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97-22616 RESO RESOLUTION NO, 97-22616 A RESOLUTION 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 CORPORATION, FORMERLY KNOWN AS MIAMI BEACH DEVELOPMENT CORPORATION, IN THE AMOUNT OF SIXTY- TWO THOUSAND SIX HUNDRED DOLLARS ($62,600) FROM THE CITY'S FISCAL YEAR 1997/98 ALLOCATION OF HOME PROGRAM FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1997/98, WHEREAS, on February 18, 1992, the City was designated by the U.S. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to receive funding through the 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 Development Corporation (MBDC) 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 2, 1997, the Mayor and City Commission approved Resolution No. 97-22453, adopting the City's One-Year Action Plan for Federal grants which specified the fiscal year 1997/98 CHDO operating expense set-aside; and WHEREAS, on August 12, 1997, as set forth in the attached Articles of Amendment to the Articles of Incorporation of Miami Beach Development Corporation, Inc., MBDC formally changed its name to Miami Beach Community Development Corporation, Inc.; and WHEREAS, the Administration would recommend 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, formerly known as Miami Beach Development Corporation, in the amount of Sixty-Two Thousand Six Hundred Dollars ($62,600) from the City's fiscal year 1997/98 allocation of HOME Program funds for eligible Community Housing Development Organization operating expenses in fiscal year 1997/98. PASSED AND ADOPTED THIS 17th DAY OF December, 1997, ATTEST: ~cr p~ CITY CLERK MAYOR ~f! F:BS:MBOC\97CHD05'l1..RES APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1tI.#4~ 1(~7 Ci~~~ey 1...- .'\ "'''\", .. "f-ll ARTICLES OF AMENDMENT . ,'-> :.: /., t: n TO 97 AUG /2 ., --~,?' AMENDED AJ.'ID RESTATED ARTICLES OF INCORPORAT~~CRE_/~, PH 2: 5S OF IALLAH 1/11'\ ;' OF ". MIAMI BEACH DEVELOPMENT CORPORATION, INC. ASSEt ,cL~~b~ Pursuant to the provisions of Sections 617,1002 and 617.1006 of the Florida Not For Profit Corporation Act, the Amended and Restated Articles of Incorporation of Miami Beach Development Corporation, Inc., a Florida not for profit corporation (the "Corporation"), are hereby amended as follows: 1. Article I shall be deleted in its entirety and amended to read as follows: "ARTICLE I - NAME AND ADDRESS The name of the corporation is MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC, (hereinafter called the "Corporation"). The address of the principal office and mailing address of the Corporation is 1205 Drexel A venue, Miami Beach, Florida 33139. II 2, The undersigned hereby certifies that the foregoing Articles of Amendment to the Amended and Restated Articles of Incorporation were duly adopted and approved by a two-thirds (2/3) vote of the Board of Directors on Julya, 1997. The number of votes cast for adoption of these Articles of Amendment was sufficient for approval. 3, Members of the Corporation are not entitled to vote on proposed amendnients to tb,e .-\mended and Restated Articles of Incorporation of the Corporation. ' IN WITNESS WHEREOF, the undersigned Chairman of the Corporation has executed these Articles of Amendment to Amended and Restated Articles of Incorporation this .3l. day of July, 1997, ~~ RO RTO DA TORRE Chairman ~ . ....'" ~_'{1L"./ FLORIDA DEPARTl\tIENT OF STATE Sandra B, Mortham Secretary of State 1...- August 12, 1997 CSC ANDREW TALLAHASSEE,FL Re: Document Number 756302 The Articles of Amendment to the Articles of Incorporation of MIAMI BEACH DEVELOPMENT CORPORATION, INC, which changed its name to MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, INC" a Florida corporation, were filed on August 12, 1997, Should you have any questions regarding this matter, please telephone (850) 487-6050, the Amendment Filing Section, Joy Moon-French Corporate Specialist Division of Corporations Letter Number: 597 A00040847 f;'. r? (fJpP :---;=!~ '. 'L:_...--.:..._--1.....:....,:;.L._:~ 'J 1 f ~ . ; ~ J I. AUG 19 1997 ';J'l I q '.1 .'. J .~~~...." -;-- .-- -' . -----...