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AGREEMENT INFORMATION AGREEMENT NUMBER 24219 NAME/TYPE OF AGREEMENT THE SUNDARI FOUNDATION, INC. DESCRIPTION SOCIAL SERVICES GAP PROGRAM AGREEMENT/HOMELESS SERVICES FOR WOMEN/FILE ID: 12591/R-22-0410/MATTER ID: 22-3317/#40 EFFECTIVE DATE December 15, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/15/2022 DATE RECEIVED FROM ISSUING DEPT. 12/29/2022 NOTE CITY OF MIAMI 8,14.al DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: MONICA GALO EXT. 1976 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The Sundari Foundation, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ® NO TOTAL CONTRACT AMOUNT: $ 31,500.00 FUNDING INVOLVED? E 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 TRIEF SUMMARY): Contract in the amount of $31,500.00 in SSG funding to The Sundari Foundation, Inc. for the implementation of Homeless Services for Women Program. For additional information pleasesee Resolution attached.! __....�..__ COMMISSION APPROVAL DATE: 10/27/2022 FILE ID: 12591 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-22-0410 N/A ROUTING INFORMATION Date ' LEASE I AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 12/1/22 PRINT: RO ERTO T OE - SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARI SHARPE Digitaltysigned by Quevedo, SIGNATURE: Quevedo, Terry .....2022.12.01 11:30:15 j -05'00' SUBMITTED TO CITY ATTORNEY (JCP / 22-3317) 12/8/22 PRINT: VICT RIA; ENDEZ • ,►_ SIGNAT A-'erez �� APPROVAL BY ASSISTANT CITY MANAGER PRINT: LARRYS'RI SIGNATURE: RECEIVED BY CITY MANAGER �•'� U �ai PRINT: ART IEGA SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY"S OFFICE, 3) REMAINING ORIGINALS) 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, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT SOCIAL SERVICES GAP PROGRAM ("SSG") AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this L1- day of 20 22 , between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & The Sundari Foundation, Inc. a Florida not for profit corporation (hereinafter referred to as the "RECIPIENT"). FUNDING SOURCE: Social Services Gap Program CFDI # (If applicable): N/A AMOUNT: $ 31,500.00 TERM OF AGREEMENT: Effective date of this agreement is October 1, 2022 PROJECT NUMBER: to September 30, 2023 UEI (SAM#): P60K8FKEG8 AGENCY'S ADDRESS: 217 NW 15th Street Miami, FL 33136 NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement 1 Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements 1.2 DEFINED TERMS. As used herein the following terms shall mean: Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the RECIPIENT 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. SSG Program: Social Services Gap Program ("SSG") Department: The City of Miami Department of Housing & Community Development. Award: Any funds received by the RECIPIENT from any source during the period of time in which the RECIPIENT is performing the obligations set forth in this Agreement. Low -and -Moderate A member of a low- or moderate -income household whose Income Person: income is within specific income levels set forth by U.S. HUD. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY' s execution of this Agreement: 2.1 The Work Program submitted by the RECIPIENT 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 RECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable 2 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 RECIPIENT under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the RECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A. list of key staff person (with their titles) who will carry out the Work Program. 2.4 Completion of an Authorized Representative Statement. 2.5 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.6 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the RECIPIENT, certified by the RECIPIENT's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.7 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 3.2 EFFECTIVE DATE AND TERM: The_Effective._date_of this _agreement . is____October_1,2022__._ _ .to___September 30, 2023 3.3 OBLIGATIONS OF RECIPIENT. The RECIPIENT 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 policies, procedures, and requirements as prescribed in this Agreement, and as set forth by the CITY. 3 3.4 POLICIES AND PROCEDURES MANUAL. The RECIPIENT is aware of and accepts the Policies and Procedures Manual, as applicable, for Community Development Block Grant ("CDBG") sub -recipients as the official document which outlines the fiscal, administrative and other guidelines which shall regulate the day-to-day operations of the RECIPIENT. The Policies and Procedures Manual for CDBG sub -recipients is incorporated herein and made a part of this Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the RECIPIENT 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 RECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with - work which would have been performed in the absence of this Agreement. ARTICLE