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HomeMy WebLinkAboutBack-Up DocumentsMIAMh�Ir AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES UNIFIED HOMELESS GRANT PROGRAM CONTRACT NUMBER: CHALLENGE GRANT PROGRAM KPO09-1-A AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI CONTRACT NUMBER #: CHALLENGE GRANT PROGRAM KPO09-1-A THIS AGREEMENT (the "Agreement") is made as of by and between Miami -Dade County, through. the Miami -Dade County Homeless Trust ("the County") and The City of Miami, a subrecipient of grant funds to serve homeless individuals, hereinafter referred to as the "Provider." WITNESSETH: WHEREAS, the Count and the Department of Children and Families (DCF) entered into a Unified Homeless Grant Agreement ( UHG Agreement ) which provides funding for Temporary Assistance for Need Families (TANF), Emergency Solutions Grant (ESG), and the Challenge Grant; and WHEREAS, the County is authorized to subcontract for the provision of housing and supportive services for homeless persons, and persons at risk of becoming homeless in Miami -Dade County; and WHEREAS, the Homeless Trust and Citrus Health Network, Inc. developed a proposal to use the ESG funds for Rapid Re -Housing Placement Services and WHEREAS, the provider shall adhere to all terms and conditions imposed on the County as outlined in the original DCF UHG agreement which is herein attached as Attachment A; and WHEREAS, this Agreement provides for certain rights and responsibilities of the County; and WHEREAS, the Agreement allows for amendments at the discretion of the County and the State Office on Homelessness; and NOW, THEREFORE, be it resolved, for and consideration of the mutual agreements between the County and the Provider, which are set forth in this Agreement, the receipt and sufficiency of which are acknowledged, the County and the Provider in this Agreement as follows: ARTICLE 1. OTHER DEFINITIONS The following words and expressions used in this Grant Agreement shall be construed as follows, except when it is clear from the context that another meaning is intended: a) The words "Agreement" "Contract" or "Contract Documents" shall mean collectively these terms and conditions (Attachment A) and the Budget Documents (Attachment B) and all other attachments hereto, as well as all amendments or budget revisions issued hereto. 2 1 P a g e b) The words "Contract Manager" shall mean Miami -Dade County's Director of the Homeless Trust ("County') or the Director's designee, or the duly authorized representative designated to manage the Contract. c) The word "Days" shall mean Calendar Days, unless otherwise specifically noted. d) The word "Deliverables" shall mean all documentation and any items of any nature submitted by the Provider to the County for review and approval pursuant to the terms of this Contract. e) The words "directed", "required", "permitted", "ordered", "designated", "selected", "prescribed" or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the County's Contract Manager; and similarly the words "approved", acceptable", "satisfactory", "equal", "necessary", or words of like import to mean respectively, approved by, or acceptable or satisfactory to, equal or necessary in the sole discretion of the County's Contract Manager. f) The words "Effective Term" shall mean the date on which this Contract is effective, including start date and end date. g) The words "Extra Work" or "Change Order" or "Additional Work" shall mean resulting in additions or deletions or modifications to the amount, type or value of the Work and Services as required in this Contract, as directed and/or approved by the County. h) "HIPAA" means Health Insurance Portability and Accountability Act of 1996, i) The words "Scope of Services" shall mean a detail of the work to be performed by the Provider. The word "subcontractor" refers to the Provider or shall mean any person, entity, firm or corporation, other than the employees of the Provider, who furnishes labor and/or materials, in connection with the Work, whether directly or indirectly, on behalf and/or under the direction of the Provider and whether or not in privities of contract with the Provider. k) The words "Work", "Services" "Program", or "Project" shall mean all matters and things required to be done by the Provider in accordance with the provisions of this C o ntract. ARTICLE 2. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: KPO09-1-A Challenge Grant Program $ 90,277,00 Total. $ 90,277.00 3 1 P a g e Both parties agree that should available Miami -Dade County funding be increased or reduced, the amount payable under this Contract may be proportionately prorated at the sole discretion and option of the County. Availability of funding shall be determined annually by DCF. All services undertaken by the Provider before the County's execution of this Contract shall be at the Provider's risk and expense. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. The provider shall request reimbursement monthly using the Homeless Trust Invoice, Attachment E. ARTICLE 3. SCOPE OF SERVICES The Provider shall render services in accordance with the DCF UHG agreement which is herein attached as Attachment A, and incorporated here by reference. The Provider shall also comply and be bound by all provisions, terms, conditions, amendments, addendum, changes or revisions applicable to the Provider pursuant to the County's contract with the. Department of Children and Families (DCF), including such provisions, terms, conditions, amendments, addendum, changes or revisions made subsequent to the execution of the Agreement between the County and the Provider. The Provider shall implement the services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to services shall not be effective until approved by the County and Provider in writing. ARTICLE 4. BUDGET SUMMARY The Provider agrees that the number of persons served, and expenditures or costs shall be made in accordance with Attachment A. The Budget is attached hereto and incorporated herein as Attachment B. The Provider must also provide a 25% match of cash and/or in -kind services during the grant term. The parties agree that the Provider may, with the County's prior written approval, revise the schedule of payments or the line item budget, and such revision shall not require an amendment to this Contract. ARTICLE S. EFFECTIVE TERM Both parties agree that the Effective Term of this Contract shall commence as follows: These contractual services shall commence on March 1, 2021 and terminate at the close of business on June 30, 2022. Contingent on the existence of sufficient funding, and approval from the state, this Contract may be extended at the County's sole discretion for an additional one-year grant term. ARTICLE 6. INDEMNIFICATION BY PROVIDER A. Government Entity. Government entity shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability,losses or damages, including attorneys' fees and costs of defense, which the County 4 1 P a g e or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the government entity or its employees, agents, servants, partners, principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat. B. All Other Providers. Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. C. Term of Indemnification. The provisions of Article 6 shall survive the expiration or termination of this Contract. ARTICLE 7, INSURANCE If the total dollar value of all County contracts with the Provider exceeds $25,000 then the following insurance coverage is required: A. Government Entity. 1. If the Provider is the State of Florida or an agency or political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. The provider shall also furnish the County, upon request, written verification of Workers Compensation protection in accordance with Florida Statutes, Chapter 440, 5 1 P a g e B. All Other Providers. 1. Minimum Insurance Requirements: Certificates of Insurance. The Provider shall submit to Miami -Dade County, c/o Miami Dade County Homeless Trust (COUNTY), 111 N.W. 1st Street, 27th Floor, Miami, Florida 33128-1994, original Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: A. All 'insurance certificates must list the County as "Certificate Holder" in the following manner: Miami -Dade County 111 N.W. 1st Street, Suite 2340 Miami, Florida 33128 B. Worker's Compensation Insurance for all employees of the Provider as required by Florida Statutes, Chapter 440. Commercial General Liability Insurance in an amount not Iess than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. D. Automobile Liability Insurance covering all owned, non -owned, and hired vehicles used in connection with the Work provided under this Contract, in an amount not less than $300,000* combined single limit per occurrence for bodily injury and property damage. *NOTE: For Providers supplying vans or minibuses with seating capacities of fifteen (15) passengers or more, the limit of liability required for Auto Liability is $500,000. E. Professional Liability Insurance in the name of the Provider, when applicable, in an amount not less than $250,000. F. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: J1. 1. The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Old wick, New Jersey, or its equivalent, subject to the approval of the County's Risk Management Division. 2. The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance and must be a member of the Florida Guaranty Fund. G. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the Certificate Holder. 6 1 P a g e H. Compliance with the foregoing requirements shall not relieve the Provider of its liability and obligations under this Section or under any other section of this Contract. The County reserves the right to inspect the Provider's original insurance policies at any time during the term of this Contract. Applicability of this Article to Providers whose combined total award for all services funded under this Contract exceeds a $25,000 threshold. In the event that the Provider whose original total combined award in less than $25,000 but receives additional funding during the contract period which makes the total combined award exceed $25,000, then the requirements in this Article shall apply. K. Failure to Provide Certificates of Insurance. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the effective term of this Contract. If insurance certificates are scheduled to expire during the effective term, the Provider shall be responsible for submitting new or renewed insurance certificates to the County prior to expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the effective term, the County may suspend the Contract until such time as the new or renewed certificates are received by the County in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the County may, at its sole discretion, terminate this Contract. ARTICLE S. PROOF OF LICENSURE/CERTIFICATION AND BACKGROUND SCREENING/EMPLOYMENT AUTHORIZATION A. Background Screening. The Provider agrees to comply with all applicable federal, state and local laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors. Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply with all applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 43S, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work or volunteer with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. In the event criminal background screening is required by law, the State of Florida and/or the County, the Provider will permit only employees and subcontractors with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) to work or volunteer in direct contact with vulnerable persons. 7 1 P a g e The Provider agrees to ensure that employees, volunteers and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working or volunteering with vulnerable persons. Provider shall furnish the County with proof that employees, volunteers and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the Provider fails to furnish to the County proof that an employee, volunteer or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working or volunteering with a vulnerable person or vulnerable persons, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. B. Unauthorized aliens shall not be employed. Employment of unauthorized aliens by the Provider (or its subcontractors) shall be cause for unilateral cancellation of this Contract by the County for violation of section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a) and section 191 of the Immigration Reform and Control Act of 1986. The Provider and its subcontractors will enroll in and use the E-verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this Contract. Employees assigned to the contract means all persons employed or assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work pursuant to this contract within the United States and its territories. ARTICLE 9. CONFLICT OF INTEREST A. The Provider agrees to abide by and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. B. No person under the employ of the County, who exercises any function or responsibilities in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, any personal financial interest, direct or indirect, in this Contract. Nepotism. Notwithstanding the aforementioned provision, no relative of any officer, board of director, manager, or supervisor employed by the Provider shall be employed by the Provider unless the employment preceded the execution of this Contract by one (1) year. No family member of any employee may be employed by the Provider if the family member is to be employed in a direct supervisory or administrative relationship either supervisory or subordinate to the employee. The assignment of family members in the same organizational unit shall be discouraged. 8[Page A conflict of interest in employment arises whenever an individual would otherwise have the responsibility to make, or participate actively in making decisions or recommendations relating to the employment status of another individual if the two individuals (herein sometimes called "related individuals") have one of the following relationships: 1. By blood or adoption; Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece; 2. By marriage: Current or former spouse, brother- or sister-in-law, father- or mother-in-law, son- or daughter-in-law, stepparent, or stepchild; or 1 Other relationship: A current or former relationship, occurring outside the work setting that would make it difficult for the individual with the responsibility to make a decision or recommendation to be objective, or that would create the appearance that such individual could not be objective. Examples include, but are not limited to, personal relationships and significant business relationships. For purposes of this section, decisions or recommendations related to employment status include decisions related to hiring, salary, working conditions, working responsibilities, evaluation, promotion, and termination. An individual, however, is not deemed to make or actively participate in making decisions or recommendations if that individual's participation is limited to routine approvals and the individual plays no role involving the exercise of any discretion in the decision -making processes. If any question arises whether an individual's participation is greater than is permitted by this paragraph, the matter shall be immediately referred to the Miami -Dade County Commission on Ethics and Public Trust. This section applies to both full-time and part-time employees and voting members of the Provider's Board of Directors. D. No person, including but not Iimited to any officer, board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function or responsibilities in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, received any of the services, or direct or instruct any employee under their supervision to provide such services as described in the Contract. Notwithstanding the before mentioned provision, any officer, board of directors, manager or supervisor employed by the Provider, who is eligible to receive any of the services described herein may utilize such services if he or she can demonstrate that he or she does not have direct supervisory responsibility over the Provider's employee(s) or service program. Staff members, or their immediate family members (spouse, children, siblings, mother or father) of Homeless Trust funded programs, who are eligible for and wish to receive services from a Homeless Trust funded program must receive the approval of the Executive Director of their employer (i.e. the Provider) prior to applying for and receiving those services. This approval must be in writing and accompany any referral for such services. Any Provider knowingly accepting a referral of an employee of a Homeless Trust funded program, and providing services without the written approval of the Executive Director of the Provider, will be subject to the recoupment/disallowance by the County of any funds paid for services to this individual and/or their immediate family member. When the services are to be 9 1 P a g e provided at the same agency the employee works for, this information must be disclosed in writing to the director of the Homeless Trust, which shall be reviewed for eligibility determination and a sign off must come from the County. This provision does not apply to staff members seeking emergency shelter, medical or legal services. ARTICLE 10. CIVIL RIGHTS The Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, source of income, gender identity or expression, and/or status as a victim of domestic violence, dating violence, or stalking; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. §6101, as amended, which prohibits discrimination in employment because of age; the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., which prohibits discrimination in employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.C. §1612, as amended; and the Fair Housing Act, 42 U.S.G. §3601 et seq. It is expressly understood that the Provider must submit an affidavit attesting that it is not in violation of the Acts. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider is found by the responsible enforcement agency, the Courts or the County to be in violation of these acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A-60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. ARTICLE 11. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT; Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI)" and/or "Protected Health Information (PHI)" shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 101Page 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Provider and reasonable assurances that IIHI/PHI will be held confidential; S. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the client for review; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books, and records related to PHI available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records and/or electronic transfer of data). The Provider must give its clients written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. Provider must post, and distribute upon request to service recipients, a copy of the County's Notice of Privacy Practices. ARTICLE 12. NOTICE REQUIREMENTS Notice under this Contract shall be sufficient if made in writing, delivered personally or sent via U.S. mail, electronic mail, facsimile, or certified mail with return receipt requested and postage prepaid, to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others) and as further specified within this Contract. If notice is sent via electronic mail or facsimile, confirmation of the correspondence being sent will be maintained in the sender's files. If to the COUNTY. If to the PROVIDER: Miami -Dade County Homeless Trust 1I1 N.W. 1st Street, 27th Floor Miami, Florida 33128 Attention: Victoria Mallette, Executive Director Electronic mail: Victoria.Mallette@miamidade.gov Mr. Arthur Noriega, City Manager 444 SW 2nd Avenue Miami, Florida 33130 (305) 468-5500 Electronic mail: anoriega@miamigov.com Either party may at any time designate a different address and/or contact person by giving written notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. ARTICLE 13. AUTONOMY Both parties agree that this Contract recognizes the autonomy of the contracting parties and implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the 111Page County. Furthermore, the Provider's agents and employees are not agents or employees of the County. ARTICLE 14. SURVIVAL The parties acknowledge that any of the obligations in this Contract, including but not limited to Provider's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Provider under this Contract, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. ARTICLE 15. BREACH OF CONTRACT: COUNTY REMEDIES A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) the Provider fails to provide the services outlined in the Scope of Services within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the County funds allocated under this Contract; (3) the Provider does not furnish the Certificates of Insurance required by this Contract or as determined by the County's Risk Management Division; (4) if applicable, the Provider does not furnish upon request by the County proof of licensure/certification or proof of background screening required by this Contract; (5) the Provider fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the Provider does not submit or submits incomplete or incorrect required reports; (7) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and reviewthe Provider's program; (S) the Provider discriminates under any of the laws outlined in Article 10 of this Contract; (9) the Provider, attempts to meet its obligations under this Contract through fraud, misrepresentation, or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation, or review within the specified time as described and defined in its Performance Improvement Plan (PIP); (11) the Provider fails to issue prompt payments to small business subcontractors or follow dispute resolution procedures regarding a disputed payment; (12) the Provider fails to submit the Certificate of Corporate Status, Board of Directors requirement, or proof of tax status; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements, and stipulations in this Contract; (14) the Provider fails to meet any of the terms and conditions of Diversion First Rapid Re -Housing or (15) the Provider fails to fulfill in a timely and proper manner any or all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. In the event that the County determines certain Contract goals (as defined in the Scope of Services) are not being met then the County, in its sole discretion 121 Page may place the Provider on a Performance Improvement Plan (PIP). The following is a delineation of some instances where a PIP may be required: 1. The Provider is required to submit a Monthly Progress Report from the Homeless Management Information System (HMIS). [X] Applicable [ ] Not Applicable Utilization -During this contract term, the Provider must submit all invoices no later than the loth of the month following the period of service. The Provider shall invoice at a rate of 95% of targeted expenditures for the invoicing period. If the Provider fails to comply, the County will place the provider on a Performance Improvement Plan (PIP) and may subsequently transfer lapse funds to another provider. [ X ] Applicable [ ] Not Applicable 3. Program Performance -During this Contract term, the Provider must achieve those goals specified in Attachment D of the Contract. Performance against these annual goals shall be evaluated on a monthly basis, and if by the end of the first quarter of the contract period, substantial compliance (meeting the targeted goals) is not achieved, it will result in the County placing the Provider on Performance Improvement. [ X ] Applicable [ ] Not Applicable The above is subject to the review and approval of the County B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof. In the event of termination, the County may: (a) request the return of finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for 131 Page compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; The County may seek enforcement of this Contract including but not limited to filing an action in a court of appropriate jurisdiction. The Provider shall be responsible for all directand indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation, or material misstatement may be debarred from county contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. Authorization to Terminate Contract. The Mayor or the Mayor's designee is authorized to terminate this Contract on behalf of the County. D. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Contract by the County shall not be deemed a waiver of any rights or remedies, nor shall it relieve the Provider from performing any subsequent obligations strictly in accordance with the term of this Contract. No waiver shall be effective unless in writing and signed by the parties. Such waiver shall be limited to provisions of this Contract specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. E. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. ARTICLE 16. TERMINATION FOR CONVENIENCE The County may terminate this Contract, in whole or part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with further 141Page expenditure of the funds. Both parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. However, if the County determines in the case of partial termination that the reduced or modified portion ofthe grant will not accomplish the purposes for which the grant was made it may terminate the grant in its entirety. This Contract is subject to the ratification and approval by the Miami -Dade County Board of County Commissioners and shall be void unless approved by the Board of County Commissioners. The County may also, in its sole discretion, terminate the contract. The Provider understands and acknowledges that if the County determines in its sole discretion that termination of the Contract is necessary for the health, safety, or welfare of the County then it may do so upon twenty-four (24) hours' notice to the Provider. ARTICLE 17. PAYMENT PROCEDURES The County agrees to pay the Provider for services rendered under this Contract based on the payment schedule, timely provision by the Provider of required reports and of supporting documentation of expenses and activities as described in this Contract, and the line item budget (Attachment B). Payment shall be made in accordance with procedures outlined below and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94-40). 1. How payment will be made. Payment requests shall be made to the County on a monthly basis and shall be signed by the Executive Director and the Financial Officer of the Provider, unless otherwise approved in writing. The payment request for the previous month is due by the 6th of the month, using Attachment E. 2. Any reimbursement may be withheld pending the receipt and approval by the County of all reports and documents required herein. 3. Final payment requests from the provider will be accepted up to thirty (30) days after the expiration of this Agreement. If the Provider fails to comply, all rights to payments will be forfeited if the County so chooses. 4. Within thirty (30) days of the termination or expiration of this Contract, a final report of expenditures shall be submitted to the County. If after the receipt of such final report, the County determined that the Provider has been paid funds not in compliance with the Contract, and to which it is not entitled, the Provider will be required to return such funds to the County or submit documentation demonstrating that the expenditure was in compliance with this Contract. The County shall have the sole and absolute discretion to determine if the Provider is entitled to such funds and the County's decision in this matter shall be final and binding. Monies Owed to the County: The County reserves the right, in its sole discretion, to reduce payments to the Provider in order to recapture any monies owed to the County. In accordance with County Administrative Order No. 3-29, the Provider that is in arrears to the County is prohibited from obtaining new County contracts or extensions of contracts until such time as the arrearage has been paid in full or the County has agreed in writing to an approved payment plan. This is a cost -based Contract in which the Provider shall be paid through reimbursement payment based on the budget approved under this Contract and when documentation of completed and satisfactory service delivery is provided. Thus, it is imperative that the Provider maintain 151Page appropriate supporting documentation for all expenditures from the beginning of the Contract term (i.e., receipts, bank statements, cancelled checks, employee timesheet, etc.). The Provider shall submit to the Contract Manager, the Monthly Reimbursement form provided by the County on a monthly basis. Monthly reimbursement requests (both retroactive and current) and accompanying supporting documentation must be received by the County no later than the 6th of the month following the month for which reimbursement is requested. No Payment of Subcontractors. In no event shall County funds be advanced or paid by the County directly to any subcontractor hereunder. Payment to approved subcontractors shall be made by the Provider following requirements and limitations as detailed in Article 21 of this Contract. Processing the Request for Payment. After the County staff reviews the payment request, using Attachment F, the County will submit a payment request to the County's Finance Department. The County's Finance Department will issue payment via Automated Clearing House (ACH) or mail the check directly to the Provider at the address listed in Article 12 of this Contract, unless otherwise directed by the Provider in writing. The parties agree that the processing of a payment request from date of submission by the Provider shall take a maximum of thirty (30) days from receipt of a complete and accurate payment request, pursuant to the County's Sherman S. Winn Prompt Payment Ordinance (Ordinance 94-40), Section 2-8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3-19, and the Florida Prompt Payment Act, if supporting documentation/invoices are properly documented as determined by the County in its sole discretion. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. Reporting Requirements. Failure to submit to the County Attachment F by the 6th day after the end of the month in which the service was delivered, or failure to submit to the County supporting documentation of Contract expenditures or activities within fourteen (14) days of any County request, shall be considered a breach of this Contract and may result in withholding payment, non- payment, or termination of this Contract. Performance Reports. The Provider agrees to participate in the Homeless Management Information System (HMIS) selected and established by the County. Participation will include, but is not limited to, input of client data upon intake, daily updates of bed availability information, as well as updates of client files upon client contact, and maintaining current data for statistical purposes. The Provider understands that they are responsible for any ongoing cost to access the HMIS system. The Provider shall furnish the County with Monthly, Quarterly, and Annual Performance Reports in accordance with the activities and goals detailed in the Scope of Services. The reports shall explain the Provider's progress for the quarter. The data should be quantified when appropriate. The final progress report shall he due no later than thirty (30) days after the expiration or termination of this Contract. Continuation of this Contract and funding is contingent upon meeting established performance goals. Progress reports, produced through the Homeless Management Information System (HMIS) invoices for services and client attendance rosters signed by the Executive Director of the agency shall by submitted by the Provider, as required. Final Report/Recapture of Funds. Upon the expiration or termination of this Contract, the Provider shall submit the final Annual Performance Report (APR) to the County no later than thirty 161Page (30) days after the expiration or termination of this Contract. If after receipt of such final reports, the County determines that the Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, the Provider shall return such funds to the County, or the County may reduce, by the amount of such funds, from any subsequent payment to which the Provider is entitled, or the Provider may submit appropriate documentation within seven (7) days of notice from the County. The County shall have the sole discretion in determining if the Provider is entitled to such funds and the County's decision on this matter shall be final and binding. Additionally, any unexpended or unallocated funds shall be recaptured by the County. Additionally, the Provider agrees to assign any proceeds to the County from any contract, including this Contract, between the County, its agencies or instrumentalities and the Provider or any firm, corporation, partnership or joint venture in which the Provider has a controlling financial interest in order to secure repayment of any reimbursements for services provided under this or any other contract for which the County discovers was not reimbursable through its inspection, review and/or audit pursuant to this Contract. ARTICLE 18. PROHIBITED USE OF FUNDS A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees, or officials. The Provider shall not utilize County funds to provide legal representation, advice, or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees, or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. The Provider shall establish a separate account exclusively for receipt of the funds received pursuant to this Contract. D. Double Payments. Provider costs claimed under this Contract may not also be claimed under another contract or grant from the County or any other agency. Any claim for double payment by Provider shall be considered a material breach of this Contract. ARTICLE 19. REQUIRED DOCUMENTS, RECORDS, REPORTS, AUDITS, MONITORING AND REVIEW A. Certificate of Corporate Status. The Provider must submit to the Contract Manager, within thirty (30) days from the date of execution of this Contract, a certificate of corporate status in the name of the Provider, which certifies the following: that the Provider is organized under the laws of the State of Florida; that all fees and penalties have been paid; that the Providers most recent annual report has been filed; that its status is active; and that the Provider has not filed Articles of Dissolution. 