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25223
AGREEMENT INFORMATION AGREEMENT NUMBER 25223 NAME/TYPE OF AGREEMENT CENTER OF INFORMATION & ORIENTATION, INC. DESCRIPTION HOPWA AGREEMENT/TENANT BASED RENTAL ASSISTANCE PROGRAM/FILE I D : 16088/R-24-0257/MATTER I D : 24-2621 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: Center of Information & Orientation, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ $470,020.00 FUNDING INVOLVED? 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): ❑ YES El YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT El NO ❑ NO Contract in the amount of $470,020.00 in HOPWA (TBRA) funding to Center of Information & Orientation, Inc. 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: N/A ENACTMENT No.: R-24-0257 ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTO®ctober 16, 2024 I 11:31:23 EDT PRINT: VICTOR SIGNATURE: 'RIMIER OCJ, SUBMITTED TO RISK MANAGEM5 ober 16, 2024 I 11:36:07 EDT PRINT: ANNP SIRRGNNNATUEEREE:�,3g� PIT; Sq14/b... SUBMITTED TO CITY ATTORNEY October 21, 2024 11:11: 57 EDT RPP#Z4T=6Z1 SIGNATURE: E� Z signed by: I''i r� 4 0ISbl4 (II APPROVAL BY ASSISTANT CITY MANAGER/Cm tober 24, 2024 I 11: 51: 55 EDT PRINT: LAR SIGNATURE W'd 9FE88248B... �p� lr I 0 ,ID2a,,2B74CVI... RECEIVED BY CITY MANAGER October 25, 2024 I 09: 55: 34 EDT PRINT: ART SIGNATUR •'. ugene`' ty: 0.1 (rtL a„ �"" RECEIVED BY DEPUTY CITY MANAGER October 24, 2024 I 14:58:00 EDT PRINT: NATe . 1 F. _....y. iOK-WILLIAMS SIGNATUR : 1) ONE ORIGINAL TO CITY CLERK, October 25, 2024 1 11:53:57 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT EDT PRINT: TO' SIGNATURE;.—Docusigned '.a '" AtedWA41B... by: PRINT: SIGNATURE'E46D7560D PRINT: SIGNATURE: 145s... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 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 Florida (hereinafter the CITY), & Center of Information & Orientation, Inc. a Florida not for profit corporation (hereinafter referred to as the PROJECT SPONSOR). FUNDING SOURCE: Housing Opportunities for Persons with AIDS (HOPWA) CFDA# (If applicable): AMOUNT: TERM OF AGREEMENT: PROJECT NUMBER: UEI® NUMBER: AGENCY'S ADDRESS: HOPWA - 14.241 $ 470,020.00 Effective date of this agreement is October 1, 2024 to September 30, 2025 WSTMUAHDR3D9 181 NE 82nd Street Miami, FL, 33138 1 WITNES SETH 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 Eligible Metropolitan Statistical Area (EMSA) be the applicant for the HOPWA Program funds allocation for the EMSA; and WHEREAS, in Miami -Dade County, the City of Miami is the most populous City, and thereby, the designated applicant for HOPWA Program funds for this EMSA; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROJECT SPONSOR for the provision of HOPWA assistance to very low-income persons living with HIV/AIDS; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the 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 required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Department of 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 of a low- or moderate -income household whose Income Person: income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REOUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Work Program submitted by the PROJECT SPONSOR to the CITY which shall become attached hereto as Exhibit "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. 2.1.2 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 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 Form 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. 2.11 Acceptance of federal requirements applicable to the HOPWA 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 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 4 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is October 1, 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 of 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 and/or the Work Program: • The addition of any positions not specifically listed in the approved Itemized Budget. ▪ The modification or addition of any job descriptions. • The purchase of any non -expendable personal property. ▪ The disposition of any real 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 disposal 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 term hereof, the PROJECT SPONSOR shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROJECT SPONSOR shall furnish to the CITY original certificates of insurance indicating that the PROJECT SPONSOR is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the PROJECT SPONSOR at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROJECT SPONSOR agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoke 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 recapture funds in the event that the PROJECT SPONSOR shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for HOPWA Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. 