc\\"l'S'-)l
(Serial Number)
"J 0 So C ~ {\ rv c ( \) lJ
Notary Public.
(State) Notary Seal
~(.. I) 'L,) r". ~\J \ IS ). u 0 :t,
....1.:.... Jose Gancedo / (Expiration Date)
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*Jjf*MY Commission CC717557
.......f\..~. Expires February 18, 2002
(Print or Stamp Name of Notary)
("\_c) /-LI (}I~
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.