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HomeMy WebLinkAbout25332AGREEMENT INFORMATION AGREEMENT NUMBER 25332 NAME/TYPE OF AGREEMENT THE SUNDARI FOUNDATION, INC. DESCRIPTION CDBG AGREEMENT/HOMELESS SERVICES FOR WOMEN PROGRAM/FILE I D : 16522/R-24-0371 /MATTER I D : 24-3055 EFFECTIVE DATE December 13, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/13/2024 DATE RECEIVED FROM ISSUING DEPT. 12/17/2024 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: The Sundari Foundation, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 28,150.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): N/A ❑ YES ®NO ❑ YES S NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF THE ITEM (BRIEF SUMMARY): Contract in the amount of $28,150.00 in CDBG funding to The Sundari Foundation, Inc. for the implementation of the Homeless Services for Women Program. For additional information please see Resolution attached.. COMMISSION APPROVAL DATE: 09/26/2024 FILE ID: 16522 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ......................................................................................................................................................................................................................................................................................................................................................... ENACTMENT No.: R-24-0371 ROUTING INFORMATION Date PLEASE PRINT AND SIGN by APPROVAL BY DEPARTMENTAL DIRECTOR December 9, 2024 I C9: 31:46 PST PRINT: VICTORTj! SIGNATURE: ,-Signed NFp (; a+=,-_ SUBMITTED TO RISK MANAGEMENT December 9, 2024 I 12 : 36 : 29 EST PRINT: ANM SIGNATURoRG 43F... raUL1E I �m �/'� E December 12, 2024 I 10 SUBMITTED TO CITY ATTORNEYS : 43 : 50 EST R�R4 SIGNATURE: T4 fUYSE� �7 usigi ed by: W se��l � APPROVAL BY ASSISTANT CITY MANAGER/CFO December 12, 2024 I 10 : 59 : 00 EST PRINT: LAR SIGNATURE( 3o77G:aFE8eQ4 B..� -SBBdAkjned by: 1r1�7 yYI/L.I� �S RECEIVED BY CITY MANAGER December 12, 2024 I 15 :14: 27 EST PRINT: ART SIGNATURE C�6 -(/. N0& Mj„Vdby: E54D4 n A'`� 12� RECEIVED BY DEPUTY CITY MANAGER December 12, 2024 I 11: 38: 23 EST PRINT: NAT kuaidumKZMKANILLIAMS SIGNATURE N4 Co.,ua4-W;l",., ONE ORIGINAL TO CITY CLERK, December 13, 2024 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 19 : 32 : 00 EST PRINT: TOD SIGNATURE: . taiadRFA418... DocuSigned nDocusignedby: PRINT: SIGNATURE: PRINT: SIGNATURE: �� E46D75e0DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 13 day of December , 2024, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & The Sundari Foundation, Inc. a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT"). FUNDING SOURCE: CFDA # (If applicable): AMOUNT: TERM OF AGREEMENT: PROJECT NUMBER: UEI® NUMBER: AGENCY'S ADDRESS: Community Development Block Grant (CDBG) CDBG 14.218 $ 28,150.00 Effective date of this agreement is October 1st, 2024 to September 30, 2025 P60K8FKEG8 217 NW 15 Street Miami, FL 33136 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement 1 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H 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 570: Agreement Records: CDBG Program: CDBG Requirements: Department: Federal Award: National Objective: Low -and -Moderate Income Person: 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. Community Development Block Grant Program. The requirements contained in 24 CFR 570, Rule 91 of the Florida Administrative Code and as established by the City of Miami, Florida. The City of Miami Department of Housing & Community Development. 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. All Activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low and moderate -income persons; aid in the prevention of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. A member of a low- or moderate -income household whose income is within specific income levels set forth by U.S. HUD. 2 U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 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 CDBG 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. 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. 3 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. ADA Certification. 2.11 2.12 2.13 Drug Free Certification. 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 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current Federal regulations as may be amended. The SUBRECIPIENT is aware of and accepts the Policies and Procedures Manual for Community Development Block Grant as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the SUBRECIPIENT. The Policies and Procedures Manual for Community Development Block Grant is incorporated herein and made part of this Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the 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 4 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. 