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HomeMy WebLinkAbout2003-25330 Reso RESOLUTION NO. 2003-25330 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 THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), PROVIDING $395,669 HOME PROGRAM FUNDS FROM FISCAL YEAR 2001/02, FOR THE CONTINUATION OF A SCATTERED-SITE HOME BUYER ASSISTANCE PROGRAM IN ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS AND TO ASSIST FIRST-TIME HOME BUYERS INCLUDING PARTICIPANTS IN THE FAMILY SELF SUFFICIENCY PROGRAM ESTABLISHED BY THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH (HACOMB). WHEREAS, the City has established a HOME Investment Partnerships Program (HOME Program) under the rules of the U.S. Department of Housing and Urban Development (HUD), which provides financial assistance for the purpose of providing affordable housing within the City; and WHEREAS, the City has determined the necessity for providing affordable housing in the City through its Consolidated Plan, adopted by Resolution No. 98-22814 on July 1, 1998, and its One-Year Action Plan for Federal Funds for Fiscal Year 2001/02, adopted by Resolution No. 2001-24517 on July 18, 2001, as amended; and WHEREAS, On May 29,2002, the Mayor and City Commission adopted Resolution No. 2002-24863 providing a reservation of HOME Program funds from fiscal year 2001/02 in the amount of $760,000 for the Housing Authority of the City of Miami Beach for the proposed Single Parent Family Housing and Resource Center, to be located at 321-327 Michigan Avenue; and WHEREAS, on August 1,2003, the Loan Review Committee recommended that the Mayor and City Commission approve exchanging the $760,000 HOME Program funds from fiscal year 2001/02, that were previously reserved for Housing Authority of the City of Miami Beach for the Single Parent Family Housing and Resource; such that, the HOME Program funds from fiscal year 2001/02 will be utilized to substitute funding for the fiscal year 2002/03 HOME Program NOFA and other eligible housing activities; and WHEREAS, on August 1,2003, the Loan Review Committee recommended that the Mayor and City Commission fund the Miami Beach Community Development Corporation (MBCDC) to be utilized for the continuation of a scattered site first-time Home Buyer Assistance Program to provide a minimum of four income-eligible participants with the opportunity to become homeowners, including current Section 8 Program participants enrolled in the Family Self Sufficiency Program established by HACOMB; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute the attached Home Investment Partnerships (HOME) Program Agreement with the Miami Beach Community Development Corporation (MBCDC), providing $395,669 HOME Program funds from fiscal year 2001/02, for the continuation of a Scattered-Site Home Buyer Assistance Program in accordance with the HOME Program requirements and to assist first-time home buyers including participants in the Family Self Sufficiency Program established by the Housing Authority of The City Of Miami Beach (HACOMB). ATTEST: ~r r M~ CITY CLERK of September, 2003 PASSED AND ADOPTED THIS F:\NEIG\HSG-CD\SUSAN\MBCDC\Home Buyer Assistance Program\Home Buyer - MBCCe & HACOMB -Res.doc APPROVED AS TO HJ'~M & U\NGUAGE & FOR EXE::CUTION 10-6 ~ (/? , Date /' " . CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ Condensed Title: A resolution providing $86,200 in HOME Program funds to MBCDC from fiscal year 2001/02 for the continuation of a scattered site Home Buyer Assistance Program to assist first-time home buyers, including participants in the Family Self Sufficiency Program established by the Housing Authority of the City of Miami Beach (HACOMB). Issue: Shall the City provide to MBCDC $86,200 of HOME Program funds from fiscal year 2001/02 for the continuation of a scattered site Home Buyer Assistance Program. Item SummarY/Recommendation: An allocation in the amount of $86,200 from fiscal year 2001/02 HOME Program funds previously reserved for HACOMB will be provided to the MBCDC to be utilized for the continuation of a scattered-site first-time Home Buyer Assistance Program to provide a minimum of four income-eligible participants with the opportunity to become homeowners, including current Section 8 Program participants enrolled in the Family Self Sufficiency Program established by HACOMB. In an effort to address the housing needs of the residents of Miami Beach, MBCDC established the scattered site Home Buyer Assistance Program in 1990. Since then, MBCDC has provided homeownership opportunities to over 240 participants. To date, no beneficiary of this homebuyer program has defaulted on a loan. Advisorv Board Recommendation: On August 1, 2003, the Loan Review Committee recommended that the Mayor and City Commission approve exchanging $760,000 in HOME Program funds from fiscal year 2001/02, that were previously reserved for HACOMB for the Single Parent Family Housing and Resource Center, with HOME Program funds from fiscal year 2002/03; and that MBCDC be provided $86,200 of HOME Program funds from fiscal year 2001/02 for the continuation of a scattered site Home Buyer Assistance Program. Financial Information: Source of Amount Account Approved Funds: 1 $86,200 151.5231 D 2 3 . 4 Finance Dept. Total City Clerk's Office Legislative Tracking: I Vivian P. Guzman Si n-Offs: Department Director City Manager AGENDA ITEM DATE C-1t- ~ ~/O~O? CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov To: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: September 10, 2003 Jorge M. Gonzalez ~ ~ City Manager ().v- 0 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 THE MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION (MBCDC), PROVIDING $86,200 IN HOME PROGRAM FUNDS FROM FISCAL YEAR 2001/02, FOR THE CONTINUATION OF A SCATTERED SITE HOME BUYER ASSISTANCE PROGRAM IN ACCORDANCE WITH THE HOME PROGRAM REQUIREMENTS AND TO ASSIST FIRST -TIME HOME BUYERS INCLUDING PARTICIPANTS IN THE FAMILY SELF SUFFICIENCY PROGRAM ESTABLISHED BY THE HOUSING AUTHORITY OF THE CITY OF MIAMI BEACH (HACOMB). ADMINISTRATION RECOMMENDATION From: Subject: Adopt the Resolution. ANALYSIS Resolution No. 2002-24863, adopted by the City on May 29, 2002, provided a reservation of HOME Program funds from fiscal year 2001/02 in the