--- Division of Corporations - P,O, BOX 6327 -Tallahassee, Florida 32314 :;ITY OF MIAMI BEACH :ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ttp:\\ci. miam i-beach. fl. us COMMISSION MEMORANDUM NO, :J I g - 9 1 FROM: Mayor Neisen O. Kasdin and Members of the City Commission Jose GarCia_pedros~ City Manager A RESOLUTIO 0 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 CORPORATION, FORMERLY KNOWN AS MIAMI BEACH DEVELOPMENT CORPORATION, IN THE AMOUNT OF SIXTY-TWO THOUSANO SIX HUNDRED DOLLARS ($62,600) FROM THE CITY'S FISCAL YEAR 1997/98 ALLOCATION OF HOME PROGRAM FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1997/98, DATE: December 17, 1997 TO: SUBJECT: ADMINISTRATION RECOMMENDATION: Approve the Resolution. BACKGROUND: During the City Commission meeting of December 3, 1997, the City Commission deferred this item to the meeting scheduled for December 17,1997 and directed the Administration to obtain and review the Performance Audit of Miami Beach Community Development Corporation (MBCDC) conducted by the Miami-Dade County Audit and Management Services Department for the period October 1, 1994 through September 30, 1997 (attached). The City's Internal Auditor has reviewed the Performance Audit and prepared an Internal Audit Memorandum summarizing the review of the document (attached). Although there are clear factual misstatements in the audit report (e.g., the manner in which the former Management Districts were eliminated and the reasons therefor), and although the audit did not encompass all of the activities of MBCDC and raised questions about independence and project costs, the City's Internal Auditor could not find anything to preclude entering into the subject Agreement. The City has received an annual allocation of HOME Investment Partnerships (HOME) Program funds from the U.S. Department of Housing and Urban Development 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, AGENDA ITEM C I G- DATE 12- \,-37 COMMISSION MEMORANDUM PAGE 2 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 15% CHDO funds for housing development activities in which the CHDO is the owner, sponsor, or developer of the housing. Certain criteria must be met in order to receive the CHDO designation, 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 Miami Beach Community Development Corporation, formerly known as the Miami Beach Development Corporation (MBDC), was designated as the City's CHDO in 1993. The name of the organization was officially changed on August 12, 1997, to more accurately reflect the organization's mission. 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 HOME-assisted housing. ANAL YSIS: The City's adopted One-Year Action Plan for federal funds for fiscal year 1997/98 provides funding in the amount of $62,600 (5% of the annual HOME allocation of $1 ,252,000) 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 housing for the income-eligible population; 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: * * * * * * Home Ownership Program: During fiscal year 1997/98, HOME Program deferred payment loans will be provided to prospective homebuyers for down payment assistance. This activity is funded through the HOME Program and the Metro-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. COMMISSION MEMORANDUM PAGE 3 Scattered-Site rental units: MBCDC will continue its responsibilities as the CHDO owner of four scattered-site condominium units acquired with HOME 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. The acquisition and rehabilitation of the property were made possible through the use of a combination of funding sources including City of Miami Beach and Metro-Dade County HOME funds, State Tax Credits, Florida Housing Finance Agency HOME funds, Metro-Dade County Hurricane Trust funds, and private loans. This property was formerly a vacant, boarded-up 44 unit hotel which has now been reconfigured into a high quality rental project that provides 17 efficiency, one-, two-, and three-bedroom units. The building is in the final stage of initial lease-up. MBCDC will continue to co-manage the building in conjunction with the Miami Beach Housing Authority. The Jefferson Apartments: Utilizing City of Miami Beach HOME funds for acquisition and pre-development costs, MBCDC acquired the Jefferson Apartment building located at 542 Jefferson Avenue. The Jefferson is a vacant, boarded-up three- story Mediterranean Revival building built in 1924. The building will be 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 has begun and is anticipated to be completed in 10 months. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attached 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-Two Thousand Six Hundred dollars ($62,600) from the City's fiscal year 1997/98 allocation of HOME Program funds for eligible Community Housing Development Organization operating expenses in fiscal year 1997/1998. \.[\'~ ~ '~\.. , . -xJ.,/ JGP/~M/M e-/BS f:mbdc:chdo975%.mem CITY OF MIAMI BEACH INTERNAL AUDIT MEMO lQ - DATE: December 8, 1997 TO: Harry Mavrogenes, Assistant City Mana FROM: James J. Sutter, Internal Audita SUBJECT: Review of Miami-Dade Co nty's Internal Audit Report of Miami Beach Community Development Corporation Performance Audit Miami-Dade Audit and Management Services Department conducted a performance audit of Miami Beach Community Development Corporation (MBCDC) for the period October 1, 1994 through September 30, 1997. Their audit objectives were to "evaluate program activities and results, resource management, internal control systems and effectiveness in achievement of program goals and service delivery." Other agencies perform compliance audits, including City of Miami Beach, so their report focused on mainly those projects and programs funded by Miami-Dade County. Overall, the audit report discussed positive accomplishments made on behalf ofMBCDC programs. The internal auditors reviewed previously issued reports by independent certified public accountants and noted that no material matters were reported involving MBCDC's internal control structure. The internal auditor's review did not identify any inappropriate expenditures, but noted several instances where reported amounts were improperly classified for financial statement reporting purposes. Corrections to these items are anticipated. The audit also mentioned the recent change in MBCDC's operations which has resulted in the City of Miami Beach performing cost effective landscaping, maintenance and security services. This reduced MBCDC's personnel from 67 to 13 in January 1997. The audit reported that, since then, MBCDC's "primary efforts and resources have shifted to affordable housing programs." The status and costs of the three housing projects were discussed. The internal auditor noted that questions have been raised regarding the Madison project costs; however, the auditor went on to explain that "the building was in poor structural condition, and additional expenditures were necessary to comply with Building Codes." In reviewing this audit report, we could not find anything to preclude the City of Miami Beach from providing future grants to this agency. The audit report contains several schedules containing various funding and expenditures on projects and the agency for the three-year period. I have attached a full copy of their audit report. If you need any further information, please feel free to contact me. OPERATING AGREEMENT THIS AGREEMENT, entered into this 17 tlx:lay of Dee. ,1997 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, formerly known as Miami Beach 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 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 Investment Partnerships Program (HOME); and WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No. 93-20756, designating Miami Beach Development Corporation (MBDC) 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 Miami Beach through its One-Year Action Plan for Federal Funds for FY 1997/98, which was adopted by City of Miami Beach Resolution No. 97-22453, on July 2, 1997; and WHEREAS, on August 12, 1997, as set forth in the Articles of Amendment to the Articles of Incorporation of Miami Beach Development Corporation, Inc., MBDC formally changed its name to Miami Beach Community Development Corporation, Inc.; and WHEREAS, Miami Beach Community Development Corporation (MBCDC) certifies 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, the City desires to engag~ MBCDC to render certain services in connection therewith. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1 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. (c) CHDO: 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 CHDO. 