IV SSG PROGRAM FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the RECIPIENT 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 RECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the RECIPIENT shall furnish to the CITY original certificates of insurance indicating that the RECIPIENT 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 RECIPIENT at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The RECIPIENT 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/review and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the RECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event that the RECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for SSG 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 RECORDS AND REPORTS 5.1 The RECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the RECIPIENT has met the requirements of the SSG Program. At a minimum, the following records shall be maintained by the RECIPIENT: • -5.1.1 --Records providing a full- description. of each activity assisted or_ undertaken with SSG Program Funds, including its location (if the activity has a geographical locus), the amount of SSG and non -SSG Program Funds budgeted, obligated and expended for the activity. 5.1.2 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with SSG Program Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. 5.2 RETENTION AND ACCESSIBILITY OF RECORDS: 5.2.1 The Department shall have the authority to review the RECIPIENT'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 RECIPIENT at least until the expiration of the Retention Period. All records and reports required herein shall be retained and made accessible as provided thereunder. The RECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The RECIPIENT shall ensure that the Agreement Records shall be 5 at all times subject to and available for full access and review, inspection and audit by the CITY and any other personnel duly authorized by the CITY. • 5.2.2 The RECIPIENT shall include in all the Department's 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 5.2.3 If the CITY or the RECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 5.2.4 The RECIPIENT 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. 5.2.5 The RECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 5.3 PROVISION OF RECORDS: 5.3.1 At any time upon request by the Department, the RECIPIENT 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. 5.4 MONITORING. The RECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the RECIPIENT 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 RECIPIENT as requested by the Department. If a monitoring visit occurs, following such inspection or interviews, the Department will deliver to the RECIPIENT a report of its findings. The RECIPIENT 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 6 correcting the same. The Department will determine, in its sole and absolute discretion, whether or not the RECIPIENT's justification is acceptable. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. The CITY may carry out monitoring and evaluation activities, including visits and observations by CITY staff. The RECIPIENT 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. 5.5 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 RECIPIENT is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the RECIPIENT shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The RECIPIENT shall report to the Department the name,.purpose for and. any and_all other relevant information in connection with any related -party. transaction. ARTICLE VI OTHER SSG PROGRAM REQUIREMENTS 6.1 NON-DISCRIMINATION: The RECIPIENT 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 RECIPIENT 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. 6.2 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the RECIPIENT must transfer to the CITY any unused SSG Program Funds at the time of expiration/termination and any accounts receivable attributable to the use of SSG Program Funds. 6.3 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the RECIPIENT'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 7 to the remedies of the CITY set forth herein, if the RECIPIENT fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement. ARTICLE VII REMEDIES, SUSPENSION, TERMINATION 7.1 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 RECIPIENT, 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 RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 7.1.1 Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 7.1.2 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. 7.1.3 Wholly or partially suspend or terminate the current SSG Program Funds awarded to the RECIPIENT. 7.1.4 Withhold further SSG Program funding for the RECIPIENT. 