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97-22374 RESO RESOLUTION NO. 97-22374 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 DEVELOPMENT CORPORATION IN THE AMOUNT OF SIXTY- FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS ($64,350) FROM THE CITY'S FISCAL YEAR 1996/97 ALLOCATION OF HOME FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1996/97. WHEREAS, on February 18, 1992, the City of Miami Beach was designated by the U.3. Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to rec:ehe funding through the HOME Program; and WHEREAS, the HOME Program is intended to expand the supply of affordable housing af d encourages 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. 9~- 20756, designating Miami Beach Development Corporation (MBDC) as a Community HOL sir g Development Organization (CHDO); and WHEREAS, in accordance with the HOME Program regulations, the City may provide lip 0 five percent (5%) of its HOME allocation each fiscal year for eligible operating expenses of a CHDO; and WHEREAS, on July 3, 1996, the Mayor and City Commission approved Resolution No 9)- 22046, adopting the City's One-Year Action Plan for Federal grants which specified the fiscal yeir 1996/97 CHDO operating expense set-aside. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION CF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Clerk are hereby authorizE!do execute a HOME Investment Partnerships Program Agreement with Miami Beach Developrnelt Corporation in the amount of Sixty-Four Thousand Three Hundred Fifty Dollars ($64,350) from tie City's fiscal year 1996/97 allocation of HOME funds for eligible Community Housing Developrnelt Organization operating expenses in fiscal year 1996/97. PASSED AND ADOPTED THIS ~ DAY OF May ,1997. F:MBDC\96CHD05%.RES fL I:IL '" TO . n,,) FORM & LANGliUAGE & FOR EXECUnON ATTEST: E ~6-Q~ck CITY CLERK 111 I.!J/~ ify Attornev _ ~/tJ) Date CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. 300-91 TO: Mayor Seymour Gelber and Members of the City Commission DATE: May 7, 199/' FROM: Jose Garcia-Pedrosa fir City Manager ... ,; .; I L A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIT'{ OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED HOME INVESTMEI'~T PARTNERSHIPS (HOME) PROGRAM AGREEMENT WITH MIAMI BEACH DEVELOPMENT CORPORATION IN THE AMOUNT OF SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS ($64,350) FROM THE CITY'S FISCAL YEAR 1996/97 ALLOCATION OF HOME FUNDS FOR ELIGIBLE COMMUNITY HOUSING DEVELOPMENT ORGANIZATION OPERATING EXPENSES IN FISCAL YEAR 1996/97. SUBJECT: ADMINISTRATION RECOMMENDATION: Approve 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 since fiscal year 1992/93. The primary purpose of the HOME Program is to provide funds to expand the supply of housing for income-eligible persons. The HOME Program encouragl~s partnerships between the government and the private sector, including for-profit and not- for-profit organizations, to acquire, construct, or rehabilitate housing for income-eligitle 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 non- profit called a Community Housing Development Organization (CHDO). The CHDO is required to utilize the 15% CHDO funds for housing development activities in which U,e 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)(3) or 501 (c)(4) I~:,S 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 DATE C- 1JL 5 -1:3 +- . .." AGENDA ITEM COMMISSION MEMORANDUM MAY 7, 199? PAGE .~ stated commitment to the development of affordable housing in the community it ser\e~, and the CHDO's board composition must meet the regulatory requirements of the HOME program. The Miami Beach Development Corporation (MBDC) was designated as the City's CHDO in 1993. 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 thn 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 1996/97 specifiec' $64,350 (5% of the annual HOME allocation of $1 ,287,000) for CHDO operating expenses For fiscal year 1996/97, U.S. HUD published an extensive revision of the HOI\t1E Investment Partnerships Program Final Rule, 24 CFR Part 91 and 92, which sets forth nev' regulations to implement the HOME Program. Prior to entering into new HOME Progr3rT agreements, and in order to comply with the revised Final Rule, the City has conduc':ec research and modified the attached agreement incorporating the required changes. Thi~ agreement has been prepared in accordance with the new HOME Rule and is retroactivE to October 1, 1996. The funds are to be utilized by MBDC as follows: * maintaining eligibility as a qualifying CHDO; eliciting input from the community, particularly from low-income prograrr beneficiaries, in decisions regarding design, siting, development and managemf~n of affordable housing projects; developing affordable housing strategies and programs; developing project-specific plans to implement such programs; identifying additional funding resources available to implement housing initiativl~s: including grant resources, mortgages and other funding; planning and developing affordable housing initiatives, including rental housing anc ownership housing for first-time home buyers, low-income families, and persons with special needs; and continuing the implementation of the following specific HOME Program initiativns. * * * * * * MBDC - FISCAL YEAR 1996/97 HOME PROGRAM CHDO SET-ASIDE ACTIVITIES: HOME OWNERSHIP PROGRAM: During fiscal year 1996/97, HOME Program 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. MBDC serves as a CHDO developer in this program by obtaining financfng: rehabilitating and COMMISSION MEMORANC UI:~ MAY 7, 19S17 PA(lIE 3 transferring title of the property and the HOME loan obligation to an income-eligibl3 homebuyer. SCATTERED SITE RENTAL UNITS: MBDC will continue its responsibilities as the CHDO owner of four scattered site condominium units acquired with HOME funds. This activitl provides rental units for income-eligible families. THE MADISON APARTMENTS: MBDC, through its wholly-owned affiliate I\1.E. Apartments, Inc., acquired and is rehabilitating the Madison apartments, located at :25) Washington Avenue. This project is funded through a combination of sources incluclin .