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HomeMy WebLinkAboutR-03-0709J-03-545 06/23/03 RESOLUTION NO. 03— '709 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ALLOCATION OF FISCAL YEAR 2003-2004 HOPWA PROGRAM FUNDS, IN THE AMOUNT OF $10,617,000, AND FISCAL YEAR 2002-2003 UNALLOCATED HOPWA PROGRAM FUNDS, IN THE AMOUNT OF $5,200,000, FOR A TOTAL OF $15,817,000, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY FOR LONG TERM ASSISTANCE SERVICES, WITH AN OPTION TO RENEW THE AGREEMENT FOR ONE ADDITIONAL YEAR AT A RENEGOTIATED FEE, AT THE CITY MANAGER'S DISCRETION. WHEREAS, the Housing Opportunities for Persons With AIDS ("HOPWA") Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, since 1994 the City of Miami ("City") has received HOPWA Program funds from the United States Department of Housing and Urban Development ("HUD") and is responsible for the implementation of programs designed to provide housing and related services to individuals living with AIDS in the City 'ATTAC H M, EN T ) CONTAINED CITY COMMISSION MEETING OF J U N 2 4 2003 Resolution No. 03- 709 ", and the cities of Hialeah and Miami Beach, and throughout Miami -Dade County ("Miami -Dade"); and WHEREAS, HUD has advised that the Program Year 2003-2004 funding to implement the HOPWA Program will be $10,617,000; and WHEREAS, unallocated HOPWA funds, in the amount of $5,200,000 from Program Year 2002-2003, are available for distribution; and WHEREAS, the City retained the services of Apple Tree Perspectives, Inc. to conduct a needs assessment and planning process, with the participation of the Miami -Dade HIV/AIDS Partnership, through its Housing Committee; and WHEREAS, the needs assessment and planning process was designed to assist the City and the Partnership by: (1) identifying the housing needs and preferences of persons living with HIV/AIDS in Miami -Dade and (2) determining the best use of available resources, including HOPWA funds, to address such housing needs; and WHEREAS, the needs assessment and planning process incorporated a review of: (1) findings of consumer and provider surveys and focus groups; (2) Miami-Dade's current housing continuum of care for persons with AIDS, including funding sources, with comparison of continuum of care leveraging practices to other communities; (3) demographic profile of current HOPWA clients ("Attachments C," attached and Page 2 of 5 03- 709 incorporated); (4) allocation practices of other HOPWA grantee communities which receive substantial HOPWA dollars; and (5) anticipated direction of HUD funding policies for the HOPWA program; and WHEREAS, on April 14, 2003, the Miami -Dade HIV/AIDS Partnership accepted the funding recommendations of its Housing Committee for the allocation of HOPWA funds for Fiscal Year 2003-2004, which incorporated a distinction between City responsibilities from those that would be contracted out to community-based agencies through a competitive process and directed these recommendations to the City for consideration ("Attachment All and "Attachment B," attached and incorporated); and WHEREAS, the Administration held three public comment meetings on the proposed funding recommendations; and WHEREAS, on April 28, 2003, the Administration issued a Request for Proposals to solicit proposals for services and projects in accordance with the funding recommendations and subsequently held two application workshops; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 3 of 5 03— 709 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The allocation of Fiscal Year 2003-2004 HOPWA Program funds, in the amount of $10,617,000, and Fiscal Year 2002-2003 unallocated HOPWA Program funds, in the amount of $5,200,000, for a total of $15,817,000, is approved, to the agencies specified in "Attachment A," attached and incorporated, to provide housing assistance and related services to low-income individuals living with AIDS. Section 3. The City Manager is authorized!' to execute individual HOPWA Program Agreements ("Agreements"), in substantially the attached form, with each agency for long-term assistance services, with an option to renew the Agreements for one additional year at a renegotiated fee, at the City Manager's discretion. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. Page 4 of 5 03-- 709 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.v PASSED AND ADOPTED this 24th day of June , 2003. ATTEST: PR,fSCILLA A. THOMPSON CITY CLERK ' APPROVED 'AS TO FOR AND CORRECTNESS: LLO A'T'TORNEY Z7312:tr:AS:BSS ANUEL A. DIAZ,MA!�- If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 5 03- 709 ATTACHMENT "A" City of Miami - Department of Community Development HOPWA Request of Proposals 2003--2004 AGENCIES RECOMMENDED FOR FUNDING �— Agency Proposed Zone Address Rating Amount Funded FY2002 Funding Requested FY2003 Funded Clients —T Landlord Paymenti - -- - Management Feel Funding Recommendation 1 2 Avg. — I. Long Term Housing Assistance BAME Development Cor ration of South Florida, Inc. Center of Information & Orientation, Inc. Ci of Miami - Department of Communi Development 6 3,4 - 6 4 245 NW 8 Street 181 NE 82 Street, 2nd Floor 73 81 - 74 88 74 85 - $ 335,000.00 - $ $ $ $ $ $ $ $ $ 150,000.00 102,070.00 - 300,OOp.00 154,688.00 450,000.00 206 84200 660,000.00 295,575.00 2,319175.00 100-- 100 58 100 75 229 100 338 100 1200 �$ "1» "969 $ 4,969,050.00 "1" $ 1,797,650.00 »1» $ 2,653,300.00 "1» $ 9420 000.00 - — 127,500.00 i S_ 127,590.00 $ 127,500.00 127,500.00- $ Community AIDS Resource, Inc. 10 910 1320 S. Dixie Highway, Suite 485 $ _ 625,000.00 $ 5,594,050.00 I $ 127,500.00 $ 127,500.00 $ 95,625.00 95,625.00 $ $ 343,500.00 $ 2,141,150.00 0.00 ; 127,500.00 $ _f507,000.00 79 74 77 $ 335,000.00 Case Management, Inc. Community unity MeMiami B Douglas Gardens Commntal Health Center of each, ,c. Em er V, Inc. Spanish-American Basic Education &Rehabilitation, Inc. 2 3 4,5 1,2,6,7,8 2 3 4,5 1,2,5,6,7,8 99 NW 183 Street, Suite 118 -- 701 Lincoln Road, 2nd Floor 8309 NW 22 Avenue 3990 West Flagler Street Suite500 78 86 82 APPEALS 77 75 76 74 76 75 $ 2,460,000.00 $ 1,122,000.00 $ $ 3,160,300.00 i The Center for Positive Connections, Inc. 4 4 12570 NE 7 Avenue, Suite 104 945 Pennsylvania Avenue 84 74 86 73 85 74 $ 335,000.00 Total: - $ 127,500.00 $ 127,500.00 "t " Landlord Payments will be made by the City of Miami Department of Community Development Il. Housing Information, Referral S Advocacy- Miami Beach Communq Development Corporation, Inc. - - ; 2,208,625.00 1$ 11628,625.00 i $ 200,000.00 - - ____T - $ 200,000.00 III. Technical Assistance A le Tree Perspectives, Inc. _ - 87 88 88 $ 110,000.00 $ 152,550.00 $--000 - -- j IV. Project -Based Rental Subsidy Program ami Beach Community Development Corporation, Inc. Shelbo 1 units 2- Femwood:od: l8 units 945 Pennsylvania Avenue $ 150,000.0024 - - - � $ 150,000.00 V. Special Needs Residential Care 80 86 83 Better Way of Miami, Inc. $65 r da x 365 days x 5 clients 800 NW 28 Street $ 75,000.00 $ $ $ 200,000.00 200,843.26 126,000.00 - _ $ 118,625.00 Catholic Charities of the Archdiocese of Miami, Inc. - Genesis Pgm. $81.79 p2r day x 365 d@V x 5 clients South Florida Jail Ministries, Inc. $100 r da x 365 da x 3 clients - 9401 Biscayne Blvd 22790 SW 112 Avenue APPEALS 69 73 71 $ 126,000.00 $ 149,267.00 $ 109,500.00 $ 377 392.00 Page 1 of 2 ATTACHMENT "A" City of Miami - Department of Community Development HOPWA Request of Proposals 2003--2004 AGENCIES RECOMMENDED FOR FUNDING Agency Proposed Zone Address Radng Amount Funded Funding Requested Funded Funding Zone 1 2 Av Landlord PaymentT Management . FY2002 FY2003 Clients Fee Recommendation VI. Emergency Program Ci of Miami - Department of Community Development • $ 1,000,000.00 $ 500,000.00 $ 1,500,000.00 VII. Pro ram Ins ections Ci of Miami - De artment of Community Development- - $_ 500,000.00 $ 500,000.00 VIII. Program Administration (3%) $ 318,000.00 IX. Capital Funding 1) Carrfour Supportive Housing, Inc. - - a- Harding Village Project 8500 Harding Avenue, Miami Beach $ 298,492 2 Movers, Inc. .00 3) Miami Beach Community Development Corporation, Inc. $ 450,00000 Westchester Apartments 516 15 Street, Miami Beach $ 298,491 .00 "vim f a (,"wcsl Loan comrr7tee Approval Grand Total: $ 15,817,000.00 Page 2 of 2 C'7 CITY OF MIAMI, FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT (HOPWA) AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is entered into this [Xl day of [XX, 2003] between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY") and [Agency], a Florida not for profit corporation, (hereinafter referred to as the "PROJECT SPONSOR"). FUNDING SOURCE: HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS CONTRACT AMOUNT: $0 TERM OF THE AGREEMENT: IDIS NUMBER: SCI NUMBER: ADDRESS: WITNESSETH WHEREAS, the Housing Opportunities for Persons With AIDS (HOPWA) Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and 93- 709 ATTACHMENT "B" City of Miami - Department of Community Development Request for Proposals 2003--2004 AGENCIES NOT RECOMMENDED FOR HOPWA FUNDING 1 C Agency F�Ratlng Amount Funded Funding Requested Funding _-_ 1 2 Avg. FY2002 FY2003 Recommendation II. Housing Information, Referral & Advocacy 1-46+:451 Center for Independent Livingof South Florida 44 - $ 200,000.00 $ Empower U, Inc. _ 53 1 47 50 - $ 200,000.00 1 $ S 400.000.00 ATTACHMENT C: DISTRIBUTION OF HOPWA CLIENTS BY LIFE ZONE ZONE I 4.2% Hialeah, Miami Lakes, Miami Springs ZONE II 12.1% Carol City, Opa Locka, N. Miami Beach ZONE III 20.2% Miami Beach ZONE IV 22.4% Liberty City, North Miami, Little Haiti, El Portal, Miami Shores ZONE V 12.4% Brownsville, Model City, Allapattah, Wynwood ZONE VI 13.2% Little Havana, Overtown, The Roads ZONE VII 3.4% Sweetwater, Tamiami ZONE VIII 4.0% South Miami, Coral Gables, West Miami, Coconut 6rove, Key Biscayne ZONE IX 3.9% Cutler Ridge, Richmond Heights, Kendall, Goulds, Perrine ZONE X 4.1% Florida City, Homestead 2003 HIV/AIDS Housing Needs Assessment Prepared by Apple Tree Perspectives, Inc. Source City of Miami Department of Community Development 03- 709 WHEREAS, the Interim Rule (24 CFR 574.100, Subpart B) stipulates that the most populous unit of general local government in an Eligible Metropolitan Statistical Area (EMSA) be the applicant for the HOPWA Program funds allocation for the EMSA; and WHEREAS, in Miami -Dade County, the City of Miami is the most populous City, and thereby, the designated applicant for HOPWA Program funds for this EMSA; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with [Agencyl. for the provision of HOPWA to very low- income persons living with HIV/AIDS; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the City and the Project Sponsor agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Exhibit B Work Program Exhibit C Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit 03- 709 -2- 1.2 DEFINED TERMS. As used herein the following terms shall mean: Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or _ preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the Project Sponsor or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR Code of Federal Regulations. Department The City of Miami Department of Community Development. Federal Award Any federal funds received by the Project Sponsor from any source during the period of time in which the Project Sponsor is performing the obligations set forth in this Agreement. HOPWA The Housing Opportunities for Persons With AIDS Program. HOPWA Reaulations Regulations promulgated by HUD for the HOPWA Program, 24 CFR Part 574, Final Rule, and any changes thereto. Low Income Households whose gross income does not exceed 80% of the area median income for the PMSA, as determined by HUD, as of a specific effective date. PMSA Primary Metropolitan Statistical Area (all of Miami -Dade County). U.S. HUD or HUD The United States Department of Housing and Urban Development. Work Program The services being contracted for under this Agreement. -3- 03- 709 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the City and must be on file with the Department prior to the City's execution of this Agreement: 2.1 The Work Program submitted by the Project Sponsor to the City which shall become attached hereto as Exhibit A to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the Project Sponsor. It should specifically describe the activities to be carried out as a result of the expenditure of HOPWA funds. Where appropriate it should list measurable objectives , define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the City to effectively monitor performance by the Project Sponsor under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit B, which shall include: completion of the Project Sponsor's Itemized Budget, Cost Allocation, Budget Narrative, and Staff -4- 03- 709 Salaries Schedule; and copies of all subcontracts and/or management services agreements funded in whole or in part under this Agreement. 2.3 A list of the ' Project Sponsor's present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of an engagement letter from an independent certified public accountant which includes a fiscal review and expresses an opinion of the Project Sponsor's internal controls and compliance with laws, regulations and all requirements of OMB Circular No. A-133 (Revised June 24, 1997 or other most current Revision). 2.8 A copy of the Project Sponsor's last audit report as performed by an independent Certified Public Accountant in accordance with OMB Circular No. A-133( Revised June 24, 1997 or other most current Revision). 2.9 A copy of the Project Sponsor's corporate personnel policies and procedures. 2.10 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.11 Acceptance of: 1) Office of Management and Budget ("OMB") Circular No. A-110, Attachments "A (Cash Depositories), `B" (Bonding and Insurance), "C" (Retention and Custodial Requirements for Records), "F" (Standards for Financial Management Systems), "H" (Monitoring and Reporting Progress Performance), "N" (Property Management Standards), and "O" (Procurement Standards); -5- 03- 709 2) OMB Circular Nos. A-122 and A-21: "Cost Principles for Non -Profit Organizations and Cost Principles for Educational Institutions," Policies and Procedures Manual for Community Based Project Sponsors, 24 CFR Part 574, Housing Opportunities for Persons With AIDS; 3) Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 4) The Project Sponsor is aware of and accepts the City of Miami Policies and Procedures Manual, Housing Opportunities for Persons With AIDS as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the Project Sponsor. 2.12 A Copy of the Project Sponsor's last federal income tax return (IRS Form 990). 2.13 The following corporate documents: (i) The certificate of incorporation and a good standing certificate for the Project Sponsor, certified by the appropriate governmental authority. (ii) Bylaws, resolutions, and incumbency certificates for the Project Sponsor, certified by the Project Sponsor's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the City. 2.14 ADA Certification 2.15 Drug Free Certification 2.16 All other documents reasonably required by the City. 03- '709 M ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the City in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM. This Agreement shall begin on October 1 2003 and end on September 30, 2004. 3.3 OBLIGATIONS OF PROJECT SPONSOR. The Project Sponsor shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the City, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the City. 3.4 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the Project Sponsor shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the Project Sponsor shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the 03- '709 -7- substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.5 PRIOR APPROVAL. The Project Sponsor shall obtain the prior written approval of the City prior to undertaking any of the following with respect to the project and/or the Work Program: (a) The addition of any positions not specifically listed in the approved Itemized Budget. (b) The modification or addition of any job descriptions. (c) The purchase of any non -expendable personal property. (d) The disposition of any real property, expendable personal property or any non -expendable personal property. (e) Any out-of-town travel not specifically listed in the Itemized Budget. (f) The use of program income in any manner not specifically listed in the Itemized Budget. (g) Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. (h) The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. 4.1.1. The City shall pay the Project Sponsor, as maximum compensation for the services required pursuant to this Agreement the sum of jAmount]. Expenses shall be reimburses provided they are made in accordance with the expense schedule set forth in the Itemized Budget attached hereto as Exhibit B. 03 - 709 4.1.2 During the term hereof and for a period of three (3) years following the date of the last payment made hereunder, the City shall have the right to review and audit the time records and related records of the Project Sponsor pertaining to any payments by the City. 4.1.3 All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved program line -item Itemized Budget. Each written request for payment/reimbursement shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of each request shall be subject to approval by the City at the time the request is made and all invoices are required to be paid by the Project Sponsor prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by the original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the canceled checks evidencing the payments by the Project Sponsor for which reimbursement has been requested shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Requests for line -item changes are allowable, with prior review and approval by the City. All line -item changes must be made sixty (60) days prior to the end of the term of the Agreement. 93- "709 -9- 4.1.4 Requests for payment shall be made at least on a monthly basis. Reimbursement requests shall be submitted to the City within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. 4.1.5 The Project Sponsor must submit the final request for payment to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement along with the close-out package. If the Project Sponsor fails to comply with this requirement, the Project Sponsor shall forfeit all. rights to payment and the City shall not honor any request submitted thereafter. 4.1.6 Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the Project Sponsor as a part of this Agreement and any modifications thereto. 4.2 BONDING AND INSURANCE. At all times during the term hereof, the Project Sponsor shall maintain insurance and bonding coverage acceptable to the City. Prior to commencing any activity under this Agreement, the Project Sponsor shall furnish to the City original certificates of insurance and bonding indicating that the Project Sponsor is in compliance with the provisions of this Article. 4.2.1 The Project Sponsor shall provide the following coverage: (i) Comprehensive General Liability and umbrella liability coverage in an amount not less than $1,000,000.00 per person per occurrence, protecting the City and the Project Sponsor against liability incidental to the use of, or resulting from an accident occurring on or about, its property, including 03- '709 -10- coverage for: (a) fire, explosion, collapse and underground hazards, completed operations and independent contractors, and (b) automobile liability for all owned vehicles, as well as coverage for non -owned and hired automobiles. (ii) Workers' compensation insurance as required by the laws of the State of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the City. (iv) A bid bond or performance bond in such form as may be required by the City. (v) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the amount of the grant of funds hereunder. The City shall be named as Loss Payee. 4.2.2 All such insurance shall insure the City as the primary additional insured, with a loss payable clause in favor of the City. The Project Sponsor shall be required to furnish evidence of any other insurance coverage the City may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the City at least 30 days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the City. There shall be no exclusions in such policies that override the City's coverage. 03- 709 4.2.3 Compliance with the foregoing requirements shall not relieve the Project Sponsor of its liability and obligations under this section or under any other section of this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The City reserves the right to audit the records of the Project Sponsor at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The Project Sponsor agrees to provide all financial and other applicable records and documentation of services to the City. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the City, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the Project Sponsor are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The City reserves the right to recapture funds in the event that the Project Sponsor shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the City at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for HOPWA Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. -12- 03- 709 ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the Project Sponsor shall adhere to the following audit requirements: 5.1.1 If the Project Sponsor expends $300,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the Project Sponsor has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include: (a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to -13- 03- 709 whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. (b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. (c) a report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the Project Sponsor complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. (d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the Project Sponsor expends less than $300,000 in the fiscal year it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the Project Sponsor to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. -14- 03- 709 All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The Project Sponsor shall establish and maintain sufficient records to enable the City to determine whether the Project Sponsor has met the requirements of the HOPWA Program. At a minimum, the following records shall be maintained by the Project Sponsor: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with HOPWA funds, including its location (if the activity has a geographical locus), the amount of HOPWA funds budgeted, obligated and expended for the activity, and the specific provision in the HOPWA Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in the HOPWA Program regulations. Where information on income by family size is required, the Project Sponsor may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definition of "low income person' as set forth in the HOPWA Program regulations; or, the Project Sponsor may substitute a copy of a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit -15- 03- 709 established in accordance with the HOPWA Program Regulations; or, the Project Sponsor may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be "low income persons" based upon HUD's criteria and agrees to maintain documentation supporting those determinations. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOPWA funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of 24 CFR 574. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 574. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the Project Sponsor's records, including project and programmatic records and books of account, for a period of 03- 709 -16- three (3) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the Project Sponsor at least until the expiration of the Retention Period. The Project Sponsor shall maintain records sufficient to meet the requirements of 24 CFR 574. All records and reports required herein shall be retained and made accessible as provided thereunder. The Project Sponsor further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The Project Sponsor shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the City, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The Project Sponsor shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or the Project Sponsor has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such 03- '799 -17- time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The Project Sponsor shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The Project Sponsor shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the Project Sponsor shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Work Program for public purposes. 6.3.2 If the Project Sponsor receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Project Sponsor shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. -18- 03- 709 6.4 MONITORING. The Project Sponsor shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the Project Sponsor which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the Project Sponsor. Following such inspection or interviews, the Department will deliver to the Project Sponsor a report of its findings. The Project Sponsor will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the Project Sponsor's justification is acceptable. At the request of the City, the Project Sponsor shall transmit to the City written statements of the Project Sponsor's official policies on specified issues relating to the Project Sponsor's activities. The City will carry out monitoring and evaluation activities, including visits and observations by City staff; the Project Sponsor shall ensure the cooperation of its employees and its Board Members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the City or obtained through monitoring and evaluation by the City, shall constitute cause for the City to terminate this Agreement. 6.5 RELATED PARTIES. The Project Sponsor shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. The term "related - party transaction" includes, but is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the Project Sponsor is responsible for appointing memberships. The Project Sponsor shall -19- 03- 709 report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The Project Sponsor shall maintain current documentation that its activities are HOPWA eligible in accordance with 24 CFR Part 574. 7.2 The PROJECT' SPONSOR shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with HOPWA funds is an activity which provides benefit to low income persons living with HIV/AIDS. 7.3 The PROJECT SPONSOR shall comply with all applicable provisions of 24 CFR Part 574 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The Project Sponsor shall cooperate with the Department in attending meetings at the request of the Department of Community Development and to provide information as requested or required to the Department. 7.5 The Project Sponsor shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The Project Sponsor shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. -20- 03- 709 Furthermore, the Project Sponsor agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The Project Sponsor shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The Project Sponsor shall abide by the Federal Labor Standards provisions of HUD Form 4010 incorporated herein as part of this Agreement. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The Project Sponsor shall comply with the requirements and standards of OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations" and with the applicable requirements of 24 GFR Part 84 (the revised OMB Circular No. A-110). 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the Project Sponsor is or was created by a religious organization, the Project Sponsor agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 574 In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, HOPWA assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular activities. The Project Sponsor shall comply with those requirements and prohibitions when entering into subcontracts. -21- 1)3-- 709 7.11 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the Project Sponsor must transfer to the City any HOPWA funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of HOPWA funds. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the Project Sponsor's receipt of notice from the City (by certified or registered mail) of such violation may, at the option of the City, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the City set forth herein, if the Project Sponsor materially fails to comply with the terms of this Agreement, the City may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The Project Sponsor shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement, including but not limited to the City's Minority Procurement Ordinance, and with any conditions and/or approvals that the City may deem necessary. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the City, set forth in this Agreement. The City shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record-keeping requirements described in this Agreement, and; -22- 03- 709 (e) Incorporate the language of Section 7.15 hereof. 7.13.2 The Project Sponsor shall incorporate in all consultant subcontracts the following provision: "The Project Sponsor is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the Project Sponsor. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The Project Sponsor shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The Project Sponsor shall submit to the City for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The City's review and confirmation shall be obtained prior to the release of any funds for the Project Sponsor's Subcontractor(s). 7.13.5 The Project Sponsor shall receive written approval from the City prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the City of any subcontract or assignment shall not under any circumstances be deemed to require for the City to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The Project Sponsor and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and -23- 03— 705 Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII 8.1 PROJECT SPONSOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS. The Project Sponsor certifies that: (a) The Project Sponsor certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the Project Sponsor's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Project Sponsor to act in connection with this Agreement and to provide such information as may be required. (b) The Project Sponsor shall comply with the Hatch Act, which limits the political activity of employees. (c) The Project Sponsor shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 3_ 709 -24- (d) To the best of its knowledge and belief, the Project Sponsor and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME AND REPAYMENTS 9.1 PROGRAM INCOME Program income means gross income received by the Project Sponsor which has been directly generated from the use of the HOPWA funds. When such income is generated by an -25- 03- 709 activity that is only partially assisted with the HOPWA funds, the income shall be prorated to reflect the percentage of HOPWA funds used. Program income generated by HOPWA funded activities shall be used only to undertake those activities specifically approved by the City on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the City. The Project Sponsor shall submit to the City monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify HOPWA activities in which income was derived and how income has been utilized. 9.2 REPAYMENTS. Any interest or other return on the investment of the HOPWA funds shall be remitted to the City on a monthly basis. Any HOPWA funds funded to the Project Sponsor that do not meet the eligibility requirements, as applicable, must be repaid to the City. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The City retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the City. In that event, notice of termination of this Agreement shall be in writing to the Project Sponsor by certified mail, return receipt requested or by in person delivery with proof of delivery. Project Sponsor shall be paid for those services performed prior to the date of its receipt to the notice of -26- 03- 709 termination. In no case, however, shall the City pay the Project Sponsor an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the City and the Project Sponsor that any payment made in accordance with this Agreement to the Project Sponsor shall be made only if the Project Sponsor is not in default under the terms of this Agreement. If the Project Sponsor is in default, the City shall not be obligated and shall not pay to the Project Sponsor any sum whatsoever. If the Project Sponsor materially fails to comply with any term of this Agreement, the City may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the Project Sponsor, or such more severe enforcement action as the City determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partly suspend or terminate the current HOPWA funds awarded to the Project Sponsor. 10.1.4 Withhold further grants and/or loans for the PROJECT SPONSOR. 10. 1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause temporarily suspend the Project Sponsor's operations and authority to obligate funds under this Agreement or withhold payments to the Project Sponsor pending necessary corrective action by the Project Sponsor, or both. Reasonable cause shall be determined by the -27- 03- 709 Department in its sole and absolute discretion, and may include but are not limited to: (i) Ineffective or improper use of the HOPWA funds by the Project Sponsor; (ii) Failure by the Project Sponsor to materially comply with any term or provision of this Agreement; (iii) Failure by the Project Sponsor to submit any documents required by this Agreement; or (iv) The Project Sponsor's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the Project Sponsor's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the Project Sponsor in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the City does not receive funds to finance this Agreement from its funding source, or in the event that the City's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the -28- 03- 709 Project Sponsor. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the City's funding source reduces the City's entitlement under the HOPWA Program, the City shall determine, in its sole and absolute discretion, the availability of funds for the Project Sponsor pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the Project Sponsor is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the Project Sponsor to the City, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the Project Sponsor's breach is waived by the Department in writing, the Department may, by written notice to the PROJECT SPONSOR, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement 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 Agreement. The provisions -29- 03- '709 hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. 10.3.4 The City retains the right to terminate this Agreement at any time prior to the completion of the services/Work Program required under this Agreement, without penalty to the City. In the event of any such termination, the City shall provide written notice of termination to the Project Sponsor, which shall be paid for services rendered prior to the date of such notice of termination. Such notice shall be deemed given when and as provided in Section 11.10.1 hereof. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The Project Sponsor shall pay and save the City harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the Project Sponsor's activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the Project Sponsor and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the City, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the City in the defense or investigation of any such claims or other matters. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. -30- 03- 709 All documents developed by the Project Sponsor under this Agreement shall be delivered to the City upon completion of the activities required pursuant to this Agreement and shall become the property of the City, without restriction or limitation on their use if requested by the City. The Project Sponsor agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the City to the Project Sponsor pursuant to this Agreement shall at all times remain the property of the City and shall not be used by the Project Sponsor for any other purpose whatsoever without the prior written consent of the City. 11.4 AWARD OF AGREEMENT. The Project Sponsor warrants that is has not employed or retained any person employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the City any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the Project Sponsor pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.14 hereof, and (b) without the City's prior written consent which may be granted or withheld in the City's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. -31- 03- 709 11.7 CONFLICT OF INTEREST. 11.7.1 The Project Sponsor covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOPWA Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The Project Sponsor further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the Project Sponsor or its employees must be disclosed in writing to the City. 11.7.2 The Project Sponsor is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 11.7.3 Procurement. The Project Sponsor shall comply with the standards contained within OMB Circular No. A-110. 11.7.4 In all other cases, the Project Sponsor shall comply with the standards contained within 24 CFR 570.611 11.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the Project Sponsor agrees and understands that the City has no obligation to renew this Agreement. 11.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the HOPWA funds and sets forth the rights, duties, and obligations of each of the -32- 03-- 709 parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 11.10 GENERAL CONDITIONS. 11.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Barbara Gomez -Rodriguez, Director Department of Community Development 444 Southwest 2"d Avenue, 2"d Floor Miami, Florida 33130 PROJECT SPONSOR [Agency] [Address] Miami, Florida [Zip] 11. 10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. -33- 03- 709 11.10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.11 INDEPENDENT CONTRACTOR. The Project Sponsor and its employees and agents shall be deemed to be independent contractors and not agents or employees of the City, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the City or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the City. 11.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. -34- 03- 709 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: Corporate Secretary ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson, Administrator Risk Management PROJECT SPONSOR: [Agency] Miami, Florida [Zip] a Florida not-for-profit corporation SEAL: City of Miami, a municipal Corporation of the State of Florida Joe Arriola City Manager APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello City Attorney -35- 03- 709 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honor, or and mbers o he City Comm' ion FROM: ot Arriola i y Manager RECOMMENDATION: DATE: JUN - 6 2003 SUBJECT: FILE: FY 2003-2004 HOPWA Program Special City Commission Meeting REFERENCES: June 24, 2003 ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution, with Attachments, allocating $10,617,000 of Fiscal Year 2003-2004 HOPWA Program funds and $5,200,000 of unallocated Fiscal Year 2002-2003 HOPWA Program funds for a total of $15,817,000 to the agencies specified in Attachment A, for the provision of housing assistance and housing related services to low income individuals living with AIDS; and approving the inclusion of an option to renew at a renegotiated fee for one additional year at the City Manager's discretion for contracts for long term assistance services; and further authorizing the City Manager to execute individual agreements with each agency, for said purpose, substantially in the attached form, subject to applicable City Code provisions. BACKGROUND: The Housing Opportunities for Persons with AIDS (HOPWA) Program was created with the passage of the AIDS Housing Act by the US. Congress and revised under the Housing and Community Development Act of 1992. Since 1994, the City of Miami has been responsible for the implementation and administration of HOPWA funds from the U.S. Department of Housing and Urban Development (U.S. HUD) for programs designed to provide housing and housing related services to individuals living with AIDS throughout Miami -Dade County. U.S. HUD has advised the City of Miami that its 2003-2004 annual HOPWA entitlement grant will be $10,617,000. In addition, there is $5,200,000 of unallocated 2002-2003 HOPWA funding available for distribution, for a total of $15,817,000 available for allocation. The Miami -Dade County HIV/AIDS Partnership (Partnership) and the local AIDS advocacy community raised concerns regarding the lack of community participation in planning for the use of HOPWA funds and the City's competitive procurement process for such funds during the City Commission meeting of December 12, 2002. In response, the Administration committed to working with the Partnership in developing a strategy for the use of HOPWA funds. As directed by the City Commission, the services of Apple Tree Perspectives, Inc. (Apple Tree) were retained to assist the Administration by conducting a needs assessment and planning process with the participation of the Partnership through its Housing Committee. This needs assessment and planning process was designed to incorporate substantial input from the community so that the City and the Partnership could effectively: (1) identify the housing needs 03- 709 and preferences of persons living with AIDS in Miami -Dade County and (2) determine the best use of available resources, including HOPWA funds, to address such housing needs. The strategic planning process was conducted during the months of February through April 2003 with the active participation of AIDS Housing of Washington, Inc., a U.S. HUD national technical assistance provider, and the Partnership. With the technical support of Apple Tree, the Housing Committee and the Administration reviewed: (1) findings of consumer and provider surveys and focus groups; (2) Miami-Dade's current housing continuum of care for persons with AIDS, including funding sources, with comparison to other communities' continuum of care leveraging practices; (3) demographic profile of current HOPWA clients; (4) allocation practices of other HOPWA grantee communities receiving substantial HOPWA dollars; and (5) anticipated direction of US HUD funding policies for the HOPWA program. During these three (3) months, 287 persons living with AIDS in Miami -Dade County were surveyed regarding their current and previous living situations, economic resources, and housing needs and preferences. In addition, thirty (30) community-based AIDS service and housing agencies responded to a survey asking them to identify the type of housing and related services most needed by their AIDS clients and barriers faced by clients to appropriate housing. The survey findings were further explored in four (4) consumer focus groups, one (1) focus group with providers and one (1) with members of the Partnership. At the conclusion of the needs assessment and planning process, the Partnership's Housing Committee made HOPWA housing activity and funding recommendations, dividing responsibilities between the Department of Community Development and community-based agencies to be identified through the competitive Request for Proposals (RFP) process. On April 14, 2003, the Partnership accepted the recommendations of its Housing Committee and directed them to the City for consideration. To solicit further public comment, the Department of Community Development and the Partnership jointly held three (3) public comment meetings on the proposed housing activities and funding priorities throughout Miami -Dade County. The proposed HOPWA program activities and funding priorities received primarily favorable comment at each public meeting. On April 28, 2003, an RFP was issued to solicit proposals for services and projects in accordance with Housing Committee recommendations and two (2) workshops were held for potential applicants. The Department of Community Development has completed the analysis of proposals submitted by community organizations competing for available HOPWA funds. All proposals received by the City within the stated deadline are identified on the two Attachments. Attachment A includes proposals recommended for funding and Attachment B contains proposals determined to be ineligible based on: inconsistency with HOPWA funding priorities, insufficient information to determine the legal qualification, and/or incompleteness of proposal. Each agency eliminated for these reasons was formally advised, in writing, of the proposal's determination of ineligibility and of their right to appeal the determination to an independent, 0,3 1 impartial three (3) member panel comprised of one representative each from the NET Administration and the Departments of Procurement and Capital Improvement Projects. Agencies recommended for funding on Attachment A include those that were determined to be eligible for consideration through the original staff review and also those agencies which successfully appealed elimination by staff review and were thus determined to be eligible for consideration. Long Term Assistance & Utility Assistance: The Administration recommends the continuation of activities to maintain long-term assistance to 1,200 individuals living with AIDS throughout Miami -Dade County, with the Department of Community Development retaining responsibility for rental assistance payments to a portion of the participating landlords and for housing inspections, while all direct client services related to client eligibility determinations, program enrollment, lease -up, re -certification, landlord relations and housing activities are contracted out to community-based agencies. The Administration further recommends that contracts for the provision of Long Term Assistance include an option to renew at a renegotiated fee for one additional year at the City Manager's discretion. This renewal option encourages stability in the provision of services, supports the establishment of good relationships between agency provider and clients, and allows agencies to build solid workable procedures for a reliable base of clients. Long term assistance contracts will be renegotiated and renewed with agencies that remain free of monitoring findings. Funding recommendations are based on the agency's competitive scoring and proposed service locations (Attachment C), to reduce the amount of travel required of both client and agency. Capital Funding: The Administration's recommendations include a set-aside for three (3) proposals for capital funding activities. The allocation of these funds is contingent upon successful contract negotiations and approval by the Housing and Commercial Loan Committee. Other Assistance: Other HOPWA programs recommended for funding include: • Emergency rental, mortgage and utility program • Project -based rental housing and • Residential substance abuse treatment • Special needs housing • Technical Assistance • Housing information, referral and advocacy services (the most significant unmet need identified during the 2003 needs assessment ) • Grant administration levels at the 3% cap It is recommended that the City Commission adopt the attached Resolution, with Attachments, allocating $10,617,000 of Fiscal Year 2003-2004 HOPWA Program funds and $5,200,000 of unallocated Fiscal Year 2002-2003 HOPWA Program funds for a total of $15,817,000 to the agencies specified in Attachment A, for the provision of housing assistance and housing related 03- 709 services to low income individuals living with AIDS; and approving the inclusion of an option to renew at a renegotiated fee for one additional year at the City Manager's discretion for contracts for long term assistance services; and further authorizing the City Manager to execute individual agreements with each agency, for said purpose, substantially in the attached form, subject to applicable City Code provisions. The proposed Resolution allocates HOPWA grant funds and does not have a budgetary im act on the General Fund. L GR 03- 709 Fu SUNDAY, JUNE 15, 2003 ww, , .herald-com The Herald 5B qtr w^y City of Miami Department of Community Development The Miami City Commission will hold a Public Hearing to discuss issues relating to the Community Development Block Grant and other HUD Programs. Tusarlay,JIM 24. XI M,1:30 PJL City of Miall C=WRk aioa Claaslrbar a 01=9 ;,Dram re*LEI ra a par,erpaag ftem,sora ncom an toOamNtt or anyamendrwtsbfreCDBGptogan-Addtw".frpW*jjbsga'' wotamrdmarslobcomu s;,Drandof*dranwdmxaanlidieardWOW /. Daanan and pngwd neoMrbtr appraig fa City d Was Wbie ►brag ApW Fina irrJtdig h (5) ttr $"IN* Plan 1a Fb 2001)-M Ano ria AmW F9sn br Fad ltw 2003 n oarbckri atb f>. Vila - w'- go adtritltapn d fa (i's Sala+ B Itodxab PMtabi hf,n Robyn, fa City a W-09drg ID a&* ft PM PWO br revieefappto d by ft LIS Dept d MUD ldfar eb,sfrg S, -",n 6" RMttabifaMon titrgran Fuds d SLfi42 084 Jnr oiatt cooand d 5338282bfoeCitydtfamiDeprsrwtdCatmarttyDwabpnadbrAonrr.. .. CabbrabWdV-MM3 6- 2. Downward and pr,potA ta,,Mtfan aPpr,eMg fu raised Cty d Mfani Loral Noag Asrs' x Fln P)MP . afadrtd and noaI 1 br fa period d.lnly 1, 20M taorrph .Mau 30.2004. b toe onhbed perfcipy,n d fa Cty n fte Raid[ SW llarsig YriNree is►+P) Fhograrn atrfrotiarrD foe Gq wager b suarrt a rrbdII, pbn br mer and spproral byfre Raine Hmaig France Corpaabn 3. Disaussim and I , I ... maaMAon adopbg poidesiw tm 2oym Cannsniy Derdapmert Bb* Gyt (COBfa'► Mdig ;moots yehd b the r" oral Fayade T*@MW Rogarn. 4.040Mon and;upmed res,Meon afoeafrg 544M d Fm* Y4w 200:}200[ Enragwey OmW DM MM) Fads ore bbw ALLOCAMM OF 29Th YEAR EhE14GENCY SHELTER GRANT FUNDS EN93MENCY SHELTER GRANT ACT11M eYcsea Depwmont Of Corronuity DevaWn nt/Garanl Admerftkaborw $13.200 City Of Miami Homeless Program IQLM TOTAL AMOUNT of ESG PROGRAM FUNDS: s44oAtp 5. Daaswnanopmpossowdr,ardxWV$10,14=rrtfre291rVw.CamanryDaMoprret84tGam(COBC►Ragamr ",, raMsrdsadSp00Ul0pdpugamn,omeMsamld $15.140=11atppatCtyasnepl!trite:trod[dad arlMatr10294 RoandsrMegmrgOrJober1.2009esblots PROPS 20TH YEAR ecaTpN u r D Department W C Devalopmorwrvo F4�oyrarn 2W,Op Seebore 106 Loan Grorarrlee 1.200.000 NETCods EMoroamerd 790 Ci g DepartmerW Unaate Stmuaxas fe Services 1.748AW bnprovemem PrQ*% .,5W 804 "Futdrg to be arforawd at a later daft tlxagh an RFP TOTAL CDBG FUNDING AMOUNT: $15,140,000 Eti Danow nardmMadresda,nTaab11 mr'jII- wnMUw9rtrMPWPwWa amartd5171.7/0 bfaCtraarry FyOwd,pntntAgrwpGaa lfam Fudbra Comnaarl Lon Pmpan C mmun y Redevelopmanl Agarrry/ $471.770 TOs AMOUNT Comn-Ay Fedaval,p .-d Agency/ $471.770 Micro Sum*= Loan Brain as Program Grow Mforni Frail TOTAL AMOUNT: :471.770 TOTAL AMOUNT. :471.770 7. Diaawaion and pr,poaed raao4stiort brarofarring commiattY DeNbpmart Block Gent (COBG) P oyram Funds d $415.000 from Community RedarMopmart ULgerrcyUCL.LUC 90 Ptojecls and Flume Irmwerrorrt Pa bwal (HOME) Program hada of $618,192 from the Community RederNopmert Ags wpftm@bryels PrsquaWcabon Program b the CRA Houwq Plot Program for tatnry roads in the CRA anaa as COBG FtNmNfG AMOUNT CRAICLUC 90 PROJECTS $415,000 LIM FUNDING C 61111 CRA HOUSING PILOT PROGRAM 5415.W0" Tobe hndadata IWWdow tmough an /IFP armFROM:> CRAMd1 'S $646.192 AMOUNT I1of1E liN1D51G CRA HOUSING PLOT PROGRAM S646.192- 646.192"PRE-Q PRE-QUALIFICATION UALIFICATFON PROGRAM "Tobe *=W ata Fater date Mrotgh an RFP TOTAL CDBO FUNDING AMOUNT ta5.o66 1 TOTAL HOW FUND//G AMOUNT: 5846.192 AMENDMENTS 70 2811+ YEAR COBG PROGRAMS 8. Diamnow and propesW rasaMrtlon au0ariam me hamster at I10USSfG DEVELOPMBff CATEGORY Distrid Hoavelo F� 5178 600 Ralaal FNrnartee¢ Horssirrg aril [100 4179 TOTAL AMOUNT: $17A.8W TOTAL AMOUNT: $175.000 9. Oia,ronandpr�oatd m,Moonahaag5t01U17,M0.00 d Fa,al1lsr23U3,�4FiDPWMRoyaralmrdt aMT620D.000dud,alld FadYsa2>D¢2003lIOP1W1 ProDrwtMadsMrabW d $15.817.000 askWw AgeGri FUNDING RECOAMISIMTION Lag Tine IlwaYg AseloWnce SAME Dovalopmw t Corporation of Soulh Florida, hoc. $ 127.500.00 carter of traomlabor & orwwftrw , lite. $ 127.500.00 City of Miami - Dwarimem of Comrm iy Developmerd 45.%4,050.00 4 ,27.5.00 _ ^ caff—pyy AWS Raauw. nor 00 Conrrttmrty Cane M.tt.g.rrrrrt, lite- 4 . 95.625.00 (U� Douglas GiarOsns Corur mtty Mental Health Health Cotter of Miami Beach.lno. $2.141.150.00 Empower V. I=. $ 127.500.00 Sporwh American Same ftw0w b RehabiY*W. Ire. 53.160.300.00 The CerMer for Poalkv Carrocft ft. $ 127.500.00 1 9 kdonra0on. Rehm at A Advocacy f each Community Development Corporation. Inc. $ 200,000.00 Technical Assistance Apple Thee Perspectives. Inc. S 100.000.00 Projeet-Based Renod Subsidy Program Miami Beach Cornmur ty Development Corporation. Inc. $ 150.000.00 Special II I Residential Cue BSIW Wayof Miami, ins. Caftk Clwitlas of the Archdiocese of Won, Inc. - Genesis Program $ 149.267.00 South Florida Jai Ministries. Inc. $ 109.500.00 Emergency City D�epartrrent of CommrsNly Development $1,500.000.00 a y 0 f of C.^inity D ent 5 500.000.00 Pregiann Adm (3%) $ 316.000.00 Cankur sup Ce HousnZ Inc. S 296.492.00 Moves.Inc. $ 450AW.00 h� $ 296.491.00 TOTAL HOPO/A FUNDING 1G AMOUNT: 515,017,OOD 00 10. Discia cion and proposed naeokaion afkrcmft 53.500.000 of 291h Wu Cornnurty Development Block GmM (CDBG) pNoWwm fiords in Me Category of EcOnonnic Development as foi0wc Aalm �y G'�" S 95.000.00 Deparkn wd d Fled Esme and Economic DevalopneM S SW.000.00 Downtown Miami partners", Inc. S 123,045.00 AM- Community Development Corporation S 123.716.00 RataalHamarwezM Diweloprtecorp. $ 1000 23..045..00 Small Busirrus oDPon b Ceesr, krc. $ 400.000.00 SEM aEcanomicu` bavelopmeM cep. hic. $ e2A54.00 $ 259.516.00 f�esrve Fwd $ 416.554.00 City of Wind Commercial Coes Comps dam $ 325.066.00 C im ereal Fayads Acqun $ 700.000.00 TOTAL EWNOMIc DEVBOP!@IT PUMMO AMOUll SIAODAOD.OD I$. Discussion and pg 51.5,9.000 d 2ft tlsar CannrrltsMy ODOWPMant 91001E Grant (COBE) Program kinds and 5226.200 of program invo0nra kir a torah of $1.746A00 in tie category of Pubis Ssrrieas ask-, Action Community Center, Inc. 5250.250.00 AmpatWs ConrnunilyAcbm Inc. $349.200.00 ArtrN-ThsFbod We. $ 20.OWAO Catholic Ctarides of Me Archdiocese of Miami, Incl Centro Meter Childcare Gema $27.732.00 Cart tic Charities of the Archdiocese of Miami, Incl $11,350.00 Centro I hispano Caloieo Chid Care Services Catholic Charities of the Archdiocese of Miami, IncJ $28.107.00 Sagrads Fannia Chid Care Center Coconut Grove Cares. nc. $20,000.00 De Mostos error Carter. Inc. 5112.419.00 Fern Ayisyan Nan Myarnr, Inc. $50.000-00 Inc. $50.000-00 uroe Whole In FlarCity Children's Taakg Dams Company, Inc. $ 35.000.00 Florone I Wicut Inner—C4 Children's Toumg Danns Company, nor $ 00.000.00 Forrrdation Inc. KOM CI Cars, S 40.SU.0M0 Lions None for Me Bind. kala. S 20.000.00 Little BrOOms - Pie of Ma �Activitieses a Nlow Centers of DadCcu ty, k. $87,01-00 � Soumanst social Saviors Programs. kala S137AW.00 SLAlbl n'r Nursery. The Associationvl inalopnent of the Exceptional. Ins $25.000.00 The Laerty City optimist Cl b 0f Florid. kale. S 50.000.00 The Non-Violence Project LISA, Inc. $30,000.00 The a s Associa09n d Greater Miami. (Florida) $ 15 000.00 Theodore Roosevelt 0- - Memorial Fwd, kvc_ S 5.00Dm U Md " ' ' Marcel Artists, Inc. $50.000-0 District 5 Priority Resents $ 63.960.00 TOTAL PUBLIC SEMM FUMONiIG AMOUNT $1.745,111 O 12. Otscesion and propoesd resolution aIoe - g 5004AW of 2911; Year Com nunity Drvalopmant Block GMM (CDBG) Pnograrn kids kir Ceplial Miprovannto in to 291h Program as Oaiovvs: Ago= KIDCO Chid Cars, Inc. S100AW.00 City of Munn Capital kriprom 0. Projects $704.500.00 TOTAL CAPITAL 004KWBNW FUNOM AMOUNT: see4. mem 13. Discission and proposed resolotiori gnaninp an a111n of time. from December 14.2002 to Decanber 31.2004. In SAME Davdopment Corporation of south Florida Inc. (SAME), inoemeetion wih Ow eaatruolion and sak cf rainy (40) new sergM Wal lly horrors for qua I low and modeab-income Iii M-s paved an certain ornery city-ovmad perces at NaidwaN Dlh and Olh SserM bslrearn N9rlhwwt 31k and 6th Averam, Miami. Florida in On ovsrtown naighbahood: and naheskg dAgatiora of tla City and the SaAharwbrt rt OvwnlPark Wa ComrtrrMy RadmnNopnent Agency (CRA) for the pnoviw0n of marketing 10r the New Nope Ovasowsn l bukg ProjKt holding SAME solely rasponsiWe for marketing the pn0jset 14. Discission and proposed nee0fisti0rr authc iang a gram, in an amount not to slowed $100.000. to Nrriglbors and Neighbors Association (NA-NA) to assist Maty small businessearallocasirg fords from an account to bei- eidI Interested terested inolkwhiak aro raoua900 to amend Mrs Pubic Nruirg The meeting site is i=essale to the handicapped. Tf (Ad No.115E) I -q dno3S am tuoi; amsuao 03- 709 ,