PSA with HOPE, Inc. 2ova- 3d3etc)
PROFESSIONAL SERVICES AGREEMENT
4 ; 'BETWEEN THE CITY OF,MIAMI BEACH •
:;:-.:HOUS.ING.OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.)-
FOR
ANALYSIS OF IMPEDIMENTS (Al) TO FAIR HOUSING
This Professional Services Agreement ("Agreement") entered into this [2 day of
VO`i 2019, between the CITY OF MIAMI BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of Florida, having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 (the "City"), and
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.), a Florida
for profit corporation, having its principal office at 11501 NW 2 Avenue, Miami, Florida 33168
("Contractor").
SECTION 1
DEFINITIONS
Agreement: This Agreement between the City and Contractor, including any
exhibits and amendments thereto.
City Manager: The chief administrative officer of the City.
Contractor: For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
Services: All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Fee: Amount paid to the Contractor as compensation for Services.
Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139; telephone number
(305) 673-7000, Ext. 6435; and fax number(305) 673-7023.
SECTION 2
SCOPE OF WORK (SERVICES)
2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall
provide the work and services described in Exhibit"A" hereto (the Services).
Although Contractor may be provided with a schedule of the available hours to
provide its Services, the City shall not control nor have the right to control the hours of the
Services performed by the Contractor; where the Services are performed (although the City
will provide Contractor with the appropriate location to perform the Services); when the
Services are performed, including how many days a week the Services are performed; how
the Services are performed, or any other aspect of the actual manner and means of
accomplishing the Services provided. Notwithstanding the foregoing, all Services provided
by the Contractor shall be performed in accordance with the guidelines set forth in Exhibit"A"
1
, heretoipand,to,the,.:reasonable satisfaction,of.the City":Managers .If.there,are ariy:questions
tegardng the.Services to be performed, Contractor should.contact the fp Rawl person
•Maria Ruiz; Department Director
Office of Housing and Community Services
1700 Convention Center Drive
Miami Beach, Florida, 33139
2.2 Contractor's Services, and any deliverables incident thereto, shall be. completed in
accordance with the timeline and/or schedule in Exhibit "A," entitled "Scope of Services."
hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all
parties hereto, and shall terminate six months from execution. All Services to be rendered
shall be completed no later than six months from Agreement execution date.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines,
schedules, dates, and/or performance milestones for completion and delivery of the
Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit "A"
hereto.
SECTION 4
FEE
4.1 In consideration of the Services to be provided, Contractor shall be compensated on
a fixed fee basis, in the amount of Twenty Thousand Dollars ($20,000).
4.2 The City shall pay the Contractor for the portion of the Services satisfactorily rendered
(and referenced in the particular invoice).
4.3 Contractor shall provide the City with a detailed invoice, which details all services
performed by Contractor. Contractor's invoices are subject to the review and approval of the
.
'City'Manager and/or his or her designee; who shall-be the Department Director-of the Office
of Housing and Community Services. The City shall not remit any payments to Contractor
unless Contractor provides the City with a detailed invoice that is acceptable to the City.
4.4 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within Forty-
Five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
Invoices shall be signed by an authorized employee of the Contractor, shall include a
detailed description of the Services (or portions thereof) provided, and shall be submitted to
the City at the following address:
Maria Ruiz, Department Director
Office of Housing and Community Services
1700 Convention Center Drive
2
Miami:Beach,:Florida;33.139 f
.. . .... • .TERMINATION_
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to.fulfill .in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through its City
Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to
exercising its option to terminate for cause, the City shall notify the Contractor of its violation
of the particular term(s) of this Agreement, and shall grant Contractor ten (10) days to cure
such default. If such default remains uncured after ten (10) days, the City may terminate this
Agreement without further notice to Contractor. Upon termination, the City shall be fully
discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this
Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by any breach of the Agreement by the Contractor. The City,
at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions
that it deems to be in its best interest in order to enforce the City's rights and remedies
against Contractor. The City shall be entitled to recover all costs of such actions, including
reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE.
ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY
CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY
MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A
VERBAL OR WRITTEN NOTIFICATION TO CONTRACTOR, MAY IMMEDIATELY
== •' " ''SUSPEND THE'SERVICES UNDER THIS AGREEMENT FOR A:TIME:CERTAIN;
OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE.
IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES SATISFACTORILY
PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE
CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND
TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is
placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit
of creditors. In such event, the right and obligations for the parties shall be the same as
provided for in Section 5.2.
3
INDEMNIFICATION AND'INSURANCE:REQUIREMENTS
6.1 : INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic, or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in --
connection
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS
The Contractor shall not commence any work and/or Services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been reviewed and approved by the City's Risk Manager.
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Comprehensive General Liability insurance, to include sexual molestation, in an
amount not less than $500,000 combined single limit per occurrence and $1,000,000
aggregate in a policy year. Deductibles exceeding $1,000 are discouraged, unless
Contractor can provide financial'statements'to:supp'ort'a higher deductible. The City
of Miami Beach must be designated and shown as an additional insured and the
certificate holder with respects to this coverage. The general liability policy must
contain coverage for the following:
a. Bodily Injury;
b. Property Damage;
c. No exclusions for Abuse, Molestation or Corporal Punishment;
d. No endorsement for premises only operations.
2. If applicable, Contractor Professional Liability insurance, with coverage
amounts not less than $250,000 per claim and in the aggregate. Defense costs
may be inside the limits of liability and the policy can be written on claims made form.
The City of Miami Beach is not required to be named as an Additional Insured.
Professional liability insurance is generally required when the scope of services uses
professional services that require certification or license(s) to provide direct services
to program participants.
4
a . .z E �,Workers,▪Gomperesation::&:Employers_Liability, as_required.:pursuaritao;Florida
I.. _r, s'... ° ..:Statutes▪..r Worker's :Compensation:,Insurance :must cover all .erimployees,,: non
incorporeted'independent .contractorsl.or_ cfors,
Contra -4nd incorporated rndependnt�e
contractors,or Contractorsthat:do not have,worker's compensation coverage or a
valid State of Florida exemption onfile with the DePartment of Labor, as required by Florida -
Statutes, Chapter 440. Inthe event that the Contractor is no longer exempt
from obtaining Worker's Compensation insurance, the Contractor must notify the City
of Miami Beach and provide the necessary certificate of insurance upon the
termination of the exemption. The employer's . liability portion will be
$500,000/$500,000/$500,000 as a minimum.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+" --as to management and not less than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy. The insurance certificates for General Liability and Professional
Liability shall include the City as an additional insured and shall contain a waiver of
subrogation endorsement.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Contractor specimen copies of
the insurance policies in the event that submitted certificates of insurance are inadequate to
ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting -all insurance
certificates for any sub-contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
Failure by Contractor to comply with Section 6.2 shall be a material breach of this Contract.
The City will not disburse any funds under this contract until all required Certificates of
lnsurarice have'been'provided to and have been approved by the City's`Risk Manager. ,.".-
The Contractor shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
Contractor and or Contractor's insurance agent, as applicable, shall notify the City, in writing,
of any material changes in insurance coverage, including, but not limited to, any renewals of
existing insurance policies, not later than thirty (30) days prior to the effective date of making
any material changes to the insurance coverage except for ten (10) days for lack of payment
changes. Contractor shall be responsible for ensuring that all applicable insurance is
maintained and submitted to the City for the duration of this Agreement. In the event of any
change in Contractor's Scope of Services, Attachment A, the City may increase, waive, or
modify in writing any of the foregoing insurance requirements. Any request by a Contractor to
decrease, waive, or modify any of the foregoing insurance requirements must be approved,
in writing, by the City prior to any such decrease, waiver, or modification. In the event that an
insurance policy is canceled, lapsed, or expired during the effective period of this Contract,
5
v:. :; y = ert►ficate pf-Insurance required j ::
the C►t _shall�w►thhold all payments toContractor.unt►Fa.new C
under his section!=is submitted and .approved bylhe ,City The new.Jinsurance:policy';shali
coye.r.the time period commencing from.the dateof;cancel.lation:of the:prior insurance policy
.,The,_City may:.require..Contractor to furnish_::additional..and:.different.insurance.coverage; or:.
-- _both, as_may. be_required from.time.to-time under applicable federal.or state lawsor_the City
requirements. Provision of insurance by Contractor, in no instance, shall be deemeto be-a
:release, limitation, or waiver of any_.claim, cause of action or assessment that the.City may
have against Contractor for any liability of any nature related to performance under this
Contract or otherwise. All insurance required hereunder may be maintained by Contractor
pursuant to a master or blanket policy or policies of insurance.
SECTION 7
LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
the compensation/fee to be paid to Contractor pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach. Contractor hereby
expresses its willingness to enter into this Agreement with Contractor's recovery from the
City for any damage action for breach of contract to be limited to a maximum amount of the
sum of the compensation/fee to be paid to Contractor pursuant to this Agreement, less any
amounts actually paid by the City as of the date of the alleged breach.
Accordingly, and notwithstanding'any other term-or`condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount
in excess of the sum of the compensation/fee to be paid to Contractor pursuant to this
Agreement, lessany amounts actually paid by the City as of the date of the alleged breach
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 section 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 Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
6
{: L a , _,
>..1O1.:. AUDIT..AND'`INSPEC.TIO.NS
Upon reasonable verbal or written notice, to Contractor,.and at any time-during normal
- business.hours (Le., 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Managermay, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager maydeem to act on the City's behalf, to audit,
examine, and/or inspect, any and all other documentsand/or records relating to all matters
covered by this Agreement, including Contractor's financial records. Contractor shall
maintain any and all such records at its place of business at the address set forth in the
"Notices" section of this Agreement. Contractor agrees to submit its agency financial audit
to the City within 30 days of completion, at least once during the Term of this Agreement.
10.2 [INTENTIONALLY DELETED]
10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
Contractor shall be responsible for all Services performed, and all expenses incurred, under
this Agreement, including services provided and expenses incurred by any and all
subcontractors. The City shall not be liable to any subcontractor for any expenses or
liabilities incurred under any subcontract. Contractor shall be solely liable for any expenses
or liabilities incurred under any subcontract. Contractor shall hold harmless and defend, at
Contractor's expense, the City against any claims, demands or actions related to any
subcontract.
10.4 [INTENTIONALLY DELETED]
;.: . 10.5_-,.;NO=DISCRIMINATION
In connection with the performance of the Services, the Contractor shall not exclude from
participation in, deny the benefits of, or subject to discrimination anyone on the grounds of
race, color, national origin, sex, age, disability, religion, income or family status.
Additionally, Contractor shall comply fully with the City of Miami Beach Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing, public accommodations, and public
services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial
situation, or political affiliation.
10.6 CONFLICT OF INTEREST
7
Th Contractorterein agrees.to adhere...to and.be governed!by all applicableFMtamr Dade , .....
{. , , .,h=County:Co,nflict of Interest Ordinances and ethics provisions, as set forth irt.-1�.Miami-Dade
bounty Code aril as.-may.be..amended from-time.to.time, and:by the City of Miami„Beach •
_
Charter~and,.Co'de (as may be amended from time totime);-both of which are .incorporated
by,reference herein as if fully set forth herein. - - - •
The Contractor covenants that it presently has no. interest and shallnot acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the -
performance of the Services. The Contractor further covenants that in the performance of
this Agreement, Contractor shall not employ any person having such interest. Nomember
of or delegate to the Congress of the United States shall be admitted to any share or part of
this Agreement or to any benefits arising there from.
10.7 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
(A) Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
(B) The term "public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps, books, tapes, photographs, films,
sound recordings, data processing software, or other material, regardless of the
• physical form, characteristics, or means of transmission, made or received pursuant
to law or ordinance or in connection with the transaction of official business of the
City.
(C) Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(1) Keep and maintain public records required by the City to perform the service;
(2) Upon request from the City's custodian of public records, provide the City with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter'119, Florida Statutes or as otherwise provided by law;
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as
authorized by law, for the duration of the contract term and following
completion of the Agreement if the Contractor does not transfer the records to
the City;...::
(4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the Agreement, the
Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with
the information technology systems of the City.
(D) REQUEST FOR RECORDS; NONCOMPLIANCE.
(1) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the
8
request;;,,and the Contractar,must-provide.,the.records.to the:City or;allow.the
• reasonable:time .
: '(2) Contractor.'s failure :fo: corn ply with the::•City's: request ,;for records :shpII . ,
constitute a breach_oUhis;Agreement, and.the.City-,_at.its sole discretion, may:. : .
(1) unilaterally terminate the Agreement; (2) avail itself of the remedies set
forth under the Agreement; and/or (3)avail itself of any available remedies at
law or in equity.
(3) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
(E) CIVIL ACTION.
(1) If a civil action is filed against a Contractor to compel production of public
records relating to the City's contract for services, the court shall assess and
award against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
a. The court determines that the Contractor unlawfully refused to comply
with the public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian
of public records and to the Contractor at the Contractor's address listed on its
• contract with the City or to the Contractor's registered agent. Such notices
must be sent by common carrier delivery service or by registered, Global
Express Guaranteed, or certified mail, with postage or shipping paid by the
sender and with evidence of delivery, which may be in an electronic format.
(3) . A Contractor who complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
(F) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT,.CONTACT.,THE CUSTODIAN..OF PUBLIC RECORDS
AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(a�MIAM IBEACHFL.GOV
PHONE: 305-673-7411
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
9
;:may=be_mailed•.by U.S._Certified Mail,; return receipt.-requsteds postage.=prepaid , or:by::a,
;nationally,recognized overnight.delivery;.service.
Until_changed.by noticein writing, all such notices and communications.shall_be addressed _ ..
as follows:
TO CONTRACTOR: Housing Opportunities Project for Excellence, Inc.
Attn: Keenya Robertson, Executive Director
11501 NW 2"d Avenue
Miami, FL 33168
305-651-4673
TO CITY: City of Miami Beach
Office of Housing and Community Services
Attn: Maria Ruiz, Department Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7491
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall'be effective' unless'contained in a written document executed:with'the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and beenforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this document. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
10
12.4 ,.RESPONSIBILITOFTHE,,CONTRACTOR-,.- ,
_ With respectto-the performance.of the.Services, the Contractor shall exercise that degree-of
skill, care-, efficiency and diligence normally exercised by recognized professionals with,
respect to the performance of comparable services. In its performance of the Services, the
Contractor shall comply with all applicable laws, ordinances, and regulations of the City,
Miami-Dade County, the State of Florida, and the federal government, as applicable.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
11
• - • • IN WITNESS WHEREOF, the parties. h_ereto .have caused this Agreement to ,be—
executed by their appropriate officials, as of_the,Apte,first entered above. _ - • •
FOR CITY: CITY OF MIAM BEACH, FLORIDA
ATTEST:
By:
R-
R.•-el E. Granado Ji y . ..r.les
City Clerk Cit Manager
r•LI 1 ett
Date
%%%%%%%%%%%%%%%•
FOR CONTRACTOR: HOUSING OPPORTUNITIES PROJECT
FOR EXCELLENCE, INC. (H.O.P.E.,
INC.)
ATTEST:
By: riLe-e.
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Print Name/Title Print Name/Title
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Corporate Seal
APPROVED AS TO
FORM & LANGUAGE
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12 City Attorneyih Date
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,"SCOPE;OF SERVICES"
The Assessment Will encompass the jurisdiction of the City of Miami Beach. Contractor`must.complete
Al in accordance with the HUD Fair.Housing Guide. Consultant must deliver the final product by within
six months of contract execution.The Assessment must include at a minimum the following elements:
• Research: Contractor will research and analyze data to identify possible impediments for fair
housing, including but not limited to:
o An examination of the latest possible, pertinent data including demographic, income,
employment and housing data as well as studies that have been completed that relate to
Fair Housing along with proper citations in the report;
o A review of prior and current activities that promote Fair Housing, including an
assessment of agencies currently providing Fair Housing programs in the area;
o An examination of private market issues that relate to the sale or rental of housing,
including but not limited to mortgage lending patterns;
o An evaluation of public policies and practices which affect the provision of Fair Housing
including but not limited to; public services, state and local laws, ordinances and
regulations, planning and zoning laws and decisions, land use regulations, community
development funding policies and practices in areas of low and high opportunity,
procedures and practices of the local public housing authority and property tax policies
including, but not limited to tax exemptions.
• Recommendations: Contractor will make recommendations to remedy any Fair Housing
impediments identified;
o Identification of impediments to Fair Housing listed in order of priority with proposed
methods of corrective actions to address identified impediments.
o Developing an action plan for implementation of any programs or policy changes required
as a result of the identification of impediments to Fair Housing.
• Public Presentation: Contractor will present the draft Analysis of Impediments to the public for
comment at the Affordable Housing Advisory Committee (AHAC) meeting for comment and
approval, with applicable graphics, maps, and photographs.
• Final Product: Contractor will produce thorough and complete documents that consolidate all
elements in a format and organizational structure that meet all federal regulations, guidelines and
notifications for submittal to HUD.
• Executive Summary: Contractor will summarize its recommendations of the Analysis of
Impediments into a.reader-friendly executiye summary, using graphs, tables, pictures and charts. . • .
• Additional Responsibilities:
o Contractor shall assist the City with its public meeting in the endeavor of gathering
information by assisting with the language for the relevant public meeting notice,
identification of potential groups needed to participate, preparing the public meeting
agendas, handouts, and other presentation materials as appropriate as well as maintain
notes and results of the public meeting.
o Contractor will provide a draft of the Al report in progress thirty(30) days before the end of
this Agreement for review and comment by City prior to submission of final document.
o Contractor shall provide five bound (5) hard copies of the final Al report and one (1) digital
copy on a thumb drive/portable data storage device including the document in MS Word
and the Excel version for all data sets.
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