171Page B. Board of Director Requirements. The Provider shall ensure that the Provider's Board of Directors is apprised of the programmatic, fiscal, and administrative obligations under this Contract funded through County Funds by passage of a formal resolution authorizing execution of this Contract with the County. A copy of this corporate resolution must be submitted to the County prior to contract execution. A current list of the Provider's Board of Directors and officers must be included with the submission. The Provider acknowledges and understands that all contract documents shall be signed by either the Provider's President or Vice President. The Provider's resolution shall at a minimum: list the name(s) of the Board's President, Vice President and, only in the event that the President or Vice President is not available to execute the contract documents, any other persons authorized to execute this Contract on behalf of the Provider; affirmatively state that a quorum was present at the time of adoption of the resolution; and reference the service categories and dollar amounts in the award, as may be amended. C. Proof of Tax -Exempt Status. The Provider is required to submit to the County the following documentation: (a) The I.R.S. tax exempt status determination letter; (b) the most recent I.R.S. form 990; (c) the annual submission of I.R.S. form 990 within (6) months after the Provider's fiscal year end; (d) IRS form 941 - Quarterly Federal Tax Return Reports within thirty-five (35) days after the quarter ends and if the form 941 reflects a tax liability, proof of payment must be submitted within forty-five (45) days after the quarter ends. D. Conflicts of Interest. Section 2-11.1(d) of Miami -Dade County Code as amended, requires any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County competing or applying for any such contract as it pertains to this solicitation, to first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County. Further, any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Contract voidable. E. Accounting Records. The Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by the Provider for no less than three (3) years beyond the term of this Contract and shall be made available for review upon request from County authorized personnel. For purposes of funding awards administered by the Department of Children and Families (DCF), the provider will be required to maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Contract to be maintained by the Network Provider for a period of seven (7) years after completion of the Contract or longer when required by law. F. Financial Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide 181Page these documents to the County no later than one hundred eighty (180) days following the end of the Provider's fiscal year, for each year during which this Contract remains in force or until all funds received pursuant to this Contract have been so audited, whichever is later. G. Access to Records: Audit. The County reserves the right to require the Provider to submit to an audit by an auditor of the County's choosing or approval. The Provider shall provide access to all of its records which relate to this Contract at its place of business during regular business hours. The Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the County to ensure compliance with applicable accounting and financial standards. H. Quarterly Reviews of Expenditures and Records. The County Commission Auditor may perform quarterly reviews of Provider's expenditures and records. Subsequent payments to the Provider shall be subject to a satisfactory review of Provider's records and expenditures by the County Commission Auditor, including but not limited to, review of supporting documentation for expenditures and the existence of sufficient documentation to support eligible expenditures. The Provider agrees to reimburse the County for ineligible expenditures as determined by the County Commission Auditor. I. Quality Assurance / Recordkeeping. The Provider shall maintain and shall require that the Provider's subcontractors and suppliers maintain, complete and accurate program and fiscal records to substantiate compliance with the requirements set forth in the Attachment A of this Contract. The Provider and its subcontractors and suppliers shall retain such records, and all other documents relevant to the Services furnished under this Contract for a period of seven (7) years from the expiration date of this Contract. The Provider agrees to participate in evaluation studies, quality management activities, Corrective Action Plan activities, and analyses carried out by or on behalf of the County to evaluate the effectiveness of client service(s) or the appropriateness and quality of care/service delivery. Accordingly, the Provider shall allow authorized County staff involved in such efforts to examine and review the Provider's premises and records. For purposes of funding awards administered by the Department of Children and Families (DCF), the provider will be required to maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Contract to be maintained by the Network Provider for a period of seven (7) years after completion of the Contract or longer when required by law. ). Confidentiality Requirements. The Provider shall establish and implement policies and procedures which ensure compliance with the following security standards and any and all applicable State and Federal statutes and regulations for the protection of confidential client records and electronic exchange of confidential information. The policies and procedures must ensure that; (1) There is a controlled and secure area for storing and maintaining active confidential information and files, including but not limited to medical records; 191Page (2) Confidential records are not removed from the Provider's premises, unless otherwise authorized by law or upon written consent from the County, (3) Access to confidential information is restricted to authorized personnel of the Provider, the County, the United States Department of health and Human Services, the United States Comptroller General, and/or the United States Office of the Inspector General; (4) Records are not left unattended in areas accessible to unauthorized individuals; (5) Access to electronic data is controlled; (6) Written authorization, signed by the client, is obtained for release of copies of client records and/or information. Original documents must remain on file at the originating Provider site; (7) An orientation is provided to new staff persons, employees, and volunteers. All employees and volunteers must sign a confidentiality pledge, acknowledging their awareness and understanding of confidentiality laws, regulations, and policies; (8) Procedures are developed and implemented that address client chart and medical record identification, filing methods, storage, retrieval, organization and maintenance, access and security, confidentiality, retention, release of information, copying, and faxing. K. Monitoring: Management Evaluation and Performance Review. The Provider agrees to permit County authorized personnel to monitor, review and evaluate the program/work which is the subject of this Contract. The County shall monitor fiscal, administrative, and programmatic compliance with all the terms and conditions of the Contract. The Provider shall permit the County to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the County's findings will be delivered to the Provider and the Provider will rectify all deficiencies cited within the period of time specified in the report. if such deficiencies are not corrected within the specified time the County may suspend payments or terminate this Contract. The County may conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Contract and funding are dependent upon the County being satisfied with the results of the evaluations. L. Client Records. The Provider shall maintain a separate individual client chart for each client/family served, where appropriate. This client chart shall include all pertinent information regarding case activity. At a minimum, the client chart shall contain referral and intake information, treatment plans, and case notes documenting the dates services were provided and the type of service provided. These client charts shall be subject to the audit and inspection requirements under Article 19, Sections F, G and H of this Contract. M. Disaster PIan/Continuity of Operations Plan (COOP). The Provider shall develop and maintain an Agency Disaster Plan/COOP. At a minimum, the Plan will describe 201Page how the Provider establishes and maintains an effective response to emergencies and disasters and must comply with any Florida Statutes related to Emergency Management that are applicable to the Provider. The Disaster Plan/COOP must be submitted to the County no later than April 1st of the contract term and is also subject to review and approval of the County in its sole discretion. The Provider will review the Plan annually, revise it as needed, and maintain a written copy on file at the Provider's site. N. Continuum of Cage (CoC) Coordinated Intake and Assessment Process The Provider shall participate in the Continuum of Care's (CoC) Coordinated Intake and Assessment process, to include, but not limited to: participation in the CoC's defined process to make and receive referrals for housing and/or services (including the use of the Homeless Management Information System (HMIS) for such, if required in the Standards of Care); use of any forms required (e.g. Release of Information, Homeless Verification Form, Chronic Homeless Verification Form, etc.); compliance with established Standards of Care (and any revisions thereof) relating to eligibility criteria and timely processing of referrals; and cooperation with established prioritizations for placement. 0. Public Records Pursuant to Section 119.0701 of the Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Provider shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by Iaw; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer to the County, at no County cost, all public records created, received, maintained and or directly related to the performance of this Agreement that are in possession of the Provider upon termination of this Agreement. Upon termination of this Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. For purposes of this Article, the term "public records"" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the County. If the Provider has questions regarding the application of Chapter 119, Florida Statutes, to the Provider's duty to provide public records relating 211Page to this Agreement, contact Miami -Dade County's Custodian of Public Records at: Miami -Dade County Homeless Trust 111 NW 1st Street, 27th Floor, Suite 310 Miami, Florida 33128 Attention: Victoria L. Mallette, Executive Director Email: vmallette@miamidade.g©v Provider's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Provider does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the County may, at the County's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. ARTICLE 20. Office of Miami -Dade County Inspector General Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector general is empowered to analyze the necessity of and reasonableness of proposed charge orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back -charge documents, all documents and records which involve cash, 221Page trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. ARTICLE 21, SUBCONTRACTORS and ASSIGNMENTS A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Contract without the prior written approval of the County in its sole discretion, which shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by all of the terms and conditions of this Contract. 1) If the Provider will cause any part of this Contract to be performed by a Subcontractor, the provisions of this Contract will apply to such Subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Provider; and the Provider will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the Subcontractor, its officers, agents, and employees, as if they were employees of the Provider. The services performed by the Subcontractor will be subject to the provisions hereof as if performed directly by the Provider. 2) The Provider, before making any subcontract for any portion of the services, will state in writing to the County the name of the proposed Subcontractor, the portion of the Services which the Subcontractor is to perform, the place of business of such Subcontractor, and such other information as the County may require. The County will have the right to require the Provider not to award any subcontract to a person, firm, or corporation disapproved by the County in its sole discretion. 3) Before entering into any subcontract hereunder, the Provider will inform the Subcontractor fully and completely of all provisions and requirements of this Contract relating either directly or indirectly to the Services to be performed. Such Services performed by such Subcontractor will strictly comply with the requirements of this Contract. 4) In order to qualify as a Subcontractor satisfactory to the County in its sole discretion, in addition to the other requirements herein provided, the Subcontractor must be prepared to prove to the satisfaction of the County that it has the necessary facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County in its 231Page sole discretion that it has satisfactorily performed services of the same general type which is required to be performed under this Contract. 5) The County shall have the right to withdraw its consent to a subcontract if it appears to the County that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Contract. All Subcontractors are required to protect the confidentiality of the County's and County's proprietary and confidential information. Provider shall furnish to the County copies of all subcontracts between Provider and Subcontractors and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the County permitting the County to request completion of performance by the Subcontractor of its obligations under the subcontract, in the event the County finds the Contractor in breach of its obligations; and the option to paythe Subcontractor directly forthe performance bysuch subcontractor. The foregoing shall neither convey nor imply any obligation or liability on the part of the County to any subcontractor hereunder as more fully described herein. B. Prompt Payments to Subcontractors. The Provider shall issue prompt payments to subcontractors that are small businesses (annual gross sales of $750,000 or less with its principal place of business in Miami -Dade County) and shall have a dispute resolution procedure in place to address disputed payments. Pursuant to the County's Sherman S. Winn Prompt Payment Ordinance (Ordinance 94-40), Section 2-8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3- 19, and the Florida Prompt Payment Act, payments must be made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to small business subcontractors or adhere to dispute resolution procedures may be grounds for suspension or termination of this Contract or debarment. ARTICLE 22. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS Provider agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable federal, State and the County's orders, statutes, ordinances, rules and regulations that may pertain to the Services required under this Contract, including but not limited to: a) Miami -Dade County Florida, Department of Business Development Participation Provisions, as applicable to this Contract. b) Miami -Dade County Code, Chapter 11A, including but not limited to Articles III and 1V. All Providers and subcontractors performing work in connection with this Contract shall provide equal opportunity for employment and services without regard to race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, source of income, gender identity or expression, and/or status as a victim of domestic violence, dating violence, or stalking. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by the Dade County Equal Opportunity Board or other 241Page authority having jurisdiction over the work setting forth the provisions of the nondiscrimination law. c) Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1 et seq. of the Code of Miami -Dade County, as amended. d) Miami -Dade County Code Section 10-38, Debarment of contractors from County work. e) Miami -Dade County Ordinance 99-5 codified at 11A-60 et seq. Code of Miami -Dade County pertaining to complying with the County's Domestic Leave Ordinance. f) Miami -Dade County Ordinance 99-152 codified at Section 21-255 et seq. prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami - Dade County. g) Miami -Dade County Resolution 478-12. The Provider will not use products or foods containing "pink slime," as defined in Resolution 478-12 of the Board of Miami -Dade County Commissioners, in food that is provided or served pursuant to this agreement." Notwithstanding any other provision of this Contract, Provider shall not be required pursuant to this Contract to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Provider, constitute a violation of any law or regulation to which Provider is subject, including but not limited to laws and regulations requiring that Provider conduct its operations in a safe and sound manner. ARTICLE 23. MISCELLANEOUS A. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Contract shall recognize and adequately reference the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes and references the County (by inserting the Miami -Dade County Homeless Trust Logo on all materials) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official Miami -Dade County Homeless Trust logo is permissible for the publicity purposes stated herein. Provider shall submit sample or mockup of such publicity or materials to the County for review and approval. The Provider shall ensure that all media representatives, when inquiring about the activities funded by this Contract, are informed that the County is its funding source. *Note: For purposes of this Agreement, publicity should also include the Department of Children and Families (DCF). B. Governing Law and Venue. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Venue for this Contract shall be Miami - Dade County, Florida. C. Modifications. Any alterations, variations, modifications, extensions, or waivers of provisions of this Contract including, but not limited to, amount payable and effective term shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. 251Page The County and Provider mutually agree that modification of the Scope of Services, schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be made as a written amendment to this Contract executed by both parties. The Mayor or the Mayor's designee is authorized to make modifications to this Contract as described herein on behalf of the County. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed modifications to this Contract. D. Counterparts. This Contract is executed in three (3) counterparts, and each counterpart shall constitute an original of this Contract. E. Headings, Use of Singular and Gender. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine, or neuter as the context requires. F. Review of this Contract. Each party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of this Contract. G. The County's Consultant. The Provider understands that in order to facilitate the implementation of this Contract, the County may from time to time designate in writing a development consultant to work with the Provider. The County's consultant shall be considered the County's designee with respect to all portions of this Contract with the exception of those provisions relating to payment of the Provider for services rendered. The County shall provide written notification to the Provider of the name, address, and employees of the County's consultant. H. Contracts with Municipalities or Counties Outside Miami -Dade County to Provide Homeless Housing in Miami -Dade County. The Provider desiring to transact business or enter into a Contract with the County for the provision of homeless housing and/or services swears, verifies, affirms and agrees that (1) it has not entered into any current contract, arrangement of any kind, or understanding with any municipality outside of Miami -Dade County or any County (collectively "locality") to provide housing and services for homeless persons in Miami -Dade County who are transported to Miami -Dade County by or at the behest of such locality and (2) during the term of this Contract, it will not enter into any such contract, arrangement of any kind, or understanding; provided, however, upon the written request of the Provider prior to entering into such contract, understanding that the County may, in its sole and absolute discretion, find and determine within sixty (60) days of such request that a proposed contract should not be prohibited hereby, as the best interests of the homeless programs undertaken by and on behalf of Miami -Dade County would not be negatively affected by such contract, arrangement, or undertaking. 1. Incident Reports. 261Page The Provider must report to the Miami -Dade County Homeless Trust information related to any critical incidents occurring during the administration of its programs. The Provider is to utilize the "Incident Report" form attached as Attachment C. In addition to reporting this incident to the appropriate authorities, the Provider must within twenty-four (24) hours of any incident, submit in writing a detailed account of the incident. This incident report should be addressed to the County. This incident report should be addressed to Miami -Dade County Homeless Trust, 111 NW First Street, 27th Floor, Suite 310, Miami, Florida 33128; telephone (30S) 37S-1490 and facsimile (305) 375-2722. For purposes of this Agreement, the Provider must adhere to CF Operating Procedure 180-4 and report critical incidents the Department of Children and Families (DCF) Incident Reporting and Analysis System (IRAS), J. Totality of Contract / Severability of Provisions. This Contract and Attachments, with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties. 1. No 3rd Party Beneficiaries. The Parties agree that this contract has no intended or unintended third -party beneficiaries. K. Attachments. Attachment A: Unified Homeless Grant (UHG) Agreement between The State of Florida, Department of Children. and Families (DCF)) Attachment B: Budget, w-9 Form, Affidavits Attachment C: Incident Report Attachment D: Budget Narrative Attachment E: Invoice No other agreement, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law and ordinance. SIGNATURES APPEAR ON THE FOLLOWING PAGE 271Page IN WITNESS WHEREOF, the parties have executed this Contract, along with all of its Attachments, effective as of the contract date herein above set forth. WITNESSES: ENTITY: CITY OF MIAMI, FLORIDA A municipal corporation of The State of Florida BY: TODD B. HANNON CITY CLERK Approved as to Form and Correctness: BY: VICTORIA MENDEZ CITY ATTORNEY Eey I 196115 HARVEY RUVIN, CLERK BY: DEPUTY CLERK DATE 110 ARTHUR NORIEGA CITY MANAGER Approved as to Insurance Requirements: BY: ANN-MARIE SHARPE RISK MANAGEMENT Affix Incorporation SEAL here Miami -Dade County, a political subdivision of The State of Florida DANIELLA LEVI NE CAVA MAYOR Affix Miami -Dade County Seal Here See memorandum dated ( 1 approved as to form and legal sufficiency, z w MM 19 Il- Mul 01-^sA 1 MINId rl Contract No. KP009 Client Services ® Non -Client CFAA No(s). 147231 Subrecipient ® Vendor ❑ CSFA No(s). 60.02-7 Federal Funds ® State Funds THIS CONTRACT is entered into between the Florida Department of Children and Families, hereinafter referred to as the "Department' and Miami -Dade County Homeless Trust, hereinafter referred to as the "Provider". If this document is denoted above as a GRANT AGREEMENT, the term "Contract'- as it may appear hereinafter shall be construed to mean "Grant' or "Grant Agreement' as the context may provide. Similarly, the term "Provider" shall be construed to mean "Grantee" and the term "Contract Manager" shall be construed to mean "Grant Manager". The section headings contained in this contract are for reference purposes only and shall not affect the meaning or interpretation of this contract. The Department and Provider agree as follows: ENGAGEMENT TERM AND CONTRACT DOCUMENT 1.1 Purpose and Contract Amount The Department is engaging the Provider for the purpose of facilitating the development of the Continuum of Care-(CoC) Plan and further -assist the focal community through planning, coordinating, and monitoring the delivery of services to persons who are homeless or about to be homeless within the CoC service delivery area. This contract is intended through: the General Appropriations Act to supplement the cost of staffing expenses for Continuum of Care activities, and to administer services under the Challenge Grant, Emergency Solutions Grant, and Temporary Assistance for Needy Families Homelessness Prevention. Grant, as further described in Section 2, payable as provided -in Section 3, in an amount not to exceed $1,506,674.55. 11 Official Payee and Party Representatives 1.2.1 The name, address; telephone number and e-mail address of the Provider's official payee to whom the payment shall be directed on behalf -of the Provider are: Name: Miami -Dade County HomeiessTrust Address: 111 NW 1s� Street, 27t" Floor. Suite 310 City: Miami State:Florida-.Zip Code:33120 Phone: 305-375-14y0 Ext: E-mail: VMalleft2@mlamidade.gov 1.2.2 The name, address, telephone number -and e-mail of the Provider's contact person responsible for the Provider's financial and administrative records: Name: Victoria Mallete Address: 111 NW`ist:Street. 27th Floor, Suite 310 City: Miami State:FL Zip Code:33128 Phone: 305-375.1490 Ext: E-mail: VMallette@miamidade.gov 1.2.3 The name, address, telephone number and e-mail of the Provider's representative responsible for administration of the program under this Contract (and primary point of contact) are: Name: Victoria Mallete Address: 111 NW 1st Street. 27th Floor Suite 310 City. Miami State:Fl Zip Code:33128 Phone: 305.375--1490 Ext: E-mail: VMallette miamidade, ov 1.2.4 The name, address, telephone number and e-mail address of the Contract Manager for the Department for this Contract are: Name: Jose A. Suyama Address: 401 NW 2ad Avenue N-1007 City: Miami State.Fl Zip Code:33128 Phone: 786.257.5055. Ext: E-mail: Per section 402.7305(1)(a), Florida Statutes (F.S.), the Department's Contract Manager is the primary point of contact through which. all contracting information flows between the Department and the Provider. Upon change of representatives (names, addresses, telephone numbers or e-mail addresses) by either party, notice shall be provided in writing to the other party. 1.3 Effective and Ending Bates This Contract shall be effective July 1, 2019-or the last party signature date, whichever is later. The service performance period under this Contract shall commence on duly 1, 2019 or the effective date of this Contract, whichever is later, and shall end at midnight, Eastern time, on June 30, 2022, subject to the survival of terms provisions of Section 7.4. This contract may be renewed in accordance with SS. 287.057(13) or 287.058(1)(g), F.S. CF Standard Contract 2019 Part 1 of 2 z Contract No. KP009 1.4 Contract Document This Contract is composed of the documents referenced in this section. 1.4.1 The definitions found in the Standard Contract Definitions, located at: http:l/www.dcf.state.fl.us�admin/contracts./does/GlossaryofGontractTerms.pdf are incorporated into and made a part of this Contract. Additional definitions may be set forth in Exhibit A, Special Provisions. 1.4.2 The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of this Contract. 1.4.3 The terms of Exhibit A, Special Provisions, supplement or modify the terms of Sections 1 through 9, as provided therein. 1.4.4 In the event of a conflict between -the provisions of the documents, the documents shall be interpreted in the following order of precedence: 1.4.4.1 Exhibits A -through F; 14.4.2 Any documents incorporated into any exhibit by reference, or included as a subset thereof; 1.4.4.3 This Standard Contract; 1.4.4.4 Any documents incorporated into this Contract by reference; 1.4.4.5 Attachments 1 through 3. Z. STATEMENT OF WORK The Provider shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in this Contract. Unless otherwise provided in the procurement document, if any, or governing law, the Department reserves the right to increase or decrease the volume of services and to add tasks -that are incidental or complimentary to the original scope of services. When such increase or decrease occurs, except where the method of payment is prescribed by law, compensation under Section 3 will be equitably adjusted by the Department to the extent that it prescribes a fixed price payment method or does not provide a method of payment for added tasks. 2.1 Scope of Work The Scope of Work is described in Exhibit B: 2.2 Task List The Provider shall perform all tasks set forth in the Task List, found in Exhibit C, in the manner set forth therein. 2.3 Deliverables The Deliverables are described in Exhibit D. 2.4 Performance Measures 2.4.1 The performance measures for acceptance of deliverables are set forth in Exhibit D, Section D-2. 2;4.2 To avoid contract termination, Provider's performance must meet the minimum acceptable level of performance set forth in Exhibit E, Minimum Performance Measures, Section E 1, regardless of any other performance measures -in this Contract. By execution of this Contract, -the Provider hereby acknowledges and agrees that its performance under the Contract must meet these Minimum Performance Measures and that it will be bound by the conditions set forth therein. If the Provider fails to meet these measures, the Department, at its exclusive option, may allow a reasonable period, not to exceed six (6) months, for the Provider to correct_ performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time, and if -no extenuating circumstances can be documented by the Provider to the Department's satisfaction, the Department must terminate the Contract. The Department has the sole authority to determine whether there are extenuating'or mitigating circumstances. The Provider further acknowledges and agrees that during any period in which the Provider fails to meet these measures, regardless of any additional time allowed to correct performance deficiencies, payment for deliverables may be delayed or denied and financial consequences may apply. 3. PAYMENT. INVOICE AND RELATED TERMS The Department shall pay for services performed by the Provider during the service performance period of this Contract according to the terms and conditions of this Contract in an amount not to exceed that set forth in Section 1.1, subject to the availability of funds and CF Standard Contract 2019 Part 1 of 2 2 Contract No. KPa49 satisfactory performance of all terms by the Provider. Except for advances, if any, provided for in this Contract, payment shall be made only upon written acceptance of all services by the Department per Section 3.1 and shall remain subject to subsequent audit or review to confirm- cohtract-compliance. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature, Any costs or services paid for under any other contract or from any other source are not. eligible for payment-underthis Contract. 3.1 Prompt Payment and -Vendor Ombudsman Per section 215.422, F.S., the Department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this Contract elsewhere specifies otherwise. Department determination of acceptable services shall be conclusive. Department receipt of reports and other submissions by the Provider does not constitute acceptance thereof, which occurs only through a separate and express act of the Contract Manager. For any amount that is authorized for payment but is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received, inspected, and approved (or within thirty-five (35) days after the date eligibility for payment of a health care provider is determined), a separate interest penalty as described in section 215.422, F,S., will be due and payable in addition to the amount authorized for payment. Interest penalties less than one dollar will not be paid unles& the Provider requests payment. A Vendor Ombudsman has been established within the Department of Financial Services and may be contacted at (850) 413-5516. 3.2 Method of Payment The Provider shall be paid in accordance with Exhibit F. 3.3 Invoices 3.3.1 The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre -audit and post -audit. Where itemized payment for travel expenses is permitted in this Contract, the Provider shall submit bills for any travel expenses in accordance with section 112.061, F.S., or at such lower rates as may be provided in this Contract. 3.3:2 The final invoice for payment shall be submitted to the Department no more -than 4_5 days after the Contract ends or is terminated. if the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this Contract may be withheld until performance of services and all reports due from the Provider and necessary adjustments thereto, have been approved by the Department. 3.4 Financial Consequences If the Provider fails to perform in accordance with -this Contract or perform the minimum level of service required by this Contract, the Department will apply financial consequences as provided for in Section 6.1. The parties agree that the penalties_ provided. for under Section 6.1 constitute financial consequences under sections 287,058(1)(h) and 215.971(T)(c), F.S. The foregoing does not limit additional financial consequences, which may include but are not limited to refusing payment, withholding payments until deficiency is cured, tendering only partial payments, applying payment adjustments for additional financial consequences -or for liquidated damages to the extent thatthisContract so provides, or termination of this Contract per Section 6.2-and requisition of services from an alternate source. Any payment made in reliance on the Provider's evidence of performance, which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment in accordance with Section 3.5, to the extent of such error. Financial consequences directly related to the deliverables under this Contract are defined in Exhibit F. 3.5 Overpayments and Offsets The Provider shall return to the Departmentany overpayments due -to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds. Should repayment not be made promptly upon discovery by the Provider or its auditor or upon written, notice by the Department, the Provider will be charged interest at the lawful rate of interest on the outstanding balance until returned. Payments made for services subsequently determined by time Department to not be in full compliance with contract requirements shall be deemed overpayments. The Department shall have the right at any time to offset or deduct from any payment due under this or any other contract or agreement any amount due to the Department from the Provider under this or any other contract or agreement. If this contract involves federal or state financial assistance, the following applies: The Grantee shall return to time Department any unused funds; any accrued interest earned; and any unmatched grant funds, as detailed in the Final Financial Report, no later than 60 days following the ending date of this Contract. 3.6 MyFloridaMarketPlace Transaction Fee. This Contract is exempt from the MyFloridaMarketPlace transaction fee. CF Standard Contract 2019 Part 1 of 2 3 Contract No, KP009 4. GENERAL TERMS AND CONDITIONS GOVERNING PERFORMANCE 4.1 Compliance veith Statutes, Rules and Regulations In performing Its obligations under this Contract, the Provider shall without exception be aware of and comply with all State and Federal laws, rules, Children and Families Operating Procedures (CFOPs), and regulations relating to its performance under this Contract as they may be enacted or amended from time -to -time, as well as any court or administrative order, judgment, settlement. or compliance agreement involving the Department which by its nature affects the ser Ores provided under this Contract. 4.2 State Policies The Provider shall comply with the polices set forth in the Department of Financial Services' Reference Guide for State Expenditures and active Comptroller/Chief Financial Officer Memoranda issued by the Division of Accounting and auditing. 4.3 Independent Contractor, Subcarraracting and Assignments 4.3.1 In performing its obligations under this Contract, the Provider shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida, except where the Provider is a State agency, Neither the Provider nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this Contract, unless specifically authorized in writing to do so. This Contract does not create any right in any individual to State retirement, leave benefits or any other benefits of State employees as a result of performing the duties or obligations of this Contract. 4.3.2 The Department will not furnish services of support (e.g., office space, office supplies;. telephone. service,- secretarial or clerical support) to the Provider, -or its subcontractor or assignee, unless_ specifically agreed to..by the Department in this Contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, car assignees shall be the sole responsibility of the Provider and its subcontractors. T he parties agree that no joint employment is intended and that, regardless of any provision directing the manner of provision of services, the Provider and its subcontractors alone small be responsible for the supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees. 43.3 The Provider may subcontract under this Contract 4.3.3.1 The Provider shall not subcontract for any of the work contemplated under this Contract without prior written approval of the Department, which shall not be unreasonably withheld. The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be deemed -to be an independent contractor and will not be considered or permitted to be an officer, employee, or agent of the State -of Florida. 4.3.3.2 The Provider is responsible for all work performed and for all commodities produced pursuant to this Contract whether actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document. The Provider further agrees that -the Department shall not be liable to the subcontractor- in any way or for any reason relating to this Contract. 4.3.3.3 The Provider shatl_include, in all subcontracts (at any tier) the substance of all clauses contained in this Contract that mention or describe subcontract compliance, as well as all clauses applicable to that portion of the Providers performance being performed by or through the subcontract. 4.3.4 To the extent that a subcontract provides for payment after Provider's receipt of payment from the Department, the Provider shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the Department in accordance with section 287 0585, F.S., unless otherwise- stated in the contract between the Provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall --be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent_(0.5%a) of the amount dare per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed -and shall not exceed fifteen (15%) percent of the outstanding balance due. 4,4 Provider Indemnity Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to real or personal tangible property" in the first paragraph is replaced with "arising out of or by reason of the execution of this Contract or arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners, or subcontractors in relation to this agreement," and the following additional terms will also apply: CF Standard Contract 2019 Part 1 of 2 4 Contract No. KP009 4.4.1 If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the Department the right to continue to use that product, the Provider shall immediately replace that product with a non -infringing product that the Department determines to be of equal or better functionality or be liable for the Department's cost in so doing. 4.4.2 Further, the Provider shall indemnify the Department for all costs and attorneys' fees arising from or relating to Provider's claim that a record contains trade secret information that is exempt from disclosure; or arising from or relating to the scope of the Provider's redaction of the record, as provided for under Section 5.3, including litigation initiated by the Department. 4.4.3 The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the cost of its defense. If the Provider is an agency or subdivision of the State, its obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity. 4.5 Insurance The Provider shall maintain continuous adequate liability insurance coverage during the existence of this Contract and any renewal(s) and extension(s) thereof. With the exception of a State agency or subdivision as defined by subsection 768.28(2), F.S., by execution of this Contract, the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this Contract. Upon the execution of this Contract, the Provider shall furnish the Department wry ten verification supporting both the determination and existence of such insurance coverage -and shall furnish verification of renewal or replacement thereof prior to the expiration or cancellation. The Department reserves the tight to require additional insurance as specified in this Contract. 4.6 Notice of Legal Actions The Provider shall notify the Department of potential or actual legal actions taken against the Provider related to services provided through this Contract or that may impact the Provider's ability to deliver toe -contractual services, or that may adversely impact the .Department. The Provider shall notify the Departments Contract Manager within ten (10) days of Provider becoming aware of such actions or potential actions or from the day of the legal filing, whichever comes first. 4.7 Intellectual Property All intellectual property, inventions; written or electronically created materials, including manuals, presentations; films, or other copyrightable materials, arising in relation to Provider's performance under this Contract, and the performance of _ail of its officers, agents and subcontractors in relation to this Contract, are works for hire for the benefit of_the .Department, fully compensated for by the Contract amount. Neither the Provider nor -any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this Contract. It is specifically agreed that the Department shall have exclusive rights to all data processing software failing within the terms of section 119.084, F.S., which -arises or is developed in the course of or as a result of work or services performed under this Contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Provider is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply. 4.7.1 If the Provider uses or delivers to the Department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those- items specifically listed in Exhibit A as having specific limitations, the compensation paid pursuant to this Contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this Contract. For purposes of this provision, the term "use" shall include use by the Provider during the term of this Contract and use by the Department its employees, agents or contractors during the term of this Contract -and perpetually thereafter, 4.7.2 All applicable subcontracts shall include a provision that the Federal awarding agency -reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. #notwithstanding .the foregoing provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004,23, F,S,, shall apply, but the Department shall retain a perpetual, fully -paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. CF Standard Contract 2019 Part 1 of 2 5 Contract No, KPOO9 4.8 Transition Activities Continuity of service is critical when service under this Contract ends and service commences under a -new contract. Accordingly, when service will continue through another provider upon the expiration or earlier termination of this Contract, the }provider shall, without additional compensation, complete all actions necessary to smoothly transition service to the new provider. This includes but is not limited to the transfer of relevant data and files, as well as property funded or provided pursuant to this Contract. The Provider shall be required to support an orderly transition to, the next provider no later than the expiration or earlier termination of this Contract and shall support the requirements for transition as specified in a Department -approved Transition Plan, which shall be developed jointly with the new provider in consultation with the Department. 4.9 Real Property Any State funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the State a security interest in the property at least to the'amount of the State fronds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of State funding for this purpose, if the Provider disposes of the property before the Department's interest is vacated, the Provider will refund the proportionate share of the State's initial investment, as adjusted by depreciation. 4.10 Publicity Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any State agency or affiliate or any officer or employee of the State, or any State program or service, or represent, directly or indirectly, that any product or service provided by the Provider has been approved or endorsed by the State, or refer to the existence of this Contract in press releases, advertising or materials distributed to the Provider's prospective customers. 4.11 Sponsorship As required by section 286.25, F.S., if the Provider is a non -governmental organization which sponsors a program financed wholly or -in part by State funds, including any funds obtained through this Contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Provider's name) and the State of Florida, Department of Children and Families". If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. 4.12 Employee Gifts The -Provider agrees that it will not offer to give or give any gift to any Department employee during the service performance period of this Contract and for a period of two years thereafter. In addition to any other remedies available to the Department, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. 4,13 Mandatory Reporting Requirements The Provider and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Provider, and of any subcontractor, providing services in connection with this Contract who has any knowledge of a reportable incident shall report such incident as follows: 4.13.1 A reportable incident is defined in CFOP 180-4, which can be obtained from the Contract Manager. 4.13.2 Reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the Contract Manager. 4.13.3 Other reportable incidents shall be reported to the Department's Office of Inspector General through the Internet at ht12:Hyk,wvi.dcf.state .t.us adrniniic;`rotfraud1.shtr l or by completing a Notification/Investigation Request (Form CF 1934) and emailing the request to the Office of Inspector General at IG.Complaints@mvfffamilies.com. The Provider and subcontractor may also mail the completed form to the Office of Inspector General, 1317 Winewood Boulevard, Building 5, 2nd Floor, Tallahassee, Florida, 32399-0700; or via fax at (850) 488-1428. CF Standard Contract 2019 Part 1 of 2 6 Contract No. KP009 4.14 Employment Screening 4.14.1 The Provider shall ensure that all staff utilized by the Provider and its subcontractors (hereinafter, "Contracted Staff") that are required by Florida law and by CFOP 60-25, Chapter 2, which 'is hereby incorporated by reference to be screened in accordance with chapter 435, F.S., are of good moral character and -meet the bevel 2 Employment Screening standards specified by sections 435.04, 110.1127, and subsection 39.001(2),. F.S,, as a condition of initial and continued employment that shaltInclude but not be limited to: 4.14.1.1 Employment history checks; 4.14.1.2 Fingerprinting for all criminal record checks; 4.14.1.3 Statewide criminal and juvenile -delinquency records checks through the Florida Department of Law Enforcement (FDLE); 4.14.1.4 Federal criminal records checks from the Federal Bureau of Investigation via the Florida Department of Law Enforcement; and 4.14.1.5 Security background investigation, which may include local criminal record checks through local law enforccement agencies. 4.14.1.6- Attestation by each employee, subject to penalty of perjury, to meeting the requirements for qualifying- for employment pursuant to chapter 435 and agreeing to inform the employer immediately if arrested for any of the disqualifying offenses while employed by the employer. 4.14.2 The Provider shall sign the Florida Department of Children and Families Employment Screening Affidavit each State fiscal. year (no two such affidavits shall be signed more than 13 months- apart) for the term of the Contract stating that all required staff have been screened or the Provider is awaiting the results of screening. 4.14.3 The Department requires, as applicable, the use of the officer of Inspector General's Request for Reference Check form (CF 774), which states: "As part of the screening of an applicant being considered for appointment to a career service, selected exempt service, senior management, or OPS position with the Department of Children and Families or a. Contract or sub -contract provider, a check with the Office of Inspector General (IG) is required to determine if the individual is or has been a subject of an investigation with the IG's Office. The request will only be made on the individual that is being recommended to be hired for the position if that individual has previously worked for the Contract or sub -contract provider, or if that individual is being, promoted, transferred or demoted within the Contract or sub -contract provider." 4.15 Human Subject Research The Provider shall comply with the requirements of CFOP 215-8 for any activity under this Contract involving human subject research within the scope of 4.5 Code of Federal Regulations (CFR), Part 46, and 42 United States Code (U.S.C.) §§ 289, et seq., and may not commence such activity until review and approval by the Department's Human Protections. Review Committee and a duly constituted Institutional Review Board. 4.16 Coordination of Contracted Services -Section 287.0575, F.S., mandates various duties and responsibilities for certain State agencies and their contracted service providers, and requires the following Florida health and human services agencies to coordinate their monitoring of contracted services: Department of Children and Families, Agency for Persons with Disabilities, Department of Health, Department of Elderly Affairs, and Department of Veterans Affairs, where applicable. In accordance with section 287.0575(2), F.S., each contract service provider that has more than one contract with one or more of the five Florida health and human services agencies must provide a comprehensive list of their health and human services contracts to their respective Contract Manager(s). The list must include the following information: 4.16.1 Name of each contracting State agency and the applicable office or program issuing the contract. 4.16.2 Name of each contracting State agency and the applicable office or program issuing the contract. 4.16.3 Identifying name and number of the contract. 4.16.4 Starting and ending date of each contract. 4.16.5 Amount of each contract. CF Standard Contract 2019 Part 1 of 2 Contract No. KP009 4.16.6 A brief description of the purpose of the contract and the types of services provided under each contract. 4.16.7 Name and contact information of each Contract Manager. S. RECORDS, AUDITS AND DATA SECURITY 5.1 Records, Retention, Audits, Inspections and Investigations 5_11 The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficlentto reflect all income and expenditures of funds provided by the Department under this Contract. Upon demand, at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records or documents during the term of this Contract and the required retention period in Section 5.1.2. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the Department. 5.1.2 Retention,of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Contract shall be maintained by the Provider. during the term of this Contract and retained for a period of six (6) years after completion of the Contract or longer when required by law. In the event an audit is required under this Contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on -the terms of this Contract, at no additional cost to the Department. 5.1.3 At all reasonable times foraslong as records are maintained, persons duly authorized by the Department and Federal auditors, pursuant to 2 CFR § 200.336, shall be allowed full access to and the right to examine any of the Providers contracts and related records and documents, regardless of the form in which kept. 5.1.4 A financial and compliance audit shall be provided to the Department as specified in this Contract and in Aftach (rent 1. 5.1.5 The Provider shall comply .and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). 5.1.6 No record may be withheld -nor -may the Provider attempt to limit the: scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; -provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. 5.2 Inspections and Corrective Action The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the Provider which are relevant to this Contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this Contract. Following such review, the Department may direct the development, by the Provider- of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies identified in the Departments direction. This provision will not limit the Department's choice of remedies under law, rule, or this contract. -3.3- Provider's Confidential and Exempt Information 5.3.1 By executing this Contract, the Provider acknowledges that, having been provided an opportunity to review all provisions hereof, all provisions of this Contract not specifically identified in writing by the Provider prior to -execution hereof as "confidential" or "exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to section 215.985, F.S. The Provider, upon written request of the Department, shall promptly provide a written statement of the basis for the exemption applicable to each provision identified by the Provider as "confidential" or "exempt", including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the conclusion that the provision is exempt or confidential. 5.3.2 Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents (reports, deliverables or workpapers, etc., in paper or electronic form) submitted to the Department in connection with this Contract will be waived, unless the claimed confidential information is submitted in accordance with the following standards: 5.3.2.1 The Provider must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the Provider shall include information correlating the nature of the claims to the particular protected information. CF Standard Contract 2019 Part 1 of 2 s Contract No. KPOO9 5.3.2.2 The Department, when required to comply with a public records request including documents submitted by the Provider, may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance with Section 5.3.2,1. Accompanying the submission shall be an updated version- of the _justification under Section 5.3.2.1, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Provider fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. 5.3.3 The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are exempt from inspection and copying under Florida's Public Records Law. 5.4 Health Insurance Portability and Accountability Act ❑ The Provider certifies that neither it nor its subcontractors will have access to, receive or provide Protected Health Information within the meaning of the Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d.) and the regulations promulgated thereunder (45 CFR Parts 160, 162, and 164) incidental to performance of this Contract. ® In compliance with 45 CFR § 164.504(e), the Provider shall comply with the provisions of Attachment 2 to this Contract, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Provider or its subcontractors incidental to the Provider's performance of this Contract. 5.5 Information Security The Provider shall comply with, and be responsible for ensuring subcontractor compliance as if they were the Provider with, the following information security requirements whenever the Provider or its subcontractors have access to Department information systems or maintain any -client or other confidential information in electronic form: 5.5.1 An appropriately skilled individual shall be identified by the Provider to function as its Information Security Officer. The Information Security Officer shall act as the liaison to the Department's security staff and will maintain an appropriate level of information security for Department information systems or any client or other confidential information the Provider is collecting or using in the performance of this Contract. An appropriate level of security includes approving and tracking all who request or have access, through the Provider's access, to Department information systems or any client or other confidential information. The Information Security Officer will ensure that any access to Department information systems or any client or other confidential information is removed immediately upon such access no longer being required for Provider's performance under this contract. 5.5.2 The Provider shall provide the latest Departmental security awareness training to all who request or have access, through the Provider's access, to Department information systems or any.client or other confidential information. _5.5.3 All who request or have access, through the Provider's access, to Department information systems or any client or other confidential information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Agreement form CF 0114 annually. A copy of CF 0114 may be obtained frorrrthe Contract Manager. 5.5.4 The Provider shall prevent unauthorized disclosure or access, from or to Department information systems or client or other confidential information. Client or other confidential information on systems and network capable devices shall be encrypted per CFOP 50-2. 5.5.5 The Provider agrees to notify the Contract Manager as soon as possible, but no later than five (5) business days following the determination of any potential or actual unauthorized disclosure or access to Department information systems or to any client or other confidential information. 5.5.6 The Provider shall, at its own cost, comply with section 501.171, F.S. The Provider shall also. at its own cost, implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to potential or actual unauthorized disclosure or access to Department information systems or to any client or other confidential information. 5.6 Public Records 5.6.1 The Provider shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.011(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the Provider in conjunction with this Contract except that public records which are made confidential by law must be protected from disclosure. As required by section CF Standard Contract 2019 Part 1 of 2 9 Contract No. KP0g9 287.058(1)(c), F.S., it is expressly understood that the Provider's failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate this Contract. 5,61 As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of the Department within the meaning of section 119.011(2), F.S., the Provider shall: 5.6.2.1 Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the service. 5.6.2.2 Upon request from the Department's custodian of public records, provide to the Department a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 5.6.2.3 Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of A he contract if the Provider does not transfer the records to the Department. 5.6.2.4 upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Provider or keep and maintain public records required by the Department to perform the service. If the Provider transfers all public records to the Department -upon completion of the contract, the Provider shall destroy any duplicate -public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining public records. All records shred electronically must be provided to the Department, upon request from the Departments custodian of public records, in a format that is compatible with the information technology systems of the Department. ,s. IF THE PROVIDER HAS QUESTIONS REGARDING THE- APPLICATION OF CHAPTER 119, F.S., TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT $50-487.1111, OR BY EMAIL AT DCFCu to lan F'LF MIL,IES.CD , OR BY MAIL AT; DEPARTMENT OF CHILDREN AND FAMILIES,1317 WINEWOOD BLVD., TALL HASSEE, FL 32399. 6, PENALTIES TERMINATION AND DISPUTE RESOLUTION 61 Financial Penalties for Failure to Take Corrective Action 6.1.1 In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.R.C., should the Department require a corrective action to address noncompliance under this Contract, incremental penalties listed in section 6.1.2 through section 6.1.3 shall be imposed for Provider failure to achieve the corrective action. These penalties are cumulative and may be assessed upon each separate failure to comply with instructions from the Department to complete corrective action, but shall not exceed ten (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been. made. These penalties do not limit or restrict the Department's application of any other remedy available to it under law or this Contract. 6.1.2 The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan, in accordance with the following standards. 6.1.2.1 Noncompliance that is determined by the Department to have a direct effect on client health and safety shall result in .the Imposition of a ten percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. -6.1.2.2 Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in:the imposition of a five percent (5%) penalty. 6.123 Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. 6.1.3 The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. CF Standard Contract 2019 Part 1 of 2 10 Contract No. KPOO9 6.2 Termination 6.2.1 In accordance with Section 22 of PUR 1000 Form, this Contract may be terminated by the Department without cause upon no less than thirty (30) calendar days' notice in writing to the Provider unless a sooner time is mutually agreed upon in writing. 6.2.2 This Contract maybe terminated by the Provider upon no less than one -hundred and twenty (120) calendar days' notice in writing to the Department unless another notice period is mutually agreed upon in writing. 6.2.3 In the event funds for payment pursuant to this Contract become unavailable, the Department may terminate this Contract upon no less than twenty -tour (24) hours' notice in writing to the Provider, The Department shall be the final authority as to the availability and adequacy of funds. 6.2.4 In the event the Provider fails to fully comply with the terms and conditions of this Contract, the Department may terminate the Contract upon no less than twenty-four (24) hours' notice in writing to the Provider, excluding Saturday, Sunday, and Holidays. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Provider's failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department- specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so- in order to terminate the Contract. The Department's failure to demand performance of any provision of this Contract shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and neither event shall he construed to be a modification of the terms and conditions of this Contract. The provisions herein do not limit the Department's right to remedies at law or in equity. 6.2.5 Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. Termination shall be upon no less than twenty-four (24) hours' notice in writing to the Provider. To be terminated under this provision, the Provider must have: 6.2.5.1 Previously tailed to satisfactorily perform in a contract with the Department, been notified by the Department of the unsatisfactory performance, and failed to timely correct the unsatisfactory performance to the satisfaction of the Department; or 6.2.5.2 Had a contract terminated by the Department for cause. 6-2.6 In the event of termination under Sections 6.2.1 or 6.2.3, the Provider will be compensated for any work satisfactorily completed through thedateof termination or an earlier date of suspension of work per Section 21 of the PUR 1000. "a.2. 3 If this Contract is for an amount of $1 Million or more, the Department may terminate this Contract at any time the Provider is found to have submitted a false certification under section 287.135, F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Regardless of the amount of this contract, the Department may terminate this contract at any time the Provider is found to have been placed on the Scrutinized Companies. that Boycott Israel List or is engaged in a boycott of Israel. 6.3 Dispute Resolution 6.3.1 Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department, which shall be reduced to writing and a copy of the decision shalt be provided to the Provider by the Contract Manager. The decision shall be final and conclusive unless within twenty-one (21) calendar days from the date of receipt of the Department's decision, the Provider delivers to.the Contract Manager a petition for alternative dispute resolution. 