7.1.5 Take all such other remedies that may be legally available. Notwithstanding any other provision of this Agreement, if the RECIPIENT fails to comply with any term of this Agreement, the RECIPIENT, 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 RECIPIENT' s control, acquired or improved in whole or in part with SSG Program Funds (including SSG -- Program Funds provided to the RECIPIENT in the form of a loan and/or grant), less any portion of the value attributable to expenditures of non -SSG Program funds for the acquisition of, or improvement to, the property. The payment is program income to the City. 7.2 SUSPENSION: 7.2.1 The Department may, for reasonable cause, temporarily suspend the RECIPIENT's operations and authority to obligate funds under this Agreement or withhold payments to the RECIPIENT pending necessary corrective action by the 8 RECIPIENT, 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 SSG Program Funds by the RECIPIENT; (ii) Failure by the RECIPIENT to comply with any term or provision of this Agreement; (iii) Failure by the RECIPIENT to submit any documents required by this Agreement; or (iv) The RECIPIENT's submittal of incorrect or incomplete documents. 7.2.2 The Department will notify the RECIPIENT in writing of any action taken pursuant to this Article by electronic mail, 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). 7.3 TERMINATION. 7.3.1 Termination Because of Lack of Funds. In the event the CITY does not have the funds to finance this Agreement, or in the event that the CITY 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 RECIPIENT. Said notice shall be delivered by electronic mail, certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding is reduced for SSG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the RECIPIENT pursuant to this Agreement. 7.3.2 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 RECIPIENT is not compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the RECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 7.3.3 Unless the RECIPIENT's breach is waived by the Department in writing, the Department may, by written notice to the RECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by electronic mail, 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. 9 ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 INDEMNIFICATION. The RECIPIENT 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 RECIPIENT and persons employed or utilized by RECIPIENT in the performance of this Contract. RECIPIENT shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the RECIPIENT shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The RECIPIENT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the RECIPIENT 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 RECIPIENT 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 RECIPIENT, or persons employed or utilized by RECIPIENT. 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 RECIPIENT shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The RECIPIENT 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 RECIPIENT in which the City participated either through review or concurrence of the RECIPIENT's actions. In reviewing, _approving _or_rejecting. any_submissions by the RECIPIENT or other acts of the RECIPIENT, the City in no way assumes or shares any responsibility or liability of the RECIPIEN or Sub - RECIPIENT under this Agreements. 8.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10 8.3 OWNERSHIP OF DOCUMENTS. All documents developed by the RECIPIENT 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 RECIPIENT 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 RECIPIENT pursuant to this Agreement, shall at all times remain the property of the CITY and shall not be used by the RECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 8.4 AWARD OF AGREEMENT. The RECIPIENT 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. 8.5- NON-DELEGABILIT-Y. The obligations undertaken by the RECIPIENT 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. 8.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 8.7 CONFLICT OF INTEREST. 8.7.1 The RECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with SSG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The RECIPIENT 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 RECIPIENT or its employees_ must be disclosed in writing to the CITY. 8.7.2 The RECIPIENT 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) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 8.8 PROCUREMENT. The RECIPIENT shall comply with the procurement standards set by the City of Miami Purchasing Department. 11 8.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the RECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 8.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the SSG Program 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. 8.11 GENERAL CONDITIONS. 8.11.1 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 Avenue, Second Floor Miami, FL 33132 RECIPIENT The Sundari Foundation, Inc. 217 NW 15th Street Miami, FL_33136__ _ 8.11.2 8.