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 BUDGET AND SCOPE OF SERVICES The City will provide Sixty-Two Thousand Six Hundred Dollars ($62,600) (the Funds), from its fiscal year 1997/98 HOME allocation to MBCDC to be used for eligible operating expenses relative to CHDO activities in accordance with Exhibit "A", Scope of Services and Exhibit "B", Operating Budget, attached hereto and incorporated herein by reference. The funds will be used solely to pay reasonable and necessary costs for the operation of the CHDO acting in its capacity as a CHDO under the HOME Program during the period October 1, 1997 through September 30, 1998. 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 24 CFR 2 Part 92: (a) The Funds shall be subject to all of the terms and conditions of the HOME Program, 24 CFR Part 92, and any amendments thereto. (b) It will enter in a written Agreement with the City reserving fiscal year 1997/98 CHDO set aside funds within 24 months from the end of the month in which HUD signs the fiscal year 1997/98 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. (c) It will maintain a financial management system that conforms to the financial accountability standards of 24 CFR 84.21, "Standards for Financial Management Systems." (d) Affirmative Marketing. MBCDC agrees to adopt written affirmative marketing procedures and requirements for HOME-assisted housing containing five or more 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). (e) 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. (f) Change 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. (g) 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-Two Thousand Six Hundred Dollars ($62,600) of fiscal year 1997/98 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: 3 (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 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. 4 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) M BCDC 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. (2) Title VIII ofthe 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. 1701u) -- 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 5 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, 1997 and shall continue until September 30, 1998. 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 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 6 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 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. 7 ARTICLE XIV REPORTS (1) Progress Reports. MBCDC agrees to submit monthly status reports which shall describe the progress made by MBCDC in achieving each of the objectives identified in Exhibit "A" Scope of Services. 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 Exhibit "A" during the previous year. The "Annual Report" reporting period covers a twelve (12) month period beginning October 1, 1997 and ending September 30, 1998, and shall be received by the City by October 15, 1998. (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 andlor 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 will have the right to deduct/reduce those amounts from their related invoices. MBCDC must maintain records necessary to document compliance with the provisions of this Agreement. ARTICLE XVI COMPLIANCE WITH LOCAL. STATE AND FEDERAL REGULATIONS MBCDC agrees to comply with all applicable Federal regulations as they may apply to program administration. Additionally, MBCDC 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 8 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 HUD 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 MBCDC 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, 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 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 MBCDC, 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. MBCDC 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. 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 9 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 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, 10 shall be deemed an assignment of this Agreement and will require the prior written consent of the City thereto. ARTICLE XXVI EVENTS OF OEFAUL T 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 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. 