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HomeMy WebLinkAbout24423AGREEMENT INFORMATION AGREEMENT NUMBER 24423 NAME/TYPE OF AGREEMENT CARRFOUR SUPPORTIVE HOUSING, INC. DESCRIPTION HOPWA AGREEMENT/PROJECT BASED OPERATING SUPPORT FOR HARDING VILLAGE/FILE ID: 12047/R-22-0247/ MATTER ID: 23-286/#5 EFFECTIVE DATE May 4, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/5/2023 DATE RECEIVED FROM ISSUING DEPT. 5/10/2023 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: Carrfour Supportive Housing, Inc. (LRB) IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ® NO TOTAL CONTRACT AMOUNT: $ 18,900.00 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ MAINTENANCE AGREEMENT GRANT AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): N/A PURPOSE OF THE ITEM (BRIEF SUMMARY): Contract in the amount of $18,900.00 in HOPWA — Project Base, funding to Carrfour Supportive_ Housing, Inc. (LRB) for the implementation of HOPWA- Project Base services. For additional informationplease see Resolution attached.. COMMISSION APPROVAL DATE: 7/19/22 FILE ID: 12047 ENACTMENT No.: R-22-0247 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION . Date PLEA -SE PRINT AND SIGN r APPROVAL BY DEPARTMENTAL DIRECTOR 1/27/23 PRINT: ROBERTO ,AZOE SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARIE SHARPE `o,9,mYv9�byQ.�edo. SIGNATURE: Quevedo, Terry �aK�02301.27133543-0500 SUBMITTED TO CITY ATTORNEY 4/19/23 PRI : VIC `' RIA MEN SI •'E APPROVAL BY ASSISTANT CITY MANAGER PRINT: LARRY SPRING SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ART NORIEGA 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 Date: January 27, 2023 From: Monica Galo Contact Person Housing & Community Dev Requesting Client Administrative Aide 305-416-1976 Title Telephone Legal Service Requested: HCD-2023-0008 Enclosed please find agreement between Carrfour Supportive Housing, Inc. (Little River Bend) and the COM for the implementation of the HOPWA Project -Base program. 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. ❑ Pub'jish opinion after issuance. Authorizedoberto 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: Comments: Copy returned to Requesting Client Ultimate Client: D / R Date: Type: Matrix: Category: Copy to Ultimate Client rev. 06/17/2011 CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT (HOPWA) AGREEMENT PROJECT BASED OPERATING SUPPORT FOR HARDING VILLAGE This Agreement (hereinafter the "Agreement") is entered into this day of , 2030between the City of Miami, a municipal corporation of the State of Florida ereinafter the CITY), & Carrfour Supportive Housing, Inc. a Florida not for profit corporation (hereinafter referred to as the PROJECT SPONSOR). FUNDING SOURCE: Housing Opportunities for Persons with AIDS (HOPWA) CFDA # (If applicable): HOPWA —14.241 AMOUNT: $ 25,200.00 TERM OF AGREEMENT: Effective date of this agreement is October 1, 2022 PROJECT NUMBER: UEI (SAM)#: AGENCY'S ADDRESS: to September 30, 2023 QA4LNGJ657G3 1398 SW 1st Street, 12th Floor Miami, FL 33135 1 VITNESSETI -""� ._-. __ WHEREAS, the Housing Opportunities for Persons With AIDS (HOPWA) Program was created under the AIDS Housing Opportunity Act, and revised under the Housing and Community Development Act of 1992; and WHEREAS, 24 CFR 574, Subpart B, stipulates that the most populous unit of general local government in an Eligible Metropolitan Statistical Area (EMSA) be the applicant for the HOPWA Program funds allocation for the EMSA; and WHEREAS, in Miami -Dade County, the City of Miami is the most populous City, and thereby; the designated applicant for HOPWA Program funds for this EMSA; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROJECT SPONSOR for the provision of HOPWA assistance to very low-income persons living with HIV/AIDS; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and.agree as follows: 1.1 EXHIBITS. Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G ARTICLE I EXHIBITS AND DEFINITIONS Attached hereto and forming a part of this Agreement are the following Corporate Resolution Authorizing Execution of this Agreement 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 574: HOPWA Regulations promulgated by HUD for the HOPWA Program, Final Rule, and any changes thereto. 2 Agreement Records: - Any and all books,- records, documents, information; -data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROJECT SPONSOR or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: Department of Housing & Community Development. Federal Award: Any federal funds received by the PROJECT SPONSOR from any source during the period of time in which the -PROJECT SPONSOR is performing the obligations set forth in this Agreement. HOP WA Program: Housing Opportunities for Persons with AIDS Program. Low -and -Moderate A member of a low- or moderate -income household whose Income Person: income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC 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 PROJECT SPONSOR to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the PROJECT SPONSOR. It should specifically describe the activities to be carried out as a result of the expenditure of HOPWA Funds. Where appropriate it should list measurable. objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives play an essential. role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measur i gactual progress during 3 the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively _monitor performance by .the PROJECT SPONSOR. under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROJECT SPONSOR's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROJECT SPONSOR's corporate personnel policies and procedures. 2.8. Job description and resumes for all positions funded in whole. or in part under this Agreement. 