~ City of Miami Beach and Metro-Dade County HOME funds, State Tax Credits, FIOI"id3 Housing Finance Agency HOME funds, Metro-Dade County Hurricane Trust funds, anj private loans. The building has undergone a gut rehab with all work scheduled fc r completion in May 1997. This 18,000-square-foot property was formerly a vacan, boarded-up hotel which has now been reconfigured into a high quality project that wi I provide 17 efficiency, one-, two-, and three-bedroom units which will be rented to income- eligible families. THE JEFFERSON APARTMENTS: Utilizing City of Miami Beach HOME funds fe" acquisition and pre-development costs, MBDC will acquire the Jefferson Apartmert 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. MBDC will function as a CH DO owner and developer of this project. CONCLUSION: The Administration recommends that the Mayor and City Commission adopt the attactled Resolution authorizing the Mayor and City Clerk to execute the attached HOME Investmen: Partnerships Program Agreement with Miami Beac~ Development Corporation in tho amount of Sixty-Four Thousand Three Hundred Fifty dollars ($64,350) from the Ci':y':; fiscal year 1996/97 allocation of HOME funds for eligible Community Housin~1 Development Organization operating expenses in fiscal year 1996/1997. JGP/~/MDC/BS f:bs:rnbdc:96chdo5%.mern ~:f. OPERATING AGREEMENT )(d~ THIS AGREEMENT, entered into this~ day of ~,1997 by and between the CITY OF MIAJII BEACH, a Florida municipal corporation, having its prir<cipal office at 1700 Convention Center [lrh.. e, Miami Beach, Florida, (hereinafter referred to as the City), and the MIAMI BEACH DEVELOPMEr',IT CORPORATION, a not-for-profit Florida corporation, with offices located at 1205 Drexel Ave,me, Miami Beach, Florida (hereinafter referred to as MBDC). WITNESSETH: WHEREAS, The City has been designated by the United States Department of Housin~ 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 the U.S. Department of HOllsing and Urban Development (HUD) for the purpose of conducting an affordable housing program wiilh federal financial assistance under the HOME Investment Partnerships Program; and WHEREAS, the City has determined the necessity for providing affordable housing in I\iliami Beach through its One-Year Action Plan for Federal Funds for FY 1996/97, which was adoptE!d >y City of Miami Beach Resolution No. 96-22046, on July 3, 1996; and WHEREAS, the Mayor and City Commission, by Resolution No. 93-20756, designated MBCC as a qualified Community Housing Development Organization (CHDO) under the HOME Investme'lt Partnerships Program; and WHEREAS, MBDC 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 offic al act of the MBDC governing body, authorizing the execution of this Agreement, including 111 understandings and assurances contained herein, and authorizing the person identified as the offic al representative of MBDC to act in connection with this Agreement and to provide such additoral information as may be required; and WHEREAS, the City desires to engage MBDC to render certain services in conneGtion therewith. NOW, THEREFORE, in consideration of the mutual promises contained herein, the partills 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, 24 CFR 92, as amended. (b) HUD: United States Department of Housing and Urban Development or any success)r agency. (c) CHDO: Community Housing Development Organization as defined in the HOME Investmerlt Partnerships Program, 24 CFR Part 92, as amended. (d) Funds: HOME Program funds. (e) Operating Expenses: Such expenses include salaries, wages, and other empli)yee compensation and benefits; employee education, training, and travel; rent; utilities; communic,:Ition costs; taxes; insurance; and equipment, materials and supplies. Operating expense funds may n)t be used to pay operating expenses incurred by a CHDO acting as a subrecipient or contractor und~r the HOME Program. (f) Terms defined in the HOME Investment Partnerships Program Consolidated Rule, 24 CF R 92, September 16, 1996, and any amendments thereto: Any term defined in the HOME Investme1t Partnerships Program rule, not otherwise defined in this Agreement, shall have the meaning set for:h in said rule. ARTICLE II BUDGET AND SCOPE OF SERVICES The City will provide Sixty Four Thousand Three Hundred-Fifty Dollars ($64,350) (the FUlldl), from its fiscal year 1996 HOME allocation to MBDC to be used for eligible operating eXpe!1Sli!S relative to CHDO activities in accordance with Exhibit "A", Scope of Services and Exhibit "E ", Operating Budget, attached hereto and incorporated herein by reference. The funds will be.lsed solely to pay reasonable and necessary costs for the operation of the CHDO acting in its capac ty as a CHDO under the HOME Program during the period October 1, 1996 through September 3), 1997. ARTICLE III PROCEEDS FROM HOME INVESTMENT MBDC agrees that the net proceeds generated from the use of HOME funds to ass 5t homebuyers in connection a CHDO set aside project for the development of homebuyer hOllSillg under 24 CFR 992.254,(Le., interest on HOME loans, the proceeds from permanent financing) mlY be retained by MBDC to further HOME-eligible housing or other affordable housing activities :0 benefit low-income families. However, any recapture of HOME funds not meeting the affordabil ty requirements of 24 CFR 992.252 or s92.254, as applicable, will be considered program income and will be repaid in accordance with the requirements of 24 CFR s92.503. ARTICLE IV SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER THE HOME PROGHA ~ MBDC expressly agrees to the following terms and conditions in conformity with 24 CFR P,irt 92: (a) The Funds shall be subject to all of the terms and conditions of the HOME Program, ::4 CFR Part 92, and any amendments thereto. (b) It will commit CHDO set aside funds from the City within twenty-four months of re:elot of CHDO operating funds pursuant to this Agreement, and will execute specific CHDO Project Agreement(s) with the City for the set aside funds within twenty-four months of receiving the f.lntls for operating expenses. The City, at its sole discretion, may require commitment of CHDO set C1side funds within a shorter time period. 