amount of $760,000 for the Housing Authority of the City of Miami Beach (HACOMB) for the proposed Single Parent Family Housing and Resource Center to be located at 321-327 Michigan Avenue. On July 29,2003, the HACOMB Board of Commissioners decided to move forward with this project by resubmitting it to the Design Review Board in October 2003 and to continue pursuing the permitting process which is now expected to be completed by December 2003. On August 1,2003, the Law Review Committee (LRC) recommended that the Mayor and City Commission approve exchanging the $760,000 in HOME Program funds from fiscal year 2001/02, that were previously reserved for HACOMB, for newer HOME Program funds. Therefore, in order to formally commit all fiscal year 2001/02 HOME Program funds by September 30, 2003, the HOME Program funds previously reserved for HACOMB will be utilized to substitute funding for the fiscal year 2002/03 HOME Program NOFA and other housing activities. Simultaneously, a reservation of HOME Program funds in the amount of $760,000 will be made for HACOMB from fiscal year 2002/03 and future fiscal years. Therefore, an allocation in the amount of $86,200 from fiscal year 2001/02 HOME Program funds previously reserved for HACOMB will be provided to the Miami Beach Community Development Corporation (MBCDC) to be utilized for the continuation of a scattered site first-time Home Buyer Assistance Program to provide a minimum of four income-eligible . . participants with the opportunity to become homeowners, including current Section 8 Program participants enrolled in the Family Self Sufficiency Program established by HACOMB. MBCDC provides homeownership counseling services including: assistance in identifying suitable affordable properties, assistance in financial management, budgeting and resolving adverse credit history, preparation for property acquisition and closing, and assistance in accessing private mortgage financing. The HOME funds will be used as second mortgages or may be used as third party mortgages. in combination with Miami-Dade County Documentary Surtax funded mortgages, to enable a wider range of residents to qualify for participation in the program. The HOME funds will be provided as non-interest bearing deferred payment loans. The HOME Agreement provides for a developer's fee of $2,000 per unit, not to exceed ten percent of the total agreement. In an effort to address the housing needs of the residents of Miami Beach, MBCDC established the scattered site Home Buyer Assistance Program in 1990. Since then, MBCDC has provided homeownership opportunities to over two hundred and forty-six participants. Sixty-five of these participants have received assistance through the City's HOME Program. To date, no beneficiary of this homebuyer program has defaulted on a loan. The Administration recommends that the Mayor and City Commission authorize the Mayor and City Clerk to execute the attached HOME Investment Partnerships (HOME) Program Agreement with the Miami Beach Community Development Corporation (MBCDC) providing $86,200 in HOME Program funds from fiscal year 2001/2002, for the continuation of a scattered site Home Buyer Assistance Program in accordance with the HOME Program requirements and to assist first-time home buyers including participants in the Family Self Sufficiency Program established by the Housing Authority of the City of Miami B;rh ~~COMB). ~'t3/JR/MDC/SSL T:\AGENDA\2003\sep1003\consent\Home Buyer - MBCDC & HACOMB.doc HOME PROGRAM PROJECT AGREEMENT TillS AGREEMENT, entered into this lot day of~tt"'~003, 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 City), and the MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, a Florida Not-for-Profit Corporation, with offices located at 1205 Drexel Avenue, Miami Beach, Florida, (hereinafter referred to as MBCDC). WITNESSETH: WHEREAS, the City was designated by the United States Department of Housing and Urban Development (HUD) as a participating jurisdiction for the receipt of funds as provided under the HOME Investment Partnerships Program (HOME Program)under 24 CFR Part 92; and WHEREAS, the City has entered into an Agreement with HUD for the purpose of conducting an affordable housing program with federal financial assistance under the HOME Program; and WHEREAS, on April 18, 1993, the Mayor and City Commission approved Resolution No. 93-20756, designating Miami Beach Community Development Corporation (MBCDC) as a qualified Community Housing Development Organization (CHDO) under the HOME Program; and WHEREAS, the City has determined the necessity for providing affordable housing in the City through the Fiscal Year 2002/03 One-Year Action Plan for Federal funds, adopted by Resolution No. 2002- 24948 on July 31, 2002; WHEREAS, on August 1,2003, the Loan Review Committee recommended that the Mayor and City Commission approve exchanging the $760,000 HOME Program funds from fiscal year 2001/02, that were previously reserved for Housing Authority ofthe City of Miami Beach for the Single Parent Family Housing and Resource; such that, the HOME Program funds from fiscal year 2001/02 will be utilized to substitute funding for the fiscal year 2002/03 HOME Program NOF A and other eligible housing activities; and WHEREAS, on August I, 2003, the Loan Review Committee recommended that the Mayor and City Commission fund the Miami Beach Community Development Corporation (MBCDC) to be utilized for the continuation of a scattered site first-time Home Buyer Assistance Program to provide a minimum of seventeen income-eligible participants with the opportunity to become homeowners, including current Section 8 Program participants enrolled in the Family Self Sufficiency Program established by HACOMB; and WHEREAS, Miami Beach Community Development Corporation (MBCDC) warrants and represents that it possesses the legal authority to enter into this Agreement, by way of a resolution, motion, or similar action that has been duly adopted or passed as an official act of the MBCDC governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and authorizing the person identified as the official representative ofMBCDC to act in connection with this Agreement and to provide such additional information as may be required; and WHEREAS, it is acknowledged and agreed that funds to be granted to MBCDC derive from Federal funds appropriated to the City by HUD for the uses and purposes herein referred to and, accordingly, it is acknowledged and agreed that this Agreement is entered into in compliance by the parties with all applicable provisions of Federal, State and local laws, statutes, rules and regulations. 