11 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 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 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 dar1ages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $62,600.00. MBCDC hereby expresses its willingness to e,ter into this Agreement with MBCDC's recovery from the City for any damage action for breach 0f contract to be limited to a maximum amount of $62,600.00. Accordingly, and notwithstanding any other term or condition of this 12 Agreement, MBCDC hereby agrees that the City shall not be liable to MBCDC for damages in an amount in excess of $62,600.00, 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. 13 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 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: Harry S. Mavrogenes, Assistant City Manager 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. WITNESSES: bvilicif /)Ofo.- Ii Cll! 6-- MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION A FLORIDA NOT- R-PRO CORPORATION '\1211is ;1. (2~D Secretary President Printed Name and Title ATTEST: CITY OF MIAMI BEACH ~(r PiM~ City Clerk fff1 Mayor f: bs: MBCDC :97 chdoop. agr 14 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~1t1it~ ///J/4-, City'Attorney ~ EXHIBIT A SCOPE OF SERVICES 15 Miami Beach Community Development Corp. 1205 Drexel Avenue, Miami Beach, FL 33139 (305) 538-0090 Fax: 538-2863 1997/1998 CRDO Operatine Expenses Section 92.208 Eligible community housing development organization (CHDO) operating expense and capacity building costs. (a) Up to five percent of a participating jurisdiction's fiscal year HOME allocation may be used for tbe operating expenses of community housing developing organizations (CHDOs).These funds may not be used to pay operating expenses incurred by a CHDO acting as a subrecipient or contractor under the HOME Program. Operating expenses means reasonable and necessary costs for the operation of the community housing development organization. Such costs Include salaries, wages, and other employee compensation and benefits; employee education, training, and travel; reDt; utilities; communication costs; taxes; insurance; equipment; materials and supplies...[HOME Investment Partnerships program, Final Rule, 24 eFR Part 92, September 16, 1996] CHDO operating funds arc the means to permit CHDOs to successfully use HOME funds for projects in which they are owners, sponsors or developers. These operating funds may be used for general administrative and operating expenses as well as for project costs, but they are being provided in connection with the anticipated use of HOME funds. MBCDC SCOPE OF SERVICES . Maintain eligibility ofMBCDC as a qualifying CHDO. . Elicit input from the community, particularly from low-income program beneficiaries, in decisions regarding design, citing, development and management of affordable housing projects. . Undertake the development of affordable housing strategies and programs. . Develop project-specific plans to implement such 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 residents of Miami Beach with special needs. . Continue the implementation of the following specific initiatives: o Scattered site home ownership program~ o Scattered site Rental units; o Lease-up and co-management operation ofilie Madison Apartments 17 units for low- and very-low income families o Rehabilitation. lease-up and co-management operation of The Jefferson 27 units for 1ow~ and very-low income elderly/disabled (62 years old or older) Acquisition of sites for housing development funded by FY 1997-98 CHOO set-aside '0. ", EXHIBIT B BUDGET 16 Miami Beach Community Development Corpolll~on Operating Grant Budgets O<;lober 1, 1997 to September 30. 1998 BEV.aMi 5010 eMS Commercial Revttallzal 5011 CMS streetscape Improvement 5020 CNS Scattered S~es Acquls. 5025 CMS Scattered SiIelI DIspo9. 5030 CMS Multi-Famay Rehab. 50<<) CMS HOME Housil'Cl Program 5045 CMS RAIN Mothel'll Ass~. CMS Grant Income 5035 Metro COBG--Commerclal Revitallz. 