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 8.11.3 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. 12 8.11.4 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. 8.11.5 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. 8.12 INDEPENDENT CONTRACTOR. The RECIPIENT 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. 8.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 8.14 RECIPIENT CERTIFICATION. The RECIPIENT 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 RECIPIENT'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 RECIPIENT to act in connection with this Agreement and to provide such information as may be required. 8.15 WAIVER OF JURY TRIAL. Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, 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 RECIPIENT, 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. 8.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the RECIPIENT Agreement, the CITY 13 shall require the RECIPIENT 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 fmancial status report (including all program income). • A final request for payment. • A final inventory of property in the RECIPIENT's possession that was acquired or improved with SSG funds. 8.17 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. 14 ACTION BY WRITTEN CONSENT OF THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS OF THE SUNDARI FOUNDATION, INC. The undersigned, being the Executive Committee of the Board of Directors (the "Board") of The Sundari Foundation, Inc., a Florida not for profit corporation (the "Foundation"), hereby adopt the following resolutions, which resolutions are to have the same force and effect as if passed by a vote of the Board of Directors at a duly called and convened meeting thereof: NOW THEREFORE IT IS RESOLVED, that the Board hereby approves the entry into and performance of: (1) that certain City of Miami Social Services Gap Funding Agreement between the City of Miami, a municipal corporation of the State of Florida ("City"), and the Foundation, to provide funding in the amount of $31, 500 for shelter and support at Lotus House; and (2) all such increases, modifications, amendments, supplements and extensions thereof, as deemed necessary, appropriate or desirable from time to time by the President of the Foundation, Constance Collins, in her sole determination. FURTHER RESOLVED, that the President and Executive Director of the Foundation, Constance Collins, and Director of the Foundation, Isabella De11'Oca, shall be and hereby are authorized, empowered and directed to cause the Foundation to enter and perform the aforesaid agreements (together with such modifications, amendments, supplements and extensions thereof as shall be deemed necessary, appropriate or desirable from time to time by the President of the Foundation, Constance Collins in her sole determination) and take, and the Executive Committee has ratified, all such actions as may be necessary, appropriate or desirable as determined by the President, in her sole determination, to implement, carry out and further the purposes, business, operations and services of the Corporation under said agreements; and Sundari Foundation, Inc. and City of Miami Social Services Gap Funding Agreement Resolution 22-23 Page 1 of 2 FINALLY RESOLVED, that the President of the Foundation and other officers as directed by the President shall be and hereby are authorized, empowered and directed to take any and all other action necessary, appropriate or desirable to implement the foregoing resolutions, and the Board hereby ratifies the same. IN WITNESS WHEREOF, the following Directors, being the Executive Committee of the Board of The Sundari Foundation, Inc., do hereby execute this Action by Written Consent dated as of November 17, 2022 for the purposes therein contained. Constance Collins, Director ALtllAtt- Ad CAA Adriene McCoy, Director dPfl.�f 11 Y l • ohn Sumberg, D{rector 1,, Anastasia Cousins, Director 9ViAvA, / tk_9 " Kim Abreu, Director Dwayne Robinso , Director Sundari Foundation, Inc. and City of Miami Social Services Gap Funding Agreement Resolution 22-23 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. RECIPIENT The Sundari Foundation, Inc. AUTHORIZED REPRESENTATIVE: 217 NW 15th Street Miami, FL 33136 a Florida not -for -profit corporation ATTEST: 11.1"2- N•m""'r 1Kpate: i\ c/12; Name: Date: t Title: ,,,i,, Title: }-'v LL CITY OF MIA 1, a municipal Corporation • e State of Florida Arthur NorieglV City Manager Date: Corporate Seal: ATTEST: odd Hannon Da City Clerk ci-I i 5 a° APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS: Digitally signed by Quevedo, Quevedo, Terry Terry Date: 2022.12.01 11:30:35 -05'00' Ann -Marie Sharpe Risk Management Date: 15 Vict ria Mendez Date: 12/8/22 City Attorney (JCP / 22-3317 - The Sundari Foundation, Inc. - SSG funding - Homeless Serv. for Women Prog. - $31,500.00) litItt tl It It 11111 0 K City of Miami Resolution R-22-0410 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12591 Final