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 "G" 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 CDBG 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. 5 Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the 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 tetras 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 CDBG 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 CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions of "low- and moderate -income person" and "low- and moderate -income household" as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a 7 verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be "low- and moderate -income persons" based upon HUD's criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit low- and moderate -income persons, the income limits applied and the point in time when the benefit was determined. (ii) For each activity which benefits are available to all residents in a particular area, at least 51 percent of those residents must be low -and -moderate income persons. Such area needs not be coterminous with census tracts or other officially recognized boundaries, but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (iii) For each activity detei iiined to benefit low- and moderate -income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low -and moderate -income persons: a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers for which the regulations provide presumptive benefit to low- and moderate -income persons; or b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low- and moderate -income persons; or c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U), relative to the 8 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 listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 570 Subpart K. 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 570.506. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 1 19, 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 Department 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. 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. 9 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 SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The SUBRECIPIENT shall submit to the CITY, on a quarterly basis, a Work Program Status Report. 10 ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR 570.201(e). 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted, in whole or in part, with CDBG Funds is an activity which provides benefit to low- and moderate -income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR 570 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 extent possible, give low -and -moderate -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, including those described in 24 CFR 570 Subpart K, ("Other Program Requirements") of the CDBG Program 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 Agreement. 7.10 BUILD AMERICA, BUY AMERICA (BABA) REQUIREMENTS. The SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of 11 HUD Federal Financial Assistance" (88 FR17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. 7.11 UNIFORM ADMINISTRATIVE REQUIREMENTS. 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." 7.12 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR 570.200(j). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities as provided in 24 CFR 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.13 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any unused CDBG Funds at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.14 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPTENT'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 fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR 85.43, as set forth more fully below in Article IX of this Agreement. 7.15 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for initiating the review process under Executive Order 12372. 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 PROGRAM INCOME 2 CFR 200.307 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income 12 on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY, if applicable, a Program Income Report on a quarterly basis. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 2 CFR 200.338 and 200.339 9.1 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 to 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: 9.1.1 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. 9.1.2 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. 9.1.3 Wholly or partially suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 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 13 SUBRECIPIENT's control, acquired or improved in whole or in part with CDBG Funds (including CDBG 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-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. 9.2 SUSPENSION. 9.2.1 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: (i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to comply with any teiiii 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. 9.2.2 The Department may at any time suspend the SUBRECIPIENT's authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 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). 9.3 TERMINATION. 9.3.1 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 CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 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 14 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. 9.3.3 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 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 X MISCELLANEOUS PROVISIONS 10.1 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, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the 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 15 interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The SUBRECTPIENT 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 SUBRECIPIENT under this Agreements. 10.2 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. 10.3 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 SUBRECTPIENT 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. 10.4 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. 10.5 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 CTTY's prior written consent which may be granted or withheld in the CITY's sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG 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. 16 Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 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 570.611 and agrees that it shall comply in all respects with the terms of the same. 10.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 PROCUREMENT. The SUBRECIPIENT shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 10.9 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. 10.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the CDBG 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. 10.11 GENERAL CONDITIONS: 10.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Director Department of Housing & Community Development One Flagler Building 14 NE 1st Avenue Second Floor Miami, FL 33132 SUBRECIPIENT The Sundari Foundation, Inc. 217 NW 15 Street Miami, FL 33136 17 10.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.11.3 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. 10.11.4 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. 10.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.12 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. 10.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.14 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. 10.15 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. 10.16 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 18 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 CDBG funds. 10.17 ANTI -HUMAN TRAFFICKING. The SUBRECIPIENT 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 SUBRECIPIENT shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "H". If the SUBRECIPIENT fails to comply with the terms of this Section, the CITY may suspend or terminate this Agreement immediately, without prior notice, and in no event shall the CITY be liable to SUBRECIPIENT for any additional compensation or for any consequential or incidental damages. 10.18 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 herein. 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. SUBRECIPIENT The Sundari Foundation, Inc. 217 NW 15 Street. Miami, FL 33136 a Florida not -for -profit corporation AUTHORIZED REPRESENTATIVE: eiv rlp, r i Triff n.da v14, T-rti . to 1►YI L-y Name: 1Sj tjtt 1 C,Q. OpniaVe-Date: Title: D j t WI, CITY OF MIAMI, a municipal Corporation of the State of Florida .—DocuSigned by: grf6r Naintf. \•-.-850CF6C372DD12A.. Arthur Noriega V. Date: ATTEST: /D Name. )ioc. Nay— D.te: Title:Aire Co ' cvri Corporate ����,,, ee$ea��t�i Corporate Seal: ATTEST: DocuSigned by: gr Signed by: loaa7¢aa 46Gd,-1ass... ��n anon Date: City Manager December 12, 2024 I 15:14:27 ESCity Clerk December 13, 2024 19:32-:00 EST APPROVED AS TO INSURANCE REQUIREMENTS DocuSigned by: (—Fmk 444t,A7 2730GCc318214C7... Ann -Marie Sharpe Date: Risk Management December 9, 2024 APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: rt.ary, Risat 111 6077cC3r[38248D... George K. Wysong III Date: 12:36:29 My Attorney December 12, 2024 1 10:43:50 EST 20 RP #24-3055 City of Miami Resolution R-24-0371 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16522 Final Action Date: 9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2024-2025, IN THE AMOUNT OF $763,571.00 IN THE PUBLIC SERVICE CATEGORY AND AN ADDITIONAL AMOUNT OF $11,631.00 UNSPENT FUNDS FROM PREVIOUS YEAR PROGRAM INCOME, FOR A TOTAL AMOUNT