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HomeMy WebLinkAbout24535AGREEMENT INFORMATION AGREEMENT NUMBER 24535 NAME/TYPE OF AGREEMENT SUNSHINE FOR ALL, INC DESCRIPTION HOME INVESTMENT PARTNERSHIP PROGRAM AGREEMENT/HOUSING SPECIALIST & INSPECTION SERVICES FOR THE LONG TERM TENANT BASED RENTAL ASSISTANCE PROGRAM/FILE ID: 13202/R-23-0092/MATTER ID: 23-691/#50 EFFECTIVE DATE June 29, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/29/2023 DATE RECEIVED FROM ISSUING DEPT. 7/13/2023 NOTE ; g535 CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AGREEMENT HOUSING SPECIALIST AND INSPECTION SERVICES FOR THE LONG TERM TENANT BASED RENTAL ASSISTANCE PROGRAM This Agreement (hereinafter the "Agreement") is entered into this 2 9 day of , 2023, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the CITY), & SUNSHINE FOR ALL, INC a Florida not for profit corporation (hereinafter referred to as the PROJECT SPONSOR). FUNDING SOURCE: HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) CFDA# (If applicable): HOME AMOUNT: $ 40,000.00 TERM OF AGREEMENT: Effective date of this agreement is October 1, 2022 PROJECT NUMBER: DUNS® NUMBER: AGENCY'S ADDRESS: to September 30, 2023 1407 SW 22ND ST MIAMI, FL 33145 1 WITNESSETH WHEREAS, the HOME Investment Partnership Program ("HOME") was created by the National Affordable Housing Act of 1990 to strengthen public/private partnerships to provide more Affordable housing to qualified persons; and WHEREAS, due to the volume of inspections required on an annual basis, it is more cost effective for the City to engage the services of an entity that specializes in these inspection services; and WHEREAS, Sunshine for All, Inc. ("Project Sponsor") is a private nonprofit Sub -recipient, as defined under the provisions of 24 CFR 570.500(c), who is currently receiving CDBG funding assistance from the City to undertake activities eligible for such assistance under Subpart C of the regulation; and WHEREAS, Sunshine for All has been providing Housing Quality Standards inspection services to the residents of the City under the CDBG and HOPWA programs since 2007, in accordance with HUD requirements to ensure that all Properties meet HUD's standards; and WHEREAS, Sunshine for All has extensive experience and knowledge in connection with Section 8, Multifamily Affordability Monitoring, and First Time Homebuyer Program's Housing Quality inspections services; and WHEREAS, the City has engaged Project Sponsor with HOME administration funds ("HOME Funds") for the 2022-2023 fiscal year for HQS Inspection services; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form / Exhibit E Certification Regarding Debarment, Suspension and other ✓ Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit " Exhibit G Insurance Requirements 2 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act, or 24 CFR.92: HOME Regulations promulgated by HUD for the HOME Program, Final Rule, and any changes thereto. 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, fmancial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Department of Housing and 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. HOME or HOME Program: HOME Investment Partnership 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 HOME Funds. Where appropriate it should list measurable 3 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 fund management system. The schedule should provide projected milestones and deadlines for the accomplishment ,of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound- basis' for the CITY to effectively monitor performance by the 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 HOME program under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of regulations contained under 24 CFR 92 and the Final rule and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES. 4 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is October 1, 2022 to ° September 30, 2023 3.3 OBLIGATIONS OF PROJECT SPONSOR. The PROJECT SPONSOR shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, ,and as set forth by HUD and the CITY. 3.4 POLICIES AND -PROCEDURES. MANUAL. This Agreement is subject to the current Federal regulations as may be amended. The PROJECT SPONSOR is aware of and accepts the Policies and Procedures Manual for the HOME Funds 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 HOME administration funds are 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 substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 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. 5 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 FUNDING ANDDISBURSEMENTREQUIREMENTS, 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 funds 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 funds and continued authorization for HOME 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. 6 ARTICLE V AUDITREOUIREMENTS. 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 year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) ,Single. Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the 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). (iy) Follow up on prior audit fmdings, perform procedures to assess the reasonableness of the summary schedule of prior audit fmdings 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 7 (v) Report any audit findings consistent with the requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with this 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or . disclaimer of opinion) as to whether the PROJECT SPONSOR 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 CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit findingrepresents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI ;RECORDS AND REPORTS 6.1 The PROJECT SPONSOR shall establish and maintain sufficient records to enable the CITY to determine whether the PROJECT SPONSOR has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the PROJECT SPONSOR: 8 6.1.1 Records providing a full description of each activity assisted (or being assisted) with HOME funds, including its location (if the activity has a geographical locus), the amount of HOME funds budgeted, obligated and expended for the activity, and the specific provision in the HOME Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the HOME 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 HOME 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 Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of 24 CFR 92. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 92. 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"). All 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 92. 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 92 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. 9 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 requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement 6.2.3 If the CITY or the 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 -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Work Program for public purposes. 6.3.2 If the 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 10 activities of the PROJECT SPONSOR which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROJECT SPONSOR. Following such inspection or interviews, the Department will deliver to the PROJECT SPONSOR a report of its findings. The PROJECT SPONSOR will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the PROJECT SPONSOR'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 SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROJECT SPONSOR shall submit to the CITY, on a quarterly basis, a Work Program Status Report. ARTICLE VH OTHER HOME PROGRAM REQIJIREMENTS. 7.1 The PROJECT SPONSOR shall maintain current documentation that its activities are HOME eligible in accordance with 24 CFR Part 92. 7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with HOME Funds is an activity which provides benefit to low income households. 11 7.3 The PROJECT SPONSOR shall comply with all applicable provisions of 24 CFR Part 92 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. 7.5 The PROJECT SPONSOR shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The 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 HOME Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 92. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, HOME assistance may not be used for religious activities. 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 HOME Funds at the time of expiration/termination and any accounts receivable attributable to the use of HOME Funds. 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 12 HOME Funds (including HOME funds provided to the PROJECT SPONSOR), less any portion of the value attributable to expenditures of non -HOME funds for the acquisition of, or improvement to, the property. The payment is program income to 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 mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the PROJECT SPONSOR fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article X of this 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 of this 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. 13 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 activities, to ensure its compliance with the requirements of this Agreement. The 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 HOME 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 (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the, commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME 2 CFR 200.307 9.1 Program income means gross income received by the PROJECT SPONSOR which has been directly generated from the use of the HOME funds. When such income is generated by an activity that is only partially assisted with the HOME funds, the income shall be prorated to reflect the percentage of HOME funds used. Program income generated by HOME 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 HOME 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 HOME funds shall be remitted to the CITY on a monthly basis. Any HOME funds funded to the PROJECT SPONSOR that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. 15 ARTICLE X REMEDIES;SUSPENSION,: TERMINATION 10.1 REMEDIES__ FOR_ NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the 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 accordancewiththis 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 funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current HOME funds awarded to the PROJECT SPONSOR 10.1.4 Withhold further funds from 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 HOME funds by the PROJECT SPONSOR; (ii) Failure by the PROJECT SPONSOR to comply with any term or provision of this Agreement; 16 (iii) Failure by the PROJECT SPONSOR to submit any documents 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 of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to fmance 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 HOME Program, the CITY shall determine, in its sole and absolute discretion, the availability 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 17 delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 .INDEMNIFICATION. The RECIPIENT shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of RECIPIENT and persons -employed or utilized by RECIPIENT in the performance of this Contract. RECIPIENT shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the RECIPIENT shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The RECIPIENT expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the RECIPIENT shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the RECIPIENT to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the RECIPIENT, or persons employed or utilized by RECIPIENT. This indemnity will survive the cancellation or expiration, of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The RECIPIENT shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The RECIPIENT agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the RECIPIENT in which the City participated either through review or concurrence of the RECIPIENT's actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the RECIPIENT, the City in no way assumes or shares any responsibility or liability of the RECIPIEN or Sub - RECIPIENT under this Agreements. 18 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in, writing. 11.3 OWNERSHIP':__ OF __DOCUMENTS. All documents developed by the 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 shallat 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 not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the 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 HOME 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 11.7.2 The PROJECT SPONSOR is aware of the conflict of interest laws of the City of 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 92.356. 