1 NOW, THEREFORE, in consideration ofthe mutual promises contained herein, the parties hereto agree as follows: ARTICLE I DEFINITIONS As used in this Agreement the terms listed below shall have the following meanings: (a) HOME: HOME Investment Partnerships Program, 24 CFR Part 92, as amended. (b) HUD: United States Department of Housing and Urban Development or any successor agency. (c) Funds: HOME Program funds. (d) Terms defined in the HOME Investment Partnerships Program Final Rule, 24 CFR Part 92, September 16, 1996, and any amendments thereto: Any term defined in the HOME Investment Partnerships Program Rule, not otherwise defined in this Agreement, shall have the meaning set forth in said rule. (e) CHDO: Community Housing Development Organization as defined in the HOME Program Final Rule, 24 CFR Part 92, as amended. (f) HOME Assisted Units: A term that refers to the number of units within a HOME project for which rent, occupancy, and/or recapture or resale restrictions apply. ARTICLE II ALLOCATION OF HOME FUNDS In consideration for the performance by MBCDC of its role and responsibilities set forth in this Agreement, the City will provide Three Hundred Ninety Five Thousand Six Hundred Sixty Nine Dollars ($395,669) (Funds), from its Fiscal Year 2001/02 HOME allocation to MBCDC to be used for acquisition, with or without rehabilitation, of scattered site single family units located in the City of Miami Beach. Unit ownership shall be transferred to a minimum of seventeen (17) income-eligible home buyers as more fully described in the Scope of Services (Exhibit A), and Budget (Exhibit B), attached hereto. MBCDC agrees that each homebuyer receiving HOME funds will be required to execute a second or third mortgage document (the HOME Mortgage), in the form provided by the City, that will secure the Funds and detail the recapture restrictions imposed upon the Funds. The HOME Mortgage will be recorded in the Official Records of Dade County Florida, and forwarded to the City with other required closing documents. ARTICLE ill PROCEEDS FROM HOME INVESTMENT In accordance with the HOME Final Rule as amended at ~92.300 (a) (2), MBCDC may retain the proceeds resulting from the investment of its CHDO set aside funds for use in other housing activities which benefit low-income families. However, any recapture of HOME funds for housing not meeting the affordability requirements of 24 CFR ~92.254 (a) (5) (ii), will be considered program income and will be repaid in accordance with the requirements of24 CFR ~92.503. ARTICLE IV SPECIAL PROVISIONS APPLICABLE TO FUNDS PROVIDED UNDER THE HOME PROGRAM MBCDC expressly agrees to the following terms and conditions in conformity with the HOME Program Final Rule, 24 CFR Part 92, as amended: 2 (a) Affordability Period. The period of time HOME assisted units must remain affordable is in accordance with 24 CFR ~92.254 (home ownership housing), beginning after project completion. (b) Repayment of Funds; Transfer of Title. The Funds (which definition shall include the allocation of any additional funds that may be provided by the City in the future as a result of an amendment or modification ofthis Agreement) shall be repaid in accordance with the terms of the HOME Mortgage executed by each recipient of the Funds if the HOME units do not meet the affordability requirements for the required time period, in accordance with the terms of this Agreement and the Regulations. (c) MBCDC shall comply with all applicable federal regulations as they may apply to restrictions and limitations regarding real property under MBCDC's control acquired or improved in whole or in part with HOME funds. (d) Projects must provide safe, sanitary, and decent residential housing for low-income and very low- income persons (i.e., a person whose income is within specific income levels set forth by U.S. HUD). (e) Income Targeting. MBCDC shall maintain written documentation that conclusively demonstrates that each homebuyer household qualifies as low-income (annual income does not exceed 80 percent of the median income for the area) at the time of purchase. (t) Records: MBCDC shall maintain all records sufficient to meet the requirements of 24 CFR 92.508(a)(2) program records, 92.508(a)(3) project records, 92.508(a)(5) other Federal requirements records, 92.508(a)(6) program administration records. All records required herein shall be retained and made accessible as provided in 24 CFR 92.508 @ and (d) and Florida Statutes Chapter 119. (g) Property Standards. Housing that is assisted with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances and zoning ordinances at the time of project completion (e.g., transfer of the ownership interest from the CHDO to the homebuyer) except for housing that is to be rehabilitated after transfer of the ownership interest shall meet the requirements of 24 CFR ~92.251 (b). (h) Maximum and Minimum Amount of HOME Subsidy Per Unit. The minimum amount of HOME funds that can be invested is $1,000 times the number of HOME assisted units, and the maximum amount of HOME subsidy is limited to the amounts listed in Exhibit C. (i) Environmental Clearance. Immediately after a site is identified by MBCDC, MBCDC shall obtain the City's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. (j) Affirmative Marketing. MBCDC agrees to adopt and implement affirmative marketing procedures, upon approval ofthe City, for HOME Program projects containing five or more HOME-assisted housing units as set forth in 24 CFR 92.351 and to maintain records of its affirmative marketing activities in accordance with the record keeping requirements of 24 CFR 92.508 (a)(7)(ii). (k) Religious organizations. HOME funds may not be provided to primarily religious organizations for any activity including secular activities. In addition, HOME funds may not be used to rehabilitate or construct housing owned by primarily religious organizations