2.9 Copy of the PROJECT SPONSOR's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROJECT SPONSOR, certified by the. PROJECT SPONSOR's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the HOPWA program under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit 'Requirements for Federal Awards; acceptance ofregulations contained under24 CFR 574 and the Final rule and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY. AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DA fE AND TERM: The Effective date of this agreement is October 1, 2022 to September 30, 2023 4 UifiT A TONS Ul YlZUJ T SY(�NSOiZ. '1'lie-Y1ZUJECT {SPONSOR shall cariy out the services and activities as prescribed in its Work Program, which is attached and incorporated orated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and. the CITY. 3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current Federal regulations as may be amended. The PROJECT SPONSOR is aware of and accepts the Policies and Procedures Manual for the HOPWA Grant as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the PROJECT SPONSOR. The Policies and Procedures Manual for the HOPWA Grant is incorporated herein and made part of this Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the PROJECT SPONSOR shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the PROJECT SPONSOR shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitutionof finds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROJECT SPONSOR shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Work Program: ■ The addition of any positions not specifically listed in the approved Itemized Budget. ▪ The modification or addition of any job descriptions. ▪ The purchase of any non -expendable personal property. ■ The disposition of any real property, expendable personal property or any non - expendable personal property. ® Any out-of-town travel not specifically listed in the Itemized Budget. • The use of program income in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. ■ The disposal of any Agreement Records. ARTICLE IV 5 ��N'U1Vll1N(i A1Vll�ll1S13UKS1+:M1;N'1' 1�;Q1JIKE:MEN"I'S w 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROJECT SPONSOR shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the PROJECT SPONSOR shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROJECT SPONSOR shall furnish to the CITY original certificates of insurance indicating that the PROJECT SPONSOR is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the PROJECT SPONSOR at any time during the performance of this. Agreement and for a period of five (5) years after its expiration/termination. The PROJECT SPONSOR agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related 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 PROJECT SPONSOR are subject to reduction for overpayments on 'previously submitted invoices. 4.4 .RECAPTURE OF FUNDS. The CITY reserves. the right to recapture fiords in the event that the PROJECT SPONSOR shall fail: (i) to comply with the.terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of fiords and continued authorization for HOPWA Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROJECT SPONSOR shall adhere to the following audit requirements: 5.1.1 If the PROJECT SPONSOR expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that 6 year. Such Audit` must —be conducted n accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the PROJECT SPONSOR elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROJECT SPONSOR expends federal awards under only one federal. program and the federal program's, statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the PROJECT SPONSOR, the PROJECT SPONSOR may elect to have a Program -Specific Audit conducted in accordance with 2 CFR 200.507 "Program -Specific Audits'. The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of • internal controls over the Federal program consistent with the requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROJECT SPONSOR has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements of 2 CFR 200.514(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 PROJECT SPONSOR in accordance with the requirements. of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the requirements of 2 CFR 200.516 "Audit findings". The -auditor's report(s) must state that the audit was conducted in accordance with this.2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether. the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; 7 A report on mternat control related to fhe Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as. to whether the PROJECT SPONSO.R complied with laws, regulations, and the terms and conditions of Federal awards which could have. a direct and material effect on the Federal program; and (iv) A schedule. of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROJECT SPONSOR expends less than $750,000 in federal funds during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The CITY, however, may request the PROJECT SPONSOR to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed .or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to, the CI"TY 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 tenns of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The PROJECT SPONSOR shall establish and maintain sufficient records to enable the CITY to determine whether the PROJECT SPONSOR has met the requirements of the HOPWA Program. At a minimum, the following records shall be -maintained by the PROJECT SPONSOR: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with HOPWA funds, including its location (ifthe activity has a geographical locus), the amount of HOPWA funds budgeted, obligated and expended for the activity, and the specific provision in the HOPWA Program regulations under which the activity is eligible. o:i`._ tccuius'ucttiurisii�iiing inarciienifiled diijiuiiifgre iteriaeSalbrtirif he-frOP\NA Manual and that such information is provided in the form required in same. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOPWA funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to. attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 U), and 24 CFR part 75, relative to the hiring and training of low- and very low-income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of 24 CFR 574. 6.1.5 Records required to be maintained in accordance with other -applicable laws and regulations set forth in 24 CFR 574. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the. PROJECT SPONSOR's records, including project. and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). AlI books of account and supporting documentation shall be kept by the PROJECT SPONSOR at least until the expiration of the Retention Period. The PROJECT SPONSOR shall maintain records sufficient to meet the requirements of 24 CFR 574. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROJECT SPONSOR further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records, as may be limited by 24 CFR 574.440 pertaining to the confidentiality of program participants. The PROJECT SPONSOR shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The PROJECT SPONSOR shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit 9 -tap-if-ernenr5 ue<<uietiltrmistigreernenf:' Ine-Uepartinent Shan" discr-"etion 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 PROJECT SPONSOR has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2...4 The PROJECT SPONSOR shall notify the Department in writing both during the term of this .Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROJECT SPONSOR shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION. OF RECORDS. 6.3.1 At any time upon request by the Department, the PROJECT SPONSOR shall provide- all Agreement Records to the Department. The requested. Agreement Records shall become the property of the 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 -fee, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Work Program for public purposes. 6.3.2 If the PROJECT SPONSOR receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROJECT SPONSOR shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon 'such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROJECT SPONSOR shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the PROJECT SPONSOR which are in any way connected to the activities undertaken pursuant to the terns of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROJECT SPONSOR. Following such inspection or interviews, the Department will deliver to the PROJECT SPONSOR a report of its findings. The PROJECT 10 -SrvivSvt� wit redily aii uerieierib es-ciiea-oyttie kpaftn eni*itnin the s}iec tieciperibn"ottiirie 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 PROJECT SP.ONSOR's justification is acceptable. At the request of the CITY, the PROJECT SPONSOR shall transmit to the CITY written statements of the PROJECT SPONSOR's official policies on specified issues relating to the PROJECT SPONSOR's. activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROJECT SPONSOR shall ensure the cooperation of its employees and its Board Members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, .shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the PROJECT SPONSOR is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROJECT SPONSOR shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The SUBPROJECT SPONSOR shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROJECT SPONSOR shall submit to the CITY, on a quarterly basis, a Work Program Status Report. ARTICLE VII OTHER HOPWA PROGRAM REQUIREMENTS 7.1 The PROJECT SPONSOR shall maintain current documentation that its activities are HOPWA eligible in accordance with 24 CFR Part 574. 7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively demonstrates. that each activity assisted.in whole or in part with HOPWA funds is an activity which provides benefit to low income persons living with HIV/AIDS. 7.3 The PROJECT SPONSOR shall comply with all applicable provisions of 24 CFR Part 574 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The. PROJECT SPONSOR shall cooperate with the Department in attending meetings at the request of the Department and to provide information as. requested or required to the Department. 1l JPONS R --seine;16 re grealeSC p-osSib e, fe OW4iid2inoderate-i -Come residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The PROJECT SPONSOR shall not discriminate on the basis of race, color, national origin, sex; religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the PROJECT SPONSOR agrees that no otherwise qualified individual shall,. solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation .in, be denied benefits of, or be: subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The PROJECT SPONSOR shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The PROJECT SPONSOR shall abide by the Federal .Labor Standards provisions of HUD Form 4010 incorporated herein as part of this Agreement. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROJECT SPONSOR shall comply with the requirements. and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROJECT SPONSOR is or was created by a religious organization, the PROJECT SPONSOR agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 574. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, HOPWA assistance may not be used for religious activities as provided in 24 CFR Part 574. The PROJECT SPONSOR shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the PROJECT SPONSOR must transfer to the CITY any unused HOPWA funds at the time of expiration/termination and any accounts receivable attributable to the -use of HOPWA fiends. Notwithstanding any other provision of this Agreement, if the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the PROJECT SPONSOR, at the sole discretion of the CITY, shall pay to the CITY an amount equal to the current. market value of any real property, under the PROJECT SPONSOR's control, acquired or improved in whole or in part with .HOPWA Funds (including HOPWA Funds provided to the PROJECT SPONSOR in the fonn of a loan and/or grant), less any portion of the value attributable to expenditures of non-HOPWA 12 rungs Tor me acquisiuon or, -or improvement to, me property. the payment"is program income fo the CITY. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROJECT SPONSOR's receipt of notice from the CITY (by certified or registered rnail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the PROJECT SPONSOR fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CF.R Part 85.43, as -set forth more fiilly below in Article X ofthis Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROJECT SPONSOR shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) .Describe the activities to be performed; (c) .Present a complete. and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements ofthis Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this. Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROJECT SPONSOR. shall incorporate in all consultant subcontracts the following provision: "The PROJECT SPONSOR is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROJECT SPONSOR. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROJECT SPONSOR shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROJECT SPONSOR shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic 13 activities;'to ensure its compliance wit- tree"requirements, of ttiis"Fig"reetnent. "i tie CITY's review:and confirmation shall be obtained prior to the release of any funds for the PROJECT SPONSOR's Subcontractor(s). 7.13.5 The PROJECT SPONSOR shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to. incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROJECT SPONSOR and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROJECT SPONSOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS. The PROJECT SPONSOR certifies that: (a) The PROJECT SPONSOR possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROJECT SPONSOR's governing body, authorizing the execution of the. Agreement, including all understandings and assurances contained. herein, and directing and authorizing the person identified as the official representative of the PROJECT SPONSOR to act in connection with this Agreement and to provide such information as may be required. (b) The PROJECT SPONSOR shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROJECT SPONSOR shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly -those with whom they have family,. business, or other ties. (d) To the best of its knowledge and belief, the PROJECT SPONSOR and its principals: 14 _ _ " "(�� ' - -are nn�Ppresentiy'aeoarrea,`suspenaeaz proposea-tor aer3arnierit; oecla'red-meligibte, 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 PROJECT SPONSOR which has been directly generated from the use of the HOPWA funds. When such income is generated by an activity that is only partially assisted with the HOPWA funds, the income shall be prorated to reflect the percentage of HOPWA funds used. Program income generated by HOPWA funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY. The PROJECT SPONSOR shall submit to the CITY, if applicable. a Program Income Report on a quarterly basis. The Program Income Report shall identify HOPWA activities in which income was derived and how income has .been utilized. 9.2 REPAYMENTS. Any interest or other return on the investment of the HOPWA funds shall be remitted to the CITY on a monthly basis. Any HOPWA finds funded to the PROJECT SPONSOR that do not.meet the eligibility requirements, as applicable, must be repaid to the CITY. 15 REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CI.TY 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 PROJECT SPONSOR, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROJECT SPONSON an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROJECT SPONSOR that any payment made in accordance with this Agreement to the PROJECT SPONSOR shall be made only if the PROJECT SPONSOR is not in default under the terms of this Agreement.. If the PROJECT SPONSOR is in default, the CITY shall not be obligated and shall not pay to the .PROJECT SPONSOR any sum whatsoever. If the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROJECT SPONSOR, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of fiends and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current HOPWA funds awarded to the PROJECT SPONSOR. 10.1.4 Withhold further grants and/or loans for the. PROJECT SPONSOR. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause temporarily suspend the PROJECT SPONSOR's operations and authority to obligate funds under this Agreement or withhold payments to the PROJECT SPONSOR pending necessary corrective action by the PROJECT SPONSOR. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the HOPWA funds by the PROJECT SPONSOR; (ii) Failure by the PROJECT SPONSOR tb comply with any term or provision of this Agreement; 16 .raintre oyAurc riwiB�i :brvivjv:n-to-suuiniiany aacumehts required"by — - this Agreement; or (iv) The PROJECT SPONSOR's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROJECT SPONSOR's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROJECT SPONSOR in writing ofany action taken pursuant to this Article, by certified mail, return receiptrequested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the. necessary corrective action(s). 10.3 TERMINATION. 10.3 1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROJECT SPONSOR. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the HOPWA Program, the CITY shall :determine, in its sole and absolute discretion, theavailability of funds for the PROJECT SPONSOR pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROJECT SPONSOR is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROJECT SPONSOR to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROJECT SPONSOR's breach is waived by the Department in writing, the Department may, by written notice to the PROJECT SPONSOR, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person l7 treiivery With- proof of:de fyery. wdiVer or nreacn of ally" provtsidn of ftiis Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terns 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 PROJECT SPONSOR shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PROJECT SPONSOR and persons employed or utilized. by PROJECT SPONSOR in the performance of this Contract. PROJECT SPONSOR shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the PROJECT SPONSOR shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The PROJECT SPONSOR expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided by the PROJECT SPONSOR shall in no way limit. the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROJECT SPONSOR to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and. all suits and actions of every name and description which may be brought against the City whether performed by the PROJECT SPONSOR, or persons employed or utilizedby PROJECT SPONSOR. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The PROJECT SPONSOR shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The PROJECT SPONSOR agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the PROJECT SPONSOR in which the. City participated either through review or concurrence of the PROJECT SPONSOR's actions. In reviewing, approving or rejecting any submissions by the PROJECT SPONSOR or other acts of the PROJECT SPONSOR, the City in no way assumes or shares any responsibility or liability of the PROJECT SPONSOR or Sub -PROJECT SPONSOR under this Agreements. 18 —z - "rs"."FY 1 :L ""'--1ti1V1J:�1VL1V1L"1Y1 J:-`1 U"�i11lGl1ll.l ll Gll lJ✓l.lt'L111S iC CCCIIICII Si1'[Ii1 E bihu b-Un1 eSS rn 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 PROJECT SPONSOR under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the CITY. The PROJECT SPONSOR agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by -and between the parties that any document which is given by the CITY to the PROJECT SPONSOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROJECT SPONSOR for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROJECT SPONSOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has notoffered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROJECT SPONSOR pursuant to this Agreement shall -not be delegated or assigned to any other person or firm, in whole. or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROJECT SPONSOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOPWA Program funded activities has any personal financial interest, direct or indirect; in this Agreement. The PROJECT SPONSOR further covenants that, in the performance of this Agreement; no person having such a conflicting interest shall be employed. Any such interest on the part 'of the PROJECT SPONSOR or its employees must be disclosed in writing to the CITY. 19 '111G Y"1\VJL't.l orvlYavtt 1J aware`o iile'GUI1111CcolliiiferESl it'ws Ur^ fie city O Miami (City of Miami, Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it, shall comply in all respects with the terms of the same. 11.7.3 In all other cases, the PROJECT SPONSOR shall comply with the standards contained within 24 CFR 574.625. 11.8 .PROCUREMENT: The PROJECT SPONSOR shall comply with the standards contained within 2 'CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROJECT SPONSOR agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the HOPWA funds and sets forth the rights, duties, and obligations of each of the parties hereto. to the other as of its date. Any prior agreements, promises, negotiations; or representations not expressly set forth in this Agreement are of no force or effect. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address. indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI George Mensah, Director Department of Housing R.Community Development One Flagler Building 14 NE 151 Avenue, 2"d Floor Miami, Florida 33132 20 r Ll\J.1"r,k,. 1`SrOJIN l/1N. n Carrfour.Supportive Rousing, 1398 SW 1st Street,12« Floor Miami, FL 33135 11.11.2 Title and paragraph headings are for convenient reference and are. not a part of this Agreement. 11.11.3 In the event of conflict between the terms of this. Agreement and any terrns or conditions contained in any attached documents, the terns 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 ofthe same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same' shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and. effect. 11.12 INDEPENDENT CONTRACTOR. The PROJECT SPONSOR and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective, heirs, executors, legal representatives, successors, and assigns. 11.14 SUBPROJECT SPONSOR CERTIFICATION. The PROJECT SPONSOR certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as .an official act of the PROJECT SPONSOR's 'governing body, authorizing the execution of this Agreement, including all understandings and assurances contained. herein, and directing and authorizing the person identified as the official representative of the PROJECT 21 arvlv'wn iv a. ui-is0iiiivCuuu"'iliii'uiiS'rigcciri-eni"dnu`•l�1pcodiae—siicn inionliauon as"inay b`e required. 11.15 WAIVER OF JURY TRIAL. Neither the PROJECT SPONSOR, nor any assignee, successor, heir or personal representative of the PROJECT SPONSOR, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the PROJECT SPONSOR, nor any other person or entity will seek to consolidate any such.action in which a jury trial has been waived with any other action. Theprovisions, 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 PROJECT SPONSOR Agreement, the CITY shall require the PROJECT SPONSOR to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: ■ A final performance or progress report. • A financial status report (including all program income). • A final request for payment. • A final inventory of property in the PROJECT SPONSOR's possession that was acquired or improved with HOPWA funds. 11.17 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. 22 11� •r A a 1'1 L' vV •Ir la li.twa.' a•, tlri Fait LII.J 1t1.111V IIavC CauJCu t111J illJU U11I Clll tV VC C.SCI.1ILCU oy wen respective officials thereunto duly authorized on the date above written. PROJECT SPONSOR Carrfour Supportive Housing, Inc. 1398 SW 1st Street, 12th Floor Miami, FL 33135 a Florida not -for -profit corporation AUTHORIZED REPRESENTATIVE: ATTEST: tu,,6 Na e: TEPHANIE BERMAN Date: Tit PRESIDENT/CEO CITY OF MIAMI, a municipal Corporation of the State of Florida Art Norie!V City Manager Dat APPROVED AS TO INSURANCE REQUIREMENTS Digitally signed by Quevedo, Quevedo, Terry Ten' Date: 2023.01.2713:36:02 -05'00' Ann -Marie Sharpe Risk Management Date: Jtfr_o P Name: IRENE P. LUZOD Title: Controller Corporate Seal: ATTEST: d Hannon City Clerk LL1-0vv Date: at: 51 ID aa5 APPROVED AS TO FORM AND CORRECTNESS: City Attorney RP #23-286 4/19/23 23 1..V2ir01 l'.t;IcESOf i ! 