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 200.511 "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 statement(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 $750,000 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 costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. 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(b) 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 local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of 24 CFR 574. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 574. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Depax talent 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 DepaL tinent without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Work Program for public purposes. 6.3.2 If the PROJECT SPONSOR receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROJECT SPONSOR shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROJECT SPONSOR shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the PROJECT SPONSOR which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROJECT SPONSOR. Following such inspection or interviews, the Department will deliver to the PROJECT SPONSOR a report of its findings. The PROJECT SPONSOR will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting 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, shall 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 report 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 are HOPWA eligible in accordance with 24 CFR Part 574. 7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with HOPWA funds is an activity which provides benefit to low income persons living with HIV/AIDS. 7.3 The PROJECT SPONSOR shall comply with all applicable provisions of 24 CFR Part 574 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The PROJECT SPONSOR shall cooperate with the Department in attending meetings at the request of the Department 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. 11 7.6 NON-DISCRIMINATION. The PROJECT SPONSOR shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. 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 forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROJECT SPONSOR is or was created by a religious organization, the PROJECT SPONSOR agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 574. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, HOPWA assistance may not be used for religious activities. The PROJECT SPONSOR shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 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 HOPWA Funds (including HOPWA Funds provided to the PROJECT SPONSOR in the form of a loan and/or grant), less any portion of the value attributable to expenditures of non-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 CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROJECT SPONSOR shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROJECT SPONSOR shall incorporate in all consultant subcontracts the following provision: "The PROJECT SPONSOR is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROJECT SPONSOR. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract" 7.13.3 The PROJECT SPONSOR shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROJECT SPONSOR shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROJECT SPONSOR's Subcontractor(s). 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 deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROJECT SPONSOR and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII 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. The PROJECT SPONSOR shall comply with the Hatch Act, which limits the political activity of employees. 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 a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME 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 expiration/termination 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. 