or to assist primarily religious organizations in acquiring housing 3 (I) Change in Status. MBCDC agrees to advise the City in writing within thirty (30) days of any organizational, operational, or legal status changes made by MBCDC that affect documents that were submitted by MBCDC to obtain CHDO status. (m) CHDO Capabilities. For the purpose of this Agreement, MBCDC shall serve as a CHDO "developer" pursuant to the Final HOME Rule, 992.300 (a). (n) Affordable housing: home ownership. Housing that is for purchase qualifies as affordable housing only if the housing has a purchase price or, estimated value after rehabilitation, that does not exceed 95 percent of the median purchase price for single family housing in the City, as determined by HUD; is the principal residence of an owner whose family qualifies as low-income at the time of purchase; and is subject to recapture provisions established by the City for the required period of affordability. Units receiving assistance will be scattered throughout the City. Assisted units shall not exceed twenty percent of any single condominium project. ARTICLE V ELIGIBLE COSTS MBCDC agrees that eligible costs for the project under this Agreement are limited to those eligible costs as outlined in 24 CFR 92.206 of the HOME Program regulations. ARTICLE VI DISBURSEMENT OF FUNDS (a) The City shall issue a check to MBCDC for each approved home ownership transaction for down payment assistance (HOME Mortgage) to be provided to the homebuyer. (b) Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by the City of all reports and documents which MBCDC is required to submit to the City pursuant to the terms of this Agreement or any amendments thereto. (c) No payments will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with the City. (d) MBCDC understands and agrees that requests for disbursements of funds under this Agreement are only to be requested when the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. (e) 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. Upon receipt of acceptable documentation of the applicant's income eligibility, site requirements, and a project proforma, the City shall issue a conditional commitment of HOME Funds for the individual transaction. Subsequently, MBCDC shall submit the remaining required documents relative to the transaction to the City's Economic and Community Development Department for review a minimum of thirty (30) days prior to the disbursement of HOME funds for the individual transaction. The City Manager or his designee shall be authorized by the City Commission to approve individual sites and transactions and to execute all required transaction documents. 4 (f) Cancellations of projects or site transactions with disbursements: If a project or site transaction is canceled, whether voluntarily by MBCDC or otherwise, an amount equal to the HOME funds disbursed by the City for the transaction, must be repaid to the City. The City shall be immediately notified, in writing, of a project or site cancellation and all funds disbursed by the City shall be repaid to the City within 15 days ofthe date of proj ect or site cancellation. ARTICLE VII SUBCONTRACTS (a) MBCDC shall use its best efforts to include a statement in all subcontracts that it executes that the subcontractor shall hold the City harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement to the extent allowed by law. (b) IfMBCDC subcontracts, a copy of the executed subcontract must be forwarded to the City within ten (10) days after execution. ARTICLE vm CONDITIONS OF SERVICES (a) MBCDC agrees to comply with the requirements of Executive Orders 11625 and 12432 concerning Minority Business Enterprise and 12138 Women's Business Enterprise which encourage the use of minority and women's business enterprises, to the maximum extent possible, in connection with HOME- funded activities. (b) MBCDC agrees to comply with the Displacement, Relocation and Acquisition requirements in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 V.S.C. 4201-4655) and 49 CFR Part 24. (c) CDC agrees to comply with all of the following federal laws, executive orders, and regulations pertaining to fair housing and equal opportunity. (I) Title VI of the Civil Rights Act of1964, As Amended (42 V.S.C. 2000d) -- States that no person may be excluded from participation in, denied the benefits of, or subj ected to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, or national origin. Its implementing regulations may be found in 28 CFR Part I. (2) Title vm of the Civil Rights Act of 1968, As Amended the "Fair Housing Act" (42 V.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115 -- Prohibits discrimination in the sale or rent of units in the private housing market against any person on the basis of race, color, religion, sex, national origin, familial status or handicap. (3) Equal Opportunity in Housing (Executive Order 11063, As Amended by Executive Order 12259) and implementing regulations at 24 CFR Part 107 -- Prohibits discrimination in housing or residential property financing related to any federally assisted activity against individuals on the basis of race, color, religion, sex or national origin. (4) Age Discrimination Act of1975, As Amended (42 V.S.C. 6101) and its implementing regulations at 24 CFR Part 146 -- Prohibits age discrimination in programs receiving federal financial assistance. 5 (5) Equal Employment Opportunity, Executive Order 11246, As Amended and its implementing regulations at 41 CFR Part 60 -- Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex, or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000. (e) MBCDC agrees to comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) -- Requires that, to the greatest extent feasible, opportunities for training and employment arising from HOME will be provided to low-income persons residing in the program service area; and, to the greatest extent feasible, contracts for work to be performed in connection with HOME will be awarded to business concerns which are located in or owned by persons residing in the program service area. (f) MBCDC will ensure that all units in a project assisted with HOME funds comply with the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et) and its implementing regulations at 24 CFR 35. (g) MBCDC agrees to comply with the Federal Labor Standards Provisions, as described in HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs). Every contract for the construction (includes rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision requiring the payment of not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act [reference 24 CFR ~92.354 (a)]. (h) MBCDC agrees to comply with the requirements of24 CFR part 24 regarding debarment and suspension. ARTICLE IX TERM OF AGREEMENT This Agreement shall be effective upon execution by both parties and shall end at the conclusion ofthe period of afford ability as specified in 24 CFR ~92.254 (affordable home ownership housing). MBCDC agrees that the funds shall be expended by September 30. 