2 (c) It will maintain a financial management system that conforms to the financal accountability standards of Attachment F of OMB Circular A-110. (d) Affinmative Marketina. MBDC agrees to adopt written affirmative marketing procec!unns and requirements for HOME-assisted housing containing five or more housing units as set forth ,in 24 CFR 92.351. (e) CHDO Capabilities. MBDC as a CHDO agrees to either develop, sponsor or own tl:le HOME assisted projects and in any of these capacities it must have effective management contnJI. (f) Chanae in Status: MBDC agrees to advise the City in writing within thirty (30) days,)f any organizational, operational, or legal status changes made by MBDC that affect documents th:lt were submitted by MBDC to obtain CHDO status. (g) Property Standards: MBDC agrees to comply with the property standards requiremenls as set forth in 24 CFR 992.251. ARTICLE V ELIGIBLE COSTS MBDC agrees that eligible operating expenses under this Agreement are limited to tl'o~e eligible costs for operating expenses as outlined in 24 CFR 992.208 of the HOME Prowan 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 Fo ,Jr Thousand Three Hundred-Fifty Dollars ($64,350) of FY 1996 HOME funds. Such funds mw;t I,e expended during the tenm of this Agreement and any remaining balance of funds shall revert to tI e City. ARTICLE VI METHOD OF PAYMENT MBDC shall be paid as described below: (1) MBDC shall be paid for eligible costs, permitted under the Scope of Services based on aGtu al costs, with supportive documentation for expenses that are considered reasonable and necessay and approved by MBDC's authorized representative. MSDC shall be paid only for those expenditurEs contained within Exhibit "B" Budget to this Agreement as it may be revised with the prior approv:l1 of the City. Documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accoulltir g principles, procedures and practices which sufficiently and properly reflect all revenues ar d expenditures of funds provided directly or indirectly by this Agreement. b. A system of allocation that will assure reliable cost measurements and customary selvic. e delivery costs. c. Time sheets for split-funded employees, who work on more than one activity, in ord3r 0 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 ro 3 later than the 10th day of the succeeding month. Failure to comply may result in rejectic'n )f invoices. In no event shall the City provide advance HOME funding to MBDC nor shall M:3CC advance HOME funds to any party. (3) Any payment due under the terms of this Agreement may be withheld pending the receipl ar d approval by the City of all reports and documents which MBDC 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 t~is Agreement. Such evidence must be on file with the City. (5) MBDC understands and agrees that disbursement request of funds under this Agreernelt are only to be requested when the funds are needed for payment of eligible costs. The amount )f each request must be limited to the amount needed. ARTICLE VII SUBCONTRACTS (a) MBDC agrees that none of the work or services covered by this Agreement, including but n)t limited to consultant work or services, shall be subcontracted or reimbursed without the prior writtEn approval of the City. (b) MBDC agrees to include in the subcontract that the subcontractor shall hold the Ci:y harmless against all claims of whatever nature arising out of the subcontractor's performanc:e )f work under this Agreement to the extent allowed by law. (c) If MBDC subcontracts, a copy of the executed subcontract must be forwarded to the Ci:y within ten (10) days after execution. ARTICLE VIII CONDITIONS OF SERVICES (a) As a condition of these services, MBDC agrees to comply with the regulations of the HOIVE Program and any Amendments thereto as stated in 24 CFR Part 92. (b) MBDC agrees to comply with the requirements of Executive Orders 11625 and 1:!4: 2 concerning Minority Business Enterprise and 12138 Women's Business Enterprise whi<. h encourage the use of minority and women's business enterprises, to the maximum extent possibl 3, in connection with HOME-funded activities. (c) MBDC agrees to comply with the Displacement, Relocation, and Acquisition requiremens in accordance with the Uniform Relocation Assistance and Real Property Acquisition PoI'ciES Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24. (d) MBDC agrees to comply with all of the following federal laws, executive orders ar d 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 th lt no person may be excluded from participation in, denied the benefits of, or subjected 0 discrimination under any program or activity receiving federal financial assistance on the basis )f 4 race, color, or national origin. Its implementing regulations may be found in 28 CFR Part 1. (2) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act'" (~:2 U.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 -- Prohibits discriminaticn in the sale or rent of units in the private housing market against any person on the basis of rac~, color, religion, sex, national origin, familial status or handicap. 