Action Date: 10/27/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2022-2023 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910199.481000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, due to the continuous decrease of available Community Development Block Grant funds, public service agencies' funding allocations have been reduced, resulting in a reduction of services to City of Miami ("City") residents; and WHEREAS, pursuant to Section 18-72 of the Code of the City of Miami, Florida, as amended ("City Code"), the City Commission wishes to allocate funding to cover public service program shortfalls for program year 2022-2023 from the Social Service Gap Program fund, Account No. 14010.910199.481000; and WHEREAS, the City's Administration recommends the allocation of funds in the amount of $743,000.00 from the Social Service Gap Program to the agencies specified in Exhibit "A", attached and incorporated ("Agencies"), for public service 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 fully set forth in this Section. Section 2. The City Manager is authorized,' pursuant to Section 18-72 of the City Code, to allocate funds in the total amount of $743,000.00 to the Agencies for public service activities for program year 2022-2023 with said funds being allocated from the Social Service Gap Program, Account No. 14010.910199.481000. Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. 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: 12591 (Revision:) Printed On: 11/15/2022 File ID: 12591 Enactment Number: R-22-0410 APPROVED AS TO FORM AND CORRECTNESS: dez, City iey ) 10/18/2022 City of Miami Page 2 of 2 File ID: 12591 (Revision:) Printed on: 11/15/2022 City of Miami Department of Housing and Community Development Social Service Gap (SSG) Funding Allocation FY2022 "Attachment A" SOCIAL SERVICE GAP (SSG) FUNDING FY2022 Agency Description of Services SSG Funding FY2022 Catholic Charities of the Archdiocese of Miami, Inc. Myers Center Ml ElderlyMeals $ 49,500.00 Centro Mater Child Care Sevices, Inc. Child Care Services $ 49,500.00 Coconut Grove Cares, Inc. Child Care Services $ 49,500.00 Girl Power Rocks, Inc. Youth Service $ 9,500.00 Greater Miami Service Corps Youth Services $ 17,500.00 The Association for Development of the Exceptional, Inc. Handicapped, Mental Health, Elderly Services $ 18,500.00 The Boys and Girls Club of America Youth Services $ 25,000.00 The Liberty City Optimist Club of Florida, Inc. Youth Services $ 23,700.00 The Sundari Foundation, Inc.; Homeless Services for Women $ 31,500.00 Department of Housing and Community Development To Be Allocated $ 468,800.00 Total Allocation: $ 743,000.00 EXHIBIT B WORK PROGRAM HOMELESS SERVICES FOR WOMEN PROGRAM Objective: 1. RECIPIENT understands that although these funds are not Community Development Grant (CDBG), this contract is governed by some of the guidelines set forth by HUD. Therefore, the objective for this activity is assistance to low to moderate income persons by serving a limited clientele as defined in 24 CFR 570.208(a)(2). The HUD matrix code associated with this activity is: 05G (Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, or Stalking) Scope of Services: 1. SUBRECIPIENT will provide homeless services and related services to eligible program participants from October 1, 2022 to September 30, 2023 with funding from the 2022- 2023 SSG Program Year. 2. SUBRECIPIENT will provide the following transitional shelter and support services to a minimum of I cf,.51 eligible program participants: a. Transitional Shelter: Provide housing facilities to homeless women and their infants at the following site: Lotus .House - 217 NW 15th Street, Miami, FL 33136 b. No less than three meals a day, clothing, and other basic human services to residents. c. Offer comprehensive support services such as individual and group counseling, computer classes, job training and placement, medical and mental health services, and access to a wide range of community resources. d. Offer educational workshops and a host of enrichment activities, including arts and crafts, creative writing, yoga, dance, alternative paths to healing, self -exploration, growth and creative expression. e. For pregnant women, offer pre -natal care, birthing and parenting classes, and infant medical care and screening. Other tasks to be performed by the SUBRECIPIENT in connection with the provision of transitional shelter and support services to homeless women include but are not -limited -to, the following: 3. Perform eligibility determination: (24CFR 570.208(a)(1)(i) and 24CFR 570.506) A. Only individuals meeting the following criteria will be considered eligible program participants: a. Be a resident of the Lotus House located at 217 NW 15th Street, Miami, FL 33136 b. A member of a low (extremely low to low) income household c. Must be at least 18 years of age B. SUBRECIPIENT must keep in file proof of the information listed below demonstrating that each program participant is eligible to receive program benefits: a. City of Miami Public Service Application b. Participant's identification card c. Proof of living at the Lotus House i. Include the following print out from the below link: https://www.miami uov.com/Services/Your-Neighborhood/Find-Mv- Commiss ioncrDi strict -Map d. Proof of income e. Copy of Signed Presumed Benefit Letter f. Current HUD Income Limits Chart at the time of client intake. https://v%ww.huduser.gov/portal/datasets/il.html SUBRECIPIENT may replace program participants who stop receiving, program benefits by providing the information required in items 4 a. and b. for the new participant. SUBRECIPIENT will not invoice the City of Miami until the proposed participant is certified as eligible by the City of Miami. 4. At all times, maintain facilities in conformance with all applicable codes, licensing, and other requirements for the operation of day care center and/or youth center. The facilities must be handicapped accessible. 5. Procure services and equipment in a manner that provides, to the maximum extent, practical, open and free competition and in compliance with 24 CFR 84.40-48. 6. Maintain program and financial records documenting the eligibility, attendance, provision of services, and SUBRECIPIENT expenses relative to the youth services as a result of the assistance the CDBG program. 7. SUBRECIPIENT will provide the following program reports to the City: a. A monthly report for the services provided to eligible participants in a form provided by the CITY. This report must include the date range when services were provided, the name of the participant, type of service provided, the last five digits of the participant's social security number and the number of days served. This form must be signed by the Program Manager and Executive Director. b. A final Close -Out (financial report) and inventory report. Authorized 1Represen ative_ jign.tur_e:—. Fkri ane: Cc \{ Nc.P tit t(l �S Title: ?ti 0 t 1 t 1.6 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE ^/ The foregoing instrument was ack owled ed before me by means of physical presence or 0 online notarization, this i day of 20 2.2-by Q,r'no_ C6i lin S of The Sundari Foundation, Inc., a Florida Not For Profit Corporation, on behalf of the corporation. He/she is persona �_ ide. ' ication. [Notary Seal]: ure ofNotar EXHIBIT C COMPENSATION AND BUDGET SUMMARY HOMELESS SERVICES FOR WOMEN PROGRAM A. The maximum compensation under this Agreement shall be $3L500.00. B. SUBRECIPIENT's Budget Narrative, Staff Salary Schedule and Cost Allocation are attached hereto and made part of this Agreement. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (Exhibit B) and Program Budget. D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY by the 10111 of the following month to the following email address hcdrequest@miamiQov.com. miamigov.com. After the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. E. Each written request for payment shall contain a statement declaring and affirming that services were provided to certified program participants and in accordance with the approved Work Program and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. F. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. G. The SUBRECIPIENT must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. I. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records.of-the-SUBRECIP-IEN.T_pertaining_to_any_payments by the CITY. Authorized R prese ve Signatu - • Pr. nt Title: Vim t �u Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The f.re. oing instrument was acknowledged w�ledged before me by means of _ ph sical presence or o online notarization, this ? day of AJOJY 2W 20 ZZby ri.90.'�teti.+�S of The Sundari Foundation, Inc., a Florida Not For Profit Corporation, on behalf of the corporation. He/she is personally known to me or has prod r < ation. JOT Pubic State of F o*ida ; Emily Vies [Notary Seal]: r j Commission H Expires07/27/2024 024171 • Si: is re of Notary CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT ITEMIZED BUDGET NARRATIVE Agency:: The Sundari Foundation, Inc. Contract Period: OCTOBER 1, 2022 - SEPTEMBER 30, 2023 Funding Source: SOCIAL SERVICES GAP (SSG) LINE ITEM DESCRIPTION AMOUNT Staff Salaries Staff Benefits Deputy Director of Clinical Programs - S. Padro FICA MICA WC, Health, Dental, Vision, Unemployment $22,999.98 $3,509.30 Expenses General Shelter Supplies $4,990.72 GRAND TOTAL: $31,500.00 BUDGET FORM I 1 OF 1 CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT APencv: The Sundari Foundation dba Lotus House Womens Shelter STAFF SALARY SCHEDULE Period Covering: October 1, 2022 - September 30, 2023 Employee Name Position Title Social Security nst Ethnicity Type of Employee Pt/Ft Period Budgeted Pay Periods Annual Gross Salary Total Salary Per Pay Period Percent of Salary Charged to City Total Amount Charged to City POrlr Stephanie Padro Deputy Director of Clinical Programs Hispanic FT Bi- Weekly 52 Weeks $100,000.00 $3,846.15 23.00% $31,500.00 otai: BUDGET FORM II 1 OF 1 CI, OF MIAMI DEPARTMENT OF IIOUSING AND COMMUNITY DEVELOPMENT COST ALLOCATION PLAN Budget Form III CITY 0f MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT (NON-NOUSING DEVELOPMENT ONLY) COST ALLOCATION PLAN 11 of 31 LlEanlr DON. 00 S L U E SMAF6S 101 STAFF FICA lug STAEE'MICA 103 STAFF WORKERS COMP STAFF M COMP 105 STAFF GROUP Ln074. 