HomeMy WebLinkAboutExhibit 2CITY OF INILUXII, FLORIDA
HOUSING OPPORTL,NITIES FOR PERSONS WITH AIDS GRANT (HOPWA)
AGREEMENT
HOUSr,IG SPECIALIST AIM) L TSPECTION SERVICES FOR THE LONG TERM
TENAINT BASED REl\�4L ASSISTANCE PROGRAM
This Agreement (hereinafter the "Agreement") is entered into this day of
2010 bet veen the City of Miami, a municipal corporation of the
State of Florida (hereinafter referred to as the "City"), and , a Florida not for
profit corporation, (hereinafter referred to as the "PROJECT SPONSOR")
FUNDING SOURCE: HOUSING OPPORTLNITIES FOR PERSONS WITH
AIDS
CONTRACT AMOUNT: S .00
TERM OF THE AGREEMENT: Effective date of this Agreement shall be the latter of
October 1. 2010 or the date that the City Clerk attest the
signature of the City Manager throu& Set)teinber 30. 2011,
��Tith the City of Miami retaining the option to extend the
term hereof for a period not to exceed one (1) year. subject
to extension of Program availability and apUropriation of
grant funds.
ADDRESS:
ICS # j D,l�i1'�
WITNESSETH
\VHEREAS, 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
)V-HEREAS, 24 CFR 574, Subpart B; stipulates that the most populous unit of general
local government in an Eligible Metropolitan Statistical Area (ENISA) be the applicant for the
HOPWA Program funds allocation for the EMSA; and
WHEREAS, in Miami -Dade County, the City of Miaini is the most populous City, and
thereby, the desigzlated 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 Coim-nunity Health of South Dade, Inc. for the provision
of HOPWA assistance to very low-income persons living with HIV/AIDS; and
'\VHEREAS, 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 teens and conditions hereinafter stated, the City
and the PROJECT SPONSOR agree as follows:
ARTICLE I
EXHIBITS A, D DEFfNITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A Corporate Resolution
Exhibit B Work Pro arain
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Exhibit C Compensation and Budget Summary
Exhibit D Certification Regarding Lobbying Foran
Exhibit E Certification Regarding Debarment. Suspension and other
Responsibility Matters (Primary Covered Transactions Foran)
Exhibit F Crime Entity Affidavit
Exhibit G Insurance Requirements
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Aa eennent Records Any and all books, records, documents, information, data;
papers, letters, materials, and computerized or electronic
storage data and media, whether ivritten, printed,
computerized, electronic or electrical, ho«ever collected or
preserved which is or was produced, developed,
maintained, completed, received or compiled by or at the
direction of the PROJECT SPONTSOR 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.
Deoartment 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.
HOPNVA The Housing Opportunities for Persons With AIDS
Program.
HOPWA Re--ulations Regulations promulgated by HUD for the HOP'WA
Program, 24 CFR Part 574, Final Rule; and any changes
thereto. v
Low Income Households whose gross income do not exceed 80% of the
area median income for the PMSA, as determined by FiI JD,
as of a specific effective date.
PM -SA 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.
ARTICLE II
BASIC REQUIREMENTS
The follo« ing documents must be approved by the City and must be on fele 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 "B" to this Agreement and shall include the following:
2.1. l 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 HOP'WA funds. Where appropriate it should list
measurable objectives; define the who, what, where and v, -hen 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 play 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 mneasuiinG actual
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progress during the term of this Agreement. These iterns 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 Compensation and Budget Sununary attached hereto as Exhibit "C", which shall
include: completion of the PROJECT SPONSOR's Itemized Budaet, Cost Allocation,
and copies of all subcontracts and,/or management services agreements funded in Nv ole
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 «ill carry out the V\7ork 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 «Thich
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 0MB 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 1vlanagement 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 "0" (Procurement Standards);
2) OM -B Circular Nos. A-122 and A-21: "Cost Principles for Non -Profit Oraan-izations
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.
2.12 Copy of the PROJECT SPONSOR'S last federal income tax return (IRS Fonn 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.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION.
For the purpose of this Agreement, the Department «Till act on behalf of the City in the
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scal control, programmatic monitoring and modification of this Agreement, except as otherwise
provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM.
Effective date of this Agreement shall be the latter of October 1, 2010 or the date that the
City Clerk attest the signature of the City Manager through September 30, 2011, with the City of
Miami retaining the option to extend the tern hereof for a period not to exceed one (1) year,
subject to extension of Program availability and appropriation of grant funds.