3) Equal Opportunity in Housing (Executive Order 11063, As Amended by Executive Ord,,~r 12259) and implementing regulations at 24 CFR Part 107 -- Prohibits discrimination in housing>r residential property financing related to any federally assisted activity against individuals on the tas s of race, color, religion, sex or national origin. 4) Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101) and its implementir g regulations at 24 CFR Part 146 -- Prohibits age discrimination in programs receiving federal finalci:31 assistance. 5) Equal Employment Opportunity, Executive Order 11246, As Amended and is implementing regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee, lr applicant for employment because of race, color, religion, sex, or national origin. Provisiorls 0 effectuate this prohibition must be included in all construction contracts exceeding $10,000. (e) MBDC agrees to comply with the requirements of Section 3 of the Housing and Urb.m Development Act of 1968 (12 U.S.C. 1701u) -- Requires that, to the greatest extent feasibl~, opportunities for training and employment arising from HOME will be provided to low-income pemor s residing in the program service area; and, to the greatest extent feasible, contracts for work to t e performed in connection with HOME will be awarded to business concerns which are located in 'lr owned by persons residing in the program service area. (f) MBDC will ensure that all units in a project assisted with HOME funds comply with the Leslid Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing regulations It 24 CFR 35. (g) MBDC agrees to comply with the Federal Labor Standards Provisions, as described in I-lUJ Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community Developrnelt Programs) -- Applies to all projects with 12 or more HOME-assisted units, regardless of whE,!th,!r HOME funds are used for construction or other costs. ARTICLE IX TERM OF AGREEMENT This Agreement shall become effective on October 1, 1996 and shall continue un:il September 30, 1997. ARTICLE X TERMINATION The City and MBDC agree that this Agreement may be terminated in whole or in pan, fl)r cause, (as more specifically defined in Article XXVI herein) or for convenience, in accordance wi'h 5 the provisions of 24 CFR, Part 85.44. A written notification shall be required at least thirty (30)ja"s prior to the effective date of such termination, and shall include the reason for the termination (if f >r cause), the effective date, and in the case of a partial termination, the actual portion to I,e terminated. Notwithstanding the language set forth herein, the City's reasons for terminatinn tile Agreement for convenience, in whole or in part, shall not be arbitrary or capricious. ARTICLE XI AMENDMENTS Any alterations, variations, modifications or waivers of any provisions to this Agreemer t, including an increased allocation of funds, shall only be valid when they have been produced n writing and duly signed by both parties hereto. Any changes which do not substantially change tI e Scope of Services or increase the total amount payable under this Agreement, shall be valid or Iy when reduced to writing and signed by the City Administration and MBDC. ARTICLE XII CONFLICT OF INTEREST (a) MBDC shall comply with the standards contained in 24 CFR Part 92.356 which s1ah~s that no owner, developer or sponsor of a project assisted with HOME funds (or officer, emplcye~, agent or consultant of the owner, developer or sponsor) whether private, for profit or non-pro"it (including a CHDO) when acting as an owner, developer or sponsor) may occupy a HOME-ass sttd affordable housing unit in a project. This provision does not apply to an owner-occupant of sillgl~- family housing or to an employee or agent of the owner or developer of a rental housing project wi 0 occupies a HOME assisted unit as the project manager or maintenance worker. Exceptions mclY Ie granted by the City in accordance with 24 CFR Part 92.356(f)(2). (b) MBDC shall comply with the standards contained in 24 CFR Part 92.356. (c) MBDC shall disclose any possible conflicts of interest or apparent improprieties 0" alllY party that is covered by the above standards. MBDC shall make such disclosure in writing to the City immediately upon MBDC's discovery of such possible conflict. The City will then render an op ni< n which shall be binding on all parties. (d) Related Parties. MBDC shall report to the City the name, purpose, and any oth~r 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 Boa d of Directors, and an organization for which MBDC is responsible for appointing memberships. M i3C C shall report this information to the City upon forming the relationship or, if already formed, shall mpc. rt it immediately. ARTICLE XIII INDEMNIFICATION AND INSURANCE MBDC, through an insurance carrier, shall indemnify and hold harmless the City from any ar d all claims, liabilities, losses, and causes of action which may arise out of an act, omis:;iol, negligence or misconduct on the part of MBDC or any of its agents, servants, emplo~ee 5, contractors, patrons, guests, clients, or invitees. MBDC, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in tte name of the City, when applicable, and shall pay all costs and judgements which may issue thereOl. 