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Home My WebLink About25308AGREEMENT INFORMATION AGREEMENT NUMBER 25308 NAME/TYPE OF AGREEMENT CHAPMAN PARTNERSHIP, INC. DESCRIPTION EMERGENCY SOLUTION GRANT AGREEMENT/RAPID REHOUSING/HOMELESS PREVENTION & PROGRAM ADMINISTRATION/FILE ID:16089/R-24-0258/MATTER I D : 24- 2896 EFFECTIVE DATE December 13, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/13/2024 DATE RECEIVED FROM ISSUING DEPT. 12/16/2024 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: Chapman Partnership, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ $163,337.25 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 NO Ei YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT Contract in the amount of $163,337.25 in ESG funding to Chapman Partnership, Inc. for the implementation of ESG services to the homeless population. For additional information, please see Resolution attached. COMMISSION APPROVAL DATE: 7/11/2024 FILE ID: 16089 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-24-0258 N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR November 29, 2024 I 06: 32 :15 PST PRINT: VICTQR-r6f SIGNATURE: Ems: (/i - D�Ju '- \."atva`' SUBMITTED TO RISK MANAGEMENT December 2, 2024 I 07: 29: 31 EST PRINT: ANN SIGNATURE �-3r... AI t1,14 SUBMITTED TO CITY ATTORNEY December 9, 2024 I 16: 29: 51 EST PRINT: GEORGE RP #24-2896 SIGNATURE: PRINT: LARRY SIGNATURE: SPpp��11�IIrr��-88776E9FE88248B... SPuocu'Signed '' --''„„^ l�r� 6 DoruSigned by: BOG UJL1SOLA.1 by: Jp�( APPROVAL BY ASSISTANT CITY MANAGERtreKbmber 11, 2024 I 08: 32 :05 EST RECEIVED BY CITY MANAGER December 12, 2024 I 10 : 56 : 31 EST PRINT: ART SIGNATURE NOR 7r7E.saaa... c ��e d by: MtV W4 IUwit. Maw' u RECEIVED BY DEPUTY CITY MANAGER December 12, 2024 10:52:14 EST PRINT: NAT,A<� SIGNATURE: ° aTt bbK-WILLIAMS N414444 C014400.4-Wwtz4n-4 1) ONE ORIGINAL TO CITY CLERK, December 13, 2024 I 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 19:23:27 EST PRINT: TODi9-Er SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: DocuSigned [ E46D7560DCF1459... by: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT EMERGENCY SOLUTIONS GRANT ("ESG") AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 13th day of December , 2024, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & Chapman Partnership, Inc. a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT"). FUNDING SOURCE: EMERGENCY SOLUTIONS GRANT ("ESG") CFDA# (If applicable): AMOUNT: TERM OF AGREEMENT: PROJECT NUMBER: UEI NUMBER: AGENCY'S ADDRESS: 14.231 $ 163,337.25 Effective date of this agreement is October 1, 2024 through September 30, 2025 USJZJ13SM6Q7 1550 North Miami Avenue Miami, FL 33136 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: 1 1.1 EXHIBITS. Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H ARTICLE I EXHIBITS AND DEFINITIONS Attached hereto and forming a part of this Agreement are the following Corporate Resolution Work Program Compensation and Budget Summary Certification Regarding Lobbying Form Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Crime Entity Affidavit Insurance Requirements Anti -Human Trafficking Affidavit 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act OR 24 CFR 576: Agreement Records: ESG Program: ESG Requirements: Department: Title I of the Housing and Community Development Act of 1974, as amended. 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 SUBRECIPIENT 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. Emergency Solutions Grant Program. The requirements contained in 24 CFR 576, Rule 91 of the Florida Administrative Code and as established by the City of Miami, Florida. Department of Housing & Community Development 2 Federal Award: Low -and -Moderate Income Person: U.S. HUD or HUD: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. A member of a low- or moderate -income household whose income is within specific income levels set forth by U.S. HUD. The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the City and must be on file with the City prior to the City's execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT 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 SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of the ESG 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 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 SUBRECIPIENT under this Agreement. 2.1.3 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 SUBRECIPIENT 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 SUBRECIPIENT 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 2.2 The Budget Summary attached hereto as Exhibit "C", including the SUBRECIPIENT' s Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBRECIPIENT'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 SUBRECIPIENT'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 SUBRECIPIENT's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 ADA Certification. 2.12 Drug Free Certification. 2.13 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. 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is October 1, 2024 to September 30, 2025 3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT 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 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 SUBRECIPIENT 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 SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this 4 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. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the SUBRECIPIENT 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 SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT is in compliance with the provisions described in Exhibit "H" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the SUBRECIPIENT 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 SUBRECIPIENT 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 ESG 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 SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT 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.) 