HomeMy WebLinkAboutExhibit 1. FY 2012 Continuum of Care (CoC) Program
Homeless Assistance Grant
United States Department of Housing and Urban Development
(US HUD)
Grantee / Recipient: Miami -Dade County through
Miami -Dade County Homeless Trust
Grant #: FL0189L4D001205
Subrecipient /Project Sponsor: City of Miami
Program Name: Miami Metro Homeless Assistance Program
(MMHAP) North
kiA 13 16
INDEX
Cover page ---page 1
Index ---page 2
Index of Attachments ---page 3
Blank Page ---page 4
Whereas and preamble --page 5
1. Statement of Work
a. Activities --page 5 •
b, Time Schedule ---page 5
c, Budget ---page 6, 7
2, Records and Reports
a. Financial Management ---page 7
b. Records and Access to Records ---page 8,9
c; .Public Records ---page 9
d, Reports ---page 10, 11
3. Special and General Conditions
a. Staff Responsibility ---page 11
b. Client Referral Process --page 11
c. Documents to facilitate the Reimbursement of services ---page 11
d. Rental Assistance Funds Administrated by Miami -Dade County, Public Housing and
Community Development ---page 11
e. Performance Improvement Plans —page 12
f, General Conditions •
i. Insurance--- page 12,13
11. lndemnification--- page 13
Conflict of Interest--- page 13
Affidavits--- page 14
g. Civil Rights ---page 14,15
Additional rules and agreements --- page 16
4. Suspension and Termination
a. Suspension ---page 16
b. Termination ---page 17,18 •
5. Future Funding Applications ---page 19
6, Reversion of Assets
a. Term of Commitment ---page 19
Repayment of Grant ---page 19, 20
b. Prevention of Undue Benefit ---page 20
c. Revocation of License or Permit ---page 20
d. Declaration of Restrictive. Covenant and Declaration of Restrictions ---page 20, 21
7. Uniform Administrative Requirements
a. Accounting Standards, Costs Principles and Regulations —page 21
b. Retention of Records ---page 22
8, Additional Requirements
Items a through bb---pages 22 through 29
9, Religious Organizations ---page 29
10. Health Insurance Portability and Accountability Act (HIPAA)---page 30
11. Proof of Licensure / Certification and Background Screening
a. Licensure / Certification ---page 31
b, Background Screening ---page 31
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 2
Signature ---page 32
Attachment A -
Attachment B -
Attachment C -
Attachment D -
Attachment E -
Attachment F -
Attachment G -
Attachment H -
Attachment 1 -
Attachment J -
Attachment K-
Attachment L -
Attachment M -
Attachment N -
Attachment 0 -
Attachment P --
INDEX OF ATTACHMENTS
US HUD Grant Renewal and Federal Regulations
Scope of Service, HUD Renewal Application Review, Application
Renewal Adjustment HEARTH Renewal Project Application (Program
and Budget)
Form W-9 Request for Taxpayer
State of Florida "Public Entity Crimes" Sworn Statement
Miami -Dade County Required Affidavits
Miami -Dade County Lobbyist Registration form
Miami -Dade County Subcontractor / Supplier Listing
LOCCS /VRS Request Voucher for Grant Payment
"Excel Spreadsheet Invoice" Miami -Dade County Homeless Trust form
"Client Contribution/ Occupancy Fee/ Program Income" form
"Employee Certification for Governmental Entities Only" form
"Performance Reports (Monthly and Annual) HMIS and Fiscal" report
"Program Rating of Satisfaction Survey" form
"Incident Report" form
"Real Property& Equipment Asset Inventory" form
"Rental Assistance" Administered by Miami -Dade County PHCD (if
applicable)
CoC Grant #FLO189LhD001205 City of Miami, MMHAP-North
Page 3
PAGE LEFT INTENTIONALLY BLANK
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North • Page 4
Agreement between Miami -Dade County
And
City of Miami
For.the FY 2012 CoC Homeless Assistance Grant #FLO189L4D001205
Miami Metro Homeless Assistance Program (MMHAP) North
THIS AGREEMENT, entered this day of , 2013, by and between Miami -
Dade County (hereinafter called the "Grantee", or "Recipient") and City of Miami
(hereinafter referred to as the "Subrecipient", or "Project Sponsor") under this Agreement.
WHEREAS, the Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009 [HEARTH Act) amended the McKinney-Vento Homeless Assistance Act, consolidating
the three (3) separate reauthorized McKinney-Vento Homeless Assistance Program
(Supportive Housing Program), Shelter Plus Care Program, and Section 8 Moderate
Rehabilitation SRO Program into a single grant program known as. the Continuum of Care
(CoC) Program.
WHEREAS, the Grantee has applied for and received funds from the United States
Department of Housing and Urban Development (US HUD) under the McKinney-Vento
Homeless Assistance Act as amended by The HEARTH Act of 2009 (42 U.S.C.11381, et
al.).
WHEREAS, the Grantee agrees to comply with all 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;
1. Statement of Work
a. Activities - The Subrecipient shall adhere to the "US HUD FY 2012 CoC Program
Grant Agreement" Attachment A, which is incorporated herein and governed by
the Continuum of Care (CoC) Program rules and regulations, including 24 CFR Part
578, the McKinney-Vento Homeless Assistance Act, as amended (42 U,S.C. 11381-
11389) (the "Act"), and the Consolidated and Further Continuing Appropriations
Act of 2012. The Subrecipient shall carry out the activities specified in the
"Electronic Review, Renewal Adjustment and HEARTH Renewal Application"
Attachment 13 including Scope of Service, Housing Type and Scale, Household
details with and without children, Performance Objectives and any applicable
projectmilestones as well as the Budget. The Subrecipient shall also adhere to the
Standards of Housing and Services as set forth in the "Miami -Dade County Homeless
Trust Standards of Care", as may be amended from time to time and incorporated
herein by reference. The Subrecipient shall adhere to all applicable Federal, state
and local laws, regulations, rules and standards, as well as with the terms bf this
Agreement including all attachments.
CoC Grant #FLO189L4D00120S City of Miami, MMHAP-North
Page 5
b. Time Schedule The Grantee and the Subrecipient agree that this Agreement shall
become effective on February 1, 2013.
This Agreement shall expire on January 31, 2014, one (1) year from the effective
date.
Any cost incurred by the Subrecipient beyond this date will. not be paid by the
Grantee, except as specifically provided herein., Notwithstanding any provision
herein to the contrary, certain requirements imposed .on the Subrecipient by this
Agreement and Federal regulations may continue for a term of at least twenty (20)
years, as provided in this Agreement or as specified by law or regulation. The
requirements of this Agreement shall remain in effect during any time period that
the Subrecipient has control over any funds generated or provided in connection
with this Agreement, including program income.
c. Budget.— 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 and subject to the Subrecipient's compliance with all applicable laws
and agreement terms as determined by the Grantee, to pay for contracted activities
according to the terms . and conditions contained within this Agreement,
Subrecipient's application . for the. CQC Homeless Assistance Program, and the
Subrecipients NOFA application documents as Project Sponsor and "Electronic
Review, Renewal Adjustment and HEARTH Renewal Application" including the
Budget incorporated herein as Attachment 13, in an amount not to exceed $0.00 for
Rental Assistance, $0.00 for Leasing, $278,724,00 for Supportive Services, $0.00
for Operations and $19,510.00 for overall project administration costs for a total
budget of $298.234.00.
Pursuant to 24 CFR 578.59, the Grantee shall retain 50% of the overall project
administration costs, except where limitations are imposed as may be
applicable pursuant to 42 USC § 11383 .(a).
If applicable, the Subrecipient shall be reimbursed for capital funding on an
incremental basis, based on the following completion benchmarks: 30°/a, 30%,
30% and 10% to be provided when a final Certificate of Occupancy is obtained
from the developer, in accordance with any applicable laws .and regulations, All
other activities shall be paid on a reimbursement; basis following the submission of a
monthly invoice along with the appropriate supporting documentation.
In accordance with federal requirements including 24 CFR Parts 578.73, the
Subrecipient agrees to provide match funds in an amount that'repres.ents no less
than twenty-five percent (25%) cash or in -kind contributions on all eligible grant
funds, except leasing. If in -kind services provided through a third party are used to
fulfill part of the match, a pre -approved executed Memorandum of Understanding
(MOU) between the Subrecipient and the third party that will provide the services
must be submitted and approved by the Grantee.
The budget figures above represent the original line item totals as delineated in the
"US HUD Grant Agreement" Attachment A.
CoC Grant 4#FL0189L4D001205 City of Miami, MMHAP-North Page 6
The Subrecipient may propose to shift funds by Jess than 10% between eligible
categories in the `Electronic Review, Renewal Adjustment and HEARTH
Renewal Application," Attachment B, if the appropriate match is provided, the
administrative costs are not increased and the proposed shift is submitted In
writing for the Grantee's consideration. The Grantee may, but is not required to,
approve the proposed shift. Any approval must be in writing.
As such, if Attachment B is modified as described above, the figures within the
"Electronic Review, Renewal Adjustment and HEARTH Renewal Application"
may not match the contracted figures delineated in the "US HUD Grant
Agreement." Notwithstanding the above, significant changes of greater than 10%
from one approved eligible category to another as delineated in the "US HUD Grant
Agreement" shall require the Grantee's written approval, as well as formal budget
approval and an amendment to the "US HUD Grant Agreement" between the
Grantee and US HUD.
The Subrecipient shall provide two thousand (2,000) outreach contacts and at
least four hundred (400) placements for homeless individuals and families. This
program is located at in Miami -Dade County, Florida. The main service office is 444
SW 211d Avenue, St" Floor, Miami, Miami -Dade County, Florida. The Subrecipient
shall provide services as outlined in the Attachments to this Agreement as well as in
the US HUD FY 20121 CoC Program Homeless Assistance Program Competition as
submitted in the project application, incorporated herein by reference.
2. Records and Reports
a. Financial Management - The Grantee and the Subrecipient shall adhere to the
requirements for financial reporting as stated in 24 CFR Part 85.41. •
Requests for payment shall be submitted to the Grantee by the fifteenth (156) of
the month in . the, following. manner. All requests shall include supporting
documentation for each line item, including payroll reports, time sheets, invoices,
leasing agreements and shall be signed by the Executive Director, Financial Officer
or other duly authorized fiscal agent of the Subrecipient in the forms incorporated
herein as "LOCCS / VRS Request Voucher for Grant Payment", Attachment H; "Excel
Spreadsheet Invoice form", Attachment 1.
Reimbursement shall be provided only for eligible costs associated with the
activities outlined in the budget contained within the "Electronic Review, Renewal
Adjustment and HEARTH Renewal Application" Attachment B.
Any reimbursement may be withheld or reduced by the Grantee if missing receipt of
documents verifying the in -kind or cash match expenditures or compliance
requirements are not met. Cash match or in -kind contributions must be used for the
costs of activities that are eligible in the governing regulations.
Any reimbursement may be withheld pending the receipt of approval by the Grantee
of all reports and documents required herein, including but not limited to the
submission of an accurate and complete Annual Performance Report (APR).
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North
Page 7
In no event shall the Grantee funds be advanced to any of the Subrecipient's
subcontractors hereunder.
The parties agree that the Subrecipient may request a revision, amendment, or
modification of the schedule of payments or line item budget. However, such
revisions, amendments or modifications shall be, in writing and subject to review
and approval by the Grantee and, if applicable, by US HUD. if there is a request to
shift greater than 10% of funds between funding activities, such requests shall be
submitted to the Grantee no later than one Jundred twenty (120) calendar days
prior to the.expirati.on of the grant. If the request is a shift of less than 10% of funds
between funding activities, a modification or revision, shall •be submitted to the
Grantee no later than fifty (50) calendar days prior to the .expiration of the grant,
Failure to submit the appropriate supporting documentation in a timely manner
may result in the inability of the Grantee to revise, amend or modify 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.
A final report of expenditures shall be submitted to the Grantee within thirty (30)
calendar days from the termination or expiration of this Agreement. if after the
receipt of such final report, the Grantee determines that the Subrecipient has been
paid funds not in compliance with the Agreement, and to which the Subrecipient is
not entitled, the Subrecipient shall be required to return such funds. However, if the
Subrecipient submits documentation demonstrating that the expenditure was in
compliance with this Agreement to the satisfaction of the Grantee, the funds shall
not have to be returned. The Grantee shall have the sole and absolute .discretion to
determine if the Subrecipient is entitled to such funds and the decision of the
Grantee in this matter shall be final and binding.
b. Records -and Access to Records - Agreement records are defined as any and all
books, records, client files (including client progress reports, referral forms, case
notes and other reports or work product), documents, information, data, papers,
letters, materials, electronic storage data and media whether written, printed,
electronic or electrical, however collected or. preserved which is or wasproduced,
developed, maintained, completed, received, or compiled by or at the direction of
the Subrecipient or any subcontractor directly or indirectly related to the duties and
obligations required by terms of this Agreement, including but not limited to
financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic
tapes, computer drives, flash drives and diskettes or surveys.
The Subrecipient shall maintain Agreement records that document all actions to
comply with and that relate to this Agreement, including those on race, ethnicity,
gender, disability and homeless status data; and those in accordance with generally
accepted accounting principles, procedures, and practices as required in trc
OMB-122 which shall sufficiently and properly reflect all revenues and expen itures
of funds provided directly or indirectly by the Grantee pursuant to the terms delis
Agreement which shall include but not limited to a cash receipt journal, cash
CoC Grant #F1,0189L0001205 City of Miami, MMHAP-North
Page 8
disbursements journal, general ledger, and all such subsidiary ledgers as may be
reasonably necessary.
The Subrecipient shall provide to the Grantee, upon request by the Grantee, all
Agreement records. The requested Agreement records shall become the property
of the Grantee without restriction, reservation, or limitation of their use and shall be
made available by the Subrecipient at any time upon request by the Grantee. The
Grantee shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These unlimited rights
include the rights of royalty -free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use the work for
public purposes.
The Subrecipient shall ensure that the Agreement records shall at all times be
subject to and available for full access and review, inspection, or audit by Grantee
and Federal personnel and any other persons so authorized by the Grantee,
The Subrecipient shall include in all the .Grantee approved subcontracts, language
outlining eligible substantive programmatic services, recordkeeping and audit
requirements as detailed in this Agreement. This includes all subcontractors
eligible to carry out substantive programmatic services as 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
recordkeeping requirements described in this Agreement. These records shall be
maintained pursuant to this Agreement.
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 disclosure is a violation of those
agencies' rules.
c. Public Records — As may be applicable, pursuant to §119.0701, Florida Statutes,
Subrecipient shall keep and maintain public records that ordinarily and necessarily
would be required by the Grantee in order to perform the service, provide the public
with access to public records on the same terms and conditions that the Grantee
would provide the records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law, ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not . disclosed except as authorized by law, and meet all
requirements for retaining public records and transfer, at no cost, to the Grantee all
public records in possession of the Subrecipient upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the Grantee in a format that is compatible with
the information technology systems of the Grantee.,
d. Reports — The Subrecipient shall submit to the Grantee the reports described below
or any other document in whatsoever form, manner, or frequency as may be
CoC Grant #FL01.89L4D001205 City of Miami, MMHAP-North Page 9
requested by the Grantee. These reports will be used for monitoring the progress,
performance, and compliance with applicable Grantee and Federal requirements.
i. Progress Reports - The Subrecipient shall submit a "Homeless Management
'Information System (HMIS) generated "Performance Report", Attachment
L, along with a summary and the forms attached hereto as 'Client
Contribution Report / Occupancy Fee / Program Income" Attachment J.
These reports may be revised by the Grantee, and which shall describe the
progress made by the Subrecipient in .achieving each of the objectives
identified In "Electronic Review, Renewal Adjustment and HEARTH
Renewal Application" Attachment )a. . The reports shall explain the
Subrecipient's progress including comparison of actual versus planned
progress for the period. The reports are due by the fifteenth (15th) day of
the following month. The request for reimbursement, are also due by the
• fifteenth .(15th) day following the close of the prior month. Subrecipients
that are Domestic Violence Programs shall participate in a HMIS-equivalent
system. Such Subrecipients shall provide proof to the Grantee of the
utilization of an alternative system to compile all required data for the
Performance Report. •
ii. Annual Performance Report - The Subrecipient shall submit a HMIS
generated "US HUD CoC Annual Performance Report (0625-HUD-CoC-
APR)" Attachment L, in addition to a complete and accurate report using
excerpts of "U.S. HUD Annual Progress Report (APR) for Supportive
Housing Program, Shelter Plus Care and • Section 8 Moderate
Rehabilitation for Single Room Occupancy Dwellings (SRO) Program,
form HUD-40118" Attachment L. The cornplete.and accurate APR is due to
the Grantee no later than forty-five (45) days after the end of each
operating year. The above referenced reportmay be substituted for any
other US HUD required Report if approved by US HUD.
iii. A "Program Rating and Satisfaction Survey" Attachment M shall be
collected and retained monthly by the Subrecipient in a separate file and
available for review and monitoring or as requested by the Grantee. The
above referenced Program Rating and Satisfaction .Survey may be
substituted by the Grantee with a comparable satisfaction survey.
iv. Audit Reports - The Subrecipient shall provide to the Grantee two (2) copies
of an annual certified public accountant's opinion and related financial
statements on the organization no later than one hundred -eighty (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 funds earned
from this Agreement have been so audited, whichever is later, provided that
the Subrecipient has such an opinion prepared.
v. Annual Assurance Reports - The Subrecipient who receives only assistance
for leasing, operating costs and or supportive services. costs must provide an
"Annual Assurance Report" for each year the assistance is received
assuring that the project will be operated for the purpose specified in the
application.
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 10
vi. Incident Reports - The Subrecipient must report to Miami -Dade County
Homeless Trust information related to any critical incidents occurring
during the administration of its programs, using form "Incident Report"
Attachment N. Such notification shall occur, within twenty-four (24)
hours of the incident occurring. In addition, the Subrecipient shall report
this incident to the appropriate authorities as well as submit in writing a
detailed account of the incident. This incident Report should be addressed
to Miami -Dade County Homeless Trust's Disaster Coordinator, as well as the
Subrecipient's assigned Contract Officer and addressed to Miami -Dade
County. Homeless Trust, Suite 310, 27th Floor, 111. NW First Street, Miami,
Florida, 33128; (305) 375-1490 and facsimile (305) 375-2722,
vii. Disaster Plan - The Subrecipient shall submit an original paper copy
"Agency -Wide and Program Specific Disaster Plan" by April 1st of each
operating year to Miami -Dade County Homeless Trust's Disaster
Coordinator,
viii. Employee Certification - FOR GOVERNMENT ENTITITES ONLY - The
Subrecipient that is a governmental entity shall submit certifications for
those employees working solely on a particular program Agreement. The
certification must be signed by the employee and supervisor and conform to
OMB Circular A-87 Attachment B(h)(3). A completed "Employee
Certification for Government Entities ONLY Form" Attachment K must
be submitted in January and July (semi-annually) of each operating year
within the reimbursement request documentation,
3. Special and General Conditions -
a. Staff Responsibility - The Subrecipient's staff members providing eligible services
• under this Agreement are listed in the budget section of the "Electronic Review,
Renewal Adjustment and HEARTH Renewal Application" Attachment B.
b. The Subrecipient shall follow the client referral process in the Scope of Service
contained within the "Electronic Review, Renewal Adjustment and HEARTH
Renewal Application" Attachment B. The client referral process may be amended
by the Grantee to meet changing priorities of the Continuum of Care. All referrals
shall be made to the Subrecipient and accepted, by the Subrecipient through the
established HMIS system.
c. The Subrecipient shall .provide any documentation necessary, such as the "W-9
Form" Attachment C, to facilitate the reimbursement of services.
d, Rental Assistance funding Administered by Miami -Dade County Public Housing and
Community Development, formerly known as Shelter Plus Care, shall follow
additional rules and regulations outlined in "Rental Assistance", Attachment P,
e. The Subrecipient may be subject to a Performance Improvement Plan (PIP) at the
discretion of the Grantee.
CoC Grant 4#FL0189L4D001205 City of Miami, MMHAP-North Page 11
E General Conditions - The Subrecipient shall comply with all applicable federal, state
and local laws, regulations and required policies, including but not limited to 24
CFR Part 578, as may be amended from time to time, 24 CFR Part 563, as may be
amended from time to time, the McKinney-Vento Homeless. Assistance Act, as
may be amended. from time to time .(42 U,S,C, 11381-11389) (the "Act") the
Consolidated and Further Continuing Appropriations Act of 2012, the "US HUD
Program Grant Agreement" Attachment A and all other Federal requirements of
this grant. The responsibility for knowledge of and compliance with all Federal and
any other legal requirements is that of the Subrecipient. The Subrecipient shall also
comply with any guidance provided by US HUD. regarding this Agreement, program
and the services offered. hereunder, as well as with any guidance provided by US
HUD applicable to this Agreement, program and the services offered hereunder.
The Subrecipient shall abide and be governed by the requirements of the Americans
with• Disabilities Act (ADA). Subrecipient shall designate, with its organization an
ADA Coordinator to ensure that all requirements of the' ADA and any related
applicable regulations and requirements are met by the Subrecipient.
In addition, the Subrecipient agrees to comply with thefollowing requirements.
1, Insurance - If 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 furnish the Grantee, upon request, written
verification of liability protection in accordance with Section 768.28, Florida
Statutes. The written verification shall be submitted to Miami -Dade County
Risk Management, Internal Services Division, located on the 23r'd Floor,
111. NW First Street, Miami, Florida. Nothing herein shall be construed to
extend any party's liability beyond that provided' in Section 768.28, Florida
Statutes. If the Subrecipient is a non -governmental entity said Subrecipient
shall maintain required liability insurance coverage as noted below during
this contract period.
The Subrecipient shall maintain required liability insurance coverage as
noted below at all times during this.contract period.
Public Liability Insurance on a comprehensivebasis in an ,amount not less
than $300,000 combined single limit for bodily injury and property damage.
The Grantee must be shown as an additional insured with respect to this
coverage, as evidenced by a Certificate.oflnsurance.
Automobile Liability Insurance coverage for all owned, non -owned and
hired vehicles used in connection with this Agreement in an amount not less
than $300,000 combined single limit for bodily injury and property damage.
Workers' Compensation Insurance for all employees of the Subrecipient as
required by Florida Statutes 440.
Flood Insurance shall be maintained as per the requirements in 24 CFR Part
583.330 (a).
CoC Grant #FL0189L4D001205 City of Miami, MMHAP•North Page 12
The insurance coverage required shall include these classifications, listed in
standard liability insurance manuals, which most nearly reflect the
operations of the Subrecipient. All insurance policies required above shall
be issued by companies authorized to do business under the laws of the
state of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less
than "Class V" as to financial strength by the latest edition of Best's
Insurance Guide, published by A.M, Best Company, Oldwick, New Jersey, or
its equivalent, subject to the approval of Miami -Dade County Risk
Management Division.
Or
Compliance with the foregoing requirements shall not relieve the
Subrecipient of its liability and obligations under this section or under any
other section of this Agreement.
No modification or waiver of any of the aforementioned insurance
requirements shall be made without thirty (30) days written advance notice
to the Grantee, and is subject to the approval of Miami -Dade County Internal
Services Risk Management Division.
iL Indemnification.- The Subrecipient shall indemnify and hold harmless the
Grantee and its past, present, and future employees and agents From and
against any and all claims, liabilities, losses, and causes of action which may
arise out of or relate to this Agreement, or which may arise out of 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 Subrecipient shall pay all claims and losses of any nature in
connection therewith, and shall defend all 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 Subrecipient is an
independent contractor and is not an employee or agent of the Grantee.
Conflicts of Interest -- The Subrecipient shall disclose to the Grantee in writingany
possible or actual conflicts of interest or apparent improprieties relating to the
Subrecipient under this Agreement. The Subrecipient shall make each disclosure in
writing to the Grantee immediately upon the Subrecipient's discovery of such
possible conflict. The Grantee will then render an opinion which shall be binding on
all parties.
Affidavits - The Subrecipient shall complete, notarize and provide one (1) original
set, and two (2) copies of ;l Affidavits outlined below. One (1) original set of
Affidavits will remain on file with Miami -Dade County Clerk of the Board.
e
1. Miami -Dade County Ownership Disclosure Affidavit (Section 2-8.1 of
Miami -Dade County Code "County Code"), Attachment E
CoC Grant #FL0189 L4D001205 City of Miami, MMHAP-North
Page 13
g.
2. Miami -Dade County Employment Disclosure Affidavit (County
Ordinance 90-133, Amending Section 2-8.1; Subsection (d) (2) of the
County Code), Attachment E
3. Miami -Dade County Affirmative Action / Non -Discrimination of
Employment, Promotion and Pro.curement Practices (County
Ordinance 98-30 codified at 2-8.1.5 of the County Code),
Attachment E
4, Miami -Dade County Criminal Record Affidavit (Section 2-8.6 of the
County Code). Attachment E
• 5. Miami -Dade County Employment Drug Free Workplace Affidavit
(County Ordinance 92-15 codified ,as Section 2-8.1.2 of the County
Code). Attachment E
.6. Miami -Dade Employment Family Leave Affidavit (County Ordinance
142-9 codified as Section 11A-29 et. seq of the County Code).
Attachment E
7. Miami -Dade County Disability Non -Discrimination Affidavit (County
Resolution R-385-95),..Attachment E
8. Miami -Dade County Regarding Delinquent and Currently Due Fees or
Taxes (Section 2-8,1(c) of the County Code), Attachment E
9.. Miami -Dade County Current on all County Contracts, Loans and
Other 'Obligations. (County Ordinance 99-162). Attachment E
10. Miami -Dade County Domestic Violence Leave (11A-60 .et.seq of the
County Code). Attachment E
.11. Sworn Statement Pursuant to §287.133(3)(a) Florida Statutes on
Public Entity Crimes, Attachment D
12. Affidavit of Miarni-Dade County Lobbyist Registration for Oral
Presentation (County Ordinance Section 2-11.1(s) of the County
Code), Attachment F. Lobbyist specifically includes the principal, as
well as any agent, officer, or employee *of a principal, regardless of
whether such lobbying activities fall within the normal scope of
employment of such agent, officer or .employee.
The .Subrecipient understands that the Grantee has relied on the Subrecipient's
aforementioned representations in entering into this Agreement.
Civil Rights — The Subrecipient agrees to abide by Chapter 11A of the Code of Miami -
Dade County ("County Code"), as may be amended, which prohibits discrimination
in employment, housing and public accommodations.
Where applicable the Subrecipi.ent agrees to abide and be governed by Title VI and
VII, Civil Rights Act of 1964 (42 U.S.C. 2000 et.seq.) and Title VIII of the Civil. Rights
Act of 1968, as amended, and Executive Order 11063, as may be amended, as well as
with any applicable regulations, which provide in part that there will be no
dlscriminationof race, color, gender/sex, religious background, ancestry or national
origin in performance of this Agreement, in regard topersons served, or in regard to
employees or applicants for employment or housing. It is expressly understood that
upon receipt of evidence of such discrimination, the Grantee shall have the right to
terminate said Agreement. Initials here
CoC Grant #FL0189L4D001205 City of Miami,,MMHAP-North Page 14
It is further understood that the Subrecipient must submit affidavits attesting that it
is not in violation of the American with Disabilities Act, the Rehabilitation Act, the
Federal Transit Act, (49 U.S.C. 1612), and the Fair Housing Act, (42 U.S.C. 3601
et.seq.), as may be amended, as well as with any applicable regulations. If the
Subrecipient or any owner, subsidiary, or other firm affiliated with or related to the
Subrecipient is found by the responsible enforcement agency, the Courts or Grantee
to be in violation of these Acts, the Grantee shall conduct no further business with
the Subrecipient. Any contract entered into based upon a false affidavit shall be
voidable by the Grantee. If the Subrecipient violates any of the Acts during the term
of any contract the Subrecipient has with Miami -Dade County, such contract shall be
voidable by the Grantee, even if the Subrecipient was not in violation at the time the
affidavit(s) were submitted. Initials here .
The Subrecipient agrees that it is in compliance with the Domestic Violence Leave,
codified as (Article 8, Section 11A-60 et.seq. of the County Code), as may be
amended, which requires an employer, who in the regular course of business and
has fifty (50) or more employees working in Miami -Dade County for each working
day during each of the twenty (20) or more calendar work weeks to provide
domestic violence leave to its employees. Failure to comply with this local law may
be grounds for voiding or terminating this Agreement or for commencement of
debarment proceedings against the Subrecipient. Initials here .
The Subrecipient agrees to abide and be governed by the Age Discrimination Act of
1975, (42 U.S.C; 6101 et seq.) and implementing regulations at (24 CFR Part 146), as
may be amended, as well as with any applicable regulations, which provides in part
that there shall be no discrimination against persons in any area of employment
because of age. Initials here . •
The Subrecipient agrees to abide and be government by Section 504 of the
Rehabilitation Act of 1973, as amended, (29 U.S.C. 794, et. seq.), as may be amended,
as well as with any applicable regulations, which prohibits discrimination on the
basis of handicap. Initials here
The Subrecipient agrees to abide and be governed by the requirements of the
Americans with Disability Act (ADA), as may be amended, as well as with any
applicable regulations. Initials here .
Pursuant to 24, CFR 578.23, Subrecipient hereby certifies and agrees that:
1. Subrecipient will maintain the confidentiality of records pertaining to any
individual or family that was provided family violence prevention or
treatment services through the project / program;
iL The address or location of any family violence project / program assisted
under this part will not be made public, except with written authorization
of the. person responsible for the operation of such program and in
accordance with any applicable state and local laws that prohibit
disclosure of information relating to domestic violence centers;
Subrecipient will establish policies and practices that are consistent with,
and do not restrict the exercise of rights provided by Subtitle B of Title VII
of the McKinney-Vento Homeless Assistance Act, as amended, and other
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North
Page 15
laws relating to the provision of educational and related services to
individuals and families experiencing homelessness;
iv. In the case of programs that provide housing or services to families, that
Subrecipients will designate a staff person to be responsible for ensuring
that children being served in the program are enrolled in school and
connected to appropriate services In the community including early
childhood programs such as Head Start, Part C of the individuals with
Disabilities Education Act, and programs authorized under Subtitle B of
Title VII of the McKinney-Vento Homeless Assistance Act as amended;
v, Subrecipient, its officers, and employees are not debarred or suspended
from doing business with the Federal Government; and
vi. Subrecipient will provideinformation, such as data and reports, as
required by US HUD.
Additionally, Subrecipient agrees:
I. To establish such fiscal controls and accounting procedures as may be
necessary to assure the proper disbursal of, and accounting for grant funds
in order to ensure that all financial transactions are .conducted, and
records maintained in accordance with generally accepted accounting
principles;
fi. To take the educational needs of children into account when families are
placed in housing and will, to the maximum extent practicable, place
families with children as close as possible to their school of origin so as not
to disrupt such children's education. A Subrecipient that serves families
with school -age children shall have at least one program staff member,
knowledgeable of the McKinney-Vento Education for Children and Youth
Act requirements and shall comply with all requirements related to
facilitation of educational opportunities consistent with Miami -Dade
County Homeless Trust's Standards of Care incorporated herein by
reference;
iii. To comply with the provisions of 24 CFR 578.23(c)(9);
iv. To follow the written standards for providing Continuum of Care
assistance developed by the Continuum of Care, including the minimum
requirements set forth in § 578.7(a)(9); and
v. To operate the project(s) in accordance with the provisions of the
McKinney-Vento Act and all requirements under 24 CFR part 578; and to
comply with such other terms and conditions as US HUD may establish by
NO FA. •
4. Suspension and Termination .
a. Suspension — The Grantee may, for reasonable cause, temporarily suspend the
operation and authority to obligate funds of the Subrecipient, under this Agreement,
or withhold payments to the Subrecipient pending necessary corrective action by
the Subrecipient or both.
Reasonable cause shall be determined by the Grantee in its sole and absolute
discretion and may include:
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 16
i. Ineffective or improper use of any funds provided hereunder by the
Subrecipient;
11. Failure by the Subrecipient to materially comply with any terms, conditions,
representations or warranties contained herein;
iii. Failure by the Subrecipient to submit any documents required by this
Agreement; or
iv. Incorrect or incomplete document submittal by the Subrecipient.
b. Termination -
1. Termination at Will - This Agreement, in whole or in part, may be
terminated by the Grantee upon no less than fifteen (15) working days'
notice when the Grantee determines that it would be in the best interest of
the Grantee and / or the Subrecipient materially fails to comply with the
terms and conditions of the award. Said notice shall be delivered by
certified mail, return receipt request, or in person with proof of delivery.
The Subrecipient shall have five (5) days from the day the notice was
delivered to state why it is not in the best interest of the Grantee to
terminate the Agreement. However, it is up to the discretion of the Grantee
to make the final determination as to what is in its best interest.
ii. Termination for Convenience - The Grantee or Subrecipient may terminate
this Agreement, in whole or part, when both parties agree that the
continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall
agree in writing upon the termination conditions, including the effective
date and in the case of partial termination, the portion to be terminated.
However, if the Grantee determines in the case of partial termination that
the reduced or modified portion of the grant will not accomplish the
purposes forwhich the grant was inade it may terminate the grant in its
entirety,
iii, Termination Because of a Lack of Funds - in the event funds to finance this
Agreement become unavailable, the Grantee may terminate this Agreement
upon no less than twenty-four (24) hours' notice in writing to the
Subrecipient. Said notice shall be sent by certified mail, return receipt
requested, or in person with proof of delivery. The Grantee shall be the final
and sole authority in determining whether or not funds are available.
iv. Termination for Breach - Upon terminating this Agreement under this
section the Grantee, in its sole discretion, may require the Subrecipient to
pay the Grante.e any or all costs associated with termination of this
Agreement,including but not limited to transfer of the Subrecipient's
obligations under this Agreement and or selection of a new Project Sponsor.
The Grantee may terminate this Agreement, in whole or in part, when the
Grantee determines in its sole and absolute discretion that the Subrecipient
is not making sufficient progress in the performance of this Agreement as
outlined in the "Scope of Services" contained within the "Electronic Review,
Renewal Adjustment and HEARTH Renewal Application" Attachment B
• or is not materially complying with any term or provision provided herein
including but not limited to the following:
CoC Grant #FLO189L4D001205 City of Miami, MMHAP-North Page 17
8.
1. The Subrecipient ineffectively or improperly used or uses the
Grantee funds allocated under this Agreement;
2. The Subrecipient failed or fails to furnish the Certificates of
Insurance required by this Agreement or as determined by Miami -
Dade County Internal Services Risk Management Division;
3. The Subrecipient failed or fails to furnish proof of Licensure, proof of
Certification or proof of Background Screening required by this
Agreement;
4. The Subrecipient failed or fails to submit detailed reports of
expenditures or final expenditure reports or submits incompletely or
incorrectly;
5. The Subrecipient failed or fails to submit required reports or
submits incompletely or incorrectly;
6. The Subrecipient refused or refuses to allow the Grantee access to
records or refused or refuses to allow the Grantee to monitor,
evaluate and review the Subrecipient's program;
7. The Subrecipient discriminates under any of the laws outlined in this
Agreement;
8. The Subrecipient failed or fails to provide Domestic Violence Leave
to its employees pursuant to local law;
9. The Subrecipient falsifies or violatesthe provisions of a Drug Free
Workplace Affidavit;
10. The Subrecipient attempted or attempts to meet its obligations
under this Agreement through fraud, misrepresentation or material
.misstatement;
11. The Subrecipient failed or fails within a specified period, to correct
deficiencies found during a monitoring, evaluation or review;
12. The Subrecipient failed .or fails to meet the terms and conditions of
any obligation under this Agreem.ent•or otherwise of any repayment
schedule to the Grantee or any of its agencies or instrumentalities;
13. The Subrecipientfailed or fails to meet any of the terms and
conditions of the Miami -Dade County Affidavits; and
14. The Subrecipient failed or fails to fulfill in a timely and proper
manner any :and all of its obligations, covenants, agreements and
stipulations in this Agreement.
The Subrecipient shall be given written notice of the claimed breach and ten
(10) business days to cure same. If the Subrecipient is not provided a
written waiver of the breach by the Grantee, or if the Subrecipient remains
in breach of this Agreement as determined by the Grantee, the Grantee shall
initiate written .notice to terminate and saidnotice will be to terminate
effective within no less than twenty-four (24) hours. Said notice shall be
sent by certified mail, return receipt requested, or in person with proof of
delivery. Waiver of Breach, or any provision of this Agreement shall not be
construed to be a modification, or revisions of the terms of this Agreement.
The provisions contained herein do not limit the rights to legal .or equitable
remedies or any other provision for termination by the Grantee under this
Agreement. The Subrecipient shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's
fees. Any individual or entity who attempts to meet its contractual
CoC Grant #FL0189L4D001205 City of Miami, MMHAP•North Page 18
obligations with the Grantee through fraud, misrepresentation or material
misstatement may be disbarred from Miami -Dade County contracting for up
to five (5) years.
5. Notice Regarding Future Funding Applications
Funding under this Agreement is provided by US HUD. The parties understand the Grantee,
as the US HUD funding recipient, is responsible for review and approval of the funding
application and response submitted to US HUD through the annual US HUD CoC Program
Notice of Funding Availability (NOFA) application process for homelessness assistance
funding.
The Subrecipient agrees totimely notify the Grantee of the Subrecipient's intention not to
be available to renew the program covered under this Agreement. Timely is defined as the
earliest of either 1) six (6) months prior to this Agreement's expiration; or 2) upon request
to confirm allocations in the Grant Inventory Worlcsheet (GIW) registration process of the
anticipated annual application to US HUD CoG Program NOFA,
If the Subrecipient is not available to apply for "renewal funding" or the continuation of the
program outlined in. this Agreement, and failed to timely advise the Grantee as described
herein, then the Grantee in its sole discretion nay opt not to enter into future grant
agreements with the Subrecipient.
Further, in the event the Subrecipient will not be available to apply for renewal funding
applicable to this Agreement, the Subrecipient agrees to ensure that housing ismaintained
for persons served by the Subrecipient under this Agreement after the expiration of this
Agreement so that those persons do not become homeless.
6. Reversion of Assets
a. .Term of Commitment -..If the Subrecipient receives assistance for acquisition,
rehabilitation, or new construction, then the Subrecipient shall agree to operate the
"McKinney-Vento Act housing" or provide "McKinney-Vento Act services" in
accordance with this Agreement and applicable laws, and regulations for a term of
at least twenty (20) years from the date of initial occupancy or date of initial
service provision. If the United States, Department of Housing and Urban
Development (US HUD) determines a project is no longer needed for use as
homeless assistance housing or services, then US (IUD may provide authorization to
the Grantee on 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 as Project Sponsor (24
CFR 583.305(a)). The parties hereby agree to this provision shall survive the
expiration or termination ofthls Agreement.
Repayment of Grant - If the Subrecipient does not provide supportive housingor
supportive services for twenty (20) 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 or partial repayment of the
grant used for acquisition, rehabilitation, or new construction, unless conversion of
the project has been authorized by US HUD pursuant to the terms in the Term of
CoC Grant #FLO7.891,4D001205 City of Miami, MMHAP.North
Page 19
Commitment Section 5(b) of this document (24 CFR 583.305(b)). The parties
hereby agree this provision shall survive the expiration or termination of this
Agreement,
b. Prevention of Undue Benefit - Upon the sale or other disposition of a project
assisted with acquisition, rehabilitation or new construction funds occurring before
the expiration of the twenty (20) year period, the Subrecipient must comply with
such terms and conditions as US HUD and the Grantee may prescribe to prevent the
Subrecipient from unduly benefiting from such sale or disposition.
The Subrecipient shall return to the Grantee, upon; the expiration or termination of
the Agreement any funds on hand, any accounts receivable attributable to those
funds, and any overpayment due to unearned funds or costs disallowed pursuant to
the terms of this Agreement that were disbursed to the Subrecipient by the Grantee.
c. Revocation of License or Permit - Notwithstanding any provision of this Agreement
to the contrary, revocation of any necessary license, permit, or approval by a
governmental authority may result in immediate termination of this Agreement
upon no less than twenty-four (24) hours' notice. Said notice shall be certified by
mail or hand delivery.
d. Declaration of Restrictive Covenant and Declaration of Restrictions -Where grant
funds are used for acquisition, construction or rehabilitation under this Agreement,
the Subrecipient shall record a Declaration of Restrictive Covenants, as well as a
Declaration of Restrictions, i.n accordance with this section.
The Declaration of Restrictive Covenants and the Declaration of Restrictions shall
restrict the use of properties located at(
.., in Miami -Dade County, Florida such that
the properties must be operated for the provision of homeless housing and services
for homeless persons in accordance with the provisions of (24 CFR Part 583, Code of
Federal •Regulations) and any other applicable laws or regulations for a term of at
least twenty (20) years or for such .other purposes as may be approved by the
Grantee and US HUD.
The Subrecipient agrees that the Declaration of Restrictive Covenants and the
Declaration of Restrictions shall be signed by the Subrecipient, as well as the title
owner of the subject property and any other relevant property interest holders,
including but not limited to a lessee of the title holder subleasing th.e property to the
Subrecipient. If the Subrecipient is not the titleowner of the subject .property, the
Subrecipient shall be responsible for obtaining execution of the Declaration of
Restrictive Covenants and the Declaration of Restrictions by the title owner and by
any other parties required by US HUD. The Subrecipient shall be responsible for
ensuring that any signatories required be US HUD sign the Declaration of Restrictive
Covenants and the Declaration of Restrictions whether US HUD requires such
signatories by regulation or by guidance provided directly regarding the project and
/ or property covered under this Agreement.
The Declaration of .Restrictive Covenants executed by the Subrecipient and any
other required parties and recorded by the Subrecipient must be approved by US
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 20
HUD. The Subrecipient must provide US HUD with proof of recordation of the
approved Declaration of Restrictive Covenants before funds for Rehabilitation or
' New Construction may be drawn down. Acquisition funds may be drawn down
before proof of recordation is received by US HUD; however, no other grant funds
will be available for drawdown until US HUD is satisfied with the form and
recordation of the Declaration of Restrictive Covenants,
The Subreciplent agrees to inform any lender or grantor which has loaned or
granted funds for the purchase of such properties or structure on the subject
property or properties covered under this Agreement and obtains their consent to
the recordation of and subordination to the "Declaration of Restrictive Covenants"
and the "Declaration of Restrictions Such consent shall be in a form acceptable to
the Grantee
The parties hereby agree this provision shall survive the expiration or termination
of this Agreement.
7. Uniform Administrative Requirements
a. Accounting Standards, Costs Principles and Regulations
i. The Subrecipient shall comply with Federal accounting standards and cost
principles according to OMB Circular A-122 and (24 CFR 578 et.seq.) and
any other applicable laws and regulations.
ii. The Subreclpient shall comply with applicable provisions of applicable
Federal, State, and County laws, regulations, and rules such as OMB Circular
A-110, OMB Circular A-21, and OMB Circular A-133 and with the Energy
Policy and Conservation Act (Public Law 94-163) which requires mandatory
standards and policies related to energy efficiency. If any provision of this
Agreement conflicts with any applicable law or regulation, only the
conflicting provision shall be modified to be consistent with the law or
regulation or be deleted if modification is impossible. However, the
obligations under this Agreement, as modified, shall continue and all
provisions of this Agreement shall remain in full force and effect.
iii. If the amount payable to the Subrecipient pursuant to the terms of this
Agreement is in excess of $100,000.00, or such other amount as required by
applicable law or regulation; the Subrecipient shallcomply with all
applicable standards, orders, or regulations issued pursuant to Section 306
of the Clean Air•Act of 1970 (42 U.S.C. 1857(h)), as amended; the Federal
Water Pollution Control Act (33 U,S.C.1251), as amended; Section 508 of the
Clean Water Act (33 U.S.C. 1368); the Environmental Protection Agency
regulations (40 CFR Part 15); Executive Order 11738; and the
Environmental Review Procedures and Regulations (24 CFR Part 58 and 24
CFR Part 583.230). The Subrecipient shall comply with all applicable laws
and regulations governing this Agreement ,
b. Retention of Records
CoC Grant #FI.0189L4D001205 City of Miami, MMHAP-North Page 21
i. The Subrecipient shall retain records pertinent to expenditures and all
Agreement records for .a period of at least three (3) years, hereinafter
referred to as "Retention Period". For all non -Grantee assisted activities the
Retention Period shall begin upon the expiration or termination of this
Agreement.
ii. if the Grantee or the Subrecipient has received or been given notice of any
kind indicating any threatened litigation, claim or audit arising out of the
services provided pursuant to 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 Grantee,
fully, completely and finally resolved.
iii. The Subrecipient shall allow the Grantee or any persons authorized by the
Grantee full access to and the right to examine any of the Agreement records
during the required Retention Period.
iv. The Subrecipient shall notify the Grantee in writing both during the
pendency of this Agreement and after its expiration as part: of the final close
out procedure of, the locationand address where all the Agreement records
will be retained.
v. The Subrecipient shall obtain prior written approval by the Grantee for the
disposal of any Agreement records before disposing of such records if it is
within one (1) year after the expiration of the Retention Period.
8: Additional Requirements
The Subrecipient shall comply with the following additional requirements:
a: Client Rules and Regulations - The-Subrecipient shall submit to the Grantee a copy
of the Client Rules and Regulations that apply to all program or client participants
referred to the Subrecipient pursuant to this Agreement. This copy is due within
thirty (30) calendar days following the execution of this Agreement:
b. Personnel Policies and Administrative Procedure Manuals - The Subrecipient shall
• submit detailed documents describing all the Subreciplent's policies and procedures
for internal control, corporate, or organizational,structure, property management,
procurement, personnel management, accounting .and fiscal information. This
information shall beavailable to the Grantee upon request.
c. Monitoring - The Subrecipient shall permit the Grantee and any other persons
authorized by the Grantee to monitor, according to applicable regulations, all
Agreement records, facilities, goods, services and activities of the Subrecipient
which are in any way connected to the activities Undertaken pursuant to the terms
of this Agreement including interview of any participant, employee, subcontractor,
or assignees of the Subrecipient. The Grantee' shall monitor both fiscal . and
programmatic compliance with all terms and conditions of this Agreement including
a review of beneficiaries, supportive services, housing, operating costs, program and
CoC Grant #11L0189L4D001205 City of Miami, MMlIAP-North Page 22
performance progress, site habitability, participant eligibility, documentation for
required match, record keeping, and compliance with circulars, administrative
costs, technical assistance visits, and environmental review. The Subrecipient shall
permit the Grantee to conduct site visits, participant assessment surveys, and other
techniques deemed reasonably necessary to fulfill the monitoring function. If the
Grantee monitors and there is a finding of deficiencies report; said report may be
delivered to the Subrecipient, and if so delivered, the Subrecipient shall rectify all
deficiencies cited within the period of time specified in the report.
d. Restrictions of Funds Use - The funds received under this Agreement (and any State
or Local government funds used to supplement this Agreement) may not be used to
replace State or local funds previously used, or designated for use to assist homeless
persons (24 CFR Part 583,150(a)). The Subrecipient shall notify the Grantee of any
additional funding received for any activity described in this Agreement, other than
the "Client Contribution Report / Program Income Report", Attachment ( which
is addressed in Section 2 d. Records and Reports. Such notification shall bein
writing and received by the Grantee within thirty (30) calendar days of the
Subrecipient's notification by the funding source.
e. Related Parties - The Subrecipient shall report to the Grantee the name, purpose
and any other relevant information in connection with any transaction conducted
• between the Subrecipient and a related party transaction. A related party includes,
but is not limited to; a for -profit or nonprofit subsidiary or affiliate organization, and
organization with overlapping boards of directors or any organization for which the
Subrecipient 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 immediately. Any supplemental information shall be reported in the
Grantee required Agency Narrative and Progress Report which are addressed in
Section2 b. Records and Reports.
f. RequiredMeeting Attendance - From time to time, Grantee through Miami -Dade
County Homeless Trust may schedule meetings and or training sessions to assist the
Subrecipient in the performance of its contractual obligations or to inform the
Subrecipient of new and or revised policies and procedures. Attendance at some
of these meetings may be mandatory. The Subrecipient shall receive notice no
less than three (3) business days prior to any meeting or training session that may
require mandatory participation. A record of attendance shall be kept of meetings
or training sessions where notice was given indicating the mandatory participation
of the Subrecipient and the Subrecipient shall be monitored for compliance on that
record of attendance. Failure to attend meetings or training sessions for which a
mandatory notice has been provided can result in material non-compliance of the
Agreement, up to and including Breach or Default. Proof of mandatory notice shall
consist of fax record, certified mail, electronic confirmation and or verbal
communication with the Agreement contact person or persons and other program
administrative staff of the Subrecipient. The Subrecipient may select one or more
employees from their Agency, directly involved in the Agreement program, as their
representative at the meeting or training session; the participation of the Agreement
contact person or persons is preferred. The Subrecipient may request waiver from
a mandatory meeting. That waiver must be received no later than twenty-four (24)
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 23
g•
•
hours prior to the meeting date and time, and justification provided, including the
reason the Subrecipient could not send any representative. The Grantee shall have
absolute and final approval over any determination to waive mandatory attendance;
and no more than two (2) mandatory attendance waivers shall be allowed during.
the term of this Agreement. The Subrecipient is encouraged to attend all meetings
of Miami -Dade County Homeless Trust and or Its Committees, as information
relevant to their program or services may be discussed,
Publicity and. Advertisements - The Subrecipient shall ensure that all publicity and
advertisements prepared and released by the Subrecipient, such as pamphlets and
news releases already or indirectly related to activities funded pursuant to this
Agreement, and all events carried out to publicize the accomplishments of any
activity funded pursuant to this Agreement, recognize, the Grantee as its funding
source.
h. Procurement - The Subrecipient shall make a positive effort to procure supplies,
equipment, construction or services necessary or related to carrying out the terms
of this Agreement from minority' and women owned businesses, and to provide
these to the maximum feasible competitive opportunity as permitted by applicable
law.
i, Involvement of HUD -assisted individuals and families - per 24 -CFR 578.23 (c)(3),
the Subrecipient agrees to ensure tothe maximum extent practicable, that
individuals and families experiencing homelessness are involved, through
employment, provision of volunteer services,or otherwise, in constructing,
rehabilitating, maintaining and operating facilities for the project and in providing
supportive services for the project. Further,per the Housing and Urban
Development Act of 1968; as amended, (12 US.C. 1701 u) to the greatest extent
feasible, opportunities for training and employment, for services or programs
covered under this Agreement, should be given to lower -income residents of HUD -
assisted projects and contracts for work in connection with the project be awarded
in substantial part to persons.res.iding in th.e area of the .project. Initials here
Property - This section applies to equipment with an acquisition cost of greater
than $5,000.00 per unit and all real property. 1) Any real property under the
control of the Subrecipient that was acquired and or improved in whole or in part
with funds from Grantee, or from Miami -Dade County and any equipment or
property purchased for greater than $5,000.00, shall,. upon expiration or
termination of this Agreement, be disposed In accordance with instructions from the
Grantee. Real Property is defined as land, including land improvements, structures,
and appurtenances thereto, including moveable machinery and equipment.
Equipment means tangible, non -expendable, personal property having a useful life
of more than one (1) year and acquisition costs of greater than $5,000.00 per unit.
2) The Subrecipient shall list in the property records all equipment with an
acquisition cost of greater than $5,000,00 per unit and all real property purchased
In whole or in part with funds from.the Grantee or from Miami -Dade County from
this Agreement or from previous agreements, The property record shall include a
legal description, size, date of acquisition, and value at time of purchase, owner's
name if different than the Subrecipient, information on the transfer or disposition of
CoC Grant #PL0189L4D001205 City of Miami, MMIIAP-North Page 24 •
the property, and map indicating where property is in parcels, lots or blocks and
showing adjacent streets and roads. Notwithstanding documents required for
reimbursement purposes, an additional copy of the purchase receipt for any
property described above which was purchased using Grantee or Miami -Dade
County funds must also be included in the reimbursement package along with the
"Real Property and Equipment Asset Inventory" Attachment 0 in the month it was
purchased. 3) All equipment with an acquisition cost of greater than $5, 000.00 per
unit and all real property shall be inventoried annually by the Subrecipient and an
Annual Inventory Report submitted to the Grantee. This report shall include the
elements listed above.
k... Management. Evaluations and Performance Reviews - The Grantee may conduct
formal Management Evaluations and Performance Reviews of the Subrecipient
following this expiration of this Agreement. The Management Evaluations will
reflect the, compliance of the Subrecipient with generally accepted fiscal and
organizational standards and practices. The Performance Reviews will reflect the
quality of service provided and value received of the funds using monitoring data
such as progress reports, site visits, and participants' surveys.
I. Subcontracts and Assignments — The Subrecipient shall not assign this Agreement
without the Grantee's written consent to the assignments. The Subrecipient shall
ensure that all subcontracts and assignments; 1) Identify the full, correct and legal
name of the party; 2) Describe the activities to be performed; 3) Present a complete
and accurate breakdown of all price components; and 4) Incorporate provisions
requiring compliance with all applicable regulatory and other requirements of this
Agreement with any conditions of approval that the Grantee deems necessary, This
applies only to subcontracts and assignments in which parties are engaged to carry
out any eligible substantive programmatic service as set forth in this Agreement.
The Grantee shall In its sole and absolute discretion determine when services are
eligible substantive programmatic services subject to the audit and record keeping
requirements described above.
The Subrecipient shall ensure that all. subcontracts and assignments which involve.
the expenditure of one hundred thousand dollars ($100,000.00) or more, comply
with (Miami -Dade County Ordinance 97-104, § 1, 7-8-97), which shall require the
entity contracting with Miami -Dade County to list all first tier subcontractors who
will perform any part of the contract and all suppliers who will supply materials for
the contract work directly to such entity. The contract shall also require the entity
contracting with Miami -Dade County to report to Miami -Dade County the race,
gender, and ethnic origin of the owners and employees of all such first tier
subcontracts. This Agreement shall require the Subrecipient to provide Miami -Dade
County the race, gender and ethnic information as soon as reasonably available and
in any event prior to final payment under the contract. The Subrecipient shall not
change or substitute subcontractors or suppliers from those listed except upon
written approval of the County. The Subrecipient must provide the list of all first
tier subcontractors and direct suppliers; see "Subcontractor Supplier Listing"
Attachment G. The Subrecipient shall incorporate into all consultant subcontracts
this additional provision: "The Subrecipient is not responsible, for any Insurance
or other fringe .benefits for the consultant or its employees, (examples social
CoC Grant #PLO189L,4D001205 City of Miami, MMHAP-North Page 25
A.,
A
I. O.
security, income tax withholdings, retirement or leave benefits). The
consultants assume full responsibility for the provision of all insurance and
frir r e e its for themselves and ir employees retained by the consultants
in carrying out the Scope of Service provided in this subcontract'; The
Subrecipient shall be responsible for monitoring the contractual performance of all
subcontracts. The Subrecipient shall receive written documentation prior to
entering 'into any subcontract which contemplates performance of substantive
programmatic activities,. as such is determined as provided herein. The approval of
the Grantee shall be obtained prior to the release of any funds to the Subrecipient
for the subcontract. The Subrecipient shall receive written approval from the
Grantee prior to either assigning or transferring any obligations or responsibilities
set 'forth in this Agreement or the right to receive benefits or payments resulting
from this Agreement. Approval by the Grantee of any subcontract or assignment
shall not under any circumstances be deemed to provide for the incurring of any
obligation by the Grantee in excess of the total dollar amount set forth in this
Agreement.
m, Consultant to the Grantee — the parties understands that in order to facilitate the
implementation of this Agreement, the Grantee may from time to time designate a
development consultant to work with the Subrecipient, The Grantee's Consultant
shall be considered the Grantee's designee with respect to allportions of this
Agreement with the exception of those provisions relating to payment to the
Subrecipient for services rendered. The Grantee shall provide written notification
to the . Subrecipient of the name, address and employee representatives of the
Grantee's Consultant.
n. Participation in the Homeless Management Information System (HMIS) — The
Subrecipient agrees to participate in a Homeless Management Information System
selected and established by the Grantee, Participation will include, but, not be
limited to, input of client data upon intake, daily updates of bed availability
information, as well as updates to current and prior client's records upon client
contact, and maintaining current data for statistical purposes. Subrecipients of
Domestic Violence Programs with heightened privacy and confidentiality concerns
are required to participate in an 1-IMIS equivalent system to include the necessary
stricter privacy and confidentiality standards. The Subrecipient understands that
they are responsible for any ongoing costs to access the HMIS system. The
Subrecipient agrees to abide by terms of any HMIS Agreements, which are
incorporated herein by reference. The .Subrecipient shall indemnify and hold
harmless the Grantee and Miami -Dade County, its agents and instrumentalities from
any and all liability, losses and damages arising out of or relating to this Agreement
or the HMIS system.
o. Miami -Dade County Inspector General review — The Subrecipient understands that
Miami -Dade County, Office of the Inspector General may, on a random basis,
perform audits on all Miami -Dade County contracts, throughout the duration of said
contracts,
p. Independent ,Private -Sector Inspector General review — The Subrecipient
understands that Miami -Dade County Inspector General is also empowered to retain
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 26
the services of Independent Private -Sector Inspector Generals, to audit, investigate,
monitor, oversee, inspect and review operations, activities, performance and
procurement processes including. but not limited to project design, application and
project specifications, proposals submittals, activities of the Subrecipient, its
officers, agents and employees, lobbyists, Miami -Dade County staff, and elected
officials to ensure compliance with contract specifications and to detect fraud and
corruption.
q. Renegotiation or Modification - The Subrecipient agrees that modifications to
provisions of this Agreement shall only be valid, when in writing and signed by duly
authorized representatives of all parties. In addition, the Subrecipient may not
make any significant changes to an approved program without prior written
approval by the Grantee. Significant changes include, but are not limited to, changes
in the Project Sponsor, changes in the project site location, additions or deletions In
types of program or funding activities outlined in 24 CFR 578.37 578.63 and the
Notice of Funding Availability (NOFA) process approved in the Technical
Submission for this program, or a shift of greater than ten (10) percentage points
between approved funding activities, or a change in the population served, the
number of population served, or any other changes deemed significant by the
Grantee. Depending upon the nature of the change, the Grantee may require a new
certification of consistency with the Consolidated Plan Certification from the United
States Department of Housing and Urban Development, any approval for changes is
contingent upon United States, Department of Housing and Urban Development
Field Office approval of the continuation of the Subrecipient's renewal ranking in
the CoC NOFA application process.
The parties agree to renegotiate this Agreement if the Grantee determines, in its sole
and absolute discretion, that changes are necessary for reasons including but not
limited to changes in Federal, State, County laws or regulations, or increases or
decreases in funding allocations. The Grantee shall have final authority in
determining funding availability for this Agreement caused by changes listed above,
Notwithstanding the foregoing, the Grantee retains all rights of suspension and
termination set forth in other section(s) of this Agreement.
r. Right to Waive - The Grantee may, for good and sufficient cause, determined by the
Grantee in its sole and absolute discretion, waive provisions In this Agreement in
writing or seek to obtain such wavier from the appropriate authority. All waiver
requests from the Subrecipient must be in writing. Any waiver shall not be
construed as a modification or revision to this Agreement.
s. Disputes - In the event that an unresolved dispute exists between the Subrecipient
and the Grantee, the Grantee shall refer the questions, including the views of all
interested parties and the recommendation of the Miami -Dade County Homeless
Trust, to the Miami -Dade County Mayor or the Mayor's designee for determination.
The Mayor or Mayor's designee will issue a determination within thirty (30)
calendar days of receipt and so advise the Grantee and the Subrecipient, or,in the
event additional time is necessary, the Grantee will notify the Subrecipient within
the thirty (30) day period that additional time is necessary. The Subrecipient agrees
that the determination of the Mayor or the Mayor's designee shall be final and
binding on all parties.
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 27.
t. Proceedings - This Agreement shall be construed in accordance with the laws of the
State of Florida and any proceedings arising between the parties in any manner
pertaining or related to this Agreement shall, to the extent permitted by law, be held
in Miami -Fade County, Florida.
u. Notice and Contact - The Grantee's representative for this Agreement is Hilda M.
Fernandez, Executive Director`Miami-Dade ounty Homeless Trust. The
Subrecipient's representative for this Agreement is ( ).
The project site location is ). In the event
that different representatives are designated by either party after this Agreement is
executed, or the Subrecipient changes the address of either the program site or
principal office, the Subrecipient must notify the Grantee prior to such relocation
*and obtainall necessary approvals. Notice of the name of the new representative or
new address will be .rendered in writing to the Grantee and said notification
attached to the originals of this Agreement. (The Subrecipient shall attach a list of
its Board of Directors and Table. of Organization to this Agreement),
v. Name and Address of Payee -When payment is made to the Subrecipient, It shall
bedirected to the name and address of the payee listed here:
•
All Terms and Conditions included - This Agreement and its attachments as.
referenced contain all the terms and conditions agreed upon by the parties. The
following documents are attached to this Agreement (See details page 3 in Index
of Attachments A through P)
w. 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 ventures.
Neither party shall have, expressly or by implication, or represent itself as having,
any authority to make contracts or enter into any agreements in the name of the
other party, or to obligate or bind the other party In any manner whatsoever.
x. 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 all applicable law.
Waiver of Trial - Neither the Subrecipient, subcontractor nor.anyother person
liable for the responsibilities, obligations, services and representations herein, nor
any assignee, successor heir or personal representative of the Subrecipient,
subcontractor or any other such other persons or entity shall seek a jury trial in any
lawsuit, preceding, counterclaim or other litigation procedure based upon or arising
out of this Agreement, or the dealings or the relationship between or among the
parties to this Agreement..
' ).
CoC Grant #FLO189IAD00120S City of Miami, MMFIAP-North Page 28
z. Counties and Municipalities outside Miami -Dade County - The Subrecipient agrees
to provide homeless housing within Miami -Dade County and further agrees to abide
by, as well as to post this notice; Notice that all firms, corporations, organizations or
individuals desiring to transact business or enter into a contract with Miami -Dade
County for the provision pf homeless housing and or homeless services swears,
verifies, affirms and agrees that 1) they have not entered into any current contracts,
arrangements of any kind, or understanding with any county, or municipality
outside of Miami -Dade County 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 counties and municipalities outside Miami -Dade County; and 2)
During the term of this contract, entities listed above will not enter into any such
contract, arrangement of any kind or understanding provided however, Miami -Dade
County Homeless Trust may, in its sole and absolute discretion, find and determine
within sixty (60) days of an entity's request to waive the requirements of this
section, thgt a proposed contract should not be prohibited hereby, as the best
interests of the homeless programs undertaken by and on behalf of Miami -Dade
County would be served and Miami -Dade. County would not be negatively affected
by such contract, arrangement, or undertaking.
aa. Compliance with all applicable Laws, Regulations, Ordinances, Policies and
Standards - The Subreciplent agrees to comply with all applicable Federal, State,
and local laws, regulations, ordinances, and standards including but not limited to
any applicable requirements regarding payment and performance bonds and other
requirements for public works, competitive bid and bid bond requirements, if
applicable, as well as with requirements contained in the Grantee's "2012
Continuum of Care Program Grant Agreement", Attachment A. The Subrecipient
also agrees to sign and provide the Grantee with any required affidavits.
Additionally, the Subrecipient shall comply with any and all guidance that Grantee
receives from US HUD regarding this Agreement, the program and / or services
covered herein, and clarification of existing laws and regulations
bb. Pink Slime - The Subrecipient will not use products or foods containing "pink
slime", as defined in Resolution 478-12 of the Board of Miami -Dade County
Commissioners, in food that is provided or served pursuant to this Agreement.
9. Religious Organizations
Pursuant to 24 CFR Part 583.150, a primarily religious organization is eligible to receive US
HUD funding, if the organization agrees to provide homeless housing and services in a
manner that is free from religious influences and in accordance with the following
principles;
a. 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;
b: It will not discriminate against any person applying for homeless housing or
services on the basis of religion and will not limit such homeless housing, or services
or give preference to persons on the basis of religion; and
CoC Grant 11FL0189L4D 001205 City of Miami, MMI-iAP-North Page 29
c. 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 homeless housing and services funded hereunder.
The Subrecipient shall comply with the provisions of this section and with 324 CFR Part
583.150, as well as with any other applicable laws or regulations governing a primarily
• religious organization as applicable,
10. 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 (IIHI) and or
Protected Health Information (P.HI) shall comply with the Health Insurance Portability and
•Accountability Act of 1996 (HIPAA) and any applicable federal, state, county and local laws
and policies. HIPAA mandates for privacy, security and electronic transfer standards that
include but are not limited to the following;
a. Use of information only for performing services required by the contract or as
required by law;
b. Use of appropriate safeguards to prevent non -permitted disclosures;
c. Reporting to Miami -Dade County of any non -permitted use or disclosure;
.d. Assurances that any agents and subcontractors .agree to the same restrictions and
conditions that apply to the Subrecipient and provides reasonable assurances that
IIHI and PHI will be held confidential;
e. Making PHI available to the customer;
f. Making PHI available to Miami=Dade County for an accounting of disclosures;
g. Making internal practices, books and records related to PHI. and IIHI available to
Miami -Dade County for compliance audits and for other purposes as may be
permitted by law; and
h. PHI shall maintain its protected status regardless of the form and method of
transmission (including paper and or electronic transfer of data).
The Subrecipient must give its customers written notice of all privacy information practices
including but not limited to description of the types of uses and disclosures that would be
made.with protected health information.
11. Proof of Licensure / Certification and Background Screening
a. Licensure. - If the Subrecipient is required by the State of Florida or Miami -Dade
. County or any federal, state or local. law .or regulation to be licensed or certified to
provide the services or operate ,the facilities outlined in the Scope of Service
contained within the "Electronic Review, Renewal Adjustment and HEARTH
Renewal Application", Attachment B, the Subrecipient shall furnish to the Grantee a
copy of .all required current licenses or certificates. Examples of services or
operations requiring such Lcensure or certification include but are not limited to
childcare, day care, nursing homes, and boarding homes.
If the Subrecipient fails to furnish the Grantee with the licenses, •certificates or
certifications required.under this Section, the.Grantee in its sole discretion, shall not
disburse any funds until it is provided with such licenses or. certifications. Failure to
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North Page 30
provide the required licenses or certification within sixty (60) days of execution of
this Agreement may result In termination of this Agreement at the Grantee's
discretion.
b. Background Screening — The Subrecipient agrees to comply with all applicable
federal, state and local laws, regulations, ordinances and resolutions regarding
background screening of employees, volunteers and subcontractors. Subrecipient's
failure to comply with any applicable laws, regulations, ordinances and resolutions
regarding background screening of employees, volunteers and subcontractors is
grounds for a material breach and termination of this contract at the sole discretion
of the Grantee.
The Subrecipient agrees to comply with all applicable laws, (including but not
limited to chapters 39, 402, 409, 394,400, 393, 397, 984, 985 and 435, Florida
Statutes, as may be amended from time to time), regulations, ordinances and
resolutions regarding background screening of those who may work or volunteer
with vulnerable persons as defined by § 435.02 Florida Statutes, as maybe amended
from time to time.
In the event criminal background screenings is required by law, the State of Florida
and / or Miami -Dade County, the Subrecipient will permit only employees,
volunteers and subcontractors with a satisfactory natinnal criminal background
check through an appropriate screening agency (i.e., the Florida Department of
Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of
Investigation) to work or volunteer in direct contact with vulnerable persons.
The Subrecipient agrees to ensure that employees, volunteers and subcontracted
personnel who work with vulnerable persons satisfactorily complete and pass Level
2 background screenings before working or volunteering with any vulnerable
population. The Subrecipient shall furnish the Grantee with such proof that
employees, volunteers and subcontracted personnel, who work with vulnerable
persons, satisfactorily passed Level 2 background screening pursuant to Charter
435 Florida Statutes, as may be amended from time to time.
If the Subrecipient fails to furnish to the Grantee such proof that an employee,
volunteer or subcontractor's Level 2 background screening was satisfactorily
passed and completed prior to that employee, volunteer or subcontractor working
or volunteering with .a vulnerable person or vulnerable persons, the Grantee shall
not disburse any further funds and this Agreement may be subject to termination at
the sole discretion of the Grantee.
SIGNATURES CONTINUE ON NEXT PAGE
CoC Grant #FL0189L4D001205 City of Miami, MMHAP-North
Page 31
IN WITNESS WHEREOF, the. parties have caused this thirty-two f32 page. Agreement to be
executed by their respective and duly authorized officers the day and year first above written.
WITNESSES; ENTITY,
1, Subreciplent /Project Sponsor:
(Signature) (Print full name of Organization)
Name:
(Print Witness Name) (Signature).
2.
(Signature) (Print Authorized Signatory)
(Print Witness Name) (Print Title of Authorized Signatory)
Affix
Incorporation
SEAL here
ATTEST; Miami -Dade County, a political subdivision of
The State of Florida
HARVEY RUVIN, CLERK
BY:
Deputy Clerk Carlos A, Gimenez, Mayor
Date
See attached memorandum dated ( / / 2013) approved as to form and legal sufficiency;
CoC Grant #FL0189L41O001205 City of Miami, MMHAP-North Page 32