3.3 OBLIGATIONS OF PROJECT SPONSOR.
The PROJECT SPONSOR shall carry out the services and activities as prescribed in its
Work Prod am, 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 v ith the written policies,
procedures, and requirements as prescribed in this Agreement; and as set forth by HUD and the
City.
3.? 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 ±iinediately 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
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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
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) Tlie 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.
(a) Any proposed Solicitation Notice, Invitation for Bids; and Request for
Pr000sals.
(h) The disposal of any Agreement Records.
3.6 MANUALS.
The PROJECT SPONSOR is aware of and accepts the City of Miami HOPWA Policies
and Procedures Manual as the official document which outlines the fiscal, administrative and
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federal guidelines which shall regulate the day-to-day operations of the PROJECT SPONSOR.
The HOPWA Policies and Procedures Manual is incorporated herein and made a part of this
Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual
via Program Directives. These Program Directives and updated versions of this Policies and
Procedures Manual shall be incorporated and made a part of this Agreement.
ARTICLE IV
FUNDENG AND DISBURSE-INIENT REQUIREINTENTS
4.1 COMPENSATION.
The amount of compensation payable by the City to the PROJECT SPONSOR shall be
based on the rates, schedules and conditions described in Exhibit "C" attached hereto, which by
this reference is incorporated into this Agreement.
4.2 INSURANCE.
At all times during the term hereof, the PROJECT SPONSOR shall maintain insurance
acceptable to the City. Prior to commencing any activity under this Agreement, the PROJECT
SPONSOR shall furnish to the City original certificates of insurance indicating that the
PROJECT SPONSOR is in compliance with the provisions described in Exhibit "G" attached
hereto, «which by this reference is incorporated into this Agreement.
4.3 FINANCIAL ACCOUNT TAB ILITY.
The City reseii7es the right to audit the records of the PROJECT SPONSOR at any time
during the performance of this Agreement and for a period of five years after its
expiration/terrnination. 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
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the basis of such audit and at its sole discretion, not to constitute reasonable and necessary
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 fiends, and/or changes in
regulations or local HUD interpretations of regulations and directives.
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 5500,000.00 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 Generally Accepted Governnent
Auditing Standards (GAGAS) and OMB Circular A-133. The audit shall
determine whether the financial statements are presented fairly in all material
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respects in conformity with generally accepted accounting principles. In addition
to the above requirements, the auditor shall perforin 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
tlus 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 surnmaiy 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 «lith
generally accepted principles and an opinion (or disclaimer of opinion) as to
x-hether the schedule of expenditures of Federal Av,;ards is presented fairly in all
material respects in relation to the financial statements taken as a j' -hole.
(b) a report on internal controls related to the financial statements and
major prograins. This report shall describe the scope of testmi cr of intenzal
controls and the results cf the test, and, where applicable; refer to the separate
schedule of findings and questioned costs.
(c) a report on compliance with la -,,,,s, 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
Ageement which could have a direct and material effect on the pro�zam 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 5500,000 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.
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.
VVI- ere appropriate, instances identified shall be _related to the unsverse and the number of
cases exa-pined and quantified in tenns of dollar value.
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ARTICLE '%/-I
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 HOP«jA Program regulations under
which the activity is eligible.
6.1.2 Records demonstrating that client meet eligibility criteria set forth in the HOPWA
Policies and Procedures Manuals and that such information is provided in the
form- required in such Manual.
6. 1.3 Equal Opportunity Records containing:
(a) 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 f nds. Such information shall be used on1_y 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 progams.
(b) Documentation of actions undertaken to meet the requirements of Section
3 of the Housing and Urban 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.
6.14 Financial records; in accordance «Ndth 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 five (5) years from the expiration/termination of this Ageement (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 irade 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, as may be limited by 24
CFR 574.440 pertaining to the confidentiality of program participants.
The PROJECT SPON?SOR shall ensure that the Agreement Records shall be at all
tunes subject to and available for full access and revie-��T, inspection and audit by
the City, federal personriel and any other personnel duly authorized by the City.
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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
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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
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 ill 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
exUiration 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
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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 rn 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 Pro
grain for public purposes.
6.3.2 If the PROJECT SPONSOR receives funds ftom, or is under regulatory control
of, other governmental agencies, and those agencies issue monitoring reports,
regulatory exanunations, 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.
6.4 -MONITORING.
The PROJECT SPONSOR shall pen -nit 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 tenns of thiis Agreement, and/or intendew 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 N7,-ith a reasonable justification for not
correcting the same. The Department will detennine in its sole and absolute discretion whether
or not the PROJECT SPONSOR's justification is acceptable.
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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 obsen-ations 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 tenn
"related -party transaction" includes, but is not limited to, a for-profit or nonprofit subsidiary or
affiliate organzation, 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 report this infonr_ation to the Department upon forming the
relationship, or if already formed, shall report such relationship prior to or simultaneously «=ith
the execution of this Agreement Any supplemental infonnation shall be promptly reported to
the Departrnent.
ARTICLE VII
OTHER PROGRAM REQUIREMENTS
7.1 The PROJECT SPONSOR shall maintain current documentation that its activities are
HOPVdA eligible in accordance with 24 CFR Part 574.
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7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted in whole or in part. with HOP'WA funds is an activity
which prm ides benefit to low income persons living «lith HIST/AIDS.
7.3 The PROJECT SPONSOR shall comply with all applicable pro-vdsions of 24 CFR Part
574 and shall carr; 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 -D ISCRIMINTATION.
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 z�jitlh the activities
and/or the 'Work Program or its performance under this Agreement.
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,
sexual orientation 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 Progr-ain 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 CFR Part 84 (the revised OMB Circular No. A-110).
7.10 RELIGIOUS ORG_gNIZATIONS/CONSTITUTIONAL PROHIBITION.
If the PROJECT SPONSOR is or was created by a religious organization, the PROJECT
SPONSOR agrees that all HOP«%A 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, HOP'WA assistance may
not be used for religious activities or provided to prunarily religious entities for any activities,
including secular activities. The PROJECT SPONSOR shall comply witli those requirements and
prohibitions when entering into subcontracts.
7.11 REVERSION OF ASSETS.
Upon expiration/ternination of this Agreement, the PROJECT SPONSOR must transfer
to the City any HOP«7A funds on hand at the time of expiration/tennination and any accounts
receivable attributable to the use of HOPWA funds.
Not withstanding any other provision of this Agreement, if the PROJECT SPONSOR
materially fails to comply with any term of this Agreement, the PROJECT SPONSOR, at the
sole discretion of the City, shall pay to the City an amount equal to the current market value of
any real property, under the PROJECT SPONSOR's control; acquired or improved in whole or
in part with HOPV,\%A Funds (including HOPWA Funds provided to the PROJECT SPONSOR in
the form of a loan and/or grant), less any portion of the value attributable to expenditures of non -
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HOPWA funds for the acquisition of., or improvement to, the property. The payment is program
income to the City.
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 teens 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 SU3CONTRACTS 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 breakdo«-n 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 Citv's 1\1inority Procurement Ordinance, and «-ith 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
progranunatic service, as may be defined by the City, set forth in this
Aareernent. The Citv shall in its sole discretion determine when services
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are eligible substantive programmatic services and subject to the audit and
record-keeping requirements described in this Agreement; and;
(e) Incorporate the language of Section 7.15 hereof.
7.13.2 The PROJECT SPONSOR shall incorporate in all consultant subcontracts the
follo«,ing 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 '��7ithholding, retirement or leave benefits nonnally 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
confinnation any subcontract engaging any party to carry out any substantive
prograirnnatic activities, to ensure its compliance with the requirements of this
Agreezment. The City's review and confinnation shall be obtained prior to the
release of any funds for the PROJECT SPONS=s Subcontractor(s).
7.13.5 The PROJECT SPONSOR shall receive «mitten 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 pa«vents resulting fiom this
Agreement.
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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)
«-ith the Copeland Kick Back Act, Contract N�7ork Hours and Safety -Standards
Act, and 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 lobb5ring the Legislature, judicial
branch, or a state agency are expressly prohibited.
ARTICLE N711I
8.1 PROJECT SPONSOR CERTIFICATIONS. ASSURANCES. AND REGULATIONS.
The PROJECT SPONSOR certifies that:
(a) The PROJECT SPONSOR 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 hereili, and directing and authorizing the person
identified as the official representative of the PROJECT SPONSOR to act
in cormection with this Agreement and to provide such mfon-nation as may
be required.
(b) The PROJECT SPONSOR shall comply «-ith the Hatch Act,-wi-lich limits
the political activity of employees.
22
(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 thermselves or
others,particularl- those «xith whom they have family; business, or other
ties.
(d) To the best of its lino«ledge 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 other-vvise criminally or civilly
charged by a goverrrnent entity (Federal; State; or local) with the
cornrnission of any of the offenses enumerated in this Article VIII; and
(iv) have not, v,7ithin 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 LX
PROGRAM IllCONIE AND REPAYME'N'TS
9.1 PROGRAM INCON/ E.
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 activity that is only partially assisted with the HOPWA funds, the income shall be prorated to
rerlect the percentage of HOPWA folds used. Program income generated by HOP'\�jA 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/tenminates 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 HOP SVA funds shall be remitted to
the City on a monthly basis. Any HOPWA funds 5ainded to the PROJECT SPONSOR that do
not meet the eligibility requirements, as applicable, must be repaid to the City.
24
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 Agreeine-nt without penalty to the City. In that event,
notice of termination of this Agreement shall be in «-riting to the PROJECT SPONSOR by
certified mail, return receipt requested or by in person delivery with proof of delivery.
PROJECT SPON SOR shall be paid for those services performed prior to the date of its receipt to
the notice of tennination. 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 SPONTSOR 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 tern of this Agreement,
the City may take one or more of the follm; ,'ing courses of action:
10.1.1 Temporarily withhold cash pa3anents 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. 13 Wholly or partly suspend or terminate the current HOPWA funds awarded to
the PROJECT SPONSOR.
10.1.4 'Withhold further rants and/or loans for the PROJECT SPONSOR.
10.1.E 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 pa3,-ments to the PROJECT SPONSOR pending necessary corrective
action by the PROJECT SPONSOR. Reasonable cause shall be determined by
the Department in its sole and absolute discretion, and may include but are not
limited to:
(a) Ineffective or improper use of the HOPWA funds by the PROJECT
SPONSOR;
(b) Failure by the PROJECT SPONSOR to materially comply with any term
or provision of this Agreement;
(c) Failure by the PROJECT SPONSOR to submit any documents required by
this Aa etment: or
(d) 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 f nded by this Agreement.
26
10.2.4 The Department will notify the PROJECT SPOIN SOR 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 T ERMLNATION.
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
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 in-hole or in part, in the event
the Department detennines, in its sole and absolute discretion, that the PROJECT
SPONSOR is not materially complying with any tern or provision of this
is
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
')7
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 t«-enty-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
Agxeement. The provisions 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 servicesiWork Program required under this Agreement, without
penalty to the City. In the event of any such tennination, 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 v, -hen and as provided in Section 11.10.1 hereof.
28
ARTICLE XI
1NIISCELLANTEOUS PROVISIONS
11.1 INDEMNIFICA T ION.
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 «Tork Prograin or otnerivise 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, judanents, 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 amendinents to this Agreement shall be binding- unless in writing and signed by both
parties hereto. Budget modifications shall be approved by the Departinent in ��,riting.
11.3 0'W- ERSHIP OF DOCUMENTS.
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 Lary-, Chapter
119, Florida Statutes.
It is further understood by and between the parties that any document «01ich is given by
the City to the PROJECT SPONSOR pursuant to this Agreement shall at all times remain the
?9
property of the City and shall not be used by the PROJECT SPONSOR for any other purpose
whatsoe�-er without the prior written consent of the City.
11.4 AWARD OF AGREEMENT.
The PROJECT SPONSOR warrants that it 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.E 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 «ith 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.
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 fuither covenants that; in the
performance of this Agreement, no person hay -ring 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.
30
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), Miami -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 24 CFR Part 84 (the revised OMB Circular No. A-110).
11.7.4 In all other cases, the PROJECT SPONSOR shall comply with the standards
contained within 24 CFR 574.625.
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 ENTRE AGREEMENT.
This instrLunent 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
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 GE'N-ERAL CONDITIONS.
11.10.1 All notices or other communications «Ahich shall or may be given pursuant to
this Agreement shall be in wn'ting 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 sane may be changed from time to time upon notice in «Titing. Such
notice shall be deemed given on the day on which personally sen -ed, or, if by
mail, on the fifth day after being posted or the date of actual receipt, whichever
is earlier.
CITY OF 1\/I AMI
George Mensah, Director
Department of Cornmunity Development
444 Southwest 2nd Avenue, 2nd Floor
Miami, Florida 33130
PROJECT SPONSOR
11.10.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
11. 103 In the event of conflict between the terms of this Agreement and any terns or
conditions contained in any attached documents, the teens in this Agreement
shall control.
11.10.4 leo V,, giver of breach of any provision of this Agreement shall constitute a
«,giver of any subsequent breach of the same or any other provision hereof, and
no N aiver shall be effective unless made in writing.
11,10.5 Should any provision; paragraph, sentence, -ord or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the lav, -s 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 confoinm with such laws, or
if not modifiable to conform v ith such lavAis, then same shall be deemed
severed, and in either event, the remaining terms and provisions of this
Agreement shall remail 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.
IN WITNESS WHEREOF; the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized on the date above wn'tten.
ATTEST:
Naive:
Title
ATTEST:
By: -
Date
Priscilla A. Thompson Date
City Clerk
APPROVED AS TO
INSURANCE REQUIREMENTS:
PROJECT SPONSOR:
<<,Program_Agency»
«1\2ailina Address>>
<<City_» , <<State>> <<Zip_Code>>
a Florida not-for-profit corporation
By:
Name:
Title:
CORPORATE SEAL:
Date
CITY OF MIAMI; a municipal Corporation
of the State of Florida
By:
Carlos Migoya Date
City Manager
APPROVED AS TO FORM AND
CORRECTNESS:
LeeAnii Brel-Ti Date Julie 0. Bru
Risk Management City Attorney
J4
D ate
EXHIBIT B— NN70RK PROGRAM
HOUSING SPECLA-LIST AND Il`sTSPECTION SERVICES FOR THE LONG
TERM TENANT BASED RENTAL ASSISTANCE PROGRAM
The responsibilities described herein are more specifically described in; and governed by,
the Cit) of Miami Housing Opportunities for Pe7'5072s With AIDS ("HOP7EV) Policies
and Procedures Manual and HOPTIFA Program Directives (incorporated herein by
reference and jointly referred to herein as the HOPTJjA Policies and Procedures Manual).
I. Housing Specialist Services:
a The PROJECT SPONSOR will provide Housing Specialist Services and Inspection
Services in support of the HOPWA Long -Tenn Tenant Based Rental Assistance
("LTRA") Program to up to LTRA clients assigned by the City of Miami
Department of Community Development. Said services shall be performed in strict
accordance with policies and procedures set forth in the HOPWA Policies and
Procedures Manual and shall include, but not be limited to, the follo«-Ing:
Certify applicants for participation in the HOP'WA long-term rental assistance
program. Certification includes making income verifications and eligibility
detenninations and computing utility allowances, tenant rent and housing
assistance.
Conduct annual, special and move re -certifications for assigned clients - -ithi.n the
timeframes specified in the HOPWA Policies and Procedures Manual.
a Explain program rules and expectations, client's obligations and rights under the
program, including grievance process.
a Assist clients in identi-Mng suitable housing and negotiating rental agreements,
including review of tenant -landlord leases for compliance with federal; state and
local laws. and verification of property ownership.
= Once units are selected, be available to meet -Vith owliers to review program
papen,�Jork and secure owner's written agreement to participate in program.
Prepare and submit initial; annual and special re -certification packages to the City
in the form and witl-dn the timeframes specified in the HOPWA Policies and
Procedures Manual.
Submit Financial Action Requests to make adjustments to program assistance
payments. institute abatements or hold payments, terminate assistance and/or
make changes to landlord information within the timeframes specified in the
HOPWA Policies and Procedures Manual.
o Submit an annual report to the City on program activity in a form established by
U.S. HUD and perform any other reporting activity requested by the City.
s Maintain current client case notes (typed only).
• Assist tenants and landlords in resolution of housing -related issues as appropriate
and serve as a liaison between the landlord and the City of Miami HOPWA
Program.
® Act as liaison between client and case manager to ensure client's continued
housing stability and access to necessary services.
e Conduct initial housing stability assessment and assist the client in developing
housing stability plan based on assessment and Ryan White (or other social
service provider) case management plan.
® Make monthly contact with client to ensure client occupancy in assisted unit and
client's housing stability.
Make quarterly home visit to (1) monitor client's housing stability and condition
of housing unit and (2) assist the client in reviewing and updating his or her
housing plan.
e Coordinate service referrals with the clients' Ryan White and/or PAC Waiver
Case Manager.
Perfon-n exit inspections to ensure that deposits are returned when clients move
out.
Q Explain and interpret federal and local HOP�A7A regulations and rules to
interested landlords, realtors and property owners.
Investigate alleged incidents of program rule violation(s) and/or abuse by client or
landlord.
• Prepare chronology and supporting documentation; and present case in the form
of written recommendations for, and grievance hearings to review, continuation or
termination of participation in the program in event of program rule violations by
either client or landlord.
II. Inspection Services
9 The PROJECT SPONSOR will schedule and complete Annual, Move -In and
Complaint Housing Quality Standards ("HQS") Inspections of units either selected
for occupancy or currently being occupied by LTRA clients who are assigned to the
PROJECT SPONSOR. Said HQS inspection services shall be performed in strict
accordance with policies and procedures set forth in the HOP"VA Policies and
Procedures Manual.
® All inspections will be performed by individuals who have received the required
certification to satisfy the United States Housing and Urban Development ("U.S.
HUD") HQS requirements. PROJECT SPONSOR will submit copies of these
Certifications with the contract documents.
C PROJECT SPONSOR shall transmit (by mail, facsimile or e-mail) results of
inspections to the City; the landlord and the tenant and any other party specified in the
HOPWA Policies and Procedures Manual in accordance «-ithin the timeframes set
forth in the Manual.
IFF. '�Feetings and Trainings
• Participate in any performance oversight activities organized by the City;
• Attend City of Miami monthly HOPWA Program meetings and monthly meetings of
the Miami -Dade County Housing Committee;
• Participate in mandatory trainings conducted or required by the Cit;; and
• All prograxn personnel; whose salaries are paid in whole or in part with HOPWA
funds; must complete an HIV/AIDS education course and be recertified every two
years by a Florida Department of Health -approved HIV/AIDS training provider
within sixty (60) days of commencement of the contract period or their hire
thereafter. Such staff includes management and administrative staff.
CLIENT ASSFGliTINZENT:
PROJECT SPONSOR acknowledges that as clients move to different assisted units,
PROJECT SPONSOR will cooperate with the City of Miami in transferring the client
files to the City for assimument to another PROJECT SPONSOR servicing the clients'
new area.
ENV`FROY-MENTAL CLEAR_A_NCE
PROJECT SPONSOR shall not commit or spend any grant funds until the City has
advised PROJECT SPONSOR that the proposed work program has received
environmental clearance to proceed.
SIGNED:
Project Sponsor:
Name:
Title:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this
Date
by _ [Title] of
[Project Sponsorl; a Florida not-for-profit corporation,
on behalf of the corporation. He/she is personally known to me or has produced
as identification.
Print Notary Public's Name Signature
(SEAL)
EXHIBIT C — CO'-NIPENSATION AND BUDGET SUAUNIARY
HOUSLNIG SPECULIST AllTD U SPECTIQN SERV%ICES FOR THE LONG
TERM TENAIhTT BASED RENT -A -L ASSIST ONCE PROGRAM
A. The maximum compensation under this Agreement shall be S
B. PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative,
Staff Salaries Schedule are attached hereto and made part of this contract.
C. All payments shall be for services provided only during the term of this
Agreement and in compliance with the previously approved Work Program
(EXHIBIT B) and Program Budget. Each written request for payment shall
contain a statement declaring and affirming that services were provided
accurately and for certified program participants and in accordance with the
approved Scope of Work and Program Budget. All documentation in support of
each request shall be subject to review and approval by the CITY at the time the
request is made.
D. PROJECT SPONSOR understands that not more the seven (?%) percent of the
administrative expenses can be charged to this program.
E. At the tine the request is made, all invoices are required to be paid by the
PROJECT SPONSOR. All reimbursements must be in line -item form and in
accord with this Agreement. All expenditures must be verified «with a copy of
the original invoice and a copy of a check or other form of payment which was
used to pay that specific invoice. Within 60 days of submitting each
reimbursement request, copies of the cancelled checks or other City approved
documents evidencing the pa5nnents by the PROJECT SPONSOR for which
reimbursement was requested shall be submitted. In the event that an nivoice is
paid by various fanding sources, the copy of the invoice must indicate the exact
amount (allocation) paid by various funding sources equaling the total of the
invoice. No miscellaneous categories shall be accepted as a line -item budget.
F. During the tern hereof and for a period of five (f) years following the date of
the payment made hereunder, the CITY shall have the right to review and audit
the related records of the PROJECT SPONSOR pertaining to any payments by
the CITY.
G. The PROJECT SPONSOR must submit the request for final payment to the
CITY within 30 calendar days follo-wing the expiration date or termination date
of this Agreement in a form provided by the Department. if the PROJECT
SPONSOR fails to comply w-ith this requirement, the PROJECT SPONSOR
shall forfeit all riahts to payment and the CITY shall not honor any request
submitted thereafter.
H. 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.
Project Sponsor:
Name:
Title:
D ate