9.2 REPAYMENTS. Any interest or other return on the investment of the HOPWA funds shall be remitted to the CITY on a monthly basis. Any HOPWA funds funded to the PROJECT SPONSOR that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement 15 without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROJECT SPONSOR, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROJECT SPONSON an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROJECT SPONSOR that any payment made in accordance with this Agreement to the PROJECT SPONSOR shall be made only if the PROJECT SPONSOR is not in default under the terms of this Agreement. If the PROJECT SPONSOR is in default, the CITY shall not be obligated and shall not pay to the PROJECT SPONSOR any sum whatsoever. If the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROJECT SPONSOR, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or 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. 10.2 SUSPENSION. 10.2.1 The Depaitinent 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 of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROJECT SPONSOR. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the HOPWA Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROJECT SPONSOR pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROJECT SPONSOR is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROJECT SPONSOR to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROJECT SPONSOR's breach is waived by the Department in writing, the Department may, by written notice to the PROJECT SPONSOR, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions 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 limited 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, any 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 claims 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 §725.06 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 Depat to ient 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 restriction 18 or limitation on their use if requested by the CITY. The PROJECT SPONSOR agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes, It is further understood by and between the parties that any document which is given by the CITY to the PROJECT SPONSOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROJECT SPONSOR for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROJECT SPONSOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY, The obligations undertaken by the PROJECT SPONSOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROJECT SPONSOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOPWA Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROJECT SPONSOR further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the PROJECT SPONSOR or its employees must be disclosed in writing to the CITY. 11.7.2 The PROJECT SPONSOR is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, 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. 19 11.8 PROCUREMENT. The PROJECT SPONSOR shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 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. 11.10 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 of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Director Department of Housing & Community Development One Flagler Building 14 NE 1st Avenue, Second Floor Miami, Florida 33132 PROJECT SPONSOR Center of Information & Orientation, Inc. 181 NE 82nd Street Miami, FL 33138 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 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 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.12 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 employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 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 PROJECT SPONSOR'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 discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has 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. ■ A financial status report (including all program income). A final request for payment. ▪ A final inventory of property in the PROJECT SPONSOR's possession that was acquired or improved with HOPWA funds. 11.17 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 terminate 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. 11.18 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be 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 to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: q/i3fcuf Name: Niche lnvil Date: Title: Executive Director CITY OF MIAMI, a municipal Corporation of the State of Florida DocuSigned by: LE arguAr Nevitlt 850CF6C372DD42A... PROJECT SPONSOR Center of Information & Orientation, Inc. 181 NE 82nd Street Miami, FL 33138 a Florida not -for -profit corporation ATTEST: Title: Chair Corporate Seal: ATTEST: October 25, 2024 109:55:i4 Arthur Noriega V. City Manager Date: DocuSigned by: Todd B. Hannon City Clerk Signed by: October 25, 2024 111:53 Date: APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS DocuSigned by: Lfrt1 :10144tA7 2733 ✓C-6-398^z94 C 7... Ann -Marie Sharpe Risk Management CORRECTNESS: ,-DocuSigned by: /' October 16, 2024 I 11: 36T ahr iSt01 itt '-88776E9FE88248B... Date: George K. Wysong III City Attorney RP #24-2621 Date: October 21, 2024 1 11:11:57 23 CENTER OF INFORMATION AND ORIENTATION, INC. 181 N. E. 82nd Street, 2nd Floor. Miami, Florida 33138 Tel: 305.759.1155 / Fax: 305.759.1156 / centerio@bellsouth.net CORPORATE RESOLUTION WHEREAS, the Board of Directors of the Center of Information & Orientation, Inc. has examined the terms, conditions and obligations of the Agreement with the City of Miami for Housing Opportunities for Persons With AIDS (HOPWA) WHEREAS, the Board of Directors, at a duly corporate meeting held on September 6, 2024, has considered the matter in accordance with the bylaws of the corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Center of Information & Orientation, Inc. that the Executive Director, Michel Sainvil, is hereby authorized and instructed to negotiate and enter into an Agreement in the name of, and on behalf of the Corporation, with the City of Miami to provide Housing Specialist Services and Housing Quality Inspections to HOPWA clients under the long term assistance program, for the period of October 1, 2024 through September 30, 2025 and for the amount of $470,020.00, and upon terms and payments contained in the proposed Agreement submitted by the City of Miami. IN WITNESSES WHEREOF, this 0 day of 2024. adine M. Vincent Chair Seal City of Miami Resolution R-24-0257 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16088 Final Action Date: 7/11/2024 A RESOLUTION OF THE MIAMI 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 $16,272,865.00, AS MORE PARTICULARLY SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW- INCOME INDIVIDUALS LIVING WITH 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") Program was created under the AIDS Housing Opportunity Act and revised under the Housing and Community Development Act of 1992; and WHEREAS, since 1994 the City of Miami ("City") has received HOPWA Program funds from the United States Department of Housing and Urban Development (" HUD") and 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.24- , adopted July 11, 2024, the Miami City Commission accepted grant funds from HUD in the total amount of $22,821,553.00 for Fiscal Year ("FY") 2024-2025, which included an amount of $14,272,865.00 for the HOPWA program; and WHEREAS, 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 $16,272,865.00, as more particularly specified in Exhibit "A," attached and incorporated, to provide housing assistance and housing related services to low-income individuals living with HIV/AIDS; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 Miami Page 1 of 2 File ID: 16088 (Revision:) Printed On: 7f11/2024 File ID: 16088 Enactment Number: R-24-0257 Section 2. The allocation of HOPWA 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 $16,272,865.00, as more particularly specified in Exhibit "A," attached and incorporated, to provide housing assistance and housing related services to low-income individuals living 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: ng III, C ty ttor -y 7/22/2024 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: 8/26/2024 Exhibit "A" City of Miami Department of Housing and Community Development Allocation of HOPWA Funds FY2024 Program/Agency HOPWA Recommendation FY2024 HOPWA 2024 Entitlement Allocation: $ 14,272,865.00 HOPWA Previous Years Available Funding: $ 2,000,000.00 Total HOPWA Available to Allocate: $ 16,272,865.00 I. Program Administration City of Miami - Department of Housing and Community Development $ 403,185.00 Ia. Technical Assistance Apple Tree Perspectives, Inc. $ 25,000.00 Subtotal: $ 428,185.00 II. Project Based Operating Support Latin Mission Ministries, Inc. (12 units) $ 54,720.00 Carrfour Supportive Housing, Inc. (8 units) $ 36,480.00 Carrfour Supportive Housing, Inc. (6 units) $ 27,360.00 Subtotal: $ 118,560.00 III. (a) Tenant Based Rental Assistance Program (TBRA) - Housing Specialist Services, Move -In/ Compliance/ Walk -Through/ Exit & HQS Inspections Center of Information and Orientation, Inc. $ 470,020.00 Care Resource Community Health Centers, Inc. $ 230,737.00 Empower "U", Inc. $ 470,020.00 Sunshine for Ali, Inc. $ 470,020.00 Spanish American Basic Education and Rehabilitation, Inc. $ 215,782.00 Subtotal: $ 1,856,579.00 IV. (a) Tenant Based Rental Assistance Program (TBRA) - Rental Payments City of Miami - Department of Housing and Community Development (Payments) $ 13,149,541.00 Subtotal: $ 13,149,541.00 VI. Short Term Rent Mortgage & Utility Assistance (STRMU) AND Permanent Housing Placement (PHP) Program City of Miami - Department of Housing and Community Development (STRMU & PHP Payments) $ 568,120.00 Care Resource Community Health Centers, Inc. (STRMU and PHP Processing Services) $ 131,880.00 Subtotal: $ 700,000.00 VI, Resource Identification City of Miami - Department of Housing and Community 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 255 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 long-term 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 plan. • Make monthly contact with client to ensure client occupancy in assisted unit and client's housing stability. • Make quarterly home visit to (1) monitor client's housing stability and condition of housing unit and (2) assist the client in reviewing and updating his or her housing plan. • 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, and present case in the form of written recommendations for, and grievance hearings to review, continuation or termination of participation in the program in event of program rule violations by either client or landlord. II. Inspection Services • The PROJECT SPONSOR will schedule and complete Annual, Move -In and Complaint Housing Quality Standards ("HQS") Inspections of units either selected for occupancy or currently being occupied by LTRA clients who are assigned to the PROJECT SPONSOR. Said HQS inspection services shall be performed in strict accordance with policies and procedures set forth in the 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 timeframes set forth in the Manual. III. Meetings and Trainings • Participate in any performance oversight activities organized by the City; • Attend City of Miami monthly HOPWA Program meetings and monthly meetings of the Miami -Dade County Housing Committee; • Participate in mandatory trainings conducted or required by the City; and • All program personnel, whose salaries are paid in whole or in part with HOPWA funds, must complete an HIV/AIDS education course and be recertified every two years by a Florida Department of Health -approved HIV/AIDS training provider within sixty (60) days of commencement of the contract period or their hire thereafter. Such staff includes management and administrative staff. CLIENT 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 commit or 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: Title: 1 Sainvil Date Executive Director STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of 'physical presence or o online notarization, this J3 day of _ ,�,,�, �, , 20 _ by Michel Sainvil of Center of Information & Orientation,Inc. a Florida Not For Profit Corporation, on behalf of the corporation. l,h(is personally known to me`)or has produced as identification. [Notary Seal]: JACQUES F. SAINT•LOUIS Notary Public - State of Florida Commission if NH 488874 :.?sue° My Comm. Expires Feb 6, 2028 Bonded through National Notary Assn. L 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 $470,020.00. 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 term of this Agreement and in compliance with the previously approved Work Program (EXHIBIT B) and Program Budget. Each written request for payment shall contain a statement declaring and affirming that services were provided accurately and for certified program participants and in accordance with the approved Scope of Work and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. D. PROJECT SPONSOR understands that not more the seven (7%) percent of the administrative expenses can 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 line -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the PROJECT SPONSOR for which reimbursement was requested shall be 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: Print Name: Michel Sainvil Title: Executive Director el Da e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means ofaiphysical presence or © online notarization, this /3 day of .ei7, li,.„ir,,, 20 &At by Michel Sainvil of Center of Information & 0ririentation, a Florida Not For Profit Corporation, on behalf of the corporation. T e she@s personally known to meeor has produced as identification. [Notary Seal]: ..ACQUES F. SAiNT•LOUIS Notary Public - State of Florida Commission rk I I4 488474 My Comm. Expires Feb 6, 2021 Bonded through National Notary Assn. Signature of Notary BUDGET FORM I AGENCY: PERIOD FUNDING SOURCE Center of Information & Orientation, Inc. October 1, 2024 - Sepetember 30, 2025 City of Miami (HOPWA) Budget Form I ITEM DESCRIPTION AMOUNT (Semi-Montly Payroll) SALARIES: Executive Director/Prog. Direct Michel Sainvil Housing Specialist/Coordin/Insp Marvin Ellis Housing Specialist/Inspector Tatiana Payne Malone Housing Specialists Maxo Jean Baptist Marie Kerna Michel $98,000/yr x 83.5% /24 PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $79,000/yr x 100% /24PP x 24 PP (Oct I, 2024 to Sept 30, 2025) $51,000/yr x 100% /24PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $ 81,830.00 $ 79,000.00 $ 51,000.00 Marie Ismaela Louissaint Receptionist/Intake Worker Sphonie Jean Total Salaries: $46,000/yr x 100% /24PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $44,000/yr x 100% /24PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $42,000/yr x 100% /24PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $27,500/yr x 100% /24PP x 24 PP (Oct 1, 2024 to Sept 30, 2025) $ 46,000.00 $ 44,000.00 $ 42,000.00 $ 27,500.00 $ 371,330.00 Fringe Benefits: MICA $371,330 x 1.45% $ 5,384.00 FICA $371,330 x 6.20% $ 2.3,022.00 Worker's Compensation $371,330 x .25% $ 928.00 Unemployment Compensation $47,880 x .10% $ 48.00 Accounting Service Bonding Insurance General Liability Insurance Telephone Utilities Equipment Rental Subscriptions Space Rental $6551mo x 12 mos $575 to cover the cost of Bonding Insurance $7,100 /Yr x 85% (Estimated cost) $500/mo x 12 mos 85% (EIectricity Estimated cost) $400/mo x 12 mos 85% $2,000 is allocated for the use of copier rental under this project it allocated $1,720 for payroll processing and other $3392.46/mo x 12 mos x 85%=$34,604 Location #1, Miami 144.90 x 12 mos x 100% = $1,739 Location # 2, FL Ci $ 7,860.00 $ 575.00 $ 6,035.00 $ 5,100.00 $ 4,080.00 $ 2,000.00 $ 1,720.00 $ 36,343.00 Postage $60/Stamp x 100 Stamps to be used under this project $ 60.00 Local Travel 6000 miles x $.67/mile = $4,020 (Clients home visits) $ 4,020.00 Office Supplies $150/mo x 12 mos x 50% _ $900 (Cost for Office/Comp Supplies $ 900.00 Cleaning Supplies $356.50 is allocated to buy cleaning supplies under this project $ 356.50 Licenses & Permits $258.50 Is allocated for Licenses & Permits $ 258.50 TOTAL $ 470,020.00 CITY OF MIAMI HOUSING AND COMMUNITY DEVELOPMENT SALARY FORECAST FORM Budget Form II AGENCY: Center of Irmation & Orientation, Inc. FISCAL YEAR: 10/01/2024 - 09/30/2025 Employee Name Position Title Pt/Ft Budgeted Pay Periods Annual Gross Salary Total Salary per pay period Percent of salary charged to City Total Amount charged to City Michel Sainvil Exec. Dir./Project Director FT $4,083.33 $98,000.00 $ 3,410.00 83.50% $ 81,830.00 Marvin Ellis Hous.Spec/Coordi nator/insp. FT $3,291.67 $79,000.00 $ 3,291.67 100% $ 79,000.00 Tatiana Payne Malone Housing Specialist/Insp. FT $2,125.00 $51,000.00 $ 2,125.00 100% $ 51,000.00 Maxo Jean Baptiste Housing Specialist FT $1,916.67 $46,000.00 $ 1,916.67 1000/0 $ 46,000.00 Marie Kerna Michel Housing Specialist FT $1,833.33 $44,000.00 $ 1,833.33 100% $ 44,000.00 Marie Ismaela Louissaint Housing Specialist FT $1,750.00 $42,000.00 $ 1,750.00 100% $ 42,000.00 Sophonie Jean Receptionist/ Intake Worker FT $1,145.83 $27,500.00 $ 1,145.83 100% $ 27,500.00 $387,500.00 $371,330.00 *Salary Forecast is an approximate amount that will be billed to the City. Any changes in monetary value will be have to be approved with a budget modification. AGENCY: FUNDING PERIOD: FUNDING SOURCE: CITY OF MIAMI .PARTMENT OFIIOUSING & COMMUNITY DEVELOPMENT` COSTAtiLOCATION Center of Information & Orientation Inc. October 12024 - September 30 2025 City of Miami (HOPWA) Budget Form II1 LINE. ITEM DESCRIPTION % HOPWA % Miami -Dade {CA} % PACIAdmin % Miami -Dade {DV) % Total STAFF SALARIES 86% $ 371,330.00 12% $ 53,003.00 2% $ 7,828.00 100% $ 432,161.00 STAFF MICA/FICA 86% $ 26,406,00 12% $ 4,055.00 2% $ 599.00 100% $ 33,060.00 STAFF WORKERS COMP. 86% $ 928.00 12% $ 133.00 2% $ 20.00 100% $ 1,081.00 STAFF UNEMPLOYMENT 24% $ 48.00 76% $ 155.00 0% $ 1.00 100% $ 204.00 STAFF FRINGES 0% $ - RETIREMENT PENSION 0% $ - PROFESSIONAL SERVICES 31% $ 5,000.00 69% $ 11,000.00 100% $ 16,000.00 BOARD APPROVED STAFF BONUS 0% $ - AUDIT COST/ACCOUNTING SERVICE 48% $ 7,860.00 52% $ 8,500.00 100% $ 16,360.00 TEMPORARY STAFF 0% $ BONDING INSURANCE 100% $ 575.00 100% $ 575.00 AGENCY INSURANCEIG. LIABILITY 85% $ 6,035.00 15% $ 1,065.00 100% $ 7,100.00 TELEPHONEIINTERNET 85% $ 5,100.00 15% $ 900.00 100% $ 6,000.00 ELECTRICAL SRVS. 85% $ 4,080.00 15% $ 720.00 100% $ 4,800.00 GARBAGE 0% $ - WATER & SEWER 0% $ - EQUIPMENT REPAIR 71% $ 401.00 29% $ 165.00 100% $ 566.00 BLDG. MAINTENANCE 100% $ 1,500.00 100% $ 1,500.00 MAINT. AGENCY VEHICLE 0% $ - VEHICLEIMILEAGE 0% $ - EQUIPMENT RENTAL 100% $ 2,000.00 100% $ 2,000.00 SPACE RENTAL 83% $ 36,343.00 17% $ 7,633.00 100% $ 43,976.00 POSTAGE 100% $ 60.00 100% $ 60.00 PRINTING OUTSIDE 100% $ 975.00 100% $ 975,00 PUBLICATIONS 0% $ - ADVERTISING 100% $ 12,600.00 100% $ 12,600.00 MEMBERSHIP/SUBSCRIPTIONS 100% $ 1,720.00 100% $ 1,720.00 LOCAL TRAVEL 100% $ 4,020.00 100% $ 4,020.00 OUT OF TOWN TRAVEL 0% $ - TRAINING SEMINARS 0% $ - AGENCY SUPPLIES 0% $ - TRAINING SUPPLIES 0% $ - COMPUTER SUPPLIESIREPAIRS 100% $ 1,000.00 100% $ 1,000.00 SHREDDING SERVICES 65% $ 487.00 35% $ 260.00 100% $ 747.00 CHILD CARE/SUPPLIES 0% $ RECREATION PROGRAM SERVICES 0% $ LICENSES/PERMITS 100% $ 258.50 100% $ 258,50 CLEANING SERVICES/SUPPLIES 100% $ 356.50 100% $ 356.50 OFFICE FURNITURE 0% $ - PROGRAM1OFFICE SUPPLIES 100% $ 900.00 100% $ 900.00 SOFTWARE 0% $ - TOTAL 80% $ 470,020.00 11% $ 67,000.00 4% $ 26,000.00 4% $ 25,000,00 100% $ 588,020.0D EXHIBIT 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: (1) 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, and contracts under grants, loans, and cooperative agreements) and that ail 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 file 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 Name: " !fiche Sainvil Title: Executive Director ei/,3 / Date STATE OF FLORIDA COUNTY OF NIIAMI-DADE The foregoing instrument was acknowledged before me by means of il3`physical presence or ❑ online notarization, this Michel Sainvil day of�. 20 2� by of Center of I fe�1 ormation & Orientation. Inc. a FL Not For Proficorporation, on behalf of the corporation me`pr has produced _ as [Notary Seal]: she(s personally known to JACQUES F. SAINT-LQUIS i •^'�1 ``, Notary Public State of Florid �7 z?,.p Commission * NH 488a74 +,,,., • My Comm. Expires Feb 6, 2028 Bonded through National Notary Assn. Signature of Notary EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. Subrecipient certifies to the best 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, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; 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/proposaI had one 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 Title: MichelSaiuvil Executive Director Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, Michel Sainvil a Not For Profit me)or has produced [Notary Seal]: this day of 202/..ro of Center of I formation & Orientation, Inc. corporation, on behalf of the corporation.IJ/sheci_s personally known to as idedti ication. JACQUES F. SAINT•LOUIS Notary Public - State of Florida Commission 1 HN 48e1174 Far ........... My Comm. Expires Feb 6, 2021 Bonded through National Notary Assn. Signature of Notary EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIlhIE THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of Miami by Michel Sainvil, Executive Director (Print this individual's name and title) for Center of Information & Orientation, Inc_ (Print name of entity submitting statements) whose business address is 181 NE 82nd Street, 2nd Floor — Miami, FL 33138 and if applicable is Federal Employer Identification Number (FEIN) is 65-0708521 If the entity has no 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 be provided to any 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. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(h), 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(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, or 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 shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(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 public entity, 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. [Notary Seal]: 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement applies). X 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 of the entity, 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_ 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 submitting this sworn statement on the convicted vendor list. (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 THE 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 PRIOR 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: Michef Sainvil Executive Director Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of j;ti' physical presence or ❑ online notarization, this /3 day of 20 grif by Michel Sainvil of Center of Itiformation. & Orientation, Inc. a Not for Profit corporation, on behalf of the corporation shf is personally known to has produced - as ide ficatio JACQLJES F. SAINT.LOUIS 1 ( 'Ns ,1 Notary Public - State of Florida Commission M NH 488874 Signature of Notary ., orn°"'' My Comm. Expires Fels 5, 2028 9onded through National Notary Assn. EXHIBIT G INSURANCE REQUIREMENTS PUBLIC SERVIICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & COMMUNITY DEVELOPMENT I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General 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 (If Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability Example. "The City of Miami is named additional insured on the general liability. On a primary and non-contributory basis. All policy and conditions apply." II. 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 liability. Note: If agency does not own any vehicles please submit this stamen on the agency's dated letterhead and signed by the authorized representative. III. 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 (If Applicable) Each Claim Policy Aggregate $250,000 $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 COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK 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 company 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. ACORD CERTIFICATE F LIABILITY INSURANCE DATE (MMIDDIYYYY) 09/25/2024 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 palicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, 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). COAMNTAE:CT MIKE VALDES N PHONE (305) 595-5727 (ANC. No. Ext): E-MAIL ADDRESS: a ent@ bestwaY- insurance.com � INSURER(S) AFFORDING COVERAGE PRODUCER BESTWAY INSURANCE GROUP 2530 SW 87 AVE SUITE# B Miami FL 33165 INSURED CENTER OF INFORMATION & ORIENTATION, INC. 181 N.E 82nd STREET - 2nd FLOOR MIAMI FL 33138 COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 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 POL]CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP (MM/PDIYYYY) (MMIDDIYYYY) FAX (AIC Nol: INSURER A: UNITED STATE LIABILITY INSURANCE COMPAN' INSURER B : AM TRUST INSURER C: INSURER D : INSURER E INSURER F NAIC it 42376 INSR LTR A X ADDLSUBR TYPE OF INSURANCE INS') WVD COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO. LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY x SCHEDULED AUTOS NON -OWNED '\ AUTOS ONLY Y POLICY NUMBER NPP1611971B NPP1611971B 06/17/2024 08172024 06/17/2025 06172025 REVISION NUMBER: LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL &ADV INJURY $ 1000000 $ 100000 e 5000 y 1000000 GENERAL AGGREGATE $ 3000000 PRODUCTS - COMP/OP AGG $ 1000000 $ COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ 1000000 UMBRELLA LIAB EXCESS LIAS OCCUR CLAIMS -MADE B A DED RETENTION S EACH OCCURRENCE AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER1MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PROFFESIONAL LIABILITY YIN NIA TWC441891S NPP1611971B 05012024 05012025 06172024 06172025 PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1000000 EL DISEASE - EA EMPLOYEE s 1000000 E.L. DISEASE - POLICY LIMIT $ 100000 1000000/300000C, DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It' mare space Is required) CITY OF MIAMI IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO THE GENERAL LIABILITY COVERAGES AS EVIDENCE HEREIN, WHEN RIQUIRED BY WRITTEN CONTRACT OR AGREEMENT, THE GENERAL LIABILITY POLICY INCLUDES LIMITED CONTRACTUAL LIABILITY, GENERAL LIABILITY COVERAGE TO CITY OF MIAMI IS PRIMARY & NON CONTRIBUTORY. CERTIFICATE HOLDER CITY OF MIAMI DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT 444 SW 2ND AVE, 2ND FLOOR MIAMI, FL 33130 CANCELLATION SHOULD ANY OF THE ABOVE DE THE EXPIRATION DATE THE ACCORDANCE WITH THE POLICY AUTHORIZED REPRESENTATIVE C !BED POLICIES_BE CANCELLED BEFORE F, NOT WILL BE DELIVERED IN S. O 19883" 0 ACO D CORPORATION. Ali rights reserved. ACORD 25 (2016/03) The ACORD name and Logo are registered marks df A D 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, any 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 287.138(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. I 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. I am 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: 1 Name: Michel Sainvil Title: Executive Director Signature: _ Office Address: 181 NE 82nd Street, 2nd Floor Miami, FL 33138 Email Address: centerio@bellsouth.net Main Phone Number: (305) 759-1155 Olivera, Rosemary From: Galo, Monica Sent: Friday, October 25, 2024 12:54 PM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: Executed Agreement - CIO - HOPWA $470020 Attachments: CIO TBRA hopwa $470020 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 i