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24427
AGREEMENT INFORMATION AGREEMENT NUMBER 24427 NAME/TYPE OF AGREEMENT APPLE TREE PERSPECTIVE, INC. DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/HOUSING ASSISTANCE & RELATED SERVICES TO LOW INCOME INDIVIDUALS WITH HIV/AIDS/FILE ID: 9051/R-21- 0258/MATTER ID: 21-2797/#34 EFFECTIVE DATE January 14, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 1/14/2022 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: Apple Tree Perspectives, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: $ 25,000.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): N/A ❑ YES ® YES ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT ® NO ❑ NO PURPOSE OF THE ITEM (BRIEF SUMMARY): Contract in the amount of $25,000.00 in HOPWA technical support funding to Apple Tree, Perspectives, Inc. for the implementation of HOPWA support services. For additional information' please see Resolution attached.. COMMISSION APPROVAL DATE: 6/24/21 FILE ID: 9051 ENACTMENT No.: R-21-0258 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEAS NT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11/10/21 PRINT: OBERTO AZO , SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MA IE SHARPE Gomez, Frank D;;e",aZ;s;,`;Zo o3 -05� SIGNATURE: -' SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA MENDEZ lja.Lota L. k SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER ll� kill— / IJ( PRINT: FERNANDO,1 AYOR SIGNATUR 7 kii., , , 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 From: Monica Galo Contact Person Date: November 10, 2021 Housing & Community Dev Requesting Client Administrative Aide 305-416-1976 Title Legal Service Requested: HCD-2021-0135 Telephone Enclosed please fmd agreement between Apple Tree Perspectives, Inc. and the COM for the, implementation of HOPWA technical support. 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: ❑ .. . inion in writing. ❑ P ► .lish opafter issuance. Authorized,b, : oberto Tazoe Date response requested by: as soon as possible BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: _ Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 06/17/2011 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND. APPLE TREE PERSPECTIVES, INC. This Professional Services Agreement ("Agreement") is entered into this / liday of 202 y and between the -City of Miami, a municipal corporation of the State of lorida ("City") and Apple 'I'ree Perspectives, Inc., a Florida Profit Corporation ("Provider"). RECITALS WHEREAS, the City is in need of a provider to provide assistance in the development of strategic planning activities to most effectively provide housing assistance and housing related services to low income individuals living with ITV/AIDS, provide support in connection with the Miami -Dade HIV/AIDS Partnership and Housing Committee, and provide technical assistance to the City and project sponsors; and WHEREAS, the City has followed the City's procurement process enumerated in the Code Of the City of Miasi* Florida, as amended, in obtaining authority to enter into a professional services agreement for the services described in Attachment "A," which is attached hereto and incorporated herein ("Scope.of Services" or "Services");.:and WI-IEREAS, the Provider possesses the necessary skills to carry -out the Services and has expressed its desire and willingness to provide such professional Services and has presented their qualifications to the City; and WHEREAS, Provider's Scope of Services has been deemed sufficient by the City's Departthent of Housing and Coniniunity Development; and 1 WHEREAS, the City wishes to engage the Services of Provider, and Provider wishes to perform the Services for the City; and WHEREAS, pursuant to Resolution No. R..21=0258, which was adopted by the City Commission on June 24, 2021, the City and Provider enter into this Agreement, which sets forth the terms and conditions pursuant to which the City will provide the suns of Twenty -Five Thousand Dollars ($25,000.00) to Provider in exchange for Provider_ performing the Services; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS: The recitals are true and correct andare hereby incorporated into and made a part of this Agreement. 2. TERM:. Unless terminated or cancelled, the term of this Agreement shall begin on the Effective Date hereof. The Effective Date for purposes of this Agreement shall be from October 1,2021. The end date of this Agreement shall be September 30, 2022. 3. SCOPE OF SERVICE: A. Provider agrees to provide the Services in accordance with The United States Department of Housing_ and Urban Development ("HUD") regulations and the Scope of Services. B. Provider represents and warrants to the. City that: (i) it possesses all qualifications, licenses, registrations; approvals; and expertise required for the performance of the Services; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits fees, occupational licenses, etc., nor in the performance of any obligations to the City, (iii) all personnel assigned to perforth the Services are and shall be; at all times during the term hereof, fully qualified arid trained to perform the Services described in Attachment "A"; and (iv) the Services will be performed in the manner described in Attachment "A" and in accordance with all HUD requirements, as may be amended from time to time. 4. COMPENSATION: A. The amount of compensation payable by the City to Provider shall be based on the rates and schedules described in Attachment `B," which is attached hereto and is incorporated herein, provided, however, that in no event shall the amount of compensation exceed Twenty -Five Thousand Dollars ($25,000.00). B. Uriless otherwise_ specifically provided in Attachment "B," payment shall, be made within thirty (30) days after City's receipt of Provider's invoice; which shall contain sufficient detail to allow a proper audit of expenditures should City require one to be performed. If Provider is entitled to reimbursement of travel expenses (i.e: Attachment `B" includes travel expenses as. a specific item of -compensation), then all bills fortravel expenses shall be submitted -in accordance. with Section 112.061, Florida Statutes. 5. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any inforinafion, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at al] times remain the property of the City: Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of the. City Manager, which may be withheld or conditioned by the. City in its sole discretion. 6. AUDIT AND INSPECTION RIGHTS: A. The. City may, at reasonable times, and for a period of up to five (5) years following the date' of final payment by the City to Provider under this Agreement, audit, or cause to be 3 audited, those books and records of Provider -which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of five (5) years after final payment is.made under this Agreement. All audits "shall be subject to,.and made in accordance with, the provisionsof Section 18-102 of the Codes of the City:of Miami, as it may be amended or supplemented, from time tei time. B. The City may, at. reasonable times during the term hereof, inspect Provider's facilities. and perform suchtests, as the City deems reasonably necessary, to determine whether the Services required to be provided by Provider under this Agreement conform to the terms hereof. Provider shall make available to the City all reasonable. facilities and assistance. to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 of the Code of the City of Miami, Florida, as it may be amended or supplemented, from time to time. C. If any litigation, claim, negotiation, audit, or other action involving the records has been started beforethe expiration of the aforementioned five (5) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the five (5) year period, whichever -is later. 7. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company 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 any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement: 8. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable -times, to all documents and information pertaining to the City, subject to the provisions 4 of Chapter 119, Florida Statutes, and any specific exemptions there from, and Provider agrees to .allow access -by the City and the public to.all documents subject- to disclosure under applicable law unless there is a specific exemption from such. access. Provider's failure or refusal to comply with the provisions of this Section shall result in immediate termination of the Agreement by the City. Pursuant to the provisions of Chapter 119.0701, Florida Statutes, Provider must comply with the Florida Public Records Laws, -Specifically Provider must: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform -the Services. Provide the public with access to public records on the same ternls-and conditions that the. City would provide the records and at a cost that does not exceed_the cost provided in Chapter 1.19 or as otherwise provided by law. 3. Ensure.that public records that are exempt or "confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost to the City, all public records in possession of the Provider upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. All records stored electronically must be provided to the City in a format compatible with the information technology systems of the City. Provider agrees. that any of the obligations in this Section will survive the tcrrii, termination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS 5 RELATING- TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER. 305-416-1800, EMAIL: PU.BLICRECORDS.@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TI1 FLOOR, MIAMI RIVERSIDE CENTER, 411 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR TIIE CITY'S DEPARTMENT' OF HOUSING AND COMMUNITY DEVELOPMENT CUSTODIAN OF RECORDS AT 14 NE 1 AVE, 2ND FLOOR, MIAMI, FL 33132. 9. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: Provider shall indemnify, save, defend, and hold harmless the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, penalties, fines, •expenses, and costs, including, but not limited to reasonable attorney's fees, (collectively referred to as "Liabilities") caused by the negligence, failure to exercise the applicable standard of care, negligent act or omission, recklessness or intentional wrongful misconduct of Provider and persons employed or utilized by Provider in the performance of this Agreement and will indemnify, save, hold hamlless and defend the City, its officials, Officers, agents, directors and employees against, any civil actions; statutory or similar claims, injuriess-or damages arising, or resulting froth the permitted work, or from failure to comply with any applicable code, statute, ordinance, rule or regulation relating to this Agreement -or performance under it, any breach of contract, any "statutory" or duty of care breaches or violations including 6 any patent or copyright, infringement claims or any other civil actions arising:from this Agreement even -if it is alleged that the City, its officials, employees, agents or representatives were negligent. In the event that any action or proceeding is brought.against City by reason of any suchclaim or demand, Provider shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Provider expressly understands and agrees that any insurance protection required bythis Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save, hold harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Provider to defend at. its own expense to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to, provide for such defense; at City's option, any and all claims of liability and all, suits_ and actions Of every name and description which may be brought against City whether performed by Provider, or persons employed or utilized by Provider. This section (Indemnification) will survive the cancellation, termination or expiration of the Agreement This indemnification will be interpreted under_ the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes; as amended from time to time as applicable. Provider shall require all sub -contractor agreements to include: a provisionthat they will indemnify the City. The Provider agrees and recognizes that the Cityshall not be held liable or responsible. for any claim which may result from any actions or omissions of the Provider in which the City participated. either through review or conciihrencc of the Provider's actions. In reviewing, 'approving or rejecting any submissions by the Provider or other acts of the Provider, the City in 7 no way assumes or shares any responsibility or liability of the Provider or Sub -Contractor, under this Agreement. Ten dollars ($10) of the, payments made.by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is acknowledged by the Provider. 11. DEFAULT: If Provider fails to comply with the terms or conditions of this Agreement or fails to perform any of its obligations .hereunder, then Provider shall be in default. If Provider fails to cure the default within thirty (30) days written notice from City, the City, in addition to all remedies available toit by law, may immediately upon written notice to Provider, terminate this Agreement in accordance with § 13, "CITY'S TERMINATION RIGHTS," of this Agreement; whereupon all payments, advances or other compensation paid by the City to Provider while Provider was in default shall be ini iediately returned to the City. Provider undcrstards and agrees that termination of this Agreement under this section shall not release provider from any obligation accruing prior to the effective date of termination. Should Provider be unable or unwilling to perform the Services withinthe time provided or contemplated herein, then in addition to the foregoing, Provider shall be liable to the City for all expenses incurred by the City in preparation and negotiations of this Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, if applicable, including consequential and incidental damages. If it is determined for any reason that the Provider Was not in default or the Provider's sub- contractor's failure to perform is without Provider's control, fault, or negligence, The termination will be deemed to be a termination for the convenience of the City of Miami. 12. RESOLUTION OF CONTRACT DISPUTES: Provider understands arid agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this 8 Agreement by the, City .shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial reliefin connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) Provider has first received the City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000 or (ii) a period of sixty (60) days has expired, after suliniitting to the City. Manager a detailed statement of the dispute, aeeonipani ed by all supporting documentation, or ninety (90) days if City Manager's decision is subject to City Commission approval; or (iii) the City .has waived compliance with the procedure set forth. in this section by written 'instruments, signed by the City Manager. 13. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion; at any time, for convenience and for no cause, by giving written notice to Provider at least five (5) business days prior to the effective date of such termnation. In.su.ch.event,.the Provider shall have no other recourse against the City except to be paid for its Compensation earned under the contract prior to the effective date of termination. S. The City shall have the right to terminate this Agreement, withoutnotice or liability to Provider, upon the occurrence of an event of default hereunder. hi such event, the City shall not be obligated to pay any amounts to Provider and Provider shall. reimburse to the City all amounts received while Provider was in default under this Agreement. 14. INSURANCE: At all times during the term hereof, the Provider shall maintain insurance acceptable to the City. Prior to commencing any activity -under this Agreement, the Provider shall furnish to the City original certificates of insurance indicating, that the Provider is in compliance with the provisions described in Exhibit "G" attached hereto, which by this reference. is incorporated into this Agreement. 15. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage.indiscriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account .of race, color, sex, religion; age, handicap, marital status or national origin, Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her -race, color, sex, -religion,. age, handicap, marital status -or national origin, be excluded from participation in, be denied services under,. or be subject to discrimination under any provision of this Agreement. 16. ASSIGNMENT: The Provider's services are considered unique in nature. This Agreement shall not be. assigned, sold, transferred or otherwise. conveyed by Provider, in whole or in part, without the prior_ written consent of the City Commission, which may be withheld or conditioned, at the City's "sole discretion. 17. NOTICES: All notices 'or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to. the other party at the .address indicated herein or to such other address as. a party may designateby notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the: fifth day after being posted or the. date of -actual. receipt, whichever' is earlier. TO PROVIDER: TO THE CITY: Alicia Apfel President Apple Trce Perspectives, Inc. 774.N.E. 715` Street Miami, Florida 33138 10 Arthur Noriega V City Manager 3500 Pan American Drive_ Miami, FL 33133 Victoria Mendez City Attorney Office of the City Attorney '1l.1 SW 2" d Avenue, 9th Floor Miami, FL 33130 18. MISCELLANEOUS PROVISIONS: A. This Agreement and its attachments and exhibits shall be construed and. enforced according to the laws of the State of Florida. Venue for any legal action shall be in Miami -Dade County. Florida. In order to expedite the conclusion of any action the parties hereto voluntarily and knowingly agree to waive their right to trial by jury, their right to file permissive counterclaims, or to claim attorney's fees in any civil or administrative action between them arising from this Agreement. B. Title and paragraph headings are for convenient reference and are tot a part of this Agreement. C. No waiver or 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: D. Should any provision, paragraph, .sentence, word or phrase contained in this Agreenient 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 Mianii, 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, then same shall be'deemed severable, and in. either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect 'or limitation of its use. 11 E. This Agreement constitutes the sole and entire. agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. F. Whenever the.singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the others and shall apply jointly and severally: G. In the event of any conflict or inconsistency between this Agreement and its Exhibits or Attachments; this Agreement will control. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be. binding upon the parties hereto, their heirs, executors, legal representatives; successors, transferees, or assigns. 20. INDEPENDENT CONTRACTOR: Provider is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee 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.. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider and Provider agrees to provideworkers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 21. CONTINGENCY CLAUSE: Sufficient funding for this Agreement is contingent on the availability of funds and continued authorization for the Services and is subject to amendment or termination due to lack of funds,. reduction of funds, failure toallocate funds, and/or change in law or regulations. The City may terminate the Agreement on the basis of this contingency clause. pursuant to § 13 entitled "CITY'S TERMINATION RIGHT$." 22. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties.relating to the subject matter hereof and correctly set forth the rights, 12 duties, and obligations of each 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, 23. FURTHER ASSURANCES: Subject to City Commission authorization (if necessary), all parties hereto upon the request of any other party shall execute such. further instruments or documents as may be reasonably required by the requesting party to implement the terms, conditions, and provisions of this Agreement. 24. 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 patties an original.signed.Agreementupon -request. 25. ATTORNEY'S FEES. In the event litigation,, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall. be responsible for its own attorney's fees, costs, charges; and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgmnent. 26. THIRD PARTY BENEFICIARY: Provider and City agree that it is not intended that any provision of this Agreement establishes a third party -beneficiary giving or allowing any claim or right of action whatsoever by any third party under this Agreement. 27. PERFORMANCE EVALUATIONS: The City shall conduct performance evaluations during and after completion of agreements with, the Provider, which are used as a basis for the awarding of further work as well as advising the Provider of its perfomrance. 13 28. DISCRETION: Any matter not expressly provided for herein dealing with the City or decisions of the city shall be within the exercise of the reasonable professional discretion of the City Manager. 29. ADA COMPLIANCE: Provider shall affirmatively comply with all applicable provisions Of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable. regulations, guidelines and standards. Additionally, Provider shall take affirmative steps to ensure nondiscrimination in ernploYment of disabled persons. 30. EXHIBITS AND ATTACHMENTS: Attached hereto and forming a part of this Agreernent are the following Exhibits and Attachthents: Attachment A — Seat* Of SerVices Attachment B — Compensation and Payment Schedule Attachment C - INTENTIONALLY OMITTED Exhibit D — Certification Regarding Lobbying Exhibit E — Certification Regarding Debament, Suspension & Other Responsibility Matters Exhibit F — Sworn Statement Pursuant to Section 3$7.133,(3)(A) FlOrida Statutes bq Public Entity Crime Exhibit G — Insurance Requirements 14 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, on the date the City Clerk attests the City Manager's signature. A 1"! EST: APPLE TREE PERSPECTIVES, INC. A Florida corporation By: / "/ 14 Print Name: y�,ri ssa Voldecl� Date Alicia Apfel Date President l012to/r Witness ATTEST: SEAL CITY OF MIAMI, a municipal corporation By: 4ibkD Todd Hannon 1lDate A ur Noriega V Date City Clerk 1 1 1i D.0 City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: ,L. e/6/e REQUIREMENTS: Digitally signed by Gomez, Gomez FrankFank � Date: 2021.11.12 06:44:57 -05'00' Victoria Midez Date Ann -Marie Sharpe Date City Attorney Risk Management RFA 021-2797 15 CORPORATE RESOLUTION WHEREAS, Apple Tree Perspectives, Inc. desires to enter into an agreement with the City of Miami to provide professional services to the Department of Community Development on behalf of the HOPWA Program for the period of October 1, 2021 through September 30, 2022; and NOW, THEREFORE, BE IT RESOLVED that the President of Apple Tree Perspectives, Inc. is hereby authorized and instructed to enter into a contract in the name and on behalf of this corporation with City of Miami upon terms contained in the proposed contract to which this resolution is attached. DATED this 22nd day of October 2021. Alicia Apfel Secretary ATTACHMENT A SCOPE OF SERVICES Technical Support Services Work Scope FY 2021-2022 HOPWA Program ACTIVITY HOURS flours are approximate — hours may tie greater or less per activiiy. Strategic Planning Activities - Consumer Satisfaction Survey - Research and reports on I-IOPWA Program, HIV/AIDS and housing. - Provide support for pri grarii policy development and implementation. - Draft and/or update program documents, including Manual, describing HOPWA policies and procedures established by HOPWA Program staff. - Planning coordination with other systems (e.g. Homeless Co C; Ryan White; State - funded Medicaid and Medicare care plans) Approx. 60.00 hours- HIV/AIDS Housing Needs Assessment - Conduct Annual Housing Needs Assessment through collection of surveys and data analysis. Approx. 70,00.hours Miami -Dade HIV/AIDS Partnership and Housing Committee Support. - Preparation of meeting materials - Policy research and development at the request of the:Housing Committee and Grantee. - At the request of the Housing Committee or Partnership, participate in Partnership and Ryan White and other HIV/AIDS care systems planning activities to increase integration and coordination between HOPWA and the care s5`stein. - Participate in Partnership trainings in consultation with the Department as requested. Approx. 10.00 hours Technical Assistance to Grantee and Project Sponsors - On -going technical assistance and troubleshooting for IIOPWA Program Administrator, Grantee, staff and HOPWA-funded agencies. - Trainings as requested. Approx. 32.50 hours Total Hours 172.50 hours Hourly Rate $145 Contracted Amount Per Fiscal Year Not To Exceed $25,000 Payment Term Within fifteen (15) days of receipt of invoice. President Apple Tree Perspectives, Inc. 10/261/2021 Date 1 ATTACHMENT B COMPENSATION AND PAYMENT SCHEDULE A. The maximum compensation under this Agreement shall be S25.000.00. B. All payments shall be for services provided only during the term of this Agreement, and in compliance- with the previously approved Work Program (EXHIBIT A) 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 Wbrk 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. C. 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 Provider pertaining to anypayments by the CITY. D. The Provider must submit the request for final payment to the CITY within 30 calendar days followingthe expiration deem; termination date of this Agreement in a form provided by the Department. If -the Provider fails to comply with this requirement, the Provider shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. E. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports' due fromthe Provider as a part of this Agreement and anymodifications thereto. President Apple Tree Perspectives, Inc. Date 2 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 Withthe awarding of; any Federal contract, the making of any Federal grant, the making of any Federal loan, theentering 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 havebeenpaid 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 anemployee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement; the undersigned shall complete and submit Standard Form- LLL, "Disclosure_Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub-; grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cei tification is a pre- requisite for making or entering into this transaction imposed by Section 1352, Title 31, IJ. 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. Pc efts f f eevsed��-� Name of Applicant ‘; Print name of Certifying Official 2.4 Signature of Certifying Official Date City of tt I / NI STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, this 2-6 day of Ot'i , 2021 by `Pe k , (Title) of , a Florida not - for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced fir • b(i 1,I C, NO AR RH 'tic: 7c (Signature) My commission expires as identification. Mpg( Pub 14.0E Ft. (Print Name) V SEAL ANDREW VOGEL Commission # GG 359037 Expires November 25, 2023 BondedihN BedgetNoterySelvhs Exhibit E CER'LII ICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1.. The applicant certifies to the best of its knowledgeand 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. Flave not within a three-year period preceding this proposal been convicted of or had a civil, judgment rendered against them for commissionof 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 l .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. lk /pt. / 1•({v is frcl- t App?idaant/Agency Print Narne of Certifying Official Signature of Certifying Official Date City of gi (! IM STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of l physical presence or 0 online notarization, this 2-6 day of OCT- , 2021 by (L,,tl ilpet, , (Title) of , a Florida not - for -profit corporation, on behalf of the corporation, He/she is personally known to me or has produced .. `+ ytfC (AC, My commission expires \ as identification. >rAr)L e) (Print Name) J SEAL r0R7Ay PL8? • ANDREW VOGEL Commission tr GG 359037 Expires November 25, 2023 extol Thru Budget Notary Servims 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 C. : 5 0 + M �a.». By pr\; G 3N• f4GC t p,e. (Print this individual's name and title) for pVtl Vet/ PeYJ1r.(dr.JC) t ., . (Print name of entity submitting statements) whose business address is 71 Y /`tc; 11 '' Sktc c.1- r �.• , and whose Federal Employer Identification Number (FEIN) is (D ((1 f.(. (0 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 indietii ent 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 b. An entity under the control of any natural person who is active in the nianagenient: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 ann.'s length agreement, shall be a prima facie case that one person controlsanother 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 2$7.133(l)(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 ,1 have marked below is true. in a relation to the entity submitting this sworn statement. (Please indicate 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 arc 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, TITAT 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 1 AM REQUIRED TO INFORM TIIE 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. Signature City of 1"tI STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of El/physical presence or 0 online notarization, this Z t day of OC , 2021 by fiti 11- A p r' I for -profit corp/oration, on behalf ofthe corporation. He/she is personally known to me or has produced /r• I r', v4{ f L1 C, as identification. NOTARY PUBLIC: , (Title) of a Florida not- 41 Cint,t; (Signature) (Print Name) My commission expires /l/v1z3 SEAL. ANDREWVOGEL Commission # GG 359037 Expires November25, 2023 Bonded Thru Budget Notary seftes Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR COMMUNITY DEVELOPMENT I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate. Limit $600,000 Products/Completed Operations $300,000 Personal.and Advertising Injury $300,000 B. Endorsements Required. City of Miami included listed as additional insured (endorsement Required) Explosion, Collapse, & Underground Hazard (If Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for hired and Non -Owned Autos Combined Single Limit $ 300,000 B. •Endorsements Required City of Miami included as an Additional Insured 1II. Worker's Compensation Limits. of Liability Statutory. -State of Florida Employer's Liability A. Limits of Liability $100,000, for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000. for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250,000 $250,000 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE. RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAM.I WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH. POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the:following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. ® . ® CERTIFICATE OF LIABILITY INSURANCE :OATS (M57lOD/YYYI') 08/03/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE- DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown of Honda, Inc. P.O. Box 2412 Daytona Beach FL 32115-2412 CONTAECT Kaylan Stone NAM PHONE (386) 333-6133 (A(c. Not: (386) 323-9155 (A1C. No. Extl: E kstone@bbdaytona"com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL $ INSURER A: Hartford Casualty Insurance Company 29424 INSURED Apple Tree Perspectives, Inc- 774 NE 71 st Street Miami FL 33138. INSURER B : Continental Casually Company 20443 INSURER C : INSURER 0 : INSURER E INSURER F: .NIIMRFR• CL218916813 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW'HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY 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. ILT R LTR TYPE OF INSURANCE" NSDADDL INSD SUERWVD WVD POUCY NUMBER POLICY EFF (MM1t1D1YYYY{ POLICY EXP (MMIDDfYYYY) LIMITS A X COMMERCIAL GENERAALLUABILITY 21SBMRP66O4 07120/2021 07/2f)/2022 EACH OCCURRENCE 5 1.000.000 DGE TO RENTED PREMISES (Ea occurrence) S 300,000 CLAIMS-_6lADE iL OCCUR MED EXP (Am one person) S 10,000 PERSONALB.A(iviNJURY S 1,000.000 GENERAL AGGREGATE S- 2000,000 GEN.LAGGREGATE "POLICY LIMIT APPLIES PER n ECT n LOC OTHER PRODUCTS-COMP!OPAGG S 2,°e8,000 Empl Practices Liab s 5,000 A AUTOMOBILE _ — LIABILITY ANYAUTO OWNED. AUTOS ONLY HIRED_ AUTOS ONLY _ Ne. SCHEDULED AUTOS NON -OWNED AUTOS ONLY 21SBMRP6804 07(20/2021 07/20/2022 COMBINED SINGLE LIMIT fEa accidentI s 1,000,000 BODILY INJURY (Pe, person) S BODILY INJURY (Per accident) -S PROPERTY DAMAGE (Per accident) S _ - S UMBRELLA LUIB EXCESS MB OCCUR- CLAIMS -MADE EACH OCCURRENCE S AGGREGATE 5 5 DED I RETENTION •S WORKERS COMPENSATION AND EMPLOYERS' LABILITY Y I N ANY PROPRIETOPJPARTNERIEXECUTIVE n OFFICER/MEMBER EXCLUDED? • (Mandatory in NH) -- If yes. descrbe.tutder DESCRIPTION OF OPERATIONS below N f A PER OTH- -STATUTE ER E L EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE .S EL DISEASE - POLICY LIMIT S B. PROFESSIONAL LIABILITY 652305325 .01/11/2021 01/11/2022 AGGREGATE LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached 8 more spar is required) The City of Miami is an Additional Insured regarding the General Liability & Auto Liability per forth SS0008 0405. General Liability coverage is Primary and NofrContribulory per form SS0008 0405. CERTIFICATE HOLDER CANCELLATION City of Miami Attn: Frank Gomez PO Box 330708 Miami FL 33233 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD APPLE TREE PERSPECTIVES, INC. October 22, 2021 Ray Louis City of Miami Department of Community & Economic Development One Flagler Building 14 NE 1` Avenue Miami, Florida 33132 RE: Professional Services for HOPWA Program — Workers Compensation Dear Mr. Louis: In connection with the execution of a Professional Services Agreement between Apple Tree and the City .of Miami, we request waiver of the Worker's Compensation insurance requirement. State law only requires employers with four or more full-time or part-time employees to have workers compensation coverage. (See Section 440.02(17) of the Florida Statutes). Apple Tree has less than four employees. While it does utilize independent contractors for various projects from time to time, these contractors are excluded from the definition of employee (see Section 440.02(15)(d)). Thus, Apple Tree is not required to carry Workers Compensation: Should you require additionalinformation or documentation, please do not hesitate to call me at (786) 512-4706. Sincerely, Alicia Hancock Apfel, Esq. President 774 NE 71st Street, Miami, Florida 33138 Phone (786) 512-4706 • Email ahapple@bellsouth.net APPLE TREE PERSPECTIVES, INC. October 22, 2021 Ray Louis City of Miami Department of Community & Economic Development One Flagler Building 14 NE 1 `' Avenue Miami, Florida 33132 Re.: Automobile Insurance Waiver. Dear Mr. Louis: This letter is a request by Apple: Tree Perspectives Inc., to waive the automobile insurance requirements for owned and scheduled vehicles. Apple Tree Perspectives, Inc. does not own any vehicles. We have provided you as well as the City of Miami's Risk Management personnel with a copy of our insurance coverage for hired and non -owned vehicles. If you should have any questions regarding same, please do not hesitate to call. Sincerely, Alicia Apfel President 774 NE 71st Street, Miami, Florida 33138 Phone (786) 512-4706 • Facsimile ahapple@betlsouth.net City of Miami Legislation Resolution: R-21-0258 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 9051 Final Action Date: 6/24/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS IN THE AMOUNT OF $11,924,914.00 FOR FISCAL YEAR ("FY") 2021-2022, IN THE AMOUNT OF $585,968.10 FROM PROGRAM INCOME FOR FY 2020-2021, AND IN THE AMOUNT OF $2,000,000.00 FROM THE PREVIOUS YEAR'S UNALLOCATED FUNDS, FOR A TOTAL AMOUNT OF $14,510,882.10, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING. ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/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, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS 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 WHEREAS, 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 $11,924,914.00 for Fiscal Year ("FY") 2021-2022, in the amount of $585,968.10 from program income for FY 2020-2021, and in the additional amount of $2,000,000.00 from previous year's unallocated funds, for a total amount of $14,510,882.10, 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 program funds in the amount of $11,924,914.00, for FY 2021-2022, in the amount of $585,968.10 from program income for FY 2020-2021, and in the amount of $2,000,000.00 from the previous year's unallocated funds, for a total amount of $14,510,882.10, as more particularly specified in Exhibit "A," attached and incorporated, to City of Miami Page 1 of 2 File ID: 9051 (Revision:) Printed On: 7/21/2021 File ID: 9051 Enactment Number: R-21-0258 provide housing assistance HIV/AIDS is approved.' tI Section 3. The City Manager is aut necessary documents, including amendm acceptable to the City Attorney, subject t of such funds for said purpose. to low-income individuals living with tams negotiate and execute any and all ons, and modifications, all in forms ate, and local laws that regulate thtRuseR NORIEGA, V City Manager Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. City of Miami Page 2 of 2 File ID: 9051 (Revision:) Printed on: 7/21/2021 DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT Exhibit "A" City of Miami Department of Housing and Community Development Allocation of HOPWA Funds FY2021 Program/Agency HOPWA Recommendation FY2021 HOPWA 2021 Entitlement Allocation: $ 11,924,914.00 HOPWA Program Income 2020 $ 585,968.10 HOPWA Previous Years Unallocated Funding:. $ 2,000,000.00 Total HOPWA Available for 2021: $ 14,510,882.10 1. Program Administration City of Miami - Department of Housing and Community Development $ 332,747.42 Ia. Technical Assistance Apple Tree Perspectives, Inc. $ 25,000.00 Subtotal:) $ 357,747.42 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 $ 12,342,998.68 Subtotal: $ 12,342,998.68 VI. Resource Identification City of Miami - Department of Housing and Community Development $ 20,000.00 Subtotal: $ 20,000.00 Total HOPWA Allocation:) $ 14,510,882.10