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25221
AGREEMENT INFORMATION AGREEMENT NUMBER 25221 NAME/TYPE OF AGREEMENT SPANISH AMERICAN BASIC EDUCATION & REHABILITATION, INC. DESCRIPTION HOPWA AGREEMENT/TENANT BASED RENTAL ASSISTANCE PROGRAM/FILE I D : 16088/R-24-0257/MATTER I D : 24-2586 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 10/25/2024 DATE RECEIVED FROM ISSUING DEPT. 10/25/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: Monica Galo EXT. 1976 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Spanish American Basic Education & Rehabilitation, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $ $215,782.00 FUNDING INVOLVED? El YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): N/A PURPOSE OF THE ITEM (BRIEF SUMMARY): ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT Contract in the amount of $215,782.00 in HOPWA (TBRA) funding to Spanish American Basic Education & Rehabilitation, Inc. (SABER) for the implementation of HOPWA/TBRA services. For additional information, please see Resolution attached. COMMISSION APPROVAL DATE: 7/11/2024 FILE ID: 16088 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-24-0257 N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR October 15, 2024 I 12:18:24 PDT PRINT: VICTO'rTeniw Icy, SIGNATURE: �` �C1A2 CC A 4F43F... SUBMITTED TO RISK MANAGEMENT October 16, 2024 I 06:52:24 EDT PRINT: ANN,-WrA SIGNATURE €ualARPiE ��VV� /h 4 ` (UR,../My SUBMITTED TO CITY ATTORNEY.RP uctober 21, 2024 I 11:14:10 EDT PRINNTr G pp'� �4 #Z4-58 SIGNATURE: — fi ned by: I'1 ��..orot, Wisbt4 (II APPROVAL BY ASSISTANT CITY MANAGER/CFO October 24, 2024 I 11:51:27 EDT RI N� II0770E3FE86�48B... PRINT: LARRY SPD'dUSTgned by: �� SIGNATURE• l a�„rui Spinlu RECEIVED BY CITY MANAGER October 25, 2024 I 09:56:18 EDT PRINT: ART maw - SIGNATURE a <�Vlt RECEIVED BY DEPUTY CITY MANAGEROctober 24, 2024 I 15 :01: 54 EDT PRINT: NA SIGNATURE: 'e3� 2D'b+Y2A... 0 e„ FOI ®ROOK-WILLIAMS N>4 ColaGtiao4_W+.le,e.„-4 1) ONE ORIGINAL TO CITY CLERK O tober 25, 2024 1 11:55:51 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT EDT PRINT: TODb SIGNATURE: 8 8 1WA41B... c--DocuSigned by: PRINT: SIGNATURE: PRINT: SIGNATURE: v ---�—� —E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER Florida (hereinafter the CITY), & CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT (HOPWA) AGREEMENT TENANT BASED RENTAL ASSISTANCE PROGRAM (TBRA) This Agreement (hereinafter the "Agreement") is entered into this day of , 2024, between the City of Miami, a municipal corporation of the State of Spanish American Basic Education & Rehabilitation, Inc. (SABER) a Florida not for profit corporation (hereinafter referred to as the PROJECT SPONSOR). FUNDING SOURCE: CFDA4 (If applicable): AMOUNT: TERM OF AGREEMENT: PROJECT NUMBER: UEI0 NUMBER: AGENCY'S ADDRESS: Housing Opportunities for Persons with AIDS (HOPWA) ROPWA - 14.241 $ 215,782.0(1 Effective date of this agreement is October 1, 2024 to September 30, 2025 UKIFK45FAUY3 3990 W. Flagler Street, Suite #103 Miami, FL, 33134 WITNESSETH WHEREAS, the Housing Opportunities for Persons With AIDS (HOPWA) Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, 24 CFR 574, Subpart B, stipulates that the most populous unit of general local government in an EligihPe Metropolitan Statistical Area (EMSA) be the applicant for the HOPWA Program funds allocation for the EMSA; and WHEREAS, in Miami -Dade County, the City of Miami is the most populous City, and thereby, the designated applicant for HOPWA Program funds for this EMSA; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROJECT SPONSOR for the provision of HOPWA assistance to very low-income persons living with HIV/A[DS; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements Exhibit H Anti -Human Trafficking Affidavit 1.2 DEFINED TERMS. As used herein the following terms shall mean: 2 Act OR 24 CFR 574: HOPWA Regulations promulgated by HUD for the HOPWA Program Final Rule, and any changes thereto. Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and. media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROJECT SPONSOR or any subcontractor in carrying out the duties and obligations rewired by the terms of this Agreement, including, but not Limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Department of Housing & Community Development. Federal Award: Any federal funds received by the PROJECT SPONSOR from any source during the period of time in which the PROJECT SPONSOR is performing the obligations set forth in this Agreement. HOPWA Program: Housing Opportunities for Persons with AIDS Program. Low -and -Moderate A member ofa low- or moderate -income household whose income Person: income is within specific income levels set forth by U,S. HUD. E.I.S. HUD or HUD: The United States Department of Housing and Urban Development ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2. I The Work Program submitted by the PROJECT SPONSOR to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the PROJECT SPONSOR. It should specifically describe the activities to be carried out as a result of the expenditure of HOPWA Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.E The schedule of activities and measurable objectives play an essential role in the grant management system. The schedule should provide projected milestones and 3 deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the PROJECT SPONSOR under this Agreement, 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROJECT SPONSOR's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of arof an Authorized Representative Statement. 2,6 Completion of a Statement of Accounting System, 2,7 A copy of the PROJECT SPONSOR's corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 Copy of the PROJECT SPONSOR's last federal income tax return (IRS l-orm 990), 2.10 The following corporate documents! (i) Bylaws, resolutions, and incumbency certificates for the PROJECT SPONSOR, certified by the PROJECT SPONSOR's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.1 1 Acceptance of federal requirements applicable to the HQPWA program under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of regulations contained under 24 CFR 574 and the Final rule and Lead Based Paint regulations under 24 CFR Part 35, 2.12 ADA Requirements, 2.13 Drug Free Certification, 2,14 All other documents reasonably required by the CITY. ARTICLE. III TERMS AND PROCEDURES 3.1 C]TY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 4 3.2 EFFECTIVE DATE AND TERM; The Effective date of this agreement is October i, 2024 to September 30, 2025 3.3 OBLIGATIONS OF PROJECT SPONSOR. The PROJECT SPONSOR shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current Federal regulations as may be amended. The PROJECT SPONSOR is aware of and accepts the Policies and Procedures Manual for the HOPWA Grant as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the PROJECT SPONSOR. The Policies and Procedures Manual for the HOPWA Grant is incorporated herein and made part of this Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part ❑l'this Agreement, 3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the PROJECT SPONSOR shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the PROJECT SPONSOR shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROJECT SPONSOR shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project anchor the Work Program • The addition of any positions not specifically listed in the approved Itemized Budget. • The modification or addition of any job ckscriptions. ■ The purchase of any non -expendable personal property. • The disposition of any ieal property, expendable personal property or any non - expendable personal property. ■ Any out-of-town travel not specifically listed in the Itemized Budget. • The use of program income in any manner not specifically listed in the Itemized Budget. 5 • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. • The dispersal of any Agreement Records, ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4,1 COMPENSATION. The amount of compensation payable by the CITY to the PROJECT SPONSOR shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the t,errrt hereof, the PROJECT SPONSOR shall .maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROJECT SPONSOR shall furnish to the CITY original certificates of insurance indicating that the PROJECT SPONSOR is in ccmpliancc with the provisions described in Exhibit "G"" attached hereto, and incorporated into this Agreement. 4.1 FINANCIAL ACCOUNTA11ILITY. The CITY reserves the right to audit the records of the PROJECT SPONSOR at any time during the performance of this Agreement and for a period of five (5) years after its expirationitermination. The PROJECT SPONSOR agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the PROJECT SPONSOR are subject to reduction for overpayments on previously submitted invoices, 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapturefunds in the event that the PROJECT SPONSOR shall fail: (i) to comply with the terms of this Agreement, or (ii) try accept conditions imposed by the: CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for HOPWA Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROJECT SPONSOR shall adhere to the following audit requirements; 6 5.1.1 If the PROJECT SPONSOR expends $750,000 or more in federal funds during its Fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the PROJECT SPONSOR elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROJECT SPONSOR expends federal awards under only one federal program and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the PROJECT SPONSOR., the PROJECT SPONSOR may elect to have a Program -Specific Audit conducted in accordance with 2 CFR 200.507 "Program -Specific Audits". The auditor must: {i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROJECT SPONSOR has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements of 2 CFR 200.5 14(d). (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the PROJECT SPONSOR in accordance with the requirements of 2 CFR 200.51 1 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with this 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statcmcnt(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; 7 (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the PROJECT SPONSOR complied with laws, regulations, and the terms and conditions of Federal awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROJECT SPONSOR expends less than S750,000 in federal funds during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense, The CITY, however, may request the PROJECT SPONSOR to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costslcost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The PROJECT SPONSOR shall establish and maintain sufficient records to enable the CITY to determine whether the PROJECT SPONSOR has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the PROJECT SPONSOR: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with HOPWA funds, including its location (if the activity has a geographical locus), the amount of HOPWA funds budgeted, obligated and expended for the activity, and the specific provision in the HOPWA Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the HOPWA Manual and that such information is provided in the form required in same. 8 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed. households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOPWA funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(h) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U), and 24 CFR part 75, relative to the hiring and training of low- and very low-income persons and the use of focal businesses. 6. l,4 Financial records, in accordance with the applicable requirements of 24 CFR 574. 6. 1.5 Reeords required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 574. 6.2 RETENTION AND ACCESS1l3ILITY OF RECORDS. 6.2.I The Department shall have the authority to review the PROJECT SPONSOR's records, including project and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the PROJECT SPONSOR at least until the expiration of the Retention Period. The PROJECT SPONSOR shall maintain records sufficient to meet the requirements of 24 CFR 574. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROJECT SPONSOR further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records, as may be limited by 24 CFR 574.440 pertaining to the confidentiality of program participants. The PROJECT SPONSOR shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The PROJECT SPONSOR shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement, The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic 9 activities and subject to the audit and record -keeping requirements described in this Agreement 6.2.3 If the CITY or the PROJECT SPONSOR has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The PROJECT SPONSOR shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROJECT SPONSOR shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the PROJECT SPONSOR shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, arid to authorize others to use, the Work Program for public purposes, 6.3.2 if the PROJECT SPONSOR receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROJECT SPONSOR shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROJECT SPONSOR shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the PROJECT SPONSOR which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROJECT SPONSOR. Following such inspection or interviews, the Department will deliver to the PROJECT SPONSOR a report of its findings. The PROJECT SPONSOR will rectify all deficiencies cited by tbe Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting 10 the same. The Department will determine in its sole and absolute discretion whether or not the PROJECT SPONSOR's Justification is acceptable. At the request of the CITY, the PROJECT SPONSOR shall transmit to the CITY written statements of the PROJECT SPONSOR's official policies on specified issues relating to the PROJECT SPONSOR's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff, The PROJECT SPONSOR shall ensure the cooperation of its employees and its Board Members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, sha/I constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the PROJECT SPONSOR is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROJECT" SPONSOR shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department, The SUBRECIPIENT shall repots to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROJECT SPONSOR shall submit to the CITY, on a quarterly basis, a Work Program Status Report. ARTICLE VII OTHER HOPWA PROGRAM REQUIREMENTS 7.1 The PROJECT SPONSOR shall maintain current documentation that its activities arc HOPWA eligible in accordance with i 2.4 CFR Part 574, 7.2 The PROJECT SPONSOR shah ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with HOPWA funds is an activity which provides benefit to low income persons living with HIV/AIDS. 7.3 The PROJECT SPONSOR shall comply with all applicable provisions of24 CFR, Part 574 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The PROJECT SPONSOR shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the ,Department, 7.5 The PROJECT SPONSOR shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment, 7,6 NON-DISCRIMINATION. The PROJECT SPONSOR shall not discriminate en the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the PROJECT SPONSOR agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The PROJECT SPONSOR shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The PROJECT SPONSOR shall abide by the Federal Labor Standards provisions of HUD Form 4010 incorporated herein as part of this Agreement. 7,9 'UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROJECT SPONSOR shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set firth under Subpart D—"Past Federal Award Requirements" and Subpart E,—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. if the PROJECT SPONSOR is cr was created by a religious organization, the PROJECT SPONSOR agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 574. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, HOPWA assistance may not be used for religious activities. The PROJECT SPONSOR shall comply with those requirements and prohibitions when entering into subcontracts. 7.1I REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the PROJECT SPONSOR must transfer to the CITY any unused HOPWA funds at the time of expiration/termination and any accounts receivable attributable to the use of HOPWA funds, Notwithstanding any other provision of this Agreement, if the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the PROJECT SPONSOR, at the sole discretion of the CITY, shall pay to the CITY an amount equal to the current market value of any real property, under the PROJECT SPONSOR's control, acquired or improved in whole or in part with I-IOPWA Funds (including HOPWA Funds provided to the PROJECT SPONSOR in the form of a loan and/or grant), Tess any portion of the value attributable to expenditures of non-HOPWA funds for the acquisition of, or improvement to, the property. The payment is program income to the CITY. 12 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROJECT SPONSOR's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the PROJECT SPONSOR fails to comply with the terms of this Agreement, the CI'I may suspend or terminate this Agreement in accordance with 24 CFR. Part 85.43, as set forth more fully below in Article X of this Agreement. 7,13 SUBCONTRACTS AND ASSIGNMENTS, 7.13. I he PROJECT SPONSOR shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (e) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sale discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROJECT SPONSOR shall incorporate in all consultant subcontracts the following provision: "The PROJECT SPONSOR is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROJECT SPONSOR. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROJECT SPONSOR shall he responsible for monitoring the contractual performance of all subcontracts, 7.13.4 The PROJECT SPONSOR shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement, The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROJECT SPONSOR's Subcontraotor(s). 13 7.13.5 The PROJECT SPONSOR shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be dccmed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7,13.6 The PROJECT SPONSOR and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable, 7.14 USE OF FUNDS FOR LOBBYING PROH1BiTED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROJECT SPONSOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS. The PROJECT SPONSOR certifies that: (a) The PROJECT SPONSOR possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROJECT SPONSOR's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROJECT SPONSOR to act in connection with this Agreement and to provide such information as may be required. (b) The PROJECT SPONSOR shall comply with the I-{atch Act, which limits the political activity of employees. (c) The PROJECT SPONSOR shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROJECT SPONSOR and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the 14 commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iit) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME 2 CFR 200.307 9.1 Program income means gross income received by the PROJECT SPONSOR which has been directly generated from the use of the HOPWA funds. When such income is generated by an activity that is only partially assisted with the HOPWA funds, the income shall be prorated to reflect the percentage of HOPWA funds used. Program income generated by HOPWA funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expirationitermination shall be paid to the CITY. The PROJECT SPONSOR shall submit to the CITY, if applicable, a Program Income Report on a quarterly basis. The Program Income Report shall identify HOPWA activities in which income was derived and how income has been utilized. 9.? REPAYMENTS. Any interest or other return on the investment of the HOPWA fiends shall be remitted to the CITY on a monthly basis. Any HOPWA funds funded to the PROJECT SPONSOR that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at arty time prior to the completion of the services required pursuant to this Agreement 15 without penalty to the CITY. In that event, notice of termination of this Agreement shall he in writing to the PROJECT SPONSOR, who shall he paid for those services performed prior to the date of its receipt to the notice of termination. En no case, however, shall the CFI Y pay the PROJECT SPONSON an amount in excess of the total sure provided by this Agreement. It is hereby understood by and between the CITY and the PROJECT SPONSOR that any payment made in accordance with this Agreement to the PROJECT SPONSOR shall be made only if the PROJECT SPONSOR is not in default under the terms of this Agreement. If the PROJECT SPONSOR is in default, the CITY shall not be obligated and shall not pay to the PROJECT SPONSOR. any sum whatsoever. If the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10, I.1 Temporarily withhold cash Payments pending correction of the deficiency by the PROJECTSPONSOR, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of thecost of the activity tar action not in compliance. 10,1.3 Wholly or partially suspend or terminate the current HOPWA funds awarded to the PROJECT SPONSOR. 10.1.4 Withhold further funds from the PROJECT SPONSOR. 10.1.5 Take all such other remedies that may be legally available. l 0.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause temporarily suspend the PROJECT SPONSOR's operations and authority to obligate funds under this Agreement or withhold payments to the PROJECT SPONSOR pending necessary corrective action by the PROJECT SPONSOR. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the HOPWA funds by the PROJECT SPONSOR; (ii) Failure by the PROJECT SPONSOR to comply with any term or provision of this Agreement; (iii) Failure by the PROJECT SPONSOR to submit any documents required by this Agreement; or (iv) The PROJECT SPONSOR's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROJECT SPONSOR's authority to obligate funds, withhold payments, or both. 16 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROJECT SPONSOR in writing Of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof ofdelivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROJECT SPONSOR. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In theevent that the CITY's funding source reduces the CMTY's entitlement under the IJOPWA Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROJECT SPONSOR pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROJECT SPONSOR is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole er in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROJECT SPONSOR to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROJECT SPONSOR's breach is waived by the Department in writing, the Department may, by written notice to the PROJECT SPONSOR, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, er by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. 17 ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The PROJECT SPONSOR. shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not Iimited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PROJECT SPONSOR and persons employed or utilized by PROJECT SPONSOR in the performance of this Contract. PROJECT SPONSOR shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, stay civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the PROJECT SPONSOR shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The PROJECT SPONSOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROJECT SPONSOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROJECT SPONSOR to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all ciaims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the PROJECT SPONSOR, or persons employed or utilized by PROJECT SPONSOR. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.O6 and/or §725.O8, Florida Statutes, as applicable. The PROJECT SPONSOR shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The PROJECT SPONSOR agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the PROJECT SPONSOR in which the City participated either through review or concurrence of the PROJECT SPONSOR's actions, In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the PROJECT SPONSOR, the City in no way assumes or shares any responsibility or liability of the PROJECT SPONSOR or Sub- PROJECT SPONSOR under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11,3 OWNERSHIP OF DOCUMENTS, All documents developed by the PROJECT SPONSOR under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restric:tionn 18 or limitation on their use if requested by theCITY. The PROJECT SPONSOR agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROJECT SPONSOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROJECT SPONSOR for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROJECT SPONSOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting frorr. the award of this Agreement. 11,5 NON-DELEGAI3ILITY. The obligations undertaken by the PROJECT SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7,13 hereof, and (h) without the CITY's prior written consent which may he granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 1 1.7 CONFLICT OF INTEREST. 11.7.1 The PROJECT SPONSOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOPWA Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROJECT SPONSOR further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall he employed. Any such interest on the part of the PROJECT SPONSOR or its employees must be disclosed in writing to the CITY. 11.7.2 The PROJECT SPONSOR is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-1 1-1) and the State of Florida (Chapter 1 12, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11..7.3 In all other cases, the PROJECT SPONSOR shall comply with the standards contained within 24 CFR 574.625. l9 1 1.8 PROCUREMENT. The PROJECT SPONSOR shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Reguirernents.a' 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROJECT' SPONSOR agrees and understands that the CITY has no obligation to renew this Agreement. I1.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the HOPWA funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as ()fits date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. l 1,11 GENERAL CONDITIONS. 11.1 I. l All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Director Department of Housing & Community Development One Hagler Building 14 NE Is' Avenue, Second Floor Miami, Florida 33 132 PROJECT SPONSOR Spanish American Basic Education & Rehabilitation, inc. (SABER) 3990 W. Flagler Street, Suite #103 Miami, FL 33134 1 1.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11. 1 1.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 20 I I , 11,4 No waiver of breach of any pro ision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be cfnctive unless made in writing. 11.1 I.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word er phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 1.12 INDEPENDENT CONTRACTOR, The PROJECT SPONSOR and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified ernpleyees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 1.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors., and assigns. 11.14 SUBRECIPIENT CERTIFICATION. The PROJECT SPONSOR certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROJECTSPONSOR's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROJECT SPONSOR to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the PROJECT SPONSOR, nor any assignee, successor, heir or personal representative of the PROJECT SPONSOR, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the PROJECT SPONSOR, nor any other person or entity will seek, to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussedby the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreementhas in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 21 11.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the PROJECT SPONSOR Agreement, the CITY shall require the PROJECT SPONSOR to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to; • A final performance or progress report. • Afinancial status report (including all program income). 111 A final request for payment. • A final inventory of property in the PROJECT SPONSOR's possession that was acquired or improved with HOP WA funds. l 1.17 ANTI -HUMAN TRAFFICKING. The PROJECT SPONSOR confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The PROJECT SPONSOR shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "H°'. If the PROJECT SPONSOR fails to comply with the terms of this Section, the CITY may suspend or terrninate this Agreement immediately, without prior notice, and in no event shall the CITY be liable to PROJECT SPONSOR for any additional compensation or for any consequential or incidental damages. 1 l . 1 8 COUNTERPARTS AND ELECTRONIC SIGNATURES, This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to he an original, and such counterparts shall together constitute but one and the same Agreement The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request: (Signatures on following page) 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument tc be executed by their respective officials thereurtto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: Name::Josef na Bonet Title: Executive Director PROJECT SPONSOR Spanish American Basic Education & Rehabilitation, Inc. (SABER) 3990 Flagler Street, Suite #103 Date: 9/10/2024 CITY OF MEAMI, a municipal Corporation of the State of Florida —DocuSigned by: (641RUW 14144451 `-850CF6C372DD42A... Arthur Noriega V. City Manager Miami, FL 33134 9/1012024 a Florida not -for -profit corporation ATTEST: Na :Silvio Picado Date: 9110/2024 Title: Accountant II Corporate Seal: ATTEST. ,-DocuSigned by: October 25, 2024 i 09 :1 E46D7560DCF1459... Signed by: October 25, 2024 i 11:55:51 EC Date: Todd B, Hannon City Clerk APPROVED AS TO INSURANCE REQUIREMENTS ,—DocuSigned by: 614.e-j,o `=553496495F254140...- Ann-Marie Sharpe Risk Management October 16, 2024 Date: Date APPROVED AS TO FORM AND CORRECTNESS: ,—DocuSigned by: 4e ESb1V.1 itt \-7-74E9FE88248B... Georg L K. Wysong III City Attorney RP #24-2586 pate: October 21, 2024 i 11:14:10 23 SABER "Gateway To The Stars" CORPORATE RESOLUTION RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CITY OF MIAMI/HOUSING OOPORTUNITIES FOR PERSONS WITH AIDS (" HOPWA ") and SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC. (SABER) Whereas, this Board of Directors of SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC. ( SABER) desires to accomplish the objective as outlined in its scope of services with City of Miami/Housing Opportunities for Persons with AIDS (" HOPWA"). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC. (SABER) that it approves one (1) contract with the City of Miami / Housing Opportunities for Persons with AIDS (` HOPWA") of the maximum amount of 215,782.00 Dollars for provision of Long Term Tenant Based Rental Assistance Program (LTRA) for the Fiscal Year from October 1,2024 through September 30, 2025 and authorizes Josefina B. Habif, Executive Director, to execute same for and on behalf of SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC. ( SABER). Upon a properly made and seconded Motion on September,10, 2024 this resolution was duly passed and adopted. ATTEST A Florida Not — for Profit Corporation Chainman of the Board aul Rodri Co •orate Secretary 3990 W. pagler St. suite 103 Miami, �� 33134 TeL (305) 443-9170 Pax: (305) /1443-84141 -mai�: saber@sabercollege.edu City of Miami Resolution R-24-O257 Legislation City H811 3500 Pan American Drive Miami, EL 33133 wrthw.miamigov.num File Number: 16086 Final Action Date: 7//112024 A RESOLUTION OF THE MIAIVII CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS IN THE AMOUNT OF $14,272,865.00 FOR FISCAL YEAR {"FY") 2024-2025, AND AN ADDITIONAL AMOUNT OF $2,000,000.00 UNSPENT FUNDS FROM PREVIOUS YEARS, FOR A TOTAL AMOUNT OF $1+6,272,865.00, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT 'A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW- INCOME INDIVIDUALS LIVING WTH HIV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR SAID PURPOSE, WHEREAS, the Housing Opportunities For Persons With Aids ("HOPWA"j Program was created under the AIDS Housing Opportunity Act and revised under the Housing and Community Development Act of 1992; and WHEREAS, since 1994 the City of Miami ("City") has received HCPWA Program funds torn the United States Department of Housing and Urban Development (" HUD") and has been responsible for the implementation of programs designed to provide housing and related services to individuals living with HIV/AIDS in the City and throughout Miami -Dade County; and WHEREAS, pursuant to Resolution No, R-24-0250, adopted July 11, 2024, the Miami City Commission accepted grant funds from HUD in the total amount of $22.821,553.00 far Fiscal Year ("FY") 2024-2025, which included an amount of $14,272,865,00 for the HOPWA program; and WHEREASr the City's Administration recommends the allocation of HOPWA program funds, in the amount of $14,272,865.00, for FY 2024-2025, and an additional amount of $2,000,000,00 unspent funds from previous years, for a total amount of $18,272,865,00, as more particularly specified in Exhibit "A," attached and incorporated, to provide housing assistance and housing related services to law -income individuals living with HIV/AIDS; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF NMIAMI, FLORID& Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Oil r Page 7 of 2 File ID: 16088 (Revision: Al Printed On: 8126/2O24 File its: 16088 Enactment Number: R•24.0257 Section 2, The allocation of HOPWA funds in the amount of $14,272,86 s.00 for FY 2024-2625, and an additional amount cif $2,000,000.00 unspent funds from previous years, for a total amount of /6,272,865.00, as more particularly specified in Exhibit "A," attached and incorporated, to provide housing assistance and housing related services to low-income irdividuars living with HIV/AIDS, is authorized.' Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, for said purpose, Section 4_ This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions, City of Miami Page 2 of 2 File ID: 16088 (Revision: A) Printed on: U 26/2O24 Exhibit "A" City of Miami Department of Housing and Community Development Allocation of HOPWA Funds FY2024 Program/Agency $ HOPWA Recommendation FY2024 HOPWA 2024 Entitlement Al location: 14,272,865.00 HDPWA Previous Years Available Funding: $ 2,000,000.00 Total HOPWA Available to Allocate. $ 15,272,865.00 I. Program Administration City of Miami - Department of Housing and Community Development $ 403,185.00 a. Technical Assistance Apple Tree Perspectives, Inc. $ 25,000.00 Subtotal! $ 428,185,00 II. Project Based Operating Support - Latin Mission Ministries, Inc. (12 units) $ S 54,72.0.00 Carrfour Supportive Housing, Inc. (8 units) 30,4-80.00 Carrfour Supportive Housing, Inc- (6 units) ti 27,360.00 Subtotal; $ 118,560.00 Ill. (a.) Tenant Based Rental Assistance Program (TBRA] - Housing Specialist Services, More -In/ Compliance/ Walk -Through/ Exit & HO5 Inspections Center of Information and Orientation, Inc. $ 470,020,00 Care Resource Ccmn1unity Health Centers. Inc. $ 230,437.00 Empower "U', Inc. $ 470,020.00 Sunshine for All, Inc. $ 470,020.00 iSpanish American Basic Education and Rehabilitation, Inc. $ 215.782.0)' Subtotal. $ 1,856,579.00 IV. (a) Tenant Based Rental Assistance Program ITBRA) - Rental Payments City of Miami - Department of Housing and Con munIty Development (Payments) $ 13,149,541.00 Subtotal: $ 13,149,541.00 VI.Short Terrn Rent Mortgage & Utility Assistance (STRMU) AND Permanent Rousing Placement (PHP) Program City of Mlaml- Department of Housing and Community Development (STRMU & PHP Payments) $ 568,120.00 Care Resource Community Health Centers, Inc. (STRMLI and PFtP Processing Services) $ 131,880.00' Subtotal: $ 700,000.00 VI. Resource Identification - Clty of Miami - Department of Housing and CoromunIty Development $ 20,000,00 Subtotal: $ 20,000.00 Total HOPWA Allocation: $ 16,272,865.00 EXHIBIT B WORK PROGRAM HOUSING SPECIALIST AND INSPECTION SERVICES FOR THE TENANT BASED RENTAL ASSISTANCE PROGRAM The responsibilities described herein are more specifically described in, and governed by, the City of Miami Housing Opportunities for Persons with AIDS ("HOPWA') Policies and Procedures Manual and HOPWA Program Directives (incorporated herein by reference and jointly referred to herein as the HOPWA Policies and Procedures Manual). I. Housing Specialist Services: • The PROJECT SPONSOR will provide Housing Specialist Services and Inspection Services in support of the HOPWA Tenant Based Rental Assistance ("TBRA") Program to up to 107 TBRA clients assigned by the City of Miami Department of Housing & Community Development. Said services shall be performed in strict accordance with policies and procedures set forth in the HOPWA Policies and Procedures Manual and shall include, but not be limited to, the following: • Certify applicants for participation in the HOPWA tenant -based rental assistance program. Certification includes making income verifications and eligibility determinations and computing utility allowances, tenant rent and housing assistance. • Conduct annual, special and move re -certifications for assigned clients within the timeframes specified in the HOPWA Policies and Procedures Manual. • Explain program rules and expectations, client's obligations and rights under the program, including grievance process. • Assist clients in identifying suitable housing and negotiating rental agreements, including review of tenant -landlord leases for compliance with federal, state and local laws, and verification of property ownership. • Once units are selected, be available to meet with owners to review program paperwork and secure owner's written agreement to participate in program. • Prepare and submit initial, annual and special re -certification packages to the City in the form and within the timeframes specified in the HOPWA Policies and Procedures Manual. • Submit Financial Action Requests to make adjustments to program assistance payments, institute abatements or hold payments, terminate assistance and/or make changes to landlord information within the timeframes specified in the HOPWA Policies and Procedures Manual. + Submit an annual report to the City on program activity in a form established by U.S. HUD and perform any other reporting activity requested by the City. • Maintain current client case notes (typed only). • Assist tenants and landlords in resolution of housing -related issues as appropriate and serve as a liaison between the landlord and the City of Miami HOPWA Program. • Act as liaison between client and case manager to ensure client's continued housing stability and access to necessary services. • Conduct initial housing stability assessment and assist the client in developing housing stability plan based on assessment and Ryan White (or other social service provider) case management playa. • Make monthly contae;t with client to ensure client occupancy in assisted unit and client's housing stability. • Make quarterly home visit to (1) monitor client's housing stability and condition of housing unit and (2) assist the client in reviewing and updating his or her housing plan. • Coordinate service referrals with the clients' Ryan White and/or PAC Waiver Case Manager. • Perform exit inspections to ensure that deposits are returned when clients move out. • Explain and interpret federal and local HOPWA regulations and rules to interested landlords, realtors and property owners, Investigate alleged incidents of program rule violation(s) and/or abuse by client or landlord. • Prepare chronology and supporting documentation, andpresent case in the form of written recommendations for, and grievance hearings to review, continuation or termination of participation in the program in event of program rule violations by either client or landlord. II. Inspection Services • The PROJECT SPONSOR wall schedule and complete Annual, Move -In and Complaint [-lousing Quality Standards ("HQS") inspections of units either selected for occupancy or currently being occupied by TBRA. clients who are assigned to the PROJECT SPONSOR. Said HQS inspection services shall be performed in strict accordance with policies and procedures set forth in the HOPWA Policies and Procedures Manual. • All inspections will be performed by individuals who have received the required certification to satisfy the United States Housing and Urban Development ("U.S, HUD") HQS requirements. PROJECT SPONSOR will submit copies of these Certifications with the contract documents. • PROJECT SPONSOR shall transmit (by mail, facsimile or e-mail) results of inspections to the City, the landlord and the tenant and any other party specified in the HOPWA Policies and Procedures Manual in accordance within the tirueframes set forth in the Manual. III. Meetings and Trainings • Participate in any performance oversight activities organized by the City; • Attend City of Miami monthly Z-IDPWA Program meetings and monthly meetings of the Miami -Dade County Housing Committee; • Participate in mandatory trainings conducted or required by the City; and r All program personnel, whose salaries are paid in whole or in part with HOPWA funds, must complete an HIV/A(IDS educatiort course and be recertified every two years by a Florida Department of Health -approved HIVIAIDS training provider within; sixty (60) days of commencement of the contract period or their hire thereafter. Such .staff includes management and administrative staff. CLIENT ASSIGNMENT: PROJECT SPONSOR acknowledges that as clients move to different assisted units, PROJECT SPONSOR will cooperate with the City of Miami in transferring the client files to the City for assignment to another PROJECT SPONSOR servicing the clients' new area. ENVIRONMENTAL CLEARANCE PROJECT SPONSOR shall not commitor spend any grant funds until the City has advised PROJECT SPONSOR that the proposed work program has received environmental clearance to proceed. Authorized Representative Signature: Print Name: Josefina Bonet Title: Executive Director 911 C/2024 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this to .__day of seaten1ber 20 24 by Jvseflna Bonet of Saber Ina a Florida Not For Profit Corporation, on behalf of the corporation, I known to me or has produced MARIA CRISTNA PALACIa5 )i ryt' Srl j ISSit}i # 91H 473805 EXP 15,2028 Signature of Notary EXHIBIT C COMPENSATION AND BUDGET SUMMARY HOUSING SPECIALIST AND INSPECTION SERVICES FOR THE TENANT BASED RENTAL ASSISTANCE PROGRAM A. The maximum compensation under this Agreement shall be $215,782.00. B. PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this contract. C, All payments shall be for services provided only during; the terra of this Agreement and in compliance with the previously approved Work Program (EXI I II3 [T B) and Program Budget. Each written request for payment shall contain a statement declaring and affirming that services were provided accurately and for certified program participants and in accordance with the approved Scope of Work and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. D. PROJECT SPONSOR understands that not more the seven (7%) percent of the administrative expenses ca.n be charged to this program. E. At the time the request is made, all invoices are required to be paid by the PROJECT SPONSOR. All reimbursements must be in lire -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy ofa check or other form of payment which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the PROJECT SPONSOR for which reirnhursement was requested shall he submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. F. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the CITY shall have the right to review and audit the related records of the PROJECT SPONSOR pertaining to any payments by the CITY. G. The PROJECT SPONSOR must submit the request for final payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the Department, If the PROJECT SPONSOR fails to comply with this requirement, the PROJECT SPONSOR shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the PROJECT SPONSOR as a part of this Agreement and any modifications thereto. Authorized Representative Signature: W110J2024 Cate Title: Executive I7 i re ctor STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or o online notarization, this 10 day of September 20 24 by Josefna Banat of Saber Inc _ a Florida Not For Profit Corporation, on behalf of the cnrporation a she s p ire ire a nawu has produced as identi •; MARIACRISTIN.APALACIp5 *: MY COMMISSIOFJ # HI•I473855 EXPIRES; April 15, 2028 Signature of Exhibit 9 SABER. INC. • ITE''IIZED BUDGET 1 on SALARY COST Si -weekly # of pay Total % allocated $ allocated Salary periods Salary to this to this program program Administrative Cost % $ Direct Cast % program $ Marty S. Howell (Sr. Noosing Speclahst{Superysor) 10101134 to 09/30125 210715 ' 26,10 65 001.00 ' 100.00% 55000 00 100.00% 5500900 fCatia M. Sierra (Accountant Geri) 101013i71251124 c 1,SA0.00 26.10 48,024.00 50.450% 24012,00 100.00%-124012.00 24012.00 Maria V. Rodriguez (Housing Specialist) 10101124 to 09/30/25 1540.00 26.10 Ott 194.00 20. cm 3039.00 100.00% 8039.00' 32155,00 Jonathan M. Field (Housing Specialist/Aldo) 10101124ta 09I30125 1,600.00 26.10 41,7fi0.00 60,60% 25056.00 100.00% 25056.00 16704.00 Jonathan Howell (IdOS lust}e�ctor/Housing/SpeciallatfAssessmenf 10/01/24 to1,724.14 09i30f.25 26.10 45,000,00 100.00% 45090.00 100.00% 45000.00 Total Salary 229,979,00 68.31% 157107.00 15.28% 24012.90 84.72% 133095,00 72871,00 LINE ITEM C 0ST Description Justification Total Cost etlocated to this program $ allocated to this program Admrirristrativa Cost $ Direct Cost % Program $ Other Staff Mica (1.45%) 3335.00 68.31% 2278.00 15.28% 348.00 84.72% 1930.00 1057.00 Staff Rod (6.20% ) - 14258.00 68.31% 9740.00 15.28% 1488.00 64.72% 3252.05 4518.00 Staff Wcrkman's Compensation (2.00%) of Vital Salaries 4600.05 68.33% 3143.00 15,30% 481.00 84.70% 2662,00 1457.00 Staff Peemplayfaent Compensation (SRE7) (Attached) 945.00 90,05% 851,00 22.21% 189.00 77.79% 662.00 94.00 Staff Group Insurance (Attached) 9480.00 92.32% 9752.00 17.73% 1552.00 62.2796 7200.00 728 00 StaffRetrremerit Plan (0.06%) of Total Salaries 13799.00 b6.369 S157.00 14.42%6 1320.00 85.5896 7837.00 464200 Liability insurance (Directors) 4870,00 100.00% 4870.00 100.00% 4870.00 Telephone Expenses 210a.00 100,00%6 2100.00 100.0096 2100.00 Oft -ice Svpplfes 3012.09 100.00% 3912.00 100.t1016 30f2.00 Space Rental 6840.00 100.00% 6640,00' 100.00% 6840.00 Payroll Expenses 945.00 100.00% 945.00 100.06% 945.00 Local Travel 5487.00 100.00% 548'7.00 100.06% 5487.00 Inspection Supplies 1600.00 100.00% 1500.00 100.00% 1500.00 TOT4LAMOUNT 301149.01 215782.00 13.62% 29390.02 86.38% 188392.00 85367,00 TOTAL PROPOSAL PROPOSAL BALANCE 215� 78Z00 (0,00) RUDEIFAN 1 BUDGET FORM CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT (NON -HOUSING PROPOSALS) BUDGET NARRATIVE BY LINE- ITEM AGENCY: SABER, INC. FISCAL YEAR: llOd©1124 t4 09130125 FUNDING SOURCE: HOPWA - I e ITEM _ AMOUNT STAFF SALARIES 1 - - 157107.00 s - SceBudget Form II STAFF MICA _ 2278.00 1 45°Y of Total Salaries STAFF FICA -- 974000 6,204 of Total Salaries WOI; MANS COMPENSATION 3143.00 12.00% of Total Salaries STAFF REEMPLOYMENT INSURANCE 851,00 0.42T% of 7000.0C*4 STAFF HEALTH INSURANCE 8752.00 See Attached Schedule RETIREMENT PLO- STAFF 9157.00 0.06% of Total Salaries i TELEPHONE 2100.00 Estimating program related Telephone LOCAL TRAVEL 5487.00 Estmatng pro ram related travel SPACE RENTAL J 6840.00 Hialeah Office estimated (12 months) Cost INSPECTION SUPPLIES 1500.00 P PAYROLL EXPENSES 945.00 Estimatin rogram payroll expenses OFFICE SULLIES EXPENSES 3012.00 Estimatt] Cost OffFce supp lies expenses - LIABILITY INSURANCE 1 4870.00 Estimating Cost of Premium Liability Insurance TOTALS 215782.00 are OF MIA.MI CEPARTMENT OF commuMTY DEVELOPMENT STAFF SALARY FORECAST BUDGET FORM II AGENCY: SABER, INC. PERIOD COVERING: Employee Name Position Title M. S. HOWELL J. HOWELL ,JONATHAN M PISFIL Housing ecial ist1Su pervi sor H QS1ln s pact orf hou s i ngi SpedalisllAssesment Social Security xxx-xx- 0883 xxx-xx- 7646 Ethnicity of Empl oyee FT FT Period BW BW ed Pay Period 26.10 26.10 10/01'24 to 09130/25 Annual Salary of Amount Gross Per Pay Salary Charged to Salary Period Charged City Program Program 55000.00 45000.00 2107.31 1724.14 100.0(1% 55000.00 100.00% 45000.00 (Housing SpecialistVAide) xxx-xx- 0988 xxx-xx- NI. V. RODRIGUEZ Housing Specialist 1712 xxx-xx. K. M. SIERRA Accountant Clerk 1228-7 H H PT PT PT BW B EIW 26.10 26.10 26.10 41760.00 40194.00 48024.00 1600.00 1540.00 1840.00 60.00% 20.00% 50.00% 25056,00 8039.00 24012.00 ittoorr FORM n 1OF1 BUDGET FORM IN COST ALLOCATION PLAN CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT (NON -HOUSING DEVELOPMENT ONLY) AGENCY: SABER, INC.- Period Being Cost Allocated: 10/01/ to o f3ofag I City Housing % Of Miami 5choa1 Other Funding X $ TOTAL Line -Item Description $ % 1 $ 2 $ $ 1a1 STAFF SALARIES - CLASSIFIED 68,3i% 1[57r107.00 3t,6 % 72,877.00 7o0% 100% 229,978,00 3,335.00 zoo STAFF MICA 68,3r% 2,278.00 31.60 .1,057.00 201 STAFF FICA 68.3T% 9,740.00 31.69% 4,518.00 t00% 14,258.a0 202 STAFF WORKERS COMPENSATION 68.33% 3,143.00 31.67% 1,457.00 _ 1140% 4,600.00 2 203 204 STATE REEMPLOYMENT TAX STAFF GROUP INSURANCE. 90.05% 92.32% 851.a0 8,752.00 9.90 7.68% 94.0D 728.00 100% 700% 945.00 9,480.00 206 STAFF RETIREMENT PLAN 66.36% 9,157.00 33.64% 4,642.00 t00% r3,7}�J.OU LIABILITY' INSURANCE PREMIUM Ioo.00% 4;87c.ao 0.00% 0.0D r00% 4,870,00 PAYROLL EXPENSES foo.0o% 945.00 0.0a% 0.0o _ roc% 945.00 TELEPHONE EXPENSES 100,00% 2,700.00 0.00% 0,00 roc% 2,100.0E 460 SPACE RENTAL Yoo.00% 6,840.co 0.aa% 0.aa r40% 6,84o.ao 5i0 LOCAL TRAVEL toc.o o% 5,487•o0 0.00% 0.00 _ r40% 5,487.00 OFFICE SUPPLIES - IOa.0o% 3 012.a0 o.oc% 0.00 Z00% 3,0f2,00 INSPECTION SUPPLIES too.00% 1,5oc.co 0.00% 0,00 _ WC% 1,500,00 TOTAL 275,782.ao 85,367.00 - - 3a1,149.0o • STAFF GROUP INSURANCE SABER, INC. CITY OF MIAMI Program Period 10/01/24 to 09/30l25 POSITION P.P. MONTHLY PREMIUM QUARTER TOTAL MA1?LYS. ROWELL ('SEN10R HOUSING SPECIALIST) OctvberDecember 2024 3.00 395.64 January -March 2025 3.00 395.64 A,pri1-June 2U25 Ja1y-September 2025 SUB TOTAL 3.00 395.64 3.00 395.64 I CPW4 INSURANCE 1187 100.00% 1987 0,0096 1187 100.00% 1167 0.00% PRIVATE TOTALS F1J1110 S 0 0 1187 1187 100% 100% 1187 100.00% 1107 0.009E 1187 104-00 1167 0.00% 4748 M7Z4 M. SIERRA (ACCOUNTANT CLERK) October -December 2024 3.00 129, 32 January -March 2025 3.00 129.32 AoraJune 2025 July -September 2025 _ SUR TOTAL 3.00 129.32 3.00 129.32 4748 0 1167 0 1187 100% 0 4748 388 100.09% 388 0.00% 388 100.0031 388 0.00% 388 100.00% : 388 0.00% 388 10000% 388 0.00% ArARJA Y. RODRIGUEZ (HOUSING SPECIALIST) 1552 , 1552 October-December2024 3,00 121.70 365 January -March 2025 3.00 121.70 365 April -June 2025 3.00 121.74 July-Septem bet- 2025 3,00 121.70 SUB TOTAL 365 365 1460 100% 388 100% 0 0 0 388 100% 388 100% 388 100% 1552 50.00% 183 1.00% 182 365 100% 50.00% 183 0.00% 182 365 100% 50.00% 183 0.00% 182 365 100% 50.0096 MIs 0.009 182 365 100% JONATHAN HOWELL f INSPECTOR}HQUSING SPECIALSPASSESMEN1j October December 2024 3.00 143.28 430 100.00% January -March 2025 3.00 143.78 43,0 100.55% Ayrit-June 2025 July -September 2025 SUB TOTAL 100 143.28 3.00 143.26 TOTAL GROUP INSURANCE 430 10003°% 430 100.00% 1720 9480 732 L 726 I 1460 430 0.0093 0 430 430 0.000 0 430 430 11.0,0% 0 430 430 000% 0 430 1720 1009E 100% 100l% 100% 0 1720 8752 728 9480 SABER, INC: STATE REEMPLOYMENT TAX CITY OF MIAMI (HOFWA) Program Period 10/01/24to 0920125 STAFF NAME PP TOTAL SALARIES Taxable Amount Tax Rate Rodriguez, Maria'V. (Housing Specialist) 10/01124 to 12131024 6.50 2002.00 01101125 to 03/31125 6,50 200200 Total Tar 95 Allocaficn CITY OF ML4MI 16119 OTHER TOTAL 7000.00 Z70% _ 04101/23 to 05130125 6.50 2002.00 07101125 to 09/30125 6.60 2033,00 Ksfili, Jonathan M, (Housing Speclailsflllitle) 1 111124 to 12/31/24 6.50 6240.00 189.00 94.50 9459 189.00 01/01125 to 03131/25 6.50 6240.00 7000.06 270% 04101125 to 05/30 25 6,50 6240.00 189.00 100% 189.00 0.00 189.00 07/01125 to 03130125 6.80 6336,00 Howell, Marry S. (Hc&lsrng SpecialistSt1perv1s@rj 10/01124 to 12/31/24 6.50 13698,00 01/01125 to 03131125 6.50 13698.00 04/011125 to 0613 0125 16.5 0 13 69 E 00 70001.00 270?6 189.00 199.00 0.00 189.00 07101175 to 09130125 ' 6.50 13907.00 Nowell Jonathan (HQS0Housing Speciattstrinspector/Assesmen j 10/01124 to 12131124 6.50 11207,00 01101125 to 03l31173 i 6.50 11207.00 04101125 to 06130125 6.50 11207.00 07101125 to 09130125 I 6.60 11880.00 7000.00 2.70% 18900 100% 169.00 (Sierra, JOatia M. (Accountant Clerk /0101124 to 12131124 6.50 5980.00 0,00 189.00 01/91125 to 03/31125 6.50 5980.50 04101125 to 06130125 6.50 5980.00 07101125 to 09/30125 6.60 6072.00 7000,00 270% TOTAL: 1 157109.00 189.00 945.00 189.00 0.00 189.00 85150 94.50 L 94500 EHIBrr D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative .Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, `:Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, arid contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $ 100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into. this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to fife the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Representative Signature: Print Nara"` ose elt^et— `I itle: Executive Director 9/1 O?2024 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 0 physical presence online notarization, Josefine Bonet of Saber Inc this 10 day of Seplember or ❑ 20 24 by a corporation, on behalf of the corporation. e/she is personally known to has produced, (( as identi RAUCIOS 1,'Oebbro1If c # HH 473805 EXPIRES: AprI t5, 242E Serrature of Notary EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSIOON & OTHER RESPOONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS Subrecipierit certifies to the hest of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, atternpting, to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transactions violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.'b of this certification; and d. Have not within a three-year period preceding this application/proposal had onc or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of -the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Authorized Representative Signature: Print Nm fe: -103efna Title: Executive Director 9t1{N2C24 Date STATE OF FLORIDA COUNTY OF MLAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or Cl online notarization, this 14 day of September 2024 by of Saber Inc a corporation, on behalf of the corporation, H she is personally known to as identification. Josefina Bonet r has produced MARIA CRISTINA PALACIO t (li a MMISSION # HH 473805 :. PIRES:April 15, 21:I28 Sig -cure of Notar EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE of A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATI-IS. 1. This sworn statement is submitted to The City a1 Miami by Josefina Bonet Executive Director (Print this individual's name and title) for Spanish American Basic Education & Rehabiritatien, Inc. saber Inc (Print name of entity submitting statements) whose business address is 399O W. Flagler St, suite #103 tuliami, FI, 33134 and if applicable is Federal Employer Identification Number (FEIN) is 5B-11268 4 If the entity has iio FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to he provided to arty public entity or any agency or political subdivision of any other state or of the united States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "convection" as defined in Paragraph 287,133(I)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non]try trial, or entry of a plea of guilty or nolo contendere_ 4. I understand that an "affiliate" as defined in paragraph 287.133(I)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders. employees, members, and agents who are active in the management of an affiliate, The ownership by one person of shares constituting a controlling interest in another person, er a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shalt be considered an affiliate. 5, I understand that a -person" as defined in Paragraph 287.I33(i)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a publicentity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which f have marked below is true in a relation to the entity submitting this sworn statement. 'Please indicate with an "X" which statement applies. Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. _ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management ofthc entity, or agents who are active in the management of the entity, or an affiliate ofthe entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in, the public interest to place the entity submittin# this sworn statement on the convicted vendor fist. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR TFIE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY FRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative Signature: 9110/2024 Date Title, Executive Director STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of dJ physical presence or El online notarization, this 10 day of September Jase&ina Bonet a rrrhas produced of Saber Inc 20 24 by corporation, on behalf of the corporation. tqlipt.alTI,MORISTINAPALACIOS *• ;a 1. MY COMM I55!ON # HH 4735015 ' EXPIRES. April 152028 she is personally known to as identification. ture of Notary EXHIBIT G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & COMMUNITY DEVELOPMENT Commercial (general Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 Oeneial Aggregate Limit $600,000 Products/Completed Operations $300,000 Personal and Advertising Injury $300,000 B. Endorsements Required City of Miami included listed as additional insured (endorsement Required) Explosion, Collapse, & Underground Hazard Of Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability Example. "The City of Miami is named additional insured on the general liability. Can a primary and nor -contributory basis. All policy and conditions apply." 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured Example. "The City of Miami is named additional insured on the automobile liabaliiy. Note. If agency does not own any vehicles please submit this stamen on the agency's dated letterhead and signed by the authorized representative, 111, Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $ 100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (1f Applicable) Each Claim $250,000 Policy Aggregate $250,000 V. Certificate Holder information should be listed as the following: City of Miami 444 SW 2nd Avenue Miami, FL 33130 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVER IGE AS MAY RE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SER VICES WOR K PROGRAM" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The eornpany must be rated no less than "A-" 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. All policies and for certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. A� cRI®� CERTIFICATE OF LIABILITY INSURANCE 10/7`/2024 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION I5 WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ANDYS ASSURANCE AGENCIES 1500 NW 89th Ct Suite 109 Doral, FL 33172 CONTACT NAME: ONE (A/CNo,Ext): (305) 642-8407 FAX 643-5969 E-MAIL ADDRESS:carlOs@andysassurance.com INSURERIS) AFFORDING COVERAGE NAIL# INSURER A : TRAVELERS INSURED SPANISH AMERICAN BASIC EDUCATION & REHABILITATION, INC 3990 W . FLAGLER ST . MIAMI , FL . 33134 INSURER B : HISCOX INSURER c : ASCENDANT COMMERCIAL INSURER D : INSURER E : INSURER F : REVISION NUMBER: ,,,IV ,V I V V,1%IIII uir,, MC rULI Jco ur IINOUIVAPP.,t LISItU BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSR SUER MID POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 , 000 , 000 CLAIMS -MADE X I OCCUR DAMAGE I O HEN6U PREMISES (Ea occurrence) $ 50,000 MEDEXP ME05244311.24 10/05/2024 10/05/2025 (Any one person) $ 5,000 B R PERSONAL&ADVINJURY 1, 000 000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ , $ 3,000,000 X POLICY I jE I LOC PRODUCTS - COMP/OP AGG $ 1, 0 0 0, 0 0 0 X X OTHER: PROF . LIAB $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 500,000 ANYAUTO OWNED SCHEDULED BODILY INJURY (Per person) $ :8 HIRED AUTOS ONLY UTS NON -OWNED X ME05244311.24 10/05/2024 10/05/2025 BODILY INJURY (Per accident) $ X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE DED RETENT ON $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X STATUTE _ ERH C ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N/A E.L. EACH ACCIDENT $ 100 , OOO (Mandatory in NH) If yes, describe under WC-79878-0 01/28/2024 ol/28/2025 E.L. DISEASE - EA EMPLOYEE $ 100,000 i D DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 A CRIME 107068779 03/28/2024 03/28/2025 $500,000 :SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ``.HE CITY OF MIAMI IS NAMED ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY ON A PRIMARY AND NON-CONTRIBUTORY BASIS CANCELLATION CITY OF MIAMI 444 SW 2A AVENUE MIAMI,FL. 33130 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE rA CELLED BEFORE THE EXPIRATION DATE THEREOF, t�VOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRO IONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD COR The ACORD name and logo are registered marks of ACORD FAA TION. All rights reserved. EXHIBIT H ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, ``nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, arty amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287,13S(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes (2024). 2. Under penalties of perjury, pursuant to Section 92.525, Florida Statutes, I declare the following: a. 1 have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts, statements and representations provided in Section 1 are true and correct. b. lam an officer, a representative, or individual of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity/Individual: Spanish American Basic Education and Rehab, Name: Josefina Bonet Signature: Office Address: Title.. Executive Director 3g90 West Flagier st, suite 103, Miami, FL 33134 Type text here Email Address: Josebh@sabertollege.edu Main Phone Number: 3115-443-9170 Olivera, Rosemary From: Galo, Monica Sent: Friday, October 25, 2024 12:52 PM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: Executed Agreement - SABER - HOPWA Attachments: SABER TBRA HOPWA $215782 agreement.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Monica Galo 1