5037 Metro COBG-Housing Metro-Dade Grant Income Other Grant Income 5070 Dade Community Foundation 5246 Miami oes'gn Preservation League 5244 south Beach Marketing Support SHIP Rehalllncoma HCCAJNIOADAccountlng Fee Income Housil'Cl Development Overhead Charges Housing ()perating Chafges MBOC General Fund TOTAl GRANT INCOME mEHOJI.UBEJ Salaries 6110 Executive Director. Direct Basis Part 6110 Executive Director - Metro-Dade Part 6110 Executive OIreclOl'- Allocated Part 6110 Housing otlicer 1 - Direct Basis Part 6110 Housing OIf1Car 1 . Metro-Dada Part 6110 Housing omcer 2 - Direct Basis Part 6110 HoUSII\g OlIicer 2 . Metro-Dade Part 6110 Housing OII'lCer 3 . Direct Basis Salary 6110 Commercial Revitallz. Spec. . Direct Basis Part 6110 Commercial Revitallz. Spec. . Metro-Dade Part 6110 MIS. Melro-Oade Part 6110 MIS. Allocated Part 6110 Contract CompUance Ollielll' . Allocated 6115 OlIice Manager - Metro-Oade Part 6115 OIIice Managlll' - Allocated Part 6115 HousIng Sec'y/lntake Clerk. Direct Basis Part 6115 Housing Sec'yllnlal<e Clerk - Metro-Dade Part 6115 SecrelarylReceptionlst. Direct Basis salary 6115 SecretarylClerical. Allocated 6115 Jan~onal - Metro-Oada Part 6115 Jan~orial. Allocated Part Salary Increases T olal 61l111rics T ollll Direct Salaries Allocation Basis Allocating Percent2llle Fringe Benefits 6140 Federal Payroll Tax 6142 Unemployment Tax 6150 Workmen&' Compensation 6145 Health Insurance 6155 other Fringe Benefits T olal Fringe Benefits T alai Personnel costs HOUSING CHOO OPTG o o o o o (62.600) o (62.600) o o o o o o o o o o o (62,600) 768 o 4.466 4.875 o 3.900 o 3,000 o o o :t~12 3.828 o 1,973 4.500 o o 1.521 o 393 3.201 35,737 17.042 10.63% 2,727 193 238 1,681 1,021 5,859 41.596 Version F HOUSING g-tOO OPTG Connd Cosfs 1211 AudIt 1.8041 e220 PnlfISIlclnal Setvlces 0 ToCaI Conlr3ct Coslt 1.11041 TraYelIllld TIlII1IIlOftaIio S510 TraYlli ~ and Canterenca 425 15520 Local TtaIlSpOltalIon .... 425 Tatal TmellI1d Transportal/on esl Space RcnlaI 11310 Olllce Space RenlaI 7,3113 TacaI Rental ExpenM 7,3113 Ocalpanc;y Casts 1660 UllIlIes 1.DlIJ IlIll2 JaniloIlaI SUpplla and W~ 121 110410 Ollica Equ/pnlenl 1,0113 8665 RepaIrs ancI MaInIeNnce 425 TotII Occupancy Costs 2,ll4o Ollica Expense --"="" 6845 0IIIca ~ 2.6l54 &650 Poage and 0edveIy 1.DlIJ M10 Comrrulicatianl es1 M15 Telephane 798 M15 Lang 0IUlwxe T~ 425 SCl35 ~ 7VI Mlo ~.PIIalograpny&AdY. 0425 8010 UBee MeetIng Costs e3S TCIClII 0lIIca EIlp8nM 7.658 Olller Costs lIG25 UembetaIIlcIIIld Cues 457 elIJO PuCIIIc:atIana and SubICriplcxls 319 Tatat CltIw COIlt ns Olhet Ofrect CoItt Ml0 ReIabIIalIon Costs 0 S1R!e\SClp' ~ 0 1110 Ralndrop SlaIf 0 8118 RAIN Moa1IlS P8nonneI Ellpensa 0 10410 RAIN & RaIndnlp o.ycare & OllIe. EquIpment 0 ee45 RAIN & Ra/ndIQp OllYClll'8 & Oflice SUpplies 0 &120 RAIN MolIIetI "GOd Vouc:IlIlS 0 &130 RAIN Mcaters Uedll:al VoucIlIlS 0 1110 RAlNUalMrsHoullngV~ 0 TotII Olher Dhc:t Casts 0 TOTAl. GRANT EXPENseS 82.800 NET GRANT INCOME 0 EXHIBIT C DISABILITY DISCRIMINATION AFFIDAVIT 17 '- DISABILITY NONDISCRIMINATION AFFIDAVIT CONTRACTREFERENCE/J16e..LX!- Ftf /vQ7/'1 ~ //-ornE C#t)o OPu2F177Nb- - NAME OF FIRM, CORPORATION, OR ORGANIZATION /Y!11'/rt1/ 6~/kJI ttJM/11Vrf,//7 pftltt.tJf7dll-AJr- ;\ " elM 7Oi<YIT7()fV AUTHORIZED AGENT COMPLETING AFi=IDA VIT IJE!IiJ \ If. f2L( 7 ') POSITION f}:jt5./;)? Jr- ~ PHONE NUMBER ~.s3S' --a:jr) - };;; /I/i~. II JU,{ ~ s I, . being duly first swom state: Tnat 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 requiremenb 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 an~"~..11 including Title I, Employment; little 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. Tne Federal Transit Act, 2S amended: 49 U.S.C. Section 1612. T:1e Fair Housing Ac: as amend;-:: 42 U.S.C. Section 3601-3631. StiBSCRIBED AJ.\(1) SWORJ.~:T9 (or affirmed) before me on Uv-JJ~1L ChftJ\ 1ZvY s (.-\4""fiam) s' I ()-/ 8G-j91. I Date ~ f}!J, IctQ1 (Date) bv . He/She is persocally knowu to me or ha.s.~ted .' . ,---- as identification.. ~, /';:---..'\, (Type of identification) U\ !~~ :\.." {Je( ..'" d ~ IVETTE CHAVARRIA *.* My Oommluion CC503306 EillplrlH OCt. 18. 1lWl't ..... ~'It ""t Q f ,...0..... CL~o350~ (Serial Number) ( 'cure or Noral'Y) /l' \ \ ('\l 1- \! ~ \\ Q y\ U\Akj(L~ Ct. (Print or sca'inp Name of Nocary) ", . :Notary Public .~ \ 0 ~\ ~ (j- Od. Igl~'D=) (State) Notary Se31 The City of Miami Beach will aot award a contract to any firm. corporation or organization that fails. <<? complete .md sub~[ chis Affidavit with rhe firm, corpor:1cioa or orcraniz3tioa's bid or proposal or fails co have chis AffidavlC on file WIth the CltY of Miami Beach. ~