2001. Unexpended funds shall automatically revert to the City to be utilized for other affordable housing projects. ARTICLE X TERMINATION The City and MBCDC agree that this Agreement may be terminated in whole or in part, for cause (as defined in Article XXVI herein and in accordance with the provisions of 24 CFR Part 85.43) or for convenience (as defined in Article XXVII and in accordance with the provisions of24 CFR, Part 85.44). A written notification shall be required at least thirty (30) days prior to the effective date of such termination, and shall include the reason for the termination (if for cause), the effective date, and in the case of a partial termination, the actual portion to be terminated. ARTICLE XI AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties hereto. Any changes which do not substantially 6 change the scope of the Agreement or increase the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and MBCDC. ARTICLE XII CONFLICT OF INTEREST (a) MBCDC shall comply with the standards contained in 24 CFR Part 92.356 which states that no owner, developer or sponsor of a project assisted with HOME funds (or officer, employee, agent or consultant of the owner, developer or sponsor) whether private-for-profit or non-profit, may occupy a HOME-assisted affordable housing unit in a project. This provision does not apply to an owner-occupant of single family housing or to an employee or agent of the owner or developer of a rental housing project who occupies a HOME-assisted unit as the project manager or maintenance worker. Exceptions may be granted by the City in accordance with 24 CFR Part 92.356(f)(2). (b) MBCDC shall disclose any possible conflicts of interest or apparent improprieties of any party that is covered by the above standards. MBCDC shall make such disclosure in writing to the City immediately upon MBCDC's discovery of such possible conflict. The City will then render an opinion which shall be binding on all parties. (c) Related Parties. MBCDC shall report to the City the name, purpose, and any other relevant information in connection with any related-party transaction. This includes, but is not limited to, a for-profit subsidiary or affiliate organization, an organization with overlapping boards of directors, and an organization for which MBCDC is responsible for appointing memberships. MBCDC shall report this information to the City upon forming the relationship or, if already formed, shall report it immediately. ARTICLE xm INDEMNIFICATION AND INSURANCE MBCDC, through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liabilities, losses, and causes of action which may arise out of an act, omission, negligence or misconduct on the part of MBCDC or any of its agents, servants, employees, contractors, patrons, guests, clients, or invitees. MBCDC, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name ofthe City, when applicable, and shall pay all costs and judgements which may issue thereon. MBCDC shall maintain during the term of this Agreement, the insurance specified below: (1) General Liability: $500,000 combined single limit for bodily injury and property damage, for each occurrence. (2) Contractual Liability: the policy must include coverage to cover the above indemnification. (3) Automobile and vehicle coverage in the amount of$500,000 per occurrence shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement, including non-owned automobile coverage. (4) Workers' Compensation Coverage as per statutory limits of the State of Florida. MBCDC shall submit to the City an ORIGINAL Certificate of Insurance for the above coverage. 7 The City of Miami Beach shall be named as an additional insured - to the extent of its insurable interest on all policies required herein. All insurance coverage shall be approved by the City's Risk Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the execution of this Agreement, this Agreement shall be null and void, and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Risk Manager. ARTICLE XIV REPORTS (a) Progress Reports. MBCDC agrees to submit monthlv status reports which shall describe the progress made by MBCDC in achieving the project objectives identified in the Scope of Services (Exhibit A). The progress report shall be submitted no later than ten (10) days after the end of each month. It will be the responsibility ofMBCDC to notify the City in writing, of any actions, law, or event, that will impede or hinder the success of the activities contemplated by this Agreement. After such notification, the City will take whatever actions it deems appropriate to ensure the success of the program. (b) Annual verification of residency for each unit for the duration of the period of affordability effective twelve months from the closing date of each unit. (c) Other reports as maybe required by the City to demonstrate compliance with any of the terms of this Agreement. If the required reports described above are not submitted to the City or are not completed in the manner acceptable to the City, the City may withhold further payments until they are completed or may take any other action as the City may deem appropriate. ARTICLE XV AUDIT AND INSPECTIONS At any time during normal business hours and as often as the City administration and/or the comptroller ofthe United States may deem necessary, there shall be made available to the City administration and/or representatives of the comptroller to audit, examine and make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. If during the course of a monitoring, the City determines that any payments made to MBCDC do not constitute an allowable expenditure, the City will have the right to deduct/reduce those amounts from their related invoices. MBCDC must maintain records necessary to document compliance with the provisions of this Agreement. ARTICLE XVI COMPLIANCE WITH LOCAL STATE AND FEDERAL REGULATIONS MBCDC agrees to comply with all applicable Federal regulations as they may apply to program administration. Additionally, MBCDC will comply with all State and local laws and ordinances hereto applicable. 