6.3.2 After receipt of a petition for alternative dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be -a condition precedent to any.legal action by the Provider concerning this Contract. 6.3.3 after timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution procedures described in the exhibits or other attachments, or mutually agree to an alternative binding or nonbinding dispute resolution process, the terms of which shall be reduced to writing and executed by both parties. 6.3.4 Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process. 6.3.5 This section shall not limit the parties' rights of termination under Section 6.2. CF Standard Contract 2019 Part 1 of 2 t Contract No. KPOO9 6.3.6 All notices provided by the Department under Section 6 shall be in writing on paper, physically sent to the person identified in Section 1.22 via the U,S. Postal Service or any other delivery service that provides verification of delivery, or via hand delivery. All. notices- provide by the Provider under Section 6 shall be in writing on paper, physically sent to the person identified in Section i .2.4 via U.S. Postal Service or any other delivery service that provides verification of delivery, or via hand delivery. 7. OTHER TERMS 7.1 Governing Law and.Verue This Contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, without regard to Florida provisions for conflict of laws. State Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in anyaction-regarding this Contract and venue shah be in Leon County, Florida. Unless otherwise provided in any other provision or amendment hereof, any amendment, extension or renewal (when authorized) may be executed in counterparts as provided in Section 46 of the PUR 1000 Form. 7.2 No Other Terms There are no provisions, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede- all previous communications, representations, or agreements, either verbal or written between the parties. 7:3 Severability of Terms If any term or provision of this Contract is legally determined unlavrful or unenforceable, the remainder of the Contract shall remain in full force and effect and such term or provision shall be stricken. 7.4 Survival of Terms Unless a provision hereof expressly states otherwise, all provisions hereof concerning obligations of the Provider and remedies available to the Department survive the ending date or an earlier termination of this Contract. The Provider's performance pursuant to such surviving provisions shall be without further payment. 7.6 Modifications Modifications of provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Department's operating budget. 7.6 Anticompetitive Agreements The Provider will not offer, enter into nor enforce any formal or informal agreement with any person, firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner -the ability of either -party to obtain employmentby or provide services to the Department or a provider of services to the Department. 7 7- Communications Except where otherwise provided in this Contract, communications between the -parties regarding this Contract may be by any commercially reasonable means. Where this Contract calls for communication in writing, such communication includes email, and attachments thereto are deemed received when the email is received. 7.8 Accreditation The Department is committed to ensuring provision- of the highest quality services to the persons we serve. Accordingly, the Department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the Department's providerswilleither be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time. 7.9' Transitioning Young Adults The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department encourages Provider participation with the local Community -Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. CF Standard Contract 2019 Part 1 of 2 12 Contract No. KP009 7.10 DEO and Workforce Florida The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients -in the Temporary Assistance to Needy Families Program to enter and remain in gainful ,employment. The_ Department encourages -Provider participation with the Department of Economic Opportunity and Workforce Florida. 7.11 Purchases by Other Agencies The Department of Management Services may approve this Contract as an alternate contract source pursuant to Rule 60A-1.045, Florida Administrative Code, if requested by another agency. Other State agencies may purchase from the resulting contract, provided that the Department of Management Services has determined that the contract's use is cost-effective and in the best interest of the State. upon such approval, the Provider may, at its discretion, sell these commodities or services to additional agencies, upon the terms and conditions contained herein. 7.12 Unauthorized Aliens Unauthorized aliens shall not be employed. Employment of unauthorized- aliens shall be cause for unilateral cancellation of this Contract by the Department =or violation of section 274A of the Immigration and Nationality Act (8 U.S.C. § 1324a) and section 101 of the Immigration Reform and Control Act- of 1986. The Provider and its subcontractors will enroll in -and use the E-verify system established by the U,S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this Contract. Employees assigned to the contract means all persons employed or assigned (including subcontractors) by the Provider or a subcontractor during the contract term to perform work'purscant to this contract within the United States and its territories. 7.11 Cfvil Rights Requirements These requirements shall apply to the Provider and all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. 7.13.1 The Provider shall comply with the provisions In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in -the performance of this Contract because of race, color, religion, sex, national origin, disability, age, or marital status. 7.13.2 The Provider shallnotdiscriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR, Parts 80, 83, 84, 90, and 91, Title VI of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. 7.13.3 If employing fifteen or more employees, the Provider -shall complete the Civil Rights Compliance Checklist; CF Form 946 within 'thirty (30) days -of execution of this Contract and annually thereafter in accordance with CFOP 60-16 and 45-CFR, Part 80. 7.14 Use of Funds for Lobbying Prohibited The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which probibit the expenditure of contract funds for the purpose of -lobbying the Legislature, judicial branch, or a -State agency. 7.15 Public Entity Crime and Discriminatory Contractors. Pursuant to sections 287.133 and 287.134, F.S., the following restrictions are placed on -the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a, public entity crime, or an entity or affiliate has been placed on the. discriminatory vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on -a contract to -provide any goods or services to a publicentity; may not submit a bid, proposal, or reply on a contract with a -public entity for the construction -or the repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any -public entity, and may not transact business with any public entity; provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO fora period of thirty-six-(36) months from the date of being placed on the convicted vendor list. CF Standard Contract 2019 Part 1 of 2 33 Contract No. KP009 7.16 Whistleblower°s Act Requirements In accordance with subsection 112.3187, F.S., the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and, specific danger to the public's health, safety, or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper -use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an -agency, public officer, or employee. The -Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-800-543-5353, 1.17 PRIDE Articles which are the subject of or are required to carry out this Contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this Contract, the Provider shall be -deemed to be substituted for the Department insofar as dealings with -PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, (800) 643-8459. 7.18 Recycled Products The Provider shall -procure any recycled products or materials, which are the subject of or are required to carry out this Contract, in accordance with the provisions of sections 403.7065, F.S. 8. FEDERAL FUNDS APPLICABILITY The terms in this section apply if Federal Funds are used to fund this Contract. 8,1 Federal Law 8.1.1 The Provider shall comply with the provisions of Federal law and regulations including, but not limited to, 2 CFR, Part 200, and other applicable regulations. 8.1.2 If this Contract contains $10AO or more of Federal Funds, the Provider shall comply with Executive Order 11246, Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 if applicable. 8.1.3 If this Contract contains over$150,000 of Federal Funds, the Provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 U:S.C. § 7401 et seq.), section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. § 1251 et seq.), Executive Order 11738, as amended and where applicable, and Environmental Protection Agency regulations (2 CFR, Part 1500). The Provider.shall report any violations of the above to the Department. 8.1.4 No Federal Funds received in connection with this Contract may be used by the Provider, or agent acting for the Provider, or subcontractor to influence legislation or appropriations pending before the -Congress or any State legislature. If this Contract contains Federal- funding in excess of $100,000, the Provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment 3. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager, prior to payment under this Contract. 8.1.5 If this Contract provides services to children up to age 18; the Provider shall comply with the Pro -Children Act of 1994 (20 U.S.C. § 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation or the imposition of an administrative compliance order on the responsible entity, or both. 8.1.6 If the Provider is a federal subrecipient or pass -through entity, then the Provider and- its subcontractors who are federal subrecipients or pass -through entities are subject to the following: A contract award (see 2 CFR § 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines in 2 CFR, Part 180 that implement Executive Orders 12549 and 12689, "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 8.1.7 If the Provider is a federal subrecipient or pass through entity, the Provider and its subcontractors who are federal subrecipients or pass -through entities, must determine whether or not its subcontracts are being awarded to a "contractor" or a CF Standard Contract 2019 Part 1 of 2 14 Contract No. KP009 "subrecipient," as those terms are defined in 2 CFR, Part 200. If a Provider's subcontractor is determined to be a subrecipient, the Provider must ensure the subcontractor adheres to all the applicable requirements in 2 CFR, Part 200. 8.2 Federal Funding Accountability and Transparency Act (FFATA) The FFATA Act of 2006 is an act of Congress that requires the full disclosure to the public of all entities or organizations receiving federal funds. 821 The Provider will complete and sign the FFATA Certification of Executive Compensation Reporting Requirements form (CF 1111 or successor) if this Contract includes $30,000 or more in Federal Funds (as determined over its entire term). The Provider shall also report the total compensation of its five most highly paid executives if 4 also receives in excess of 80% of its annual gross revenues from Federal Funds and receives more than $25 million in total federal funding. 8.2.2 The .Digital Accountability and Transparency Act (DATA) 2014 is an expansion of the FFATA Act of 2006, the purpose is for further transparency by establishing government: wide data identifiers and standardized reporting formats to recipient and sub - recipients. 8.3 Federal Whlstleblower Requirements Pursuant to Section 11(c) of the QSH Act of 1970 and the subsequent federal laws expanding the act, the Provider is prohibited from discriminating against employees for exercising their rights -under the ©SH Act. Details of the OSH Act can be found at this website: ho:llwu.whistlel�lowers aov. 9. CLIENT SERVICES APPLICABILITY The terms in this section apply if the box for Client Services is checked at the beginning of this Contract. 9A Client Risk Prevention If services to clients are to be provided under this Contract, the Provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in CFQP 215-6 in the manner prescribed in-CFQP 215-6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the- Florida Abuse Hotline on the statewide toll -free telephone number (1-800-96ABUSE). As required by Chapters 39 and 415, F.S., this provision is binding upon both the Provider and its employees. 12 Emergency Preparedness Place If the tasks to be performed pursuant to this Contract include the physical care or supervision of clients, the -Provider shall; within thirty (30) days of time execution of this contract, submit to the Contract Manager an emergency preparedness plan which shall include provisions for records protection, alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. For the purpose of disaster planning, the term "supervision" includes a child who is under. the jurisdiction of a dependency court. Children may remain in their homes, be placed in a non -licensed relativeinon-relative home, or be placed in a licensed foster care setting. No later than twelve months following the Department's original acceptance of a plan and every twelve (12) months thereafter, the Provider shall submit a written certification that it has reviewed its plan, along with any modifications to tie plan, or a statement that no modifications were found necessary. The Department agrees to respond in writing within thirty (30) days of receipt of the original or updated plan, accepting, rejecting, or requesting modifications. In the event of an emergency, the Department may exercise oversight authority over such Provider in order to assume implementation of agreed emergency relief provisions. 9.3 Support to the Deaf or Hard -of -Hearing 9.3.1 The Provider and its subcontractors shall comply with Section 504 of the Rehabilitation Act of 1973, 29 U.&C. § 794, as implemented by 45 CFR Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Art of 4990, 42 U.S.C. § 12131, as implemented by 28 CFR Part 35 (hereinafter referred to as ADA), and "FOP 60-10, Chapter 4, entitled Auxiliary Aids and Services for the Deaf or Hard -of -Hearing, 9.3.2 If the Provider or any of its subcontractors employs 15 or more employees, such Provider and subcontractor shall each designate a Single -Point -of -Contact to ensure effective communication with deaf or hard -of -hearing customers or Companions in accordance with Section 504 of the ADD, and CFQP 60-10, Chapter 4. The Provider's Single -Point -of -Contact and that of its Subcontractors will process the compliance data into the Department's HHS Compliance reporting Database by the 511 business day of the month, covering the previous rmmonth`s reporting, and forward confirmation of submission to the Contract Manager. The CF Standard Contract 2019 Part 1 of 2 15 Contract No. KPtt09 name and contact information for the Provider's Single -Point -of -Contact shall be furnished to the Department's Contract Manager Within fourteen (14) calendar days of the effective date of this requirement. 9.3.3 The Provider shall; within thirty (30) days of .the effective date of this requirement, contractually require that its subcontractors comply. with Section 504, the ADA, and CFOP 63-10, Chapter 4. A Single -Point -of -Contact shall be required for each subcontractor that employs 15. or more employees, This Single -Point of -Contact will ensure effective communication with deaf or hard -of -hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the Provider's Single -Point of Contact. 9.3.4 The Single -Point -of -Contact shall ensure that employees are aware of the requirements, rules and responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60-10, Chapter 4. Farther, employees of providers and their subcontractors with fifteen (15) or more employees shall attest in writing that they are familiar with the requirements of Section 504, the. ADA, and CFOP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file. 9.3.5 The Provider's Single -Point -of -Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of -hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by The Provider and its subcontractors. The approved Notice is available at: hUp:lhvww.myflfa;nilies.com/about-us/services-deaf-and-hard-hearingldcf- posters. 9.3.6 The Provider and its subcontractors shall document the customer's or companion's preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The Provider shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. 9.3.7 If customers or companions are referred to other agencies, the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aidslservice needs. 9.3.8 The Department requires each contractlsubcontract provider agency's direct service employees to complete training on serving our Customers who are Deaf or Hail -of Headna and sign the Attestation of Understanding. Direct service employees performing under this Contract will also print their certificate of completion, attach it to their Attestation of Understanding, and maintain them in their personnel file. 9.4 Confidential Client and Other Information Except as provided in this Contract, the Provider shall not use or disclose but shall protect and maintain the confidentiality of any client information and any other information made confidential by Florida law or Federal laws or regulations that is obtained or accessed by the Provider or its subcontractors incidental to performance under this Contract. 9.4.1 State laws providing for the confidentiality of client and other information include but are not limited to sections 39,0132, 39.00145, 39.202, 39.809, 39.908, 63.162, 63.165, 383.412, 394.4615, 397.501, 409.821, 409.175, 410,037, 410,605, 414,295, 415.107, 741.3165 and 916.107, F.S. 9.4.2 Federal laws and regulations to the same effect include section 471(a)(8) of the Social Security Act, sector, 106(b)(2)(A)(viii) of the Child Abuse Prevention and Treatment Act, 7 U.S.C. § 2020(e)($), 42 U.S.C. § 602 and 2 CFR § 200.303 and 2 CFR § 200.337, 7 CFR § 272.1(c), 42 CFR §§ 2.1-2.3, 42 CFR §§ 431,300-306, 45 CFR § 205. 9.4.3 A summary of Florida Statutes providing for confidentiality of this and other information are found in part 11 of the Attorney General's Government in the Sunshine Manual, as revised from tune -to -time. 9.5 Major Disasters and Emergencies The Stafford Act allows federal assistance for major disasters and emergencies upon a declaration by the President. Upon the declaration, the Department is authorized to apply for federal reimbursement from the Federal Emergency Management Agency (FEMA) to aid in response and recovery from a major disaster. The Provider shall request reimbursement {or eligible expenses through the Department and payment will be issued upon FEMA approval and reimbursement. CF Standard Contract 2019 Part 1 of 2 16 Contract No. KPOO9 By signing this Contract, the parties agree that they have read and agree to the entire Contract, as described in Section 1.4. IN WITNESS THEREOF, the parties hereto have caused this 70 page Contract to be executed by their undersigned officials as duly authorized. PROVIDER: Miami -Dade County Nameless Trust Y2�1 �'; Signature: Pri nt[Type Name: I Maurice L . Kemp Title. Deputy Mayor Date. .,. t t FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signature: AAM' Print/Type Name Bronwyn Stanford Title: ' Regipnal Managing Director M Date: � 1 The parties agree that any future amendment(s) replacing this page will not affect the above execution. Federal Tax ILA # (or 5SN): 59.6000573 Provider -Fiscal Year Ending date: 06/30, The Remainder of this Page Intentionally Left Blank. 12 a CF Standard Contract 2.019 Part! of 2 17 Contract No. KP009 Office on Homelessness Unified Homelessness Contract EXHIBIT A — SPECIAL PROVISIONS The following provisions supplement or modify the provisions of Sections 1 through 9 of the Standard Contract, as provided herein: A-1. ENGAGEMENT TERM AND CONTRACT DOCUMENT A-1.1. unified Homelessness Contract — This Contract consolidates all homelessness related services funded by legislative appropriation and competitive procurement. A-1.2. Program Specific Terms A-1.2.1. Federal Authority 24 CFR Part 576 Emergency Solutions Grant (ESG) Program 24 CFR Part 578 Continuum of Care (CoC) Program 45 CFR Part 260 Temporary Assistance for Needy Families (T ANF) Program A-1.2.2. Florida Statutes SeCt*n 414.161. Florida Statutes TANF Homelessness Prevention Grant Program Section 420.622M, Florida Statutes Challenge Grant Program Section 420.622(10). Florida Statutes Staffing Grant Program Section 420-622(101, Rodda Statutes ESC Program A-1.2.3. Standards Applicable to Cost Principles, Audits, Financial Assistance, and Administrative Requirements Section 215,97 Florida Stptutas Florida Single Audit Act Section 215,971. Florida Statutes Agreements funded with federal or state assistance 2 CFR Part 200 Uniform Administrative Requirements for Federal Awards 45 CFR Part 263 Expenditures of State and Federal TANF Funds Contract Expenditures Reference Guide for State Expenditures CFO's Memorandum No 03 2014-2015' Compliance Requirements for Agreements A-1.2.4. Coordinated Entry System —A coordinated process designed to coordinate program participant intake assessment and provision of referrals as defined in 24 CFR Part 578.3. A coordinated entry system covers the geographic. area, is easily accessed by individuals and families seeking housing or services, is weil_adverlised, and includes a comprehensive and standardized assessment toot. A-1.2.5. Continuum of Care (CoC) — The group organized to carry out the responsibilities required under 24CFR Pao 578 and defined in 24_CE"R Part 6783 that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith -based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, lave enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate. A-1.2.5. CoO Plan — A community plan to organize and deliver housing and mainstream services to meet the specific needs of people who are homeless as they move toward self-sufficiency or those persons at risk of homelessness to help stabilize them in current housing. It includes a framework of an array of housing solutions and related services to address the various needs of homeless persons and those at risk of becoming homeless. These plans are updated periodically to. meet the changing needs of the community. A-1.2.7. Coordinated System of Care— The CoC coordinated efforts 16 prevent and assist in ending homelessness. A-1.2.8. Homeless Management Information System (HMIS)— HMIS is the information system compliant with HUlYs data collection, management, and reporting standards and must be designated by the CoC and used to collect client -level data and data on the provision of housing and services to homeless individuals and families and persons at -risk of homelessness, as defined in 24 CFR 576.2 and 24CR 578. A-1.2.9. lead Agency — The lead agency designated by the local homeless assistance continuum of care plan to serve as the point of contact and accountability to the Office on Homelessness, The purpose of the local Lead Agency is to help communities envision, plan and implement coordinated, long-term solutions to address homelessness. Under the terms of this Contract, it remains the Lead Agency's responsibility to ensure services are provided in a manner consistent with this Contract and the Lead Agency's application to render services, and applicable program requirements and guidance. CF Standard Contract 2019 18 Contract No, KPOO9 Part 2 of 2 t faml-Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract A-1.2.10.Offlce on Homelessness — The Office on Homelessness was created within the Department of Children and Families as the central point of contact within state government on homelessness, under Segtion 420,622. lorida Statutes. A-1.2.11.Pass-through Entity —A non -Federal entity that provides a subaward to a subreciplent to carry out part of -a Federal program 2 CFR 20014. A-1.2.12.$ubcontractor(s) — Local government or non-profit agencies located within the catchment area contracted with by the served by the Lead Agency to provide various types of services to the homeless population under the Lead Agency. Agencies that have received a contractor subcontract to carry -out services under a federal award that the Department of Children and Families has received under the ESG program must carry the same requirements and program compliance the Department is responsible for under its federal grant agreement. A-1.2.13.U.S. Department of Housing and Urban Development (HUD) — Established in 1965, HIfN mission is to increase homeownership, support community development, and increase access to affordable housing free from discrimination. To fulfill this mission, HUD will embrace high standards of ethics, management and accountability and forge new partnerships particularly with faith -based and community organizations -- that leverage resources and improve HUUs ability to be effective on the community level, A-1.2.14.Victim Service Provider --A victim service provider as defined in 24 CFI 576.2 and 24 CPR 578,8 is a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs, and other programs. A-1.2.15.Wriiten Standards _ The Provider must develop written standards and procedures for providing ESG assistance In accordance with the provisions set forth in 24 CFR Part 576.400e . The written standards must be approved by the Office on Homelessness prior to grant execution and shall include, but are not limited to: A-1.2.46.1. Standard policies and procedures for evaluating individuals' and families' ellgiblilty for assistance under ESG; A-1.2.15.2. Standards for targeting and providing essential services related to street outreach; A-1.2.15.3. Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g, victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; A-1-2.15A. , Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; A-1.2.15.5. Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see 24.CFR Dart 575,400 b and 24 OFR Part 576.400(c) for a list of programs with -which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); A-1.2.15.5. Policies and procedures for determining and prioritizing which eligible families and individuals wiff receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance; A-1.2.15.7. Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re -housing assistance; A-1.2.15.&. Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and A-1.2.15.9. Standards for determining the type, amount, and duration of housing stabilization andlor relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant may receive assistance; or the maximum number of times the program participant may receive assistance. A-2. STATEMENT OF WORK CF Standard Contract 2919 Part 2 of 2 19 Contract No. KPogg Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract There are no additional provisions to this section of this Contract. A-3. PAYMENT INVOICE AND RELATED ITEMS There are no additional provisions to this section of this Contract. A-4. GENERAL. TERMS AND CONDITIONS GOVERNING PERFORMANCE A-4.1. Coordination of Services A-4.1.1. In addition to the provision of Section 4.16. hereof, the Provider shall utilize the Coordinated System of Care as a means of ensuring systemic referral coordination, planning and needs assessment, data collection, resource sharing, and service tracking for persons served under this Contract. A-4.1.2 The Provider shall enter all persons serviced under this grant funding into the WS. If the Provider is not the . service coordinator for HMIS; it will ensure all data related to persons served are entered utilizing the coordinated entry system. A-4.1.2.1. Per 24 CFP 578. 7 a "3£ Victim Services Providers or Legal Services Providers are not required to input data into HMS and may instead use CoC funds to establish and operate a comparable database that complies with HUD's HMIS requirements. A-41.2.2. Additional requirements regarding entry of information into HMIS for ESG activities are outlined in section C3-1.5 of this Contract. A-4.1.3. If the Provider is not the HMIS service coordinator, they will ensure all subcontractors of service are utilizing the coordinated entry system and/or HMS for all persons served under this Contract. A-5. RECORDS, AUDITS AND DATA SECURITY There are no additional provisions to this section of this Contract. A-6, PENALTIES TERMIINATION ANT) DISPUTE RESOLUTION There are no additional provisions to this section of this Contract. A-7. OTHER TERMS Attachment updates —At its sole discretion, the Department reserves the right to make changes to Attachments DI—D4, E1—E4, F144, F2.1, F3.1, and F4.1 without a formal written amendment. A-8. -FEDERAL AND STATE FUNDS APPLICABILITY The Provider and its subcontractor(s) shall comply with all applicable federal and state laws, rules, and regulations as amended from time to time, that affect the subject areas of the Contract, whether or not explicitly referenced herein. A-9. CLIENT SERVICES APPLICABILITY The Provider and its subcontractor(s) shall comply with all applicable terms related to the provision of services under this contract for clients designated ir, Section B. 4, and any applicable designations incorporated by reference, CF Standard Contract 2019 20 Contract No. XP009 Fart 2 of 2 Miami -Dade County Homeless Trust EXHIBIT B — SCOPE OF WORK B-1. SCOPE OF SERVICE Office on Homelessness Unified Homelessness contract Pursuant to Se,,ibn 42 ,624, Flo,,fda Sty=lutes, the Provider is the Lead Agency in the Section 5-3.1 catchment area. Through the programs identified below, the Provider shall: B-1.1. Staffing Grant — Work within the CoC Plan to carry out the requirements set forth in 24 CFR Part 573, This section is JX) Applicable. This section is [ I Not Applicable. 8.1.2. Challenge Grant — Pursuant to Section 420.622(4 1 1, Florida Stag.}tes, provide housing, service, and program needs included in the CoC Plan. This section is [X1 Applicable. This section :s [ tJot Applicable. 8-1.3. Emergency Solutions Grant (ESG) — Pursuant to 24 CFP Part 576, provide services and payment, as applicable and allowable, for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, certain expenses related to operating_rmergercy shelters, essential services related to emergency shelters and street outreach for the homeless, and homelessness prevention and rapid re -housing assistance. This section is [XIApplicable. ThissectionisrL I Plot Applicable: B-1.4. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant — Pursuant to Section 414,161, Florida Statutes, and 45 CFR Pad 260, provide Temporary Assistance to Needy Families through homeless prevention services, including emergency financial assistance to eligible families facing the loss of their current home due to a financial or other crisis. This section is [X]: Applicable. This section is I ) Not Applicable. B-2. MAJOR CONTRACT GOALS 8-2.1. Staffing Grant — The applicability of this section is identified in Section 8-1.1. of this Contract. The objective of the Staffing Grant is to coordinate functions of the Lead Agency in accordance with 24 CFH matt 57$ and to implement the CoC plan. 8-2.2. Challenge Grant.— The applicability of this section is identified in Section B-1.2. of this Contract. The objective of the Challenge Grant is to provide the housing, service, and program needs included in the CoC. plan. 13.2.3. Emergency Solutions Grant (ESG) — The applicability of this section is identified in Section B-1.3. of this Contract. The objective of the ESG into provide emergency shelter to homeless persons; engage individuals living on the street through street outreach activities; provide homeless prevention services to enable those in danger of losing their home to remain stably housed; and to provide re -housing services to help those who are homeless become stably housed. B-2.4. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant — The applicability of this section is identified in Section B-1.4, of this Contract. The objective of the TANF Homelessness Prevention Grant is to provide emergency financial assistance tofamilles experiencing a financial or other crisis through the payment of past due rent, mortgage, or utility bills to enable them to remain stably housed and for the provision of case management services. 8-3, CATCHMENT AREA, LOCATION, TIMES B-3.1. For the purposes of this Contract, services shall occur within the following County(les); Miami -Dade County. 8-3.2. The location and service times of the Provider are: Miami -Dade County Homeless Trust 111 NW Is' Street, 27TH Floor, Suite 310 Miami FL. 33128 Hours of Operation: .9:00 AM to 5:00 PM 8-3.3. The Provider shall maintain a list of the subeontractor(s) including contact information and hours of operation and shall provide a listing to the Department upon execution of this Contract and at any additional point upon request. Changes in CF Standard Contract 2019 21 Contract No. KP009 Part 2 of 2 Miami -[lade County Homeless Trust Office on Homelessness Unified Homelessness Contract subcontractor(s) shall not require an amendment to this Contract but will require a written request from the Provider and an approval from the Department (Contract Manager or Office on Homelessness) prior to any change in subcontractor(s). B-3.4. The Provider shall deliver services in a manner consistent with applicable program requirements. B-3.5. Services for homeless prevention and rapid re -housing assistance programs shall be provided during normal business hours, Monday through Friday from 8:00am until 5:04pm, and/or those hours deemed necessary by the Provider or subcontractor to meet the needs of clients seeking services. 13.3.6. Services for emergency shelters (if applicable under this Contract) shall be provided 24 hours a day, seven (7) days per week, including holidays. B-3.7. Any change in location and/or service time shall not require an amendment to this Contract but will require a written request from the Provider and an approval from the Department (Contract Manager or Office on Homelessness) prior to the time change. B-4. CLIENTS TO BE SERVED 13»441. Staffing Grant -M The applicability of this section is identified in Section B-1.1. of this Contract. Clients are not served directly under the Staffing Grant, rather it -is used to coordinate functions of the Lead Agency in accordance with 2424 QFR Part 578578 to implement the CoC plan. B-4.2. Challenge Grant — The applicability of this section is identified in Section B-1.2. of this Contract. The Provider must serve clients in a manner consistent with the proposed projects that are included in the CoC plan. B-4.3. Emergency Solutions Grant (ESG) — The applicability of this section is identified in Section B-1.3. of this Contract. Applicable definitions for individuals who are eligible for services under ESG are found in 24 CFR Part 576.2 and defined as homeless' or "at risk of homelessness'. 9.4.4. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant — The applicability of this section is identified in Section B-1.4. of this Contract. To be eligible for assistance under this grant, a household consists of a family that resides in Florida, has at least one household member who is a United States citizen or a_lawful permanent resident; has a minor child living in the household full-time; and has a household income less than two -hundred percent (2130%) of the federal poverty level as annually published by the U.S. Department of Health and Duman Services (HHS). The -adult who applies for the grant assistance with the CoC must be the parent or guardian of the minor child residing in the household. The family`s housing emergency shall be the result of a financial or other crisis and documented by the Provider or its subcontractor(s). Applicable definitions for services under TANF are found in Section 414.9252, Florida Stamtes. B-5. CLIENT -ELIGIBILITY Client eligibility is set forth in Florida Statutes and in federal regulations for the respective funding stream as defined in Section B-4. M. CLIENT DETERMINATION It is the responsibility of the Provider to ensure all applicable services are provided in accordance with program requirements to -eligible-clie� fits. If there are subcontractor(s) providingservices under this Contract, it remains the primary responsibility of the Provider to ensure services are provided in a manner consistent with this Contract and the Provider's application for rendering services, and applicable program requirements and guidance. B-7. EQUIPMENT It is the, responsibility of the Provider under this Contract to -ensure that necessary materials and equipment are readily available to ensure the provision of services under this Contract unless expressly authorized for purchase under the Contract and/or program requirements. B-8. CONTRACT LINTS There are no additional contract limits. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 22 Contract No. KPOO9 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT C -- TASK LIST The Provider..shall perform all functions necessary for the proper delivery of services including, but not limited to the following: C-1. SERVICE TASKS C-1.1. The applicability of this section -is identified in Section B-1,1, of this Contract. To achieve the Major Contract Goals for the Staffing Grant set forth in Section B-2.1, the Provider shall perform the tasks specified in Exhibit C1.. C-1.2. The applicability of this section is identified in Section B-1.2. of this Contract. To achieve the Major Contract Goals for the Challenge Grant set forth in Section B-2.2, the Provider shall perform the tasks specified in Exhibit C2. C-1.3. The applicability of this sectionisidentified in Section B-1.3. of this Contract. To achieve the Major Contract Goals for the Emergency Solutions Grant (ESG) set forth in Section B-2.3, the Provider shall perform applicable tasks specified in Exhibit C3. C-1.4. The_ applicability of this section is identified in Section B-1.4, of this Contract. To achieve the Major Contract Goals for the Temporary Assistance for -Needy Families (TANF) Homelessness Prevention Grant set forth in Section B-2.4, the Provider shall perform the tasks specified in Exhibit C4, C-2. ADMINISTRATIVE TASKS C-2.1. Staffing Requirements C-2.1.1. The Provider shall recruit, select, train, and employ a qualified individual to serve as the administrator of this Contract. The administrator will carry out and/or coordinate the roles, functions, and responsibilities set forth in this Contract, including but not limited to grant monitoring, administrative functions, financial compliance, and reporting activities as specified or required. C-2.1.2. The Provider shall ensure adequate and sufficient staff, paid or volunteer, to satisfactorily meet all contract requirements, including background screening requirements in accordance with Section 4.14, Part 1 of this Contract. C-2,1.3, The Provider shall notify the Contract Manager in writing within five (5) business days of the vacancy of the administrator position and shall notify the Contract Manager when a qualified replacement has been hired. C-2.2. Professional Qualifications — Minimum professional qualifications shall be determined by the Provider and is subject to request for documentation of professional qualifications by the Department, including the Contract Manager, C-2.3. Subcontracting C-2.3.1. The Provider shall not.subcontract functions required to be carried out under the Staffing -Grant. C-2.3.2. Subcontracting Provision C-2.3.2.1. , The Provider may subcontract functions under the Challenge Grant, the Emergency Solutions Grant, and the Temporary Assistance -;or Needy Families Homelessness Prevention Grant as applicable in Sections B-1.2., I3-1.3., and 13-1.4. of this Contract. C-2.3.2.2. The Provider must establish a process for subcontracting grant funds under this Contract. C-2.3.2.3. Any subcontractor must have the capacity to carry -out functions under this Contract including but -not limited to adequate staff to provide services, and program oversight and must be a registered non-profit. C-2.3.2.4. The Provider shall supply subcontract.agreements and/or any applicable amendments to the Department -upon request C-2.3.1 Subcontracting Monitoring C-2.3.3.1. The Provider shall monitor all subcontractors) receiving funding through and providing services -subject to the terms specified in this Lontract. The Provider shall develop a written monitoring schedule and plan. The monitoring schedule and plan shall be submitted to the Contract Manager within 30 calendar days of the beginning of each fiscal year. At a minimum, the schedule and plan shall include: C 2.3.3.1.1. The dates of the scheduled onsite visits at the subcontractor location where services are conducted; C-2.3.3.1.2. Staff interviews and personnel file checks to determine knowledge, skills, and abilities to perform grant services, and compliance with background screening requirements; CP Standard Contract 2019 23 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract C-2.3.3.1.3. The number, percentage, or methodology to determine a statistical representation of client case tiles to be reviewed to determine compliance with grant eligibility criteria; and C-2.3.3.1.4. The identified Terms of this Contract that will be passed on to the subcontractor and be reviewed for compliance by the Provider and subject to monitoring by the Department's Contract Manager and/or Office on Homelessness. C-2.3.3.2. Subcontracting Monitoring Findings — Subsequent to the monitoring, the Provider shah report their findings in writing to the Department's Contract Manager within 30 calendar days from the monitoring date, to include but not limited to any required corrective action. If during the monitoring it is determined that a violation or suspected violation of law or policy has been found, the Provider shall report it immediately to the Department Contract Manager, the appropriate law enforcement agency, and/or the Inspector General, as determined appropriate by the level of the violation. If abuse, neglect, or abandonment of a child, disabled person, or senior citizen is suspected, then it must be reported immediately to the Department's Abuse Hotline. For monitoring guidance, the Provider may review CFOP 75-8, which may be requested through the Department Contract Manager, C-2.3.4. Emergency Solutions Grant (ESG) Subcontracting -- The applicability of this section is identified in Section 13- 1.3. of this .Contract. In addition to the requirements identified in the Standard Contract, ESG shall conform to the following: C-2.3.4,1. This Contract is funded in part by a federal grant award. Any sub -award is considered federal financial assistance and all subcontractors of services under this Contract are mound by grant requirements under 24 GI"R Part 576, when conducting program activities and 2 CFR mart 200 as it relates to adherence to federal financial requirements under this grant award, C-2,3.4.2. Anysub-award of this federal grant award must include a written agreement between both parties for the provision of eligible services. Providers under this grant award are required pursuant to 2 CFR Pad 200 to monitor and -validate program activities and financial compliance: of all subcontractors. CF Standard Contract 2019 Part 2 of 2 C-2.3.4.3. Pursuant to 2 CFR Part 200.331, in part, ail pass -through entities must ensure the following: C-2.3.4.3.1. 2 CFR Part 200,331 (a)(2) — All requirements imposed by the pass -through entity on the subcontractor so that the federal award is used in accordance with federal statutes, regulations and the terms and conditions of the federal award; C-2.3.4.3.2. 2 GFR Part 200.331(at(3i — Any additional requirements that the pass -through entity imposes on the subcontractor in order for the pass -through entity to meet its own responsibility to the federal awarding agency including identification of any required financial and performance reports; C-2.3.4.3.3. 2 CFR Part 200.331 a)(5) -- A requirement that the subcontractor permit the pass - through entity and -auditors to have access to the -subcontractor's records and financial statements as. necessary for the pass -through entity to meet the requirements of 2 CrR Part 20f1_ _,_300 (statutory and national policy requirements, through 2 OFR fart 200,309 (perlod of performance), and subpart F (audit requirements) of this Part; and C-2.3,4.3.4. ? CFR Part 2 0.?31(d) — Monitor the activities of the subcontractor as necessary to ensure that the sub -award is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the sub -award, and that the sub -award performance goals are achieved. Pass -through entity monitoring must include: C-2.3.4.3.4;1. Reviewing. financial and programmatic reports required by the pass4hrough entity. C-2.3.4:3.42, Following up and ensuring that the subcontractor takes timely and appropriate action on all deficiencies pertaining to the federal award provided to the subcontractor detected through audits, onsito reviews, and other means. C2.3.4.3.4.3. Issuing a management decision for audit findings pertaining to the federal award provided as required by 2 CFR Part 200.521(Management Decision). 111'-2.3.43.5. 2 CFR Part 200.331(e) -- Depending upon that pass -through entity's assessment of risk posed by the subcontractor as described in 2_GFR Part 200331(bb the following monitoring tools may be useful for the pass -through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals. 24 Contract No. KPOO9 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract C-2.3.4.3.5.1. Providing subrecipients with training and technical assistance on program - related matters; and C-2.3.4.3.5.2. Performing on -site reviews of the subcontractor's program operations; C-2.3.4.1 3. Arranging for agreed -upon -procedures engagements as described in.2 CFR Part 200.425 (audit services). C-2.3.4.3.6. 2 CFR Part 200.334 M — Verify that every subcontractor is audited as required by subpart F (audit requirements) of this part when it is expected that the subcontractor's federal awards .expended during the respective fiscal year equaled or exceeded the threshold set forth in 2 CFR fart 200.50 [ (audit -requirements). C-2.4. Records and Documentation The Provider shall maintain all supporting documentation for invoice expenditures incurred during the Contract period for the delivery of service's as described in Section D-1. This supporting documentation shall be provided to the Department upon request. Where permitted under applicable law, access by the public shall be permitted without delay. Examples of supporting documentation are identified in the Reference Guide for State Exneriditures. C-2.5. Reports (programmatic and payment support) C-2.5.1. Programmatic Reports — The Provider shall submit reports according to the schedule in Exhibit C5. Monthly Status Reports can be found for applicable funding_ streams in Attachments D1 W-D4. Specific documentation required in programmatic reports for the acceptance of deliverables can be found in Attachments E1--E4. C-2.5.2. Payment Support Reports — Section F-4 provides specific information that.is required to accompany invoices. C-3. STANDARD CONTRACT REQUIREMENTS There are no additional requirements. C-4. EXHIBITS Exhibit C1-- Staffing Grant Service Tasks Exhibit C2 — Challenge Grant Service Tasks Exhibit C3 -- Emergency Solutions Grant Service Tasks Exhibit C4— Temporary Assistance for Needy Families JANF) Homelessness Prevention Grant Service Tasks Exhibit C5 — unified Homelessness Contract Reporting Schedule REMAINDER OF PACE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 25 Contract No. KPQ09 Part 2 of 2 Miami -made County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT C1— STAFFING=GRANT SERVICE TASKS C1-1, SERVICE TASKS The applicability of this section is identified in Section R-1.1, of this Contract. To achieve the Major Contract Goals for the Staffing Grant set forth in Section B-2.1, the Provider shall perform the following tasks as set forth in 24 CFR Parma 578 Subpart (Responsibilities of the CoC): C1.1.1. Operate the Cow, The Lead Agency, in coordination with the CoC, shall.• C1-1.1.1.Hold meetings of the full CoC membership, with published agendas, at least semi-annually; C1-1.1.2.Solicit invitations for new members, at least annually, within the geographic area to join the CoC; C1-1.1.3.Appoint additional committees, subcommittees, or workgroups; C1.1.1.4.Develop, follow, and update annually a govemance charter, which will include all procedures and policies needed to. comply with 24 CFR Bart 676,Subpart B; with HMIS requirements as prescribed by HUD; and a code of conduct and recusal process for the board, its chair(s), and any person acting on behalf of the board; C1.1.1.5.Consult wn the CoC Board and/or subrecipients to establish performance targets appropriate for population and program type, monitor subcontractor performance, evaluate outcomes, and take action against poor performers; C14.1.6_Operate a coordinated entr u.system that provides an initial, comprehensive assessment of the needs of individuals and families for -housing and services. The CoC must develop a specific policy to guide the operation of the coordinated entry system on how its system will address the needs of individuals and families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking, but who are seeking. shelter or services from nonvictim service providers. This system must comply with any requirements established by HUD by Notice. C1-1.1.7.Establish and consistently follow wrifien standards for providing CoC assistance for ESG funded projects as set forth in 24 CFR Dart 5 76.40 �) and referenced in Section A-1.215. of this Contract. C1-1.2. Designating and Operating an HEMS. The Lead Agency, in coordination with the CoC, shall: C1-12.1...Designate a single HMIS for the geographic area; C1.1.2.2.Designate an eligible applicant to manage the CoC's HMS, which will be known as the HMIS Lead; C1 -1.2.3. Review, revise, and approve a privacy plan, security plan, and data quality plan for the HMIS. C1-1.2.4. Ensure consistent participation of all subcontractors) funded as part of this Contract in the HMIS; and CI-1.2.5.Ensure the HMIS is administered in compliance with requirements prescribed by HUD. C1-1.3. CoC Planning. The Lead Agency, in coordination with the CoC, shall develop a plan that includes: C1-1.3.1.Coordinate the implementation of a housing and service system within its geographic area that meets the needs of the homeless individuals (including unaccompanied youth) and families. At a minimum, such system encompasses the following: C1.1.3.1.1. Outreach, engagement, and assessment; C1-1.3.1.2. Shelter, housing, and supportive services; C1-1.3.1.3, Prevention strategies. C1-1.32.Plan for and conduct an annual point-in4ime count of homeless persons within the geographic area that meets the following requirements: C1-1.3.2.1. Homeless persons who are living in a place not designed or ordinarily used as a regular sleeping accommodation for humans must be counted as unsheltered homeless persons. C1.1.3.2.2. Persons living in emergency shelters and transitional housing projects must be counted as sheltered homeless persons. C1.1.3,2.3. Other requirements established by HUU by Notice. C1-1.3.3.Conduct an annual gaps analysistneeds assessment of the homeless needs and services available within the geographic area. C1- 1.3.4. Consult with the Department regarding ESG program activities within the CoC's geographic area for the purposes of providing a comprehensive response for accurately reflecting the services provided throughout the state. REMAINDER OF PAGE INTENTIONALLY LEFT SLANT CF Standard Contract 2619 26 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT C2 — CHALLENGE GRANT SERVICE TASKS C2.1. SERVICE -TASKS The applicability of this section is identified in Section a-1.2, of this Contract. Theobjectiveof the Challenge Grant is to enable local communities to fund housing, program, and/or service needs included in the CoC plan. C2-1.1. Under the Challenge Grant, the Provider and its subcontractors must serve clients in a manner consistent with the client eligibility definitions in Section 8-4, C2-1.2. All activities under the Challenge Grant will be consistent with the CoC plan. The plan is incorporated in the original solicitation and submitted annually as part of this Contract. C2-1.3. Any activities provided by the Provider or a subcontractor will be per -formed in a manner consistent with the CoC plan, the grant application, and/or with written approval from the Department (Contract Manager and/or the Office on Homelessness). in accordance with Section 420.622r4). Rodda Siatu ies, all activities must support the housing, program, or service needs included in the CoC plan. C2-1.4. Changes in services are allowable with written approval ofihe Department (Contract Manager and/or the Office on Homelessness) and do not require an amendment to this Contract unless it is not clear that the services are consistent with the CoC plan incorporated by reference to this Contract. REMAINDER OF PAGE li.€TENTI®NALLY LEFT BLANK CF Standard Contract 2019 27 Contract No. itl'009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT C3 -. EMERGENt.-Y SOLUTIONS GRANT .(ESG) SERVICE TASK$ C3-1. SERVICE TASKS The applicability of this section is identified in section 8-13. of this contract. The tasks to be performed under this Contract must comply with the written standards and all applicable rules, regulations, and policies related to the ESG program. The following are allowable activities under this Contract, as defined in 24 CFR Pad 576, Subpart S. C3-1.1. Street Outreach Component 24 CFR Part 57 .101 m Subject to the expenditure limit in 24 CFR Part 57 6,100(b), ESG funds may be used for costs of providing essential services necessary to reach out to unsheitered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, non -facility -based care to unsheltered homeless. people who are unwilling or unable to access emergency shelter, housing, or an appropriate health facility. For the purposes of this section, the term "unsheltered homeless people" means individuals and families who qualify as homeless under paragraph (1)(i) of the "homeless" definition under 24 Q R_ Part 576.2. The eligible costs and requirements for essential services consist of the following as defined in 24 CFR Part 576,101: engagement, case management, emergency health services, emergency mental health services, transportation, and services for special populations. C34.1.1.Per 24 CFR Dart 576A00(b), the total amount of the grant award that may be used for street outreach and emergency shelter activities cannot exceed 60 percent of the Provider's -fiscal year grant award. C3-1.2. Emergency Shelter Component (24 CPR Part 576.102) -- Subject to the expenditure limit in 24 CFP Part 576,1 bulb . ESG funds may be used for costs of providing essential services to homeless families and individuals in emergency shelters, renovating buildings to be used as emergency -shelter for homeless families and individuals, and operating emergency shelters. The eligible costs and requirements consist of the following as defined in 24 QFR Part 576,102 essential services, including but not limited to, case management, child care, education services, employment assistance and job training, outpatient health services, legal services, life skills training, mental health services, substance abuse treatment services, transportation, and services for special populations, renovation; shelter operations; and assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, C3-1.2.1.Per_24 CFR Part 576,100L, the total amount of the grant award that may be used for street outreach and emergency shelter activities cannot exceed 60 percent of the Provider's- iscal year grant award. C3-1.3. Homelessness Prevention Component (24 CFR Part 576.103) —ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance necessary topreventan individual or family from moving into an emergency shelter or another place described in paragraph (1) of the "homeless' definition in 24 CFR Part 576.2. This assistance, referred to as homelessness prevention, may be provided to individuals and families who meet the criteria under the "at risk of homelessness* definition, or who meet the criteria in paragraph (2), (3), or (4) of the "homeless" definition in 24 CFR Part 576.2 and have an annual income below 30 percent of median family income for the area, as determined by HUD. The costs of homelessness prevention are only eligible to the extent that the assistance is necessary to help the program participant regain stability in the program participant's current permanent housing or move into other permanent housing and achieve stability in that housing. Homelessness prevention must be provided in accordance with the housing relocation and stabilization services requirements in 24 CFR Part 576.1050 the short-term and medium -term rental assistance requirements in 24 CFR Part 576,106,.and the written standards and procedures established under 24 CFR Fart 576.400 e . C34.4. Rapid Re -Housing Assistance Component (24 CFR Part 576.10 ) -- ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance as necessary to help a -homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing, This assistance, referred to as rapid re -housing assistance, may be provided to program participants who meet the criteria under paragraph (1) of the "homeless" definition in 24 QFR Part 576.2 or who meet the criteria under paragraph (4) of the "homeless" definition and live in an emergency shelter or other place described -in paragraph (1) of the "homeless' definition. The rapid re -housing assistance must be provided in accordance with the housing relocation and stabilization services requirements in 24 CFR Part 576,105, the short- and medium -term rental assistance requirements .in 24 CFR Part 576�i06, and the written standards and procedures established under 24 CFR Part576.400(e). C3-1.5, HMIS Component (24 OR Part 57 ,101) — The'Lead Agency or subcontractors) may use ESG funds to pay the costs of contributing data to the HMIS designated by the CoC for the area, including the costs of: Purchasing or leasing computer hardware; Purchasing software or software licenses; Purchasing or leasing equipment, including telephones, fax machines, and furniture; Obtaining technical support; Leasing office space; Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; Paying salaries for operating HMIS; Paying costs of staff to travel to and attend HULA -sponsored and HUD -approved training on HMIS and CIF Standard Contract 2019 28 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; Paying staff travel costs to conduct intake; and Paying participation fees charged by the HMS Lead, if the Provider or subcontractor is not the HMIS Lead. The HMS Lead is the entity designated by the CoC to operate the area's HWNS. If the Lead Agency is also the HMIS Lead Agency, as designated by the CoC in the most recent fiscal year CoC Homeless Assistance Grants Competition, it may also use ESG funds to pay the costs of: Hosting and maintaining HMIS software or data; Backing up, recovering, or repairing HMIS software or data; Upgrading, customizing, and enhancing the HMIS; Integrating and warehousing data, including development of a data warehouse for use in aggregating data from subcontractor(s) using multiple software systems; Administering the system; Reporting to providers, the CoC, and HUD; and Conducting training on using the system or a comparable database, including traveling to the training. If a subcontractor is a victim services provider or a legal services provider, it may use ESG funds to establish and operate a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. C3-1.6. Administrative Activlfies (24 R Part 67.1 —The Lead Agency or subcontractor(s) may use up to a combined 5 percent (5%) of its ESG grant award for the payment of administrative costs related to the planfring and execution of ESG activities. This does not include staff and overhead costs directly related to carrying out activities eligible under 24 CFR 576,101 throuah 24 CF,R 576,107, because those costs are eligible as part of those activities. Eligible administrative costs include: C3.1.6.1.General management, oversight and coordination. Casts of overall program management; coordination, monitoring, and evaluation. These costs include, but are not limited to, necessary expenditures for the following: Salaries, wages, and related costs of the Provider's staff, the staff of subcontractors, or other staff engaged in program administration. in charging costs to this category, the recipient may either include the entire salary, wages, and related costs ailocable-to the program of each person whose primary responsibifties with regard to the program involve program administration assignments, or the pro rats share of the salary, wages, and related costs of each person whose job includes any program administration assignments. Only one of these methods may be used to calculate administrative costs. Program administration assignments include the following: Preparing program budgets and schedules, and amendments to those budgets and schedules; Developing systems for assuring compliance with program requirements; Developing interagency agreements and agreements with subrecipients and contractors to carry out program activities; Preparing reports and other documents directly related to the program for submission to the Department; Coordinating the resolution of audit and monitoring findings; Evaluating program results against stated objectives; and Managing or supervising persons whose primary responsibilities with regard to the program, include such assignments as those described in paragraph Lq f i (A throut h� of this section. C3.1.6.1.2. Travel costs incurred for monitoring of subrecipients; Monitoring program, activities for progress and compliance with program requirements; C3-1.6.1.3. Administrative services performed under third -party contracts or agreements, including general legal services, accounting services, and audit services; and C34.6.1.4. Other costs for goods and services required for administration of the program, including rental or purchase of equipment, insurance, utilities, office supplies, and rental and maintenance (but not purchase) of office space. C3-1.6.2.Training on ESG requirements. Costs of providing training on ESG requirements and attending HUD -sponsored ESG trainings. C3-1.6.3.Consolidated plan. Costs of preparing and amending the ESG and homelessness -related sections of the consolidated plan in accordance with ESG requirements and 24 CPR Pars 91. C3-1.6.4.Environmental review. Costs of carrying out the environmental review responsibilities under 24 CFR 576.407. CF Standard Contract 2019 29 Contract No. KRO09 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT C4 -- TEMPORARY ASSISTANCE -FOR NEEDY FAMILIES (TANF) HOMELESSNESS PREVENTION GRANT SERVICE TASKS C4-1. SERVICE TASKS The applicability of this section is identified in section B-1 A. of this Contract. The purpose of the TAW Homelessness Prevention Grant is to assist eligible families to prevent the family from becoming homeless and to maintain stable housing following the assistance from the grant. Each recipient of grant funding from the TANF Homelessness Prevention Grant must complete the following tasks: C41.1. Case Management —The Provider or its subcontractor shall provide case managers for the delivery of case management services, including the determination of -eligibility, to assist families as outlined In the family case plan: C4-1.1.1.The family's case plan shall set forth costs that will be covered by the grant, as well as the total dollar amount of assistance to be provided to the family. C4-1.1.2.The case plan shall spell out the family's goal for housing stability, the anticipated date the case plan will be completed, the type of assistance to be delivered to the family, and the Provider's schedule for monitoring the family's housing stability following the cessation of grant assistance, whether the family was able to avoid becoming homeless, and whether the family remained in permanent housing. C44.2. Emergency Financial Assistance — The Provider or its subcontractor shall provide emergency financial assistance to families at risk of homelessness, through assistance with past due rent, mortgage, and utility. payments. The amount of financial assistance necessary to prevent homelessness shall be supported by a late notice or intent to evict from the landlord or a late notice from the mortgage company, or a past due bill or intent to disconnect notice from the utility company, documenting services to the applicant's address, in a household member's name; and an amount owed. The notice must include the name and address of the landlord, mortgage, or utility company where the payment should be mailed. C4.1.3. Family Monitoring — The Provider or its subcontractor shall track, monitor, and report on each family assisted for -at least twelve (12) months after the date of last assistance is provided to the family. C4.1.4. Case File — The Provider or its subcontractor shall develop, maintain, and retain a case file on each family applying for assistance. The case file shall contain all information necessary to determine the eligibility of the family, and shall also include, but is not limited to the following: C4-1.4.1.An eligibility determination; C4-1.4.2.A Case Plan for persons assisted; C4.1.4.3.Documentation of household income and size; C4.1.4.4.Documentation of emergency financial. assistance provided to the family; C4-1.4.5.Documentation of how often the family has applied for and received assistance, including -the limit on the number of times the family may be assisted; and C41.4.60ocumentation of monitoring of the family and the housing outcome achieved. C4.1,5. Additional Responsibilities —In addition, the Provider or its subcontractor shall; C4-1.5.1. Develop and utilize an application for all persons seeking assistance. At a minimum, the application must identify all household members, the amount and type of assistance sought, and the date of the request for assistance. C4-1.5.2. Enter information on each family assisted into the local HMIS; C4-1.5.3.Set a maximum per family assistance amount; C4-1.5.3.1. Past Due Rent or Mortgage Assistance — Eligible households may receive a maximum of months of past due rent or mortgage assistance or financial support for past due rent or mortgage assistance not to exceed $3,626.75 . C4-1.5.3.2. Past Due Utility Assistance — Eligible households may receive a maximum of 4 months of past due utility assistance or financial support for past due utility assistance not to exceed $3.626.75 . REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 30 Contract No. KPOO9 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT CS -UNIFIED HOMELESSNESS CONTRACT REPORTING SCHEDULE ... Report Tittle Reporting frequency ---..._._..--- _..._._ Report Due Date _ i DCF Personnel to ( Receive Reports Additional (Votes Invoice & Match Report (for Monthly 15th of each month following the Contract Manager ( See Attachments F1-174 each applicable funding delivery of services, or next i stream) i business day if the 15th falls on a _ ^Monthly Saturday, Sunday, or holiday - J Roll -up Report (for each 1-5th of each month following the Contract Manager See Attachments F2.1, applicable cost- delivery of services, or next ; F3.1, and F4.1 reimbursement funding business day if the 15th falls on a stream) —Back-up ...... II Saturday, Sunday, or holiday _.__ ;. Back-up Documentation (for Monthly 15th of each month following the Contract Manager See Attachments E1-E4 each applicable cost- delivery of services, or next reimbursement funding € business day If the 15th falls on a stream) Saturday, Sunday, or holiday Monthly Status Report (for Monthly 15th of each month following the Contract Manager & See Attachments D1-D4 each.applicable funding delivery of services, or next Office on stream) E I business day if the 15th falls on a Homelessness ' --.._...___.._ Saturday, Sunday, or holiday i .. . ... _ I HMIS'Consolidated Annual i Quarterly October 15th Contract Manager & Files must be submitted7for Performance and January 15th Office on each Activity in zipped .csv ! Evaluation Report (CAPER) I Homelessness ' files April 15th July 15th (of annual data) Monitoring Plan and Annually Within 30 days of contract Contract Manager For all services — Schedule execution and by July 15th subcontracted in this annually thereafter Contract Monitoring Findings Annually Within 30 days of completion of Contract Manager For aii services any monitoring completed by the subcontracted -in this �- lead Agency m^ Contract -Employment Screening Annually I July 15th Contract Manager As required by Section Attestation 4.14, Part 1 of this Contract List of Subcontractors Annually July 15th Contract Manager & As defined by Section ( Office on Contract Pars 1 of this : Homelessness Contract l Annual Point In Time Count.. Annually April 30th or within 15 days after Contract Manager & Downloaded version of i(conducted during the HUD : the results have been submitted Office on data submitted to HUD specified timeframe) to HUD, whichever is later Homelessness HUD System Performance Annually June 15th or within 15 days after Contract Manager & Downloaded version of Measures the results have been submitted Office on data submitted to HUD to HUD, whichever is later ' Homelessness ESG Written Standards (if Annually July 15th Contract Manager & CoC-level written applicable under section B- Office on standards for ESG funded 1.3.) Homelessness i projects ------------- CF Standard Contract 2019 31 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified HnmeieSSneSs (nntmal Reporting DCF Personnel to --_ Report Title i Frequency_..l Report Due Date I Receive Reports —�m-^ Additional Note CoC Plan Annually July 15thrv^ Contract Manager & ' Plan submitted as part of Office on the CoC NOHA or Homelessness I formatted for CoC distribution I CoC Governance Charter Annually July 15th Contract Manager & Governance Charter as Office on provided to CoC Homelessness G� aps Analysis/Needs Annually October 15th Contract Manager & Gaps Analysis/Needs ( Assessment Office on Assessment required by Homelessness HUD Longitudinal System Annually December 31st or within 15 days Contract Manager & [Office _._..._....�._� Downloaded version of j Analysis (formerly Annual ' after the results have been on data submitted to HUD I Homeless Assessment submitted to HUD, whichever is Homelessness ( ! Report) later REMAINDER OF RAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 32 Contract No. KPOtl9 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract WRIOR7,11WIS11401WAMO-1 .1 D-1. SERVICE UNITS D-1.1. Staffing Grant - The applicability of this section is identified in section B-1.1. of this Contract. A service unit consists of one (1) month of supporting activities as identified in Exhibit C1. D-1.2, Challenge Grant- The applicability of this section is identified in section 8-12 of this Contract. A unit of service is one (1) month of providing housing, service, and/or program needs in a manner consistent with the CoC Plan to eligible individuals as described in Exhibit C2. D-1.3 Emergency Solutions -Grant (ESG) - The applicability of this section is identified in section B-1.3. of this Contract. A unit of service is one (1) month of providing emergency shelter including expenses related to operating emergency shelters or essential services, street outreach to unsheltered individuals, and/or homelessness prevention and rapid re -housing assistance to eligible individuals as described in Exhibit C3. D-1A. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant- The applicability offhis section is identified in section B-1.4, of this Contract. A unit of service is one (1) month of providing horheless prevention and/or case management services to eligible individuals as described in Exhibit C4. D-2. MONTHLY SERVICE DELIVERABLES D-2.1. Staffing Grant - The applicability of this section is identified in section B-1.1. of this Contract. Each month, the Provider small provide a report of the completed monthly activities within the geographic area. The Provider shall deliver at least three (3) activities from two (2) of the following: D-2.1.1. CoC Board/Membership.Ik%etin Activities D.2.1.2. CoC Committee/SubcvmrritteehVorkgroup Activities D-2.1.3. CoC Training and Technical Assistance Activities The Provider shall demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report in Exhibit D1. D-2.2. Challenge Grant - The applicability of this section is identified in section B-1.2, of this Contract. Each month, the Provider shall provide eligible housing, program, and/or service needs to the geographic area. D-2.e.1. Challenge Grant Horsing Activities - The Challenge Grant Housing Projects will serve a minimum of 1 individuals each month, Fiscal Year FY19-20 FY20-21 FY21-22 Total Individuals 1 1 1 D-2.2.2. Challenge Grant Program Activities -The Challenge Grant Program Projects will serve a minimum of N/A individuals each month. Fiscal Year FY19-20 FY20-21 FY21-22 Total Individuals 1 N/A Iv1A N/A J W .. I D•2.2.3. Challenge Grant Service Activities -The Challenge Grant Service Projects will serve a minimum of 1 individuals each month. Fiscal Year FY19-20 i FY20-21 FY21-22 Total individuals 1 1 1 The Provider shall demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report in Exhibit D2. D-2.3. Emergency Solutions Grant (ESG) - The applicability of this section is identified in section B-1.3. of this Contract. Each month, the Provider shall provide eligible emergency shelter including expenses related to operating emergency shelters or essential services, street outreach to unsheltered individuals, and/or homelessness prevention and rapid re -housing assistance to eligible individuals in the geographic area. D-2.3A. ESG Emergency Shelter Activities -The ESG Emergency Shelter Projects will serve a minimum of N/A individuals each month. CF Standard Contract 2019 33 Contract No. XP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract Fiscal Year FY19-20 i FY20-21 FY21-22 ^Total Individuals N/A NIP, i N/A - D-2.3.2. ESG Street Outreach Activities - The ESG Street Outreach Projects will serve a minimum of N/A individuals each month. Fiscal Year 1 FY19-20 FY20-21 FY21-22 Total Individuals ! NIA N/A NIA D-2.3.3. ESG Homelessness Prevention Activities -- The ESG Homelessness Prevention Projects will serve a minimum of 5 individuals each month. Fiscal Year FY19-20 FY20-21 F-Y21-22 Total Individuals 5 � --5 � 5 1 L__ l —�I D-2.3 47.- ESG Rapid Re -Housing Activities -- The ESG Rapid Re -Housing Projects will serve a minimum of 1 individuals each month. Fiscal Year FY19-20 . FY20-21 : FY21-22 Total Individuals , 1 l 1 1 The Provider shall demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report in Exhibit D3. -D-2.4, Temporary -Assistance for Needy Families (TA NF) Homelessness Prevention Grant -- The applicability of this section is identified in -section B-1.4. of this Contract Each month, the Provider shall provide eligible homelessness prevention and/or case management services to the geographic area, D-2.4.1, TANF Homelessness Prevention Activities - The TANF Homelessness Prevention Projects will serve a minimum of 2 individuals and 1 households each month. i}- Fiscal —Year FY19-20 FY20-21 FY21-22 Total I Individuals _ 2- 2 2 Total Households i� i 1 1 D-2.4.2. TANI" Case -Management Activities - The TANF Case Management Projects will serve a minimum of 2 individuals and 1 households each month, Fiscal Year FY19-20 FY20-21 FY21-22 Total Individuals I 2 2 2 Total Households 1 1 4 The Provider shall demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report. in Exhibit D4. D•2,5, In the event that the Provider has met the Annual Service Targets identified in Section D-3 prior to the endofthe fiscal year; the Monthly Deliverables identified in Section D-2 shall no longer apply for the remainder of the applicable fiscal year. For fixed price invoices, the Provider shall be required to serve a minimum of 1 individual/household per month for each achieved service target, for the subsequent service months. D-3. ANNUAL SEVICIE DELIVERADLU During each State Fiscal Year, the provider shall deliver: D-31, Staffing Grant- The applicability of this section is identified in section B-1.1. of this Contract. The Provider shall deliver twelve (12) months of local CoC services to support the homeless population and communities receiving assistance needed, in addition to meeting the annual service targets below. D-3.1.1. Monitoring Plan and Schedule - The Provider shall deliver a detailed Monitoring Flan and Schedule each fiscal year on or before the date identified in Exhibit C5, CF Standard Contract 2019 34 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract D-3.1.2. Monitoring Findings — The Provider shall deliver the Monitoring Findings on or before the dates identified in Exhibii C5. D-3. 1.3. Employment Screening Attestation — The Provider shall deliver the Employment Screening Attestation on or before fhe date identified in Exhibit C5. D-3.1.4. List of Subcontractors — The Provider shall deliver the List of Subcontractors on or before the date identified in Exhibit C5. D-3.1.5. Annual point In Time Count — The Provider shall deliver the results of the Annual Point In Time Count as reported to HUD each fiscalyearon the date identified in Exhibit C5 or within 15 days after the results have been submitted to HUD, whichever is later. D-3.1.6. HUD System Performance Measures — The Provider -shall report the System Performance Measures as, provided to HUD each fiscal year on the date identified in Exhibit C5 or within 15 days after the report has been submitted to -HUD, whichever is later. D-3.1.7. ESG Written Standards -» The Provider shall provide an updated copy of the ESG Written Standards each fiscal year on or before the date identified in Exhibit C5. D-3.1.8: CoC Plan — The Provider shall provide a copy of the approved CoC Plan each fiscal year on or before the date identified in Exhibit C5. D: 2.1.9. CoC Governance Charter — The Provider shall provide an updated copy of the governance charter each fiscal year on or before the date identified in Exhibit C5. D-3.1.10. Gaps Analysis/Needs Assessment — The Provider shall conduct a gaps analysis/needs assessment to determine local needs and establish community. priorities each fiscal year and submit the findings on or before the date identified in Exhibit C5. D.3A.11.Longitudinal Systems Analysis — The Provider shall deliver the results of the Longitudinal Systems Analysis as reported to. HUD each fiscal year on the date identified in Exhibit C5 or within 15 days after the results have been submitted -to HUD, whichever is later. D-3.2. Challenge Grant — The applicability of this section is identified in section B-1.2. of this Contract. The Provider shall deliver twelve (12) months of housing, -program, and/or service needs to the geographic area. D-3.2A. Challenge -Grant Housing Activities -- The Challenge Grant Housing Projects will serve, at a minimum, the following number of individuals each fiscal year. Fiscal Year : FY19-20 FY20-2 i I FY21-22 ' Total Individuals2020 20 — D-3.2.2. Challenge Grant Program Activities —The Challenge Grant Program Projects wilt serve, at a minimum, the following number of individuals -each fiscal year. Fiscal Yeaar ( FY19-20 FY20-21. I FY21-22 — Totel-.r ndividuals _ (•ltA E NIA i MIA � D-3.2.3. Challenge Grant Service Activities — The Challenge Grant Service Projects will serve, at a minimum, the following number of individuals each fiscal year. Fiscal Year FY19-20 I FY20-21 I FY21-22 Tctallndivilduals 20 20 20 The Provider shall demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report in Exhibit D2, D-3.3. Emergency Solutions Grant (ESG) —The applicability of this section is identified in section B-1.3. of this Contract. The Provider shall deliver twelve (12) months emergency shelter for the homeless, expenses related to operating emergency shelters and providing essential services, street outreach for the homeless, and/or homelessness prevention and rapid re- housing assistance to the geographic area. D-3.3.1. ESG Emergency Shelter Activities — The ESG Emergency Shelter Projects will serve, at a minimum, the following number of individuals each fiscal year. Fiscal Year FY19-20 FY20-21 FY21-22 CF Standard Contract 2019 35 Contract No. kP009 Part 2 of 2 Kaml-bade County Homeless Trust Office on Homelessness Unified Homelessness Contract Total Individuals N/A I NIA NIA D.3.3.2. ESG Street Outreach Activities - The ESG Street Outreach Projects will serve, at a minimum, the following number of individuals each fiscal year. �..................,..__._ FiscaleY19-20 FY20-21 FY21-22 Year FYI NIA i N/A u ryy NIA D•3.3.3. ESG Homelessness Prevention Activities - The ESG Homelessness Prevention Projects will serve, at a minimum, the following number of individuals eachfiscal year. Fiscal YearFY19 21I F1'20-21 F1'21 22 Total Individuals, 64 64 84 D-3.3.4., ESG Rapid Re -Housing Activities - The ESG Rapid Re -housing Projects will serve, at a minimum, the following number of individuals each fiscal year. Fiscal Year FY20-2� FY21-22 j Total Individuals 15 15 F 15 The Provider shall demonstrate satisfactory progress towards the service targets through thel submission of the Monthly Status Report in Exhibit D") D-3.4, Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant - The applicability of thls section is -identified in section B-1.4. of this Contract. The Provider shall -deliver twelve (121 months homelessness prevention andlor case management services to the geographic area. D-3.4.1. TANF Homelessness Prevention Activities - The TANF Homelessness Prevention Projects will serve, at a minimum, the following number of individuals and households each fiscal year. Fiscal Year FY19-20 ! FY20-21 FY21-22 _.._ 12 I d Total Individuals 12 -._- 1 _.._._. Total Households 6 6 D-3.4.2. TANF Case Management Activities - The TANF Case Management Projects -will serve, at a minimum, the following number of individuals and households -each fiscal year. Fiscal Year FY19-20 FY20-21 j FY21-22 Total Individuals 12 12 12� i Total Households 6 6 6 The Provider shall -demonstrate satisfactory progress towards the service targets through the submission of the Monthly Status Report in Exhibit D4. MONTHLY STATUS REPORTS Attachment -DI - Staffing Grant Monthly Status Report Attachment D2 - Challenge. Grant Monthly Status Report Attachment D3 - Emergency Solutions Grant Monthly Status. Report Attachment D4 -- Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant Monthly Status Report REMAINDER OF PAGE- INTENTIONALLY LEFT BLANK CF Standard Contract 2019 36 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT D1- STAFFING GRANT -MONTHLY STATUS REPORT dropdown Provider Name Monthly Status Report prepopulate Contract drapdown Month of Services ATTESTATION: By completing this report, I certify to the best of my knowledge -and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purpose and objectives set forth in the terms and conditions of the Award. I am aware that any false, fictitious, or fraudulent information or the omission of.any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statement, false claims, or -otherwise. Additionally, I certify that all invoices supporting this report have been submitted to the -Department in accordance with this agreement. Name & Title of Agency GificW Date Staffing Grant Deliverables (Must complete at least -three (3) activities from two (2) of the following.) Monthly Year to Date CoC Board/Membership Meetings ---..-.._ CoC Committee/Subcommittee/Workgroup Meetings - - �- CoC Training and Technical Assistance -Activities Staffing Grant Output Measures Monthly Year to Date Total Individuals Experiencing Homelessness- in the CoC Total Households Experiencing Homelessness in theCoC — Individuals Becoming Homeless for the First Time in the CoC Individuals Returning to -the Homeless System in {he CoC Unduplicated Individuals Served in �CoC - Total Exits to Permanent Housing in the CoC REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 37 Contract No. KP009 Part 2 of 2 Miami -Made County Homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT-D2 - CHALLENGE GRANT MONTHLY STATUS REPORT dropdown -Provider-Name Monthly Status Report prepopulate Contract # dropdown Month of Services ATTESTATION: By completing this report, I certify to the best of my knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts arefor the purpose and objectives set forth in the terms and conditions of the Award. I am aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject me to criminal, civil. or administrative penalties for fraud, false statement, false claims, or otherwise, Additionally, I certify that all invoices supporting this report have been submitted to the Department in accordance with this agreement. !Name & Title of Agency Official Date Challenge Grant Deliverables (minimum monthly deliverable for activity) Housing Need i # '�.-�---------�.-.- Program [weed # Service Need # Total individuals Served by Activity (Monthly) ..�- - Total Individuals Served by Activity (Year to Date) J Challenge Grant Output Measures Housing Need Program Need Service Need ------- New Individuals Served thisYMonth Individuals with Increased Income (benefits) i Individuals with Increased Income (employment) Individuals Connected to Housing Case Management - Individuals Permanently Housed _ — Average Financial Assistance Provided $ $ �T$ - --- Remaining Stably Housed 3 months ' 6 months 9 months 12 months Total Individuals Housed by Challenge Grant Funding I Individuals Remaining Stably Housed by Challenge Grant Funding Percentage Remaining Housed by i #DIVfO! #IIVIn! #DIVlO! ( #DIN/0! Challenge Grant Funding I REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 38 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Home!essnessContract ATTACHMENT D3 --EMERGENCY SOLUTIONS GRANT -MONTHLY STATUS REPORT dropdown Provider Name __-Ju - i Monthly Status Report prepopulate ( Contract# dropdown- Mouth of Services ATTESTATION: By completing this report, I certify to the nest of my knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purpose and objectives set forth in the terms and conditions of the Award. I am aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statement, false claims, or otherwise. Additionally, I certify that all invoices supporting this report have been submitted to the Department in accordance with this agreement. Name & Title of Agency Official Date Emergency Solutions Grant Deliverables (minimum monthly deliverable for activity) Street- Outreach 1 Emergency i Shelter , elter # Prevention # Rapid Rehousing # Total Individuals Served by.Activity.(Monthly) Total Individuals Served by Activity Year to Date _ !! __....._._..� — Street Emergency Rapid Emergency -Solutions Grant Output Measures Prevention Outreach Shelter . Rehousing -.-.--_____ New Individuals Served this Month Individuals with Increased Income (benefits) , Individuals with Increased Income (employment) Individuals Connected to Housing Case Management Individuals Permanently Housed Average Financial Assistance Provided 474' Remaining Stably Housed 3 months ( 6 months 9 months 12 months Total Individuals Housed by Emergency Solutions Grant Funding Individuals Remaining Stably Housed by Emergency Solutions Grant Funding f Percentage Remaining Housed by Emergency Solutions Grant #DIVIO! #DIV/O! #DIVIO! #D1V10! Funding i REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 39 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT D4- TEMPORARY ASSISTANCE FOR NEEDY FAMILIES(TANF) HOMELESSNESS PREVENTION GRANT MONTHLY STATUS REPORT dropdown Provider Name Monthly Status Report . prepopulate ( Contract # ! dropdown Month of Services ATTESTATION: By completing this report, I certify to the best of my knowledge and belief that the report is true, complete and accurate and the expenditures, disbursements and cash receipts are for the purpose and objectives set forth in the terms and conditions of the Award. I am aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statement, false claims, or otherwise. Additionally, I certify that all invoices supporting this report have been submitted to the Department in accordance with this agreement. Name & Title of Agency Official Date TANF Homelessness Prevention Grant Deliverables -FinancialAssistance Case Management (minimum monthly deliverable for activity = households/individuals) # #I# Total Individuals Served by Activity (Monthly) Total Households Served by Activity (Monthly) Total Individuals Served by Activity (Year to Date) Total Households Served by Activity (Year to Date) i TANF Homelessness Prevention Grant Output Measures Financial Assistance Case Management New Individuals Served this Month Individuals with Increased Income (benefits) - ------------ - Individuals with Increased Income (employment) 3 I Average Financial Assistance Provided T$ Remaining Stably Housed 3 months fi months 9 months 12 months Total Individuals Housed by TANF Grant Funding i Individuals Remaining Stably Housed by TANF Grant --� Funding ' I Percentage Remaining Housed by TANF Grant #DIVIQI #DIVIQ! i #DIVIQ! #DIVIQ! Funding --- --- -- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CIF Standard Contract 2019 40 Contract No. KPO09 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract Iil�rllti)T11��i .... The Provider shall achieve the following minimum performance measures for the duration of this Contract, The -acceptance of performance measures for each unit of service specified in Section D-1 shall be made independently using the Monthly Status Report identified in Attachments D1—D4, The Provider's failure to achieve the minimum performance measure for any unit of service shall not prevent acceptance of performance measures for any other unit of service. The minimum performance measures established in Section O of this Contract, and in the Monthly Status Reports identified in Attachments D1—D4 pursuant to Section 2.4.2 of the CF Standard Contract shall be maintained by the Department for the term of this Contract. The performance standards are evaluated each Fiscal Year (FY) within the Unified Homelessness Contract based on data provided in the Monthly Status Reports. E-1.1. Staffing Grant — The applicability of this section is identified in section B-1.1. of this Contact. Performance measures will specifically address the deliverables identified in Section D-2.1, as referenced in 24 CF,P Part 578.7. E-1.2. Challenge Grant — The applicability of this section is identified in section B-1.2. of this Contract Performance Treasures will specifically address the housing, service, and program needs included in the CoC plan pursuant to Section 420.622141, Fforida Statutes, E-1.3. Emergency Solutions Brant (ESG) — The applicability of this section is identified in section 8-1.3. of this Contract. Performance measures will specifically address the program components referenced in 24 CFR Pail 570 Su 2rt B, Reporting requirements established by the US Department of Housing and Urban Development require the submission of activities for all funded programs using the Consolidated AnnualPerformance and .Evaluation Report (CAPER) as demonstration of program compliance: Providers will supply this information by the dates set forth in Exhibit C5. to the Department for its submission to HUD. E-1.4. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant — The applicability of this section is identified in section B-1.4. of this Contract. Performance measures will specifically address the requirements set forth in Section 414.161f5f, Florida Statutes, and are as follows: E-1.4.1. At least eighty -rive percent (85%) of households assisted shall remain stably housed and avoid becoming homeless for at least twelve (12) months following the last date of assistance provided. E-1.4.2. One hundred percent (100%) of households deemed eligible to receive assistance will have a case plan documenting the amount and type of assistance provided, steps to achieve housing stability, and the anticipated date of plan completion. E-2. PERFORMANCE MEASURES FOR THE ACCEPTANCE OF DELIVERABLES E-2.1. The Provider's failure to achieve the minimum service levels for any of the deliverables identified in Section D-2 shall not prevent acceptance of deliverables and payment for any other funding stream invoiced for under this Contract. E-22. Staffing Grant — The applicability of this section is identified in section B-1.1. of this Contract, For the acceptance of deliverables, the Provider shall meet or exceed the minimum targets specified herein, The supporting documentation to verify successful completion is referenced in Exhibit E1. CoC BoardlMembership Meeting Activities — The CoC will hold a minimum Complete three (3) activities from number of CoC Board and/or Membership Meetings each month, as defined in at least two (2) of the Minimum section D-2.1.1. Service Targets identified. CoC Committee/SubcommitteeNorkgroup Activities -n The CoC will hold a minimum number of Committee, Subcommittee, or Workgroup meetings each month, as defined in section D-21.2. CoC Training and Technical Assistance Activities -- The CoC will conduct a minimum number of Training and Technical Assistance Activities each month, as defined in section D-2.1.3, E-2.3. Challenge Grant — The applicability of this section is identified in section B-1.2. of this Contract. For the acceptance of deliverables, the Provider shall meet or exceed the minimum targets specified herein. The supporting documentation to verify successful completion is referenced in Exhibit E2, CF Standard Contract 2019 41 Contract No. KPO09 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract MIrnErm mSentice Target Criteria forvaitrating Coip(e#inn Challenge Grant Housing Activities — The Challenge Grant Housing 100% of individuals served by Projects will serve a minimum number of individuals, as identified in section Challenge Grant Housing Activities on D-2,2.1. (Monthly) and D-3.2.1. (Annual), an annual basis Challenge Grant Program Activities — The Challenge Grant Program 100% of individuals served by Projects will serve a minimum number of individuals, as identified in section Challenge Grant Program Activities on D-2.2.2. (Monthly) and D-3.2.2. (Annual), an. annual basis Challenge Grant Service Activities— The Challenge Grant Service Projects 100% of individuals served by will serve a minimum number of individuals, as identified in section D-2.2.3. Challenge Grant Service Activities on (Monthly) and D-3.2.3. (Annual), an annual basis E-2.4. Emergency Solutions Grant (ESG) — The applicability of this section is identified in section B-1.3. of this Contract. For the acceptance of deliverables, the Provider shall meet or exceed the minimum targets specified herein. The supporting documentation to verify successful completion is referenced in Exhibit E3. Mr ram UK' Se Target Criteria for E+afuatirrg Copttln, FE�SG Emergency Shelter Activities — The ESG Emergency Shelter 100% of individuals served by ESG i Projects will serve a minimum number of individuals, as identified in section Emergency Shelter Activities on an D-2.3,1. (Monthly) and D-3.3.1. (Annual), annual basis ESG Street Outreach Activities — The ESG Street Outreach Projects will 100% of individuals servers by ESG serve a minimum number of individuals, as identified in section D-2.3.2. Street Outreach Activities on an annual )Monthly) and D-3.3.2. (Annual). basis ESG Homelessness Prevention Activities - The ESG Homelessness 100% of individuals served by ESG Prevention Projects will serve a minimum number of individuals, as identified Homelessness Prevention Activities on in section D-2.3.3. (Monthly) and D-3.3,3. (Annual). an annual basis . ESG Rapid Re -Housing Activities -- The ESG Rapid Re -Housing Projects 1001/9 of individuals served by ESG will serve a minimum number of individuals, as identified in section D-2.3,4. Rapid Re -Housing Activities on an (Monthly) and D-3.3.4. (Annual). annual basis E-15. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant — The applicability of this section is identified in section B-1.4. of this Contract. For the acceptance of deliverables, the Provider shall meet or exceed the minimum targets specked herein. The supporting documentation to verify successful completion is referenced in Exhibit E4. TANF Homelessness Prevention Activities — The TANF Homelessness 100% of individuals and 100% of Prevention Projects will serve a minimum number of individuals and households served by TANF households, as identified in section D-2.4.1. (Monthly) and section D- Homelessness Prevention Activities on an 3A.1. (Annual). annual basis TANF Case Management Activities -- The TAN1I' Case Management 100% of individuals and 100°fie of Projects will serve a minimum number of individuals and households, as households served by TANF Case identified in section D-2.4.2. (Monthly) and section D-3,4.2. (Annual). Management Activities on an annual basis. E-U. For sections E-2.3,, E-2.4., and E-2.5. (as applicable) listed above, the Provider roust maintain documentation to support proof of service delivery, including but not limited to: receipts, case notes, Homeless verificationieiigibility forms, receipts for any direct clienilshelter costs, lease agreements, utility bills, HMIS reports, etc. In accordance with Section 402.73f 1-1 Florida Statues, and Mule 65-20,0017 =?orida Administmlive Code, by execution of this Contract the Provider hereby acknowledges and agrees that its performance under the Contract must meet the standards set forth above and will be bound by the conditions set forth in this Contract. If the Provider fails to meet these standards, the Department, at its exclusive option, may allow up to six (6) months for the Provider to achieve compliance with the standards. If performance CF Standard Contract 2019 42 Contract No. KPOO9' Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract deficiencies are not resolved to the satisfaction of the Department within the prescribed time, and if no -extenuating circumstances can be documented by the Provider to the Department's satisfaction, the Department must cancel the Contract with the Provider. The determination of the extenuating or mitigating circumstances is the exclusive determination of the Department. E-4. BACK-UP DOCUtafEN ATtOt~t Rtr Ut6tl=Nt hiiS Attachment Ell — Staffing Grant Back-up Documentation Requirements Attachment E2 -- Challenge Grant Back-up Documentation Requirements Attachment E3 — Emergency Solutions Grant Back-up Documentation Requirements Attachment E4 -� Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant Back-up Documentation Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 43 Contract No, KP009 Part 2 of 2 Miami -Dade County Homeless Trust Difice on Homelessness Unified Homelessness Contract ATTACHMENT El — STAFFING GRANT BACK-UP DOCUMENTATION REQUIREMENTS The applicability of this section is identified in section B-1.1. of this Contract. A complete and accurate Monthly Status Report and invoice and Match Report are required for payment from the Department. Additional backupdocumentation required for payment is Identified below and sorted by Monthly Deliverables identified in section D-2.1. of this Contract. CDC Board/Membership Meeting Activities • Meeting Minutes, or Meeting Agenda and Sign -in Sheet. CDC CommitteelSubcommitteeM Drkgroup Activities • Meeting Minutes, or Meeting Agenda and Sign -in Sheet, CDC Training and Technical Assistance Activities • Training Materials or Agenda, and • Sign -in Sheet, or. • Specific documentation of Technical Assistance Provided. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK OF Standard Contract 2019 44 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT E2 — CHALLENGE GRANT BACK-UP DOCUMENTATION REQUIREMENTS The applicability of this section is identified in section B-1.2. of this Contract. A complete and accurate Monthly Status Report and Invoice and Match Report (including Roll -up Report) are required for payment from the Department. Additional backup documentation required for payment is identified below and sorted by Monthly Deliverables identified in section- D-22 of this Contract. Challenge Grant activities must provide a detailed expenditure report by subcontractor. Below are examples of backup documentation that may fall info the identified categories. Challenge Grant housing Activities • Prevention Rental/Mortgage Assistance o Past Due Notice o Copy of Lease Agreement (first page and signature page) or Landlord Agreement Form with -signatures o Payment StatementlInvoice a Proof of Payment (cleared check,receipt, financial ledger, etc.) • Prevention Utility Arrears Assistance o Past Due notice o Prootof Address (see lease agreement above) o Payment StatementlInvoice c Proof of Payment (cleared check, receipt, financial ledger, etc.) • Rand Rehousing Rental Assistance (deposit and subsequent months rental assistance) o Copy of lease Agreement (first page and signature page) or Landlord Agreement Form with signatures o Proof of Payment- (cleared check, receipt, financial ledger, etc.) • Rapid Rehousing Utility Assistance o Letter Stating Arrears from Utility Company o Deposit Requirements/Information from Utility Company o Proof of Payment (cleared check, receipt, financial ledger, etc.) • Shelter Operations o Itemized Receipts for Eligible Purchases (including but not limited to supplies, phonefutilities, and other operating expenses) • Case Management- * Time Card/Sheet documenting the Hours dedicated to the Case Management Services Provided p Pay Stub of Staff Member being paid Challenge Grant Program Activities Case Management o Time CardlSheet documenting the Hours -dedicated to the Case Management Services Provided o Pay Stub of Staff Member being paid Challenge Grant Service Activities Case Management o Tirne-CardlSheet documenting the Hours dedicated to the Case Management Services Provided o Pay Stub of Staff Member being paid Street Outreach o Itemized Receipts for Eligible Purchases that address _urgent needs such as meals, blankets, clothes, and/or toiletries Transportation o Travel Reimbursement for Staff Members W Mileage documentation requires use of the DCF Travel Form o Program Participants' Use of Public Transportation Bus Passes -- itemized distribution of bus passes by recipient REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 45 Contract No. KP009 Part 2 of 2 Miami -Dade County.Homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT E3 — EMERGENCY SOLUTIONS GRANT BACK-UP DOCUMENTATION REQUIREMENTS The applicability of this section is identified in section B-1-3. of this Contract. A complete and accurate Monthly Status Report and Invoice and Match Report (including Roll -up Report) are required for payment from the Department. Additional backup documentation required for payment is identified below and sorted by Monthly Deliverables identified in section D-2.3. of this Contract, Emergency Solutions Grant activities must provide a detailed expenditure report by subcontractor. Emergency Solutions Grant Prevention Activities Prevention RentallMortgage Assistance o Past Due Notice a Copy of Lease Agreement (first page and signature page) or Landlord Agreement Focm with signatures o Payment StatemenVInvoice o Proof of Payment (cleared check, receipt, financial ledger, etc.) • Prevention Utility Arrears Assistance o fast Due Notice o Proof of Address (see lease agreement above) a Payment Statementlinvoice o Proof of Payment (cleared check, receipt, financial ledger, etc.) • Case Management a Time Card/Sheet documentina the Hours dedicated to the Case Management Services Provided o Pay Stub of Staff Member being paid Emergency Solutions Grant Rapid Rehousing ActivRies • Rapid Rehousing Rental Assistance (deposit and subsequent months rental assistance) o Copy of Lease Agreement -(first page and signature page) or Landlord Agreement Form with signatures o Proof of Payment (cleared check, receipt, financial ledger, etc.) Rapid Rehousing Utility Assistance o Letter Stating Arrears from Utility Company o Deposit Requirements/Information from Utility Company o Proof of Payment (cleared check, receipt, financial ledger, etc,) Case Management o Time Card/Sheet documenting the Hours dedicated -to the Case Management Services Provided o Pay Stub of Staff Member being paid Emergency Solutions Grant Street Outreach Activities • Case Management o Time Card/Sheet documenting the Hours dedicated to the Case Management Services Provided o Pay Stub of Staff Memberbeing paid Engagement o itemized Receipts for Eligible Purchases that -address urgent needs such as meals, blankets, clothes, and/or toiletries Transportation o Travel Reimbursement far Staff Members ■ Mileage documentation requires use of the DCF Travel Form o. Program Participants'' Use of Public Transportation Bus Passes — itemized distribution oftus passes by recipient Emergency Solutions Grant Emergency Shelter activities • Essential Services o Case Management ■ Time CardlSheet documenting the Hours dedicated to the Case Management Services Provided it Pay Stub of Staff Member being paid • Shelter Operations o Itemized Receipts for Eligible Purchases (including but not limited to supplies, phone/utilities, and other operating expenses) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CF Standard Contract 2019 46 Contract No, KP009 Part 2 of 2 Miami -Dade County homeless Trust Office on Homelessness Unified Homelessness Contract ATTACHMENT E4—TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) HOMELESSNESS PREVENTION GRAWT BACK-UP DOCUMENTATION REQUIREMENTS The applicability of this section is identified in section B-1.4. of this Contract. A complete and accurate Monthly Status Report and Invoice and Match Report (including Roll -up Report) are required for payment from the Department. Additional backup documentation required for payment is identified below and sorted by Monthly Deliverables identified in section D-2.4. of this Contract. TANF Homelessness Prevention Grant activities must provide a detailed expenditure report by subcontractor. TARF Homelessness Prevention Grant Financial Assistance Activities • Prevention'RentallMortgageAssistance o Past Due Notice o Copy of Lease Agreement (first page and signature page) or Landlord Agreement Form with signatures c Payment Statement/Invoice o Proof of Payment (cleared check, receipt, financial ledger, etc.) • Prevention Utility Arrears Assistance o Past Due Notice o Proof of Address (see lease agreement above) o Payment Statement/Involce o Proof of Payment (cleared check, receipt, financial ledger, etc.) TAME Homelessness Prevention Grant Case Management Activities • Time Card/Sheet documenting the Hours dedicated to the Case Management Services -Provided • Pay Stub of Staff Member being paid REMAINDER OF PAGE INTENTIONALLY LEFT BLANK CI" Standard Contract 2019 47 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract EXHIBIT F - METHOD OF PAYMENT F-1. BUDGET F-,L1. The Provider shall submit separate -line item budgets and narratives for each funding stream included in this Contract. The budgets must be approved in wfiting by the Contract Manager. Changes to the budget do not require an amendment unless the award total -for the funding stream changes. Any change must be approved by the Department (Contract Manager and/or Office on Homelessness) prior to implementation through a technical adjustment. F-1.1.1. Budget Changes -The Provider must submit to the Department a written request for budget changes and obtain written approval before a change is implemented. Such changes between categories within a funding stream may be allowed if the following conditions are met and do not -require an amendment: F-1:1.1.1. There is no change in the scope or objectives of the contract. F-1.1.1 The changes do not increase or decrease the total fiscal year budget amount per funding stream as applicable and identified in sections F-2.1.1., F-2.1.2., F-2.1.3,, and F-2.1.4. below. F-1.1.1;3. There is another category in the budget from which funds can be shifted. F-1=1.1.4: The -changes do not involve establishing a new category. F-1.1.1.5. Budget changes which do not meet the above conditions -will require a properly executed contract amendment, signed -by the Provider and the -Department on or before the effective date of -implementation. F-1.2. The Provider may invoice for Administrative Costs as -applicable and identified in section B-1 of this Contract. Applicable Administrative rates are as follows: F-1.2.1. Challenge Grant - Administrative costs for the Challenge Grant may not exceed 8% of the total grant award. F-12.2. Emergency Solutions Grant: (ESG) - Administrative costs for ESG may not exceed five percent (5%l of -the total grant award. F-1.2.3. Temporary: Assistance for Needy Families (TANF) Homelessness Prevention Grant -Administrative costs for the TANF Homelessness Prevention Grant may not exceed three percent (3%) of the total grant award: F-2. PAYMENT CLAUSE F-2.1. This is a multi -year fixed price and/or cost reimbursement contract for the provision of services to homeless persons. The Department shall pay the Provider for the delivery of service units provided in accordance with terms of this contract for a total dollar amount not to exceed $1,506,674.55 subject to availability of -funds. The total contract amount shall be allocated as follows: F15CAL YEAR : ANNUA. L`FUNPINN 2019-2020 502,224.85 �2020-2021 502; 224.85 2021-2022 502,224.85 , -- `- Total �LL 1,506,674.55 F-2.1.1. Staffing -Grant - The Department agrees to pay for the service units at the p; ices and limits listed below for Lead Agency Staffing Activities: FISCAL YEAR - UNITOF SERJICE UNITS t -RATE 1=1SCAL YEAR TOTAL i 2019-2020 2019-2020 One Month of Lead Agency- Staffing Activities -- One Month of Lead Agency Staffing. Activities 1 11 $8,928,58 I $8,928.57 $107,142,85 2020-2021 One Month of Lead Agency Staffing Activities 1 $8,928.58 $107,142.85 1---.-2020-2021 One Month of Lead Agency Staffing Activities 11 $8,928.57 2021-2022 One Month of Lead Agency Staffing Activities 1 $8,928.58 mm$107,142.85 2021-2022 1 One Month of Lead Agency Staffing Activities 11 $8,928.57 CF Standard Contract 2019 48 Contract No. KP009 Part 2 of 2 Miami -Dade County Homeless Trust Office on Homelessness Unified Homelessness Contract _ ....---. .... .._ . _. - — --- - - - -.-..- ___---- [ _ Total $321,428.55 F-2.1.2. Challenge Grant- The Department agrees to ;-eirnburse for allowable costs listed below for Challenge Grant Activities: FISCAL YEAR, ..UNITS T RATE ; FISCAL"YEAR-TOTAL 2019-2020 ; One Month of Eligible Challenge Grant Activities NIA i N/A NIA 2019-2020 One Month of Eligible Challenge Grant Activities ^ 12 N/A 148,500.00 2020-2021 One Month of Eligible Challenge Grant Activities NIA NIA NIA - 2020-2021 One Month of Eligible Challenge Grant Activities 12 NIA 148,500.00 - 2021-2022 One Month of Eligible Challenge Grant Activities ' NIA f<ir'A N/A� 2021-2022 One Mont,`) of Eligible Challenge Grant Activities 12 NIA 148,500.00 Total 445,500.00 F-2.1.3. Emergency Solutions.Grant (ESG) -The Department agrees to reimburse for allowable osts listed below for ESG Activities: FISCAL YEAR UNIT OF SEW ICE ` UNITS , RATE I FISCAL YEAR TOTAL' , 2019-2020 2019-2020 One Month of Eligible-ESG Activities One Month of Eligible ESG Activities N/A 12 -NIA NIA NIA 200,000,000 2020-2021 2020-2021 One Month of Eligible ESG Activities One Month of Eligible ESG Activities NIA 12 NIA ! NIA NIA 3 200,000.000 � 2G21-2022 l One Month of Eligible ESG Activities N/A NIA NIA 2021-2022 One Month of Eligible ESG Activities ' 12 NIA 200,000,000 -Total i 600,000:00 F-2.1.4. Temporary Assistance for Needy Families (TANF) Homelessness Prevention Grant- The Department agrees to reimburse for allowable costs listed below for TANF Homelessness Prevention Grant Activities: FISCAL UNITS UNITOF 3ERSERVICERATE= FISCAL Y�t� j YFAi TOTAL . 1 One Month of Eligible TANF Homelessness Prevention I 2019-2020 i Grant Activities N/A N/A VIA��^ One Month of Eligible TANF Homelessness Prevention I 2019-2020 Grant Activities 12 NIA $46,582.00 2020-2021 One Month of Eligible TANF Homelessness Prevention NIA NIA I XXXX Grant Activities 2020-2021 One Month of Eligible TANF Homelessness Prevention 12 N/AGrant Activities $46,582.00 One Month of Eligible TANF Homelessness Prevention 4 i 2021-2022 Grant NIA Activities � N/A NIA �--.-- One Month of Eligible TANF Homelessness Prevention ; 2G21-2022 Grant Activities 12 NIA $46,582.00 Total $139 746.00 F-2.1.5. The Provider shall deliver quarterly reconciliations to the Department (Contract Manager) for this Contract. This report must reconcile actual expenditures to payments issued by the Department. The Department reserves the CF Standard Contract 2019 49 Contract No. KP009 Part 2 of 2 MiamiQgde County Homeless Trust Office on Homelessness Unified Homelessness Contract right to request reimbursement for payments issued to the Provider that exceed the eligible expenditures documented during the quarter being reviewed. F2.2. Cost'Reimbursement -- Cots associated with carrying out services under this contract will first be paid by the Provider or Subcontractor. The Provider willsubmitinvoices for eligible costs to the Department for reimbursement in accordance with the Department of Financial Services Reference Guide for State"Expenditures which is incorporated by reference. F-2.2.1. Challenge Grant-- The applicability of this section is -identified in sections B-1.2. and F-2.1.2. of this Contract. The Challenge .Grant is a cost reimbursement grant funded by state funds pursuant to program guidelines under Section 420.6M4t. Florida Statutes, The Department shall reimburse the Provider for allowable expenditures incurred pursuant to the terms of this Contract for a total dollar amount identified in section F2.1.2„ subject to availability of funds. F-2.21, Emergency Solutions Gant (ESG3 -- The applicability of this section is identified in sections B-1.3. and F-2.1.3. of this Contract. The ESG is a cost reimbursement grant funded by federal funds pursuant to program guidelines under 24 CFR Part 576 and 2 CFR Dart 200. The Department shall reimburse the Provider for allowable expenditures incurred pursuant to the terms of this Contract for a total dollar amount identified in section F-2.1.3., subject to availability of funds. F-2.2.3. Temporary Assistance for Needy Families (TANF} Homelessness Prevention Grant — The applicability of this section is identified in sections 8-1.4, and F-2.1.4. of this Contract. The TANF Homelessness Prevention Grant is a cost reimbursement grant funded by federal funds pursuant to program guidelines under the TANF Block Grant, 46 CFR Part 260, 2 CFR Part 200' and Sectien.414. e 61. Florida Statutes, The Department shall reimburse the Provider for allowable expenditures incurred pursuant to the terms of this Contract for a total dollar amount identified in section F-2.1.4., subject to availability of funds. F-3. INVOICE REQUIREMENT s F-3.1. The Provider shall be paid in accordance with the schedule of payment specified in Section F-11, To receive payment, the Provider shall deliver the supporting documentation to verify successful completion, identified in Attachments E1--E4 of this Contract no later than 15 days after the completion of each month of service. F-3.2. The Provider shall submit invoices using -the templates provided in Attachments F1-1=4, Invoices submitted for various services under this grant shall be evaluated for completeness and accuracy for payment independently of each other. F•3.3. Fixed price payments may be authorized only for service units on the invoice, which are in accord with the above list and other terms and conditions of this contract. The service units for which payment is requested may not either by themselves, or cumulatively by totaling service units on previous invoices, exceed the total number of units authorized by this contract. F-3.4. The Provider may submit invoices and supporting documentation electronically, provided the invoice submission is -clearly legible and contains a full -color electronic signature by the Provider's designated representative attesting to the completeness and accuracy of the submission and all supportive documentation for payment under cost reimbursement. F-3.5. The Provider shall submit a final invoice for payment no later than 45 days after the end of each State Fiscal Year associated with this Contract, after the expiration of this Contract, or after this Contract has been terminated for any reason. F-3.5.1. Failure to submit a timely final invoice will result in a forfeiture of all rights to payment and the Department shall not honor any requests submitted after the aforesaid time period. F-3.5.2. The Department shall withhold any payment due until the reports required by.Affachments F1—F4-have been submitted by the Provider and accepted by the Department. F-3.6. Pursuant to Sections 215.971, Florida Statutes, as a Provider or subcontractor of federai-or state financial assistance, the Provider may expend funds only for allowable costs resulting from obligations incurred from July 1, 2019 through -June 30, 2022, in accordance with the Department of Financial Services Reference Guide for State Expenditures which is incorporated by reference. A copy can be obtained upon request to the Contract Manager or can be located on the Florida Department of Financial Services website. F-3.6.1. Pursuant to Secticri 215,971, l* odda Statutes, any balance of unobligated funds which has been advanced or paid must be refunded to the Department. F-3.6.2. Pursuant to Sections 215.07i. Florida. Statutes, any funds paid in excess of the amount to which the Provider or subcontractor is entitled under the terms and conditions of this contract must be refunded to the Department. CF Standard Contract 2019 so Contract No, KPoo9 Part 2 of 2 Miami -Glade County Homeless Trust Attachment. CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CON -TRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds Have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in. connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or mcdlfication of any federal contract, grant, loan, or cooperative agreement: (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress; an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL., "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be Included in the award -documents for all subawaras at all tiers (including subcontracts, spbgrants, and contracts under grants, loans and cooperative agreements) and that all suhrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a -prerequisite for making or entering into this transaction imposed by section 1352, Title 3.1, U.S. Code. Any person who fails to -file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. I . Z�_ /,Zsignature: 71 Date: Application or Contract ID Number KPO00 Name of Authorized Individual Application or Contractor: MIAMI DADE COUNTY HOMELESS TRUST Address of. Organization 111 NW 18t Street. suite 2710 Miami, FL 33128 CF 1193 Effective July Z015 (CF-1123-1516) ATTACHMENT B BUDGET W-9 FORM AFFIDAVITS State Challenge Grant for Homeless Resource Center - DRAFT Budget (2) Line Item Explanation Total 1 FTE Team Leader $46,000 + FICA (7,65%) + Benefits (70%) $81,719 Equipment Updated phones $4,259 City of Miami Admin 5% of line items $4,299 Total Request $90,277 City Match 25% of Total Request $22,569 Total Budget $112,846 Grant total $148,500 $58,223 Proposed outcomes 10% reduction in wait time 10% increate in placement to shelter 10% increase in referral to other servuces, ie housing, meals, housing, other services Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department ofthe Treasury send to the IRS. - internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 7 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above m a) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4, Exemptions (codes apply only to � following seven boxes. certain -entities, not individuals; see a instructions on page 3): p ❑ Individual/sole proprietor or ElC Corporation ElS Corporation ElPartnership ElTrust/estate c single -member LLC Exempt payee code (if any) Z,'v ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p � Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check -the Exemption from FATCA reporting *• w LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of LLC is code (if any) o another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. tl ❑ other (sea instructions) ► (aypNestoaCCWnrsmamrainedoutsUathe U.s.) CL 5 Address (number, street, and apt, or suite no.) See instructions- Requester's name and address (optional) w m 8 City, state, and ZIP code 7 List account number(s) here (optional) JjM Taxpayer Identification_ Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSNr. However, for a — IDT LJ�LJ resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later.. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for -guidelines on whose number to enter. I IMIN Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a faliure to report ail interest or dividends, or (c) the IRS has notified me that l am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4- The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions toanindividual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for -Part 11, later. Sign Signature of - Here U.S. person► Date► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Miami -Dade County's Affidavits and Declarations Miami -Dade County requires each party desiring to enter into a contract with Miami -Dade County to; (1) Sign an affidavit as to certain matters and (2,1 make a declaration as to certain other matters. This form- contains both Affidavit forms for matters requiring the entity to sign under oath and Declaration forms for matters requiring only an affirmation or declaration for other matters. Each section of this form trust be read, and initialed in the top right hand box indicating acceptance and/or compliance with the County's policy related to the particular affidavit. For affidavit sections that you do not believe are applicable to your organization, please indicate this by placing 10" in the box next to N/A. ALL SECTIONS MUST BE COMPLETED THE FOLLOWING MATTERS REQUIRE THE ENTITY TO SIGN AN AFFIDAVIT UNDER OATH: STATE OF ( ) COUNTY OF ( ) COUNTRY OF ( ] Before me the undersigned authority appeared (Print Name), who is personally known to me or who has provided as identification and who did swear to the following: That he or she is the duly authorized representative of (Name of Entity) (Address of Entity) addresses are not acce otable, Federal Employment Identification Number Post Office (hereinafter referred to as the contracting "entity"), and that he or she is the entity's (Sole Proprietor) (Partner)(President or Other Authorized Officer) That he or she has full authority to make this affidavit, and that the information given herein and the documents attached hereto are true and correct, and That he or she says for the following fifteen (16) Affidavits and Declarations: ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 1 of 11 Miami -Dade County's Affidavits and Declarations Pertains O 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (SECTION 2-8.1 N/A D OF THE COUNTY CODE) Initial(--) ; If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (S%) or more of the corporation's stock. If the. contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shale not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the Stateorany political subdivision or agency thereof or any municipality of this State. All such names and address are outlined below: Post Office addresses are not acceptable. (Full Legal Name, Address, % Ownership) (Full Legal Name, Address, 0/-Owner-ship) (Full Legal Name, Address, % Ownership) II (Full Legal Name, Address, % Ownership) The full legal names and business address of any other individual (other than subcontractors, material person, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Miami Dade County are: Post office addresses are not acceptable - Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars-($500.00) or imprisonment in jail for up to sixty (60) days or both. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 2 of 11 Miami -Dade County's Affidavits and Declarations 2. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (COUNTY Pertains ❑ ORDINANCE 90-133, AMENDING SECTION 2.8-1; SUBSECTION (d}(2) OF THE _N/A ❑ COUNTY CODE) JuitiaL( ) Except where precluded by Federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of then thousand dollars ($10,000) or more shall require the entity contracting or transaction business to disclose the following_ information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. Does your firm have a collective bargaining agreement with its employees? ❑ Yes ❑ No Does your firm provide paid health care benefits for its employees? ❑ Yes ❑ No Provide a current breakdown number ofpersons) of our firm's work force and ownership (below): White. Males Females Black: Males Females Hispanic: Males I Females i Asian: Males Iemales American Native: Males I Females Aleut (Eskimo): Males Females ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 3 of 11 Miami -Dade County's Affidavits and Declarations 3. MIAMI-DADE COUNTY AFFIRMATIVE ACTION / NONDISCRIMINATION OF EMPLOYMENT, PRDMOTION AND Pertains ❑ hl/A ❑ PROCUREMENT PRACTICES (COUNTY ORDINANCE 98-30 CODIFIED AT 2-8.1.5 OF THE COUNTY CODE) Initial(_] Pursuant to Miami -Dade County's Ordinance No. 98-30, Section 2-8.1.5, entities with annual gross revenue in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: 1) a written- affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices and 2) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans -and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing,..not withstanding, corporate entities whose board of directors arerepr esentative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have a written affirmative action plan and procurement policy in order to receive a County contract. The foregoing presumption may be rebutted. The requirements of this section may be waived upon written recommendation of the County Manager that it is in the best interest of the County to do so and approval of the County Corn -mission by majority vote of the members present. Based on the above, please complete the affidavit as directed and return the completed affidavit along with a cover letter on your company's letterhead, listing the company's address, phone and fax numbers, and any required documents, to: Miami -Dade County, Depa-rtment of Procurement Management Affirmative Action Plan :snit 111 NW 1st Street, 13th Floor Miami, FL 33128 Yes ❑ .o ❑... My company has an affirmative action plan and procurement policy and is available for review. My company has annual gross revenues in excess of $5,000,000. Yes ❑ No 0. Therefore, our company's affirmative action plan and procurement policy is available for review. Yes ❑ No O My company has annual gross revenues less than $5,000,000. If at any time the Miami Dade County has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, the County may refer the matter to -the State Attorney's Office and/or other investigative agencies. The County may initiate debarment and/or pursue other remedies in accordance with Miami -Dade County policy and/or applicable federal, state and local laws. 4. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT Pertains ❑ . N/A (SECTION 2-8.6 OF THE COUNTY CODE) ❑ Initial f 1 i The individual or entity entering into a contract or receiving funding from Miami -Dade County 0-has ❑ has not, as of the date of this affidavit, been convicted of a felony during the past ten (10) years. An officer, director, or executive officer of the entity entering into a contract or receiving funding from Miami -Dade County ❑ has ❑ has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 4 of 11 Miami -Dade County's Affidavits and Declarations ----- --..... Pertains ❑.. S. PUBLIC ENTITY CRIMES AFFIDAVIT (SECTION N/A ❑ 287.133(3)(a), FLORIDA STATUTES) Initial (_1 The individual or entity entering into a contract or receiving funding from Miami -Dade County understands the following: That a "public entity crime" as defined in Paragraph 287.133 (1) (g) Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state of the United States of America, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States of America and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. That "Convicted" or "conviction" as defined in Paragraph 287.133 (1) (b) Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal state trial court of record relating to charges brought by indictmentor information after July 1,1989, as a result of a jury verdict, non - jury trial, or entry of plea of guilty or nolo contendere. That an "affiliate" as defined in Paragraph 287.133 (1) (a) Florida Statutes means a) a predecessor or successor of a - person convicted of a public -entity crime; orb) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one. person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm', length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. That a "person" as defined in Paragraph 287.133 (1) (e) Florida Statutes means any natural person or entity organized under the laws of any state or of the United States of -America with the legal power to enter -into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an entity. Based on information and belief, the statement as marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies by applying the individual initials near the box). ❑ Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, -shareholders, employees, members or agents who are active in the management of the entity, nor an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. ❑ The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months; and O yes an additional statement is applicable or D no an additional statement is not applicable. O The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there have been subsequent proceedings before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the "Convicted Vendor List". The individual or entity entering into a contract or receiving funding from Miami -Dade County understands that he or she is required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017 Florida Statues for Category 2 of any change in the information contained in this form. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 5 of 11 Miami -Dade County's Affidavits and Declarations 6. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT ` Pertains ❑ (County Ordinance No,142-91 codified as Section 11A-29 et. N/A-.. 0... seq of the County Code) Initial ( ) That in compliance with Ordinance No.142-91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. 7. MIAMI-DADE COUNTY DISABILITY NONDISCRIMINATION Pertains ❑ AFFIDAVIT (County Resolution R-385-95) N/A ❑ Initial (__} That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: 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 II, Public Services; Title III, Public Accommodation 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. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political_ subdivision or agency thereof or any municipality of this State. S. MIAM-I-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE Pertains ❑ FEES OR TAXES (Sec. 2-8.1(c)_ of the County Code) N/A ❑ .'initial [ ) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and - currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 6 of 11 Miami -Dade County's Affidavits and Declarations I Pertains ❑ I� 9. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS NIA ❑ Initial (__j The -individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 10. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At 11A- Pertains ❑ 60 Et. Seq, of the Miami -Dade County Code). N/A ❑II Initial [� The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99- 5, codified at 11A-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business frlty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. 11. MIAMI-DADS COUNTY__ EMPLOYMENT DRUG -FREE WORKPLACE Pertains ❑ AFFIDAVIT (County Ordinance No. 92-15 codified as Section 2- N/A ❑ 8.1.2 of the County Code) Initial () Thatin compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, Florida, the above named person or entity- is providing a drug -free. workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace; 2. the firm's policy of maintaining a drug -free environment at all workplaces; 3. availability of drug counseling, rehabilitation and employee assistance programs; 4. penalties that maybe imposed upon employees for drug abuse violations. The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days -after receiving notice of such conviction and impose appropriate personnel action against the employee up - to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare economic benefits and well-being.of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 7 of 11 Miami -Dade County's Affidavits and Declarations 12. ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF Pertains ❑ ' I N/A ❑ COUNTY FUNDING SUPPORT Initial ( ) By initialing this subsection and accepting County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. 13. MIAMI-DADE COUNTY RESOLUTION NO. R-630-13 REQUIRING A DETAILED PROJECT BUDGET, SOURCES AND USES STATEMENT, CERTIFICATIONS AS Pertains ❑ TO PAST DEFAULTS ON AGREEMENTS WITH NON -COUNTY FUNDING N/A ❑ SOURCES, AND DUE DILIGENCE CHECK Initial �) Pursuant to Miami -Dade County Resolution No. R-630-13, requiring a detailed project budget, sources and uses statement, certifications as to past defaults on agreements with non -county funding sources and due diligence check p-rior to the County Mayor or County Mayor's designee recommending a commitment of .Miami -Dade County funds to Social Services, Economic Development, Community Development, and Affordable Housing Agencies and Providers. The undersigned entity certifies, to the best of his or her knowledge and belief, that: 1. Within the past five (5) years, neither the Agency nor its directors, partners, principals, members or board. members: (i) have been sued by a funding source for breach of contract or failure to perform obligations under a contract; [ii) have been cited by a funding source for non-compliance or default under a contract; NO have been a defendant in a lawsuit based upon a contract with a funding source. Please list any matters which prohibit the Agency from making the certifications required and explain how the :natters are being resolved (use separate sheet if necessary): 14. MIAMI-DADE COUNTY RESOLUTION No. R-478-12 NOT TO USE PRODUCTS Pertains ❑ .N/A ❑ OR FOODS CONTAINING -"PINK SLIME" Initial () _Pursuant to Miami -Dade County Resolution No. R-478-12, the undersigned certifies, not to use meat products containing "Pink Slime" in food provided or served as part any food program; urging all who provide food services or operate a food program to immediately discontinue using meat products containing "pink slime" in food provided or served in these programs. ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 8 of 11 Miami -Dade County's Affidavits and Declarations 15. MIAMI-DADE COUNTY REQUIRED LOBBYIST REGISTRATION FOR Pertains D ORAL PRESENTATION Section 2-11.1(i)(2) CONFLICT OF INTEREST N/A D AND -CODE OF ETHICS ORDINANCE Initial All lobbyists shall register with the Clerk of the Board of County Commissioners within five (5) business days of being retained as a lobbyist or before engaging in any lobbying activities, whichever shall come first. Every person required to so register shall: 1. Register on forms prepared by the Clerk; 2. State under oath his or her name, business address and the name and business address of each person or entity which has employed said registrant to lobby. If the lobbyist represents a corporation, the corporation shall also be identified. Without limiting the foregoing, the lobbyist shall also identify all persons holding, directly or indirectly, a five (5) percent or more ownership interest in such corporation, partnership, or trust. Registration of all lobbyists shall be required prior to January 15 of each year and each person who withdraws as a lobbyist for a particular client.shall file an appropriate notice of withdrawal. 3. Prior to conducting any lobbying, all principals must file a form with the Clerk of the Board of County Commissioners, signed by the principal or the principal's representative, stating that the lobbyist is authorized to represent the principal. Failure of a principal to file the form required by the preceding sentence may be considered in the evaluation of a bid or proposal as evidence that a proposer or bidder is not a responsible contractor. Each principal shall file a form with the Clerk of the Board at the point in time at which a lobbyist is no longer authorized to represent the principal. 0 By initialing.here, the -principals or principal's representative have filed with the Clerk of the Board of County Commissioners stating that a lobbyist is authorized to represent the principal. 4. Any public officer, employee or appointee who only appears in his or her official capacity shall not be required to register as-alobbyist. S. Any person who only appears in his or her individual capacity for the purpose of self -representation without compensation or reimbursement, whether direct, indirect or contingent, to express support of or opposition to any item, shall not be required to register as a lobbyist. 6. Any person who only appears as a representative of a not -for -profit corporation or entity (such as a charitable organization, or a trade association or trade union), without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support of or opposition to any item, shall register with the Clerk as required by the Ordinance subsection, but, upon request, shallnotbe required to pay any registration fees. The Clerk of the Board of County Commissioners shall notify the Commission on Ethics and Public Trust of the failure of a lobbyist or principal to file a report and/or pay the assessed fines after notification. A lobbyist or principal may appeal a fine and may request a hearing before -the Commission on Ethics and Public Trust. A request for a hearing on the fine must be filed with the Commission on Ethics and Public Trust within fifteen (15) calendar days -of receipt of the notification of the failure to file the required disclosure form. The Commission on Ethics and Public Trust shall have the authority to waive the fine, in whole or part, based on good cause shown. The Commission on Ethics and Public Trust shall have the authority to adopt rules of procedure regarding appeals from the Clerk of the Board of County Commissioners. Except as otherwise provided .in subsection of the Ordinance, the validity of any action or determination of the Board of County Commissioners or County personnel, board or committee shall not be affected by the failure of any person to comply with the provisions of this subsection(s). (Ord. No. 00-19, § 1, 2-8-00; Ord. No. 01-93, § 1, 5-22- 01; Ord. No. 01-162., § 1, 10-23-01; Ord. No. 03-107, § 1, 5-6-03) ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 9 of 11 Miami -Dade County's Affidavits and Declarations Pertains 0 16, Disclosure SUBCONTRACTOR / SUPPLIERLISTING (ORDINANCE 97-104) N/A 0 ;Initial [_) This form, or a comparable form meeting the requirements of Ordinance 97-104, must be completed by all bidders and proposers on Miami -Dade County contracts for purchase of supplies; materials or services, including professional services which involve expenditures of $100,000.00 or more, and all bidders and proposers on County or Public Health Trust construction contracts which involve expenditures of $100,000.00 or more. This form or a comparable form meeting the requirements of Ordinance 97-1.04, must be completed and submitted even though the bidder or proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading, in those instances where no subcontractors or suppliers will be used on the contract. A bidder or proposer who is awarded the contract shall not change or substitute First tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to he supplied from those identified except upon written approval of the County. Business -Name and Address of First Tier Subcontractor Subconsultaut Principal Owner Scope of Work to be Performed by Subcontractor/Subconsultant [Principal -Owner) Gender Race Business Name and Address of Direct Supplier Principal Owner Supplies/Materials/Services to be Provided by -Supplier - (Principal Owner) Gender Race I certify that the representations contained sr. this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate. Signature of Authorized Representative Print Name (Duplicate if additional space is needed) i ) Date Print Title ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 10 of 11 Miami -Dade County's Affidavits and Declarations r�r I have carefully read this entire 11-page document entitled, "Miami -Dade County's Affidavits and Declarations" and agree to; (1) sign an affidavit as to certain matters and (2) make a declaration as to certain other matters. This form contains both Affidavit forms for matters requiring the entity to sign under oath and Declaration forms for mattersrequiringonly an affirmation or declaration for other matters. By: BY SIGNING AND NOTARIZING THIS PAGE YOU ARE ATTESTING TO AFFIDAVITS AND DISCLOSURES 1.-16 MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE Signature of Witness or Secretary Seal Signature ofAffiant Printed Name of Affiant and Name of Agency Address of Agency ,20 Date Federal Employer Identification Number SUBSCRIBED AND SWORN -TO (or affirmed) before me this day of .120. He/She is personally known to me or has presented Signature of Notary Type of identification Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of County of as identification. Notary Seal ATTACHMENT D "Miami -Dade County Affidavits and Declarations" Page 11 of 11 f—fl.P-Pp*ppp-p*mpfppfO0Ap�op9T9p 19 � \ » _ w \�° � \� PO i V PA 19 p 19 pa; Memorandum5NAM Date: September 27, -2019 To: Miami -Dade County Homeless Trust Board Members From: Victoria Mallette, Executive Director Homeless Trust Homeless Trust Subject: Revised Incident Reporting Form On September 9, 2015, the Homeless Trust Board passed a policy to define the process for receiving and processing incident reports. The policy outlined the types of critical incidents which must be reported to the Continuum of Care's Incident Report Coordinator, M-iguel Pimentel. For each critical incident, a report must be submitted to the Kami-Dade County Homeless Trust within one business day. When a critical incident occurs, subcontracted provider staff should 1) take action to ensure the health, safety and welfare of all individuals involved in the incident, and 2)-conta-ct law enforcement, emergency responders of the Abuse Hotline. The incident reporting form has been significantly updated to include both wrong -doing, as well as allegations of wrongdoing. Reporting is required for both client -related and staff related incidents. Of particular note, sexual battery has been included in the- listing as State law has outlined "Failure to report any known or suspected abuse of any -kind of a child is a third-degree felony that may result in a prison sentence of 5 years, and a -fine of $5,000 (Refer to Chapter 39 & 415 of the Florida Statutes). " The revised Incident Reporting -Form is attached. This is an information only item. Attachment Maurice L. Kemp, Deputy Mayor Shannon Summerset, Esq., Assistance County Attorney Pagel of MIAMI-D bcb-nrr E;rcdlence Every bez ATTACHMENT C INCIDENT REPORT CHECK IF CRITICAL ❑ IDENTIFYING INFORMATION Reporting Party Phone # f 1 Date of Incident / / Time of Incident : am/pm Reporting Party Name Contract Provider Name Program Name Provider Location Specific Category: (check all that apply) ❑ Allegation or wrongdoing ❑ Wrongdoing (as acknowledged by a third party designated to investigate these claims i.e. law enforcement detained individual, or DCF accepted abuse report) Specific iocutionl address where incident occurred. TYPE OF INCIDENT CLIENT RELATED ❑ ALTERCATION ❑ CLIENT INJURY OR ILLNESS El SEXUAL BATTERY ❑ PROPERTYDAMAGE ❑ OTHER INCIDENT Specify 1 of 4 ❑ CLIENT DEATH ❑ THEFT ❑ SUICIDE ATTEMPT ❑ ABUSE OR NEGLECT MIAM�U=Alx I _bcli rris Excel txre £ve u'15g U ATTACHMENT C * Failure to report any known or suspected abuse of any kind of a child is a third-degree felony that may result in a prison sentence of 5 years, and a fine of $5,000 (Refer to Chapter 39 & 415 of the Florida Statutes). STAFF RELATED ❑ INAPPROPRIATE EMPLOYEE ACTS OR OWSSIONS THAT RESULT IN CLIENT INJURY ABUSE, NEGLECT, OR DEATH ❑ FRAUD ❑ THEFT ❑ BREACHES OF CONFIDENTIALITY C]IMPROPER EXPENDITURE OR COMMITMENT OF PUBLIC FUNDS -OR-CONTRACT MISMANAGEMENT 0 COMP UTER RELATED MISCOND UCT OANY VIOLATION UNDER §435, F.S., TITLES EMPLOYEE SCREENING, THAT WO ULD RESULT IN DISQ UALIFICATION FROM CLIENT CONTACT D UTIES ❑ FALSIFICATION OF OFFICIAL RECORDS ❑ MISUSE OF POSITION OR STATE PROPERTY, EMPLOYEES, EQUIPMENT, OR SUPPLIES FOR PERSONAL GAIN OR PROFIT ❑ FAIL URE TO REPORT KNOWN OR SUSPECTED NEGLECT OR ABUSE OF A CLIENT El OTHER INCIDENT THAT WOULD BE A VIOLATION OF STATUTE, RULE, REGULATION OR POLICY Specify 2 of 4 M IAM I-E I Z)f�J'lerig FyvedlEHC[ � cry ZCy �J ATTACHMENT C PARTICIPANT (S) / WITNESS (ES) (Please mark W or P for either Witness or Participant) Staff ID # or Client HMIS # CLIENT EMPLOYEE OTHER W / P ❑ ❑ ❑ ❑ Wor❑P ❑ ❑ ❑ ❑Wor❑P ❑ ❑ ❑ ❑Wor❑P DESCRIPTION OF INCIDENT Give detailed account — who, what, where, when, why, how — add pages if necessary CORRECTIVE ACTION AND FOLLOW UP Immediate corrective action taken Is follow up action needed? ❑ Yes ❑ No If yes, specify INDIVIDUALS NOTIFIED Abuse Registry 1-800-962-2873 Applicable Law Enforcement Department Indicate name of person contacted, if report was accepted, the date and time if called or copy of report Incident Reports — The Subrecipient must report to Miami -Dade County Homeless Trust information related to aan critical incidents occurring during the administration term of its programs. In addition to reporting this incident to the appropriate authorities the Subrecipient must within twenty-four (24) hours of any incident, submit in writing a detailed account of the incident. This incident report should be addressed to the Contract Officer or Administrative Officer assigned. This incident report should be addressed to Miami -Dade County Homeless Trust, 111 NW First Street, 27t1' Floor, Suite 310, Miami, Florida 33128; telephone (305) 375-1490 and faesmilie (305) 375-2722. 3 of 4 M1AM14 E 13i��ILi1 2-Wi'rcrr�5 FYce/lexre Beery Z)aJ ATTACHMENT C Definitions of Reportable Client Incidents a. Altercation. A physical confrontation occurring between a client and employee or two or more clients at the time services are being rendered, or when a client is in the physical custody of the department, which results in one or more clients or employees receiving medical treatment by a licensed health care professional. b. Client Death. A person whose life terminates due to or allegedly due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in Homeless Trust contracted program facility. c. Client Injury or Illness. A medical condition of a client requiring medical treatment by a licensed health care professional sustained or allegedly sustained due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Homeless Trust contracted program. d. Other Incident. An unusual occurrence or circumstance initiated by something other than natural causes or out of the ordinary such as a tornado, kidnapping, riot, or hostage situation, which jeopardizes the health, safety and welfare of clients. Sexual Battery. Any allegation of a program participant or program staff intentionally touching a minor or another person without their consent. This includes incidents of inappropriate verbal offenses, incidents that occur outside of the residence, and incidents were the program participant was victimized by someone outside of the residence. Incidents involving a minor, person who is 60 or older, or someone who is disabled must be reported to the DCF. £ Abuse or Neglect. Any physical maltreatment of a child, disabled person, or someone age 60 or older. Any failure to act on the part of the parent or care taker, which results in harm to a child, disabled person, or someone age 60 or older. g. Suicide Attempt. An act which clearly reflects the physical attempt by a client to cause his or her own death while in the physical custody of the department or a departmental contracted or certified provider, which results in bodily injury requiring medical treatment by a licensed health care professional. h. Property Damage. An incident involving damage to property procured with Homeless Trust funding. 4 of 4 Challenge Grant City of Miami and Homeless Trust FY 21-22 71112021 - 6/30/2020 Total amount remainin Service Heeds $142,313A0 Activity Description BUDGET TOTAL Outreach Outreach 1 FTE Team Leader $46,000 + fringe (7.65%) and benefits (70%) $81,719.00 $ $81,719.00 HT Training training cost - Housing Innovation homeless helpline $51,246,00 $ $51,246.00 HT Transporation Staff travel cost $5,089.00 $ $ 5,089.00 Equipment Update phones for the outreach workers $4,259.00 $ $ 4,259.00 Admininistration $6,187.00 Activity Description BUDGET TOTAL City of Miami Administration cost $4,299.00 $ $ 4,299.00 HT Administration cost $1,888.00 $ 1,888.00 TOTAL PROGRAM BUDGET $148,500.00 $ - $ 148,500.00 City of Miami MATCH AMOUNT $22,569.00 $ - $22,669.00 $ - $14,556.00 HT MATCH AMOUNT $14,556.00 TOTAL MATCH AMOUNT $ 37,125.00 $37,125.00 Org Code Description Deliver - able Served this Month Approved Budget pp 60303037209 Housing Need 1 $ 60303038209 Program Need N/A $ - 60303039209 Seraice Need 1 $ 142,313.00 60303040209 Admin $ 6,187.00 M lf�M NDiADE Memorandum Da*--: December 17, 2021 To: Miami -Dade County Homeless Trust Board Members From: Victoria Mallette, Executive Director Miami -Dade County Homeless Trust Subject. Department of Children and Families Challenge Grant Background The Homeless Trust is the collaborative applicant for a Department of Children and Families (DCF) Unified Funding Agreement (UFA) which includes the Challenge Grant, Emergency Solutions Grant, Temporary Assistance for Needy Families, as well as a CoC Staffing Grant. The UFA is a three-year contract which is set to expire on lane 30, 2029. The Homeless Trust competitively bid these grants in 2019 and awarded funds to non -profits who provide direct services to persons experiencing and at -risk of homelessness. Citrus Health Network was awarded $148,500.00 to provide youth -focused Rapid Re- housing through the Challenge Grant. At the time of award, DCF required a 100% match for funds awarded, but they changed the match requirement for the current fiscal year to 25%. Citrus Health Network noticed the Trust in writing that they would not be continuing the Challenge Grant on the third and final year of the Unified Funding Agreement because they could not meet the match requirement. At the same time, Homeless Trust staff had been reviewing the Homeless Helpline in partnership with Miami Homes for All and the Youth Action Board. Recommendations from the review suggested the CoC enhance the Homeless Helpline through staff training, technology and developing staff to supervise the call takers and ensure fidelity with evidenced based practices introduced 'through training. Recommendation It is recommended that the Executive Committee approve repurposing Challenge -rant funds to provide street outreach, technical assistance and training. For the balance of this year, the City of Miami would be awarded $90,277.00 for staff and technology enhancements. Housing Innovations would also be retained to provide technical assistance and training to Homeless Helpline personnel. The CoC has been in a contractual relationship with Housing Innovations since 2016 to provide professional services for the benefit of the CoC, including support for the annual Notice of Funding Opportunity (NOFO). The balance of the Challenge Grant funds would be utilized to provide evidenced based training CoC-wide to contracted providers. Attachments c' Morris Copeland, Chief Community Services Officer Shannon Summerset, Esq., Assistant County Attorney '.e. Housing Innovations Proposal for Miami -Dade Homeless Trust — Homeless Helpline Training & Capacity Building Background Miomi-Dade County Homeless Trust (Homeless Trust) ✓ Advises County Board of Commissioners on homelessness policy \ CoC Board ✓ Collaborative Applicant for HUD NOFO & HMIS Lead ✓ Implements Miami -Dade County Homelessness Plan ✓ Administers Federal, State and local funding (Food & Beverage Tax proceeds) ✓ Funds and monitors homelessness system (CoC) o Homeless Helpline o Homeless Outreach o Prevention o Emergency Shelter o RRH o PSH Access Points ✓ Homeless Helpline o Virtual access (CE) for all persons seeking homelessness assistance ■ CoC-funded emergency shelters do not accept walk ins (DV and TAY access points/shelters may serve as direct service access points for those populations) o Hotline staff (7 FfEs) ■ Field calls. Information and community referrals; general assistance Assessment of needs • Assessment protocol embedded in HMIS (Call Point) • Triage to determine if caller meets homeless definition. If homeless, coordinate w/ outreach team to collect HUD UDEs (universal data elements) • VI-SPDAT (vulnerability assessment) conducted by ES/TH staff, or SO for clients engaged in outreach who refuse shelter ■ Provide crisis housing referral (ES or SH) (Can also refer to RRH/PSH/OPH) ■ Point to community resources. ■ Determine housing intervention (e.g. ES, TH, RRH, PSH, OPH) ■ System prioritizes persons for further CoC assistance, • Tier 1= 65+, medically vulnerable • Tier 2 = CH, LOTH, disability, unsheltered status (although not operational in HMIS workflow as of 10.1.21), frequent system users, unsheltered status, youth, vulnerable families, survivors of DV, & VI- SPDAT score © CoC system makes referrals (from Active Client List (ACL)) aka By -Name -List (BNL) ✓ Mobile Outreach Team o Provide engagement as "front door" access for unsheltered o Conduct HMIS assessment (UDEs) o Conduct VI-SPDAT for unsheltered clients who'refuse ES/TH ✓ Discharge from public systems (jail, hospitals, foster care, etc.) Goals of Helpline & Outreach 1. Provide general information to callers/ persons seeking assistance (staff need to understand what resources are available in the community) 2. Maintain emergency access to CoC's crisis services (ES, Safe Haven) 3. Provide high -quality assessments and CoC system access management/operations 4. Reduce utilization of crisis housing through effective Diversion/Rapid Resolution 5. Manage referrals to CoC housing and services (goal is w/in 60 days) Proposed Helpline TA & Training Process I. Conduct assessment to identify performance gaps and training needs — Nov -Dec a. Data assessment - # of calls, length of calls, rate of Diversion, time from call to CE enrollment, CE enrollment to housing referral, time from housing referral to project enrollment— measures of Helpline handoff and service connection success, follow up on referrals b. Trust staff to get system perspective, and run HM IS data reports c. Phone interview with Hotline Manager d. Phone interview with Hotline staff e. Phone interviews with key COC providers (outreach, ES, RRH) i. Homeless Trust Subcommittee and Housing and Services Development Committee f. Focus group with clients g. Review CoC CE documentation and performance reports h. Prepare draft report of CE operations, Hotline functioning, SO integration L Present draft report and draft Training & TA plan to Homeless Trust staff 2. Deliver Training & Technical Assistance —Jan —May a. CE refinements — CoC CE standards and policy, operating procedure, and general updates b. Hotline adjustments — staffing, management, tools & templates, CE system integration, alignment with CoC strategic objectives c. Topical train ings/webinars i. Effective assessments — motivational interviewing ii. Effective Problem-solving/Diversion interviews iii. Determining housing intervention options iv. Permanent housing resources prioritization and referrals v. Systems coordination and alignment (DV, Youth, Vets, etc.) d. In -person training, workshops, work sessions? e. Case Conferencing/challenging scenarios Likely Training Needs: I. CoC written CE policies and procedures; variations due to COVID 2. Use of HMIS (UDFs) & SPDAT for assessment and prioritization 3. Application of COC'S policies for determining prioritization 4. Consistent, standardized decision making and information sharing among Helpline staff and with CoC providers 5. Diversion, problem solving conversation 6. Customer service, client -centered practices 7. Connecting with 3-1-1 system (and other helplines) for additional information and other resources 8. Compliance with policies (standards of care for street outreach and other CoC interventions) Clarifications: ✓ "Homeless Board" = CoC Board. 27 members, includes persons with lived experience. ✓ Homeless Trust Housing Coordinator manages the active client list "ACL" and regular case conferencing meetings. ✓ Individual projects and homeless assistance providers do their own housing navigation supports. No centralized model. Draft Assessment questions: • How is the Homeless Helpline structured, staffed, operated? • Is Helpline volume able to be managed by existing staff configuration and resources? • What are Helpline staff qualifications and compensation? • Who provides oversight and management of the Helpline, for Street Outreach? Is it sufficient, effective, reliable? • How does the Helpline support CE goals, CoC system goals? • Are CE policies clear, implementable, effective? What are the gaps? • How is technology leveraged (mobile tablets, HMIS, etc.)? • Is CE workflow aligned/supported by HMIS workflows? • Are there any gaps in Helpline, SO coverage or access (geographic, time of day, skill sets of Hotline staff)? • Does the assessment tool/process accurately and completely document clients' needs and preferences? • Are assessment determinations well aligned with service strategies and housing interventions? • Are prioritization policies clear, fair, implementable, resulting in effective queueing and referrals? • Are there concerns about fairness, equity, inclusion, unintentional disparate impacts? • What do Helpline staff need to perform their job duties more effectively, more efficiently? • How do Helpline staff manage program barriers, denials, "lost" or unfindable clients? • How is participant choice supported? Are grievance policies and appeals processes well understood; effective? The Miami -Dade Homeless Hetpline: Observations + Recommendations N issues: Observations: Recommendations: f Barriers to Accessing assistance. • Deandra Joseph, a Youth Voice Action Council (YVAC — the youth action board e A comprehensive recorded message for when staff are unavailable and/or for after-hours. Current Calling the Helpline is not a user- of the Homeless Trust) member, reported that she had to call multiple times (she Helpline hours are from Sam-4pm Monday through Friday. People in crisis should know what is available and oriented process., was told to do so) to make it onto 'the list' and to stay an 'the list.' what to do if they call after hours. This message should include hours, locations of walk-in access points, where • t,eXus Hinds, a YVAC member, cafled the HH and was hung up on, to go for meals, showers, and what they would need in preparation for their call during hours of operation. • Callers often ask for the name of the staff member receiving their call. Staff c Include messaging regarding access points or walk-in locations where clients can go or call if HH staff members refuse or give wrong names, are unavailable. • Staff do not always document HH calls. When people follow up with other entities Diversify options for accessing resources. People should be able to reach out for support through means to seek further help there is no documentation of them seeking assistance through other than calling the Helpline. Expand the means to access resources to include an online form, live online the HH. chat, and/or a texting option. • HT staff observations from 4116121 site visit: a Total Quality Improvement. Develop a script with a list of next steps for special populations (youth, families, o This is difficult work that can weigh on staff veterans, DV households, and persons with disabilities). Establish procedures for use of scripts, supervision © Clients who were offered a bed were told to call back and their face sheets and crisis management. Someone, preferably with a background In social services, should spend part of their were provided to the supervisor, some clients do not respond to follow ups time performing aver the shoulder observations of staff, if appropriate establish quite room procedures for staff and the opportunity to engage them is lost (for exampie: HMIS 267250 and offer continuous quality improvement and training to strengthen staff skills. offered a bed didn't answer call back and was not placed). o HMIS 267078 a single, disabled mom with a 6 ylo daughter was asked - questions that are not part of the HMIS assessment or based on evidenced based practices: 'Do you have birth certificate for your kids?" "Are you taking medicah'ons?" 2 Prevention and diversion are not • In previous training, HH staff were taught, always offer something, its not a good • Train staff on Homeless Prevention. highlighted enough, If eligibility practice to tell a caller, "We don't have..." and terminate the call. Instead, tell them • Retrain staff in diversion options, The Helpline should be able to use conflict resolution to divert people from requirements are not met, callers are about the meat and shower services available, walk-in access point opportunities, accessing our system. This technique is only effective with some cases who may be asking for help because of not redirected to other potential how the CoC is referring persons to rental assistance... a strained relationship with their support network. Some continuums have used diversion to reduce the number resources. People are not diverted to • Clients are not made aware of and/or are referred to diversion and/or prevention of persons seeking shelter by up to 40%. The Helpline can collaborate with other entities to improve mediation resources besides shelters. opportunities. We observed clients calling from treatment facilities to reserve a and diversion services. shelter slot for a future discharge, these clients should have been told to call the o Train staff to keep their knowledge current and relevant. Train HH operators on how to talk to a Homeless Prevention line and apply for rental assistance. Clients are only told victim of domestic violence, stalking, dating violence or human trafficking; or unaccompanied youth to about shelter and hotel/motel options. make that handoff a more seamless process. • Domestic violence victims often call, and they are told to hang up and call a different hotline. The handoff is harsh for someone who has experienced trauma. 3 Frontline staff use of best practices, • The lack of technology aids requires frontline staff to memorize resource eligibility • increase cultural competency. Websites and any extemal-facing information should reflect the cultural and information. Staff may not necessarily present all options available to callers, and lingual diversity of Miami -Dade. Staff members should be able to offer support in Spanish, Krayol, and English. staff do not standardize their approach. Referrals may be vastly different Frontline staff should have access to translation services to adequately support people from all backgrounds. depending on the staffer. Staff should be trained in trauma -informed and housing -first practices, • Create and implement a resource directory for frontline staff. The Helpline can streamline its referral process using a comprehensive resource directory hosted on the Homeless Trust website. The websHe consolidates relevant programs and eligibility so that people can be made aware ofall their optlonswhen seeking support. Through this approach, staff will no longer be burdened with remembering the various programs and eligibility requirements. ATTACHMENT E INVOICE Pull Cw Office on Homelessness Unified Homelessness Contract ATTACHMENT F2 ® CHALLENGE GRANT INVOICE & MATCH REPORT CHALLENGE GRANT FEJD # ' Prepopulate Contract # Prepopulate Provider Dropdown� --- Name invoice # Pre o ulaie Address _._ Prepopulate Invoice Dropdown Period For Use b Provider Deliver Served Approved Approved Payment Frevious Balance Org Cade Description -able this Budget Amount Payment(s) After This Month Total Payment 60303037209 Housing Need $ $ $ $ 60303038209 Program Need $ $ $ $ 60303039209 Service Need n 60303040209 Admin - TotalA111L $ $—�� $ Klatch $ $ t3y signing this invoice, I certify to the best of my knowledge and belief that the invoice is true, complete and accurate a*the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal or State Award, I am aware that any false, fictitious, or fraudulent information or the omission of any material fact, may subject me to criminal, civil' or administrative penalties for fraud, false statements, false claims, or otherwise. Additionally, I certify that all reports supporting this invoice have been submitted to the Department in accordance with this agreement. Si nature of Provider Official Date Title of Provider Official For Use by Contract Manager Onl Deliverables Met (it no, see Amount of Delayed delayed payment per contract Payment (for Unmet $ - Date of Invoice Received section F-5.2) Service Deliverables Recoupment of Delayed Yes I No Payment (Previous $ Date Goods I Unmet Service Services Received Deliverables Achieved Will a Financial Consequence be Amount of Financial Date Goods Inspected a (led? Conse uence Admin $ and Approved Yes 1 No Total Payment Amount $ bate Invoice ADoroved Org Code EN WN CF Standard Contract 2019 Part 2 of 2 see payment detail above ectl 751000 ory 1100379 Contract Manager Name Contract Manager Signature REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 55 Contract No. KP009 Miami -Dade County Homeless Trust Provider Name Contract Number Month of Services Housing Needs Date Service Provided Office on Homelessness Unified Homelessness Contract ATTACHMENT F2.1— CHALLENGE GRANT ROLL -UP REPORT dropdown prepopulate dropdown HM1S Number Service Provided Vendor Amount (Client ID) 1 5 16 ._.._..- - -------- Program Needs Date Service Provided HMlS Number (Client ID) Total Service Provided Vendor Amount 1 2 6 8 10 CF Standard Contract 2019 Part 2 of 2 Total 56 Contract No, KP009 Miami -Dade County Homeless Trust