OF $775,202.00, TO THE AGENCIES/AND OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE AND ECONOMIC DEVELOPMENT ACTIVITIES, BEGINNING OCTOBER 1, 2024; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUND, FOR SAID PURPOSE. SPONSOR(S): City Commission WHEREAS, pursuant to Resolution No. R-24-0254, adopted July 11, 2024, the Miami City Commission approved the allocation of Community Development Block Grant ("CDBG") funds for Fiscal Year ("FY") 2024-2025 in the total amount of $5,090,474.00 which included an amount of $763,571.00 in the Public Service program category; and WHEREAS, there is a need for these funds to be reallocated to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service activities; and WHEREAS, the City's Administration recommends the allocation of CDBG funds for FY 2024-2025, in the Public Service category, in the amount of $763,571.00 and an additional amount of $11,631.00 unspent funds from previous year program income, for a total amount of $775,202.00, to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service and economic development activities; 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 CDBG funds for FY 2024-2025, in the Public Service category, in the amount of $763,571.00 and an additional amount of $11,631.00 unspent funds from previous year program income, for a total amount of $775,202.00, to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service and economic development activities, is authorized.' City of Miami Page 1 of 2 File ID: 16522 (Revision: A) Printed On: 10/4/2024 File ID: 16522 Enactment Number: R-24-0371 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in a form acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use of such funds for said purpose 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: ge WyingIII, C y ttor -v 10/3/2024 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 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: 16522 (Revision: A) Printed on: 10/4/2024 "Exhibit A" City of Miami Department of Housing and Community Development CDBG FY2024 - Public Service Allocation THIS DOCUMENT IS A SUBSTITUTION. THE ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Agency Description of Services CDBG Funding Allapattah Community Action, Inc. Elderly Meals $ 166,668.00 Centro Mater Child Care Services, Inc. Child Care Services $ 156,823.00 De Hostos Senior Center, Inc. Elderly Meals $ 8,498.00 Greater Miami and South Florida Youth and Community, Inc. Youth Services $ 14,495.00 Greater Miami Service Corps Youth Services $ 38,887.00 Helping Hands Youth Center, Inc. Youth Services $ 14,495.00 Multi Ethnic Youth Group Association, Inc. Youth Services $ 19,326.00 St. Alban's Day Nursery, Inc. Child Care Services $ 21,500.00 The Association for Development of the Exceptional, Inc. Handicapped, Mental Health Services $ 23,192.00 The Liberty City Optimist Club of Florida, Inc. Youth Services $ 50,000.00 The Start Program, Inc. Youth Services $ 31,500.00 The Sundari Foundation, Inc. Homeless Services for Women $ 28,150.00 Thelma Gibson Health Initiative, Inc. Elderly Services & Services for the Disabled $ 41,000.00 Department of Resiliency and Public Works (Economic Development Activity) Street Improvements in District 4 $ 160,668.00 Total CDBG Public Service Allocation: $ 775,202.00 FILE NO. 16522 EXHIBITASUB ACTION BY WRITTEN CONSENT OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF THE SUNDARI FOUNDATION, INC. The undersigned, being the Executive Committee of the Board of Directors (the "Board") of The Sundari Foundation, Inc., a Florida not for profit corporation (the "Foundation"), hereby adopt the following resolutions, which resolutions are to have the same force and effect as if passed by a vote of the Board of Directors at a duly called and convened meeting thereof: NOW THEREFORE IT IS RESOLVED, that the Board hereby approves the entry into and performance of: (1) that certain City of Miami, Florida Department of Housing and Community Development, Community Development Block Grant, totalling $28,150 for the period of October 1, 2024 through September 30, 2025, between the City of Miami, a municipal corporation of the State of Florida ("City"), and the Foundation, each in accordance with the respective terms thereof, and (2) in each case, all such increases, modifications, amendments, supplements and extensions thereof, as deemed necessary, appropriate or desirable from time to time by the President of the Foundation, Constance Collins, in her sole determination. FURTHER RESOLVED, that the President of the Foundation, Constance Collins, Executive Director of the Foundation, Isabella De11'Oca, and/or Director of the Foundation, Beatrice Gonzalez, shall be and hereby are authorized, empowered and directed to cause the Foundation to enter and perform the aforesaid agreements (together with such modifications, amendments, supplements and extensions thereof as shall be deemed necessary, appropriate or desirable from time to time by the President of the Foundation, Constance Collins in her sole determination) and take, and the Executive Committee has ratified, all such actions as may be necessary, appropriate or desirable as determined by the President, in her sole determination, to implement, carry out and further the purposes, business, operations and services of the Corporation under said agreements; and Sundari Foundation, Inc. and City of Miami Community Development Block Grant Agreement Resolution 24-25 Page 1 of 2 4 FINALLY RESOLVED, that the President of the Foundation and other officers as directed by the President shall be and hereby are authorized, empowered and directed to take any and all other action necessary, appropriate or desirable to implement the foregoing resolutions, and the Board hereby ratifies the satne. IN WITNESS WHEREOF, the following Directors, being the Executive Committee of the Board of The Sundari Foundation, Inc., do hereby execute this Action by Written Consent dated as of October 16, 2024 for the purposes therein contained. t (.`' 61/4- - (C-on"stance l.ol rns, Drrector Anastasia Cousins, Director Adriene McCoy, Director Kim Abreu, Director umberg, Director Dwayne Robinson, Director f Sundari Foundation, Inc. and City of Miami Community Development Block Grant Agreement Resolution 24-25 Page 2 of 2 FINALLY RESOLVED, that the President of the Foundation and other officers as directed by the President shall be and hereby are authorized, empowered and directed to take any and all other action necessary, appropriate or desirable to implement the foregoing resolutions, and the Board hereby ratifies the same. IN WITNESS WHEREOF, the following Directors, being the Executive Committee of the Board of The Sundari Foundation, Inc., do hereby execute this Action by Written Consent dated as of October 16, 2024 for the purposes therein contained. Constance Collins, Director Adriene McCoy, Director Anastasia Cousigs, Director Kim Abreu. Director John Sumberg, Director Dwayne Robinson, Director Sundari Foundation, Inc. and City of Miami Conununity Development Block Grant Agreement Resolution 24-25 I'age 2 of 2 f 4 4 FINALLY RESOLVED, that the President of he 1 oundation and other officers as directed by the President shall be and hereby are authorized, empowered and directed to take any and all other action necessary, appropriate or desirable to implement the foregoing resolutions, and the Board hereby ratifies the same. IN WITNESS WHEREOF, the following Directors, being he ERecutive Committee of the Board of The Sundari Foundation, Inc., do hereby exe.,ute this Action by Written Consent dated as of October l6, 2024 for the purposes therein contained. Constance Collins, Director Anastasia Cousins, Director Adriene McCoy, Director 4 Kim Abreu. Director John Sumberg, Director /1wayne Robir on, Director Sundari Foundation, Inc. and City of Miami Community Development Block Grant Agreement Resolution 2ti-25 Page 2 of 2 4 ,1,•,411101411 r' S • �'�� { }�i i �. may.. EXHIBIT B WORK PROGRAM HOMELESS SERVICES FOR WOMEN PROGRAM National Objective: 1. SUBRECIPIENT understands that the National Objective for this activity is assistance to low to moderate income persons by serving a limited clientele as defined in 24 CFR 570.208(a)(2) and that the HUD matrix code associated with this activity is: 05G (Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) Scope of Services: 1. SUBRECIPIENT will provide homeless services and related services to eligible program participants from October 1, 2024 to September 30, 2025 with funding from the 2024- 2025 CDBG Program Year. 2. SUBRECIPIENT will provide the following transitional shelter and support services to a minimum of g eligible program participants: a. Transitional Shelter: Provide housing facilities to homeless women and their infants at the following site: Lotus House - 217 NW 15th Street, Miami, FL 33136 b. No less than three meals a day, clothing, and other basic human services to residents. c. Offer comprehensive support services such as individual and group counseling, computer classes, job training and placement, medical and mental health services, and access to a wide range of community resources. d. Offer educational workshops and a host of enrichment activities, including arts and crafts, creative writing, yoga, dance, alternative paths to healing, self -exploration, growth and creative expression. e. For pregnant women, offer pre -natal care, birthing and parenting classes, and infant medical care and screening. Other tasks to be performed by the SUBRECIPIENT in connection with the provision of transitional shelter and support services to homeless women include, but are not limited to, the following: 3. Perform eligibility determination: (24CFR 570.208(a)(1)(i) and 24CFR 570.506) A. Only individuals meeting the following criteria will be considered eligible program participants: a. Be a resident of the Lotus House located at 217 NW 15th Street, Miami, FL 33136 b. A member of a low (extremely low to low) income household c. Must be at least 18 years of age B. SUBRECIPIENT must keep in file proof of the information listed below demonstrating that each program participant is eligible to receive program benefits: a. City of Miami Public Service Application b. Participant's identification card c. Proof of living at the Lotus House i. Include the following print out from the below link: https://www.miamigov.com/Services/Your-Neighborhood/Find-My- CommissionerDistrict-Map d. Proof of income e. Copy of Signed Presumed Benefit Letter £ Currcnt HUD Income Limits Chart at the time of client intake. https://www.huduser.gov/portal/datasets/il.html SUBRECIPIENT may replace program participants who stop receiving program benefits by providing the information required in items 4 a. and b. for the new participant. SUBRECIPIENT will not invoice the City of Miami until the proposed participant is certified as eligible by the City of Miami. 4. At all times, maintain facilities in conformance with all applicable codes, licensing, and other requirements for the operation of day care center and/or youth center. The facilities must be handicapped accessible. 5. Procure services and equipment in a manner that provides, to the maximum extent, practical, open and free competition and in compliance with 24 CFR 84.40-48. 6. Maintain program and financial records documenting the eligibility, attendance, provision of services, and SUBRECIPIENT expenses relative to the youth services as a result of the assistance the CDBG program. 7. SUBRECIPIENT will provide the following program reports to the City: a. A monthly report for the services provided to eligible participants in a form provided by the CITY. This report must include the date range when services were provided, the name of the participant, type of service provided, the last five digits of the participant's social security number and the number of days served. This form must be signed by the Program Manager and Executive Director. b. A final Close -Out (financial report) and inventory report. Authorized Representative Signature t ati i rcou►'�olet7ti Print Name: 'i ce_ i J-vM Co-c, Title: P) r C. uv1r 1 ! 1 J- 1 2--1/ Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of i7rphysical presence or ❑ online notarization, this I% day of 6C% h4J 20 aN by eec kvi ct Cyan 24 le L of The Sundari Foundation, Inc., a Florida Not For Profit Corporation, on behalf of the corporation. He/she issersona ly known e r has produced as identification. [Notary Seal]: 8ZOZ '9 'qaj .dx3 'wino° ht 99t68Y HH 'oN uoisslwwoo eDNold;o ales .ollgnd tieloN 11IH3NNb1 SZId3S801Ad1 Signature"of Notary EXIIIBIT C COMPENSATION AND BUDGET SUMMARY HOMELESS SERVICES FOR WOMEN PROGRAM A. The maximum compensation under this Agreement shall be $28.150.00. B. SUBRECIPIENT's Budget Narrative, Staff Salary Schedule and Cost Allocation are attached hereto and made part of this Agreement. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (Exhibit B) and Program Budget. D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY by the 10°i of the following month to the following email address hcdrequest@miamigov.com. After the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. E. Each written request for payment shall contain a statement declaring and affirming that services were provided to certified program participants and in accordance with the approved Work Program and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. F. 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. 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. G. The SUBRECIPIENT must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. 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. 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 thcrcto. I. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUBRECIPIENT pertaining to any payments by the CITY. Authorized Representative Signature Print Name: jQaf1! r Ci/11isL,L-' Title: Di ft''7/Ir Date: • AGENCY: PERIOD BUDGET FORM I CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM FUNDING SOURCE The Sundari Foundation, Inc. October 1, 2024 - September 30, 2025 City of Miami - CDBG (Public Services) ITEM DESCRIPTION AMOUNT Director of Victim Services Staff Salary $ 28,150.00 TOTAL $ 28,150.00 AGENCY: CITY OF MIAMI HOUSING AND COMMUNITY DEVELOPMENT SALARY FORECAST FORM FISCAL YEAR: 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 Laura Klinefelter Director of Victim Services FT 26 $ 100,000.00 $ 3,846.15 30% $28, 150.00 *Salary Forecast is an approximate amount that will be billed to the City. Any changes in monetary value will be have to be approved with a budget modification. CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT COST ALLOCATION PLAN Budget Form III CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT (NON -HOUSING DEVELOPMENT ONLY) COST ALLOCATION PLAN (1 of 3) Agency: Sundari Foundation, Inc. dba Lotus House i i M Effective Dute(s): 10/01/24- 09311/25 111/01/24-0931)/25 07/01/24- 00:30/25 04/12/24- 04/30i25 117101/24-01)/30i25 10 01/22 - 12/31/24 1)1/0124- 09/30/25 Line-Ttem Description % CDBG % VOCA .o FAFCC FDOT .o Thriving Mind % FEMA 41 % SAMHSA % Total 100 STAFF SALARIES 2.26% $ 28,150.00 30.44% $ 378,378.09 21.12% $ 262,545.43 1.81% $ 22,500.00 9.44% 117,383.69 34.92% S 433,988.11 81.68% $ 1,242,945.32 101 STAFF FICA 27.19% $ 18,995.26 23.30% $ 16,277.82 2.00% $ 1,395.00 9.01% $ 6,295.36 38.51% S 26,907.26 4.59% $ 69,870.70 102 STAFF MICA 26.81% $ 4,442.44 22.97% $ 3,806.90 1.97% $ 326.50 10.27% $ 1,702.06 37.98% S 6,292.83 1.09% $ 16,570.73 103 STAFF WORKERS COMP. 28.94% $ 4,840.73 22.68% $ 3,793.93 2.13% $ 355.50 9.40% $ 1,572.40 36.85% S 6,162.63 1.10% $ 16,725.19 104 STAFF UNEMPLOYMENT COMP 100.00% S 857.40 0.06% $ 857.40 105 STAFF GROUP HEALTH INS. 63.28% $ 36,978.81 23.92% $ 13,975.92 12.81% $ 7,483.49 3.84% $ 58,438.22 200 PROFESSIONAL SERVICES $ - 203 AUDTT COST 100.00% $ 1,000.00 0.07% $ I,000.00 300 GEN. & AUTO LTABILTTY INS. 100.00% $ S,917.06 0.59% $ 8,917.06 350 TELEPHONE/INTERNET $ - 360 ELECTRICITY 34.07% $ 12,271.87 0.00% 65.93% $ 23,750.64 2.37% $ 36,022.51 380 WATER& SEWER AND GARBAGE $ - 410 EQUIPMENT MAINT. $ - 411 BLDG. MAINTENANCE $ - 450 EQUIPMENT RENTAL $ - 460 SPACE RENTAL $ - 501 POSTAGE $ - 502 PRINTING OUTSIDE $ - 504 ADVERTISING $ - 507 MEMBERSHIP(S) $ - 510 LOCAL TRAVEL 100.00% $ 423.00 0.03% $ 423.00 511 OUT OF TOWN TRAVEL 0.00% $ - 521 OFFICE SUPPLIES 6.80% $ 374.80 93.20% $ 5,135.30 0,36% $ 5,510.10 522 PROGRAM SUPPLIES 0,00% $ - 523 COMPUTER SOFTWARE 100.00% $ 17,330,95 1.14% $ 17,331).95 600 LICENSE Sc PERMITS 100.00% $ 250.00 0,02% $ 250.00 700 TRAINING 100.00% $ 350.00 0,02% $ 350.00 800 CAPITAL OUTLAY EQUIP. 0,00% $ - ALL OTHER FUNDING EXPENSES 3.59% $ 1,669,05 41.42% S 19,284,00 54.99% S 25,598.77 3.06% $ 46,551,82 GRAND TOTAL: $ 28,151L00 $ 457,282,00 $ 320,000.00 $ 25,000.00 $ 172,240.00 $ 19.284,00 S 499,807,00 $ 1,521,763,00 BUDGET FORM 1111 OF 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. Authorized Re resetrtative Signature:. �Ucn �0 r tZl►v\GLI�a'L.A, LQ Print Name: 111°_Qp'[t r Gyhtait 2- Date Title: Ulf C CiVY 10 I I3"I2-L' STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of £ ' physical presence or ❑ online notarization, this 15 day of 000-a 64i 20 c 4 by Gcatri q. Gonza4z of Sr nd4 r i Fwrrla4i co ,yam a fly (Act nt i fa' ?OA orporation, on behalf of the corporation. He/she is e'isonally known to me or has produced as identification. e n.nek41 of [Notary Seal TAYLOR SEARS TANNEHILL Notary Public, State of Florida Commission No. NH 489455 My Comm. Exp. Feb. 5, 2028 Signat Notary EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/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. Authorizedc�'Representative Signature: 13 (r', cS v �L1G1 r 1 T lam/Qi wi ,--r2c' . Print Name: b _Ci f) c.0 C 4.1(c► L Date Title: 0attpt( STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of Q(physical presence or ❑ online notarization, this 1 h day of Oc h. b ( 20 .2i-1 by 6eall i c (361114.1 l t of .3 n dG li Rol l o-Il cvl n Wa , a f i 0 (Ida Mt I,*i pia1 �-- corporation, on behalf of the corporation. He/she is esonally k on wZo me or has produced as identification. -------- /it 4n �u nn-eittAl [Notary Seal]: TAYLOR SEARS TANNEHILL Notary Public, State of Florida Commission No. HH 489455 My Comm. Exp. Feb. 5, 2028 SignatYare of Notary 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 6C.GL17)Le GrAiLat. V1re_e1 (Print this individual's name and title) junc�ctr� ouncib. or\, LID-tut5 1-6A (Print name of entity submitting statements) whose business address is 211 Nw 6 3Pe IV\k GLVV\ , '33 136 and if applicable is Federal Employer Identification Number (FEIN) is (> b S 226(., by for 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 I, 1989, as a result of a Jay 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 persdn. 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. 4 4 4 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative Signature: _ Print Name: 3-e ut t, (3-01 2M Ll e- Title: Di l e Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of PI/physical presence or online notarization, this lg day of 0 c Iz, bcz 20 ?CI by (3eO r' cc, Gmzalic of 5%.nda r, Fc�nci c 4icn, Li r . , a Fkr,,la no- fa Pax -a -corporation, on behalf of the corporation. He/she is ersona ly now to me or has produced as identification. [Notary Seal]: TAYLOR SEARS TANNEHILL Notary Public, State of Florida Commission No. HH 489455 My Comm. Exp. Feb. 5, 2028 Signat-e of Notary 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 of Miami is named additional insured on the general liability. On a primary and non-contributory basis. All policy and conditions apply." II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured Example. "The City of Miami is named additional insured on the automobile liability. Note: If agency does not own any vehicles please submit this stamen on the agency's dated letterhead and signed by the authorized representative. III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250,000 $250,000 V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2nd Avenue Miami, FL 33130 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 09/04/2024 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 po icy, 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 Brown & Brown Insurance Services, Inc. P.O. Box 2412 Daytona Beach FL 32115-2415 CONTACT Marlena Randall NAME: (HICONN , Ext): (386) 239-7257 FAX No): (386) 323-9151 E-MAIL Marlena.Randall@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Alliance of Nonprofits for Insurance 10023 INSURED Sundari Foundation, Inc., DBA: Lotus House 3921 ALTON RD #468 MIAMI BEACH FL 33140 INSURER B : Technology Insurance Company 42376 INSURER C : INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2024-25 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 LTR TYPE OF INSURANCE ADDL$UBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 2024-49109 08/30/2024 08/30/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE O RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 Sexual Conduct $ 1 M/3M A AUTOMOBILE )/ /� X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY N/ /N SCHEDULED AUTOS NON-OWNED AUTOS ONLY 2024-49109 08/30/2024 08/30/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ PIP $ 10,000 A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 2024-49109 08/30/2024 08/30/2025 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N NIA TWC4497144 08/30/2024 08/30/2025 ., STATUTE EORH E.L. EACH ACCIDENT 500000 $ , E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT 500,000 $ A HOST LIQUOR PROF MEDICAL LIAB 2024-49109 08/30/2024 08/30/2025 HOST LIQUOR MED LIAB 1,000,000 1 mil/3 mil DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be a tached if more space is required) CITY OF MIAMI IS ADDITIONAL INSURED ON THE GENERAL LIABILITY, ON A PRIMARY AND NON-CONTRIBUTORY BASIS, AND ADDITIONAL INSURED ON THE AUTO LIABILITY. CERTIFICATE HOLDER CANCELLATION I CITY OF MIAMI 444 SW 2ND AVE MIAMI 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 AGENCY CUSTOMER ID: ACOREI LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Brown & Brown Insurance Services, Inc. NAMED INSURED Sundari Foundation, Inc., DBA: Lotus House POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes NAMED INSURED SCHEDULE: Lotus Children's Services, LLC Lotus Blossoms Health Care, LLC Lotus Endowment Fund, Inc. Lotus House Thrift Chic Boutique Lotus House Thrift Store, LLC Lotus House Women's Shelter Sundari Supporting Foundation, Inc. Lotus Village Development, LLC Lotus Village II, LLC Lotus Wellness Center, LLC Lotus Village, III LLC ADDITIONAL COVERAGES: EXCESS LIABILITY (ABUSE & MOLESTATION) LIMIT OF LIABILITY: $3,000,000 MAINTENANCE RETENTION: $50,000 CARRIER: LLOYDS OF LONDON EFFECTIVE 8/30/2024-8/30/2025 POLICY #BINDER0830 EXCESS FOLLOW FORM LIABILITY AGGREGATE: $3,000,000 PER CLAIM: $3,000,000 CARRIER: LLOYDS OF LONDON EFFECTIVE 8/30/2024-8/30/2025 POLICY #BINDER0830 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a. The entity/individual is a nongovernmental entity authorized to transact business in the State of Florida (hereinafter, "nongovernmental entity"). b. The nongovernmental entity is either executing, renewing, or extending a contract (including, but not limited to, any amendments, as applicable) with the City of Miami ("City") or one of its agencies, authorities, boards, trusts, or other City entity which constitutes a governmental entity as defined in Section 287.138(1), Florida Statutes (2024). c. The nongovernmental entity is not in violation of Section 787.06, Florida Statutes (2024), titled "Human Trafficking." d. The nongovernmental entity docs 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: SU i l t0 lditfi UVI , • db A, L 671r J J Name: iN,61-+ I Le Lr r IA L L Title: Signature: Office Address: v 2 11 lU J) I "HU ,f 1Ye-PJ' Dire tAA Gl yvu i / -�, - 3_s )3 LP Email Address: b eQfiYICp (' / yh j h 011J-C, Main Phone Number: �u 0 ' `'j 2)j' by P/ Olivera, Rosemary From: Galo, Monica Sent: Tuesday, December 17, 2024 12:40 PM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: Executed Agreement -The Sundari Foundation CDBG $28,150 Attachments: 2023- SUNDARI CDBG Contract Final.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