RESOLUTION 93-20861 1
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RESOLUTION NUMBER 9 3-2 0 8 61
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE MIAMI BEACH DEVELOPMENT
CORPORATION, (MBDC), A NOT-FOR-PROFIT FLORIDA
CORPORATION, IN THE FUNDING AMOUNT OF TWO-
HUNDRED FIFTY THOUSAND DOLLARS ($250,000) FROM
FISCAL YEAR (FY) 1993 HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS, FOR A FIRST-TIME
HOMEBUYER'S PROGRAM.
WHEREAS, as a participating jurisdiction, the City of Miami Beach is eligible
to receive $1,209,000 in FY 1993 funding through the HOME Investment Partnership
Program; and
WHEREAS, the HOME program is designed to expand the supply of decent
and affordable housing and encourages partnerships with the private sector and nonprofit
housing providers; and
WHEREAS, The Mayor and City Commission deems it to be in the best
interest of the residents and citizens of the City to use HOME funds for a first-time
homebuyer's program; and
WHEREAS,the Miami Beach Development Corporation,hereinafter referred
to as the "Provider", represents that its current legal status, capacity, organizational structure
and relationship with for-profit entities is such that as an organization it is capable of
implementing a first-time homebuyer's program in accordance with HOME Program
requirements; and
WHEREAS, the Mayor and City Commission deems it to be in the best
interest of the residents and citizens of the City to enter into the attached Agreement with
the Provider for provision of a first-time homebuyer's program; and
WHEREAS, pursuant to such Agreement, the Provider will receive a total
amount of Two-Hundred Fifty Thousand Dollars ($250,000) from FY 1993 HOME funds;
and
WHEREAS, the aforestated HOME funds are conditional upon the approval
for release of funds from HUD; and
WHEREAS, the City Manager has recommended to the Mayor and City
Commission that the attached Agreement be entered into and the City Attorney has
reviewed same as to form and legal sufficiency.
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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 Agreement between the City of Miami
Beach and the Miami Beach Development Corporation, a not-for-profit Florida corporation,
in the funding amount of Two-Hundred Fifty Thousand Dollars ($250,000) from FY 1993
HOME funds, for a first-time homebuyer's program.
PASSED AND ADOPTED THIS 28th DAY OF July , 1993.
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CITY OF MIAMI BEACH
C!TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. _419213
TO: Mayor Seymour Gelber and DATE: July 28, 1993
Members of the City Commission
FROM: Roger M. C
City Manager
SUBJECT: FOUR(4)RESOLUTIONS AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE FOUR (4) INDIVIDUAL AGREEMENTS
UNDER THE CITY'S HOME INVESTMENT PARTNERSHIP
PROGRAM WITH FUNDS RECEIVED FROM THE DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD).
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission approve the attached
four Resolutions and the related agreements necessary to undertake and implement HOME
funded affordable housing activities:
* Affordable Landmarks, Inc. - $1,250,000 for a new construction, affordable
condominium homeownership program.
* Miami Beach Development Corporation - $458,350 for family rental housing
and/or housing for persons with special needs.
* Miami Beach Development Corporation - $250,000 for a scattered site, first-
time homebuyer program.
* Miami Beach Development Corporation - $90,000 for operating expenses
relative to Community Housing Development Organization (CHDO)-eligible
activities.
BACKGROUND:
The HOME Program is designed to expand the supply of decent and affordable housing for
low and moderate income residents. This program encourages the creation of partnerships
between government and the private seL'or, including for-profit and non-profit corporations
to construct, rehabilitate or manage affordable housing. As an entitlement recipient of these
funds, the City has received a total of $3,055,000; of which $1,846,000 is from FY '92, and
$1,209,000 from FY'93.
On May 7, 1993, the City notified the pt:L!ic of the availability of HOME funds. The
Administration has examined the five resport:es received and is now recommending that
HOME funds be allotted for four (4) affordable housing activities at this time. An overview
of the four proposals is contained in the Analysis section of this memorandum.
With respect to the fifth proposal, a tenant-based rental assistance program, the
Admin stration has identified and applied for a more appropriate source of funding. The
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applicant, Legal Services of Greater Miami, Inc., requested $500,000 in HOME funds to
provide rental assistance payments to low- and very low-income persons for a period of up
to 24 months.