200 PROFE55R3NAL SFR11IL'13 203 AULKT LOST 300 GEN. A AUTO WBIIITY PIS TF3£PIRMHIN11.33 0'4 P,5 024 053 SSO 5 22.94.98 3 142600 33I.50 145.00 194 CwO s wax, oO 3116, llornela 5 2.688.105 71 3 1346614 f 389n.71 5 47 848 22 4 351 A6 f 262.3914 Mterni.D.We 1 634500.09 ® f 065.26 fl 5 22 66T.Q0 2 224.91 6 f 5.300.00 5 4.720.28 6.1, f 4501.00 .1yf 691.05 4 3 H34.33 $ 25.�00 261, f 5.560.00 35, 1AF CC 5 2W.21891 2.413.58 2,903.12 563.W f 269.51 f n13583 ,EON FIm4 DOE. } 2176M.M 5 13693.22 S 3156.14 s S.6T663 f 521.W f 21 563.28 1627, If fr. fie inAm. f 50.121 00 f 11.73 00 f 60.526.00 S 6.000W 1 1ST IS0N lfie ttul6rm'. lnAl Imowcons S 20 4500 6602.00 1029.00 3 1.2400 f S 6.625.00 226, DNS ln�„61 M166 129 306. 10 S 8 016.98 S 1 8T6.96 } 2311165 f 10.73241 f ♦O51W Re C6i1Am, Ttmt FNSP f 309 981,00 S 19,221.00 S f 551103 f 510.IA 5 M 132.00 f 6438100 FPRSA ABl3Br H 0090 f Im 269 00 S 3 386.29 25600 5 I106500 f160.000.00 1 NAP 00 1 121, F9mYimw r Dews 3 699916.87 S 25.453.36 f 6.020.53 f 7.307.57 S 127 25 3 0.4132 277, .WS S r9/01084 S 82 808 6 S S 4 5.21 276.100 00 lH'TRK:TTY SO WATER A SEWER AND GARBAGE , S 11 931.00 0 E(ROPMEM MAINT 611 RLW. MAINIENANL'E 450 EQUIPMENT RENTAL 460 SPACE RENTAL 501 POSTAGE 502 PRINTING OUTSIDE 5 12.991W UM{ s 296.000.00 $ 2.500 W $ 23W IN 504 ADVERTSWO 02 MEMBERSIII(51 510 LOCAL TRAVEL 511 OUT OF TOWN 1RAVEL 521 t11.81 IPY11E.5 522 PROGRAM SUPPLIES 523 1U 000110ENS,. API IR N 1N All. OTIIER 511'11AY 1,111P. U1336103I3*1 • 251 1 4.990.72 1 6.14R31W EN,5 160m fl5 751pm .0368310i.ta AIM M f 19.582 25 S 201w 00 i r _ = hOOM 629 W 5 51603.W f 90911Hb 1 591.00 I 3f WOW 3 2 933.92 S 15118800 855, 18, 250.00 f 9 512.W WAS f 14.WU.W f 399999 32 V06OW W 1924, 3 8 750.00 f 160 936.00 S 383W.W 18,003 W 066, 9my 3 ASCU II 3 CS OM OS 3 361 W S 413100 S '2,161x f l BIAOET 301431111 OF EXHIBIT D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This -undersigned shall require that the language of this certification be included in the --- award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall. certify and disclose. accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Pri t Name: Title: esentative vn5 \\/(Date i2? _._.. - --STATE-OF-FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of LJ" physical presence or ❑ online notarization, this \ day of V .1 -Pi'' 20 by 6 CV1SS ril P C©� 1�'►� of -TT, cc°hdc-}'l nf,' a Ft / (+la} V j'f'0-1-teorporation, on behalf of the corporation. He/she is personally known to me or has produced as identificatio [Notary Seal]: , fin PO& Notary Public State of Florida 4. I , Emily Via My Commies HH 024171 or Expires 07/27/2024 EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the _ offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Authorized Representati e S'gnature: STATE OF FLORIDA COUNTY OF MIAMI-DADE I/EIS 7 The foregoing instrument was ackr owledged before me y means of IQ i<hysical presence or 0 online notarization, this day of 20 by CutA64-n �n i cP C� 1 ► i of AP .�v w lcty { ix) r a i 't, rl. r t dot prDl orporation, on behalf of the corporation. He/she is personally known to me or has produced as ide tification , %) [Notary Seal]: vpr 0eq Notary Public State of Florida `F Emily Viera uy < My Commission HH 024171 �i? op Expires 07/27/2024 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 0_.t (}1— t'vt\( VYlt by (....6"ft\.00(1C l O\\t'AS , Fire �,", Cie \n (Print this individual's name and title) for ` k)'-Y1r'IM6 I cA-YI -#ttti1, \n_. Lt (Print name of entity submitting statements) )yn whose business address is 2-D-1 NkVN``5 `r-' * I y tl CAVY1;1 FL and if applicable is Federal Employer Identification Number (FEIN) is f t 5 2.2 ,4b If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(l)(a), Florida Statutes, mean a violation of any state or federal Iaw'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 inisrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjuiy trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing.Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place, the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative Sign 51, ri Title: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or online ❑ }notarization, ths \ y day of f V �v ''� (Ink) - -V Z 20 2- by (7wS � CC �i ((i �5 of 7ti.r c,,n Gt c.-t, Z d il v% GlaVpk\ a n Corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: Eery Public Stale or Florida Emily Mara yc My 07Commi/27/ssion HH 024171 9}e j Expires 2024 Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & COMMUNITY DEVELOPMENT I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Products/Completed Operations $300,000 Personal and Advertising Injury $300,000 B. Endorsements Required City of Miami included listed as additional insured (endorsement Required) Explosion, Collapse, & Underground Hazard (If Applicable) ContingentLiability/Contractual Liability Premises & Operations Liability Example. "The City of Miami is named additional insured on the general liability. On a primary and non-contributory basis. All policy and conditions apply." II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured Example. "The City of Miami is named additional insured on the automobile liability. Note: If agency does not own any vehicles please submit this stamen on the agency's dated letterhead and signed by the authorized representative. III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits_ of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim $250,000 Policy Aggregate $250,000 V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2na Avenue Miami, FL 33130 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Authorized presentae Si ture: P�{int Name: Cps Title: (/,/ f STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of El physical presence or ❑ on ine notariz ion, this 1 day of I V D V °iM 1-c-A( 20 2-2. by Lj skeV1C ( 0 of TLELa S � oko, v \ v) — ckr-,..a-r a IA_ a (Uc--C-o' ' 'c .4— corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification . [Notary Seal]: eNofery i State of Florida My Commlaaion HH 024171 a Expires 07/27/2024 Suture ofNooary AC®Rb® CERTIFICATE OF LIABILITY INSURANCE L,./' DATE(MM1oolYY1Y) 08/26/2022 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 po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s), PRODUCER Brown & Brown of Florida, Inc. P.O. Box 2412 Daytona Beach FL 32115-2415 CONTACT Marlene Randall NAME: PHONE (386) 239-7257 FAX (386)323-9151 (Ale, No, Eat): (A/C, No): E-MAIL Marlena:Randall@bbrown.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL B INSURER A: Alliance of Nonprofits for Insurance 10023 INSURED Sunder' Foundation, Inc., DBA: Lotus House 3921 ALTON RD 1/468 MIAMI BEACH FL 33140 INSURER B': Associated Industries Insurance Company, Inc. 23140 INSURER C: INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: 2022-23 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 TYPE OF INSURANCE ADULSUHH INSD WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERALLIABILITY 2022-49109 08/30/2022 08/30/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE IXIOCCUR DAMAGE TO RENTEO PREMISES (Ea occurrence) S 1,000,ODD MED EXP (Any one person) $ Excluded PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATE X LIMIT APPLIES PER: PRO- ❑ POLICY I I JECT LOC OTHER: GENERALAGGREGATE $ 3,000,000 PRODUCTS -COMPIOPAGG S 3,000,000 ABUSE/MOLESTATION S 1 mi1/3 mil A AUTOMOBILE X 0", LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY HIRED — X SCHEDULED AUTOS AUTOS ONLY 2022-49109 08/30/2022 08/30/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,0130,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY accidenDAMAGE S PIP S 10,000 A X UMBRELLA LIAB EXCESS LIAB ^ OCCUR CLAIMS -MADE 2022-49109 08/30/2022 08/30/2023 EACH OCCURRENCE S 5,000,000 AGGREGATE S 5,000,000 DED X RETENTIONS 10,000 Improp Sexual Conduct $ 2,000,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYER ANY PROPRIETOR/PARTNER/EXECUTIVE YNN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Eyes, describe under DESCRIPTION OF OPERATIONS below NIA TWC4139772 _ 08/30/2022 08/30/2023 X PER STATUTE OTH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE S 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 • A HOST LIQUOR PROF MEDICAL LIAB - - _ 2022-49109 -- 08/30/2022- 08/30/2023 HOST LIQUOR MED, LIAB_ _ 1,000,000 - 1 mi1/3 mil DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101,Additional Remarks Schedule, may be attached If more space Is required) CITY OF MIAMI IS ADDITIONAL INSURED ON THE GENERAL LIABILITY, ON A PRIMARY AND NON-CONTRIBUTORY BASIS; PER FORMS _C,G20261219. AND ANIRRGE020117;ANDADDITIONALINSURED ON -THE AUTO LIABILITY, -ON APRIMARYAND NON -CONTRIBUTORY -BASIS, PER -------- ---- ----- FORMS ANI-E009 10 18 AND AN I-RRG Al 03 91. CERTIFICATE HOLDER CITY OF MIAMI 444 SW 2ND AVE MIAMI I 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 rr UV , ACORD 25 (2016/03) ©198B-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ate' AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Brown & Brown of Florida. Inc. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED Sundari Foundation, Inc., DBA: Lotus House EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes NAMED INSURED.SCHEDULE: SUNDARI SUPPORTING FOUNDATION INC. LOTUS CHILDREN'S SERVICES LLC LOTUS BLOSSOMS HEALTH CARE LLC LOTUS ENDOWMENT FUND INC. LOTUS HOUSE THIFT LLC LOTUS WELLNESS CENTER LLC. LOTUS VILLAGE DEVELOPMENT LLC LOTUS SUPPORTING FOUNDATION INC. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD