95-21850 RESORESOLUTION NO. 95-21850
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THREE (3) HOME
INVESTMENT PARTNERSHIPS PROGRAM (HOME)
AGREEMENTS BETWEEN THE CITY AND THE MIAMI BEACH
DEVELOPMENT CORPORATION (MBDC) AS FOLLOWS: 1) SIXTY
THOUSAND SIX HUNDRED DOLLARS ($60,600), FROM FISCAL
YEAR 1995, FOR ELIGIBLE COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) OPERATING
EXPENSES IN FISCAL YEAR 1995196; 2) FOUR HUNDRED
THOUSAND DOLLARS ($400,000) FOR A CHUG ELIGIBLE
SCATTERED -SITE HOME -OWNERSHIP PROGRAM; AND, 3) A
RESERVATION OF FUNDS IN THE AMOUNT OF SIX HUNDRED
NINETY FIVE THOUSAND ONE HUNDRED NINETY FOUR
DOLLARS ($695,194) FOR CHDO ELIGIBLE PROJECTS TO BE
DEVELOPED, SPONSORED OR OWNED BY MBDC, CONSISTENT
WITH THE CITY'S CONSOLIDATED PLAN, AS ADOPTED BY THE
MAYOR AND CITY COMMISSION ON JULY 26, 1995.
WHEREAS, on February 18, 1992, the City of Miami Beach was designated by the U.S.
Department of Housing and Urban Development (HUD) as a Participating Jurisdiction to receive
funding through the HOME program; and
WHEREAS, the HOME program is intended to expand the supply of decent and affordable
housing and encourages partnerships with the private sector and nonprofit housing providers; and
WHEREAS, on April 8, 1993, the Mayor and City Commission approved Resolution No. 93-
20756, designating the Miami Beach Development Corporation (MBDC) as a Community Housing
Development Organization (CHDO); and
WHEREAS, in accordance with the HOME regulations, the City may provide up to five
percent (5%) of its HOME allocation each fiscal year for eligible operating expenses of a CHDO; and
WHEREAS, in accordance with the HOME regulations, the City must reserve a minimum
of fifteen percent (15%) of each fiscal year HOME allocation for a CHDO set -aside for investment
in housing to be developed, sponsored, or owned by CHDOs; and
WHEREAS, on duly 26, 1995, the Mayor and City Commission approved Resolution No. 95-
21670, which adopted the City's Three Year Consolidated Plan and therein specified the 1995
CHDO set -asides; and
WHEREAS, the Consolidated Plan provides for the targeting of Fiscal Year 1995 HOME
funds for the rehabilitation of existing multi -family units to provide affordable rental housing and for
the provision of home ownership opportunities to first time home buyers; and
WHEREAS, the City also has prior year (FY 1992, 1993 and 1994) HOME program funds
that are currently uncommitted, and which the City now desires to commit in accordance with the
Consolidated Plan; and
WHEREAS, on November 17, 1995 and December 8, 1995, the City's Loan Review
Committee reviewed and approved the three attached HOME Program funding Agreements for the
Miami Beach Development Corporation (MBDC); and
WHEREAS, on December 8, 1995, the City's Loan Review Committee reviewed and
approved Home Buyer Program Guidelines and Procedures which have been incorporated into the
attached Project Agreement for the Scattered Site Home Ownership Program.
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 three
(3) HOME Investment Partnerships Program (HOME) Agreements between the City and the Miami
Beach Development Corporation (MBDC) as follows: 1) $60,600 from fiscal year 1995, for eligible
Community Housing Development Organization (CHDO) operating expenses in fiscal year 1995196:
2) $400,000 for a CHDO eligible scattered -site home -ownership program; and, 3) a reservation of
funds in the amount of $696,194 for CHDO eligible projects to be developed, sponsored or owned
by MBDC, consistent with the City's Consolidated Plan, as adopted by the Mayor and City
Commission on July 26, 1995.
PASSED AND ADOPTED THIS 20[h DAY OF December, 1995.
ATTEST:
TY CLERK
fanbdc\3agrmis.res
FO°n.4 APPROVED
LE/GAL DEPT.
Date
CITY OF MIAMI BEACH
CITYHALL 1700 CONVENTION CENTER DRIVE MIAMIBEAOH FLOPIDA33139
COMMISSION MEMORANDUM NO. 918AS
TO: Mayor Seymour Gelber and
Members of the City Co
ivi n DATE: December 20, 1995
FROM: Jose Garcia -Pedrosa
City Manager
SUBJECT: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THREE (3) HOME INVESTMENT PARTNERSHIPS PROGRAM
(HOME) AGREEMENTS BETWEEN THE CITY OF MIAMI BEACH AND
THE MIAMI BEACH DEVELOPMENT CORPORATION (MBDC), AS
FOLLOWS: 1) SIXTY THOUSAND SIX HUNDRED DOLLARS ($60,600)
FROM FISCAL YEAR 1995 FOR ELIGIBLE COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO) OPERATING EXPENSES IN
FISCAL YEAR 1995/96; 2) FOUR HUNDRED THOUSAND DOLLARS
($400,000) FOR A SCATTERED SITE HOME -OWNERSHIP PROGRAM;
AND, 3) A RESERVATION OF FUNDS IN THE AMOUNT OF SIX
HUNDRED NINETY-FIVE THOUSAND ONE HUNDRED NINETY-FOUR
DOLLARS ($695,194) FOR CHDO-ELIGHILE PROJECTS TO BE
DEVELOPED, SPONSORED, OR OWNED BY MBDC, CONSISTENT WITH
THE CITY'S CONSOLIDATED PLAN.
ADMINISTRATION RECOMMENDATION:
Subsequent to the City Commission's deferral of these Agreements on December 6, 1995, the
Agreements were again reviewed and approved by the City's newly expanded Loan Review
Committee (LRC) at its meeting of December 8th.
Therefore, the Administration again recommends that the Mayor and City Commission adopt the
attached Resolution and the three (3) related Agreements necessary for MBDC to undertake the
following: 1) W,600 in FY 95 funds for Community Housing Development Organization (CHDO)-
operating expenses in FY 1995/96; 2) $400,000 for a Scattered -site home -ownership Program; and
3) a Reservation of Funds in the amount of $ 695,194 of which $191,800 in FY 95 funds is reserved
until September 30,1997 (the required 2-year period) and $513,394 is reserved for six months,
commencing with the execution of the Fund Reservation Agreement for CHDO-eligible projects that
are developed, owned or sponsored by MEDIC consistent with the City's Consolidated Plan.
AGENDA ITEM E� /�_
DATE I2-2.0-95
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE 2
BACKGROUND
The HOME Program encourages partnerships between government and the private sector, including
for -profit and non-profit organizations to acquire, construct, rehabilitate or manage affordable
housing. MBDC is currently the only designated CHDO in the City, and as such is mandated by the
HOME program to receive, at a minimum, a fifteen (15"f°) percent set -aside of each fiscal year's
annual allocation of HOME funds for eligible affordable housing projects or activities. The City, as
an entitlement recipient, received $1,212,000 in Federal FY 1995 HOME funds.
In addition to the CHDO 15% project set -aside, the HOME program regulations allow a City to
provide up to 5% of the annual HOME allocation as operating support for the CHDO. (MBDC has
received an annual allocation of funds to pay for its CHDO-eligible operating expenses since the 1992
fiscal year).
CONSOLIDATED PLAN TARGETS
On July 26, 1995 the City Commission adopted the City's Three -Year Consolidated Plan by
Resolution No. 95-2I690. The Consolidated Plan stipulated that HOME funds be targeted as
follows:
33 1/3% of all funds - for the renovation of the existing stock of condominium and apartment
units for first-time home -ownership opportunities
33 1/3% of all funds - for the renovation of the existing multi -family rental housing stock for
the elderly
33 1/3% of all funds - for the renovation of the existing multi -family rental housing stock for
others (includes families and special needs populations, e.g., persons with AIDS)
ANALYSIS:
The Consolidated Plan specified the individual budget allocations for the FY 1995 HOME Program
as related to MEDC, as follows:
$60,600 - Miami Beach Development Corporation (MBDC): CHDO Operating Expenses
of 5% for housing to be developed, sponsored or owned by the CHDO. (Includes salaries
and benefits and operating costs).
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE 3
$500,000 - Miami Beach Development Corporation (MBDC): CHDO Set -aside of 41%,
for projects to be developed, owned or sponsored by the CHDO (includes Acquisition for
Rehabilitation, Multi -Unit Residential Rehabilitation, and Direct Homeowner Assistance).
Although the Consolidated Plan set forth the budgets for the new FY 95/96 HOME funds, it did not
address existing funds that were either uncommitted or had been previously set aside in a reservation
of funds.
On April 20, 1994 the City Commission authorized a Reservation of Funds for six months in the
amount of $745,194 for MBDC to develop family rental projects. As a result, MBDC purchased the
Madison Apartments located at 259 Washington Avenue, which will be reconfigured into 17 units,
primarily two- and three -bedroom apartments. Since MBDC was successful in obtaining other public
and private funds, e.g. State Tax Credits, Dade County HOME funds, Metro -Dade Hurricane Trust
Funds, etc., MBDC was able to reduce the amount of City HOME funds originally contemplated for
the project. On December 6, 1995 the City Commission approved the Amendment to the Madison
Apartments Agreement, increasing the City's contribution for the eligible acquisition costs from
$200,000 to $350,000. This project is now scheduled to close on December 20, 1995.
Additionally, MBDC has recently spent a0 of its FY 1992 and 1993 HOME project funds ($458,250),
and the City has not yet committed the balance of the FY 1994 CHDO set -aside. The City is required
to set aside, at a minimum, 15% of each year's HOME funds to the designated CHDO. Thus, the City
must execute an Agreement with MBDC that includes the balance of the FY 1994 and 1995 HOME
set aside funds. The federal regulations stipulate that each annual allocation of HOME funds must
be committed within 24 months and expended within 5 years from the allocation date.
LOAN REVIEW COMMITTEE fLRCI FUNDING RECOMMENDATIONS OF
DECEMBER 9, 1995:
On November 17, 1995, the City's newly expanded Loan Review Committee (LRC) reviewed and
approved three (3) HOME Program Agreements between the City and MBDC in its capacity as the
City's CHDO. Following the City Commissions deferral of the Agreements on December 6th
(excluding approval of the Agreement for the Madison Apartments), these MBDC Agreements were
again reviewed by the LRC at its December 8th meeting.
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE
On December 8th, the LRC again approved:
1) FY 95 CHDO Operating Agreement: $60,600
* maintaining its eligibility as a qualifying CHDO;
* eliciting input from the community, particularly from low-income program beneficiaries, in
decisions regarding design, siting, development, and management of affordable housing
projects;
* undertaking the development of affordable housing strategies and programs consistent with
the Consolidated Plan;
* developing project -specific plans to implement such programs;
* identifying additional funding resources available to implement housing initiatives, including
grant resources, mortgages and other funding; and
* planning and developing affordable housing initiatives, including rental housing and ownership
housing for first-time home buyers, low-income families, and persons with special needs.
2) Scattered -Site Home Ownership Program: $400,000
The scattered -site home -ownership program will provide 20 units at an average HOME
investment of $20,000 per unit; funds must be committed by MBDC by September 30, 1996
and expended by March 31, 1999. This program is intended to complement, augment, and
extend the existing scattered -site home -ownership program already funded through the City's
CDBG Program, This Agreement also includes a 10% set -aside ($40,000) for MBDC to use
for eligible project -specific loans. These loans assure that the CHDO has access to funds up-
front for predevelopment project expenses.
The sources of funds for this agreement are: the balance of the FY 1994 15% minimum set -
aside of $169,050 and the FY 1994 Reservation of funds in the amount of $380,950.
"Home -buyer Assistance Program Guidelines and Procedures" include:
1) Application Selection procedures, i.e., using a written waiting list with local
preference for the elderly, disabled, and families facing eviction or who are paying
more than 30% of their income for housing costs.
2) A limit on unit concentrations, i.e., no more than 30% of any one condominium
property will be assisted units.
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE
3) Required inspections by the City and Metro -Dade, and required appraisal reports,
financial statements, reserves, budgets, and condominium association approvals.
4) Qualification criteria, e.g., verification of employment, income verification, review of
federal income tax returns for the prior two years, and acceptability by a lender, etc.
5) Administrative Submissions - MBDC will submit proposed transactions to the
Housing and Community Development Division for review, and the City Manager or
his designee shall be authorized by the City Commission to approve individual sites
and transactions and execute all required documents.
6) Annual monitoring and verification by MBDC of the ownership and occupancy status
of each unit.
3) Reservation of Funds Agreement: $695,194
CHDO-eligible projects to be developed, owned or sponsored by MBDC, as follows:
$181,800 in FY 1995 funds reserved until September 30, 1997. This represents the
City's mandatory 24-month CHDO set -aside of 15% of its annual allocation of HOME
funds.
$513,394, which includes $318,200 in FY 1995 funds as authorized in the
Consolidated Plan (m addition to the amount listed above), and $195,194 from prior
years (FY 92, 93, and 94) funds that must be committed within six (6) months or the
funds revert back to the "NOFA".
This Agreement allows MBDC to utilize 10"/c, or $69,519, for project -specific technical
assistance, site control loans and seed money loans, so that MBDC can secure a site though
a refundable deposit, contingent upon subsequent site approval by the Loan Review
Committee and the City Commission.
Since HUD recaptures HOME funds that are not committed within 24 months, and since the City
still has prior year HOME funds that are not committed, one way to ensure that these funds will not
be lost is to commit them to a CHDO in a Fund Reservation Agreement. Thus, the City will be
protected from "recapture", and the risk to the City is minimized.
SITE APPROVAL PROCESS:
Prior to this fiscal year, the City Manager was authorized to approve individual HOME Program site
transactions. The City Commission did not review and approve the specific site(s) for this initiative.
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE 6
However, consistent with the Consolidated Plan, the Administration recommends the following site
approval process for these Agreements:
1) CHDO Operating Agreement- $60,600; Not applicable, since these funds are for CHDO
operating expenses.
2) Scattered -Site Homeownership Program Agreement - $400,000: the Home -ownership
Program operated by MBDC will use HOME funds for down- payment assistance and/or as
a gram or second- and third -mortgage subsidies. The Home -ownership Program Agreement
will adopt the Program Guidelines which delineate the goals and implementation procedures
for the HOME funds, but which will not contemplate the specific individual purchase
transactions. MBDC will submit proposed site transactions to the Housing and Community
Development Division for review. The City Manager, or his designee, shall be authorized to
approve the individual scattered home -ownership sites and transactions, and to execute all
required documents Additionally, 10%u, or $40,000, may be utilized for project -specific site
control or seed money loans.
3) Reservation of Funds Agreement - $695,194: MBDC will be permitted to utilize 10% of
the Reservation Agreement, or $69,519, for eligible project -specific technical assistance and
site control loans and seed money loans. In this manner MBDC can select and hold a site for
up to 90 days. The Administration is aware that funds expended for certain costs, e.g.,
appraisals, inspection reports, etc. may not be recaptured but views these costs as necessary
and appropriate to allow the CHDO to select eligible sites. The CHDO will then submit the
proposed site and transaction information to the LRC to obtain its approval. Sites that are
favorably approved by the LRC will then be submitted to the City Commission for approval.
Based on the City Commission direction on July 26, 1995, and LRC on November 17,
1995, all proposed sites wilt now be subject to review and approval by the LRC, which
will then recommend approval or disapproval to the City Commission. Thus, the newly
expanded LRC will serve as the Advisory Body charged with the initial review and approval
of all HOME Program projects, 'including those of MBDC acting as the City's CHDO. The
City Commission will have the final decision on site approval.
MBDC'S HOME PROGRAM PERFORMANCE:
Over the past year, MEDC has acquired and closed on two scattered -site condominium units to be
operated as family rental housing units and has investigated several other properties and sites for
affordable housing initiatives.
COMMISSION MEMORANDUM
DECEMBER 20, 1995
PAGE 7
As indicated earlier, MBDC is currently finalizing the financing package for the Madison Apartments
located at 259 Washington Avenue, acquired in June 1994. After a six-month delay by the State,
MBDC was successful in securing a commitment of State HOME funding and Tax Credits from the
Florida Housing Finance Agency towards the rehabilitation costs of the Madison. The closing for this
property is scheduled for December 20, 1995, and construction is scheduled to begin in January 1996.
The City has already issued the building permit. This 18,000-square-foot property was formerly a
vacant boarded -up hotel which MEDC plans to reconfigure into a high -quality project to provide 17
efficiency, one-, two-, and three -bedroom units which will be rented to low- and very low-income
families.
The Administration recommends that the Mayor and City Commission adopt the attached Resolution
and the three (3) related Agreements necessary for MBDC to undertake the following: 1) $60,600
in FY 95 funds for eligible Community Housing Development Organization (CHDO) operating
expenses in FY 1995/96; 2) $400,000 for the Scattered -site Home -ownership Program; and 3) a
reservation of funds in the amount of $ 695,194, of which $181,800 in FY 1995 funds is reserved
until September 30,1997 (the required 2-year period) and $513,394 is reserved for six months,
commencing with the execution of the Fund Reservation Agreement, for CHDO-eligible projects that
are developed, owned or sponsored by MBDC.
JGP/nSWM/BS
PROJECT AGREEMENT
THIS AGREEMENT, entered into this2Oth day OfDecembeT1995 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, a not -for -profit Florida corporation, with offices located at
1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBDC).
WITNESSETH:
WHEREAS, the City has been designated by the United States Department of Housing
and Urban Development as a participating jurisdiction for the receipt of funds as provided under
the HOME Investment Partnerships Program under 24 CFR 92; and
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development under the terms of the HOME Program in order to expand the
supply of decent, safe, sanitary and affordable housing within the City, for low and very low
income persons; and
WHEREAS, the City has determined the necessity for providing affordable housing in
Miami Beach through its Consolidated Plan, which was adopted by Resolution No. 95-21670,
on July 26, 1995; and
WHEREAS, the Mayor and City Commission, by Resolution No. 93-20756, designated
MBDC as a qualified Community Housing Development Organization under the HOME
Investment Partnerships Program; and
WHEREAS, MBDC certifies that it possesses the legal authority to enter into this
Agreement, by way of a resolution, motion, or similar action that has been duly adopted or
passed as an official act of the MBDC governing body, authorizing the execution of this
Agreement, including all understandings and assurances contained herein, and authorizing the
person identified as the official representative of MBDC to act in connection with this
Agreement and to provide such additional information as may be required.
NOW, THEREFORE, in consideration of the 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 92, as amended.
(b) HUD: United States Department of Housing and Urban Development.
(c) CHDO: Community Housing Development Organization as defined in the HOME
Investment Partnerships Program, 24 CFR Part 92, as amended, and CPD Notice 94-02.
(d) Funds: HOME Program funds.
(a) Terms defined in the HOME Investment Partnerships Program Consolidated Interim Rule,
24 CFR Part 92, July 12, 1995, 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.
ARTICLE II
BUDGET AND SCOPE OF _CERVICES
MBDC agrees to implement a Scattered -Site Home Ownership Program in the amount
of Four Hundred Thousand Dollars ($400,000), (the Funds), in accordance with the Scope of
Services (Exhibit A) and Budget (Exhibit B), attached hereto.
ARTICLE III
MBDC agrees that any program income generated from the use of HOME funds under
this Agreement, after making all debt repayments to the City (or other lender) if any, is to be
used by MBDC to further other affordable housing activities.
ARTICLE IV
SPECIAL PROVISIONS APPI ICABI E TO FUNDS PROVIDED I INDER THE HOME PROGRAM
MBDC expressly agrees to the following terms and conditions in conformity with 24 CFR
Part 92;
(a) Affordability Period. The period of time HOME assisted units must remain affordable
is in accordance with 24 CFR 92.252 or 24 CFR 92.254 as applicable, or the term of a HUD
insured mortgage, whichever period occurs later. The funds, in accordance with the Scope of
Services and Budget, Exhibit A and B, shall be repaid to the City in the event the housing does
not meet the affordability requirements for the specified time period in accordance with 24 CFR
Part 92.503(b).
(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 of this Agreement) shall be repaid in their entirety if the
HOME units do not meet the affordability requirements for the specified time period, in
accordance with the terms of this Agreement and the Regulations. Any violation of the
affordability requirements may, at the City's option, result in the entire amount of the Funds,
as indicated in Article II or as subsequently amended or modified, to be returned and/or
otherwise repaid by MBDC to the City. The City reserves the right to review the affordability
requirements, as set forth herein. Concurrent with its execution of this Agreement and/or any
projects pursuant to this Agreement, MBDC shall execute a Restrictive Covenant incorporating
the terms of this section.
(c) MBDC shall comply with all applicable federal regulations as they may apply to
restrictions and limitations regarding real property under MBDC's control acquired or improved
in whole or in part with HOME funds. The Funds shall be subject to all of the terms and
conditions of the HOME Program, 24 CFR Part 92, and any amendments thereto
(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).
(a) Income Targeting. MBDC shall maintain written documentation that conclusively
demonstrates that each project assisted in whole or in part with HOME funds provides benefit
to low income persons (persons whose annual incomes do not exceed 80 percent of the median
income for the area) as determined by HUD.
(f) MBDC shall maintain a financial management system that conforms to the financial
accountability standards of Attachment F of OMB Circular A-110.
(g) Records: MBDC 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 (c) and (d) and Florida
Statutes Chapter 119.
(h) Property Standards. For the duration of this Agreement and any amendments
hereto, housing that is assisted with HOME funds, at a minimum, must meet the Housing
Quality Standards of Section 882.109 of this title. In addition, housing that is newly
constructed or substantially rehabilitated with HOME funds must meet all applicable local codes,
rehabilitation standards, ordinances, and zoning ordinances. Newly constructed housing must
meet the current edition of the Model Energy Code published by the Council of American
Building Officials. Substantially rehabilitated housing must meet the cost effective energy
conservation and effectiveness standards in 24 CFR part 39. The owner of rental housing
assisted with HOME funds will maintain the housing in compliance with the applicable Housing
Quality Standards and local housing code requirements for the duration of this agreement and
any amendments hereto. The City shall conduct annual or bi-annual, as required, on site
inspections of rental projects to determine compliance with housing codes
(1) 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. The
number of HOME units to be provided are specified in the Budget (Exhibit B), attached
hereto.
(j) Environmental Clearance. For each activity or project described in Exhibit A hereto
for which a location has not yet been identified, immediately after a site is identified by MBDC,
MBDC 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.
(k) Affirmative Marketing. MBDC agrees to adopt affirmative marketing procedures and
requirements, in writing, for HOME -assisted housing containing five or more housing units as
set forth in 24 CFR 92.351.
(1) CHDO Capabilities. MBDC, as a CHDO, agrees to either develop, sponsor or own the
HOME assisted projects and in any of these capacities it must have effective management
control.
(m) Change In Status: MBDC agrees to advise the City in writing within thirty (30) days
of any organizational, operational, or legal status changes made by MBDC that affect
documents that were submitted by MBDC to obtain CHDO status.
(n) Tenant and Participant Protections. MBDC agrees that the lease to be executed with
the tenant of rental housing must be in accordance with 24 CFR 92.253. MBDC agrees to
adhere to and develop a fair lease and grievance procedure which will provide a plan for and
follow a program of tenant participation in management decisions, to be submitted to the City
for approval, no later than 60 days from the date of this Agreement.
(o) Religious organizations. HOME funds may not be provided to primarily religious
organizations, such as churches, 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
(p) Affordable housing: homeownership. Housing that is for purchase qualifies as
affordable housing only if the housing has an initial purchase price or, appraised value after
rehabilitation or repair, that does not exceed 95% of the median purchase price for the type of
single-family housing for the City of Miami Beach, currently $112,350, and subject to change
as determined by HUD; is the principal residence of an owner whose family qualifies as low-
income at the time of purchase; is subject to resale restrictions or recapture provisions
established by the City for the required period of affordability.
ARTICLE V
ELIGIRLE COSTS
MBDC agrees that eligible costs for the projects under this Agreement are limited to
those eligible costs as outlined in 24 CFR 92.206 of the HOME Program regulations.
ARTICLE VI
METHOD OF PAYMENT
(1) MBDC shall be paid for eligible costs, permitted under the Scope of Services based on
anticipated or actual costs, with supportive documentation for expenses that are considered
reasonable and necessary and approved by MBDC's authorized representative.
(2) 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 MBDC is required to submit
to the City pursuant to the terms of this Agreement or any amendments thereto.
(3) No payments will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with the City.
(4) MBDC understands and agrees that disbursement request 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.
(5) 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. MBDC shall be required to submit all necessary documentation relative
to the aforestated transactions to the City's Housing and Community Development Division for
review a minimum of thirty (30) days prior to the disbursement of HOME funds for the
individual transactions.
(6) Cancellations of projects or site transactions with disbursements: If a project or site
transaction is cancelled, whether voluntarily by MBDC 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 of the date of project or site cancellation.
ARTICLE VII
$DRCONTRACT_S
(a) MBDC agrees that none of the work or services covered by this Agreement, including
but not limited to consultant work or services, shall be subcontracted or reimbursed without
the prior written approval of the City.
(b) MBDC agrees to include in the subcontract that the subcontractor shall hold the City
harmless against all claims of whatever nature arising out of the subcontractor's performance
of work under this Agreement to the extent allowed by law.
(c) If MBDC subcontracts, a copy of the executed subcontract must be forwarded to the
City within ten (10) days after execution.
ARTICLE VIII
CONDITIONS OF _SERVICES
(a) As a condition of these services, MBDC agrees to comply with the regulations of the
HOME Program and any Amendments thereto as stated in 24 CFR Part 92.
(b) MBDC agrees to comply with the requirements of Executive Orders 11625 and 12432
concerning Minority Business Enterprise and 12138 Woman's Business Enterprise which
encourage the use of minority and women's business enterprises in connection with HOME -
funded activities.
(c) MBDC agrees to abide by and comply with the requirements under Section 1352, Title
31, U.S. Code regarding Lobbying.
(d) MBDC agrees to abide by and comply with the requirements of 24 CFR Part 24,
regarding debarment and suspension, which in part states that neither it or its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this covered transaction in any proposal submitted in connection
with the lower tier transactions
(a) MBDC must comply with the Displacement, Relocation, and Acquisition requirements
in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(f) MBDC agrees to abide by and be governed by the Equal Opportunity and Fair Housing
laws:
(1) Equal Opportunity: No person in the United States shall on the grounds of race,
color, national origin, religion, disability or sex be excluded from participation in, be denied the
benefits of or be subjected to discrimination under any program or activity funded in whole or
in part with HOME funds.
(2) Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part
100, Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958-1963
Comp., P 307) Equal Opportunity in Housing and Implementing regulations at 24 CFR Part 107
and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) Non Discrimination in Federally
Assisted Programs and implementing regulations issued at 24 CFR Part I;
(3) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations of 24 CFR Part
146, and the prohibitions against disabled individuals under the Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 and
Title II of the American with Disabilities Act, Public Law 101-336;
(4) The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., P339) Equal
Opportunity and the implementing regulations issued at (4 CFR Chapter 60);
(5) The requirements of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) the purpose of which is to insure that the employment and other economic
opportunities generated by Federal financial assistance for housing and community development
programs shall, to the greatest extent feasible, be directed toward low- and very -low income
persons, particularly those who are recipients of government assistance for housing.
(g) Housing assisted with HOME funds constitutes HUD -associated housing for the purpose
of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821, at seq.) and is, therefore,
subject to 24 CFR 35. MBDC shall be responsible for testing and abatement activities.
(h) MBDC must comply with the Federal Labor Standards Provisions, as described in HUD
Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs), as applicable.
ARTICLE IX
TERM OF AGREEMENT
This Agreement shall be effective upon execution by both parties and shall end at the
conclusion of the period of affordability as specified in 92.254 (affordable homeownership
housing). MBDC agrees that the Funds shall be comm'ttori by ieptpmher 30 1g9A, and
expended by March 31 iggT , Unexpended funds shall automatically revert to the City to be
utilized for other affordable HOME housing projects.
ARTICLE X
TERMINATION
The City and MBDC agree that this Agreement may be terminated in whole or in part,
for cause (as more specifically defined in Article XXVI herein) or for convenience, in accordance
with the provisions of 24 CFR, Part 85.44. A written notification shall be required at least
thirty (30) days prior to the effective date of such termination, and shall include the reason for
the termination (if for cause), the effective date, and in the case of a partial termination, the
actual portion to be terminated. Notwithstanding the language set forth herein, the City's
reasons for terminating the Agreement for convenience, in whole or in part, shall not be
arbitrary or capricious.
ARTICLE XI
AMENDMENTS
Any amendments, alterations, variations, modifications or waivers of any provisions to
this Agreement, including an increased allocation of funds, will only be valid when they have
been produced in writing and duly signed the both parties hereto. Any changes which do not
substantially change the Scope of Services or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration
and MBDC.
ARTICLE XII
CONFI ICT OF INTEREST
(a) MBDC shall comply with the standards contained within 24 CFR Part 92.356(2).
(b) MBDC shall disclose any possible conflicts of interest or apparent improprieties of any party
that is covered by the above standards. MBDC shall make such disclosure in writing to the City
immediately upon MBDC's discovery of such possible conflict. The City will then render an
opinion which shall be binding on all parties.
(c) Relatad Parties MBDC 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 MBDC is responsible for appointing memberships.
MBDC shall report this information to the City upon forming the relationship or, if already
formed, shall report it immediately. Any supplemental information shall be reported to the City
required Progress Report.
MBDC, 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 MBDC or any other person entering upon MBDCs place
of business. MBDC, through its insurance carrier, shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the City, when
applicable, and shall pay all costs and judgements which may issue thereon.
MBDC, through an insurance carrier, shall provide a General Liability Policy with
coverage for Bodily Injury and Property Damage, in the amount of $500,000 per occurrence
(the policy must include coverage for contractual liability to cover the above indemnification);
and the City of Miami Beach shall be named as an additional insured followed by the statement:
"The coverage is primary to all other coverage carried by the City covering this specific
agreement only." MBDC 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.
MBDC shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk Manager prior to the release
of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the City's Risk
Manager within thirty (30) days after the execution of this Agreement, this Agreement shall
become null and void, and the City shall have no obligation under the terms thereof unless a
written extension of this thirty (30) day requirement is secured from the Risk Manager.
ARTICLE XIV
REPORTS
ORTS
(1) Prnnreee Reports, MBDC agrees to submit monthly progress reports to the City,
describing the status of each project and achievement of the project objectives as provided
herein and in the Scope of Services (Exhibit A), attached hereto. The progress reports shall
be submitted no later than t0 days after the end of each month until such time as all funds are
expended or, for rental projects, until the project is fully occupied.
It will be the responsibility of MBDC to notify the City in writing, of any actions, law, or event,
that will impede or hinder the success of the projects and activities as provided in this
Agreement. After such notification the City will take whatever actions it deems appropriate
to ensure the success of the program.
(2) Other reports as may be required by the City to demonstrate compliance with any of the
terms of this Agreement.
If the required reports described above are not submitted to the City or are not
completed in the manner acceptable to the City, the City may withhold further payments until
they are completed or may take any other action as the City may deem appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City administration and/or
the comptroller of the United States may deem necessary, there shall be made available to the
City administration and/or representatives of the comptroller to audit, examine and make audits
of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement. If during the course of a
monitoring, the City determines that any payments made to MBDC do not constitute an
allowable expenditure, the City will have the right to deduct/reduce those amounts from their
related invoices. MBDC must maintain records necessary to document compliance with the
provisions of this Agreement.
ARTICLE XVI
COMPLIANCE WITH I OCAI STATE AND FEDERAI RErall ATIONS
MBDC agrees to comply with all applicable Federal regulations as they may apply to
program administration. Additionally, MBDC will comply with all State and local laws and
ordinances hereto applicable.
ARTICLE XVII
(a) It is expressly understood and agreed by the parties hereto that moneys
contemplated by this Agreement, to be used for the compensation, originated from grants
under the HOME Program and is contingent upon approval of activities by the United States
Department of Housing and Urban Development.
(b) Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
(c) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
ARTICLE XVIII
ACCESS T_F_._.y O RECORDS
MBDC, 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. MBDC 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
SEVERARILITY 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
PRO-]Fr.T P IRLIrITY
MBDC 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 Housing and Community
Development Division of the Development, Design and Historic Preservation Services
Department and the entity which provided funds for the Project.
ARTICLE XXI
ORI1G1ALCOH01
MBDC agrees to administer in good faith, a policy to ensure that MBDC complies with
the Drug -Free Workplace Act required under 24 CFR Part 24, Subpart F and will establish a
policy to ensure that it's assisted projects are free from illegal use, possession or distribution
of drugs or alcohol by it's beneficiaries.
ARTICLE XXII
NONDFI FOARI F
MBDC 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
MBDC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBDC 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.
10
ARTICLE XXV
ASSI•NM NT
This Agreement may not be assigned or transferred by MBDC without the prior written
consent of the City thereto. It shall be deemed a default of this Agreement in the event that
MBDC 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 the Provider transfers an interest of more than one 0 %) percent ownership in its stock
by pledge, sale, or otherwise; or if MBDC makes an assignment for the benefit of its creditors,
or uses this Agreement as security or collateral for any loan; or if the Provider 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 MBDC, shall be deemed an assignment of this Agreement and will require the
prior written consent of the City thereto.
ARTICLE XXVI
FVFNTc OF nFFALLT
The City may place MBDC in default of this Agreement and may suspend or terminate
this Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause" shall
include the following:
(a) Failure to comply and/or perform in accordance with any of the terms and
conditions of this Agreement, or any Federal, State or local regulation;
(b) Submitting any required report to the City which is late, incorrect, or incomplete
in any material respect after notice and reasonable opportunity to cure, as set
forth in subparagraph IN hereof, has been given by the City to MBDC;
(c) Implementation of this Agreement, for any reason is rendered impossible or
infeasible;
(d) Failure to respond in writing within thirty (30) days of notice of same from City
to any concerns raised by the City, including providing substantiating
documentation when requested by the City;
(a) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of project(s) under this Agreement, or any violation of applicable HUD
rules and regulations;
(f) MBDC's insolvency or bankruptcy;
(g) An assignment or transfer of this Agreement or any interest therein which does
not comply with the procedures set forth in Article XXIX herein;
11
(h) Failure to comply and/or perform in accordance with the
affordability requirements, and/or an unauthorized transfer of title
to it's HOME Projects.
In the event of a default the City may, thirty (30) days after mailing to MBDC a notice
of such default as set forth herein, automatically cancel and terminate this Agreement without
liability to any party to this Agreement. If the default complained of is not fully and
satisfactorily cured within thirty (30) days of MBDCs' receipt of such notice of default to
MBDC, at the expiration of said thirty (30) day period (or such additional period of time (as
permitted by the City, in its sole discretion) as required to cure such default in the event MBDC
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.
ARTICLE XXVII
ADDITIONAL REMEDIES
In the event of a default, the City shall additionally be entitled to bring any and all legal
and/or equitable actions which it deems to be in its best interest, in Dade County, Florida, in
order to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXVIII
MAINTENANCE AND RETENTION OF RECORDS
MBDC agrees that it will maintain all records required pursuant to 24 CFR Part 92, in an
orderly fashion in a readily accessible, permanent and secured location, and that it will prepare
and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(1) Records shall be maintained for a period of four (4) years after the closeout of funds
under this Agreement except as provided herein (2), (3) and (4).
(2) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
paragraph (1), whichever is later;
(3) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for three years AFTER the required period of affordability;
(4) Records covering displacements and acquisition must be retained for at least three 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.
12
ARTICLE XXIX
I IMITATION OF I IARILITY
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
$400,000. MBDC hereby expresses its willingness to enter into this Agreement with MBDCs
recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $400,000. Accordingly, and notwithstanding any other term or condition
of this Agreement, MBDC hereby agrees that the City shall not be liable to MBDC for damages
in an amount in excess of $400,000, for any action or claim for breach of contract arising out
of the performance or non-performance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way
intended to be a waiver of the limitation placed upon the City's liability as set forth in Florida
Statutes, Section 768.28.
ARTICLE XXX
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 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 matter related thereto. In that regard, the parties
shall mutually select an arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the
award rendered may be entered into any court having jurisdiction, or application maybe 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 thereof,
including any controversy or claim relating to the right to specific performance shall be settled
by litigation and not arbitration.
It is expressly understood and agreed by the parties hereto that monies contemplated
by this Agreement to be used for the compensation, originated from grants of federal HOME
Investment Partnerships Program funds, and must be implemented with all of the applicable
rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly
understood and agreed that in the event of curtailment or non -production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will
not be available and that this Agreement will thereby terminate effective as of the time it is
determined that said funds are no longer available. In the event of such determination, MBDC
agrees that it will not look to, nor seek to hold liable, the City or any individual member of the
City Commission thereof, personally for the performance of this Agreement and all parties
hereto shall be released from further liability each to the other under the terms of this
Agreement.
13
ARTICLE XXXII
ACCESSIRILITY LAWS COMPLIANCE
MBDC agrees to adhere to and be governed by all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision
of programs and services, transportation, communications, access to facilities, renovations, and
new construction:
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title 11,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title
IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
MBDC 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 MBDC
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 MBDC 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, MBDC shall
not be relieved of liability to the City for damages sustained by the City by virtue of MBDC's
breach of the Agreement.
ARTICLE XXXIII
NOTICES
All notices shall be sent to the parties at the following addresses, with copies to the
Office of the City Attorney:
City: Shirley Taylor-Prakelt, Director
Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
with copies to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Ml
MBDC: Denis Russ, President
Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
The above parties may change such addresses at any time upon giving the other party
written notification. All notices under this Agreement must be in writing and shall be deemed
to be served when delivered to the address of the addressee. All notices served by mail shall
be registered mail, return -receipt requested.
IN WITNESS WHEREOF, MBDC has caused this Agreement to be executed by its duly
authorized official(s), and the City has caused this Agreement to be executed by its duly
authorized officer(s), the day and year first above written.
ATTEST
� 411
ar
F ..&%Mk95RiG T AGR
MIAMI BEACH DEVELOPMENT CORPORATION
A FLORIDA NOT -FOR OFIT CO PORATION
n' Russ, President
15
FORM APPROV0
LEGAL EP . -
S
Date
EXHIBIT A
SCOPE OF SERVICES
SCATTERED SITE HOMEOWNERSHIP PROJECT
$400,000
16
Miami Beach Development Corporation
First Time Home Buyer Proeram
Scooe of Services
MBDC will provide training, counseling and financial assistance to assist
qualified first time home buyers in the purchase of property to be used as a
principal residence.
MBDC will acquire, rehabilitate and sell existing scattered site
condominium units and other real estate property to provide increased
home ownership opportunities to low and moderate income residents of the
City of Miami Beach.
Implementation of this program is intended to complement, augment and
extend the existing scattered site home ownership program administered by
MBDC with funds allocated by Metro -Dade County Documentary Surtax
program and the City of Miami Beach Community Development Block
Grant program. HOME funds from the City of Miami Beach will be used
in the following manner:
HOME funds may be used as advantageous second mortgage loans
in place of Surtax mortgages, to enable currently qualified
participants to use the program.
HOME funds may be used a grant or third mortgage subsidy to
enable a wider range of residents to qualify for participation in the
program.
MBDC will provide home ownership counseling services to participants,
including the following:
Assistance in identifying suitable affordable properties;
Financial management assistance and resolving adverse credit
record history;
Preparing for property acquisition and closings; and
Assistance in accessing mortgage financing.
MBDC will act as a CHDO developer and will comply with the following
specific requirement:
For first-time homebuyer programs where the CHDO does not have
ownership of the property, obtain financing, rehabilitate or
construct, and have title of the property and the HOME loan/grant
obligations transferred from the owner to a HOME qualified first
time homebuyer within a specified timeframe. Again, the
contractual obligation is between the owner and the CHDO, and is
independent of the P.J.
Implementation
MBDC will submit proposed transactions to the Housing and Community Development
Division for review and approval in accordance with agreed upon timeframes. The City
Manager or his designee shall be authorized by the City Commission to approve
individual sites and transactions and shall be authorized by the City Commission to
execute all required transaction documents.
Miami Beach Development Corporation
Home Buyer Assistance Program
Guidelines and Procedures
1. Application Selection.
Applicants will be selected from the waiting list, within applicable grant and regulatory
requirements local preference will be provided to City of Miami Beach residents in the
following categories: elderly, disabled, and families facing displacement or paying more
than 30% of income for housing costs.
2. Unit Concentrations.
Properties will be eligible from throughout the City of Miami Beach, in a manner that
permits City-wide eligibility. Concentration of units in geograhical areas is discouraged.
Participants in the program shall not exceed thirty (30%) of any one condominium
property,
3. Property Submissions and Inspections.
Submission of appraisal reports, review of comdominium documents, financial
statements, reserves and budgets, and codominium association approvals. All
properties shall be subject to inspections to determine compliance with applicable
housing code requirements by City of Miami Beach / Metro -Dade County Housing Code
Compliance officers.
4. Qualification Criteria.
Participants shall be required to provide verification of employment and income, copies
of two year prior income tax returns, credit reports demonstrating acceptable credit
history, prior rental history, proof of savings to meet downpayment requirements,
demonstration of income verification, and acceptability by commercial bank first
mortgage lender.
5. Administative Submissions.
MBDC will submit all required materials for administrative review and compliance.
These are outlined in the following documents.
G. Subsequent Annual Monitoring Review.
MBDC will annually review qualifications through homestead exemption status
information and such other review to verify ownership and occupancy.
RwWad: November 21, IM
Home Buyer Assistance Program
Miami Beach Development Corporation
1205 Drexel Avenue, Miami Beach, Florida 33139
Telephone (305) 538-0090 - FAX $38-2863
City of Miami Beach
Housing and Community Development Division
Metro -Dade County
Office of Community Development
Department of Special Housing Programs
U. S. Department of Housing and Urban Development
Community Development Block Grant; HOME Partnership Program
State of Florida, Florida Housing Finance Agency
State Housing Incentive Program
Miami Beach Development Corporation
Home Buyer Assistance Program
The Home Buyer Assistance Program provides training, counseling and financing to assist
qualified home buyers in the purchase of property to be used as their principal residence. The
program is administered by the Miami Beach Development Corporation and is funded by the City
of Miami Beach, Metro -Dade County and the U.S. Department of HUD.
Miami Beach Development Corporation seeks to preserve and rehabilitate existing residential
neighborhoods and encourage and provide safe, decent affordable housing to low and moderate
income residents of Miami Beach. MBDC has been designated as a Community Housing
Development Organization by the City of Miami Beach and Metro -Dade County.
Program Objectives
MBDC implements the Home Buyer Assistance Program on a city-wide basis to accomplish
the following objectives:
To provide training, counseling and funding assistance to qualified home buyers;
To foster investment of private capital in the City's neighborhoods and its housing stock; and
To participate in the revitalization of Miami Beach by complementing other public and
private neighborhood revitalization efforts.
Preliminary Application
Applicants must carefully complete the preliminary application which requires that
substantial] information and documentation be gathered and submitted. This includes the
following information:
0 Signed two years personal Income Tax Returns with Forms W-2;
0 Verification of Employment -- most recent pay stubs;
0 Last 12 months rental payment receipts or cancelled checks;
0 Last 3 months bank statements -- Savings, Checking, Loans;
0 Divorce Decree and Property Settlement Agreement, if applicable;
0 Most recent statements of monthly consumer debt, including credit cards;
0 Verification of citizenship or legal residence;
0 Signed information disclosure.
Program Funding Assistance
City of Miami Beach, Metro -Dade County Office of Community Development and
Housing and Community Development Division Department of Special Housing Programs
Community Development Advisory Committee Documentary Surtax Advisory Board
U.S. Department of HUD - CDBG & HOME Programs State of Flonda Housing Finance Agency
Miami Beach Development Corporation
1205 Drexel Avenue, Miami Beach, Florida 33139
Telephone /305/ 538-0090 - FAX 538-2863
Program Description
Eligibility of Applicants
This program is available to families that cam no more than 80% of the Dade County median
income level adjusted for family size. Additional assistance may be available to very low income
families, earning less than 50% of median income.
Applicants must be first time home buyers
purchasing the property as principal residence.
Applicants will be considered first time home
Family
buyers if they have not owned a home during
Size
the 3-year period before participation in this
program. Special exceptions enable
I
participation in the program by displaced
2
homemakers, single parents and the owners of
detached dwellings and other property not in
3
compliance with applicable building codes.
4
Applicants must demonstrate steady
5
employment or other means of stable income as
well as an acceptable credit history. Purchasers
6
may also be required to meet standard ratios of
7
debt to income: no more than 28% of income
8
for housing costs and no more than 36% of
income for housing and all other debt.
Family Income
Limits
50 % of
80% of
Median Income
Median Income
$15,600
$25,000
$17,850
$28,550
$20,050
$32,100
$22,300
$35,700
$24,100
$38,550
$25,850
$41,400
$27,650
$44,250
$29,450
$47,100
Property Requirements
Eligible properties include one, two,
or three bedroom single family houses, condominium
units, and attached town houses located within
the City of Miami Beach.
Some funding sources may require that
Maximum Surtax and HOME
property be located in the South Beach or North
Subsidy Per Unit
Beach Community Development Target Areas.
South Beach includes the area south of 23rd Street
Bedroom Surtax HOME
to Government Cut, from the Ocean to the Bay.
Units Maximum Maximum
North Beach includes the area from 63rd Street
0 $ 58,764
north to 88th Street, from the Ocean to the Bay.
1 $ 27,500 $ 67,361
Properties assisted by the federal HOME
program may not exceed the FHA 203(b) limit for
2 $ 33,000 $ 81,911
Dade County, currently $112,350. The Maximum
3 $ 38,500 $ 105,964
HOME Subsidy is based upon the number of
4 $44,000 $ 116,316
bedrooms. Maximum purchase price of housing
assisted by the Dade Surtax Program is $92,000.
Properties are inspected by government
funding agencies to assure they meet structural
and other applicable housing standards. The
contract purchase price to be paid by the applicant may not exceed the property appraisal.
Forms of Assistance
Training & counseling
MBDC provides homeownership training
and counseling to prospective first time home
buyers intended to assist and prepare them for
the acquisition and ownership of a home.
Staff of the organization provides useful
information in identifying affordable property,
securing financing and preparing for the
property acquisition.
MBDC is able to assist a qualified home
buyer to obtain commercial financing,
advantageous second mortgage funding from
the Metro -Dade County Documentary Surtax
Program, and in some instances additional
deferred loans and in some cases grants from
the HOW, programs of Metro -Dade County
and the City of Miami Beach. MBDC is seeks
program support and assistance from such
other programs as the State of Florida, State
Housing Incentive Program and Metro -Dade
County Housing Finance Agency.
A number of community banks and
financial lending organizations are
participating in the program by facilitating
access to the commercial market first
mortgages that make the program possible.
Loans and Grants
Metro -Dade County Documentary
Surtax funds enable the Homeownership
Assistance Loan Program to make up the
difference between what the homebuyer can
afford and the cost of the home, with a
required down payment of three to five
percent of the purchase price. The amount of
assistance is determined by household income,
family size and number of bedrooms of the
home being purchased. At a rate of three or
six percent -- depending on income -- the loan
is structured with graduated payments
beginning as low as $25 or $50 monthly.
The City of Miami Beach and Metro -
Dade County may make added funds available
from the HOME Investment Partnership
Program of the U.S, Department of HUD
which may supplement or replace the
County's Surtax funds. Such assistance may
be structured in the following ways;
grant or deferred second mortgage loan for
all or a portion of the down payment;
grant to pay a portion of closing costs;
subsidizing purchase prices with grants or
deferred loans; and
interest subsidies to reduce carrying costs,
Initial Transaction and Subsequent Sate
MBDC enters into a Contract to Buy the selected property from the Seller and assigns that
Contract to the participating First Time Home Buyer. The sales price to the program participant
is structured to include the cost of acquisition, the cost of repairs and renovations and customary
closing costs. The participating Home Buyer takes title to the property subject to purchase
financing and other long-term affordability requirements.
Various requirements will pertain when the Home Buyer sells the property. The Metro -Dade
Documentary Surtax Program loans are required to be repaid to the County upon such
subsequent sale of the property. The HOME Program long-term affordability requirements may
necessitate the repayment of HOME funds or a prorate share of HOW funds based upon the
time the homeowner has owned and occupied the unit measured against the required affordability
period. These requirements are enforced by deed restriction, covenants or the terms of applicable
mortgage documents. MBDC, to assure the long term affordability of housing in Miami Beach
neighborhoods, may require a right of first refusal to purchase the property prior to resale.
Miami Beach Development Corporation
Miami Beach Development is the neighborhood community development agency committed
to revitalization, preservation and promotion of the Art Deco District, South Pointe and all of
south Miami Beach. MBDC serves as the management, marketing, economic development and
advocacy planning agency for South Beach and its Art Deco District.
Founded in 1981 by the Miami Design Preservation League, MBDC embraces the values of
revitalization, preservation, community empowerment and ombudsmanship. MBDC's mandate is
to work on sometimes competing demands of revitalization, preservation and community
development. MBDC seeks to act in a spirit of facilitation and collaboration, with a view towards
promoting the common good of the full Miami Beach community.
MBDC works as the neighborhood's catalyst with private developers, businesses, residents,
local groups and government agencies to attract investment, encourage tourism, support business
development and create new jobs. MBDC also works to mediate growth and advocate
preservation of the historical and architectural endowment of South Beach, promote residential
quality of life, increase homeownership, develop affordable housing, enable community input and
to strengthen and preserve a rooted heterogeneous neighborhood.
EXHIBIT B
BUDGET
SCATTERED SITE HOME OWNERSHIP PROGRAM
$400,000
17
BUDGET
Total amount of HOME funds: $400,000
Type of Loan: Deferred Mortgage due on Sale
DISTRIBUTION OF FUNDS
# of T nits $/Unit $_Amount
20 $20,000 $400,000
Project Specific assistance to CHDO: Ten (10) percent of such funding, $40,000, shall be made
available for (a) Project -specific technical assistance and site control loans, and (b) Project.
specific seed money loans in accordance with 24 CFR 92,300 and 92,301.
EXHIBIT C
HOME PER -UNIT SUBSIDY LIMITS
18
HOME PROGRAM MAXIMUM PER -UNIT SUBSIDY LIMITS
The current high cost subsidy limits for the City of Miami Beach are as follows:
0- Bedroom• $58,764
1- Bedroom $67,361
2- Bedroom $81,911
3- Bedroom $105,964
4- Bedroom $116,316
` 0-bedroom includes efficiency units and single room occupancy (SRO) units
19
EXHIBIT D
DISABILITY DISCRIMINATION AFFADAVIT
20
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACTR.EFERENCE—HO-EF—,PROGRAM_f.HDD.4CATTFRFD—S.TE.. Ht1MF UUERCHIP PROGRAM
MIAMI BEACH DEVELOPMENT
NAME OF FIRM, CORPORATION, Oil ORGANIZATIONrON
AUTFIORIZEDAGENT COMPLETINGAFFIDAVIT: Denis A. Russ
POSITION_.Lrre T _. PHON'ENUM8ER{-&O},.-gB_GD9-Q
Denis A. Russ
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 cf programs and services, transportation, communications, access to
facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101.
12213 and 47 U.S.C. Sections 215 and 611 including Title 1, Employment; Title II, Public Services; -Cuie
III, Public Accommodations and Services Operated by Private Entitles; 'Title IV, Telecommunications; and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794,
The Federal Transit Act, as amended: 49 U.S.C. Section 1612
The Fair Housing Act as amended: 42 U.S.C. Section 3601 -
SUBSCR18FI) AND SWORN TO (or afi'cunrA) before me on
,
,--- _ () "- HrJ he is per to me or has
by E N t ,.% r (Date)
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pppp "���
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(Prop or Stamp Name of N many)) {E\pnation Date)
Notary Poblic -(tell.-Q d•�Y �h.t (Stale)
Notary Seal
The City or Miami Beach will not award a cenhvct to any Finn, corporation or organlzoHon that rails to complere and submit this
41[da,n1 with the finn,co;'porm;nn or organaatian's bid or proposal or fails to ha,-c I t,& Affidacit on file u$tt the City of Minna
Beach.
OPERATING AGREEMENT
THIS AGREEMENT, entered into this 20chday ofDecember1995 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, a not -for -profit Florida corporation, with offices located at
1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBDC).
WITNESSETH:
WHEREAS, The City has been designated by the United States Department of Housing
and Urban Development (HUD) as a participating jurisdiction for the receipt of funds as provided
under the HOME Investment Partnerships Program under 24 CFR 92; and
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) for the purpose of conducting an affordable housing
program with federal financial assistance under the HOME Investment Partnerships Program;
and
WHEREAS, the City has determined the necessity for providing affordable housing in
Miami Beach through its Consolidated Plan, which was adopted by City of Miami Beach
Resolution No. 95-21670, on July 26, 1995; and
WHEREAS, the Mayor and City Commission, by Resolution No. 93-20756, designated
MBDC as a qualified Community Housing Development Organization (CHDO) under the HOME
Investment Partnerships Program; and
WHEREAS, MBDC certifies that it possesses the legal authority to enter into this
Agreement, by way of a resolution, motion, or similar action that has been duly adopted or
passed as an official act of the MBDC governing body, authorizing the execution of this
Agreement, including all understandings and assurances contained herein, and authorizing the
person identified as the official representative of MBDC to act in connection with this
Agreement and to provide such additional information as may be required.
NOW, THEREFORE, in consideration of the 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 92, as amended.
(b) HUD: United States Department of Housing and Urban Development or any successor
agency.
(c) CHDO: Community Housing Development Organization as defined in the HOME
Investment Partnerships Program, 24 CFR Part 92, as amended.
(d) Funds: HOME Program funds.
(a) Operating Expenses: Such costs include salaries, wages, and other employee
compensation and benefits; employee education, training, and travel; rent; utilities;
communication costs; taxes; insurance; and equipment, materials and supplies.
(f) Terms defined in the HOME Investment Partnerships Program Consolidated Rule, 24 CFR
92, July 12, 1995, 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.
ARTICLE 11
BUDGET AND Srnpr OF SERVICE
The City will provide Sixty Thousand Six Hundred Dollars ($60,600) (the Funds), from
its fiscal year 1995 HOME allocation to MBDC to be used for eligible operating expenses relative
to CHDO activities in accordance with Exhibit "A", Scope of Services and Exhibit "B", Operating
Budget, attached hereto and incorporated herein by reference. The funds will be used solely
to pay reasonable and necessary costs for the operation of the CHDO acting in its capacity as
a CHDO under the HOME Program.
ARTICLE III
MBDC agrees that any program income generated from the use of HOME funds under
this Agreement, after making all debt repayments to the City (or other lender) if any, is to be
used by MBDC to further other affordable housing activities as defined in 24 CFR Part 92.
ARTICLE IV
CPEPIAL PROVISIONS APPI I AB TO F INDC PROVIDED UNDER THE HOME PROGRAM
MBDC expressly agrees to the following terms and conditions in conformity with 24 CFR
Part 92:
(a) The Funds shall be subject to all of the terms and conditions of the HOME Program,
24 CFR Part 92, and any amendments thereto.
(b) It anticipates commitment of CHDO set aside funds from the City within two months
of receipt of CHDO operating funds pursuant to this Agreement, and will execute specific CHDO
Project Agreement(s) with the City for the set aside funds within six months of the execution
of an Agreement reserving CHDO project funds.
(c) It maintains a financial management system that conforms to the financial
accountability standards of Attachment F of OMB Circular A-110.
(d) Affirmative Marketing MBDC agrees to adopt written affirmative marketing
procedures and requirements for HOME -assisted housing containing five or more housing units
as set forth in 24 CFR 92.351.
(a) CHDO Gnpah'Ihiee, MBDC as a CHDO agrees to either develop, sponsor or own the
HOME assisted projects and in any of these capacities it must have effective management
control.
if) Change in Stat MBDC agrees to advise the City in writing within thirty (30) days,
of any organizational, operational, or legal status changes made by MBDC that affect
documents that were submitted by MBDC to obtain CHDO status.
ARTICLE V
F1 lAtAI F rnqTS
MBDC agrees that eligible costs for the projects under this Agreement are limited to
those eligible costs for operating expenses as outlined in 24 CFR 92.206 of the HOME Program
regulations and as defined herein Article I. It is expressly understood and agreed that the total
compensation to be paid hereunder for actual expenditures incurred shall not exceed Sixty
Thousand Six Hundred Dollars ($60,600) of FY 1995 HOME funds. Such funds must be
expended during the term of this Agreement and any remaining balance of funds shall revert
to the City.
ARTICLE VI
METHOD OF PAYMENT
MBDC shall be paid as described below
(1) MBDC shall be paid for eligible costs, permitted under the Scope of Services based on
actual costs, with supportive documentation for expenses that are considered reasonable and
necessary and approved by MBDC's authorized representative. MBDC shall be paid only for
those expenditures contained within Exhibit "B" Budget to this Agreement as it may be revised
with the prior approval of the City. Documentation shall include, but not be limited to, the
following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement.
b. A system of allocation that will assure reliable cost measurements and customary
service delivery costs.
c. Time sheets for split -funded employees, who work on more than one activity, in
order to record the HOME activity delivery cost by project and the non -HOME related charges.
(2) Requests for payment shall be assembled by calendar month and received by the City
no later than the 10th day of the succeeding month. Failure to comply may result in rejection
of invoices. In no event shall the City provide advance HOME funding to MBDC nor shall MBDC
advance HOME funds to any party.
(3) Any payment due under the terms of this Agreement may be withheld pending the
receipt and approval by the City of all reports and documents which MBDC is required to submit
to the City pursuant to the terms of this Agreement or any amendments thereto.
(4) No payments will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with the City.
(5) MBDC understands and agrees that disbursement request 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.
ARTICLE VII
(a) MBDC agrees that none of the work or services covered by this Agreement, including
but not limited to consultant work or services, shall be subcontracted or reimbursed without
the prior written approval of the City.
(b) MBDC agrees to include in the subcontract that the subcontractor shall hold the City
harmless against all claims of whatever nature arising out of the subcontractor's performance
of work under this Agreement to the extent allowed by law.
(c) If MBDC subcontracts, a copy of the executed subcontract must be forwarded to the
City within ten (10) days after execution.
ARTICLE VIII
CONDITIONS OF CERVICES
(a) As a condition of these services, MBDC agrees to comply with the regulations of the
HOME Program and any Amendments thereto as stated in 24 CFR Part 92.
(b) MBDC agrees to comply with the requirements of Executive Orders 11625 and 12432
concerning Minority Business Enterprise and 12138 Women's Business Enterprise which
encourage the use of minority and women's business enterprises in connection with HOME -
funded activities.
(c) MBDC agrees to abide by and comply with the requirements under Section 1352, Title
31, U.S. Code regarding Lobbying.
(d) MBDC agrees to abide by and comply with the requirements of 24 CFR Part 24,
regarding debarment and suspension, which in part states that neither it or its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this covered transaction in any proposal submitted in connection
with the lower tier transactions.
(e) MBDC must comply with the Displacement, Relocation, and Acquisition requirements
in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(f) MBDC agrees to abide by and be governed by the Equal Opportunity and Fair Housing
laws:
(1) Equal Opportunity: No person in the United States shall on the grounds of race,
color, national origin, religion, disability or sex be excluded from participation in, be denied the
benefits of or be subjected to discrimination under any program or activity funded in whole or
in part with HOME funds.
(2) Fair Housing AM (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part
100, Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958-1963
Comp., P 307) Equal Opportunity in Housing and Implementing regulations at 24 CFR Part 107
and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) Non Discrimination in Federally
Assisted Programs and implementing regulations issued at 24 CFR Part I;
(3) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations of 24 CFR Part
146, and the prohibitions against disabled individuals under the Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 and
Title II of the American with Disabilities Act, Public Law 101-336;
(4) The requirements of Executive Order 11246 (3 CFR 1964-65, Comp., P339) Equal
Opportunity and the implementing regulations issued at (4 CFR Chapter 60);
(5) The requirements of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701u) the purpose of which is to insure that the employment and other economic
opportunities generated by Federal financial assistance for housing and community development
programs shall, to the greatest extent feasible, be directed toward low- and very -low income
persons, particularly those who are recipients of government assistance for housing.
(g) MBDC agrees to comply with the Lead Based Point Poisoning Prevention Act.(42 U.S.C.
4821, et)
(h) MBDC must comply with the Federal Labor Standards Provisions, as described in HUD
Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs), as applicable.
ARTICLE IX
TERM OF ArRFF_MENT
This Agreement shall become effective on October 1, 1995 and shall continue until
September 30, 1996.
ARTICLE X
TERMINATION
The City and MBDC agree that this Agreement may be terminated in whole or in part,
for cause, (as more specifically defined in Article XXVI herein) or for convenience, in
accordance with the provisions of 24 CFR, Part 85.44. A written notification shall be required
at least thirty (30) days prior to the effective date of such termination, and shall include the
reason for the termination (if for cause), the effective date, and in the case of a partial
termination, the actual portion to be terminated. Notwithstanding the language set forth
herein, the City's reasons for terminating the Agreement for convenience, in whole or in part,
shall not be arbitrary or capricious.
ARTICLE XI
AMENDMENTc
Any amendments, alterations, variations, modifications or waivers of any provisions to
this Agreement, including an increased allocation of funds, will only be valid when they have
been produced in writing and duly signed the both parties hereto. Any changes which do not
substantially change the Scope of Services or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Administration
and MBDC.
ARTICLE XII
CONFLICT OF INTEREST
(a) MBDC shall comply with the standards contained within 24 CFR Part 92.356(2).
(b) MBDC shall disclose any possible conflicts of interest or apparent improprieties of any
party that is covered by the above standards. MBDC shall make such disclosure in writing to
the City immediately upon MBDC's discovery of such possible conflict. The City will then
render an opinion which shall be binding on all parties.
(c) Ralaterl parries. MBDC shall report to the City the name, purpose, and any other
relevant information in connection with any related -party transaction. This includes, but is not
limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with
overlapping boards of directors, and an organization for with MBDC is responsible for appointing
memberships. MBDC shall report this information to the City upon forming the relationship or
if already formed, shall report it immediately. Any supplemental information shall be reported
in the City required Progress Report.
ARTICLE XIII
INDEMNIFI ATInN AND INCLRANCE
MBDC, 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 MBDC or any other person entering upon MBDC's place
of business. MBDC, through its insurance carrier, shall pay all claims and losses of any nature
whatsoever in connection therewith and shall defend all suits in the name of the City, when
applicable, and shall pay all costs and judgements which may issue thereon.
MBDC, through an insurance carrier, shall provide a General Liability Policy with
coverage for Bodily Injury and Property Damage, in the amount of $500,000 per occurrence
(the policy must include coverage for contractual liability to cover the above indemnification):
and the City of Miami Beach shall be named as an additional insured followed by the statement:
"The coverage is primary to all other coverage carried by the City covering this specific
agreement only." MBDC 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.
MBDC shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk Manager prior to the release
of any funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the City's Risk
Manager within thirty (30) days after the execution of this Agreement, this Agreement shall
become null and void, and the City shall have no obligation under the terms thereof unless a
written extension of this thirty (30) day requirement is secured from the Risk Manager.
ARTICLE XIV
REPORTS
(1) Pmnre, Reports. MBDC agrees to submit monthly status reports which shall describe
the progress made by MBDC in achieving each of the objectives identified in Exhibit "A" Scope
of Services. The Progress Report shall be submitted no later than 10 days after the end of each
month. It will be the responsibility of MBDC to notify the City in writing, of any actions, law,
or event, that will impede or hinder the success of the activities contemplated by this
Agreement. After such notification the City will take whatever actions it deems appropriate
to ensure the success of the program.
(2) Annual Report. MBDC shall submit a cumulative status report (hereinafter referred to
as "Annual Report") which shall describe the progress made by MBDC in achieving each of the
objectives identified in Exhibit "A" during the previous year. The "Annual Report" reporting
period covers a twelve (12) month period beginning October 1, 1995 and ending September
30, 1996, and shall be received by the City by October 15, 1996.
(3) Other reports as may be required by the City to demonstrate compliance with any of the
terms of this Agreement.
If the required reports described above are not submitted to the City or are not
completed in the manner acceptable to the City, the City may withhold further payments until
they are completed or may take any other action as the City may deem appropriate.
ARTICLE XV
AUDIT AND INSPECTIONS
At any time during normal business hours and as often as the City Administration and/or
the comptroller of the United States may deem necessary, there shall be made available to the
City Administration and/or representatives of the comptroller to audit, examine and make audits
of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement. If during the course of a
monitoring, the City determines that any payments made to MBDC do not constitute an
allowable expenditure, the City will have the right to deduct/reduce those amounts from their
related invoices. MBDC must maintain records necessary to document compliance with the
provisions of this Agreement.
ARTICLE XVI
STATE AND FEDFRAI REGULATIONS
MBDC agrees to comply with all applicable Federal regulations as they may apply to
program administration. Additionally, MBDC will comply with all State and local laws and
ordinances hereto applicable.
ARTICLE XVII
ADDITIONAL CONDITIONS
(a) It is expressly understood and agreed by the parties hereto that moneys
contemplated by this Agreement, to be used for the compensation, originated from grants
under the HOME Program and is contingent upon approval of activities by the United States
Department of Housing and Urban Development.
(b) Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
(c) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
ARTICLE XVIII
AMCC TO RECORDS
MBDC, 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. MBDC 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
SEVERARILITY 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
PRO I CF_T PHRI CITY
MBDC 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 Housing and Community
Development Division of the Development, Design and Historic Preservation Services
Department and the entity which provided funds for the Project.
ARTICLE XXI
DR I •/A COHO
MBDC agrees to administer in good faith, a policy to ensure that MBDC complies with
the Drug -Free Workplace Act required under 24 CFR Part 24, Subpart F and will establish a
policy to ensure that it's assisted projects are free from illegal use, possession or distribution
of drugs or alcohol by it's beneficiaries.
ARTICLE XXII
NONDE FGARLE
MBDC 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
SIMUSSORS AND ASSIGNS
MBDC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBDC 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
ACCI_y GNMENT
This Agreement may not be assigned or transferred by MBDC without the prior written
consent of the City thereto. It shall be deemed a default of this Agreement in the event that
MBDC 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 MBDC transfers an interest of more than one (t %) percent ownership in its stock by
pledge, sale, or otherwise; or if MBDC makes an assignment for the benefit of its creditors, or
uses this Agreement as security or collateral for any loan; or if MBDC 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
MBDC, shall be deemed an assignment of this Agreement and will require the prior written
consent of the City thereto.
ARTICLE XXVI
FVVENTS OF FF Alq T
The City may place MBDC in default of this Agreement and may suspend or terminate
this Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause" shall
include the following:
(a) Failure to comply and/or perform in accordance with any of the terms and
conditions of this Agreement, or any Federal, State or local regulation;
(b) Submitting any required report to the City which is late, incorrect, or incomplete
in any material respect after notice and reasonable opportunity to cure, as set
forth in subparagraph IN hereof, has been given by the City to MBDC;
(c) Implementation of this Agreement, for any reason is rendered impossible or
infeasible;
(d) Failure to respond in writing within thirty (30) days of notice of same from City
to any concerns raised by the City, including providing substantiating
documentation when requested by the City;
(a) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of projects) under this Agreement, or any violation of applicable HUD
rules and regulations;
(f) MBDC's insolvency or bankruptcy;
W An assignment or transfer of this Agreement or any interest therein which does
not comply with the procedures set forth in Article XXV herein;
(h) Failure to comply and/or perform in accordance with the
affordability requirements, and/or an unauthorized transfer of title
to it's HOME Projects.
In the event of a default the City may, thirty (30) days after mailing to MBDC a notice
of such default as set forth herein, automatically cancel and terminate this Agreement without
liability to any party to this Agreement. If the default complained of is not fully and
satisfactorily cured within thirty (30) days of MBDCs' receipt of such notice of default to
MBDC, at the expiration of said thirty (30) day period for such additional period of time (as
10
permitted by the City, in its sole discretion) as required to cure such default in the event MBDC
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.
ARTICLE XXVII
ADDITIONAL REMEDIES
In the event of a default, the City shall additionally be entitled to bring any and all legal
and/or equitable actions which it deems to be in its best interest, in Dade County, Florida, in
order to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXVIII
MAINTENANCE AND RETENTION OF RECORDS
MBDC agrees that it will maintain all records required pursuant to 24 CFR Part 92, in an
orderly fashion in a readily accessible, permanent and secured location, and that it will prepare
and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(1) Records shall be maintained for a period of four (4) years after the closeout of funds
under this Agreement except as provided herein (2). (3) and (4).
(2) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
paragraph 0 ), whichever is later;
(3) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for three years after the required period of affordability;
(4) Records covering displacements and acquisition must be retained for at least three years
after the date by which the persons displaced from the property and all persons whose property
is acquired for the project have received the final payment to which they are entitled in
accordance with 24 CFR 92.353.
ARTICLE XXIX
I IMITATION 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
$60,600.00. MBDC hereby expresses its willingness to enter into this Agreement with MBDCs
11
recovery from the City for any damage action for breach of contract to be limited to a
maximum amount of $60,600.00. Accordingly, and notwithstanding any other term or
condition of this Agreement, MBDC hereby agrees that the City shall not be liable to MBDC for
damages in an amount in excess of $60,600.00, for any action or claim for breach of contract
arising out of the performance or non-performance of any obligations imposed upon the City
by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon the City's liability as set forth
in Florida Statutes, Section 768.26.
ARTICLE XXX
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 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 matter related thereto. In that regard, the parties
shall mutually select an arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the
award rendered may be entered into any court having jurisdiction, or application maybe 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 thereof,
including any controversy or claim relating t0 the right to specific performance shall be settled
by litigation and not arbitration.
It is expressly understood and agreed by the parties hereto that monies contemplated
by this Agreement to be used for the compensation, originated from grants of federal HOME
Investment Partnerships Program funds, and must be implemented with all of the applicable
rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly
understood and agreed that in the event of curtailment or non -production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will
not be available and that this Agreement will thereby terminate effective as of the time it is
determined that said funds are no longer available. In the event of such determination, MBDC
agrees that it will not look to, nor seek to hold liable, the City or any individual member of the
City Commission thereof, personally for the performance of this Agreement and all parties
hereto shall be released from further liability each to the other under the terms of this
Agreement.
ARTICLE XXXII
ACCESSIBIL1TYlArxre r apt IANCE
MBDC agrees to adhere to and be governed by all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision
of programs and services, transportation, communications, access to facilities, renovations, and
new construction:
12
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C.
12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II,
Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title
IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
MBDC must complete and submit the City's Disability Non -Discrimination Affidavit (Affidavit),
a copy of which is attached hereto and incorporated herein as Exhibit "C". In the event MBDC
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 MBDC 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, MBDC shall
not be relieved of liability to the City for damages sustained by the City by virtue of MBDC's
breach of the Agreement.
ARTICLE XXXIII
NOTICES
All notices shall be sent to the parties at the following addresses, with copies to the
Office of the City Attorney:
City: Shirley Taylor-Prakelt, Director
Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
13
with copies to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
MBDC: Denis Russ, President
Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
The above parties may change such addresses at any time upon giving the other party
written notification. All notices under this Agreement must be in writing and shall be deemed
to be served when delivered to the address of the addressee. All notices served by mail shall
be registered mail, return -receipt requested.
IN WITNESS WHEREOF, MBDC has caused this Agreement to be executed by
its duly authorized officiallsl, and the City has caused this Agreement to be executed by its
duly authorized officerlsl, the day and year first above written.
ATTEST
y Clerk
MIAMI BEACH DEVELO ENT CORPORATION
A FLORIDA, NOT-FO - ROF T CORPORATION
enis Russ, President
14
FORM APIPROV'r)
LEGAL DEI I.
By
Date3/�s__- .
EXHIBIT A
SCOPE OF SERVICES
15
Miami Beach Development Corporation
CHDO OperatinE Expense
Section 92.205 Eligible CHDO Operating Expense and Capacity Building Costs.
(a) Up to 5 per cent of a participatngjurisdiction's fiscal year HOME _
allocation may be used for the operating expenses of community housing
development organizations (CHDOs)_ _ _ . [HOME Investment Partnerships
Program, Consolidated Interim Rule, 24 CFR Part 92, July 12, 1995.1
Scope of Services
Maintain eligibility of ivIBDC as a qualifying CHDO.
Elicit input from the community, particularly from low-income program
beneficiaries, in decisions regarding design, citing, development and
management of affordable housing projects.
Undertake the development of appropriate affordable housing strategies
and programs.
Develop project- specific plans to implement such programs
Identify additional fundingresourcesavailable to implement housing
initiatives, including grant resources, mortgages and other finding.
Plan and develop affordable housing initiatives, including rental housing
and ownership housing for first time home buyers, low-income families and
residents of Miami Beach with soecial needs. - --
EXHIBIT B
BUDGET
16
Operating Grant Budgets
October 1, 1995 to September 30, 1996
CMBCHDO
OPERAHN
CMB Commercial Revdalizat. 0
CMS Scattered Sires Aoquis. O
CMB Scattered Sites Dispos. 0
CMB Multi -Family Rehab. 0
CMB RAIN Mothers Assist. 0
CMB CDBG Gram Income 0
Other Gram income
Metro CDBG—Com Rev
0
Metro CDSG—Howling
0
Metro CHOO Operating
0
CM8 HOME Housing Program
(60,600)
Dade Community Foundation
0
CMB General Fund TMA Grant
0
Fla.Dept. of Transportation TMA
0
Private Sector Donation
0
MDPL Historic Pros. Officer
0
Ocean Drive Mgnim District
0
Washington Avenue Mgmm Dist.
0
Ocean Drive District Support
0
Washington Avenue District Support
0
South Beach Marketing Support
0
TOTAL GRANT INCOME
(60,600)
EXPENDITURES
Direct Salary Costs
Executive Director
6,500
Commercial Revitarm. Coordinator
0
Commercial Revbliz. Specialist
0
Secretary
0
Housing Coordinator
3,500
Housing Officer
5,000
Housing Offieer 2
2,000
Housing Sec'y/Intake Clerk
2,000
Direct Salary Increases
1,105
Total Direct Salary Costs
20,105
Other Direct Costs
Rehabilitation Cost 0
Ocean Drive Management Expenses 0
Ocean Drive Associated Overhead 0
Ocean Drive Security 0
Ocean Drive Sanitation 0
ODA Park Maintenance and Signs 0
Ocean Drive Marketing & Events 0
Wa~on Avenue Mgmnt Expense 0
Washington Avenue Assoc.Overhead 0
Washington Avenue Security 0
Washington Avenue Sanitation 0
WAA Landscape and Maintenance 0
Washington Ave. Marketing & Events 0
RAIN Mothers Personnet Expenses 0
RAIN Mothers Food Vouchers 0
RAIN Mothers Medical Vouchers 0
RAIN Mothers Housing Vouchers 0
Total Other Direct Costs 0
Total Direct Costs 20,105
Miami Beach Development Corporation
Allocable Costs
Salaries
Executive Director
6,000
Offmi Manager
1,700
MIS
3,000
Comptroller
0
Other Payroll
2,000
Allocable Salary Increases
448
Total Atiocabte Salaries
13,148
Fringe Benefits
Federal Payroll Tax
2,544
Unemployment Tax
513
Workmen' Compensation
407
Health insurance
3,490
Other Fringe Senefits
965
Total Fringe Benefds
7,920
Total Allocable personnel Costs
21,068
Contract Costs
Audit
3,500
Total Contract Cost:
3,500
Travel and Transportation
Travel Seminars and Conferences
467
Local Transportation
467
Total Travel and Transportation
934
Space Rental
Dike Space Rental
6,093
Total Rental Expense
6,093
Occupancy Costs
Utilities
621
,factional Supplies and Water
175
Office Equipment
230
Repairs and Maintenance
467
Total Occupancy Costs
1,493
Office Expense
Office Supplies
2,521
Postage and Delivery
1,234
Communication
993
Telephone
467
Long Distance Telephone
0
insurance
1,218
MBDC Meeting Costs
0
Total Office Expense
SA33
Other Costs
Membership and Ones
487
Publication and Subscriptions
487
Total Other Costs
974
Total Allocable Costs
40,495
TOTAL GRANT EXPENSES
60,600
NET GRANT EXPENSES
0
EXHIBIT C
DISABILITY DISCRIMINATION AFFIDAVIT
17
DISABILITY N0NDISC'RINIINATI0N AFFIDAVIT
CONTRACT
NAME OF FIRM, CORPORATION, OR ORGANiZATION-_.,&fZG _i, ._
AUTHORIZED AGENT COMPLETING AFFIDAVIT:
POSITIONS ec+///JJ! _ PHONE NUMBER
I.�V�er�SS 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 pfogiams and services, transportation, commanical ions, access to
facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA). Pub. L. 101-336, 104 Star 327, 42 U.S.C. 12101-
12213 and 47 U-S.C, Sections 225 and 611 including Title 1, Employment; Title B, Public Services; "fitic
III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and
Title V. Miscellaneous Provisions,
The Rehabilitation Act of 197329 U.S-C. Section 794,
The Federal Transit Act, as amended. 49 U, S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-363
i.
Zt
Stgia e
toDate
SUdSCRMCD AND SWORN TO (or affirmed) before me on i a -(o
n (Date)
by �E IV/ /1 . JC,,S �H /Sh¢ is personally knosm to me a has
presented as &ruificarion.
- (T)pe ofidtm&,exmn)
(Snriel Number) J4 lia JPPITH MARSHALL
JUPITN MANSNatL { NY 9CMM&Ap'l Y8. Im85y
• .,.' rAMM1S9pNICC Mfi862 EMPIRNotay Rilke iaii
(Prin g�x /j J{E�piratiar Dale) 9amM mry Mtgry PUENc pnner+atprc
Notary Publio_ d- ,.��-ar.[-Gf-�7,� (Sale) Notary Seal
The City of Munn Beach will not award a contract to any firm, corporation or organization that rails to complete and submit this
Affidavit with the firm, corporation or organization') bid or proposal or fails to hac'e this Atlldar'e on file W ith the City of Mumit
Beach.
AGREEMENT
THIS AGREEMENT, entered into this 20thday ofDecem1,er1995 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, a not -for -profit Florida corporation, with offices located at
1205 Drexel Avenue, Miami Beach, Florida (hereinafter referred to as MBDC).
WITNESSETH:
WHEREAS, the City has been designated by the United States Department of Housing
and Urban Development as a participating jurisdiction for the receipt of funds as provided under
the HOME Investment Partnerships Program under 24 CFR 92; and
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development under the terms of the HOME Program in order to expand the
supply of decent, safe, sanitary and affordable housing within the City, for low and very low
income persons; and
WHEREAS, the City has determined the necessity for providing affordable housing in
Miami Beach through its Consolidated Plan, which was adopted by Resolution No. 95-21670,
on July 26, 1995; and
WHEREAS, the Mayor and City Commission, by Resolution No. 93-20756, designated
MBDC as a qualified Community Housing Development Organization under the HOME
Investment Partnerships Program; and
WHEREAS, MBDC certifies that it possesses the legal authority to enter into this
Agreement, by way of a resolution, motion, or similar action that has been duly adopted or
passed as an official act of the MBDC governing body, authorizing the execution of this
Agreement, including all understandings and assurances contained herein, and authorizing the
person identified as the official representative of MBDC to act in connection with this
Agreement and to provide such additional information as may be required.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
hereto agree as follows:
ARTICLE I
❑EEFINITIONS
As used in this Agreement the terms listed below shall have the following meanings:
la) HOME: HOME Investment Partnerships Program, 24 CFR 92, as amended.
(b) HUD: United States Department of Housing and Urban Development.
(c) CHDO: Community Housing Development Organization as defined in the HOME
Investment Partnerships Program, 24 CFR Part 92, as amended, and CPD Notice 94-02.
(d) Funds: HOME Program funds.
(a) Project -specific technical assistance and site control loans.
(1) HOME funds may be used to provide technical assistance and site control loans
in the early stages of site development for an eligible project. These loans may not exceed
amounts that the City determines to be customary and reasonable project preparation costs
allowable under paragraph (2) below. All costs must be related to a specific eligible project or
projects in which MBDC is acting in its CHDO capacity as an owner, sponsor or developer of
affordable housing under HOME.
(2) Allowable expenses. A loan may be provided to cover project expenses
necessary to determine project feasibility (including costs of an initial feasibility study),
consulting fees, costs of preliminary financial applications, legal fees, architectural fees,
engineering fees, engagement of a development team, site control and title clearance of the
project.
(f) Project -specific seed money loans.
(1) HOME funds may be used to provide loans to cover preconstruction project costs
that the City determines to be customary and reasonable, mcluding, but not limited to the costs
of obtaining firm construction loan commitments, architectural plans and specifications, zoning
approvals, engineering studies, and legal fees for the project.
(2) A project -specific seed money loan may only be provided to MBDC if it has, with
respect to the project concerned, site control (evidenced by a deed, a sales contract, or an
option contract to buy the property), a preliminary financial commitment, and a capable
development team.
(3) Repayment. A loan that is provided to MBDC by the City pursuant to sections
(e) and if) above, must be repaid to the City from construction loan proceeds or other project
income. The City may waive repayment of the loan, in whole or in part, if there are
impediments to project development that the City determines are reasonably beyond the control
of MBDC.
(g) Terms defined in the HOME Investment Partnerships Program Consolidated Interim Rule,
24 CFR 92, July 12, 1995, 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.
ARTICLE 11
BLLDCET AND SCOPE-OF,_SERYICES
MBDC will utilize funds in the amount of $695,194 (the Funds or HOME funds), for the
acquisition and rehabilitation of affordable rental housing and the acquisition, rehabilitation and
disposition of homeownership housing in accordance with the Scope of Services (Exhibit A)
attached hereto.
ARTICLE III
PROGRAM, INNCO-ME
MBDC agrees that any program income generated from the use of the Funds under this
Agreement, after making all debt repayments to the City, or other lender, if any, is to be used
by MBDC to further other affordable housing activities.
ARTICLE IV
CPECA( PRDMISjON"PPLICegt F TO -LiNns PROVIOFO I.�NDER THE_HOMF PROGRAM
MBDC expressly agrees to the following terms and conditions in conformity with 24 CFR
Part 92:
(a) Affordability Period. The period of time HOME assisted units must remain affordable
is in accordance with 24 CFR 92.252 or 24 CFR 92.254 as applicable, or the term of a HUD
insured mortgage, whichever period occurs later. The Funds shall be repaid to the City in the
event the housing does not meet the affordability requirements for the specified time period in
accordance with 24 CFR Part 92.503(b).
(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 of this Agreement) shall be repaid in their entirety if the
HOME units do not meet the affordability requirements for the specified time period, in
accordance with the terms of this Agreement and the Regulations. Any violation of the
affordability requirements may, at the City's option, result in the entire amount of the Funds,
as indicated in Article 11 or as subsequently amended or modified, to be returned and/or
otherwise repaid by MBDC to the City. The City reserves the right to review the affordability
requirements, as set forth herein. Concurrent with its execution of this Agreement and/or any
projects pursuant to this Agreement, MBDC shall execute a Restrictive Covenant incorporating
the terms of this section.
W Rent Limitation. HOME assisted rental units will bear rents in accordance with 24
CFR 92.252.
(d) Rent schedule and utility allowances. In accordance with 24 CFR 92.252(b)(c) and
(d), the City must review and approve rents and the monthly utility allowances Proposed by the
owner. MBDC must reexamine and document the income of each tenant living in the HOME
assisted units at least annually.
(a) It shall comply with all applicable federal regulations as they may apply to
restrictions and limitations regarding real property under MSDC's control acquired or improved
in whole or in part with HOME funds. The Funds shall be subject to all of the terms and
conditions of the HOME Program, 24 CFR Part 92, and any amendments thereto.
(f) 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).
(g) Income Targeting. MBDC shall ensure and maintain written documentation that
conclusively demonstrates that each project assisted in whole or in part with HOME funds
provides benefit to very -low (families whose annual incomes that do not exceed 50 percent of
the median family income for the area) and low-income (families whose annual incomes do not
exceed 80 percent of the median income for the area) as determined by HUD.
N It maintains a financial management system that conforms to the financial
accountability standards of Attachment F of OMB Circular A-110.
(i) Records: It 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 (c) and (d) and Florida
Statutes Chapter 119.
Q) Property Standards. For the duration of this Agreement and any amendments hereto,
housing that is assisted with HOME funds, at a minimum, must meet the Housing Quality
Standards of Section 882.109 of this title. In addition, housing that is newly constructed or
substantially rehabilitated with HOME funds must meet all applicable local codes, rehabilitation
standards, ordinances, and zoning ordinances. Newly constructed housing must meet the
current edition of the Model Energy Code published by the Council of American Building
Officials. Substantially rehabilitated housing must meet the cost effective energy conservation
and effectiveness standards in 24 CFR part 39. The owner of rental housing assisted with
HOME funds will maintain the housing in compliance with the applicable Housing Quality
Standards and local housing code requirements for the duration of this agreement and any
amendments hereto. The City shall conduct annual or bi-annual, as required, site inspections
of rental projects to determine compliance with housing codes
(it) 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 B, as may be
amended from time to time by HUD.
(1) Environmental Clearance. For each activity or project described in Exhibit A hereto,
for which a location has not yet been identified, immediately after a site is identified by MBDC,
MBDC 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.
(m) Affirmative Marketing. MBDC agrees to adopt affirmative marketing procedures and
requirements, in writing, for HOME -assisted housing containing five or more housing units as
set forth in 24 CFR 92.351.
(n) CHDO Capabilities. MBDC, as a CHDO, agrees to either develop, sponsor or own
the HOME assisted projects developed pursuant to this agreement and, in any of these
capacities, it must have effective management control.
(o) Change in Status: MBDC agrees to advise the City in writing within thirty (30) days
of any organizational, operational, or legal status changes made by MBDC that affect
documents that were submitted by MBDC to obtain CHDO status.
(p) Tenant and Participant Protections. MBDC agrees that any lease to be executed
with the tenant of rental housing must be in accordance with 24 CFR 92,253. MBDC agrees
to adhere to and develop a fair lease and grievance procedure which will provide a plan for and
follow a program of tenant participation in management decisions, to be submitted to the City
for approval, no later than 60 days from the date of execution of this Agreement.
(q) Religious organizations. HOME funds may not be provided to primarily religious
organizations, such as churches, 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
(r) Affordable housing: homeownership. Housing that is for purchase qualifies as
affordable housing only if the housing has an initial purchase price or, appraised value after
rehabilitation or repair, that does not exceed 95% of the median purchase price for the type of
single-family housing for the City of Miami Beach, currently $112,350, and subject to change
as determined by HUD; is the principal residence of an owner whose family qualifies as low-
income at the time of purchase; is subject to resale restrictions or recapture provisions
established by the City for the required period of affordability.
ARTICLE V
F1 IGIRI .COSTS
MBDC agrees that eligible costs for the projects under this Agreement are limited to
those eligible costs as outlined in 24 CFR 92.206 of the HOME Program regulations.
ARTICLE VI
METHOD -OF -PAYMENT
(1) MBDC shall be paid for eligible costs, permitted under the Scope of Services (Exhibit A),
based on anticipated or actual costs, with supportive documentation for expenses that are
considered reasonable and necessary and approved by MBDC's authorized representative.
(2) 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 MBDC is required to submit
to the City pursuant to the terms of this Agreement or any amendments thereto.
(3) No payments will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with the City.
(4) MBDC understands and agrees that disbursement request 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.
(5) 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. MBDC shall be required to submit all necessary documentation relative
to the aforestated transactions to the City's Housing and Community Development Division for
review thirty 160) days prior to the disbursement of HOME funds for the individual transactions.
16) Cancellations of projects or site transactions with disbursements: If a project or site
transaction is cancelled, whether voluntarily by MBDC 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 of the date of project or site cancellation.
Project -specific technical assistance and site control loans and seed money loans shall require
repayment in accordance with Article 1, Section (f) (3) herein.
ARTICLE VII
SUBCONTRACTS
(a) MBDC agrees that none of the work or services covered by this Agreement, including
but not limited to consultant work or services, shall be subcontracted or reimbursed without
the prior written approval of the City.
(b) If MBDC subcontracts, a copy of the executed subcontract must be forwarded to the
City within ten (10) days after execution.
(c) MBDC agrees to include in all subcontracts that the subcontractor(s) 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.
ARTICLE Vlll
CONDITIONS -OF -SERVICES
(a) As a condition of these services, MBDC agrees to comply with the regulations of the
HOME Program and any Amendments thereto as stated in 24 CFR Part 92.
(b) M8DC agrees to comply with the requirements of Executive Orders 11625 and 12432
concerning Minority Business Enterprise and 1213E Women's Business Enterprise which
encourage the use of minority and women's business enterprises in connection with HOME -
funded activities.
(c) MBDC agrees to abide by and comply with the requirements under Section 1352, Title
31, U.S. Code regarding Lobbying.
(d) MBDC agrees to abide by and comply with the requirements of 24 CFR Part 24,
regarding debarment and suspension, which in part states that neither it or its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this covered transaction in any proposal submitted in connection
with the lower tier transactions.
(a) MBDC must comply with the Displacement, Relocation, and Acquisition requirements
in accordance with the Uniform Relocation Assistance and Red Property Acquisition Policies
Act of 1970 (URA) (42 U.S.C. 4201-4655) and 49 CFR Part 24.
(f) MBDC agrees to abide by and be governed by the Equal Opportunity and Fair Housing
laws:
(I I Equal Opportunity: No person in the United States shall on the grounds of race,
color, national origin, religion, disability or sex be excluded from participation in, be denied the
benefits of or be subjected to discrimination under any program or activity funded in whole or
in part with HOME funds.
(2) Fair Housing Act (42 U.SC. 3601-20) and implementing regulations at 24 CFR Part
100, Executive Order 11063, as amended by Executive Order 12259 (3 CFR 1958-1963
Comp., P 307) Equal Opportunity in Housing and implementing regulations at 24 CFR Part 107
and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) Non Discrimination in Federally
Assisted Programs and implementing regulations issued at 24 CFR Part 1;
(3) The prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations of 24 CFR Part
146, and the prohibitions against disabled individuals under the Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 and
Title II of the American with Disabilities Act, Public Law 101-336;
(4) The requirements of Executive Order 11246 (3 CFR 1964.65, Comp., P339) Equal
Opportunity and the implementing regulations issued at (4 CFR Chapter 60);
(5) The requirements of Section 3 of the Housing and Urban Development Act of 1968
(12 U.S.C. 1701 u) the purpose of which is to insure that the employment and other economic
opportunities generated by Federal financial assistance for housing and community development
programs shall, to the greatest extent feasible, be directed toward low- and very -low income
persons, particularly those who are recipients of government assistance for housing.
(9) Housing assisted with HOME funds constRutes HUD -associated housing for the purpose
of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821, et seq.) and is, therefore,
subject to 24 CFR 35. MBDC shall be responsible for testing and abetment activities.
(h) MBDC must comply with the Federal Labor Standards Provisions, as described in HUD
Handbook 1344-1 (Federal Labor Standards Compliance in Housing and Community
Development Programs), as applicable.
ARTICLE IX
TERM E ACRFE-MENT
This Agreement shall be deemed effective commencing with the execution of the fund
reservation agreement reserving the Funds, The City and MBDC mutually agree that the Funds
are reserved for MBDC for designated time periods as follows:
(1) Fiscal Year 1995 CHDO 15% required set -aside funds in the amount of $181,800, are
reserved through September 30, 1997 for commitment, as evidenced by a legally binding
written agreement, for eligible HOME affordable housing projects to be developed, sponsored
or owned by MBDC in its capacity as a CHDO. In accordance with 24 CFR Part 92.301, ten
percent (10%). or $18,180, may be used for project -specific technical assistance and site
control loans, and project -specific seed money loans.
(2) Additional CHDO set -aside funds in the amount of $513,394, are reserved for a period
of six (6) months, commencing with the execution of this Agreement reserving the Funds, for
commitment as evidenced by a legally binding written agreement, to HOME affordable housing
projects to be developed, sponsored or owned by MBDC in its capacity as a CHOO. In
accordance with 24 CFR Part 92.301, ten (10) percent, $51,339, may be used for project -
specific technical assistance and site control loans, and project -specific seed money loans.
All HOME funds must be expended in accordance with 24 CFR Part 92.500(d)(3).
ARTICLE X
TERMINATION
The City and MBDC agree that this Agreement may be terminated by the parties in
whole or in part, for cause (as more specifically defined in Article XXVI herein) or for
convenience, in accordance with the provisions of 24 CFR, Part 85.44. A written notification
shall be required at least thirty (30) days prior to the effective date of such termination, and
shall include the reason for the termination (if for cause), the effective date, and in the case of
a partial termination, the actual portion to be terminated. Notwithstanding the language set
forth herein, the City's reasons for terminating the Agreement for convenience, in whole or in
part, shall not be arbitrary or capricious.
ARTICLE XI
AMENDMENTS
Any amendments, alterations, variations, modifications or waivers of any provisions to
this Agreement, including an increased allocation of Funds, will only be valid when they have
been produced in writing and duly signed the both parties hereto. Any changes which do not
substantially change the Scope of Services or increase the total amount payable under this
Agreement, shall be valid only when reduced to writing and signed by the City Manager (or
his designee) and MBDC.
ARTICLE XII
CONFLICT-OFIN_ TEB.EST
(a) MBDC shall comply with the standards contained within 24 CFR Part 92.356(2).
(b) MBDC shall disclose any possible conflicts of interest or apparent improprieties of any party
that is covered by the above standards. MBDC shall make such disclosure in writing to the City
immediately upon MBDC's discovery of such possible conflict. The City will then render an
opinion which shall be binding on all parties.
(c) Relatad Part' o MBDC 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 MBDC is responsible for appointing memberships.
MBDC shall report this information to the City upon forming the relationship or, if already
formed, shall report it immediately. Any supplemental information shall be reported to the City
required Progress Report.
MBDC, shall indemnify and hold harmless the City from any and all claims, liabilities,
losses, and causes of action which may arise out of any act, omission, negligence or
misconduct on the part of MBDC or its efforts, employees, agents and/or invitees. MBDC shall
pay all claims and losses of any nature whatsoever in connection therewith and shall defend
all suits in the name of the City, when applicable, and shall pay all costs and judgements which
may issue thereon.
MBDC shall provide a General Liability Policy with coverage for Bodily Injury and Property
Damage, in the amount of $500,000 per occurrence (The policy must include coverage for
contractual liability to cover the above indemnification): and the City of Miami Beach shalt be
named as an additional insured followed by the statement: "The coverage is primary to all other
coverage carried by the City coveting this specific agreement only." MBDC 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.
MBDC shall submit to the City an ORIGINAL Certificate of Insurance.
All insurance coverage shall be approved by the City's Risk Manager prior to the release
of any Funds under this Agreement.
Further, in the event evidence of such insurance is not forwarded to the City's Risk
Manager within thirty (30) days after the execution of this Agreement, this Agreement shall
become null and void, and the City shall have no obligation under the terms thereof unless a
written extension of this thirty (30) day requirement is secured from the Risk Manager.
ARTICLE XIV
REPORTS
01, Progress deports, MBDC agrees to submit monthly progress reports to the City,
describing the status of each proposed project and achievement of the project objectives as
provided in the Scope of Services, (Exhibit A), attached hereto. The progress reports shall be
submitted no later than ]n. d ,.ays after the end of each month until such time as all Funds are
committed to specific projects.
It will be the responsibility of MBDC to notify the City in writing, of any action, law, or event,
that will impede or hinder the success of the projects and activities as provided in this
Agreement. After such notification the City will take whatever actions it deems appropriate
to ensure the success of the program.
(2)
a. MBDC shall submit to the City for approval the proposed rents for the HOME
units and, if applicable, the monthly allowances for utilities and services to be paid by the
tenant.
b. MBDC shall provide the City with the initial tenant list, and any and all
subsequent updates, amendments and modifications thereto, with documentation for all tenants
in the HOME units confirming family size, income, financial classification, ethnicity, and the
amount of the HOME rent. This report will continue to be required for the full period of
affordability hereunder, beginning on the date of issuance of a Final Certification of Occupancy
for the project,
c. Annually, MBDC shall deliver to the City's Housing and Community
Development Division, by November tat of each calendar year, its signed report in form and
substance acceptable to the City, to include names of tenants, unit type, family size and
income, rents charged, and occupancy/vacancy factor of each unit for the prior fiscal year
(October 1 at through September 30th). The report will continued to be required for the full
period of affordability hereunder beginning on the date of issuance of a Final Certificate of
Occupancy for the project.
(3) Other reports as may be required by the City to demonstrate compliance with any of the
terms of this Agreement.
If the required reports described above are not submitted to the City or are not
completed in the manner acceptable to the City, the City may withhold further payments until
they are completed or may take any other action as the City may deem appropriate.
ARTICLE XV
AUD"ISIO INSPECT10NS
At any time during normal business hours and as often as the City administration and/or
the comptroller of the United States may deem necessary, there shall be made available to the
City administration and/or representatives of the comptroller to audit, examine and make audits
of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment
and other data relating to all matters covered by this Agreement. If during the course of a
monitoring, the City determines that any payments made to MBDC do not constitute an
allowable expenditure, the City will have the right to deduct/reduce those amounts from their
related invoices. MBDC must maintain records necessary to document compliance with the
provisions of this Agreement.
$I JI � W 4 F11, 104*71 IN RE PKIRWIRWHI I ff, I ,. N _ .,
MBDC agrees to comply with all applicable Federal regulations as they may apply to
program administration, Additionally, MBDC will comply with all State and local laws and
ordinances hereto applicable.
10
ARTICLE XVII
ADDITIONAI CONDITIORS
(a) It is expressly understood and agreed by the parties hereto that moneys
contemplated by this Agreement, to be used for compensation, originated from grants under
the HOME Program and are contingent upon approval of activities by the United States
Department of Housing and Urban Development.
(b) Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
(c) In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached document, the terms in this Agreement shall rule.
(d) No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
ARTICLE XVIII
ACCESS TO RECORDS
MBDC, 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. MBDC 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
SEVERAR11 ITV 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
PRO I CT PUBLICITY
MBDC 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 and administered by the Housing and
Community Development Division of the Development, Design and Historic Preservation
Services Department and the entity which provided funds for the Project.
11
ARTICLE XXI
DRIIGIALCOHOL
MBDC agrees to administer in good faith, a policy to ensure that MBDC complies with
the Drug -Free Workplace Act required under 24 CFR Part 24, Subpart F and will establish a
policy to ensure that it's assisted projects are free from illegal use, possession or distribution
of drugs or alcohol by it's beneficiaries.
ARTICLE XXII
NnNDEl EGARL
MBDC 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
MBDC agrees that this Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
ARTICLE XXIV
INDEPENDENT CONTRACTOR
MBDC 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 they 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 MBDC without the prior written
consent of the City thereto. It shall be deemed a default of this Agreement in the event that
MBDC does not strictly comply with the procedures established herein for obtaining City
consent to assignment or transfer as defined by this Article. 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 MBDC. In the event MBDC
transfers an interest of more than one (1 %) percent ownership in its stock by pledge, sale, or
otherwise; or if MBDC makes an assignment for the benefit of its creditors, or uses this
Agreement as security or collateral for any loan; or if MBDC 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 MBDC,
shall be deemed an assignment of this Agreement and will require the prior written consent of
the City thereto.
12
ARTICLE XXVI
EVENTS_F DEFAULT
The City may place MBDC in default of this Agreement and may suspend or terminate
this Agreement in whole or in part for cause, as prescribed in Article X herein. "Cause" shall
include the following:
(a) Failure to comply and/or perform in accordance with any of the terms and
conditions of this Agreement, or any Federal, State or local regulation;
(b) Submitting any required report to the City which is late, incorrect, or incomplete
in any material respect after notice and reasonable opportunity to cure, as set
forth in subparagraph IN hereof, has been given by the City to MBDC;
(c) Implementation of this Agreement, for any reason is rendered impossible or
infeasible;
(d) Failure to respond in writing within thirty (30) days of notice of same from City
to any concerns raised by the City, including providing substantiating
documentation when requested by the City;
(a) Any evidence of fraud, waste or mismanagement as determined by the City's
monitoring of projects) under this Agreement, or any violation of applicable HUD
rules and regulations;
(f) MBDC's insolvency or bankruptcy;
(g) An assignment or transfer of this Agreement or any interest therein which does
not comply with the procedures set forth in Article XXIX herein;
(h) Failure to comply and/or perform in accordance with the
affordability requirements, and/or an unauthorized transfer of title
to it's HOME Projects.
If a default is not fully and satisfactorily cured within thirty (30) days of MBDCs' receipt
of a notice of default by the City, at the expiration of said thirty (30) day period (or such
additional period of time as may be permitted by the City, in its sole discretion, as required to
cure such default in the event MBDC 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.
ARTICLE XXVII
ADDITIONAL REMEDIES
In the event of a default, the City shall additionally be entitled to bring any and all legal
and/or equitable actions which it deems to be in its best interest, in Dade County, Florida, in
13
order to enforce the City's rights and remedies against the defaulting party. The City shall be
entitled to recover all costs of such actions, including reasonable attorney's fees. To the extent
allowed by law, the defaulting party waives its right to jury trial and its right to bring permissive
counterclaims against the City in any such action.
ARTICLE XXVIII
MAINTENANCE AND RETENTION OF_ IECOMS
MBDC agrees that it will maintain all records required pursuant to 24 CFR Part 92, in an
orderly fashion in a readily accessible, permanent and secured location, and that it will prepare
and submit all reports necessary to assist the City in meeting record keeping and reporting
requirements thereunder.
(1) Records shall be maintained for a period of four 14) years after the closeout of funds
under this Agreement except as provided herein (2), (3) and (4).
(2) If any litigation, claim, negotiation, audit or other action has been started before the
regular expiration date, the records must be retained until completion of the action and
resolution of all issues which arise from it, or until the end of the regular period specified in
paragraph (1), whichever is later;
(3) Records regarding project requirements that apply for the duration of the period of
affordability, as well as the written agreement and inspection and monitoring reports must be
retained for three years AFTER the required period of affordability;
(4) Records covering displacements and acquisition must be retained for at least three years
after the date by which the persons displaced from the property and all persons whose property
is acquired for the project have received the final payment to which they are entitled in
accordance with 24 CFR 92.353.
ARTICLE XXIX
LIMITATION- iF__LIABtLQY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
the Funds, less any amount, in whole or in part, of the Funds actually paid to MBDC by the City
at the time of the alleged breach. MBDC hereby expresses its willingness to enter into this
Agreement with MBDC's recovery from the City for any damage action for breach of contract
to be limited to a maximum amount of the Funds, less any amount, in whole or in part, of the
Funds actually paid to MBDC by the City at the time of the alleged breach. Accordingly, and
notwithstanding any other term or condition of this Agreement, MBDC hereby agrees that the
City shall not be liable to MBDC for damages in an amount in excess of the Funds, less any
amount, in whole or in part, of the Funds actually paid to MBDC by the City at the time of the
alleged breach, for any action or claim for breach of contract arising out of the performance or
non-performance of any obligations imposed upon the City by this Agreement. Nothing
contained in this 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.
14
ARTICLE XXX
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 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 matter related thereto. In that regard, the parties
shall mutually select an arbitrator, but to the extent the parties cannot agree upon the
arbitrator, then the American Arbitration Association shall appoint one. Judgement upon the
award rendered may be entered into any court having jurisdiction, or application maybe 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 thereof,
including any controversy or claim relating to the right to specific performance shall be settled
by litigation and not arbitration.
It is expressly understood and agreed by the parties hereto that monies contemplated
by this Agreement to be used for the compensation, originated from grants of federal HOME
Investment Partnerships Program funds, and must be implemented with all of the applicable
rules and regulation of the U.S. Department of Housing and Urban Development. It is expressly
understood and agreed that in the event of curtailment or non -production of said federal grant
funds, that the financial sources necessary to continue to pay the Provider compensation will
not be available and that this Agreement will thereby terminate effective as of the time it is
determined that said funds are no longer available. In the event of such determination, MBDC
agrees that it will not look to, nor seek to hold liable, the City or any individual member of the
City Commission thereof, personally for the performance of this Agreement and all parties
hereto shall be released from further liability each to the other under the terms of this
Agreement.
ARTICLE XXXII
ACCESSIRII ITY LAWS COMPLIANCE
MBDC agrees to adhere to and be governed by all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision
of programs and services, transportation, communications, access to facilities, renovations, and
new construction:
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42
U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I,
Employment; Title II, Public Services; Title III, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
15
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631
MBDC must complete and submit the City's Disability Non -Discrimination Affidavit
(Affidavit), a copy of which is attached hereto and incorporated herein as Exhibit C. In
the event MBDC 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
MBDC 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, MBDC shall not be relieved of liability
to the City for damages sustained by the City by virtue of MBDC's breach of the
Agreement.
ARTICLE XXXIII
NOTIr'FC
All notices shall be sent to the parties at the following addresses, with copies to the
Office of the City Attorney:
City: Shirley Taylor-Prakelt, Director
Housing and Community Development
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
with copies to:
Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
MBDC: Denis Russ, President
Miami Beach Development Corporation
1205 Drexel Avenue
Miami Beach, FL 33139
The above parties may change such addresses at any time upon giving the other party
written notification. All notices under this Agreement must be in writing and shall be deemed
to be served when delivered to the address of the addressee. All notices served by mail shall
be registered mail, return -receipt requested.
16
IN WITNESS WHEREOF, MBDC has caused this Agreement to be executed by its
duly authorized official(s), and the City has caused this Agreement to be executed by its duly
authorized officer(s), the day and year first above written.
ATTEST MIAMI BEACH DEVELO ENT CORPORATION
A FLORIDA NOT-FO OFIT RPORATION
Sec ary enis Russ, President
ATTEST
kize--140
ty Clerk
F: WMU.BUGY95WMPVAGa
17
FORM
ey _
Date
EXHIBIT A
SCOPE OF SERVICES
CHDO FUND RESERVATION
$695,194
it
Miami Beach Development Corporation
CHDO: Reservation of Funds
Scone of Services
The City of Miami Beach will make HOME funds in the amount of $695,194.00 available
for investment in affordable housing to be developed, sponsored or owned by Miami
Beach Development Corporation, which has qualified as a community housing
development organization.
HOME funds shall be used for the acquisition and rehabilitation of affordable rental
housing and the acquisition, rehabilitation and disposition of affordable home ownership
housing.
MBDC shall be entitled to access ten percent of the HOME funds, $69,519,00, for
project specific Technical Assistance and Site Control Loans; Seed Money Loans; and
Project Funding,
Rental Housing. MBDC will acquire and rehabilitate and / or re -configure
existing buildings to make them suitable for use as affordable rental housing.
Home Ownership Housing. MBDC will undertake to develop or sponsor the
acquisition, rehabilitation and disposition of affordable home ownership housing to eligible
participants.
The use of these funds will be programmed in a manner that contributes to the target of
the City of Miami Beach to provide one-third of its HOME funds for each of the following
categories: Home Ownership; Rehabilitation of Housing for the Elderly; and the
Rehabilitation of Other Rental Housing. MBDC shall not undertake the construction of
new housing. MBDC shall comply with the leveraging and rehab costs per unit as may be
required by the HOME program and / or the City of Miami Beach.
Implementation
Site, project and transaction approvals shall be subject to review and approval by the City
Commission of Miami Beach with advice from the Loan Review Committee.
Project -specific technical assistance and site control loans and project -specific seed money
loans shall be made available to MBDC upon the review and approval of the City Manager
or his designee in an amount not to exceed ten percent of the HOME reservation as
hereinafter further described. Such loans shall be repayable from construction loan
proceeds or other project income, except if there are impediments to project development
reasonably beyond the control of MBDC. All earnest money deposits shall be refundable
and subject to inspection and funding contingencies, which will give the City of Miami
Beads and its Loan Review Committee time and opportunity to review each specific
proposed project site and transaction.
Term of Agreement
Total funds in the amount of $695,194 are reserved as follows:
1. Fiscal year 1995 CHDO 15% set -aside in the amount of $181,800 is reserved
until September 30, 1997 for investment in HOME projects to be developed,
sponsored or owned by MBDC in its capacity as a CHDO. In accordance with
24 CFR Part 92.301, ten percent of the funds, $18,180.00, may be used for (a)
project -specific technical assistance and site control loans, and (b) project -
specific seed money loans.
2. A total of $513,394 is reserved for a period of six (6) months, commencing
with the execution of the Fund Reservation Agreement, for investment in
HOME projects to be developed, sponsored or owned by MBDC in its
capacity as a CHDO. 1n accordance with 24 CFR Part 92.301, ten percent of
the funds, $51,339.00, may be used within the six month time frame for (a)
project -specific technical assistance and site control loans, and (b) project -
specific seed money loans.
All HOME funds must be expended in accordance with 24 CFR Part 92.500 (d) (3).
EXHIBIT B
HOME PER -UNIT SUBSIDY LIMITS
The current high cost subsidy limits for the City of Miami Beach are as follows:
0- Bedroom•
$58,764
1- Bedroom
$67,361
2- Bedroom
$81,911
3- Bedroom
$105,964
4- Bedroom
$116,316
• 0-bedroom includes efficiency units and single room occupancy (SRO) units
19
EXHIBIT C
DISABILITY DISCRIMINATION AFFIDAVIT
20
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT
NAME OF FIRM, CORPORATION, OR ORGANIZATION %f'9JC /J
AUTHORIZED AGENT COMPLETING AFFIDAVIT: Axyl-s x /'�!.(sS
POSITION S//% _ PHONE NUMBERJZ ,S3P%GYJ�%
1, �`d//�4 Wass --being being duly first svom 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 riot limited to, those provisions
pertaining to employment, provision of programs and services, transportation, communications, access to
facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-
12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Tine
III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications, and
Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U. S.C. Section 794.
The Federal Transit Act, as amended. 49 U.S.C. Section 1612.
The Fair Housing Act as amended. 42 U.S.C. Section 3601
SUBSCRIBED AND SWORN TO(or affirmed) before me on
tr��l (Dale)
by i I /C /v� I. 1 1 C� �� CH4she is personally knosm to me or has
(Affitnt)
prcuntcd as idemilication.
(T)pe of idcn(ifwoGon)
T7
��,�; =1_1A11,",.A1.1LL®® M6B52Si azureof Nol Serial Number A9()()Milmet m
- ULL t} h
(Pnw or Src,p Name of Namr)) (Ecpiralion Dale)
Notary Public pia (sale) Notary Seal
The City or Miami Beach will not award a contract to any firm, corporation or organization That fails to complete and submit (his
Affidavit Icini the firm, corporation or organonnon's bid or proposal or fails to hacc this AlHdavit on file kith the City of btianu
Beach.