5 a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the SUBRECIPIENT elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a SUBRECIPIENT 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 SUBRECIPIENT, the SUBRECIPIENT 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 SUBRECIPIENT 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 200.514(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 SUBRECIPIENT 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; (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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall establish and maintain sufficient records to enable the City to determine whether the SUBRECIPIENT has met the requirements of the ESG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with ESG funds, including its location (if the activity has a geographical locus), the amount of ESG funds budgeted, obligated and expended for the activity, and the specific provision in the ESG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the ESG program. 6.1.3 Equal Opportunity Records containing: (a) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with ESG funds. Such information shall be used only as a basis for further 7 investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (b) Documentation of actions undertaken to meet the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and 24 CFR part 75, relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of ESG. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in ESG or as otherwise required by the City. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the SUBRECIPIENT'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 SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 576. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT 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 SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement 6.2.3 If the City or the SUBRECIPIENT 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 City fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT 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. 8 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department for 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 SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT 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 SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT 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 the same. The Department will determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT's justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The SUBRECIPIENT 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 SUBRECIPIENT is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the SUBRECIPIENT shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The 9 SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are ESG eligible in accordance with the 24 CFR Part 576 and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378). 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with ESG funds is an activity which provides benefit to eligible participants of the ESG Program. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of ESG and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 The SUBRECIPIENT shall, to the greatest possible, give low -and -very low-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The SUBRECIPIENT 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 SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status 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 SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations. 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this eement. 7.10 UNIFORM ADMINISTRATIVE REQUIRE TS. The SUBRECIPIENT 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." 10 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all ESG funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations set forth under HUD 24 CFR Part 576 for the Emergency Solutions Grant (ESG) program authorized by the subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, ESG assistance may not be used for religious activities. The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the City any ESG funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of ESG funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT'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 SUBRECIPIENT materially 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 IX of this Agreement 7.14 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities. 7.15 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 SUBRECIPIENT CERTIFICATIONS, ASSURANCES, AND REGULATIONS 8.1 The SUBRECIPIENT certifies that: (a) The SUBRECIPIENT 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 SUBRECIPIENT'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 SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. (b) The SUBRECIPIENT shall comply with the Hatch Act, which limits the political activity of employees. (c) The SUBRECIPIENT shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by 11 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 SUBRECIPIENT and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or 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 SUBRECIPIENT which has been directly generated from the use of the ESG funds. When Program Income is generated by an activity that is only partially assisted with the ESG funds, the Program Income shall be prorated to reflect the percentage of ESG funds used. Program Income generated by ESG funded activities shall be used only to undertake those activities specifically approved by the City 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 SUBRECIPIENT shall submit to the City monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify ESG activities in which Program Income was derived and how Program Income has been utilized. 9.2 REPAYMENTS. Any interest or other return on the investment of the ESG funds shall be remitted to the City on a monthly basis. Any ESG funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the City. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 12 2 CFR 200.338 and 200.339 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 without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, 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 SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay the SUBRECIPIENT any sum whatsoever. If the SUBRECIPIENT 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 SUBRECIPIENT, 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 ESG Funds awarded to the SUBRECIPIENT. 10.1.4 Withhold further funds from the SUBRECIPIENT. 10.1.5 Take all such other remedies that may be legally available. Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply with any term of this Agreement, the SUBRECIPIENT, 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 SUBRECIPIENT' S control, acquired or improved in whole or in part with ESG Funds (including ESG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion of the value attributable to expenditures of non-ESG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause, temporarily suspend the SUBRECIPIENT's operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: 13 (i) Ineffective or improper use of the ESG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT' s submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the SUBRECIPIENT's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the SUBRECIPIENT 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 SUBRECIPIENT. 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 ESG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT 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 SUBRECIPIENT is not 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 SUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, 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 14 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. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The SUBRECIPIENT 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 SUBRECIPIENT and persons employed or utilized by SUBRECIPIENT in the performance of this Contract. SUBRECIPIENT 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. 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 SUBRECIPIENT shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The SUBRECIPIENT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT, or persons employed or utilized by SUBRECIPIENT. 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 §725.08, Florida Statutes, as applicable. The SUBRECIPIENT shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The SUBRECIPIENT 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 SUBRECIPIENT in which the City participated either through review or concurrence of the SUBRECIPIENT's actions. In reviewing, approving or rejecting any submissions by the SUBRECIPIENT or other acts of the SUBRECIPIENT, the City in no way assumes or shares any responsibility or liability of the SUBRECIPIENT or Sub-SUBRECIPIENT under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 15 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use, if requested by the City. The SUBRECIPIENT 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 SUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The SUBRECIPIENT 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 SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, 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 SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with ESG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT 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 SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 11.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24 CFR 576 and agrees that it shall comply in all respects with the terms of the same. 11.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 576. 11.8 PROCUREMENT. The SUBRECIPIENT 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 SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 16 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the ESG 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 lst Ave, 2nd Floor Miami, Florida 33132 SUBRECIPIENT Chapman Partnership, Inc. 1550 North Miami Avenue Miami, FL 33136 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. 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, 17 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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT'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 SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor, heir or personal representative of the SUBRECIPIENT, 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 SUBRECIPIENT, 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. 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 SUBRECIPIENT Agreement, the CITY shall require the SUBRECIPIENT 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 SUBRECIPIENT's possession that was acquired or improved with ESG funds. 11.17 ANTI -HUMAN TRAFFICKING. The PROVIDER 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 PROVIDER 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 G. If the PROVIDER fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement immediately, 18 without prior notice, and in no event shall the City be liable to Provider 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. 