1U1N WE, THE UNDERSIGNED OFFICERS OF CARRFOUR SUPPORTIVE HOUSING, INC., a Florida not -for -profit corporation, do hereby certify that the following is a true and correct copy of a resolution duly and unanimously adopted by the Corporation on this 21st day of September, 2022. BE IT RESOLVED, that the Chairperson acting on behalf of the Board of Directors of Carrfour Supportive Housing, Inc., in accordance with. the Bylaws of said Corporation, does hereby take the action to sign into contract with the City of Miami for HOPWA funding in the Amount of $18,900 for Little River Bend and $25,200 for Harding Village. BE IT FURTHER RESOLVED, that Stephanie Berman, President/CEO, is hereby authorized and directed to execute such documents necessary or required in connection with this funding. IN WITNESS WHEREOF, I have affixed my name as Chairperson of the Corporation and have affixed the corporate seal of the Corporation to this Certificate on September 21, 2022. Canfour Supportive Housing; Inc., By: ..r, p" Step`Tn Danner Chairperson of the Board of Directors City of Miami Resolution R-22-0247 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigay.com File Number: 12047 Final Action Date: 7/19/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS IN THE AMOUNT OF $12,707,276,00 FOR FISCAL YEAR 2022-2023, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HBV/AIDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the Housing Opportunities for Persons With AIDS ("HOPWA") Program was created under the AIDS Housing Opportunity Act and revised under the Housing and Community Development Act of 1992; and WHREAS, since 1994 the City of Miami ("City") has received HOPWA Program funds from the United States Department of Housing and Urban Development ("HUD") and has been responsible for the implementation of programs designed to provide housing and related services to individuals living with HIV/AIDS in the City and throughout Miami -Dade County; and WHEREAS, the City's Administration recommends the allocation of HOPWA Program funds, in the amount of $12,707,276.00, for Fiscal Year ("FY") 2022-2023, as more particularly specified in Exhibit "A", attached and incorporated, to provide housing assistance and housing related services to low-income individuals living with HIV/AIDS; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The allocation of HOPWA funds in the amount of $12,707,276.00 for FY 2022-2023, as more particularly specified in Exhibit "A", attached and incorporated, to provide housing assistance and housing related services to low-income individuals living with HIV/AIDS,. is authorized.' Section 3. The City Manager is authorized1 to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, for said purpose. 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!): 12047 (Revision:) Printed On: 8/4/2022 File ID: 12047 Enactment Number: R-22.0247 Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 12047 (Revision:) Printed on: 8/4/2022 Exhibit "A" City of Miami Department of Housing and Community Development Allocation of HOPWA Funds FY2022 Program/Agency HOPWA Recommendation FY2022 HOPWA 2022 Entitlement Allocation: $ 12,707,276.00 HOPWA Previous Years Unallocated Funding: $ 2,000,000.00 Total HOPWA Available for 2022: $ 14,707,276.00 I. Program Administration City of Miami - Department of Housing and Community Development $ 356,218.00 la. Technical Assistance Apple Tree Perspectives, Inc. $ 25,000.00 Subtotal: $ 381,218.00 II. Project Based Operating Support Latin Mission Ministries, Inc. (12 units) $ 37,800.00 Carrfour Supportive Housing, Inc. (8 units) $ 25,200.00 Carrfour Supportive Housing, Inc. (6 units) $ 18,900.00 Miami Beach CDC (6 units) $ 18,900.00 Subtotal: $ 100,800.00 III. (a) Tenant Based Rental Assistance Program (TBRA) - Housing Specialist Services, Move -In/ Compliance/ Walk -Through/ Exit & HQS Inspections Center of Information and Orientation, Inc. $ 427,680.00 Care Resource Community Health Centers, Inc. $ 209,952.00 Empower "U", Inc. $ 427,680.00 Sunshine for All, Inc. $ 427,680.00 Spanish American Basic Education and Rehabilitation, Inc. $ 196,344.00 Subtotal: $ 1,689,336.00 IV. (a) Tenant Based Rental Assistance Program (TBRA) - Rental Payments • City of Miami - Department of Housing and Community Development (Payments) $ 11,795,922.00 Subtotal: $ 11,795,922.00 Vi. Short Term Rent Mortgage & Utility Assistance (STRMU) and Permanent Housing Placement (PHP) Program City of Miami - Department of Housing and Community Development (Payments) $ 600,000.00 Care Resource Community Health Centers, Inc. $ 120,000.00 Subtotal: $ 720,000.00 VI. Resource Identification City of Miami - Department of Housing and Community Development $ 20,000.00 Subtotal: $ 20,000.00 Total HOPWA Allocation: $ 14,707,276.00 EYHIBIT B —WORK PROGRAM PROJECT BASED OPERATING SUPPORT 1. PROJECT SPONSOR has agreed to make a total. of 6 units available for occupancy by a certified participant and his or her household. The location of these units are as follows: LOCATION #OF EFFICIENCIES # 1BR UNITS #2BR UNITS 6 TOTAL 6 2. A certified participant is an individual who has provided documentation as to the following: a) Total household income (combined income of Participant and his or her household members) does not exceed eighty (80%) percent of area median income in accordance with the low-income limits established by U.S. HUD annually; b) Participant has received a medical diagnosis of AIDS; and c) Participant meets U.S. HUD's legal status requirements. Furthermore, the PROJECT SPONSOR must ensure that the person or household seeking occupancy in a unit set -aside for Housing Opportunities. for Persons with AIDS ("HOPWA") participants is: a) not otherwise prohibited from participating in the HOPWA Program per the HOPWA Policies and Procedures Manual governing eligibility; b) placed into a HOPWA set -aside unit in accordance with the PROJECT SP.ONSOR`s. Wait List process as approved by the City of Miami; and c) not a PROJECT SPONSOR employee. The City of Miami shall be immediately notified ifa PROJECT SPONSOR employee is currently an occupant of a HOPWA set -aside unit so that the City and PROJECT SPONSOR may assist the employee in locating and moving into other suitable housing. ::z •--". -ys;w-..r.:::.�.:.=,'P_..-.�-��_ a+r_';:'� .r:_".`.Ya-.^:..:"�'.`��: _-___.:::�. 3. PiZt7J1✓t l' SPONSOR agrees to conduct mrtial eligibility certification and annual certification thereafter of all project participants to comply with all .of the regulations specified by U.S. Department of Housing and Urban Development (U.S. HUD) and the City of Miami which are more fully described in the City of Miami HOPWA Policies and Procedures Manual. Documentation of income and legal status verification and eligibility determination shall be submitted and approved by the City of Miami prior to the prospective participant moving into a unit. Such documentation also shall be maintained in the participant's rental file and shall be made available for inspection by the City of Miami HOPWA Program at any time. 4. The. certified participant must pay towards rent an amount equal to thirty (30%) percent of the tenant household's.monthly adjusted income. 5. PROJECT SPONSOR agrees to maintain all assisted units in a safe and sanitary condition by meeting U.S. HUD's Housing Quality Standards for all assisted units. 6. PROJECT SPONSOR's staff will meet with tenants twice a month to ensure that tenant is receiving the medical and support services and to refer tenant to needed services through the tenant's Case Manager., 7. PROJECT SPONSOR also will be expected to: a) Provide monthly reports to the City of Miami regarding changes to the tenant's household composition and income; adjustments to rental assistance and tenant terminations; make an annual report to the City on program activity in a form established by U.S. HUD; and perform any other reporting activity requested by the City; b) Participate in any performance oversight activities organized by the City; c) Attend City of Miami HOPWA Program meetings as needed; d) Participate in mandatory trainings conducted, or required, by the City; and 1 Z, ....: 'ji. b�..au r...vvauiva, ♦• aa.v'.a.�.--.•u. ua"ivD'"°'uYv u"iii`"'v1TliViv"Vi`tll-'�.%alG'�h llll HOPWA funds, complete an HIV/AIDS education course conducted by a Florida Department of Health -approved HIV/AIDS training provider within sixty (60) days of commencement of the contract period or their hire thereafter. Such staff includes management and administrative staff. ENVIRONMENTAL CLEARANCE PROJECT SPONSOR 'shall not commit or "spend any grant 'funds until the City has advised the PROJECT SPONSOR that the proposed work program has received a HUD environmental clearance to proceed. SIGNED: Name: ST PANIE BERMAN Title: PR SIDENT/CEO STATE IF FLORIDA . COUNTY OFF` ie fn 1.- The foregoing instrument was D online njtarization, this .fC.�c� (Title) of corporation. otIda a� Date l s acknowledged before me by means of l physical presence or day of +. , 2022 by fit: CurltC'PrIrrrain a Florida not -for -profit corporation, on behalf of the He/she is personally known to me or has produced as identification. NOTARY PUBLIC: My commission expires I 12S ._frnan (Print Name) SEAL y.4 Beth A. Getman NOTARY PUBLIC t+STATE OF FLORIDA ` Comm# GG367467 NCE 191tl Expires 9/6/2023 EXH1B1'1' C - Ulv1YENSATAiN AND firm —GET SUMMARY —.M1 PROJECT BASED OPERATING SUPPORT A. The maximum compensation under this Agreement shall be $ 18900.00 . B. PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this contract. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (EXHIBIT B) and Program Budget. Each written request for payment shall contain a statement declaring and affirming that services were provided accurately and for certified program participants and in accordance with the approved Scope of Work and Program Budget. All docuinentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. D. PROJECT SPONSOR understands that not more the seven (7%) percent of the administrative expenses can be charged to this program. E. At the time the request is made, all invoices are required to be paid by the PROJECT SPONSOR. All reimbursements must be in line -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the PROJECT SPONSOR for which reimbursement was requested shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. F. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the CITY shall have the right to review and audit the related records of the PROJECT SPONSOR pertaining to any payments by the CITY. S.Ai 11V 1�ill:!LV L -1i vivvUi� iifiw1L uvatTi'Lin:. tctlut,LLVt"luiai"f,JZI}'"[I1G1YL W Ll[C within 30 calendar days following the expiration date or termination date of this_ Agreement in a form provided by the Department. If the PROJECT SPONSOR fails to comply with this requirement, the PROJECT SPONSOR shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the PROJECT SPONSOR as a part of this Agreement and any modifications thereto. Projectonsor: Na e. TEPHANIE BERMAN Tit - PRESIDENT/CEO City of (� STATE OF FLORIDA Dat aa— Dat The foregoing instrument was acknowledged before me by means of"physical presence or ❑ online notarization, this ' day of , 2022 by (Title) of .3 • /cF..- J , a Florida not - for -profit corporation, on behalf of the corporation. He/,,tejLpersonallv known to me or has produced as identification. NOTARY PUBLIC: My commission expires 16)1(2, (Print Name) SEAL �tAR Beth A. Getman 0 NOTARY PUBLIC a Fer a, 3 . s STATE OF FLORIDA t'l $ Comm# GG367467 Expires 9/6/2023 AGENCY: PERIOD BUDGET FORM I CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM CARRFOUR SUPPORTIVE HOUSING, INC. OCTOBER 1, 2022 to SEPTEMBER 30, 2023 FUNDING SOURCE City of Miami HOPWA ITEM DESCRIPTION AMOUNT MAINTENANCE STAFF 3,472 INSURANCE 7,600 REPAIRS/MAINT 3,628 UTILITIES 3,040 GARBAGE/TRASH 1,160 $18,900 1= L3 AGENCY: Budget Fc CITY OF MI DEPARTMENT OF COMMUI (NON -HOUSING DEVEL COST ALLOCATION Care Resource Community Health Care Centers. Inc. Effective Date Line -Item Description % HOPWA City of Miami % HOPWA City of Ft. Lauderdale % Ryan White Miami % 101 STAFF SALARIES — CLASSIFIED 83 153,920 50 $ 79,731 75 $ 2,917,649 200 STAFF MICA 83 2,429 50 - $ 1,157 75 $ 45,732 201 STAFF FICA 83 10,382 50 $ 4,943 75 $ 195,789 202 STAFF WORKERS COMP. 83 553 50 $ 502 75 $ 19,260 203 STAFF UNEMPLOYMENT 83 605 50 $ 102 75 $ 7,117 204 STAFF GROUP HEALTH INS. 83 14,240 50 $ 12,848 75 $ 679,263 206 RETIREMENT STAFF 83 8,373 50 $ 3,986 75 $ 171,690 250 PROFESSIONAL SERVICES 252 AUDIT COST 260 SPECIAL 261 TEMPORARY STAFF 270 INDIRECT COST 100 14,660 100 18206 100 67892 300 DIR. PUB. OFF. BOND 301 GEN. LIABILITY INS. 302 AUTO LIABILITY 303 BONDING 304 OTHER INSURANCE-Long/Short Term/Life 83 4,204 50 $ 800 75 $ 46,846 350 TELEPHONE 360 ELECTRICAL SRVS. 370 GARBAGE 380 WATER & SEWER 400 EQUIPMENT REPAIR TOTAL $ 209,366.00 $ 122,275.00 $ 4,151,238.00 LXklibit 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, anofficer 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 Fonn- 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, loads, 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. CARRFOUR SUPPORTIVE HOUSING, INC. Name of Applicant STEPHANIE BERMAN Print n , e of Certifying Official Sigi a•e of Certifying Official B STATE_OF FLORIDA _ The foregoing instrument was".acknowledged before me by means. of physical presence or D online day of , 2022 by (Title) of Pv-. /�En a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. NOTARY PUBLIC: 1:1-(-)il:J^ature) notarization, this My commission expires C SEAL SPRY , Beth A. Getman v , o NOTARY PUBLIC • �'' 14 STATE OF FLORIDA 3t,. a Commit GG367467 h'• OE AOExpires 9/6/2023 LX111IMt L 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 withina 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. CARRFOUR SUPPORTIVE HOUSING, INC. Applicant/Agency STEPHANIE BERMAN, Print Name of Certifying Official I a)- I DI - Si nature of Certifying Official Date STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, this 22, day of , 1 , 2022 by CliVnan-t PfilCI (Title) of Pre.). LED , a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. NOTARY PUBLIC:. F 44�nca..tiu mar) iknature) (Print Name) My conunission expiresgl(d2 SEAL y , Beth A. Getman NOTARY PUBLIC f STATE OF FLORIDA Comm# GG367467 GE 19Expires 91612023 -Eithibit F—`= v _ SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND S WORN 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 STEPHANIE BERMAN (Print this individual's name and title) for CARRFOUR SUPPORTIVE HOUSING, INC. (Print name' of entity submitting statements) whose business address is 1398 SW lst Street, 12th Floor Miami, FL 33135 and whose.Federal Employer Identification Number (FEIN) is 65-0387766 if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted"' or "convection" as defined in Paragraph 287.133.(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non jury 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: a. A predecessor or successor of a person convicted of public' entity crime; or O. An entity under the control of any natural person who is active in the management of the entity and who has been convicted ofa public entity crime. The feein ==ainriate' ncirtnes`triose ou carg,-ctireciors; execiaifves paffriera;`snarenolaers, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares coristituting 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 which statement applies). V 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). —7 NDET i-Tliicia-'5 dii.` -- riC i i3lVil'3j1111 A'il. 1tY1J t'lifca'W"lIT FfiE "..___�,—.�_� CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH- 1- (ONE) ABOVE IS FOR THE- PUBLIC" ENTI TY 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 CA TEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. r City of i cis-T) % STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of Jphysical presence or 0 online notarization, this day of , 2022 by 5 lC (Title) of . ) CEO , a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced NOTARY PUBLIC: (S as identification. gnature) (Print Name My commission expiresg l/2 SEAL Beth A. Getman NOTARY PUBLIC SSTATE OF FLORIDA Comm# GG367467 Expires 9/6/2023 Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR COMMUNITY DEVELOPMENT I. Commercial General Liability (Prinnmy & 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 1. 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 $50.0,000 for bodily injury caused by disease; policy limit IV. Professional Liability (If Applicable) Each Claim $250,00.0 Policy Aggregate $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 thelatest 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. AR �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/26/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, LLC 22930 Nine Mile Road Saint Clair Shores MI 48080 CONTACT NAME: PHONE . Ext): 586-774-5300 A/C, No): 586-778-2814 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Housing Enterprise Insurance Co, Inc. 11206 INSURED CROSMAN-03 Carrfour Supportive Housing, Inc. c/o Crossroads Management, LLC 1398 SW 1st Street, 12th Floor Miami FL 33135 INSURER B: Arch Specialty Insurance Company 21199 INSURERC: Federal Insurance Company 20281 INSURER D : Underwriters at Lloyd's London 15792 INSURER E: Cincinnati Insurance Company 10677 INSURER F: Hartford Fire Insurance Company 19682 COVERAGES CERTIFICATE NUMBER:221291258 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 (MM/DD/YYYY) POLICY EXP (MM/DDYYY) /Y LIMITS A X COMMERCIAL GENERAL LIABILITY HEICL-208370-226579-2022 10/1/2022 10/1/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X $5,000 ded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES JECTPRO X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY HEICL-208370-226579-2022 10/1/2022 10/1/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B C X — UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UXP1049836-00 79869498 10/1/2022 10/1/2022 10/1/2023 10/1/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 4,000,000 $ DED X RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDEDI (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N - N /A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ D E F Errors & Omissions D&O Crime -Employee Theft ANE4003960-22 EMN0521541 81BDDHE1794 1/20/2022 1/20/2023 6/27/2022 5/31/2023 5/31/2024 6/27/2023 Each Claim/Agg/Ret Each Claim/Agg/Ret Limit/Deductible $1M/$1M/$10,000 $1M/$2M/$15,000 $100,000/$1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Miami is additionally insured with respect to general liability and auto liability arising out of the operations of the named insured. Coverage is afforded for contingent and contractual exposures, and the general liability shall be primary and non-contributory. CERTIFICATE HOLDER CANCELLATION City of Miami Department of Community & Economic Development 444 SW 2nd Avenue 2nd Floor Miami FL 33130 USA 1 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 A/A, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD