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Exhibit
AGREEMENT BETWEEN MIAMI-DADE (OtNIV AN [1 CITY OF NIIAMI FOR A 2007 SUPPORTIVE HOUSING PROGRAM GRANT/ FL14B700032 HOMELESS ASSISTANCE PROGRAM THIS AGREEMENT, entered this dav . 200 . by and between Miami- _ _ Dadc County (herein called the "Grantee") and City of Miami (hereinafter referred to as the Subrecipient") under this Agreement. WHEREAS: the Grantee has applied for and received funds from the United States Government under Title IV of the Stewart B. McKinney Homeless Assistance Act: and WHEREAS, the Grantee agrees to comply lvith ali requirements of this Agreement and to accept responsibility for such compliance by the Subrecipient to which it makes grant funds available: and NOW. THEREFORE, it is agreed between the parties hereto that: STATEMENT OF WORK: A. Activities Thc Subrecii)kent shall adhere to the 7' 007 Suppoftivc Housing Program Grant Agreement Attachment A. which is LOVerned bv the Supportive Housing Program rules, 24 CFR. Part 58-,. he Subrecipicnt shall carry out the activities specified in the "Scope of Services" Attachment. A-1. "Housin,, T\pe, Numb,,ff of Units. .Bedrooms. Beds. and Participants'. Attachment- A-2, ad' e "Performance Measures/Goals" as stipulated • in Attachment A-3, and "Project Milestones". Attachment A-4 as applicable. The Subrecipient shall also adhere to minimum standards of housing and services as set forth in the "Standards of Care", incorporated herein bv eferc'nee. 13. TirneSchcciule The Grantec and the Subrecipient agree that this Agreement shall become effective on June I, 200: This A.ETOCT1C!.111 Shall C7n: pi re May 31, 200...4„ 0710 ( r fi.0111 ciff-ctive date. Am; cost incurred tw• the Subrecipient beyond this date wiri not be paid by the Grantee. except as speCifically he.rein. NotwithstandinE,: any provision hcrein. to the contrary. certain, c/p. thc h:y an::1 i:cdera! iCY n.7 • '11.; 77-P' VCMY ri GRANT NUMBER: FLl4B7OO i32 City of "' i„ ini — Homeless .':ssisn nee Program HAP/ Page 2 of 22 Budget The The Grantee agrees. subject to the availability' of funds and payment of funds to the Grantee by - the United States Department of Housing and Urban Development. to pav for contracted activities according to the terms and conditions contained within this Agreement. the Subrccipient's application for the Supportive Housing Program. and the Subrecipicnt+s Technical Submission incorporated herein as Attachment B, the Budget, in an amount not to c-,cced S239.I16.00 for Supportive Services. and S11,955.00 for administration (minus 2.5'.4 administrative costs to be retained by the Grantee). for a total budget of $251,071.00. If applicable, in accordance with Federal Regulations, provider shall be reimbursed for capital funding on an incremental basis. based on the following completion benchmarks: 30%, 30%. 30°%_ and 10%/0 to be provided vvhen a final Certificate of Occupancy' is obtained from the developer. All other activities shall be paid on a reimbursement basis fbbllo?ving the submission of a monthly invoice along `ith the appropriate support documentation. In accordance with federal requirements, the Subrecipient agrees to provide match funds in an amount that represents no less than twenty perent (20%) of the total supportive services budget. or tivent_ -five percent (.25 ' ) of the SHP supportive services funding. and no less than twenty-- five percent (2 %) of the total operations budget. The Subrecipient agrees to provide supportive outreach Lc' 3,000 homeless persons (itidividiials and families.): 2.850 assessments and 1.,500 placement of hoilleless persons in the Citv of Miami. Miami -Dade Count'.. The Subrecipient a thee; to place 360 homeless persons into transitional (treatment ) housing The project'. Iiain. otTice is located at 141(- \'\ i" ,F;}'ei'IIL. Miami. Florida. RECORDS A;ND REPORTS A.. :Financial Management 'Filo Grantee and the Subrocinictn _haU idhcreto tic requirements ?oi- reporting. - as stared in 24 CFR Part 85.4l-. Requests for payments. al'ony `vial documentation for each fine. item. i.e. for scn oes/ ousIn"_,. capital invoice (if applicabli). lease agreement. payroll reports. shall be ,. the (Zrr . t . b`.' the fifteenth (15th.) of the month and shall ac . ,eyed. by the Executive Director and the 1 inancial Officer 1. the Su_.,eci ?t form 3 orporar -1ii;; tali✓ e �F ii c rt..u-CCx herein as Atv2chn.1ents i_ and t_'-1., costs the GRANT NUMBER: FLI tB7( )32 iv of Miami - Homeless Assistance Program 1-HAP! Page 3 of 22 the expiration of the grant, if there is a shift of 10' , or more of funds between line items of any activ ity. _ supportive services. operations. or leasing or there is a significant change to the program. Requests for minor modifications (for example less than 10% shift of funds between hue items) must be submtted at least- 30 days prior to the expiration of the grant - Failure to submit the appropriate supporting documentation in a timely manner may result in the Grantee. s inability to amend the budget. A final request for reimbursement from the Subrecipient will be accepted by the Grantee up to thirty (30) days after the expiration of this Agreement. If the Subrecipient fails to comply. all rights to payments will be forfeited if the Grantee so chooses. Within thirty (30) days of the termination or expiration of this Agreement, a final report of expenditures shall be submitted to the Grantee. If after the receipt of such final report, the Grantee determines that the Subrecipient has been paid funds not in compliance Nvith the Agreement. and to which it is not entitled. the Subrecipient will be required to return such funds to the Grantee or submit documentation demonstrating that the expenditure was in compliance with this Agreement. The Grantee shall have the sole and absolute discretion to determine if the Subrecipient is entitled to such funds and the Grantee's decision in this matter shall be final and binding. Records S and Access to Records Agreement Records are defined as ally and all books. records. client files (including client progress reports. referral I rnis. is.). documents. information. data. papers. letters. materials.electronic storage data and media whether \\TttteI. printed electronic or il'"trical however �vi,cc ocor r :$ii:tu which ii is or was produced, develop ed. maintained. completed. received, or compiled by or at the direction of the Subrecipient or any subcontractor for direct] \ or indirectly related to the duties and obligations required b.: terms of this contract. including but not limited to financial b'a rev and records. ledgers. drawings, maps. pamphlets, designs_ electronic tapes. computer drives and diskettes or surveys. The Subrecipient must maintain Agreement Records that document all actions to comply iti: this .R _ ee n,.nt. inci..UWi those race._ -eth ucit\.. and disability status data. and those in a.Ccordanee with generaaccepted accounting principles. procedures. and. practices .,_ required is Uncut:., OM_ 1__ which shall suffitiontly and properly reflect al i - and }ref i s } s p) ! h i or indirectly pursuant r�tClit'.s aiiG 'ti�_� Ill til of tUI_:t„ i t � Cted C 1iCtn\ _�:irt"{�i, t',\' the Grantee 1.�,. Llan�' to he A. i2 _E:..;t s .,,.. ?. ,. ':{ `.IC.: be limited to a cas.h receipt GRANT NUMBER: FL141370003.2 f Miami Homeless Assistance Program HAP! Page 4 of ).) The Subrecipient shall ensure that the Agreement Records shall at all times be subject to and available for full access and revie\y. inspection, or audit by Grantee and Federal personnel and anv other persons so authorized bv the Grantee. The Subrecipient shall include in all the Grantee -approved subcontracts used to engage subcontractors to carry out anv eligible substantive programmatic services. as such services are described in this Agreement and defined by the Grantee. each of the record - keeping and audit requirements detailed in this Agreement. The Grantee shall, in its sole and absolute discretion. determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. These records shall be maintained as pursuant to this Agreement. 6 If the Subrecipient received funds from or is under regulatory control of other governmental agencies. and those agencies issue monitoring reports. regulatory examinations, or other similar reports. then the Subrecipient shall provide to the Grantee a copy of each report and any follow-up communications and reports immediately upon such issuance unless such a disclosure is a violation of those agenciesrules. C Reports The Subreci p i en t shall stib it to the Grantec tl e reports described below or anv other document in whatever form. manner. or frequency as may be requested by the Grantee. These will be used for monnoring the providers progrcss performance. and compliance with applicable Grantee and Federal rodurCillaitS. Progress Reports — Subrecipient shall submit a HMIS generated. "Monthly Progress Report (MPRI," Attachment D, a10111-_, Nvith the fOlIONVing monthly reports using the forms attached hereto as -Client Contribution Report" Attachment F. as they may be revised b'; the Grantee_ which shall describe the progress made by the Subrecipient in achieving each of the objectives identified in Attachment A-3. The reports shall explain the Subrecipient's progress including comparisons of actual crsus D131)110..:j fOr inc. pC11:0Ci. TiV reports arc due by the 1501 day of flic fohov,ilv mont!-L. aon ith the fc'quest rc.r einabursemont. following the close of the prior Annor.ii Pp.:cress Rop;;::;rt - The Subp.icipie:iyi shad': sni.i,mita RMTS gzneratod Annual sTaics Denartmant c17 'Annual Progress Repbrt e Assisi '--;";;',21;.."-';' IC) '-‘,11fECII.Ment GRANT NUMBER: FL 14B O0O',2 - Iion}ciess Assisianec Program HAP Pi}_le 5 of 27 Audit Reports - The Subrecipient shall provide two (2) copies of an annual certified public accountant's opinion and related financial statements on the organization to the Grantee no later than one -hundred and eightv (180) calendar days following the end of the Subrecipient's fiscal year. for each year during \which this Agreement remains in force or until all fluids earned from this .Agreement have been so audited. \vhichcver is later. provided that the Subrecipient has such an opinion prepared. Annual Assurance Report - The Subrecipient who receives assistance only for leasing, operating costs_ or supportive services costs must provide an annual assurance ieport for each vear the assistance is received that the project will be operated for the purpose specified in the application. Employee Certification .Form - Government Entities ONLY - The Subrecipient is required to submit semi-annually certifications for those employees :working solely on a particular Supportive Housing Program (SHP) grant. The certification must be signed by the employee and the supervisor and conform to OMB Circular A-87 Attachment B (h) (3). --Employee Certification fonri Attachment R, must be submitted in Ianuary and July of each year \with the reimbursement request. Incident Reports - The Subrecipient must report to MiamiDade County Homeless Trust information related to any critical incidents occurring during the administration term of its. prograiits. In addition to reporting this incident to the appropriate authorities the Subrccipicnt must within twenty-four (24) hours of any incident. submit in writing a O " i T s nt i I .3 ' _i t Contracts. t;_rrit � theincident. Till, ine_Cll'a, report should �' t addressed Officer or Administrative Officer aSsitcnd. This incident ret7rt should be addressed to Miami -Dade County Homeless Trust, . i I .... First st Street. "o' t .i t, iiii. Florida =128: telephone ((') 3 7 -1490 and facsmilic ('t.':-) i +-2.722. sii_.astei Plan - [ ; Contract \ ear. shall submit an cren \ D st i'.nli i y*} •;I t 'k, staff 1;4 I'.:_ c. s ,•;ti`' an... are listed in the Bt..?-rti. Ocictime . t Attachment R. 1: S tl'. (Z ..client rc.._.r:. . _... f ?G' "'1 S :Ices. i GRANT NUMBER: FL 14B7000 41 io nl li- i?)m — Homeless, ssiStaliCC Program HAP/ Page (i of )) Federal requirements of this grant. The responsibility- for knowledge of and compliance with 'all Federal requirements is that of th • Subrccipicm. The Subrecipieni shall abide and be aov-erned } , the requirements of the Americans with Disabilities Act (ADA). in addition_ the Subrecipient agrees to compl: vyith the following requirements. Insurance A. Government Entities — It the Subrecipient is the State of .Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes. the Subrecipient shall fprnish the County. upon request. written verification of liability protection in accordance \yith Section 768.28, Florida Statutes. Nothing herein shall be construed to extend anv party's liability beyond that provided in Section 768.28. Florida Statutes. B. Non-i ovcmment Entitles — shall maintain required lability insurance coverage as noted below at all times during this contract period. `b•ec ni shall ` 1e; in i The. � i�,1 ..i 3 i �p)c::3 maintain I'e• iLis` �.. liability Stiral)�� coy:.rri.�c, as noted below at all tniies during this contract period: Public Liability Insurance on a comprehensive Yensii e basis in an amount not less than S300,000 combined striate iln c for bodily injury and property QciagcThe Grantee must be show) • 1 o 7s i \ `ia!respect ') s 1 �' 'C V certificate .._. an 2it:�i lt_.1+�1: it. tI� \ i t� _'•.)1 CC\wI L, u_• E;\liiCicvd ti a Ct;II:,iCa,,: of insurance. • Automobile Liability Insurance covorrnil al'.a c non -owned and hired vehicles used in connection with this contract In an amount not less than .S300_000 combined single limit lc.r bodil' injury and proppert. iiaiit``c. 'orkman`s Compensation Insurance for all employees o't the Subrecipient as required Flood insurel cc sh.,l: ._ maintained as o: requirements in 24. f ; R Part 58 . 3O(a) 1. r . _ c saa ..�. 7 .....,:�...:._, ii.,ied ii; stall dad aUthOr GRANT NUMBER: FL I4B7f>lit) 2 C t\ of NI tmu: Homeless. Assistance Prograin.H:AP! Page 7 of 2 Compliance with the foregoing requirements shall not relieve the Subrecipient of its liability- and obligations under this sectionor under anv other section of this Agreement. No modification or iiaiver of an'' of the aforementioned insurance requirements shall be made Svithout thirty 00) days written advance notice to the Grantee_ and is subject to the approval of the Grantee's Risk Management Division. Indemnification The Subrecipient shall indemnify and hold harmless the Grantee and its past present_ and future employees and agents from and against anv and all claims, liabilities_ losses, and causes of action \-rhich may arise out of the actions or negligence. in whole or in part, of the Subrecipient its officers. agents_ employees, or assignees in the direct or indirect fulfillment of this Agreement. The contractor shall pay all claims and losses of any nature in connection therewith_ and shall defend ail suits. in the name of the Grantee when applicable. and shall pay all costs and judgments which may issue. thereon. It is expressly understood and intended that the Suhrecipicnt is an independent contractor and is not an agent _,fthc Grantee. The Subrecipient shall disclose to the Grantee in writing any possible or actual conflicts of interest or apparent improprieties of the kind addressed herein. The Subrecipient shall make each disclosure in writing to the Grantee Immediately upon the Subrecipicnt's discovery of such possible conflict. The Cirantce l.dl then render an opinion \\'hich shall nc binding en all panics. Affidavits Complete and notarize. t 4i ni -Dad (. otmry Required Affidavits Attachment J. Lobbyist Registration for Oral Presentation Attachment K. and Florida Statutes. on Public Entity Crimes Attachment 0, acknowledging compliance with the following Miami -Dade (omit\ Afidai us: .._.lo 11 it A ta_=orient J. Section r- Fa I.�I€i� Leave Plan Affidavit At J. ``SE'CCie.ei. f' Affi _ ., : _r. .... _ `'_ : _ „Attachment .E. Section V GRANT NUMBER: FL l4B700037 Cn cf 1wii - Homeless :Assistance Program HAP/ Pays S of 22 g. Miami -Dade County Criminal Record Affidavit Attachment J, Section IV. h. Delinquent and Currently Due Fees or Taxes - The Subrceipient has duly executed the Affidavit regarding "Delinquent and Currently Due Fees or Taxes" as required by Section 2-8.1(c) of the County Code and that affidavit is attached hereto as Attachment J, Section VI11. The Subrecipient understands that the County has relied on the aforementioned representation in entering this contract. .Affirmative Action/Nondiscrimination of Employment. Promotion and Procurement Practices (County Ordinance 98-30) Attachment J, Section 111. Project Fresh Start (Resolutions R-702-98 and 358-99) Attachment J, Section X. G. Civil Rights The Subrecipicnt agrees to abide by Chapter 11A of the Code of Miami -Dade County (County Code"). as amended. which prohibits discrimination in employment, housing and public accommodations. Where applicable thc Subrccipient agrees to abide and be governed by Title VI and VII. Civil Rights Act of 1964 (42 PSC 2000 D&E) and Title \?111 of thc Civil Rights Act of 1968, as amended. and Executive Order 11063 which provides in part that there will be no discrimination of race. color, sex. religious background, ancestry or national origin in performance of this Acereement in regard to persons served. or in regard le employees or applicants for emplevmeni or housing. It is expressly understood that upon receipt of evidence of such discrimination. the Count\ shall have thenht to terminate said Ao-F-rinent. It is firrrher understood that the Subrecipient must submit an affidavit attesting that it is not in violation of the American with Disabilities Act. the Rehabilitation Act the Federal Transit Act. 49 USC § 1612. and the Fair HoUsino- Act. 42 LISC * 3601 et seq. if the Subrecipient or am owner, subsidiary , or other finn affiliated with or related to the Subrecipient, is found by the responsible enfreernirr agency, the Courts or the County to I.N.fifl iviolation of these Acts. the Count \ conduct no further business with the Subrecipient. Any contract entered intc.) based upon a false, affidavit shall be voidable bY the County. If thc Subrecipient violates anv of thc Acts durinQi, the term of an Contract the Subrecipient has \vith the County. such Contract shall bc voidable by the Cowit.y. even if the Subreelpient wZS niDt 311 'CiOiaii011 the time it submitted as a ffida COIF:rill,: 1:111 lili:11C" in tilt:" GRANT NUMBER: ELI 4B70003) C(1:,oF7.\11Mi - 1-40111CICSS ASSiSIM2C Program HAP/ Page 9 of 27 Section 504 of the Rehabilitation Act of 1973as amended: 29 UST 794, which prohibits discrimination on the basis of handicap. The Subrecipient ailyees to abide and be Ltoverned by the requirements of the Americans with Disabilities Act (ADA). 111. SUSPENSION AND TERMINATION A. Suspension The Grantee ma Y. for reasonable cause_ temporarily suspend the Subrecipient's operations and authority to obligate funds under this Ai:gement or withhold payments to the Subrecipient pending necessary corrective action by the Subrecipient or both. Reasonable cause shall be determined by the Grantee and in its sole and absolute discretion and may include: 1. Ineffective or improper use of any funds provided hereunder by the Subrecipient: Failure by the Subrecipient to materially comply with any terms, conditions. representations or warranties contained herein: Failure by the Subrecipicnt to submit am. documents required by this greement: or 4 The Subrecinients StIbmittal of incorrect or incomplete documents. B. Termination Termination at - This Agreement_ in whole or in part. may be terminated b\ • the Grantee upon no less than fifteen (15) \vorking days notice \ben the Grantee determines that it \Yould be in the best interest of the Grantee and/or thc recipient tocompiy with the terras and conditions of an eiN\ aril. Said notice shall be delivered bv certified mail. return receipt requested, or in person with proot dehvery. The Subrecent \\ill have five (5) el.a.s -from the day the notice is delivered to state why it is not in the hest interest of the Grantee to terminate the Agseement. However. it i ip 10 the diSelet;On L)•1 the Graniee to make the final determination as to what is in its best interest. 1erintrtatiO4.1 (.,011%,,ernelice 1113vnuaathIS !•1 ;.:::aft, rtt: GRANT NUMBER: FLI4B700(132 .t'iM,tii - i io inciess .'assistance Program HAP/ Pate It) of 22 no less than twenty-four (24) hours notice in writing to the Subrecipient_ Said notice shall be sent by certified marl. return receipt requested, or in person with proof of dein erv. The Grantee shall be the final authority to determine \\ hethe'i or not hinds are available. _j. Termination for Breach - The County ma\' tenliinate this Agreement. in. \\-hole, or in part: when the County determines in its sole and absolute discretion that the Provider is not making sufficient progress in its performance of this Agreement as outlined in Attachment A. Scope of Services. or is not ma.tierially complving with anv term or provision provided herein. • including the following: I) The Provider ineffectively or improperly uses the County funds allocated under this Contract: 2) the Provider does not furnish the Certificates of Insurance required by this contract or as determined by the Countys Risk Management Division:. 3) the Provider does t "tinot furnish proofi;t IICi;t)Siti"i:,rc'.r$I�ielti.On or proof of background screening required by this Contract; 4) the Provider fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports: 5) the Provider does not submit or submits incomplete or incorrect required reports: 6) the prodder refuses to allow the County access to records or refuses to allow the County to monitor. evaluate and review the Provider's program.: 7) the Provider discriminates under any of the laws outlined. in Section II(G) of this Contract: 8) the Provider er fails to provide Domestic Violence Leave to its employees pursuant to local t i\ . 9) the Provider falsifies or viola.tes the provisions of the Drug Fret. Workplace Affidavit: 10) the Provider attempts to meet its obligations under this contract through fraud. misrepresentation or material misstatement: II) the i e- tails -. Provider ,ari., to correct deficiencies <Otlil d during a monitoring. evaluation or review within 'the specified. time: ;2) the Provider fails to meet the tcrilhs and conditions of any obligation under any contract or otherwise or anv repayment schedule to the County Or anv of its agencies or instnilhientalities: f 3) fails to meet any oft`r os andconditions Mi C FAffidavits: .,.,. 1. i of theMiami-Dade _ i �.t1.T\ 14) the Provider fa.i s to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contact. Y The Provider shall be _1.%n -written notice of the claimed breachand i% business days t0 curesame. ie. Unless the Providerrs breach is waived by the County in [vriting, or unless the Pro,:ider have foiled after T.CeiVilTiL4t.fy,.ca, iiotit.0 of the claimed breachb\' the Cc n .c take steps to c.. rc thebleach within 10 business ness days after receipt of the ';'r_ac ... Ole County t\ i is Wm -Fen nn::i _ C_ The Provider. terminate :This - gjee';kill upon no less than twenty-four -four (2 ?) hours notice. Said notice shall be r-lficd mail. re.....:} re, ._r.i r- .S t-.. or rso vith proof of deh'.er. Agromerci.shall not b l test ued to bc :.. Lhe ho.7:ein GRANT NUMBER: FI_ 14B7000 32 l: !;i of "„iiinii Ho nt1es- t i'C Pro<_>nun HAP' P rc 11 of 22 1V. REVERSION OF ASSETS A. Term of Commitment If the Subrecipient receives assistance for acquisition. rehabilitation_ or nc\v constriction_ then the Subi'e.cipi'ent shall agree to operate the supportive housing or provide supportive. scrviccs. in accordance with this Agreement for a term of at least 20 years from the date of initial occupancy or date of initial service provision. If the United States Department of Housing and Urban Development (HUD) determines a project is no longer needed for use as supportive housing or to provide supportive services. then HUD may provide authorization to the Grantee oil behalf of the Subrecipient to convert the project to a project for the direct benefit of low- income persons pursuant to a. request for such use by the Grantee on behalf of the Subrecipient operating the project ( 24 CFR 583.305 (a) ). Repa ,,Dent of Grant if the Subrecipient does not provide supportive housing or supportive services for 1() years following the date of initial occupancy or date of initial service provision pursuant to this Agreement. then the Grantee shall require repayment of the entire amount of the grant used for acquisition, rehabilitation. or new construction_ unless conversion of the project has been authorized pursuant to the terms in the Term of Commitment Sv`CtFotI. IV-,? of this document (24 CFR58_.;05 (b) ) It the supportive housing is used for such purposes as stated in Section IV -A for more than 10 ears. then the Su cipient's repayment amount yid be. reduced '\ percenta Te points tiiir each year beyond the 10-Fcar period in which thc project is used for su1e.F :�housing (4 CFR 583.305, (b) Prevention of Undue Benefits Upon the sale or other disposition of a project assisted with acquisition., rehabilitation, or iie14' construction funds occurring before the cwiratioih of the 20-vesr period, the Subrecipient must eompiv with Such terms and. Conditions as 1'IE ED and the Grantee rna\ prescribe to prevent the Suhrecipicnt from unduly benefiting from such sale or disposition. The Subrecipient shai rrturo to the Grantee. upon the expiration •ui termination of this A. teme t, any' funds on 1'i a_ d.. any accounts receivable attributable. t these funds. and anv overpayment due to unearned hinds or costs disallow-ed. pursuant To the terms of this Agreement C T3'c'Ili'i 3 70(037 12 of 22 Declaration of Restrlctl'k e Ccivcis rots. and floc Declaration or Restrictions.- The. Declaration of Restrictive Co\enants f, ti requirement and the: Declaration of Restrictions is „ local Requirement OP properties that are acquired, rehabilitated or built with Supportk e !lousing Pro17riiu funds. Those Coil, anis restrict tile its: of properties located it N.1. such that the properties must be operated for the provision of supportive housing and services for homeless persons in accordance with the provisions elf 24 CFR Part 583 Code of Federal Regulations for a term of at least 20 Years or for such other purposes as may .be approved bC the Grantor. .The Subrccipienf agrees to inform ail`, lender or grantor which has loaned or granted funds for the purchase of such properties of structures thereupon and request their consent to the recordation of and subordination to the Declaration of Restrictive Co; onants and the Declaration of Restrictions. Such consent shall be in a form acceptable to the Grantee. . UNIFOR'<TADMINISTRATIVE REQUIREMENTS A. Accounting Standards_ Cost Princl)ics. and Regulations The Subrecipient shall comply` with Federal accounting standards and cost principles according to OMB Circular A 177 and SHP Reg -illations (24 CFR 583.175). The Subrecipicnt shall comply with applicable provisions of applicable Federal. State. and County laws. regulations. and rules such as OMB Circular A-1 10. OMB Circular A- 21. and OMB Circular A-133 and with the Ener<T\ Polio- and Conservation Act (Public Lay' 94-163) which requires mandatory standards and policies relating to energy efficiency. If an\ pro\ ision of this contract conflicts with any applicable. law or rc t 1atic',i-. only the conflctin i provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However. the obligations under this contract_ as modified_ shall continue and all provisions of this contract shah remain in cull force and effect. If the amount Subrccil tent pursuant to the terms. of this contract is in excess of S100.000 the` Subrecipient shall comply with all applicable standards_ orders. or regulations issued pursuant to Section 306 of the Clean Air Act of 1970 ( 42 U.S.C. 1857 (..) ), as amended. the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended: Section 1'- r e Clean Water . -i t _ _ [' S.C. 1 _ 6S)_ Environmental ental Protection Aacncy t .. rr- ,� rt. r' O . _ , t d i I�_.�i.i:._ aE_ -r . ...: 'L t ��..,tit_i. < t��i_. �._ . _.. .IEIR3l3CI1.,�f .Review _TR P3rt 2-4 CFR RAC ltlon 0 ti tc_' '': al Li_ I' `;il-lent Records t,::}cl. , For GRANT NUMBER: FLI4B700072 (-.17%,..7.id;o • 1-TonicIc.s,-i Assismcc Program HAP/ Page 1 of 22 The Su1 recipini. shall allor„ the C.3mntee am,.• persons authorized b‘.. the Grantee full • access to and the right to examine. any of the Agreement Records during the required Retention Period. 4 Th Subk_cinient shall notif\ he Gant-- riting both during the pendenc\ of this Agreement and after its expiration as par of the final close-out procedure, of the address wl-kre all the Aeftern.:nt Records \\ b.. ,..-tainccl The Subrecioicnt shall obtain the prior \\ ritten appro% al of the Grantee for the disposal of an\ Agreement Records before disposing of such Records within onc year after expiration of the Retention Period C Additional Requirements The Subrecipient must comply with the follow in additional requirements. 1 Client Rules and Regulations - The Subrecipient shall submit a copy of the Client Rules and Readations that appl\ to clients referred to the Subrecipient pursuant to this Agreement, due \‘ ithin (hid \ (70) da\ s ing the execution of this Agreement. Personnel Policies and Administrative Procedure Manuals - The Subrecipicnt shall submit detailed documents describing the Subrecipient's internal corporate or organizational structure, property management and procurement policies and procedures. personnel management. accounting polieics and procedures. etc. The information shall be available to the Grantee upon a request. 7. Mronitoriir.i - The Subrecipient shall permit 4.. Grantee and allV other persons authorized by the Grantee. to monitor. according to applicable regulations. all Agreement Records, facilitics. g-oods and activities of the Subrecioient which are in a.m.- way connected to the activities undertahen pursuant to thc tcrnis of this Ag-ieement, and/or to interview an clients_ emp1ovcc:s. subcontractors. or assignees of the Subrecipient. The Grantee shall monitor both fiscal and prouammatic compliance with all terms and conditions of this. .A.greenleat include g revcn,..-fciaiics. supportive services. operating costs. progFan-1 pro.g: documentation --ey match. -ecci-cl keeping, compliance yen eirctiTa:nivci costs. tochnica" its irist.i7g-ice visits_ and environmental re.Niev,-. 'The StdorL7cip;cni shall pert th Ch-antcc. conduct 5itL isit. client assessment SlifVey 5. C.J.11C: chternacl esgto.agniag ftill.171 the monitoring- function. • .r(..T.sort .Subrecipicilt. and if so deli,„,-ered. the tilel-ccia...inc shn"" thc. perioi .fine specified Tnent any ma-,.• not he tied to replace. (777 TY.-, • • 6R. ANT 4F3700032 TIA,P7 c 14of2' The Subrcclplelii sh:,ll notif, t11L Grantee of an additional funding Iecei ed for an\ E.z Arl..,,sient. :. th>'tthan the "Cliclt Contribution 1'e'r ort " _ttachment F which is addressed in 11-C(1). Such notification shall be in writing and ieec!\ ed b\ the Grantee ..':thin t i t\ (70) da\ s of the Snbit i n1 s notification b\ the funding source Related Parties - The-Subrecipicnt shall report to the Grange the name., purpose_ and am other releA'ant information in connection with am transaction conducted between the F Subrecipient and a relatYd party transaction. A related pa ie includes. but is not limited t0, a for -profit or nonprofit suhsidiarA or affiliate organization. and organization Vvith overlapping. boards of directors or an\ organization for which the Subrccipient is responsible for appointing members. The Subrecipient shall report this information to the Grantee upon forming the relationship or if already formed. shall report it inuilediatcl. Anv supplemental information shall be reported in the Grantee- required Agency Narrative and Progress Report which are addressed in 11-C (1). Required '<Teeting attendance — From time to time, h," '1liarni-Dade Count\• Homeless Trust niav schedule meetings and-'or•training sessions to assist the Subrecipient in the performance of its contractual obligations or to inform the Subrecipient of nevv and/Or revised policies and procedures. .attendance at some of these meetings may be mandatory. The Subrocipient shall receive notice no less than three (7) business days prior to any meeting or training session that requires mandatory- participation. A record of attendance at meetings or training sessions where notice was given indicating the Subrccipicnt's mandatory participation shall be kept, and the Subrccipicnt's contractual compliance \\ill be illonitored. Failure to attend a meeting/training scsion for which a mandatory notice has been provided can result in material non-compliance of the contract'agrcenient, up to and including breach or defa.uit-. Proof of notice shall consist of fax record_ certified mail. and/or verbal communication with the contract/agreement contact i cr on t:.other r1oor am :administrative staff. The Provider ider may select one or more . employees from their i (gencv. directly involved in the contr-actedprogram, as their res )nt„ti .. at the meetino?trainino session; the participation a:ioi of the .Agreement contact person is preferred. The Subrecipient ma\' request to be excused from a mandatory meeting.. That request must b " ceCii\ ed at least twenty-four (^4) hours prior to the meeting date Lind tin and justification provided_ includin: „1?` `ag:-.,'ncy could not send any r , County: Homeless Trust 11 dote: mine whether -or not a1 `.- _tFz : ?_ 1,_ r�lt t:Cinic t shall not 11 111o1e than two (7) du, contract year. Tf ipieint is encouraged t0 V11 iilll Dade County Homeless Trust ndlor its Committees. as mte, be disc 1'ia;llclt The Sul r F ' f" nbr aced to a shnil 1\1 B 4 13 7000 3 2 r Program T-T gc 15°122 Procurement - The .F..abfteipient mabe a- positia.: uffoi to procuu_. supplics equipment. construct)on or services necessary or related to carrying out the terms of this Au'ICCIFIerii. from minonty busincsscs, and tfr3. pro\ ide these sources ma \ imam Feasible opportunity to compete for Subcontracts to be. performed pursuant to this Agreernent. Tn conforrnanee ith Section 7- of the Housing and Urban Do elopment MUD) Act of 1q6g Attachment N as am,2nded, 17! IT SC 170Iu (Sectioh y, orb. performed under this contract are subject to requirements of this section The purpose of Section is to ensure that call merit and other ,..'conomic opportunities ,t.eneratcd b\ HUD assistance of HUD -assisted proets co\ eyed 11\ Section 3. shall to the greatest extent feasible. be directed to lo-\\ and \ LT\ km -income persons, particularl\ persons \\-ho are recipients of MT) assistance for housing and to businesses that are substantialh owned or substantially emplm low and cr, income persons 9. Property -- This section applies to equipment with an acquisition cost of s5,000 or more per unit and all real property. - a. Aiiv real 'property under the Subrecipient's control that 'as acejuiredfimproved in whole or in part \\ len funds from thc Homeless Trust and am: equipment purchased for S.5.000 Or more shall be disposed of at the expiration or termination of this contract, in accordance with instruction from the Homeless Trust. Real Property is defined as landincluding land improvements, structures appurtenances thereto. includint2: movable machinery and equipment. Equipment means tannible, nonexpendable, personal property having a useful life of more than one vcar and an acquisition cost of S5,000 or more per unit. • equipment with an acquisition cost of S5000 et- more per units and all real • property purchased in 'ohole or in part with funds from Oils and previous contracts • • with the 1-lomeless Trust:or transferred to the Subrecipient after being purchased. in whole in part with funds .From the Hom.eless Trust shall be listedin the property records of the Subrecipient and shall include a ioga description, size, date. of -,etdt..jc at time of PUICIMSC, 0.\\-11CT ;if different from the .Sulerecipicnt.. infprnthatftya tne transfer or dispos;tfa_,, .of the pioperty, and map pm-cds_ or blocTe. anc.7 a.diacent.streets and roads. otwithstanding. documentation require,r1 for- reimburseMent purposes, a t....ory of the purchase receipt for any asset described ;.:117.,e,,e purchased with Homeless :,nc/;tidcd pthc. Subrecii::lent's monthlY reimbursement thr.' Ttust jn the month thc item \vas . pe.rch.:e.se! - ,td-1 "Proviftder ...sset frwentc.oa,.•" ...cifaclfl linent 3ccu ?-7C all real raport inelncle 1 len-rents r II (RANi NUMBER: FL13B700x02 Cii% I lk t 'ic� S;tt• nee Program BAP/ Page 16 0r2� c\piration c?f this \ recinent. The many emeni c\ aluation will reflect the Subrecipient's } ,Bane with g neralh accepted fiscal and standards and practices. The t crformance rev ic.v v ili reflect the quality of service pros ided and the value received using roonitc,ring data Such as progress rcport'z_ c 'sits.. and client sur\e\s. Subcontracts and Assignments a_ The Subn nt shall ensure that all s-bcontt-acts and assiennlcnts_ (1) Identify tie full_ correct and legal name of the part _ (2) Describe the activities to be performed_ (" ) Present a complete and accurate breakdown of its price component: (4) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Airccment with any conditions of approval that the Grantee deems n :c- scar . This applies only to subcontracts and assirrnmcnts in yy-hich parties are en�laged to carry out any eligible substantive programmatic scrv-ice as set forth in this Agreement. The c Drama: shall in its Sole and -.bsolute discretion determine \\'hen services are �ligibic substantive programmatic scry ices subject to the audit and record- _ Lecpinq requirements described aboy e- and: In accordance v_. ith Ordinance '.Vo. 97-104. all bidders and respondents on County contracts for purchase of supplies, materials or services, including professional services_ which involve the expenditure of S100,000 or more and all bidders or es p-J17ite 4 on County or Public tis ltli Trust construction contracts which involve the _ e itul ;; of l* 1 OO.00O or more shall includc. as part of their bid or proposal s, bm;ssi- ri- listina of Provider's Disclosure of Subcontractors and Suppliers Attachment 1 which identifies all first tier subcontractors who will perform an: 1 a t of the contract wort: and describ,is. the portion of the work such subcontractor will perform, and all contract direct to the bidder or respondent and describes tl;, if ,'. r , ,. -!include such listing with the bid or s to oil ;,,i < <:U 11 hc:r otnpetitiyely bid by the County s that ha\ _ c., , L l authorization tio; by the Board of Count\ a! c, i rov°ide a listing of all y 11z'n't t may ,� .=i i} or respondent t\'a ctor materials to , I 4B7UO() 2 Hai less grain HAP' Page, 17 of 22 • The Snbrecipient shall incorporate in all consultant subcontracts this additional prev isi01 The Subrecipicii: ._ nc.t responsible for air insurzmcc or other frinae benefits for the consultant or its sn1plo\ cOS_ c.a. social security, income taN. withholdings_ retirement or le -aye benefits. The Consultant assumes full responsibdit\, for the provision of all insurance and fringe benefits for himself or herself and employees retained b\ thc Consultant in car_:, in out the Scope of Sen ices pro\ idcd in this subcontract. The Subrecipicnt shall be responsible for monitatina the contractual performance of all subcontracts. c. The Subrccipicnit shall reed e \\rittcn documentation prior to entering into an\ subcontract \\`hiell contemplates performance of substanti\'c programmatic activities, as such is determined as provided herein. The Gnu —ace's approval shall be obtained prior to the release of any' funds to the subcontractor. The Subrecipicnt shall reccive written approval from the Grantee 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. Alipro\al by the Grantee of an' subcontract or assignment shall not under anv circumstances be deemed to provide for the incurring- of any obligation by - Grantee in c\:ccss Of the total dollar amount agreed upon in this Agreement. 12. The Grantee's Consultant - The Grantee understands that in order to facilitate thc implementation of this Agreement. the Grantee may from time to time designate a dev clopment consultant to v', or l., yy ith the Subrecipient. The Grantee's consultant shall be considered the Grantee's designee with respect to all portions of this Agreement with the c-,:c.ioption of those provisions relating to payment of the Subrecipient for services rendered. The Grantee shall 1.'rc'ide ;y rittcn notification to thc Subrccipi nt of the name. address_ and cnlplo\ices of the Grantee's consultant 17. Participation to homeless -"k1-ailag nient Itlforniation c\' tent - Tile ?ro'.'ider agrees to particiil„.c in tile- ltl 4..aocl ;cntlnfornlaticn S\ t sT{ ffS) selected and .-i i, ; t 1 1„1, tl _ n _ �� y�. '1 induct-,` �., , _ e limited to. input of client data upon 1-ta . maidates of bed availability information.... n.. as well as updates of client flies upon ilt.,< c.-;ontnet, and rrlaintaininc current data for statistical purposes. The unclenastancis that .i _ responsible -- ai?ie for , lv ic,ess the T-P`~'lIS I�FI:;tEekS— Genera Rey i 1-1' . Or if„[i (jRiAiNT NL t i4B7OOO 2 :; '�1Brl� - C. �. t i ,., as ♦i "t0ui i11j {LAP,' Page IS 01'22 County from progress pC_C lts to the selected Proposer. The audit cost shall also C'- included in all change orders and all contract renewals and extL.nslcns. Exception The aL.ovi: of one quarter (I 4) Of ofIC, percent fee acci.s1h. lit shall not apply to the foll_o„in© contracts: (a) 1PS1G contracts: (b) contracts for legal scryiccs_ ( e) Contracts for financial ad\ is t\s� . =Cc"S id) auditing �itu_ct=_ (o) fiC.11t\ rentals and lease agreement: (f) concessions and other rental agreements: (g ) insurance contracts: (h) i revenue -generating contracts: t_ii contracts where all IPSIG is assigned at the time the contract is approved by the COiiilillSSlti11: (j) professional service agreements under S 1.000: (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 7 (m) federal_ state and local goveriuncnt-funded grants: and (n) interlocal agreements. _Votrrithstanding the foregoing, the Miami -Dade County Board of County C onunissioners may authorize the inclusion of the fee assessment clone quarter (1/4) of one percent in aitc exempted contract at the time of a3k ar'd Nothing contained above shall in any \yay limit the povers of the Inspector General to perform audits on all Court, contracts including_ but net limited to_ those contracts specibcall\' C:1cmptcd above. 15. INDEPENDENT PRIVATE SECTOR INSPECTOR GENERAL REVIEW 16. Pursuant to Miami -Dade County Administrative Order 7-70 and in connection \with ally award issued as a result of this RFP_ the Count\ has the right to retain the scn ices of an Independent Pr -irate Sector Inspector General ("IPSIG"). whenever the County deans it appropriate to do so. Upon Vt ritten notice from thc Count\ _ the selected Proposer shall make available, to the IPSIG retained b\ thc Count_ all requested records and documentation !--crtaining to this R.FP or an subsequent a\ ard. for inspection and copt"ina. The County \=:_ll be responsible for the payment of these IPSIG services_ and under no circumstance shall the Proposer's costlpricc for this RFP be inclusive of any charges relating to these IPSIG sc i ices. The terms of this = cn ision herein_ apply to the Proposer_ its officers,gents_ emplo\ ees and assignees Nothing contained in this provision shall impair an independent right of the Count- to- Conduct_ audit or investigate the operations. __eti, `_t__s and ,.-rforrnanec of the selected Proposer in connection \Vitli this PFh' contrast ___.._' __- _-cs_.'_t ofth_s I2t n _ t r his provision are neither intended sisal! h_ `' s u Y r i l .� t h. __�.- ._,_ nor ___� __ __ _ _c__ ._ .�_ ._ __ ���� �L� __�:�=i. ___ Count\ c3\ the selected Proposer ,a third ;art_ C`c'111Ci12 shall be e.. Cf Cacti party. GRANT NUMBER: FL14B700032 Cif% of Miami - Homeless Assistance Program HAP/ Page 19 of 22 consistency with the Consolidated Plan Certification from the United States Department of Housing and Urban Development Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected_ The parties agree to renegotiate this contract if the Grantee determines, in its sole and absolute discretion. that Federal state, and/or Grantee revisions of any applicable law or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. The Grantee shall be the final authority in determining wihether or not funds for this Agreement are available due to Federal, state and/or Grantee revisions of any applicable laws Or regulations, or increases in budget ahlocationS. Notwithstanding the foregoing, the Grantee retains all the rights of suspension or termination set forth in Section III of this Agreement. After the initial grant agreement, the Grantee will not make revisions to increase the amount of the award to the Subrecipient_ 17. Right to Waive - The Grantee may, for good and sufficient cause, as determined by the Grantee in this sole and absolute discretion, waive provisions in this Agreement or seek • to obtnin such waiver from the appropriate authority. WaiT. cr requests from the Subrecipient shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. IS. Disputes - In the event an unresolved dispute exists between the Subrecipient and the Grantee, the Grantee shall refer the questions, including the views of all the interested parties and the reconinnendation of the Grantee. to the County tianager for determination. The County Manager, or an authorized representative. will issue a determination within third' (30) calendar of receipt t and a the Grantee and the Subrecipient, or in the event additional time is days aUi,uii3c so advise ule }:.' necessary-. the Granitee will notify the Subrecipient within the thirty (30) day period that additional time is necessar,-. The Subrecipient agrees that the County Manager's determination •-, ti shall U'. filial and binding on all parties. tL ut;S. 19. Headings - The article and paragraph headings in this Agreement are inserted for convenience shall ff t i Wiinterpretation util\ and S.i.<?� not affect :: gill fad the meal ,:�i,_ or �itc p tilti0ia of this Agreement. Proceedings T is * f iiticia nt shall be L:;t,;.ti t..:d in accordance with the laws of the State of Florida and pr ec d i gs arisingbetween the parties in ail manner pertaining or relating to uuS _ L 11L.tc _L=rii, to Ui- extent permitted L ___i +L l:«.. in Dade Count-, Florida. Notice ant! Cur tart. 'T71` _ .:" _ t` ti . L for this Da iv r'-ccilti Difcct_i -2'.^ s„Yy et' / i +,t , fiomeieeLcat '9C /17i1-' .it HY�A'c1i SU:V representati',es :arc— _r t .r is. -.__sat_:-e for this Aareclucnt t r oclrain site is Ic,cated event that different 4 .,.d tt-- - _ l'-1E.��l.�tFil�Cf_ __ iCipa1 office., the all nececs_,. hi: rendered ;il GRANT NUMBER FL14B700032 City of Miami — Homeless Assistance Program HAP/ Page 20 of 22 22. Name and Address of Payee - When payment is made to the Subrecipient's assignee, the name and address of the official payee is 23. All Terms and Conditions Included - This Agreement and its attachments as referenced contain all the terms and conditions agreed upon by the parties. 24. Autonomy - Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. The parties acknowledge that the relationship of Grantee and Subrecipient is that of independent contractors and that nothing contained in this Agreement 'shall be construed to place Grantee and Subrecipient in the relationship of principal and agent, employer and employee, master and servant, partners or joint venturers. Neither party rhall have, expressly or by implication, or represent itself as having, any authority to make contracts or enter into any agreement in the name of the other party, or to obligate or bind the other party in any manner whatsoever. 25. Severability of Provisions - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 26. Waiver of Trial - Neither the Subrecipient, subcontractor nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor heir or personal representative of the Subrecipient, subcontractor or any such other persons or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the Subrecipient, subcontractor nor any such person or entity shall seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provision hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 27. Contracts with Municipalities or Counties Outside Miami -Dade • County to Provide Homeless Housing in Miami -Dade County. - The above -named firm, corporation, organization or individual ("provider") desiring to transact business or enter into a contract with the County for the provision of homeless housing and /or services swears, verifies, affirms and agrees that (1) it has not entered into any current contract, arrangement of any kind, or understanding with any municipality outside of Miami -Dade County or any County (collectively "locality") to provide housing and services for homeless persons in Miami -Dade County who are transported to Miami -Dade County by or at the behest of such locality and (2) during the term of this contract, it will not enter into any such contract, arrangement of any kind, or understanding; provided, hoV1'el'er,, upon the written request of the Contractor prior to entering into such contract_ understanding or arrangement, the Miami -Dade County Homeless Trust sole absolute discretion., find and within days of such a may, in its and LGi'^JIil GL1Vn, llthu determine 60 days request that Q proposed contract should not be prohibited hereby'_ as the best interests of the homeless i. rtaken and behalf Miami -Dade County l.7 tiv ly f ..t..d l.li �g34!!L> 1L21Lle1 Lt1i4Gi1 by on L'G21LL�1 of <.VLLLlC{ 51Vti1L11hVt be negatively affected b1 i� such contract.. arrangement_ or 'ulidermkillg. - GRANT NUMBER: FL14B700032 City of Miami — Homeless Assistance Program HAP/ Page 21 of 22 VI. RELIGIOUS ORGANIZATIONS As reported in 24 CFR Part 583.150, HUD will provide assistance to a recipient that is a primarily religious organization, if the organization agrees to provide housing and supportive services in a manner that is free from religious influences and in accordance with the following principles: It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any person applying for housing or supportive services on the basis of religion and will not limit such housing or services or give preference to persons on the basis of religion; and It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing and supportive services. HUD will provide assistance to a recipient that is a primarily religious organization if the assistance will not be used by the organization to construct a structure, acquire a structure or to rehabilitate a structure owned by the organization, except as described in 24 CFR Part 583.150 (b)(2) Attachment A. VII. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (11111) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, that include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that III-IUPHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making . PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. GRANT NUMBER: FL I4B600032 City of Miami -Miami Homeless Outreach and Placement Program./ Page 22 of 22 IN WHITNESS WHEREOF, the parties hereto have caused this twenty-two (22) page Agreement to be executed by their respective and duly authorized officers the day and year first above written. (SEAL) ATTEST: CITY OF MIAMI, FLORIDA A municipal corporation of the State of Florida Miami Homeless Assistance Program By: By: Witness PEDRO G. HERNANDEZ CITY MANAGER By: PRISCILLA A. THOMPSON CITY CLERK Approved as to Form and Correctness: Approved as to Insurance Requirements: By: By: JULIE O. BRU LEE ANN BREHM ATTEST: CITY ATTORNEY RISK MANAGEMENT . MIAMI-DADE COUNTY A political subdivision of the State of Florida By: By: DEPUTY CLERK George M. Burgess County Manager (DATE) Approved as to form and legal sufficiency: Initial Date GRANT NUMBER: FL14B: 000i7' C tit _' " ' ,;YI' !-,0ntc _ a ssislimce Prog` €€ii F LAP AT T.'4CHMEN SCOPE OF SERVICES S The SL'1)Cecihi 'i1t amcs to provide outreach. assessment nt and placement sen ices to homeless persons (individual and families) comprised o1' 3,000 contacts. 2,850 assessiiielits. and 1,500 placements into housing [\ ith seven-day follow i0 up seruce. The SUIT) eclp:Cnt agi C OGS to place 360 110111CICSS persons into ti-ansitioIial (treatment) housing. The 'Subrccipient ,will conduct street outreach as well as respond to Service requests. The Subrecipient [ ill work closely with service proivders in the Continuum of Care. The Slibrec Jient agrees to pio'. ide outreach, assessment and placement supportive services over the term of the oiC-[iar grant _Agree1ent. The S:r"CI)i.itshall provide services as proposed in the j?aFC;tICl to U.S. HT pursuant to the 2007 Super NOFA (i'.iCorpor [ted herein by reference), including but not limited. to: Extensi[e Outreach: llii:lul assessment and evaluation: Housing placement assistance services s emerg ncy. transitional and permanent housing Emergency housin fincludin`, hotel and rilOtel t'sist:mee). t ''i iat� ila(-. Referral and placement to all appropriate. a`e's:ita;.�lC tit7tiSi:' Referral to all applic_aible supportive s -rvic'Es and supportive_ service program: e'rai;spo. to oti services: ices: and :SCE. en -_a follow. up to all services provided. l .. i Con iiions: Reimbursement s .[ . d.supportive` t shall lil iii;IttC :C• operations. cC.` � services. 1�..5i "ice :administration. ariCi. the ;El I aS S1t:.1 with these activities as Oeser.t)eC1 in .h:. ..ubreciple!?t'S application: :'+ foradministration. and. Reimbursement r!)ii i� :�I (: tat shall madeI[� �t,1 cost incurred operations. r 1 5 t! [iC, only t I" theiC�': supportive seri.. ce actually provided. t i clients,unless i t �`;[. t to .another � C i[,i the Grantee �. agrees, in ii'F.IFi�"F_". l.0 mode it payment. E1.S provided }or in this ,` `i.i eeu em.., Monthly e� reports is i program t;_ si '1 i r r i;h t r i`i-. .t F1 and narratives - �ll �[ the Executive �)ti'CCfE�, of ..iagencY _.,_.a' Jsubindoo Sul.-, t:ei iC. .-. 35, reciuired.: r_. Subrecipient :,1 r,.. clients referred Grameo within a l-._ b `lsourc,es. or es de eo :o: hoasiag .t ii.3. Ut services Ei; ,. Iw, i .e Grantees 1isio.d. 1-efei ral