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24131
AGREEMENT INFORMATION AGREEMENT NUMBER 24131 NAME/TYPE OF AGREEMENT CAMILLUS HOUSE, INC. DESCRIPTION EMERGENCY SOLUTIONS GRANT AGREEMENT/RAPID REHOUSING & HOMELESS PREVENTION/FILE ID: 11603/R-22- 0139/MATTER ID: 22-1883/#62 EFFECTIVE DATE October 28, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/28/2022 DATE RECEIVED FROM ISSUING DEPT. 11/4/2022 NOTE 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: Camillus House, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ® NO TOTAL CONTRACT AMOUNT: $ 3,558,813.18 FUNDING INVOLVED? El YES 0 NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): N/A ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF THE ITEM (BRIEF SUMMARY): r-Amendment to the contract reducing the funding amount to $3,558,813.18 in ESG-CV2 grant to Camillus House, Inc. for the implementation. of Homeless Prevention and Rapid Rehousing services! LFor additional informationplease see Resolution attaChed.i 12/9/21 & COMMISSION APPROVAL DATE: 4/14/22 11060 & 21-0496 FILE ID: 11063 ENACTMENT No.: &22-0139 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A = ROUTING INFORMATION Date LEASE 11_ AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 8/2/2022 PRINT: RO ERTO T • I ,^ _ SIGNATURE: / SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARIIT1SHZ RPE' Digitally signed by Li Gomez, Frank SIGNATURE: Frank 07:14:53Date:2022.08.-04'0004 XE4 SUBMITTED TO CITY ATTORNEY 22-1883 10/4/22 P T.: VI ORIA ME °~.--L NAT RE: Z i--� APPROVAL BY ASSISTANT CITY MANAGER PRINT: LARRYSP G i SIGNATURE RECEIVED BY CITY MANAGER A teLl- PRINT: ART IE A SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY"S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Monica Galo Contact Person Administrative Aide Title Date: July 28, 2022 Housing & Community Dev Requesting Client 305-416-1976 Telephone Legal Service Requested: HCD2022-0071 Enclosed please find Amendment #It between Camillus House, Inc. and the COM for the reduction iri funding for the ESG-CV2 programi Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating The Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: ❑ Issue opinion in writing. ❑ Publ n fter issuance. Authorized by: Rsberto Tazoe Date response requested by: as soon as possible BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 06/17/2011 CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT EMERGENCY SOLUTION GRANT ("ESG-CV2") AMENDMENT #1 This first amendment (AMENDMENT) to the agreement between the City of Miami (CITY), a municipal corporation of the State of Florida, and Camillus House, Inc., a lor'da of for profit corporation (SUBRECIPIENT), is entered into this 'day of 2022. RECITALS WHEREAS, the CITY and SUBRECIPIENT have heretofore entered into the agreement, which was executed on July 30, 2021 (AGREEMENT), which sets forth the terms and conditions pursuant to which the CITY provided SUBRECIPIENT the sum of S5,028,813.18 in Emergency Solutions Grant ("ESG-CV2") funds to assist the homeless population within the jurisdictional boundaries of the City of Miami, as authorized by the Miami City Commission through Resolution No. R-21-0169; and WHEREAS, through Resolution No. R-21-0496, the City's Administration transferred ESG-CV2 funds in the amount of $660,000.00 from SUBRECIPIENT to the City's Department of Human Services to cover the cost of hotel/motel accommodations for individuals and families experiencing homelessness; and WHEREAS, through Resolution No. R-22-0139, the City's Administration transferred additional ESG-CV2 funds in the amount of S810,000.00 from SUBRECIPIENT to the City's Department of Human Services to cover the cost of hotel/motel accommodations for individuals and families experiencing homelessness; and WHEREAS, the agency has a requested an extension of the original contract from April 1, 2021 through July 30, 2023. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: 1. The recitals and findings set forth in the preamble of this AMENDMENT are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section 2. The AGREEMENT is amended to reflect that $ 3,558,813.18 is the revised amount of ESG-CV2 funds provided to SUBRECIPIENT to assist the homeless population within the jurisdictional boundaries of the City of Miami. The AGREEMENT is also amended to extend the contractual term of the original contract from April 1, 2021, through July 30, 2023. 3. Exhibit C of the AGREEMENT is amended to the new Exhibit C, attached hereto and incorporated herein. 4. Exhibit G of the AGREEMENT is amended to the new Exhibit G, attached hereto and incorporated herein. 2016.1.2 1 5. Except as specifically modified hereby, all funds are subject to the same terms and conditions contained in the AGREEMENT. 6. This AMENDMENT 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 AMENDMENT. The parties shall be entitled to sign and transmit an electronic signature of this AMENDMENT (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed AMENDMENT upon request. 2016.1.2 2 IN WITNESS WHEREOF, the parties hereto have caused this first AMENDMENT to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Camillus House, Inc. 1603 NW 7th Ave Miami, Florida 33136 a Florida not for profit corporation AUTHORIZED REPRESENTATIVE: Name: Hilda M. Fernandez te: 7/27/22 Title: Chief Executive Officer CITY OF MIAMI, a municipal Corporatio. %f the State of Florida Arthur Nori a, V City Manager APPROVED AS TO INSURANCE REQUIREMENTS Digitally signed by Gomez, Gomez, Frank Frank Date: 2022.08.04 07:15:14 -04'00' ATTEST: Na if' ""elley Glasgow Date: 7/27/22 Title: Director of Grants Corporate Seal: ATTEST: odd Hannon City Clerk 10 I 0 (-D Date: APPROVED AS TO FORM AND CORRECTNESS: Ann -Marie Sharpe, Date: `Victoria Mendez Director, Risk Management APPROVED BY DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT eeuye 7?�a,4aaf 8/3/2022 George Mensah, Date: Director, Department Housing & Community Development City Attorney XXA - 22-1883 ate: 10/4/22 2016.1.2 3 IN WITNESS WHEREOF, the parties hereto have caused this first AMENDMENT to be executed by their respective officialsthereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: SUBRECIPIENT Camillus House, Inc.. 1603 NW 7th Ave Miami, Florida 33136 a Florida not for profit corporation ATTEST: Na : Hilda M. Fernandez D te: 7/27/22 Na elley Glasgow Date: 7/27/22 Title: Chief Executive Officer CITY OF MIAMI, a municipal Corporation of the State of Florida Arthur Noriega, V City Manager Date: APPROVED AS TO INSURANCE REQUIREMENTS ; Digitally signed gned by Digitally Frank Frank -Date: 2022.08.04 07:15:14 04'00' Ann -Marie Sharpe, Date: Director, Risk Management APPROVED BY DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT a e2 711-eg: -ai 8/3/2022 George Mensah, Date: Director, Department Housing & Community Development City Attorney Title: Director of Grants Corporate Seal: ATTEST: Todd Hannon Date: City Clerk APPROVED AS TO FORM AND CORRECTNESS: ictorla Mendez ( iiE� ate: 22-1883 10/4/22 2016.1.2 3 EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant A. All payments shall be in the form of reimbursements for program services provided. SUBRECIPIENT will be paid according to the approved budget submitted to the City for the specific program. The budget determined for the Emergency Solutions Grant (ESG-CV2) for the funding period beginning April 22, 2021 and ending on July 30, 2023 is as follows: ESG PROGRAM BUDGET SUMMARY Description of Services Total Amount Budgeted Rapid Rehousing $1,964,311.44 Homeless Prevention $1,594,501.74 Total ESG-CV2 Amount Budgeted $3,558,813.18 B. The City shall pay SUBRECIPIENT as maximum compensation for the services required pursuant to this Agreement the sum of $3,558,813.18 C. Reimbursement shall be provided only for costs associated with the services and activities detailed in the Work Program (EXHIBIT `B") and as per the program Budget attached hereto; D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this Agreement. E. At the time the request is made, all invoices are required to have been paid by the SUBRECIPIENT. All reimbursements must be in line -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within sixty (60) days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the SUBRECIPIENT for which reimbursement was requested shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. 1 EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant F. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the City shall have the right to review and audit the related records of the SUBRECIPIENT pertaining to any payments by the City. G. The SUBRECIPIENT must submit the request for final payment to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. H. The SUBRECIPIENT must submit a financial close-out to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. This report must include, but is not limited to, a final performance report, a financial status report, and a final inventory of the property in the SUBRECIPIENT's possession that was acquired or improved with ESG funds. I. Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. AUTHORIZED REPRESENTATIVE: i Name: Hilda M. Fernandez Title: Chief Executive Officer SUBRECIPIENT Camillus House, Inc. 1630 NW 7th Avenue Miami, FL 33136 a Florida not -for -profit corporation 7/27/22 2 ATTEST: Nam ey Glasgow -Wilson date: 7/27/22 Title: Director of Grants EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant AUTHORIZED REPRESENTATIVE: Name: Title: `I , die i� s\fP i'1,yw C6 STATE OF FLORIDA COUNTY OF MIAMI-DADE ATTEST: ra Cl. s --ems Date: 1. X NamE7 (aC Ur p-}e j Date: —it 17;t Title: („( 45 nanc,3K The foregoing instrument was acknowledged before me by means of + physical presence or 0 online notarization, this 2P day of JJ , 2022 by 1- i vA �• f'cK tZ- r2�53� �,����°s Ca= } ,Vi f-IsJatttE (Title) of Camillus House. Inc. a Florida not -for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced (SEAL): as identification. 3 Martha Yeager Notary Public State of Florida sitW ��= Comm# HH090207 ,„ 191� Expires 2/8/2025 City of Miami Legislation Resolution: R-21-0169 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8310 Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTIONS GRANT ("ESG-CV2") FUNDS IN THE AMOUNT OF $5,028,813.18 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO CAMILLUS HOUSE, INC., AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, pursuant to Resolution No. R-20-0252 adopted on September 10, 2020, the City Commission approved the allocation of Emergency Solutions Grant ("ESG-CV2") funds in the total amount of $6,132,699.00, which included an amount of $5,028,813.18 to the Department of Housing and Community Development ("Department"); and WHEREAS, Camillus House, Inc., which is located at 1603 Northwest 7t" Avenue, Miami, Florida, is a Florida not for profit corporation ("Camillus House") that has the capacity and experience to assist the homeless population within the jurisdictional boundaries of the City of Miami ("City"); and WHEREAS, there is a need to allocate funds to Camillus House as specified in the Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention activities; and WHEREAS, the City's Administration recommends the transfer of ESG-CV2 funds in the total amount of $5,028,813.18 from the Department to Camillus House, as more particularly specified in Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention 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 transferring of ESG-CV2 funds in the amount of $5,028,813.18 to Camillus House, as specified in Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention activities is authorized.' City of Miami Page 1 of 2 File ID: 8310 (Revision:) Printed On: 4/26/2021 File ID: 8310 Enactment Number: R-21-0169 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: • :,Gor 1 /4/2021 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and 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: 8310 (Revision:) Printed on: 4/26/2021 EXHIBIT "A" CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TRANSFER OF ESG-CV2 FUND FROM TO ACTIVITY TRANSFER ESG-CV2 FUNDED AMOUNT DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CAMILLUS HOUSE, INC. Rapid Rehousing and Homeless Prevention $5,028,813.18 City of Miami Legislation Resolution: R-21-0496 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11060 Final Action Date: 12/9/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTION GRANT ("ESG-CV2") FUNDS IN THE AMOUNT OF $660,000.00 FROM CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO THE CITY OF MIAMI'S DEPARTMENT OF HUMAN SERVICES AS SPECIFIED IN THE EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, pursuant to Resolution No. R-21-0169 adopted on April 22, 2021, the City Commission transferred Emergency Solutions Grant ("ESG-CV2") funds in the total amount of $5,028,813.18 ("Total Amount") to Camillus House, Inc., a Florida not for profit corporation ("Camillus House"); and WHEREAS, there is an urgent need to de -obligate funds from the Total Amount in order to provide additional funds to the City of Miami's ("City") Department of Human Services to cover the costs of hotel/motel accommodations for individuals and families experiencing homelessness due to the Novel Coronavirus pandemic; and WHEREAS, the City's Administration recommends transferring ESG-CV2 funds in the amount of $660,000.00 from Camillus House to the City's Department of Human Services as more particularly specified in Exhibit "A," attached and incorporated, to cover the cost of hotel/motel accommodations for individuals and families experiencing homelessness; 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 transferring of ESG-CV2 funds in the amount of $660,000.00 from Camillus House to the City's Department of Human Services as specified in Exhibit "A," attached and incorporated, to cover the costs of hotel/motel accommodations for individuals and families experiencing homelessness is authorized.'. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 11060 (Revision:) Printed On: 1/11/2022 File ID: 11060 Enactment Number: R-21-0496 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 11 /27/2021 City of Miamt Page 2 of 2 File fD: 11060 (Revision:) Printed on: 1/11/2022 EXHIBIT "A" CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TRANSFER OF ESG CV2 FUND FROM TO DESCRIPTION OF SERVICES FUNDED AMOUNT Camillus House, Inc. City of Miami - Department of Human Services MoteVHotel program assistance to Homeless $660,00.00 Total ESG CV2 $660,000.00 W. City of Miami Resolution R-22-0139 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 11603 Final Action Date: 4/14/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING TRANSFERRING EMERGENCY SOLUTION GRANT FUNDS IN THE AMOUNT OF $810,000.00 FROM CAMILLUS HOUSE, INC., A FLORIDA NOT FOR PROFIT CORPORATION, TO THE CITY OF MIAMI'S DEPARTMENT OF HUMAN SERVICES AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO COVER THE COSTS OF HOTEL/MOTEL ACCOMMODATIONS FOR INDIVIDUALS AND FAMILIES EXPERIENCING HOMELESSNESS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, pursuant to Resolution No. R-21-0169 adopted on April 22, 2021, the City Commission transferred Emergency Solution Grant ("ESG-CV2") funds in the total amount of $5,028,813.18 to Camillus House, Inc., a Florida not for profit corporation ("Camillus House"), for rapid rehousing and homeless prevention activities; and WHEREAS, on December 9, 2021, pursuant to Resolution No. R-21-0496, the City Commission de -obligated and transferred ESG-CV2 funds in the amount of $660,000.00 from Camillus House to the City of Miami's ("City") Department of Human Services ("Department") to cover the costs of hotel/motel accommodations for individuals and families experiencing homelessness due to the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, there is an urgent need to de -obligate and provide additional funds to the Department to cover contracts with new vendors to assist the high level of individuals and families requesting assistance due to a significant rise in rent prices; and WHEREAS, Camillus House will continue to assist qualified individuals seeking assistance with funds from Miami -Dade County; and -WHEREAS, the City's Administration recommends transferring ESG-CV2 funds in the amount of $810,000.00 from Camillus House to the Department as specified in Exhibit "A," attached and incorporated, to cover contracts with new vendors to assist the high level of individuals and families requesting assistance due to a significant rise in rent prices; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 2 File ID: 11603 (Revision:) Printed On: 4118/2022 File ID: 11603 Enactment Number: R-22-0139 Section 2. The transferring of ESG-CV2 funds in the amount of $810,000.00 to the Department as specified in Exhibit "A," attached and incorporated, to cover the unusually high costs of hotel/motel for individuals and families experiencing homelessness is authorized.' Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, ail in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ria dez, i 'ttor ey 3/22/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed including, but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 11603 (Revision:) Printed on: 4/18/2022 EXHIBIT "A" CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TRANSFER OF ESG CV2 FUNDS TO DESCRIPTION OF FUNDED SERVICES AMOUNT Camillus House, Inc. City of Miami - Department of Human Services Motel/Hotel program assistance to Homeless $810, 000.00 Total ESG CV2 $810,000.00 Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR 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 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 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 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" 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 00 l`.(/J,R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 6/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 1000 Corporate Drive Suite 400 Fort Lauderdale FL 33334 CONTACT PHONE FAX (A/C No Extl: 954-938-8788 (A/C, No): ADDRESS: certificates@mma-fl.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Kinsale Insurance Company 38920 INSURED CAMILHOUSE1 Camillus House Inc. 1603 NW 7th Avenue Building G Miami FL 33136 INSURER B : Benchmark Insurance Co. 41394 INSURER C : INSURER D : INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 216038772 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 INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 01000202898 5/29/2022 5/29/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 X CLAIMS -MADE OCCUR MED EXP (Any one person) _$ 2,500 X 5,000 PERSONAL 8, ADV INJURY $ 1,000,000 X Retro: 5/29/14 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE LIMIT APPLIES PRO - PRO PER: LOC PRODUCTS - COMP/OP AGG $ Included $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 01000863343 5/29/2022 5/29/2023 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 $ DED X RETENTION $ n g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A CSWC378442020 1/1/2022 1/1/2023 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder, as Designated Organization, is an Additional Insured as respects General Liability when required by written contract subject to the term, conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 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 ACORO® v CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 6/13/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Artex Risk Solutions, Inc. (CB) 2850 Golf Road, 5th Floor Rolling Meadows IL 60008-4050 CONT NAMEACT Christian Brothers Services PHONE FAX (A/c. No. Ext): 800-807-0300 (A/C, No): 630-378-2508 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Old Republic Insurance Company 24147 INSURED CHRIBRO-14 Brothers of the Christian Schools & Affiliates Loc#1176001 CAMILLUS HOUSE INC 1205 Windham Parkway Romeoville IL 60446-1679 INSURER B : Old Republic Union Insurance Company 31143 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1120841136 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF /Y (MM/DDYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y N 822200 1325596 6/15/2022 6/15/2023 EACH OCCURRENCE $ 2,000,000 DAMAGE RENTE P EM SESO(Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L X AGGREGATE LIMIT APPLIES PRO JECT PER: LOC PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y N MWTB 21543 6/15/2022 6/15/2023 (Ea COMBaccidenINEDt) SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N NIA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B B Ltd. Prof. HealthCare-Claims Made Excess Automobile Liability N N N N 822200 1325596 822200 1325596 6/15/2022 6/15/2022 6/15/2023 6/15/2023 Occ/Agg Occurrence $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is added as an additional insured under the General Liability and Auto Liability per attached endorsements per prior written contract. Primary Non -Contributory coverage is provided under the Primary General Liability per prior written contract per the attached endorsement. Coverage is solely, strictly, and specifically with regards to: City of Miami Contracts. City of Miami is added as Additional Insured where required by contract. CERTIFICATE HOLDER CANCELLATION i The City of Miami 444 SW 2nd Avenue 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. AUTHOORRIZE�DREPRESENTATIVEE e ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): All persons or organizations as required by contract or agreement With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an "insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by: 1. You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. PCA 001 10 13 MWTB21543 Religious and Charitable RiskPooling Trud 06/15/2022 - 06/15/2023 OLD REPUBLIC UNION INSURANCE COMPANY Attaching to and forming part of Policy No. 822200 1325596 Named Insured: THE RELIGIOUS AND CHARITABLE RISK FOOLING TRUST OF THE BROTHERS OF THE CHRISTIAN SCHOOLS AND AFFILIATES Effective date of this endorsement is June 15, 2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under SECTION II INSURING AGREEMENT C, GENERAL LIABILITY COVERAGE defined w ithin the Coverage Agreement SECTION 1: Schedule Name of Additional Insured Persons(s) or Organization(s): Designated Location(s)OfCovered Operations: ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT FOR THAT PERSON OR ORGANIZATION TO BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. If no entry appears above, information required to complete this endorsement w ill be shown in the Certificate of Coverage as applicable to this endorsement. Section II Ins uringAgreement C -Nam e of Insured Amended A. Who Is An Insured defined in the General Insurance Agreement is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule above, but only w ith respect to liability in the performance of the Named Insured's ongoing operations forthe Additional Insured(s) at the Location(s) designated in the Schedule above for "bodily injury" or "property damage", caused in w hole or in part, by the Named Insured's acts or omissions w hich takes place after the execution of a w ritten agreement with the Additional Insured(s). B. For the coverage provided by this endorsement: the following paragraph is added to Section N —General Conditions, Section II, Insuring Agreement C-General Liability. This insurance is primary insurance as respects to this coverage to the additional insured person or organization, w here the w ritten contract or w ritten agreement requires that this insurance be primary and noncontributory. In that event, w ew ill not seek contribution fromany other insurance policy available to the additional insured on w hich the additional insured person or organization is a Named Insured. C. Who Is An Insured is also amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, w ith respect to liability for "bodily injury" or "property damage" caused, in w hole or in part, by the "Named Insured's work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard'. The most w ew ill pay is the amount of insurance required by thew ritten contract orthe amount of applicable limits of insurance under this policy; w hichever is less. This Insurance does not apply to any claims or suits seeking damages, including defense, arising out of, directly or indirectly, from any actual or alleged participation in any act of sexual misconduct, sexual harassment, sexual molestation, sexual abuse or any claim sexual in nature, physical or mental, of any person. Except as amended in this endorsement, this insurance is subject to all coverage terms, clauses and conditions in the policy to w hich this endorsement is attached and only applies to the extent permitted by law . CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT EMERGENCY SOLUTIONS GRANT ("ESG-CV2") AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 30 day of July , 2021, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & Camillus House, Inc. a Florida not for profit corporation (hereinafter referred to as the "SUBSUBRECIPIENT"). FUNDING SOURCE: Emergency Solutions Grant ("ESG-CV2") CFDA# (If applicable): ESG 14.231 AMOUNT: $ 5,028,813.18 I'ERM OF AGREEMENT: Effective date of this agreement is April 22, 2021 PROJECT NUMBER: DUNS® NUMBER: AGENCY'S ADDRESS: to September 30, 2022 13-076-9149 1603 NW 7th Ave 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 1 Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G 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 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act OR 24 CFR 576: Agreement Records: ESG-CV2 Program: ESG-CV2 Requirements: Department: Federal Award: Low -and -Moderate Income Person: U.S. HUD or HUD: 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 SUBSUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Emergency Solutions Grant Program. The requirements contained in 24 CFR 576, Rule 91 of the Florida Administrative Code and as established by the City of Miami, Florida. Department of Housing & Community Development Any federal funds received by the SUBSUBRECIPIENT from any source during the period of time in which the SUBSUBRECIPIENT is performing the obligations set forth in this Agreement. A member of a low- or moderate -income household whose income is within specific income levels set forth by U.S. HUD. The United States Department of Housing and Urban Development. 2 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the City and must be on file with the City prior to the City's execution of this Agreement: 2.1 The Work Program submitted by the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of the ESG-CV2 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBSUBRECIPIENT's present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 3 2.7 A copy of the SUBSUBRECIPIENT'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 SUBSUBRECIPIENT's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBSUBRECIPIENT, certified by the SUBSUBRECIPIENT's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 ADA Certification. 2.12 Drug Free Certification. 2.13 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is April 22, 2021 to September 30, 2022 3.3 OBLIGATIONS OF SUBSUBRECIPIENT. The SUBSUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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. 4 ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the SUBSUBRECIPIENT 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 SUB SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBSUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for ESG-CV2 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 SUBSUBRECIPIENT shall adhere. to the following audit requirements: 5.1.1 If the SUBSUBRECIPIENT expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the SUBSUBRECIPIENT elects to 5 have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a SUBSUBRECIPIENT 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 SUBSUBRECIPIENT, the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements of 2 CFR 200.514(d). (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the SUBSUBRECIPIENT 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 fmdings". 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT shall establish and maintain sufficient records to enable the City to determine whether the SUBSUBRECIPIENT has met the requirements of the ESG-CV2 Program. At a minimum, the following records shall be maintained by the SUBSUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with ESG-CV2 funds, including its location (if the activity has a geographical locus), the amount of ESG-CV2 funds budgeted, obligated and expended for the activity, and the specific provision in the ESG-CV2 Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the ESG-CV2 program. 6.1.3 Equal Opportunity Records containing: (a) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with ESG-CV2 funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or 7 maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (b) Documentation of actions undertaken to meet the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of ESG-CV2. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in ESG-CV2 or as otherwise required by the City. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the SUBSUBRECIPIENT'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 SUBSUBRECIPIENT at least until the expiration of the Retention Period. The SUBSUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 576. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBSUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities, and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the City fully, completely and finally resolved. 6.2.4 The SUBSUBRECIPIENT shall notify the Department in writing, both during the term of this Agreement and after its expiration/termination as part of the final closeout procedure, of the -address where all Agreement Records will be retained. 8 6.2.5 The SUBSUBRECIPIENT shall obtain the prior written consent of the Department for the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUB 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 SUBSUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBSUBRECIPIENT a report of its findings. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT's justification is acceptable. At the request of the CITY, the SUBSUBRECIPIENT shall transmit to the CITY written statements of the SUBSUBRECIPIENT's official policies on specified issues relating to the SUBSUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the SUBSUBRECIPIENT shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The 9 SUBSUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The SUBSUBRECIPIENT shall maintain current documentation that its activities are ESG-CV2 eligible in accordance with the 24 CFR Part 576 and Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378). 7.2 The SUBSUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with ESG-CV2 funds is an activity which provides benefit to eligible participants of the ESG-CV2 Program. 7.3 The SUBSUBRECIPIENT shall comply with all applicable provisions of ESG-CV2 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBSUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBSUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBSUBRECIPIENT 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 SUBSUBRECIPIENT shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT 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 SUBSUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 10 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBSUBRECIPIENT 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." 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBSUBRECIPIENT is or was created by a religious organization, the SUBSUBRECIPIENT agrees that all ESG-CV2 funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations set forth under HUD 24 CFR Part 576 for the Emergency Solutions Grant (ESG-CV2) program authorized by the subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, ESG-CV2 assistance may not be used for religious activities. The SUBSUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBSUBRECIPIENT must transfer to the City any ESG-CV2 funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of ESG-CV2 funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBSUBRECIPIENT'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 SUBSUBRECIPIENT materially fails to comply with the terms of this Agreement, the City may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement 7.14 The SUBSUBRECIPIENT shall not assume the CITY's environmental responsibilities. 7.15 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII SUBSUBRECIPIENT CERTIFICATIONS, ASSURANCES, AND REGULATIONS 8.1 The SUBSUBRECIPIENT certifies that: (a) The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBSUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. 11 (b) The SUBSUBRECIPIENT shall comply with the Hatch Act, which limits the political activity of employees. (c) The SUBSUBRECIPIENT shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the SUBSUBRECIPIENT and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME 2 CFR 200.307 9.1 Program Income means gross income received by the SUBSUBRECIPIENT which has been directly generated from the use of the ESG-CV2 funds. When Program Income is generated by an activity that is only partially assisted with the ESG-CV2 funds, the Program Income shall be prorated to reflect the percentage of ESG-CV2 funds used. Program Income generated by ESG- CV2 funded activities shall be used only to undertake those activities specifically approved by the City for the Work Program. All provisions of this Agreement shall apply to such activities. Any Program Income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the City. The SUBSUBRECIPIENT shall submit to the City monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify ESG-CV2 activities in which Program Income was derived and how Program Income has been utilized. 9.2 REPAYMENTS. Any interest or other return on the investment of the ESG-CV2 funds shall be remitted to the City on a monthly basis. Any ESG-CV2 funds funded to the 12 SUBSUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the City. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 2 CFR 200.338 and 200.339 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBSUBRECIPIENT, 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 SUBSUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBSUBRECIPIENT that any payment made in accordance with this Agreement to the SUB SUBRECIPIENT shall be made only if the SUBSUBRECIPIENT is not in default under the terms of this Agreement. If the SUBSUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBSUBRECIPIENT any sum whatsoever. If the SUBSUBRECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the SUBSUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current ESG-CV2 Funds awarded to the SUBSUBRECIPIENT. 10.1.4 Withhold further ESG-CV2 grants and/or loans for the SUBSUBRECIPIENT. 10.1.5 Take all such other remedies that may be legally available. Notwithstanding any other provision of this Agreement, if the SUBSUBRECIPIENT fails to comply with any term of this Agreement, the SUBSUBRECIPIENT, 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 SUBSUBRECIPIENT's control, acquired or improved in whole or in part with ESG-CV2 Funds (including ESG-CV2 Funds provided to the SUBSUBRECIPIENT in the form of a loan and/or grant), less any portion of the value attributable to expenditures of non-ESG-CV2 funds for the acquisition of, or improvement to, the property. The payment is program income to the City. 10.2 SUSPENSION. 13 10.2.1 The Department may, for reasonable cause, temporarily suspend the SUBSUBRECIPIENT's operations and authority to obligate funds under this Agreement or withhold payments to the SUBSUBRECIPIENT pending necessary corrective action by the SUBSUBRECIPIENT, 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 ESG-CV2 Funds by the SUB SUBRECIPIENT; (ii) Failure by the SUBSUBRECIPIENT to comply with any term or provision of this Agreement; (iii) Failure by the SUBSUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBSUBRECIPIENT's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the SUBSUBRECIPIENT's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the SUB SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUB SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY' s funding source reduces the CITY's entitlement under the ESG-CV2 Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUB SUBRECIPIENT pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBSUBRECIPIENT 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 Depaituient 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 14 obligation of any kind or nature whatsoever of the SUBSUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the SUBSUBRECIPIENT's breach is waived by the Department in writing, the Department may, by written notice to the SUB 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 XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The SUBRECIPIENT shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of SUBRECIPIENT and persons employed or utilized by SUBRECIPIENT in the performance of this Contract. SUBRECIPIENT shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the SUBRECIPIENT shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The SUBRECIPIENT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the SUBRECIPIENT shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the SUBRECIPIENT to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the SUBRECIPIENT, or persons employed or utilized by SUBRECIPIENT. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The SUBRECIPIENT shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. 15 The SUBRECIPIENT agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the SUBRECIPIENT in which the City participated either through review or concurrence of the SUBRECIPIENT's actions. In reviewing, approving or rejecting any submissions by the SUBRECIPIENT or other acts of the SUBRECIPIENT, the City in no way assumes or shares any responsibility or liability of the SUBRECIPIENT or Sub-SUBRECIPIENT under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBSUBRECIPIENT 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 SUB 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 SUBSUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the CITY and shall not be used by the SUBSUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The SUBSUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the SUBSUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY's prior written consent which may be granted or withheld in the CITY' s sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The SUBSUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with ESG-CV2 Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBSUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBSUBRECIPIENT or its employees must be disclosed in writing to the CITY. 11.7.2 The SUBSUBRECIPIENT 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), 16 and 24 CFR 576 and agrees that it shall comply in all respects with the terms of the same. 11.7.3 In all other cases, the SUBSUBRECIPIENT shall comply with the standards contained within 24 CFR 576. 11.8 PROCUREMENT. The SUBSUBRECIPIENT shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBSUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the ESG-CV2 Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 11.11 GENERAL CONDITIONS: 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI George Mensah, Director Department of Housing & Community Development One Flagler Building 14 NE 1st Ave, 2nd Floor Miami, Florida 33132 SUBSUBRECIPIENT Camillus House, Inc. 1603 NW 7th Avenue Miami, FL 33136 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 17 11.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.12 INDEPENDENT CONTRACTOR. The SUBSUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 SUBSUBRECIPIENT CERTIFICATION. The SUBSUBRECIPIENT 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 SUBSUBRECIPIENT'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 SUBSUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the SUB SUBRECIPIENT, nor any assignee, successor, heir or personal representative of the SUBSUBRECIPIENT, 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 SUBSUBRECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the SUB SUBRECIPIENT Agreement, 18 the CITY shall require the SUB 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 SUBSUBRECIPIENT's possession that was acquired or improved with ESG-CV2 funds. 11.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 19 RESOLUTION OF Camillus House, Inc., a Florida not for profit corporation The undersigned certifies that at a meeting of the Executive Committee of the Board of Directors of Camillus House, Inc., (the "Corporation") a Florida not for profit corporation, held on 'ON O-c.\ 1 y ""- 2021, the following resolution was duly adopted and voted, and it is in full force and effect and has not been rescinded or countermanded as of the date hereof: RESOLVED, that the Board authorizes the execution and delivery of a contract, and any contract attachments required to be executed and delivered by the Corporation in connection with the Contract which are necessary or appropriate to consummate the Contract, between the City of Miami and the Corporation for the provision of Prevention and Rapid Rehousing services. The contract is funded through the 2020 ESG CARES ACT (ESG-CV2) funds and awarded to the Corporation by the City of Miami. Whereas, this Board desires to accomplish the objectives as outlined in the scope of services of the contract with City of Miami and; NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF DIRECTORS of CAMILLUS HOUSE, INC. approves one (1) contract with Miami -Dade County for the maximum amount of $5,028,813.18.of 2020 ESG-CV22020 for the provision of Prevention and Rapid Rehousing services for Fiscal Year 2021 and Fiscal Year 2022 and authorizes Hilda M. Fernandez, CEO, to execute the same for and on behalf of Camillus House, Inc. FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Corporation and the City, until receipt of written notice of any change therein. CERTIFIED TO this I y day drag..., 2021. Camillus House, Inc., a Florida not for profit corporation The Chairperson / President thereupon declared this resolution duly passed and adopted this day of MALI 2021 (La k4,4 Signature of Chairperson or Secretary City of Miami Legislation Resolution: R-21-0169 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8310 Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING EMERGENCY SOLUTIONS GRANT (`'ESG-CV2") FUNDS IN THE AMOUNT OF $5,028,813.18 FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO CAMILLUS HOUSE, INC., AS SPECIFIED IN THE EXHIBIT "A,' ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. WHEREAS, pursuant to Resolution No. R-20-0252 adopted on September 10, 2020. the City Commission approved the allocation of Emergency Solutions Grant ("ESG-CV2") funds in the total amount of $6,132,699.00, which included an amount of $5,028,813.18 to the Department of Housing and Community Development ("Department"); and WHEREAS, Camillus House, Inc., which is located at 1603 Northwest 7th Avenue, Miami, Florida, is a Florida not for profit corporation ("Camillus House") that has the capacity and experience to assist the homeless population within the jurisdictional boundaries of the City of Miami ("City"); and WHEREAS, there is a need to allocate funds to Camillus House as specified in the Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention activities; and WHEREAS, the City's Administration recommends the transfer of ESG-CV2 funds in the total amount of $5,028,813.18 from the Department to Camillus House, as more particularly specified in Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention 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 transferring of ESG-CV2 funds in the amount of $5,028,813.18 to Camillus House, as specified in Exhibit "A," attached and incorporated, for rapid rehousing and homeless prevention activities is authorized.' City of Miami Page 1 of 2 File ID: 8310 (Revision:) Printed On: 4/26/2021 File ID: 8310 Enactment Number: R-21-0169 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and 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: 8310 (Revision:) Printed on: 4/26/2021 EXHIBIT "A" CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TRANSFER OF ESG-CV2 FUND FROM TO ACTIVITY TRANSFER ESG-CV2 FUNDED AMOUNT DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CAMILLUS HOUSE, INC. Rapid Rehousing and Homeless Prevention $5,028,813.18 EXHIBIT B — Work Program Emergency Solutions Grant Program 1. ESG-CV2 HOMELESS PREVENTION / RAPID REHOUSING PROGRAM 24 CFR 576.106 Program Description: The program will serve 90 households with prevention services and 150 households with rapid rehousing services for the contract period. These numbers are based on an average length of service. However, each service plan and length of service will be designed to fit the needs of the individual households. As such, the program may serve more households or less households depending on the nature of the need or the households receiving services as some clients will require shorter or longer period of service. The number of households served will also be affected by household size, fewer households (but more persons) will be served if there is more demand from larger families and more households will be served if demand is from individuals or small families. All rental assistance services will be for a maximum of 12 months with Prevention permitting 6 months of rental arrears as per CARES Act guidelines. The Short/Medium-Term Rapid Rehousing and Prevention rental assistance programs provide temporary financial assistance services to individuals and families who would be homeless but for this assistance and provides assistance to rapidly re -house persons who are homeless. This assistance will allow families and individuals to remain in their existing rental units or to help them obtain and remain in rental units they select located within City limits. Initial assistance will be for a period of up to three (3) months, including last month's rent. However, assistance can be extended for additional nine (9) months, if participant is able to show progress towards financial sufficiency. Notwithstanding the financial situation of a household, the maximum length of time a program participant may receive rental assistance through ESG-CV is 12 months, including any payments made towards rental/utility payments in arrears. i., Short -Term rental assistance may not exceed rental costs accrued over a period of 3 months (including last month's rent). After 3 months, if program participants receiving Short -Term rental assistance need additional financial assistance to remain housed, they must be evaluated for eligibility to receive up to 9 months of Medium -Term rental assistance; ii. Medium -Term rental assistance may not exceed actual rental costs projected over a period of 4 to 12 months (including last month's rent, if required). If program participants receiving Medium -Term rental assistance need additional financial assistance to remain housed, they must be evaluated for eligibility every 3 months until the maximum assistance allowed under this City program is reached. In keeping with 24 CFR 573.103 and 104, eligible costs will include rental assistance (including arrears; financial assistance (rental application fees, security and utility deposits, utility payments, last month's rent, moving costs, etc.) and supportive services (housing search and placement, housing stability case management, landlord -tenant mediation, tenant legal services, credit repair, benefits and employment assistance, etc.) Individuals and/or families are supported in different ways, depending on their status and need. Both Rapid Rehousing and Prevention service will provide: 1) Flexible, Direct Assistance: providing direct assistance in the form of rent, utility, and other forms of emergency assistance(e.g., landlord incentives in accordance with the regulations, to qualified persons (with maximum of 12 months of support as per CARES Act ESG-CV2 regulations) 2) CaseManagement aid Supportive Services: providing case management and facilitating additional supports and services to help clients decrease their risk of becoming homeless in the future or to end their episode of homelessness. Case management services in the program will provide support for employment and benefits assistance for persons receiving financial assistance to ensure they are able to sustain housing post -subsidy. Types 'of Assistance =24 CFR 576.105(1)(2)(3)(4)(5)(6' HOMELESS PREVENTION Process to Access Assistance 1) SUBRECIPIENT developed a webpage to provide information on the ESG CARES Act 2 funding for households in the City of Miami requesting assistance to prevent eviction. This webpage is trilingual and will provide a link to an (trilingual) online "Eligibility Screening Checklist" so that households can determine if they qualms for the ESG CARES Act 2 Funding (this ESG program assistance is available only to households with income up to 50% of AMI, and documentation is required.) 2) SUBRECIPIENT has a custom online eligibility screening tool and application process to allow for households in the City of Miami to verify eligibility for this program and, if they qualms, to proceed to apply for assistance. This tool is necessary to manage what will be a large volume of applicants, and the need to respond quickly to prevent eviction/homelessness. This online eligibility screening/application process can be completed via PC or mobile phone. Links to other resources are also provided in the event they determine in their review of the website that they do not qualify for this assistance. 3) City of Miami residents may also call the Homeless Helpline, managed by SUBRECIPIENT for the Miami -Dade CoC, and eligibility for the program will be determined by completing the Eligibility Screening Tool with the caller. 4) If Eligible, the applicant will be provided a unique application number, and will send the link to the online application. The online application collects all of the information required by the ESG-CV2 program and lists all of the documentation required to be submitted to confirm eligibility. A separate portal for landlords to provide the information is also being developed. 2 a. The first of 11 questions on the Eligibility Screening Tool verifies that they are in Miami - Dade County. b. Determinationf of whetlierthey are a Cityof eligible applicant is determined during the application process based on the application questions and the documentation they provide confirming that their residence is located within the City of Miami (documentation requires a copy of the current lease, court order, etc. indicating the location of the household's home). Eligibility Review and Confirmation Once deemed eligible, the application is reviewed to confirm eligibility, which includes reviewing required documents to confirm need, that the applicant meets programs income limits, and that they live in the City of Miami. 1. All applications are assigned electronically to a Homeless Prevention Case Manager. a. The Homeless Prevention Case Manager contacts the applicant to verify info received, review documents provided and determine what other assistance is needed (contacting the landlord on applicant's behalf to negotiate payment, legal assistance to stop the eviction process, etc.). Verification that applicant resides in the City of Miami occurs at this stage. b. Once application and documentation are complete, the Homeless Prevention Case Manager identifies the necessary funding to assist the applicant, determines whether funding from other (non -City CARES Act) programs is required, and requests the check for the Iandlord from SUBRECIPIENT's Finance Department. i. The ESG program only allows for payment of rent 6 months in arrears; SUBRECIPIENT anticipates that most applicants will require more than 6 months. Because of SUBRECIPIENT's other Homeless Prevention contracts, SUBRECIPIENT will be able to access other funds from eligible (non -HUD) programs to provide the needed assistance in a seamless manner. ii. Forward rent funding (additional months of support) will be provided on a case by case basis — up to 6 months. iii. Utility in arrears and forward will be provided based on need/case by case. 2) Individuals that do not have the ability to complete the application process electronically, or submit the required documentation electronically, can be assisted once determined to be eligible by their assigned Homeless Prevention Case Manager via phone or in person at SUBRECIPIENT main campus; additional in -person meeting locations in the City are being finalized with the Miami -Dade Public Library System and/or other community partners for use by Homeless Prevention Case Managers for in -person meetings with Homeless Prevention Case Managers, by appointment. Assistance Provided The average ESG assistance to be provided per eligible household is calculated based on six (6) months of rent and/or utility payments in arrears, 2-3 months of forward funding (rent and/or utility), and legal fees (if needed) is approximately $12,000. If the average assistance per household is less than this calculation, then funds will be available to assist additional households. Please note that since the program only allows for payment of 6 months in arrears, 3 the total assistance provided may exceed $12k. SUBRECIPIENT will use other non-federal funds to cover the full rent in arrears. RAPID REHOUSING Process to Access Assistance 1) Requests for Rapid Rehousing assistance are handled through the Continuum of Care's Coordinated Entry Process (COC-CE). 2) Referrals of clients determined eligible for the program are made to the COC-CE, who confirms eligibility and refers the client to SUBRECIPIENT for Rapid Rehousing assistance 3) Clients received through the CoC-CE are assigned to a Rapid Rehousing Case Manager to complete the application process with the client and their referring case manager. Eligibility Review and Confirmation 1) The Rapid Rehousing Program serves currently homeless households who require assistance in accessing permanent housing. Verification of Homelessness is required to determine eligibility. 2) Individuals referred through the CoC-CE process who are currently in any emergency housing program except Salvation Army and Chapman South will qualify for assistance from the City of Miami RRH ESG CARES Act 2 funding. Verification of where the client was homeless at the time of placement at the emergency housing program or other program that is the referral start point, can alternatively be used to confirm eligibility. 3) In addition to the Rapid Rehousing Case Manager, the client is assisted with their housing search (with the assistance of a Housing Navigator) and with employment, if needed (with assistance from an Employment Specialist). Assistance Provided Funding assistance is provided for Rent, Rental Application Fees, Security Deposits/Last Month's Rent, Utility Deposits (gas, electric, water), and Recurring Utilities. Typical assistance will be approximately $13k-15k per assisted household (single adult) and greater for families based on typical monthly rents in the area. 1) Up to 12 months of rent and/or utility assistance can be provided by this ESG program and is generally provided in a "de-escalating" scale so that the client gradually assumes rental payments before the assistance runs out. 2) SUBRECIPIENT will use Rapid Rehousing funds from other programs to assist clients referred and placed close to the expiration of the grant to provide the maximum level of months of assistance that they require to stabilize in housing. 4 2. HOUSING RELOCATION AND STABILIZATION SERVICES Household Eligibility Individuals or families who are currently homeless (as proven by a referral from an outreach team or homeless program), or victims of domestic violence, or in housing but at risk of becoming homeless as proven by a court filed eviction, foreclosure, or discharging institution and in need temporary rent or utility assistance to prevent them from becoming homeless. Households must meet income requirements and must be able to show that they lack sufficient resources or supports to address arrears or rental moving forward. Income Requirements: Prevention In keeping with current practices and as the current Continuum of Care (CoC) Homeless Prevention Provider, ESG-CV2 Prevention services will prioritize households who are at below 30% of the Area Median Income (AMI), but will serve households up to households up 50% of the AMI. Income Requirements: Rapid Rehousing Per ESG-CV2 Rapid Rehousing regulations, there is no income requirement at entry. Households in both components of the program must come from entitlement areas other than those receiving their own CARES Act Awards. Documentation Requirements Prevention Camillus House will accept eviction filings, or statement from the landlord indicating that the rent is in arrears from March 1, 2020. Proof of income is required (e.g. letter from employer, unemployment benefits, DCF benefits letter) to determine rental subsidy assistance Rapid Rehousing Households must have a verified homeless status (through CoC Outreach, other providers or self -certified with evidence), provide picture ID and income verification documents in order to determine rental subsidy assistance. The process for eligibility screening and referrals will align with the CoC's coordinated entry process and rapid rehousing standards of care. Fair Market Rent Cap The FMR cap is waived, but proposed rents will be under FMR plus 20% and must meet rent reasonableness requirements. Access and Application Process SUBRECIPIENT will implement a comprehensive marketing program to ensure City-wide awareness of the program and how to access it. This will include social media and a program website. Primary access to the program will be through the Homeless Helpline operated by SUBRECIPIENT for the CoC (1-877-994-4357). Helpline specialists will screen and refer clients to the appropriate case manager for further processing. Due to COVID-19, Case Management contacts may occur by phone instead of in person. SUBRECIPIENT will implement the 5 following to ensure easy access to program information and to facilitate electronic submission of applications and supporting document. The following steps are being put in place: 1. Creation of a program specific web page with its own URL to provide potential households with information. The website will also include an application portal through which persons can complete the program application and upload required documents. 2. Increasing Helpline staff — Additional staff will be brought in to support the Helpline and manage the anticipated increase in call volume. Applications have typically been done in person at the NCL campus at 1603 NW 7t" Avenue in Miami, however Camillus House will put in place an online and email process to receive applications and documentation where possible. Criteria for rental assistance All units must be legally owned by landlords with apartments or other residential properties, not a room within a house. Housing units cannot be under Section 8 Housing Vouchers, permanent supportive housing, Public Housing, VASH, or another local or federal assistance program except in cases where assistance with security and/or utility deposit assistance are needed. Rent must be reasonable, proposed rents must meet rent reasonableness requirements. Rent must be affordable to the household's current income or potential income. New units must meet local and federal habitability standards and be evidenced by inspection of certificate of occupancy or business license to ensure no current violations; completion of housing inspection (on -site or virtual); completion of lead -based paint inspection for units housing units housing a child under age 6. Duplication of Benefits "Duplication of benefits occurs when Federal financial assistance is provided to a person or entity through a program to address losses resulting from a Federally- declared emergency or disaster, and the person or entity has received (or would receive, by acting reasonably to obtain available assistance) financial assistance for the same costs from any other source (including insurance), and the total amount received exceeds the total need for those costs." SUBRECIPIENT will make every effort to ensure no duplication of benefits including screenings with the City of Miami as well as obtaining affidavits from clients. Compliance ESG-CV2 Prevention and Rapid Rehousing Program shall comply with 24 Code of Federal Regulations, Part 576, considering any waivers by U.S. Housing and Urban Development under CARES Act provisions. Program Services and Deliverables In compliance with the previously described ESG-CV2 program requirements, the ESG-CV2 SUBRECIPIENT will provide the following services: 6 Housing Inspections Lead Based Paint Standards Visual assessments are required for ALL units receiving financial assistance if constructed before 1978, and child under 6 or pregnant woman will live there. If remediation is needed, follow 24 CFR Part 576.403. ESG provider will coordinate the inspections which will be completed by trained housing inspectors through subcontracted providers or in-house staff. I-labitability. Standards: Under ESG-CV2, applicable to all financial assistance, including assistance that is limited to rental arrears in current housing unit must conduct a Habitability inspection. (Inspection requirements —See Attachment 1) This waiver of the requirement in 24 CFR 578.75(b)(1) that the recipient or subrecipient physically inspect each unit to assure that the unit meets HQS before providing assistance on behalf of a program participant is in effect until June 30, 2021 for recipients and subrecipients that are able to meet the following criteria: a. The recipient is able to visually inspect the unit using technology, such as video streaming, to ensure the unit meets HQS before any assistance is provided; and b. The recipient or subrecipient has written policies to physically reinspect the unit within 3 months after the health officials determine special measures to prevent the spread of COVID-19 are no longer necessary. Rent Reasonableness Rents must be the lower of fair market rent plus 20% as published annually by US Department of Housing and Urban Development or the rent reasonableness standard for the apartment. SUBRECIPIENT will obtain the survey to determine if the rent is reasonable and comparable to area rents for similar units through subcontracted providers or in-house staff. Program Reports SUBRECIPIENT will complete monthly reports for the City consistent with the reporting requirements of the U.S. HUD ESG Program. Program Performance Standards The City projects that 150 persons will exit homelessness and another 90 persons will avoid homelessness under the grant. A set of performance standards has been established to ensure that these projections are met. These standards are as follows: Monitor the number of households assisted who return to shelters after Homelessness Prevention or Rapid Re -housing Assistance is provided. At least 70% of households 7 a a. will continue to be in stable housing at least 90 days following the period of assistance; Based on need, ensure that 100% of clients are being referred to other appropriate supportive services in the community; Issue payment to program landlords within 14 days of receiving a request for payment package; Leverage programmatic dollars by ensuring that assisted clients are contributing towards their recovery from homelessness. Termination of Assistance-576.402 If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT that recognizes the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. Program participants receiving rental assistance or housing relocation and stabilization services To terminate rental assistance or housing relocation and stabilization services to a program participant, the required formal process, at a minimum, must consist of: Written notice to the program participant containing a clear statement of the reasons for termination; a A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and Prompt written notice of the final decision to the program participant. Ability to provide further assistance Termination under this section does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual. SUBRECIPIENT Camillus House, Inc. 1603 NW 7th Avenue Miami, FL 33136 a Florida not -for -profit corporation 8 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thcreunto duly authorized on the date above written. S UBSUBRECIPIENT Camillus House, Inc. AUTHORIZED REPRESENTATIVE: Naltie: Hilda M. Fernandez Title: Chief Executive Officer CITY OF MIAMI, a municipat Corporation of the State of Florida Arthdr Norie City Manager Dat APPROVED AS TO INSURANCE REQUIREMENTS Quevedo, Terry 1603 NW 7tti Avenue Miami, FL 33136 a Florida not -for -profit corporation ATTEST: Name:. rti Yager Title: Senior Grants Manager Corporate Seal: ATTEST: Todd I lannon City Clerk 2712021 Date: , -7/301.cia,k APPROVED AS TO FORM AND CORRECTNESS: Digitally signed by • D;gltaliy signed by Min. Quevedo, Terry Min Barnabysarnaby Date:2021.072i 0 Date 2021.07_8115025 OBI 3;00 -04'00' -04 '00' Ann -Marie Sharpe Risk Management Date: 20 Victoria Mendez City Attorney Date: D.^y11atitignea 6r f6mara elfApp o. ��(i Datc2021.6711 19A255.0M7 AUTHORIZED REPRESENTATIVE: ATTEST: Name. Hilda M. Fernandez Date: 5/27/2021 Nai>, .Shelley -Anne Glasgow -Wilson Date: 5/27/2021 Title: Chief Executive Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE Title: Director, Grants The foregoing instrument was acknowledged before me by means of ❑ physical presence or 0 online notarization, this 2-7 day of ' ?-r , , 2021 by AI-1 Z-b41- evt. BI Z. y O (Title) of Camillus House. Inc. a Florida not -for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. (SEAL): "4Y °ua4� GABRIELLE VAN SPLUNTEREN i?P TA,, NotaryPublic State of Fionda— i Commission # HN'089325 fl. \ oFr My Comm.-Explres May 22 2025. 4 . Bdnded through National.NotaryAssn. 0 Arimperial ignature of Notary Attachment 1 Habitability Standards for ESG-CV2 Organizations providing rental assistance with ESG-CV2 funds will be required to conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Following are the habitability standards that grantees must follow: (a) State and local requirements. Each SUBRECIPIENT under this Notice must ensure that housing occupied by a family or individual receiving ESG-CV2 assistance is in compliance with all applicable state and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for less stringent variations as are proposed by the RECIPIENT or SUBRECIPIENT and approved by HUD, housing occupied by a family or individual receiving ESG-CV2 assistance must meet the following minimum requirements: (1) Structure and materials: The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access: The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. (3) Space and security: Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (4) Interior air quality: Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities: Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment: The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity: The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal: All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition: The housing and any equipment must be maintained in sanitary condition. (11) Fire safety: (i) Each unit must include at least one battery -operated or hard -wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke 10 detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing -impaired persons, smoke detectors must have an alarm system designed for hearing -impaired persons in each bedroom occupied by a hearing -impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery -operated or hard -wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant A. All payments shall be in the form of reimbursements for program services provided. SUBRECIPIENT will be paid according to the approved budget submitted to the City for the specific program. The budget determined for the Emergency Solutions Grant (ESG-CV2) for the funding period beginning April 22, 2021 and ending on September 30, 2022 is as follows: ESG PROGRAM BUDGET SUMMARY Description of Services Total Amount Budgeted Rapid Rehousing $3,434,311.44 Homeless Prevention $1,594,501.74 Total ESG-CV2 Amount Budgeted $5,028,813.18 B. The City shall pay SUBRECIPIENT as maximum compensation for the services required pursuant to this Agreement the sum of $5,028,813.18 C. Reimbursement shall be provided only for costs associated with the services and activities detailed in the Work Program (EXHIBIT `B") and as per the program Budget attached hereto; D. SUBRECIPIENT' s Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this Agreement. E. At the time the request is made, all invoices are required to have been paid by the SUBRECIPIENT. All reimbursements must be in line -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within sixty (60) days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the SUBRECIPIENT for which reimbursement was requested shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. 1 EXHIBIT C - Compensation and Budget Summary Emergency Solutions Grant F. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the City shall have the right to review and audit the related records of the SUBRECIPIENT pertaining to any payments by the City. G. The SUBRECIPIENT must submit the request for final payment to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. H. The SUBRECIPIENT must submit a financial close-out to the City within thirty (30) calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. This report must include, but is not limited to, a final performance report, a financial status report, and a final inventory of the property in the SUBRECIPIENT's possession that was acquired or improved with ESG funds. I: Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. AUTHORIZED REPRESENTATIVE: Nance: Hilda M. Fernandez Title: Chief Executive Officer SUBRECIPIENT Camillus House, Inc. 1630 NW 7th Avenue Date: 5/27/2021 Miami, FL 33136 a Florida not -for -profit corporation 2 ATTEST: Name(f Marl Yeager Date: 5/27/2021 Title: Senior Grants Manager 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. 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. Camillus House, Inc. Name of Applicant Hilda M. Fernandez: CEO Print name of Certifying Official 5/27/2021 Signature of Certifying Official Date City of Miami STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of physical presence or D. online notarization, this "21 day ,of 7- 2021 by it.:, _ M. ? a iV �2jTitle) of rlit-i.s. ,.s-LV .a a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. My commission expires=r (Print Name) SEAL .407,34c GABRIELLE VAN SPLUNTEREN Notary Public • State of Florida Commission # HH 089325 M,orn;,.. My Comm. Expires May 22, 2025 Bonded through National Notary Assn. Exhibit E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, 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 judgment 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. Camillus House, Inc. Applicant/Agency Hilda M. Fernandez; CEO Print Name of Certifying Official 5/27/2021 Signature of Certifying Official Date City of Miami STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this day of fv10.1/ , 2021 by ' ''.b M . 'x-Y (Title) of I i ii.-U .1- 4)V , a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced, as identification. My commission expires oe2,1 M (Print Name) SEAL GABRIELLE VAN SPLUNTEREN M Notary Public - State of Florida Commission N HH 089325 ge, My Comm. Expires May 22, 2025 Banded through National Notary Assn, I Exhibit F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami By Hilda M. Fernandez; Chief Executive Officer (Print this individual's name and title) for Camillus House, Inc. (Print name of entity submitting statements) whose business address is 1603 NW 7th Avenue. Miami, FL 33136 and whose Federal Employer Identification Number (FEIN) is 65-0032862 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 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. 1 understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list: (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (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. City of Miami STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of M"physical presence or ❑ online notarization, this "2- day of gL'}� , 2021 by •� -i,_ a :., rel2A+..ndu%� , (Title) of 44 t'LL,' ..f•-1.%71# a Florida 'ILA - for -profit for -profit corporation, on behalf of the corporation. He/she is personallyknown tt me or has produced as identification. NOTAR . LIC: (Signature My commission expires 'L:D (Print Name) SE GABRIELLE VAN SPLUNTEREN `° gl Notary Public • State of Florida gj Commission 1 HH 089325 My Comm. Expires May 22, 2025 Bonded through National Notary Assn. 0 Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR 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 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 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 THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAYBE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES" 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. CGACGRb® A `�VP�R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 6/5/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Artex Risk Solutions, Inc. (CB) 2850 Golf Road, 5th Floor Rolling Meadows IL 60008-4050 CONT NAMEACT Christian Brothers Services PHONE FAX (NC. No. Ext): 800-807-0300 (Arc, No): 630-378-2508 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Old Republic Insurance Company 24147 INSURED CHRIBRO-14 Brothers of the Christian Schools & Affiliates Loc#1176001 CAMILLUS HOUSE INC 1205 Windham Parkway Romeoville IL 60446-1679 INSURERB: Old Republic Union Insurance Company 31143 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1163778766 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXPD/ (MM/DYYYY! LIMITS B X COMMERCIAL GENERAL LIABILITY Y N 822100 1325596 6/15/2021 6/15/2022 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTE PREMISES (Ea occur ence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - PRO PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE X X UABILITY ANY AUTO OWNED Xy SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y N MWTB 21543 6/15/2021 6/15/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y I N NIA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ B B Ltd. Prof. HealthCare-Claims Made Excess Automobile Liability N N N N 822100 1325596 822100 1325596 6/15/2021 6/15/2021 6/15/2022 6/15/2022 $1,000,000 Occur. Occurrence $1,000,000 Aggreg. $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Only the General Liability Coverage will apply on a Pr mary and Non -Contributory basis (per attached endorsement) if required by fully executed written contract. Certificate Holder is added as Additional Insured (per attached endorsement) for General Liability and Automobile coverages solely, strictly and specifically with regards to: City of Miami Contracts. City of Miami is added as Additional Insured where required by contract. CERTIFICATE HOLDER CANCELLATION The City of Miami 444 SW 2nd Avenue 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 44011 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AR o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) DATEDIV 021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 1000 Corporate Drive Suite 400 Fort Lauderdale FL 33334 CONTACT PHONE FAX IA/C. No, Extl: 954-938-8788 (A/C, No): ADDRESS: certificates@mma-fl.com INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: RetailFirst Insurance Company 10700 INSURED CAMILHOUSEI Camillus House Inc. 1603 NW 7th Avenue Building G Miami FL 33136 INSURER B : INSURER C : INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1560235774 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 LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS-COMP/OPAGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A 52058602 1/1/2021 1/1/2022 X STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) re: Day Center Agreement and Pottinger Shelter Program Proof of Insurance only. CERTIFICATE HOLDER CANCELLATION City of Miami 3500 Pan American Drive Miami FL 33133 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 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person(s) or Organization(s): All persons or organizations as required by contract or agreement With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured is changed with the addition of the following: Each person or organization shown in the Schedule for whom you are doing work is an "insured". But only for "bodily injury" or "property damage" that results from the ownership, maintenance or use of a covered "auto" by: 1. You; 2. an "employee" of yours; or 3. anyone who drives a covered "auto" with your permission or with the permission of one of your "employees". However, the insurance afforded to the person or organization shown in the Schedule shall not exceed the scope of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage and/or limits required by the contract or agreement. PCA 001 10 13 MWTB 21543 Religious and Charitable Risk Pooling Trust 06/15/2021 - 06/15/2022 OLD REPUBLIC UNION INSURANCE COMPANY Attaching to and forming part of Policy No. 822100 1325596 Named Insured: THE RELIGIOUS AND CHARITABLE RISK FOOLING TRUST OF THE BROTHERS OF THE CHRISTIAN SCHOOLS AND AFFILIATES Effective date of this endorsement is June 15, 2021 THIS ENDORSEIVIENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under SECTION II INSURING AGREEMENT C, GENERAL LIABILITY COVERAGE defined w ithin the Coverage Agreement SECTION 1:Schedule Name of Additional Insured Persons(s) or Organization(s): Designated Location(s)OfCovered Operations: ANY PERSON OR ORGANIZATION WHEN YOU HAVE AGREED IN A WRITTEN CONTRACT FOR THAT PERSON OR ORGANIZATION TO BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. If no entry appears above, information required to complete this endorsement ill be shown in the Certificate of Coverage as applicable to this endorsement. Section II Ins uring Agreement C -Nam e of Insured Amended A. Who Is An Ins ured defined in the General Insurance Agreement is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule above, but only w ith respect to liability in the performance of the Named Insured's ongoing operations forthe Additional Ins ured(s) at the Location(s) designated in the Schedule above for "bodily injury" or "property damage", caused in w hole or in part, by the Named Insured's acts or omissions w hbh takes place after the execution of aw ritten agreement with the Additional Insured(s). B. For the coverage provided by this endorsement: the following paragraph is added to Section IV —General Conditions, Section II, Insuring Agreement C-General Liability. This insurance is primary insurance as respects to this coverage to the additional insured person or organization, w here the w ritten contract or w ritten agreement requires that this insurance be primary and noncontributory. In that event, w e w ill not seek contribution from any other insurance policy available to the additional insured on w hich the additional insured person or organization is a Named Insured. C. Who Is An Ins ured is also amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, w ith respectto liability for "bodily injury" or "property damage" caused, in w hole or in part, by the "Named Insured's work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard'. The most w ewill pay is the amount of insurance required by thew ritten contract orthe amount of applicable limits of insurance under this policy; w hichever is less. This Insurance does not apply to any claims or suits seeking damages, including defense, arising out of, directly or indirectly, from any actual or alleged participation in any act of sexual misconduct, sexual harassment, sexual molestation, sexual abuse or any claim sexual in nature, physical or mental, of any person. Except as amended in this endorsement, this insurance is subject to all coverage terms, clauses and conditions in the polcy to w hich this endorsement is attached and only applies to the extent permitted by law .