6 MBDC, through an insurance carrier, shall provide a General Liability Policy with cove ra!qe for Bodily Injury and Property Damage, in the amount of $500,000 per occurrence (the policy llLSt include coverage for contractual liability to cover the above indemnification); and the City of I\ilia ni Beach shall be named as an additional insured followed by the statement: "This covera!le iis primary to all other coverage carried by the City covering this specific agreement onl),." MBDC shall hold proof of Workers' Compensation Coverage as per statutory limits of the Stcteof Florida. Automobile and vehicle coverage shall be required when the use of automobiles and oth3r vehicles are involved in any way in the performance of the Agreement. MBDC 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 relea;eof any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk Manag3r within thirty (30) days after the execution of this Agreement, this Agreement shall become nul and void, and the City shall have no obligation under the terms thereof unless a written extension 0' tt is thirty (30) day requirement is secured from the Risk Manager. ARTICLE XIV REPORTS (1) ProQress Reports. MBDC agrees to submit monthly status reports which shall describl~ the progress made by MBDC 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 of3all:h month. It will be the responsibility of MBDC to notify the City in writing, of any actions, law, or e'lent, that will impede or hinder the success of the activities contemplated by this Agreement. After;uli:h notification the City will take whatever actions it deems appropriate to ensure the success of the program. (2) Annual Report. MBDC shall submit a cumulative status report (hereinafter referred jo i,ilS "Annual Report") which shall describe the progress made by MBDC in achieving each 0" tile objectives identified in Exhibit "A" during the previous year. The "Annual Report" reporting pl~riCid covers a twelve (12) month period beginning October 1, 1996 and ending September 30, 1997, and shall be received by the City by October 15, 1997. (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 complet,~d in the manner acceptable to the City, the City may withhold further payments until they are completl!d 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 tie comptroller of the United States may deem necessary, there shall be made available to the C ty 7 Administration andlor representatives of the comptroller to audit, examine and make audits ,)f ,III contracts, invoices, materials, payrolls, records of personnel, conditions of employment and oth~r data relating to all matters covered by this Agreement. If during the course of a monitoring, the C'ty determines that any payments made to MBDC do not constitute an allowable expenditure, the C 'ty will have the right to deduct/reduce those amounts from their related invoices. MBDC must maintal!ln records necessary to document compliance with the provisions of this Agreement. ARTICLE XVI COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS MBDC agrees to comply with all applicable Federal regulations as they may apply to pronr8l1l administration. Additionally, MBDC will comply with all State and local laws and ordinances hflre:o 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 HO~i E Investment Partnerships Program funds and must comply with all applicable HUD rules al:ld regulations. It is expressly understood and agreed that in the event of curtailment )r nonproduction of said federal grant funds, that the financial sources necessary to continue to PlY MBDC compensation will not be available and that this Agreement will thereby terminate effecti' 'e as of the time that it is determined that said funds are no longer available. In the event of such determination, MBDC agrees that it will not look to, nor se,3k to hold liable, the City or any individual member of the City Commission thereof personally for Hie performance of this Agreement and all of the parties hereto shall be released from further lic,bil ty 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 tt is Agreement. (c) In the event of conflict between the terms of this Agreement and any terms :>r 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 wai\;er of any subsequent breach of the same or any other provision hereof, and no waiver shall be effecti Ie unless made in writing. ARTICLE XVIII ACCESS TO RECORDS MBDC, agrees to allow access during normal business hours to all financial recon::ts to authorized Federal, State or City representatives and agrees to provide such assistance as may le necessary to facilitate financial audit by any of these representatives when deemed necessary to insure compliance with applicable accounting and financial standards. MBDC shall allow acce;s 8 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 Cit '(. ARTICLE XIX SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement sha I n)t be affected thereby if such remainder would then continue to conform to the terms and requirerr en !:s of applicable law. ARTICLE XX PROJECT PUBLICITY MBDC agrees that any news release or other type of publicity pertaining to the projeGt ,liS stated herein must recognize the City as the recipient funded by the United States Department )f Housing and Urban Development administered by the Economic and Community Developrnelt Division of the Development, Design and Historic Preservation Department and the entity Vl'hic ,h provided funds for the Project. ARTICLE XXI RELIGIOUS ORGANIZATIONS MBDC agrees that the Funds will not be provided to primarily religious organizations fOI any activity including secular activities in accordance with 24 CFR ~92.257. ARTICLE XXII NONDELEGABLE MBDC agrees that the obligations undertaken pursuant to this Agreement shall nc tIe delegated or assigned to any other person or firm unless the City shall first consent in writing to tt e performance or assignment of such service or any part thereof by another person or firm. ARTICLE XXIII SUCCESSORS AND ASSIGNS MBDC agrees that this Agreement shall be binding upon the parties herein, their heir;, executors, legal representatives, successors, and assigns. ARTICLE XXIV INDEPENDENT CONTRACTOR MBDC and its employees and agents shall be deemed to be independent contractors ar d 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 helshe shall not be deemed entitled to the Florida Workers' Compensatic n benefits as an employee of the City. 9 ARTICLE XXV ASSIGNMENT This Agreement may not be