19 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: 9//b124 Name: Date: Title: President & CEO CITY OF MIAMI, a municipal Corporation of the State of Florida ,—DocuSigned by: gyfLiAr Navit,ya `— 850CF6C372DD42A... Arthur Noriega V Date: SUBRECIPII-aNT Chapman Partnership, Inc. 1550 North Miami Avenue Miami, FL 33136 a Florida not -for -profit corporation AT 1'LST: Corpor T]ata• � EVA MORALES Notary Public -State of Florida :foil... Commission # HH 246683 ''TTTT'A.' My Commission Expires March 28, 2026 iUCc_ torahs gi jd by: ATTEST: (—DocuSigned by: F46177560DCF1459 Todd Hannon City Manager December 12, 2024 1 10:56:31 Elty Clerk Date: December 13, 2024 1 19:23:27 EST APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS DocuSigned by: L ratA l�awtt/Lj 27395C6318214E7... CORRECTNESS: DocuSigned by: cat,ar�rc, 00(isai III 8II77GE9FC88243B... Ann -Marie Sharpe Date: George K. Wysong III Date: Risk Management December 2, 2024 I 07:29:31 EStity Attorney December 9, 2024 I 16:29:51 EST RP #24-2896 20 Resolution of Chapman Partnership, Inc., a Florida not for profit corporation The undersigned certifies that at a meeting of the Executive Committee of the Board of Directors of Chapman Partnership, Inc. (the "Corporation") a Florida not for profit corporation, held on _September 16, 2024 , the following resolution was duly adopted and voted, and it is in full force and effect and has not been rescinded or countermanded as of the date hereof: RESOLVED, that the Board authorizes the execution and delivery of a contract, and any contract attachments required to be executed and delivered by the Corporation in connection with the Contract which are necessary or appropriate to consummate the Contract, between the City of Miami and the Corporation. The contract is funded through the 2024-2025 City of Miami Emergency Solutions Grant. Whereas, the Board desires to accomplish the objectives as outlined in the Rapid Rehousing contract with City of Miami and; NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF DIRECTORS of Chapman Partnership, Inc. approve one (1) contract with the City of Miami for the maximum amount of $163,337.25 of ESG 2024- 2025 for the provision of Rapid Rehousing services for the term October 1, 2024 to September 30, 20235 and authorizes Scott Hansel, President & CEO to execute the same on behalf of Chapman Partnership, Inc. FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Corporation and the City, until receipt of written notice of any change therein. CERTIFIED TO this _16_ day of September 2024. Chapman Partnership, Inc., a Florida not -for -profit corporation The PresidentCEO thereupon declared this resolution duly passed and adopted this _16_ day of September , 2024 Signature of President & CEO City of Miami Resolution R-24-0258 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16089 Final Action Date: 7/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING EMERGENCY SOLUTIONS GRANT ("ESG") FUNDS, FOR FISCAL YEAR 2024-2025 IN THE AMOUNT OF $470,037.00, AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; 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, on April 8, 2024, the United States Department of Housing and Urban Development ("HUD") announced the final Community Planning and Development Program Formula Allocations for Fiscal Year ("FY") 2024-2025, which included an amount of $470,037.00 of Emergency Solutions Grant ("ESG") funds; and WHEREAS, pursuant to Resolution No. R-24-0250, adopted July 11, 2024, the Miami City Commission accepted grant funds from HUD in the total amount of $22,821,553.00 for Fiscal Year ("FY") 2024-2025, which included an amount of $470,037.00 for the ESG program; and WHEREAS, the ESG program guidelines allows for the allocation of funds to continue supporting the City of Miami's outreach and referral services to the chronically homeless, and it requires the City to support homeless prevention and rapid re -housing activities; and WHEREAS, the City's Administration recommends the allocation of ESG funds in the amount of $470,037.00 to the various activities specified in Exhibit "A," attached and incorporated, for the FY beginning October 1, 2024; 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. Section 2. The allocation of ESG funds in the amount of $470,037.00 for FY 2024-2025, as specified in Exhibit "A," attached and incorporated, is authorized.' 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 1 of 2 File ID: 16089 (Revision: A) Printed On: 8/19/2024 File ID: 16089 Enactment Number: R-24-0258 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 and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng III, C y ttor y 7/22/2024 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 16089 (Revision: A) Printed on: 8/19/2024 Exhibit "A" City of Miami Department of Housing and Community Development ESG Allocation FY2024 Agency Description of Services ESG Funding Recommendation FY2024 Chapman Partnership, Inc. Rapid Rehousing and/or Homeless Prevention $ 152,762.25 Program Program Administration $ 10,575.00 Chapman Partnership, Inc. City of Miami - Department of Housing & Community Development Program Administration $ 24,677.75 City of Miami - Department of Human Services - Homeless Program Street Outreach $ 282,022.00 Total: $ 470,037.00 EXHIBIT B — Work Program Emergency Solutions Grant Program 1. SHORT-TERM/MEDIUM-TERM RENTAL ASSISTANCE PROGRAM 24 CFR 576.106 Program Description: The Short/Medium-Term rental assistance program provides temporary financial assistance services to individuals and families who would be homeless but for this assistance and provides assistance to rapidly re -house persons who are homeless. This assistance will allow families and individuals to remain in their existing rental units or to help them obtain and remain in rental units they select located within City limits. Rental assistance may be tenant -based or project -based. Initial assistance will be for a period of up to four (4) months, including last month's rent. However, assistance can be extended for additional nine (9) months, if participant is able to show progress towards financial sufficiency. Notwithstanding the financial situation of a household, the maximum length of time a program participant may receive rental assistance through ESG is 24 months during any 3-year period, including any payments made towards rental/utility payments in arrears. Short -Term rental assistance may not exceed rental costs accrued over a period of 4 months (including last month's rent). After 4 months, if program participants receiving Short -Term rental assistance need additional financial assistance to remain housed, they must be evaluated for eligibility to receive up to 3 months of Medium -Term rental assistance; ii. Medium -Term rental assistance may not exceed actual rental costs projected over a period of 4 to 12 months (including last month's rent, if required). If program participants receiving Medium -Term rental assistance need additional financial assistance to remain housed, they must be evaluated for eligibility every 3 months until the maximum assistance allowed under this City program is reached. Types of Assistance —24 CFR 576.105(1)(2)(3)(4)(5)(6) ESG funds may be used to pay housing owners, utility companies, and other third parties for the following costs: i. Rental Assistance: a. May be used to pay up to 4 months rental in arrears for eligible program participants if the payment enables the program participant to remain in the housing unit for which the arrears are being paid or move to another unit; b. No program participant may receive more than 12 months of rental assistance inclusive of rental in arrears payments; c. Rental Payments shall follow a subsidy schedule; d. Rental payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same cost types that are being provided through another federal, state, or local housing subsidy program; e. ESG requires housing units to meet BOTH Rent reasonableness standard in comparison to other similar units in the area and criteria established under the US Department of Housing and Urban Development (HUD) published Fair Market Rents (FMRs). ii. Rental Application fees: a. ESG funds may pay for rental housing application fee that is charged by the owner to all applicants. iii. Last Month's Rent: a. If necessary to obtain housing for a program participant, the last month's rent to the owner may be paid from ESG funds at the time the owner is being paid the security deposit and the first month's rent. This assistance must not exceed one month's rent and must be included in calculating the program participant's total rental assistance. iv. Security and Utility Deposits: a. Security and utility (electric, water & sewer, and gas) deposits covering the same period of time in which assistance is being provided through another housing subsidy program are allowable as long as they cover different expenditures. v. Utility Payments: a. The maximum amount of utility payments (electric, water & sewer, and gas) that can be paid is the total in arrears accrued (past due months) and any current month not exceeding 4 months. The maximum for all utilities combined is $1,000; b. On a limited basis and dependent on availability of matching sources, these levels of assistance may be adjusted for households who are homeless and have no current source of income. Utility assistance will include not only assistance with deposits, but also the utility bill for up to 3 months, for a maximum of $150 per month, totaling $450. c. Household member must have an account in his/her name with the utility company or proof of responsibility to make utility payments such as canceled checks or receipts in his/her name from a utility company. vi. Moving Cost Assistance: a. Covers reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of 3 months or until the program participant is in housing, whichever is shorter. A maximum of $500 is available for this activity. 2 All payments will be made directly to the vendors. Criteria for Eligibility Standard policies and procedures for evaluating individual's and families' eligibility for assistance: 1. Must be residents of the City of Miami; 2. Must have household income at or below 30% of area median income (AMI) as published annually by the US Department of Housing and Urban Development. However, in the event of Rapid -Re -Housing cases only households with a gross income at, or below 50% of the area median income in initial entry, can qualify for assistance (max 3 months, plus last month, and security deposit). These households (50% AMI or below) will not be eligible for additional assistance at re -certification if their income is not at or below the 30% of AMI. 3. Case files must include a completed eligibility form and certification (which meets HUD specifications) that the household meets the eligibility criteria; 4. Records must be kept for each program participant that document: the services and assistance provided to that program participant; compliance with requirements under 24 CFR §576.1 01-106, 576.401 (a) and (b), and 576.401 (d) and (e); and, when applicable, compliance with the termination of assistance requirement in § 576.402; 5. A legally binding, written lease between tenant and landlord is required to receive ongoing rental assistance; 6. For each individual and family determined ineligible to receive ESG assistance, the record must include documentation of the reason for that determination; 7. Must be at risk of homelessness due to one or more of the following situations: a. Has moved frequently because of economic reasons; b. Is living in the home of another because of economic hardship; c. Has been notified that their right to occupy their current housing or living situation will be terminated; d. Lives in a hotel or motel; e. Lives in severely overcrowded housing; f Is exiting a publicly funded institution. g. Victims of domestic violence; h. Homeless under other Federal statutes: Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition. 8. Be certified as eligible by a Case Manager for the program and attend all required case management appointments. 3 2. HOUSING RELOCATION AND STABILIZATION SERVICES Program Description: This program provides for services that assist program participants with housing stability and placement. These services are limited to the following and may only be provided to eligible participants receiving Rental Assistance as highlighted above in program #1. I. Case Management An initial evaluation is made to determine the eligibility of each individual or family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. The following services are provided by the ESG provider: a. Refer ineligible households to other agencies for assistance; b. Refer eligible households to other agencies who can provide assistance in improving the financial situation of the household; c. Certify households for extensions based on household's actions made towards financial sufficiency; d. Refer eligible households for legal services in landlord/tenant disputes and approve payment of legal expenses, if such legal services attempt to keep the tenant in their current housing; e. Require the program participant to meet with a case manager not less than once per month to assist the program participant in ensuring long-term housing stability; and f Develop a plan to assist the program participant to retain permanent housing after the ESG assistance ends, taking into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. g. If the household is potentially eligible for more than 3 months of assistance (plus last month — Rapid Re -Housing Cases Only), the case must be scheduled for reassessment at least two weeks prior to the beginning of the 4th month, and re -assessment documents will included (1) HUD/HMIS Assessment Form (with applicable updates); (2) and Updated household Budget; (3) Income Eligibility Form; (4) Staff Certification of Eligibility for re -assessment; (5) Housing Stabilization Plan. Program Services and Deliverables In compliance with the previously described ESG program requirements, the ESG provider will provide the following services: 4 Housing Inspections Lead Based Paint Standards Visual assessments are required for ALL units receiving financial assistance if constructed before 1978, and child under 6 or pregnant woman will live there. If remediation is needed, follow 24 CFR Part 576.403. ESG provider will coordinate the inspections which will be completed by trained housing inspectors through subcontracted providers or in-house staff. Habitability Standards Under ESG, applicable to all financial assistance, including assistance that is limited to rental arrears in current housing unit must conduct a Habitability inspection. (Inspection requirements —See Attachment 1) Rent Reasonableness Rents must be the lower of fair market rent as published annually by US Department of Housing and Urban Development or the rent reasonableness standard for the apartment. SUBRECIPIENT will obtain the survey to determine if the rent is reasonable and comparable to area rents for similar units through subcontracted providers or in-house staff. Program Reports SUBRECIPIENT will complete monthly reports for the City consistent with the reporting requirements of the U.S. HUD ESG Program. Program Performance Standards The City projects that 24 persons will exit homelessness and another 16 persons will avoid homelessness under the grant. A set of performance standards has been established to ensure that these projections are met. These standards are as follows: • Monitor the number of households assisted who return to shelters after Homelessness prevention or Rapid Re -housing Assistance is provided. At least 70% of households will continue to be in stable housing at least 90 days following the period of assistance; • Monitor the number of households that are assisted directly from a shelter; • Based on need, ensure that 100% of clients are being referred to other appropriate supportive services in the community; • Issue payment to program landlords within 14 days of receiving a request for payment package; • Leverage programmatic dollars by ensuring that assisted clients are contributing towards their recovery from homelessness. Termination of Assistance-576.402 If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. The SUBRECIPIENT 5 must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant' s assistance is terminated only in the most severe cases. Program participants receiving rental assistance or housing relocation and stabilization services To terminate rental assistance or housing relocation and stabilization services to a program participant, the required formal process, at a minimum, must consist of: • Written notice to the program participant containing a clear statement of the reasons for termination; • A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and • Prompt written notice of the final decision to the program participant. Ability to provide further assistance Termination under this section does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual. Requirements Certain requirements in regards to Case Management and HQS Inspections identified in Exhibit B may be waived as allowable by the U.S. Department of HUD due to the approved Mega Waivers of COVID-19. SUBRECIPIENT Chapman Partnership, Inc. 1550 N Miami Avenue Miami, FL 33136 a Florida not -for -profit corporation 6 AUTHORIZED REPRESENTATIVE: Name: Title: President & CEO STATE OF FLORIDA COUNTY OF MIAMI-DADE Date: The foregoing instrument was acknowledged before me by means of ® physical presence or 0 online notarization, this t(c-5 day of 202,4-by �r l-�- i I_I S & 1 ,L d , KCW (Title) of C\c @- Florida not -for -profit corporation, on behalf of the corporation. He/she is (SEAL): as identification. onally know to me or has produced ,�,eRtfP'�•a EVA MORALES 0 /,i �� Notary Public -State of Florid l 4 �A Commission # HH 245683 ,l .,,�a4Fai; My Commission Expires mixMiai c,t2026 7 Attachment 1 Habitability Standards for ESG Organizations providing rental assistance with ESG funds will be required to conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Following are the habitability standards that grantees must follow: (a) State and local requirements. Each SUBRECIPIENT under this Notice must ensure that housing occupied by a family or individual receiving ESG assistance is in compliance with all applicable state and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for less stringent variations as are proposed by the RECIPIENT or SUBRECIPIENT and approved by HUD, housing occupied by a family or individual receiving ESG assistance must meet the following minimum requirements: (1) Structure and materials: The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access: The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. Space and security: Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (4) Interior air quality: Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (3) (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities: Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. Thermal environment: The housing must have adequate heating and/or cooling facilities in proper operating condition. Illumination and electricity: The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. Food preparation and refuse disposal: All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition: The housing and any equipment must be maintained in sanitary condition. (7) (8) (9) (11) Fire safety: (i) Each unit must include at least one battery -operated or hard -wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke 8 detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing -impaired persons, smoke detectors must have an alarm system designed for hearing -impaired persons in each bedroom occupied by a hearing -impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery -operated or hard -wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant A. All payments shall be in the form of reimbursements for program services provided. SUBRECIPIENT will be paid according to the approved budget submitted to the City for the specific program. The budget determined for the Emergency Solutions Grant (ESG) for the funding period beginning October 1, 2024 and ending on September 30, 2025 is as follows: ESG PROGRAM BUDGET SUMMARY Description of Services Total Amount Budgeted Rapid Rehousing / Homeless Prevention $152,762.25 Program Administration $10,575.00 Total ESG Amount Budgeted $163,337.25 B. The City shall pay SUBRECIPIENT as maximum compensation for the services required pursuant to this Agreement the sum of $163,337.25 C. Reimbursement shall be provided only for costs associated with the services and activities detailed in the Work Program (EXHIBIT "B") and as per the program Budget attached hereto; D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this Agreement. E. At the time the request is made, all invoices are required to have been paid by the SUBRECIPIENT. 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 sixty (60) days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the SUBRECIPIENT 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. 1 EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant 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 SUBRECIPIENT pertaining to any payments by the City. G. The SUBRECIPIENT must submit the request for final payment to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. H. The SUBRECIPIENT must submit a financial close-out to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. This report must include, but is not limited to, a final performance report, a financial status report, and a final inventory of the property in the SUBRECIPIENT's possession that was acquired or improved with ESG funds. Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. SUBRECIPIENT Chapman Partnership, Inc. 1550 N Miami Avenue Miami, FL 33136 a Florida not -for -profit corporation 2 EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant AUTHORIZED REPRESENTATIVE: 4(.4 9/1 b/24 Name: Date: Title: President & CEO STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 11.' day of ge'Co- 20 24by e- l'ricS;c1t-A-Cktat-f..) (Title) of �L`�`1cur47ki,w6( a Florida not -for -profit corporation, on behalf of the corporation. He/she is r sonally known)b me or has produced as identification. (SEAL): ,..0411i,„ EVA MORALES apt _Notary Public -State of Florida a Commission t HH 245683 .,;J ' My Commission Expires \` ' ��irth _ Mee4026 3 BUDGET FORM I CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM AGENCY: PERIOD FUNDING SOURCE Chapman Partnership 10/1/24 to 9/30/25 City of Miami ESG ITEM DESCRIPTION AMOUNT Salaries Case Managers, Support Service Director, Housing Navigator and HMIS Administrator 30,566.45 Program Expense Rental Reimbursements 20,000.00 Program Expense Security Deposits 98,000.00 Program Expense Utility Depositis and Recurring Utilities 4,195.80 Program Adm. Payroll Specialist 3,778.04 Program Adm. Accounts Payable Specialist 5,115.38 Adm. Overhead Utilities - FPL 1,681.58 TOTAL 163,337.25 CITY OF MIAMI HOUSING AND COMMUNITY DEVELOPMENT SALARY FORECAST FORM AGENCY: Chapman Partnership FISCAL YEAR: 2024-25 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 Ligntbourne, Lionel Managers/Follow- FT 1,510.39 39,270.19 1,510.39 25% $ 2,643.15 Barnett, Dewayne Managers/Follow- FT 1,527.70 39,720.10 1,527.70 25% $ 2,673.47 Lanier, Kashayla Ls.9 t,dSt Managers/Follow- FT 2,723.17 70,802.30 2,723.17 25% $ 4,765.54 Ronald Pettway E's5.9 t at Managers/Follow- J. FT 1,605.15 41,733.95 1,605.15 25% $ 2,809.02 Maritza Luna Support Service Director FT 4,500.00 117,000.00 4,500.00 25% $ 7,875.00 Armando Rodriguez Housing Navigator FT 2,351.70 61,144.10 2,351.70 25% $ 4,115.47 William Byrd HMIS Administrator FT 3,248.46 84,459.84 3,248.46 25% $ 5,684.80 $ 30,566.45 *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. CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT COST ALLOCATION AGENCY: FUNDING PERIOD: FUNDING SOURCE: Chapman Partnersh P 10/1/24 to 9/30/25 ESG LINE ITEM DESCRIPTION % ESG % Champman Fundraising % Homeless Trust % EFSP % Total STAFF SALARIES 9% $ 41,141.45 82% $ 373,913.78 9% $ 39,075.24 $ - $ 454,130.47 STAFF MICA/FICA STAFF WORKERS COMP. STAFF UNEMPLOYMENT STAFF FRINGES RETIREMENT PENSION PROFESSIONAL SERVICES BOARD APPROVED STAFF BONUS AUDIT COST TEMPORARY STAFF AGENCY SECURITY SYSTEMS AGENCY INSURANCE TELEPHONE/INTERNET ELECTRICAL SRVS. GARBAGE WATER & SEWER EQUIPMENT REPAIR BLDG. MAINTENANCE MAINT. AGENCY VEHICLE VEHICLE/MILEAGE EQUIPMENT RENTAL SPACE RENTAL POSTAGE PRINTING OUTSIDE PUBLICATIONS ADVERTISING MEMBERSHIP LOCAL TRAVEL OUT OF TOWN TRAVEL TRAINING SEMINARS AGENCY SUPPLIES TRAINING SUPPLIES COMPUTER SUPPLIES/REPAIRS SUPPORTIVE SERVICE 42% $ 122,195.80 55% $ 160,924.76 3% $ 9,907.00 $ 293,027.56 CHILD CARE/SUPPLIES RECREATION PROGRAM SERVICES LICENSES/PERMITS CLEANING SERVICES/SUPPLIES OFFICE FURNITURE PROGRAM SUPPLIES SOFTWARE TOTAL $ 163,337.25 $ 373,913.78 $ 200,000.00 $ 9,907.00 $ 747,158.03 MATCH ESG FY 24-25 Agency: Chapman Partnership Period Being Cost Allocated: 10/01/2024 to 9/30/2025 Line -Item Description City of Miami ESG Food & Beverage - MDC City of Miami In -Kind Total Amount % Amount % Amount % Amount % Amount 101 Staff Salaries 50% 41,141.45 50% 41,141.45 82,282.90 Rent 50% 20,000.00 50% 20,000.00 40,000.00 Security Deposits 50% 98,000.00 50% 98,000.00 196,000.00 Utility Deposits/Recurring Utilities 50% 4,195.80 50% 4,195.80 8,391.60 GRAND TOTAL 163,337.25 163,337.25 326,674.50 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 all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to 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. Authori Represej tative Signature: Print Name: Scott Hansel Title: President & CEO 9/10424 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of l" physical presence or ❑ onl' n t zation, t this ( ' d of 20 - by L'p St-s � I of L'(1ct }-cCc �S ( 0 j ,--- a corporation, on behalf of the corporation. He/she ' personally know me or has produced [Notary Seal]: .014f, EVA MORALES -P�fi V Notary Public -State of Florida •= Commission # HH 245683 Ades 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/proposal 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 epresentative Signature: Print Name: Scott Hansel Title: President & CEO Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of C`'physical presence or ❑ online `',nootari ation, s day of � 2- 20 24 by i-cfr S of 3,06-Ceti o Ccs— vor a �1C pity G ± corporation, on behalf of the corporation. He/she i personally kn me or has pro ';;ujeniticM ALES i?0/,1' ; Notary Public -State of Florid •I%"\, E Commission # HH 245683 My Commission Expires p [Notary Seal]: w is ure of r8, 2026 EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3(A. FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami by Scott Hansel (Print this individual's name and title) for Chapman Partnership (Print name of entity submitting statements) whose business address is 1550 North Miami Avenue, Miami, FL 33136-2015 and if applicable is Federal Employer Identification Number (FEIN) is _65-0425069. 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)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, 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. 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 amities). 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 fmal 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 CON TRACT 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: Print Name: Sco Title: President & CEO 9/1 024 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of Vphysical presence or ❑ onine notarization, this t Cdi day of ��`-� P'Ct--t 1720; 2-4 by f-( of ('k1•-(Ce LL PCLAi &iLt. , a K.Qn I C..1 r ` corporation, on behalf of the corporation. He/s - ' . - onall u • i to me or has prodKed [Notary Seal]: `o;�►''�,, EVA . �'/, � = LES Notary Public -State of Fl . ri .�, err Commission 11 e o ppfpsion Expire a eli 28, 2026 EXHIBIT G INSURANCE REQUIREMENTS PUBLIC SERVICE 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 ofMiami 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 ofMiami 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 MAYBE 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 /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ° CERTIFICATE OF LIABILITY INSURANCE A`oR0 DATE (MM/DD/YYYY) 9/30/2024 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 policy(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). PRODUCER Arthur J. Gallagher Risk Management Services, LLC 9155 South Dadeland Boulevard Suite 1112 Miami FL 33156 CONTACT NAME: PHONE FAX (A/C No Ext): 305-592-6080 (A/C, No): 305-716-3293 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: ALLIANCE OF NONPROFITS FOR INS RRG 10023 INSURED Chapman Partnership, Inc. Attb: Howard Rubin 1550 N Miami Ave Miami FL 33136 INSURERB: ZURICH AMERICAN INS CO 16535 INSURERC: INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:1345221273 REVISION 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 2023-65763-LIAB 9/30/2024 9/30/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 20,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED X X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 2023-65763-02270 9/30/2024 9/30/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 2023-65763-UMB 9/30/2024 9/30/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENT ON $ $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A WC 5710301-06 9/30/2024 9/30/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PROFESSIONAL LIABILITY 2023-65763-LIAB 9/30/2024 9/30/2025 AGGREGATE LIMIT: EACH INCIDENT LIMIT: $3,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Deductible: Auto PD Collision $1,000/ Other than Collision $1,000 Business Auto Physical Damage -Carrier: North American Elite Ins. Co. (NAE) policy #CWA002365400 Certificate holder is listed as added as Additional Insured with respect to the Auto Liability & General Liability Policy. General liability is Primary and Non-contributory. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue Miam FL 33130, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT H ANTI -HUMAN TRAFFICKING AFFIDAVIT 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: _Chapman Partnership Name: _Scott H'a''n��sell Title: President & CEO Signature: L_�Yl�l2 — Office Address: 1550 North Miami Avenue, Miami, FL 33136-2015 Email Address: _shansel@chapmanpartnership.org Main Phone Number: _(305) 329-3026 Olivera, Rosemary From: Galo, Monica Sent: Tuesday, December 17, 2024 11:45 AM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: Executed Agreement - Chapman Partnership ESG $163,337.25 Attachments: Executed 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, Administrative Aide II Department of Housing and Community Development 14 NE 1 Ave. 2nd Floor Miami, F133132 305-416-1976 mgalo@,miamigov.com i