AGENDA R_ri _
ITEM
DATE as- 73
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COMMISSION MEMO
JULY 28, 1993
PAGE 2
This project was reviewed by the City's Loan Review Committee (LRC). The LRC, a five
member committee appointed by the City Commission which includes private lenders, did
not recommend funding for this proposal under the HOME program. While both the
Administration and the LRC recognized that tenant-based rental assistance is needed, an
alternate source of funding was identified by the City. As a result, the City prepared and
submitted a proposal to the John S. and James L. Knight Foundation for consideration on
the December funding agenda. The grant request specifically addresses those needs cited
in the tenant-based rental assistance proposal submitted by Legal Services, and offers an
opportunity to assist low and very low income persons who are adversely affected by
gentrification. The Administration will diligently pursue all avenues necessary to encourage
funding of this grant request by the Knight Foundation.
The City has been advised by HUD that all agreements for HOME funded projects must
stipulate the date that the project will become operational, be substantially complete, and
funds totally expended. As a general rule, fiscal prudence dictates that the term of
agreement not normally exceed a two year period. This time frame is dictated on the
premise that HOME funds must, by statute, be committed by the City within 24 months of
grant award, and must be expended within five (5)years. Since all HOME funds are subject
to recapture by HUD if not totally expended within the five year period, the agreements are
designed to ensure project completion well in advance of this deadline.
As a result, the City can monitor and evaluate the progress of each activity to ensure that
performance standards are met,and funds expended within the HUD-prescribed time frame.
Therefore, in the event that a provider is unable to carry out an activity, the City can use
those funds for another affordable housing project.
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ANALYSIS:
AFFORDABLE LANDMARKS, INC.
New Construction-Homeownership
$1,250,000
Affordable Landmarks, Inc. ("Affordable") is a Miami Beach based firm specializing in the
development, acquisition, rehabilitation, construction and management of multi-family
properties. Affordable is a Florida corporation which is 100% owned by Robert F. Saland.
(Mr. Saland's resume is attached.)
Affordable has acquired, developed, sponsored, and/or managed over 500 dwelling units
valued in excess of $25 million, and has undertaker, significant commercial and land
development. The company presently focuses on development, and specializes in
rehabilitation of historic structures, as well as condominium conversions.
Affordable has extensive experience in such federal, state and local funding programs as the
City's Interest Subsidy Program; CDBG Matching Grant Program; Florida State Apartment
Incentive Loan Program (SAIL); State of Florida Tax Exempt Bond Program; and the
Federal Low income Housing Tax Credit Program. To date, Affordable has invested over
$23 Million in Miami Beach properties, $3 Million of which were received from these
programs.This combination of private and public dollars represents a significant investment
in the construction or rehabilitation of affordable housing for Miami Beach residents.
The proposed $7.5 million project, Bayview Plaza Condominiums, will be located two blocks
west of Alton Road, at 14th Street. The building will be new construction containing
approximately 100 units. The first three levels will provide the parking required for the
condominium units. This building will offer one and two bedroom units, and will include
a pool and fitness center as well as standard amenities.
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COMMISSION MEMO
JULY 28, 1993
PAGE 3
Affordable will provide $6,250,000 in private funds to match the public HOME monies
totalling $1,250,000. Once completed, this public/private partnership between the City and
the developer will increase the City's tax base and provide much needed newly constructed
units in the heart of South Beach. Affordable will set aside twenty-five to thirty of the units
for buyers earning 80% or less of the median area income. These units can only be set
aside and made affordable in this new building through the infusion of HOME funds.
The total $1,250,000 will eventually be returned to the City for use in other affordable
housing activities, since buyers will be required to execute deed restrictions which stipulate
that at the time of resale, the initial HOME investment will be repaid in accordance with
all applicable federal regulations.
This project has been reviewed by, and recommended for funding by the City's Loan Review
Committee.
MIAMI BEACH DEVELOPMENT CORPORATION
CHDO Set-aside (FY '92 and '93)
$458,350
Under HOME rules, not less than 15% of the total annual allocation of funds must be
reserved for investment in housing to be developed, sponsored, or owned by Community
Housing Development Organizations (CHDO).
The Mayor and City Commission recently designated MBDC as a CHDO. As a result,
MBDC is eligible to receive a total of $458,350; of which $277,000 is from the FY '92
HOME program allocation, and $181,350 is from FY '93. These funds must now be
reserved for investment by MBDC in CHDO-eligible acquisition, construction, and
rehabilitation activities which promote affordable rental or ownership housing.
MBDC is proposing to undertake the following activities with its CHDO set-asides:
Family Rental Housing: MBDC will acquire, rehabilitate and/or re-configure existing
buildings to make them suitable for rental family housing. Through this activity, MBDC will
continue to work in cooperation with the FIU Institute on Children and Families at Risk
and with the RAIN Mothers at Fisher-Feinberg Elementary School in order to provide
affordable housing opportunities for 12 families otherwise threatened by gentrification of
this South Beach neighborhood.
Housing for Special Needs Populations: MBDC has identified the need for increased
housing opportunities for persons with special needs. Rental projects will be developed in
concert with other community-base, 1ealth and social service organizations to provide
housing for persons living with AIDS, persons with physical and mental disabilities, and
elderly persons.
As a current Community Development Brock Grant (CDBG) funded sub-recipient, MBDC
has demonstrated the capacity to undertake affordable housing programs, more specifically
the very successful scattered site condominium?homeownership program which has leveraged
substantial Dade County Surtax funds. Additionally, MBDC, in conjunction with the People
With Aids Coalition, was awarded $1,275,000 in Section 811 funds to acquire and
rehabilitate housing for persons with disabilities.
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COMMISSION MEMO
JULY 28, 1993
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MIAMI BEACH DEVELOPMENT CORPORATION
Scattered Site First-time Homebuyers Program
$250,000
As a sub-recipient, MBDC will use HOME funds to provide incentives for affordable
homeownership to first-time homebuyers for the purchase of housing which may also include
necessary rehabilitation. These incentives may be in the form of grants or loans.
Implementation of this HOME-assisted first-time homebuyers program is intended to
complement and extend the existing scattered site condominium program administered by
MBDC through CDBG and Metro-Dade County Documentary Surtax Program funds.
MBDC is proposing to utilize HOME funds in one of the following two ways:
1. Provide advantageous second mortgages to enable participants currently qualified
by MBDC to purchase units during the fiscal year in which Documentary Surtax funds have
been fully expended.
2. Provide grants or third mortgages to cover closing costs, rehabilitation costs, or
purchase buydowns, thus allowing a wider range of residents to qualify.
The program enables low and moderate income persons who can demonstrate stable
employment and who have adequate credit history to acquire one, two or three bedroom
homes, townhouses or condominium units. This project has been reviewed by, and
recommended for funding by the City's Loan Review Committee.
MBDC will also provide homeownership counseling, which may include the following
services:
- counseling before and after the purchase of the property;
- assisting first-time homebuyers in identifying suitable and affordable properties;
- providing homebuyers with financial management assistance;
- assisting homebuyers in understanding mortgage transactions and home sales
contracts; and
- assisting homebuyers with eliminating credit problems that may prevent them from
qualifying for financing.
MBDC will administer the first-time homebuyer program in accordance with all HOME
legislative and regulatory requirements, including affordability requirements, investment
limits and targeted income of recipients. The Administration will review and approve each
individual real estate transaction prior to disbursement of funds to insure compliance with
applicable HOME regulations.
Additionally, the Metro-Dade County Office of Special Housing Services will provide
technical assistance to MBDC in loan underwriting, and will service loans generated
hereunder.
As previously indicated, MBDC is a City of Miami Beach CDBG sub-recipient and in that
capacity, currently operates a scattered site. 7.ondominium project.
MIAMI BEACH DEVELOPMENT CORPORATION
Operating Expenses for CHDO Eligible Activities
$90,000
Up to 5% of the City's allocation of HOME funds may be utilized to provide operating
support for a qualified CHDO. MBDC is requesting funds in the amount of$90,000 to offset
the following CHDO-related operating expenses:
COMMISSION MEMO
JULY 28, 1993
PAGE 5
- maintaining its eligibility as a qualifying CHDO;
- eliciting input from the community, particularly from low-incomeP gro ram
beneficiaries, in decisions regarding design, siting, development, and management
of affordable housing projects;
- undertaking the development of appropriate affordable housing strategies ies and
programs;
- developing project-specific plans to implement such programs;
- identifying additional funding resources available to implement housing initiatives,
atives,
including grant resources, mortgages and other funding; and
- planning and developing affordable housing projects for such P
people with special
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needs as large families and persons with disabilities.
The Administration received the budget from MBDC on July 20th after the close of business
and is still in the process of reviewing it for conformity with HUDgu idelines. The
Administration is therefore requesting that the Mayor and City Commission approve the
attached agreement with the budget that was received by the City and approve same subject
to further review. In the event e t that any item in the attached budget is not in conformity with
HUD guidelines, a revised budget will be brought to the City Manager or his designee for
approval as an amendment to the attached agreement.
CONCLUSION:
We recommend adoption of the attached four Resolutions and the related agreements.
Funds for each of the projects are available from the grants received under the HOME
Investment Partnership Program. it is essential that these agreements be approved at this
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Commission meeting so that construction will not be delayed and so that the scattered site
home ownership program can continue with minimal interruption.
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AGREEMENT
This Agreement is entered into this 28th day of July, 1993, 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 Development Corporation, hereinafter referred to as the "Provider."
WITNESSETH:
WHEREAS, the City has entered into an agreement with the U.S. Department of
Housing and Urban Development for the purpose of conducting an Affordable Housing
Program with federal financial assistance under Title II of the Cranston-Gonzalez National
Affordable Housing Act, hereinafter called "Act"; and the HOME Investment Partnership
Program; and
WHEREAS, the City has determined through its Comprehensive Housing
Affordability Strategy, which was adopted by City of Miami Beach Resolution Number 91-
20392, December 4, 1991, the necessity for providing affordable housing in Miami Beach;
and
WHEREAS, the City desires to engage the Provider to render certain services in
connection therewith:
NOW, THEREFORE, the parties hereto agree as follows:
SECTION I: SCOPE OF SERVICES
The Provider agrees to implement a first-time homebuyer's program in accordance with the
scope of services described in Appendix 1, attached hereto.
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SECTION II: CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve eligible low and moderate income persons living primarily
within Miami Beach, but principally in those areas containing a high concentration
of such persons.
B. The Provider shall maintain in its file the documentation on which basis it
determines that the project benefits low and moderate income persons, minorities
and residents of Miami Beach. Such records shall include, but not be limited to,
the following:
1. Profiles identifying financial classification, head of household, ethnicity, race
and gender, or area benefit data, as required.
2. An outreach plan which insures equitable participation by all eligible Miami
Beach residents, and delineates steps taken to solicit increased participation
of minority groups.
C. The Provider shall maintain a citizen participation mechanism, which will include,
but not be limited to the following:
1. Logging citizen comments or complaints when received.
2. Copies of comments and/or complaints received in writing.
3. Copies of responses to complaints and/or explanations of resolutions to
complaints.
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D. No expenditures or obligations shall be incurred for the program prior to approval
and release of funds from the U.S. Department of Housing and Urban Development.
Further, it is expressly understood that in the event no funds are released from the
U.S. Department of Housing and Urban Development in connection with this
Program, then the City is not liable for any claims under this Agreement.
E. The Provider shall certify, pursuant to Section 109 of the Act, as well as any
applicable state and local laws and ordinances, that no person shall be denied the
benefits of the program on the ground of race, color, national origin or sex.
F. To the extent that it staffs the Program with personnel not presently employed by it,
the Provider will take affirmative action in attempting to employ low income persons
residing in the City of Miami Beach, particularly minority group members.
G. The Provider shall comply with First Amendment Church/State principles,as follows:
1. It will not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion.
2. It will not discriminate against any person applying for public services on the
basis of religion and will not limit such services or give preference to persons
on the basis of religion.
3. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no other
religious influence in the provision of such public services.
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4. The portion of a facility used to provide public services assisted in whole or
in part under this Agreement shall contain no sectarian or religious symbols
or decorations.
5. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Provider and in
which the public services are to be provided. However, minor repairs may be
made if such repairs are directly related to the public services; are located in
a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the HOME expenditure for the public
services.
H. The Provider shall transfer to the City upon expiration of this Agreement, any
HOME funds on hand at the time of expiration and any accounts receivable
attributable to the use of HOME funds.
I. The Provider agrees to comply with all applicable federal regulations as they may
apply to restrictions and limitations regarding real property under either the
Provider's or the first-time homebuyer's control acquired or improved in whole or in
part with HOME funds. Additionally, the Provider will comply with all applicable
state and local laws and ordinances.
J. The City desires to enter into this Agreement only if in so doing it can retain the
right of approval over the disbursement of HOME funds for the individual real estate
transactions contemplated herein. The Provider shall be required to submit all
necessary documentation relative to the aforestated transactions to the City's Housing
and Community Development Division for review and approval fifteen (15) working
days prior to the disbursement of HOME funds for the individual transactions.
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K. The Provider agrees that when sponsoring a project financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the project, research reports, and
similar public notices prepared and released by the Provider shall include the
statement:
"FUNDED BY THE CITY OF MIAMI BEACH
HOME INVESTMENT PARTNERSHIP PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH HOME INVESTMENT
PARTNERSHIP PROGRAM FUNDS ADMINISTERED BY THE DEVELOPMENT,
DESIGN AND HISTORIC PRESERVATION SERVICES DEPARTMENT" shall
appear in the same size letters or type as the name of the Provider.
L. The Provider shall ensure the following when entering into a sub-contract agreement:
1. The full correct legal name of the party shall be identified.
2. The "Scope of Services" shall describe the activities to be performed.
3. The amount of the sub-contract agreement, price components, method of
payment, and funding sources shall be detailed.
4. A provision requiring compliance with all regulatory requirements of this
Agreement shall be incorporated.
5. Written approval from the City shall be received prior to any expenditures
being incurred under the sub-contract agreement. Failure to obtain prior
approval will release the City of any obligation to reimburse the Provider for
any costs incurred.
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M. The Provider shall maintain sufficient records to determine compliance with the
requirements of this Agreement, the HOME Investment Partnership Program and
all applicable laws and regulations.
This documentation shall include, but not be limited to, the following:
1. Books, records and documents in accordance with generally accepted
accounting principles,procedures and practices which sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly
by this Agreement, including matching funds and program income.
2. A system of allocation that will assure reliable cost measurements and
reasonable and customary service delivery costs for each program.
3. Time sheets for split-funded employees, which work on more than one
activity, in order to record the HOME activity delivery cost by project and the
non-HOME related charges.
4. How the eligibility requirements under which funding has been received, have
been met. These also include special requirements such as income
certifications and written agreements with beneficiaries, where applicable.
N. The Provider is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured
location for a period of three (3) years after expiration of this Agreement, with the
following exception: if any litigation, claim or audit is started before the expiration
date of the three year period, the records will be maintained until all litigation,
claims or audit findings involving these records are resolved. The City shall be
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informed in writing after close-out of this Agreement, of the address where the
records are to be kept.
SECTION III: TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by the U.S.
Department of Housing and Urban Development and being duly executed by both parties,
whichever is later.
This project shall become operational upon approval of this Agreement by the Mayor and
City Commission and execution of same by the Mayor and City Clerk, and shall be
substantially completed by September 30, 1994; such substantial completion to be
determined by the City. The term specified herein may be subject to any applicable term
restrictions and limitations prescribed by HUD.
SECTION IV: TERMINATION
The City and the Provider agree:
A. This Agreement may be terminated by either party hereto by written notice to the
other party of such intent to terminate at least thirty (30) days prior to the effective
date of such termination.
B. This Agreement may be terminated in whole or in part, for convenience, when both
parties agree upon the termination conditions. A written notification shall be
required and shall include the following: reason for the termination, the effective
date, and in the case of a partial termination, the actual portion to be terminated.
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However, if, in the case of a partial termination, the City determines that the
remaining portion of the Agreement will not accomplish the purposes of such
Agreement, the City may terminate such in its entirety.
C. The City may place the Provider in default of this Agreement, and may suspend or
terminate this Agreement in whole, or in part, for cause.
1. Cause shall include, but not be limited to, the following:
a. Failure to comply and/or perform in accordance with this Agreement,
or any federal statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete
in any material respect.
c. Implementation of this Agreement, for any reason, is rendered
impossible or infeasible.
d. Failure to respond in writing to any concerns raised by the City,
including substantiating documents when required/requested by the
City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined
by the City's monitoring of the Provider, and applicable HUD rules
and regulations.
2. The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include actions taken by the City,
such as withholding of payments, actions to be taken by the Provider as a
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condition precedent to clearing the deficiency and a reasonable date for
compliance, which shall be no more than fifteen (15) days from notification
date.
3. The City shall notify the Provider in writing when sufficient cause is found for
termination of this Agreement. The Provider shall be given no more than
fifteen (15) days in which to reply in writing, appealing the termination prior
to final action being taken by the City.
D. Let it be further understood that upon curtailment of, or regulatory constraints
placed on, the funds by the U.S. Department of Housing and Urban Development,
this Agreement will terminate effective as of the time that it is determined such
funds are no longer available.
E. Costs of the Provider resulting from obligations incurred during a suspension or after
termination, are not allowable unless the City expressly authorizes them in writing
in the notice of suspension or termination, or subsequently thereto. Other costs
during suspension or after termination which are necessary and not reasonably
avoidable are allowable if:
1. The costs result from obligations which were properly incurred before the
effective date of suspension or termination, are not in anticipation of it, and
in the case of termination, are noncancelable, and
2. The costs would be allowable if the award were not suspended or expired
normally at the end of the Agreement in which the termination takes effect.
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F. Upon termination of the Agreement, the Provider and the City shall meet to discuss
the City's determination if any amounts are to be repaid to the City or if additional
amounts are due the Provider.
SECTION V: 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. Any changes which
do not substantially change the scope of the project or increase the total amount payable
under this Agreement, shall be valid only when reduced to writing and signed by the City
Administration and the Provider.
The City shall not reimburse the Provider for outlays in excess of the funded amount of the
Agreement unless and until the City officially, in writing, approves such expenditure by
executing a written modification to the original Agreement.
SECTION VI: METHOD OF PAYMENT
A. It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Two-Hundred Fifty
Thousand Dollars ($250,000) of Fiscal Year (FY) 1993 HOME funds.
B. Such funds must be expended during the term of the Agreement, and any remaining
balance of funds shall revert to the City. Such compensation shall be paid in
accordance with the scope of services and budget descriptions attached hereto and
made a part hereof as Appendix 1.
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C. Notwithstanding Section II, Subsection J, the Provider shall submit, for each
individual real estate transaction contemplated by this Agreement, requests for
payment for actual and/or anticipated expenditures, including applicable back-up
documentation, no later than the tenth (10th) day of the succeeding month and the
City will provide payment, upon approval, within ten (10) working days after receipt
of the same, if submitted by the deadline date for inclusion on the drawdown request
and funds are received from HUD.
D. The City agrees to pay the Provider for expenditures incurred under this
Agreement in accordance with the Budget attached hereto and made a part hereof
as Appendix 1.
SECTION VII: CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises any
functions or responsibilities in connection with HOME funded activities, has any personal
financial interests, direct or indirect, in this Agreement. The Provider covenants that in the
performance of this Agreement, no person having such conflicting interest shall be
employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider
shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety
that is covered by the above provisions. This disclosure shall occur immediately upon
knowledge of such possible conflict. The City will then render an opinion which shall be
binding on both parties.
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SECTION VIII: INDEMNIFICATION AND INSURANCE
The Provider, through an insurance carrier, shall indemnify and hold harmless the City from
any and all claims, liability, losses and causes of action which may arise out of an act,
omission, negligence or misconduct on the part of the Provider or any of its agents, servants,
employees, contractors, patrons, guests, clients, licenses or interests or of any other person
entering upon the Provider's place of business. The Provider, 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
judgments which may issue thereon.
The Provider, through an insurance carrier, shall provide a General Liability Policy with
coverage for Bodily Injury and Property Damage, in the amount of$500,000 single limit (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." The Provider 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.
The Provider shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Insurance Manager prior to the
release of any funds under this Agreement.
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Further, in the event evidence of such insurance is not forwarded to the Insurance 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 Insurance Manager.
SECTION IX: REPORTING AND EVALUATION REQUIREMENTS
Maintaining credibility for the affordable housing effort rests heavily on the ability to
produce an impact in low/moderate income areas, through progress in accomplishing
scheduled activities. An effective method for maintaining project progress against a
previously established schedule is through project evaluation and reporting, which will
consist of both written reports and staff discussions on a regular basis including quarterly
meetings with all parties of interest attending for the purpose of insuring effective contract
execution. The Provider also assures prompt and efficient submission of the following:
A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month
and shall include the request for payment when applicable. Contents of the Monthly
Report, attached hereto and made a part hereof as Appendix 3, shall include but not
necessarily be limited to the following:
1. The Narrative Report.
2. The Financial Status Report, including Program Income, for each first-time
homebuyer project, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Report.
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B. Final Evaluation. Within twenty (20) days of contract completion, a final report
documenting how the eligibility requirements were met, must be submitted by the
Provider to the City's Housing and Community Development Division for review and
approval. The contents of same shall include a cumulative total of the data
submitted during the program's operation. Further, such report shall include
statistical findings which depict program efficiency; i.e., the number of dollars spent,
including non-HOME funding sources,to render actual service to program recipients,
and an overall evaluation of the program's effectiveness, and quantitative results.
The final report will be evaluated and the Provider will be notified if additional data
is necessary or that the project/activity is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of program
changes, need for additional information or documentation and/or legislation amendments.
The Provider shall be informed, in writing, if any changes become necessary.
Reports and/or requested documentation not received by the due date, shall be considered
delinquent, and may be considered by the City as sufficient cause to suspend HOME
payments to the Provider.
SECTION X: AUDIT AND INSPECTIONS
At any time during normal business hours and as often as City and/or Federal Government
representatives may deem necessary, there shall be made available to representatives of the
City and/or the Federal Government to review, inspect or audit all records, documentation,
and any other data relating to all matters covered by the Agreement.
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An annual organization audit shall be submitted to the City 120 days after the end of the
Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A-
110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this
Agreement is closed-out prior to the receipt of an audit report, the City reserves the right
to recover any disallowed costs identified in an audit after such close-out.
SECTION XI: COMPLIANCE WITH LOCAL,STATE&FEDERAL REGULATIONS
The Provider agrees to comply with all applicable federal regulations as they may apply to
program administration. Additionally, the Provider will comply with all state and local laws
and ordinances hereto applicable.
SECTION XII: 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 Partnership Program funds, and must be implemented in full compliance with
all of HUD's rules and regulations.
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 that it is determined that said funds are no longer available.
15
In the event of such determination, the Provider 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 t0 the other under the terms of this Agreement.
SECTION XIII: LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on City's liability for any cause of action for money damages due to an alleged breach by
the City of this agreement, so that its liability for any such breach never exceeds the sum
of $250,000. Provider hereby expresses its willingness to enter into this Agreement with
Provider's recovery from the City for any damage action for breach of contract to be limited
to a maximum amount of $250,000, less the amount of all funds actually paid by the City
to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for damages
in an amount in excess of $250,000 which amount shall be reduced by the amount of the
funding actually paid by the City to Provider pursuant to this agreement, for any action or
claim for breach of contract arising out of the performance or nonperformance of any
obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
SECTION XIV: ARBITRATION
Any controversy or claim for money damages arising out of or relating to this Agreement,
or the breach hereof, shall be settled by arbitration in accordance with the Commercial
16
Arbitration Rules of the American Arbitration Association, and the arbitration award shall
be final and binding upon the parties hereto and subject to no appeal, and shall deal with
the question of the costs of arbitration and all matters related thereto. In that regard, the
parties shall mutually select one arbitrator, but to the extent the parties cannot agree upon
the arbitrator,then the American Arbitration Association shall appoint one. Judgment upon
the award rendered may be entered into any court having jurisdiction, or application may
be made to such court for an order of enforcement. Any controversy or claim other than
a controversy or claim for money damages arising out of or relating to this Agreement, or
the breach hereof, including any controversy or claim relating to the right to specific
performance, shall be settled by litigation and not arbitration.
SECTION XV: WAIVER
No waiver by City at any time of any of the terms or conditions of this Agreement shall be
deemed at any time thereafter a waiver of the same of any other terms or conditions herein.
SECTION XVI: NOTICES
All notices required under this Agreement shall be sent to the parties at the following
addresses:
City: Housing and Community Development Division
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Provider: Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, Florida 33139
17
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.
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18
APPENDIX 1
BUDGET SUMMARY SHEET
Project Name: FIRST-?IME HOMEBUYER'S PROGRAM Funding Year 93/94 '
Project Operator: MIAMI BEACH DEVELOPMENT CORPORATION Date Submitted:
. . ...... . .: TOt ...
� fiUumb�r .. Category Breakdown Funds � funds I Sources _ :Funds
1 Salaries & Benefits
2 Consultants & Contract Services
3 Space Rental
4 Equipment Lease or Purchase
5 Travel
•
6 Other Operating Expenses
7 Materials
8 Rehabilitation
9 Real Property Acquisition $250,000
Total HOME Funds
.;Total Other Funds
I
!r:-...::::1•::.111.::...:::1.irip..
.. >Grand Total
BUDGET ITEMIZATION SHEET
Project Name: FIRST-TIME HOMEBUYER'S PROGRAM Funding Year 93/94
•
Project Operator: MIAMI BEACH DEVELOPMENT CORPORATION Date Submitted
Category Amount
9 First-Time Homebuyer's Program S25Q,0OQ__ __- --
Total
Amount: $250,000
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