assigned or transferred by MBDC without the prior writtE n consent of the City thereto. It shall be deemed a default of this Agreement in the event that M 3DC does not strictly comply with the procedures established herein for obtaining City consent '0 assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, n the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreemert, and resort to its rights and remedies against the defaulting party. In the event MBDC transfer s c n interest of more than one (1 %) percent ownership in its stock by pledge, sale, or otherwise; or if MBDC makes an assignment for the benefit of its creditors, or uses this Agreement as security >r collateral for any loan; or if MBDC is involved in any bulk transfer of its business or assets, then n that event each of the foregoing actions shall also be deemed an assignment of this Agreement ar d shall require the City's prior written consent. A merger, dissolution, consolidation, convemiol, liquidation or appointment of a receivership for MBDC, shall be deemed an assignment of th s Agreement and will require the prior written consent of the City thereto. ARTICLE XXVI EVENTS OF DEFAULT The City may place MBDC in default of this Agreement and may suspend or terminate th s Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause" shall includE! tt e following: (a) Failure to comply andlor perfonm in accordance with any of the terms and condil ior s of this Agreement, or any Federal, State or local regulation; (b) Submitting any required report to the City which is late, incorrect, or incomplete ir allY material respect after notice and reasonable opportunity to cure, as set forth n subparagraph (h) hereof, has been given by the City to MBDC; (c) Implementation of this Agreement, for any reason is rendered impossible >r infeasible; (d) Failure to respond in writing within thirty (30) days of notice of same from City tc any concems raised by the City, including providing substantiating documentation whE n requested by the City; (e) Any evidence of fraud, waste or mismanagement as determined by the Cit) s monitoring of project(s) under this Agreement, or any violation of applicable I-fLD rules and regulations; (f) MBDC's insolvency or bankruptcy; (g) An assignment or transfer of this Agreement or any interest therein which doe~; n >t comply with the procedures set forth in Article XXV herein; (h) Failure to comply andlor perform in accordance with the affordability requirements, and/or an unauthorized transfer of title to it's HOME Projects. 10 In the event of a default the City may, thirty (30) days after mailing to MBDC a notice of ~;uch default as set forth herein, automatically cancel and terminate this Agreement without liability tc any party to this Agreement. If the default complained of is not fully and satisfactorily cured within lhir:y (30) days of MBDC's' receipt of such notice of default to MBDC, at the expiration of said thirty (30) day period (or such additional period of time (as permitted by the City, in its sole discretion) ciS required to cure such default in the event MBDC is diligently pursuing curative efforts) th s Agreement may, at the City's sole option and discretion, be deemed automatically canceled ard terminated, and the City fully discharged from any and all liabilities, duties and terms arising out cf, 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 ordl~ro enforce the City's rights and remedies against the defaulting party. The City shall be entitlE!d 0 recover all costs of such actions, including reasonable attomey's fees. To the extent allowed by la'I, the defaulting party waives its right to jury trial and its right to bring permissive counterclaims again;t the City in any such action. ARTICLE XXVIII MAINTENANCE AND RETENTION OF RECORDS MBDC agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in en orderly fashion in a readily accessible, permanent and secured location, and that it will prepare ar d submit all reports necessary to assist the City in meeting record keeping and reporting requiremen 5 thereunder. (1) Records shall be maintained for a period of five (5) years after the closeout of funds u nd!r 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 renullr expiration date, the records must be retained until completion of the action and resolution of nil issues which arise from it, or until the end of the regular period specified in paragraph (1), whichev!r is later; (3) Records regarding project requirements that apply for the duration of the period )f affordability, as well as the written agreement and inspection and monitoring reports must t. e 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) yeas after the date by which the persons displaced from the property and all persons whose property s acquired for the project have received the final payment to which they are entitled in accordance wi h 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 (n 11 the City's liability for any cause of action for money damages due to an alleged breach by the Ci y of this Agreement, so that its liability for any such breach never exceeds the sum of $64,350.0 ). MBOC hereby expresses its willingness to enter into this Agreement with MBDC's recovery from tte City for any damage action for breach of contract to be limited to a maximum amount of $64,350.0 ). Accordingly, and notwithstanding any other term or condition of this Agreement, MBDC herely agrees that the City shall not be liable to MBDC for damages in an amount in excess of $64,350.0), for any action or claim for breach of contract arising out of the performance or non-performan<:e )f any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph, lr elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon tt e 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 necessa y by either party with respect to the enforcement of any or all of the terms or conditions hereil, 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 b) th s Agreement to be used for the compensation, originated from grants of federal HOME Investmelt Partnerships Program funds, and must be implemented with all of the applicable rules and regulatic n of the U.S. Department of Housing and Urban Development. It is expressly understood and agreE d that in the event of curtailment or non-production of said federal grant funds, that the finalci:!1 sources necessary to continue to pay the Provider compensation will not be available and tha1 th s Agreement will thereby terminate effective as of the time it is determined that said funds are r 0 longer available. In the event of such determination, MBDC agrees that it will not look to, nor :;el!k to hold liable, the City or any individual member of the City Commission thereof, personally fo' tt e performance of this Agreement and all parties hereto shall be released from further liability each 0 the other under the terms of this Agreement. ARTICLE XXXII ACCESSIBILITY LAWS COMPLIANCE MBOC agrees to adhere to and be governed by all applicable requirements of the laws lislE d below including, but not limited to, those provisions pertaining to employment, provision of prograns 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 implementir g regulations at 35 CFR Part 107 -- States that public (Le., those intended to be accessible to tt e general public) buildings and conveyances financed with federal funds are designed, constructe j, or altered to provide accessibility to the physically handicapped. b) MBOC must comply with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 79~) and implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally assislE d programs on the basis of handicap and imposes requirements to ensure that "qualified indiviclu81 s with handicaps" have access to programs and activities that receive federal funds. 12 c) Title VIII of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 U.S.C. 330 ) and its implementing regulations at 24 CFR Part 100-115. MBDC must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a GOI"y of which is attached hereto and incorporated herein as Exhibit "C". In the event MBDC fails 0 execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidav t, the City may impose such sanctions as it may determine to be appropriate, including but not limitE. d to, withholding of payments to MBDC under the Agreement until compliance andlor cancellati01, termination or suspension of the Agreement in whole or in part. In the event the City cancels >r terminates the Agreement pursuant to this Article, MBDC shall not be relieved of liability to the Ci:y for damages sustained by the City by virtue of MBDC's breach of the Agreement. ARTICLE XXXIII NOTICES All notices shall be sent to the parties at the following addresses, with copies to the Cffi<e of the City Attorney: City: Harry S. Mavrogenes, Assistant City Manger City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 MBDC: Denis Russ, President Miami Beach 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. / J<F11l!.I- t<E/II/VCL.)' '."A7 MIAMI BEACH DEVELOPMENT CORPORATIO iJ A FLORIDA NOT-F~-PROFIT CORPORATICN / /j '/.;:f , /-'/'(;'<'-..<'-'-::- "7j / .4' , ,---1--/[/<...1)5 /7. ((5(" 1 b-~:s /.;(~/.;.-~ Authorized Sign,:ltc ry Printed Name and Ti'le WITNESSES: '-a1 . If ~l'1:.'t;X.i,,- ,lft'cYe: &K". I .) /' ~/ // /'/, 'iJ./{ J ,.I ... lI> . ,..,.- ._' ,......__,..., ATTEST: 1 i~ ,...l'~.-..! rV'lay;r~ Ro~a- Pa..~ City Clerk f: bs:mbdc:96chdoop, agr 13:J F~:~~~ & FOR EXECUTION At;!IdIL City Attorney -0 /27 Dote EXHIBIT A SCOPE OF SERVICES 14 JlbuIJl Beach Develop.est CorporatJoll CBDO Ooeratio2 E~penses Section 92.208 Eligible community housing development organization (CHDO) operating expense and capacity building costs. , (a) Up to 5 percent of a participating jurisdiction's fiscal year HOME allocation may be used fur the operating expenses of conununity housing development organizations (CJIDOs). These funds may not be used to pay operating expenses incurred by a CHDO acting as a sub recipient 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; rent; utilities; communication costs~ taxes; insurance; equipment; materials and supplies. . . .[HOME Investment Partnerships Program, Final Rule. 24 CFR Part 92. September 16, 1996] CHDO operating funds an: the Dle3Jl1I to permit CH.DOs to SllCOeSSfully use HOME :fUnds for projects in which they are OWllet'S, ~DSOrs or developers. 1'br.sc opemling funds may be used fO!' general administrative and opctating expenses as well as for project costs. but they are being provided in connection ~ith the anticipated use of HOME funds. Seoue of Servit~5 Maintain eligibility ofMBDC as a qualifying CHDO. Elicit input from the community. particularly from low-income program beneficiaries, in decisions regarding design. citin& 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: Scattered site home ownership program; Scattered Sites Rental Units; Acquisition, rehabilitation and operation of The Madison Acquisition. rehabilitation and operation of The Jefferson. EXHIBIT B BUDGET 15 041291'97 Miamo Beach DewIopmenl CO<JlOf'ation Operating Grant Budgets October 1. 199610 SeplOOlber 30.1997 PROPOSED 1991>-1997 HOUSiNG BUDGET CH)() OPTG 5010 CMIl Commercial RlNilaiZal, (328,411) 0 5020 CMIl Sc_ed Sites Aeqlis, (75.000) 0 5025 CMIl Sc8llered Sltes Otspos, (75.000) 0 5030 CMIl MulIi-Family Rehab (lOO.OOO) 0 5040 CMIl HQt,E Housing PIlllJ'8ffi (64.350) (64 .350) 504 5 CMIl RAIN Molher.; Assist, (35.000) 0 CMIl Grant Income (677,761 ) (64.350) 5035 Melro CDBG-Commercial RlNilaiz (42.000) 0 5037 Metro ~ng (50.000) 0 MeIr<>-Oade GrWllI ncome (92.000) 0 Other Gr8l1llncome 5070 Dade COIllITll.flity FOU1dation (50.000) 0 5246 Miami Design Preserlllllon League 112.(00) 0 LR. ConIrect (10.000) 0 Florida Meln Slreet Awerd (10.000) 0 Washington IWeI'lJ8 Otstnct Support (8.000) 0 Secooty ConIrect (10.055) 0 5244 Souh Beach Marketing S\4lPOft (12.000) 0 MBOC General Fund (50.000) 0 TOTAL GRANT INCor.E (931.816) (64 .350) EXPENllllUlES Salaries 6110 ExecUive Otrector - Otrect Basis Part 52.265 3,536 6110 ExeclJive Otrector - Melro-Dede Part 10,735 0 6110 ExecUiveDirector - Allocated Part 21.000 2.272 6110 Cornnwcial ReYilal!z, Spec, - Otrect Basis Part 5.000 0 6110 Convnercial ReYilal!z, Spec, - Metro-Dade Part 32.500 0 6115 Secretary -Direct BaSIS Salary 17.500 0 6110 Housing Project Ptenner - Direct Basis Salary 10.000 1.000 6110 Housing Officer 1 -Direct BaSIS Part 31.000 4.650 6110 Housing Officer 1 - Melro-Dade Part 7.500 0 6110 Housing Officer 2 - Direct Basis Part 26.000 3.900 6110 Housing Officer 2 - Melro-Dade Part 6.000 0 6110 Housing Officer 3 - Direct Basis Selery 22.500 6.188 6115 Housing Sec'ynnrak8 Oerk - Otrect Basis Part 18.000 3.600 6115 Housing Sec'ynrtalCe Oerk - Melro-Dade Part 4.000 0 6115 Office Manager - Melro-Dade Part 2,447 0 6115 Office Manager - ~ated Part 18.553 2.007 6110 MIS - MeIr<>-Oade Part 4.853 0 6110 MIS - AIOcaled Part 32.147 3,476 6110 ConIrect Compliance Officer - ~eled 35.000 3.786 6115 ~-AIocated 14.000 1.515 6115 Janitorial- Melro-Oede Part 1.500 0 6115 Janitorial- AIocaled Part 3,700 400 Economic DeYeiopmeft Coord,- Noo-Grent Pert 29.167 0 TolaI Salaries 405.367 36.332 TolaIDirect Salaries ~ation Basis 211.431 22.874 ~ating percertage 10,82% Fringe Benefits 6140 Feder8l Peyrol TIIlC - Melro-Oede Part 5,320 0 6140 Feder8l Psyrol TIIlC - AIoCated Part 25.691 2,779 6142 \k1en1llOYfnanI TIIlC - Melro-Dade Part' 684 0 6142 Unemployment TIIlC - AIoCated Part 1.816 196 6150 Wor1anens' CompensaII(]fI- MilIro-Dade Part 666 0 6150 Wor1anens' CornpensatI(]fI- AIoCated Part 2.834 307 6145 _lllSUllrlCe - MilIro-Dade Part 5.313 0 6145 _lnsII'ance - ~eled Part 25.386 2.746 6155 Other Fringe Benefits - Melro-Dade Part 3.000 0 6155 Other Fnnge Benefits - ~aled Part 9.600 1.039 TOIaI Fnnge Benefits 80.309 7.067 TolaI Personnel Costs 485.676 43.399 lersion LB 04129197 1996-1997 HOUSING BLOGET CI-OO OPTG ConIract Costs 6211 Audit - MelrG-Dade Part 2.000 0 6211 Audit - AIocalad Part 16.000 1.731 T 0IaI COltTact CoslS 18,000 1,731 TrlMllllld Transportalion 6510 Trawl Serrinws and Conferences 4.000 433 6520 Local Trmsportallon 4,000 433 Total Trawl lIld Transporlallon 8.000 865 Space RerIal 6310 Office Space RerIal 75.000 7.521 Total RerIal Expense 75.llllO 7.521 Occupancy Costs 6660 U1J~lies 10.000 1,082 6662 Janitonal Suppbes and Wlt.er 1.200 130 6410 Office E<JJIpmenI 8,700 941 6665 Repairs end Melltenance 4 ,000 433 Total Occupancy CoslS 23.900 2,586 Office Expense 6645 Office Sl4>Plies 23.640 2.557 6650 Postage lIld Delivery 9.000 974 6610 COlmU'IicaIJons 8.000 865 6615 Telephone 7.200 779 6615 Long Distance Telephone 3.600 389 6635 1nslJ'8IlCe 7.500 811 6610 Miscellaneous Photogaphy & />dot, 4.llllO 433 8010 MBDC Meeling CoslS 6.000 649 TOIaI Office EJcpense 66.940 7.458 0Iher CoslS 6625 Membership lIld Dues 4,300 465 6630 PWlcalions and SUbSCriptions 3.000 325 T 0IaI 0Iher CosIS 7.300 790 0Iher Direct CosIS 6810 Rehabllitalion CoslS 200.000 0 WAAlMain Street ConIract 10,000 0 6110 RllIraop sian 4.000 0 6116 RAIN MoIhers Persomel Expenses 14.000 0 6410 RAIN & RllIndrop Dayclll'e & Office Eql.ipmenl 500 0 664 5 RAI N & RllIndrop Dayclll'e & Office Supples 500 0 8120 RAIN MoIhers Food Vouchers 10.000 0 8130 RAIN Mothers Medical Vouchers 3.000 0 8110 RAIN _rs Housing Vouchers 3.000 0 Total Olher Diract CoslS 245.000 0 TOTAL GRANT EXPENSES 931.818 64.350 NET GRANT INCOME 0 0 0Iher Projecllncome The Madison 2,501.205 The Jener.;on 1.590.519 ScaIler9d Sites HlllI1llOWI19f91P 450.000 Security Cortracl 185.033 5244 Souh Beach Mar1<adng S~ 138,000 Total 0Iher Project FLnding 4.664.757 Version LB EXHIBIT C DISABILITY DISCRIMINATION AFFIDAVIT 16 DISABILITY NONDISCRIl\1INATION AFFIDAVIT CONTRACT REFERENCE MBDC CHDO OPERATING HOME AGREEMENT FY 1996/97 NAME OF FIRM, CORPORATION, OR ORGANIZATION MIAMI BEACH DEVELOPMENT COR 'ORATION DENIS RUSS AUTHORIZED AGENT COMPLETING AFFIDAVIT: POSITION President PHONE NUMBER (305) 538-2860 I Deni s A. Russ , J being duly first swom state: That the above named firm, corporation or organization is in compliance with and agrees to conti lue to comply with, and assure that any subcontractor, or third party contractor under this project COll~ lies with all applicable requirements of the laws listed below including, but not limited to, those provisic ns pertaining to employment, provision of programs and services, transportation, communication~;, 2 ccess 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 47 V.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Seriic:s; Title;; III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunca ions; 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. SUBSCRIBED AND SWORN TO (or alfumed) before me on .J)ENIS A.f(uss (Affiant) . Signature /liEL-<- / J: /~. 9 '/ I ' Date 7h.~ <?/ I ~ ? 7 ate) . He/She is personally knO\\1l to me or has The Fair Housing Act as amended: 42. U.S.C. Section 3601-3631. by prc~nted (Type of identification) ~7lJ~ (Signature of Notary) as identification. =;F DC f1~gS;L (Serial Number) :rUD ITH MARSHA LL Lj.-d-.,;(;)'-97 (print or Stamp Name of Notary) (Expiration Dale) Notary Public 5TIt T E.. C! F F L 0 /2../ O~ C.OUNtY Q F~:h E (State) JUDITH MA \SHALL MY COMMIS'IION,' cc 448852 EXPIRES: Ap/!' 28, 1999 . Bonded l111U NOtl'Y FlbIlc ~ Notary Seal The City of Miami Beach will not award a contract to any finn, corporation or organization that fails to complete cllld ~. Jbmit this Affidavit with the firm, corporation or organization's bid or proposal or fails to ha\'~ tlUs A11ida....it on file with the Ci~ ofMiJIlll Beach.