8 ARTICLE xvn ADDITIONAL CONDITIONS (a) It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of Federal HOME Investment Partnerships Program funds and must comply with all applicable HUD rules and regulations. It is expressly understood and agreed that in the event of curtailment or nonproduction of said federal grant funds, that the financial sources necessary to continue to pay MBCDC compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, MBCDC agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. (b) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached document, the terms in this Agreement shall rule. (c) waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. ARTICLE XVIII ACCESS TO RECORDS MBCDC, agrees to allow access during normal business hours to all financial records to authorized Federal, State or City representatives and agrees to provide such assistance as may be necessary to facilitate financial audit by any of these representatives when deemed necessary to insure compliance with applicable accounting and financial standards. MBCDC shall allow access during normal business hours to all other records, forms, files, and documents which have been generated in performance of this Agreement, to those personnel as may be designated by the City. ARTICLE XIX SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. ARTICLE XX PROJECT PUBLICITY MBCDC agrees that any news release or other type of publicity pertaining to the project as stated herein must recognize the City as the recipient funded by the United States Department of Housing and Urban Development administered by the City's Community/Economic Development Department and the entity which provided funds for the Project. 9 ARTICLE XXI DRUG-FREE WORKPLACE MBCDC agrees to administer, in good faith, a policy to ensure that it complies with the Drug-Free Workplace Act requirements under 24 CFR Part 24, Subpart F, and will ensure that the workplace is free from the unlawful manufacture, distribution, dispensing, possession or use of drugs or alcohol. ARTICLE XXII NONDELEGABLE MBCDC agrees that the obligations undertaken pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the City shall first consent in writing to the performance or assignment of such service or any part thereof by another person or firm. ARTICLE XXIII SUCCESSORS AND ASSIGNS MBCDC agrees that this Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XXIV UNDEPENDENTCONTRACTOR MBCDC and its employees and agents shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the City, or any rights generally afforded classified or unclassified employees; further he/she shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the City. ARTICLE XXV ASSIGNMENT This Agreement may not be assigned or transferred by MBCDC without the prior written consent of the City thereto. It shall be deemed a default of this Agreement in the event that MBCDC does not strictly comply with the procedures established herein for obtaining City consent to assignment or transfer as defined by this Paragraph. In the event such consent is not obtained, in the manner prescribed herein, the City shall be entitled to declare a default, cancel this Agreement, and resort to its rights and remedies against the defaulting party. In the event MBCDC transfers an interest of more than one (I %) percent ownership in its stock by pledge, sale, or otherwise; or if MBCDC makes an assignment for the benefit of its creditors, or uses this Agreement as security or collateral for any loan; or if the MBCDC is involved in any bulk transfer of its business or assets, then in that event each of the foregoing actions shall also be deemed an assignment of this Agreement and shall require the City's prior written consent. A merger, dissolution, consolidation, conversion, liquidation or appointment of a receivership for MBCDC, shall be deemed an assignment of this Agreement and will require the prior written consent of the City thereto. ARTICLE XXVI TERMINATION FOR CAUSE The City may place MBCDC in default of this Agreement and may suspend or terminate this Agreement, in whole or in part, for cause, as prescribed in Article X herein. "Cause" shall include the following: 10 (a) MBCDC's failure to comply and/or perform in accordance with any ofthe terms and conditions of this Agreement, or any Federal, State or local regulation; (b) MBCDC's failure to maintain the insurance required by the City; (c) Submitting any required report to the City which is late, incorrect, or incomplete in any material respect after notice and reasonable opportunity to cure, as set forth in subparagraph (e) hereof, has been given by the City to MBCDC; (d) Implementation of this Agreement, for any reason is rendered impossible or infeasible; (e) Failure to respond in writing within thirty (30) days of notice of same from City to any concerns raised by the City, including providing substantiating documentation when requested by the City; (t) Any evidence of fraud, waste or mismanagement as determined by the City's monitoring of project(s) under this Agreement, or any violation of applicable HUD rules and regulations; (g) MBCDC's insolvency or bankruptcy; (h) An assignment or transfer of this Agreement or any interest therein which does not comply with the procedures set forth in Article XXV herein; (i) Failure to comply and/or perform in accordance with the affordability requirements, and/or an unauthorized transfer of title of its HOME projects. If the default complained of is not fully and satisfactorily cured within thirty (30) days of receipt of such notice of default to MBCDC, at the expiration of said thirty (30) day period (or such additional period of time, as permitted by the City, in its sole discretion, as required to cure such default in the event MBCDC is diligently pursuing curative efforts) this Agreement may, at the City's sole option and discretion, be deemed automatically canceled and terminated, and the City fully discharged from any and all liabilities, duties and terms arising out of, or accruing by virtue of this Agreement. In the event of a default for cause, the City may, at its option, avail itself of any and all remedies pursuant to 24 CFRPart 85.43, as amended from time to time, including suspension, in whole or in part, ofMBCDC's grant award(s); recapture of the Funds, as set forth herein, and any other remedies that may be legally available. ARTICLE xxvn TERMINATION FOR CONVENIENCE Notwithstanding Article XXVI above, MBCDC herein consents that the City may terminate this Agreement, in whole or in part, for convenience, as set forth in 24 CFR Part 85.44. ARTICLE xxvm ADDITIONAL REMEDIES In the event of a default and termination for cause, the City shall be entitled to bring any and all legal and/or equitable actions which it deems to be in its best interest, in Dade County, Florida, in order to enforce the City's rights and remedies against the defaulting party. The City shall be entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive counterclaims against the City in any such action. 11 ARTICLE XXIX MAINTENANCE AND RETENTION OF RECORDS MBCDC agrees that it will maintain all records required pursuant to 24 CFR Part 92.508, in an orderly fashion in a readily accessible, permanent and secured location, and that it will prepare and submit all reports necessary to assist the City in meeting record keeping and reporting requirements thereunder. (a) Records shall be maintained for a period of five years after the closeout of funds under this Agreement except as provided herein (2), (3) and (4). (b) If any litigation, claim, negotiation, audit or other action has been started before the regular expiration date, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular period specified in paragraph (1), whichever is later. (c) Records regarding project requirements that apply for the duration of the period of affordability, as well as the written agreement and inspection and monitoring reports must be retained for five years after the affordability period terminates. (d) Records covering displacements and acquisition must be retained for at least five years after the date by which the persons displaced from the property and all persons whose property is acquired for the project have received the final payment to which they are entitled in accordance with 24 CFR 92.353. ARTICLE XXX LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $395,669. MBCDC hereby expresses its willingness to enter into this Agreement with MBCDC's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of $395,669. Accordingly, and notwithstanding any other term or condition ofthis Agreement, MBCDC hereby agrees that the City shall not be liable to MBCDC for damages in an amount in excess of$395,669, for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. ARTICLE XXXI VENUE This Agreement shall be enforceable in Miami-Dade County, Florida, and iflegal action is necessary by either party with respect to the enforcement of any or all terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. ARTICLE XXXII 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 Funds, originated from grants of federal HOME Investment Partnerships Program funds, and must be implemented with all of the applicable rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly understood and agreed that in the event of curtailment or non-production 12 of said federal grant funds, that the financial sources necessary to continue to pay MBCDC compensation will not be available and that this Agreement will thereby terminate effective as of the time it is determined that said funds are no longer available. In the event of such determination, MBCDC agrees that it will not look to, nor seek to hold liable, the City or any individual member ofthe City Commission thereof, personally for the performance of this Agreement and all parties hereto shall be released from further liability each to the other under the terms of this Agreement. ARTICLE XXXIII ACCESSIBILITY LAWS COMPLIANCE MBCDC agrees to adhere to and be govemed by the following accessibility requirements: (a) Architectural Barriers Act of 1968, As Amended (42 D.S.C. 4151) and its implementing regulations at 35 CFR Part 107 -- States that public (i.e., those intended to be accessible to the general public) buildings and conveyances financed with federal funds are designed, constructed, or altered to provide accessibility to the physically handicapped. (b) Section 504 of the Rehabilitation Act of 1973 (29 D .S.C. 794) and implementing regulations at 24 CFR Part 8 -- Prohibits discrimination in federally assisted programs on the basis of handicap and imposes requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive federal funds. (c) Title VIII of the Civil Rights Act of1968, As Amended the "Fair Housing Act" (42 D.S.C. 3601) and its implementing regulations at 24 CFR Part 100-115. MBCDC must complete and submit the City's Disability Non-Discrimination Affidavit (Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit D. In the event MBCDC fails to execute the City's Affidavit, or is found to be in non-compliance with the provisions of the Affidavit, the City may impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of payments to MBCDC under the Agreement until compliance and/or cancellation, termination or suspension of the Agreement in whole or in part. In the event the City cancels or terminates the Agreement pursuant to this Article, MBCDC shall not be relieved of liability to the City for damages sustained by the City by virtue of MBCDC's breach of the Agreement. 13 ARTICLE XXXIV NOTICES All notices shall be sent to the parties at the following addresses, with copies to the Office of the City Attorney: City: City of Miami Beach 1700 Convention Center Drive, 3rd Floor Miami Beach, FL 33139 Attn: (1) City Attorney's Office and (2) Housing and Community Development Division Director MBCDC: Roberto Datorre, President MBCDC 945 Pennsylvania Avenue Miami Beach, FL 33139 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized official(s) on the day and date first above indicated. MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, a Florida not-for-profit corporation ~ - Authorized Signatory \2.o~n..~ DATf!)"-~ Printed Name and Title of Authorized Signatory ~f~ City Clerk Mayor ATIEST: F:\NEIG\HSG-CD\SUSAN\MBCDC\HOME BUYER ASSISTANCE PROGRAM\HOME BUYER - MBCDC & HACOMB. AGREEMENT-DOC APPROVED AS 1'0 FORM & LANGUAGE & FOR EXECUTION 14 ;1!/;;/;:)1Jjj.~ II -1- 6~ ~ 'Date EXlllBIT A SCOPE OF SERVICES Home Buyer Assistance Program MBCDC will provide training, counseling and financial assistance to qualified first-time homebuyers, including Section 8 Program participants enrolled in the Family Self Sufficiency Program established by the HACOMB, in the purchase of property to be used as the principal residence. MBCDC will acquire, rehabilitate and sell existing scattered-site individual dwelling units, consisting of primary condominium units, to provide increased home ownership opportunities within Miami Beach for income eligible persons. Implementation of this program is intended to complement, augment and extend the existing scattered-site home ownership program administered by MBCDC with funds allocated by Miami-Dade County Documentary Surtax Program and the City of Miami Beach Community Development Block Grant Program, SHIP Program, and HOME Program. HOME Program funds will be used as follows: HOME funds may be used: 1) as non-interest bearing deferred payment loans in the form of a second mortgage, to enable qualified applicants to participate in the program; and 2) in conjunction with Surtax mortgages, as non-interest bearing deferred payments loans in the form of a third mortgage, to enable a broader range of persons to qualify for participation in the program. MBCDC will provide home ownership counseling services to participants, including the following: Assistance in identifying suitable affordable properties; financial management and budgeting and assistance in resolving adverse credit history; preparation for property acquisition and closing; and assistance in accessing private mortgage financing. MBCDC will serve as CHDO "developer" as defined under the HOME Program, and will comply with the following specific requirements: For first-time homebuyers programs where the CHDO does not have ownership for the property, the CHDO will obtain financing, rehabilitate the property, and have title of the property and the HOME loan obligation transferred from the owner to a HOME-qualified homebuyer within a specified time frame. The contractual obligation will be between the owner and the CHDO, and is independent of the City. MBCDC will submit each proposed transaction to the Housing and Community Development Division for review in accordance with established time frames and procedures. The City Manager or his designee shall be authorized by the City Commission to approve individual sites and transactions and to execute all required transaction documents. EXlllBIT B BUDGET Total amount of HOME Program funds: $395,669 Form of assistance: HOME funds will be used to provide direct home ownership assistance as a portion of the home buyers financing package. HOME funds will be provided as either (a) non-interest bearing deferred second mortgage loans, or (b) in conjunction with Surtax mortgages, as non-interest bearing deferred third mortgage loans, to enable a broader range of persons to qualify for participation in the program. A developer fee of $2,000 may be charged for each unit, not to exceed a total of $39,567. Number of HOME-assisted units: a minimum of 17 units Deadline for expenditure of funds: September 30, 2006 Repayment of HOME Program funds: HOME funds provided directly to the home buyer shall be recaptured by the City in accordance with the terms of the HOME Mortgage executed at the property closing of each home ownership transaction and recorded in the Official Records of Miami-Dade County Florida. The HOME Mortgage shall be prepared by the City and approved by the City Attorney for form and content. Implementation of this program is intended to complement, augment and extend the existing scattered-site home ownership program administered by MBCDC with funds allocated by Miami-Dade County Documentary Surtax Program and the City of Miami Beach Community Development Block Grant and SHIP Programs. EXlllBIT C HOME PROGRAM MAXIMUM PER-UNIT SUBSIDY LIMITS REGION 04 FIELD OFFICE: 29 JACKSONVILLE, FL PARTICIPATING STATE EFFICIENCY* IBR JURISDICTION ABBREV 2BR MIAMI FL $84,075 $96,376 $117,192 * O-bedroom includes efficiency units and single room occupancy (SRO) units SOURCE: U.S.HUD, Maximum Mortgage Limits (subject to change) 3BR $151,607 4BR $166,417 CONTRACT REFERENCE: EXHIBIT D DISABILITY DISCRIMINATION AFFIDAVIT fI\ ~ a. YVl.I 'PJe ~ t ~ Co Yv, Vv\\.,l-V'-~.' t'j l)vI-eJ O~ UvPO nchiJ it Name of firm, corporation, or organizatIOn POSITION: _?(e~~t' 1<- 0 Ieu4n 'Dcd-c y-y-e..- 'K.o~ rp~yY<-- PHONE NUMBER: ~05 . 5 ~ '2> . DO '1 b AUTHORIZED AGENT COMPLETING AFFIDAVIT: I, , being duly first sworn state: That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, corrununications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 V.S.C. 12101-12213 and 547 V.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accorrunodations and Services Operated by Private Entities; Title IV, Telecorrununications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 V.S.C. Section 794. The Federal Transit Act, as amended: 49 V.S.c. Section 1612. The Fair Housing Act as amended: 42 V.S.C. Section 3601-3631. ~- Signature Nov. i.Q J 200;:? (Date) t..J ~ . ;:}.O 0 '3,. (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me by ~~-t--o '\::A-h> rre. (Affiant) (o-\.N) He/She is personally known to me or has presented as identification. (Type of identification) (Serial Number) IV~j-/e eft (}tArCf/Y; eL !VETTE CHAVARRIA MY COMMISSION' CC 908695 EXPIRES: February 8, 2004 Bonded Thrij Notary Public UndelWrllers Expiration Date) (print or Stamp Name of Notary) Notary Public 6!o n' d.q (State) Notary Seal The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City of Miami Beach.