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 HOME 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 and Community Development One Flagler Building 14 NE 1st Avenue Second Floor Miami, FL 33132 20 PROJECT SPONSOR SUNSHINE. FOR ALL,'1NC 1407 SW 22ND ST MIAMI, FL 33145~ 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 terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.12 .INDEPENDENT . CONTRACTOR The 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 SUBRECIPIENT 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 goveming 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 SPONSOR to act in connection with this Agreement and to provide such information as may be required. 21 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. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the 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 HOME funds. 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. PROJECT SPONSOR SUNSHINE FOR ALL, INC AUTHORIZED REPRESENTATIVE: N Title: ExeGutiv ate: Ip irCGtOY CITY OF MIAMI, a municipal Corporation of the State of Florida Arthur No�iega City Manager (4/ APPROVED AS TO INSURANCE REQUIREMENTS Digitally signed by Quevedo, Quevedo, Terry Terry Date: 2023.06.20 12:22:03 -04'00' Ann -Marie Sharpe Risk Management Date: 1407 SW 22ND ST MIAMI, FL 33145 a Florida not -for -profit corporation ATTEST: Nit - Name: tind0 Poo Date: t1H19H27) Title: Je&rOtO Yy OP board Corporate Seal: ATTEST: ,,..d Hannon'. / Da: City Clerk c5a°( a3 APPROVED AS TO FORM AND CORRECTNESS: a-� Victo 'a Mendez City Attorney RP #23-691 Date: 6/21 /23 23 Not for Profit Corporate Resolution Whereas, Sunshine For All. Inc. is a Non -Profit pursuant to the provisions of Internal Revenue Code Section 501(c)(3), and Whereas, Sunshine For AU. Inc. is committed to effectively serving the communities; and NOW, THEREFORE BE IT RESOLVED as follows: 1. Whereas, Sunshine For All, Inc. , a Florida Non -Profit, desires to enter into contact with the City of Miami, a copy of which is attached hereto; and 2. Whereas, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the not -for -profit corporation; 3. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that, Ruben A. Santana, Executive Director of Sunshine for All, Inc. is hereby authorized and instructed to execute any and all documents required by the City of Miami, to act without limitation on behalf of Sunshine For All, Inc. in entering into agreement with the City of Miami; and to perform any and all responsibilities in relation to such agreement. Dated: June 9t. 2023 Mauricio Hanono; President ATTEST: au� Linda Albe; Corporate Secretary (CORPORATE SEAL) EXHIBIT B WORK PLAN PROGRAM Program Year: October 1, 2022 - September 30, 2023 Organization Name: Sunshine For All, Inc Program Name: Home Investment Partnerships Program (HOME) Detailed Scope of Work: 1) SUBRECIPIENT will provide: • Housing Quality Standards (HQS) Inspection Services for the City of Miami. • The SUBRECIPIENT will complete up to five hundred (500) HQS Inspections during the contract year FISCAL YEAR 2022-2023. • Sunshine For All, Inc. will perform the inspections for the City of Miami HOME Program. • Scope of Work Period of 260 business days (Monday to Friday) to commence on October 1, 2022, and ends on September 30, 2023. 2) SUBRECIPIENT shall establish and maintain sufficient records to enable the City to determine the PROJECT SPONSOR has met the requirements of the HOME program and to meet the requirements of 24 CFR 92. Executed By: State of Florida County of Miami -Dade AdR1 _-4rff Director Date Sword and subscribed before me this (0 day of lino . 20a by Ruben A. Santana who is personally known to me X or who produced identification or online notarization_. NOTARY PUBLIC My Commission Expires: otary Pu c Signature 1-Sit-A 1---47/4 Print Name �;t� ► MAMA C. MARCAYDA ?P4. ' Notary Public • State of Florida 'a'' Commission r NH 273052 My Comm. Expires Jun 7, 2026 9oncec through rational Notary Assn, BG1 BUDGET FORM I Department of Community Development (Non -Housing Development Only) Budget Narrative by Line Item AGENCY: Sunshine for All, Inc. FISCAL YEAR: 2022-2023 FUNDING SOURCE: COMG - Home Investment Partnerships Program (HOME) LINE ITEM DESCRIPTION AMOUNT 101 STAFF SALARIES (Per salary budget form) $ 33,710.00 200 STAFF MICA - Gross Salary x 1.45%. $ 489.00 201 STAFF FICA - Gross Salary x 6.2%. $ 2,090.00 202 STAFF WORKER COMPENSANTION- Gross Salary x 0.01 $ 548.00 203 STAFF UNEMPLOYMENT- Gross Salary $ 200.00 252 AUDIT COST $ - 261 TEMP STAFF $ - 301 GENERAL LIABILITY INSURANCE $ 200.00 350 TELEPHONE $ - 360 ELECTRICITY $ 600.00 450 EQUIPMENT RENT $ - 460 SPACE RENT $ 1,047.00 501 POSTAGE $ 116.00 510 LOCAL TRAVEL - $0.50 Cents /Per Mile $ 1,000.00 $ - TOTAL: $ $ 40,000.00 BG2 BUDGET FORM I1 City of Miami Department of Community Development (Non -Housing Development Only) STAFF SALARY FORECAST AGENCY: Sunshine for All, Inc. PERIOD COVERING: 10/01/2022 - 09/30/2023 Employee Name Title Last 4 of SS Ethnicity Employment (FT/PT) Period Budgeted Pay Period Annual Gross Salary Total Salary Per Period % of Salary Billed to City Total Amount Billed to City Ruben A Santana Executive Director ** H PT 26 26 $ 42,500.00 $ 1,634.62 27.46% $ 11,672.00 TOTAL: Date/Time Generated: 6/9/23 12:50 $33,710.00 BG3 BUDGET FORM III Sunshine For All, Inc. Period Allocated: 10/1/2022 - 9/30/2023 AGENCY BUDGET PROPOSAL Date/Time Generated: Effective Date:10/1/2021 To 9/30/2022 COMG HOPWA 93% COMG HOPWA 7% COMG HQS 40K COMG HQS 10K COMG API HQS MULTI -TAM ARPA 50K Line -Item Description % Amount % Amount % Amount % Amount _ % Amount % Amount % Amount % Amount Total 101 STAFF 596A28E5. CIASSIRED 720496 S 301,972,00 6.1196 $ 25.600.00 8.04% $ 33,71000 206% $ 6,67200 1.13% $ 4.750.00 9.07% $ 38,000.00 13.60% $ 57,000.00 1.5596 $ 6500.00 $ 419,154.00 200 STAFF MICA 7094% $ 4,150.00 634% $ 371.00 836% $ 489.00 214% $ 125.00 1.18% $ 69.00 9A296 $ 551.00 14.12% $ 826.00 1.62% $ 95.00 , $ 5050.00 201 STAFF RCA 7096% $ 17,751.00 634% $ 1,587.00 8.35% $ 2,090.00 214% $ 535.00 1.18% $ 295.00 9.4296 $ 2.356.00 14.13% $ 3,534.00 1.61% $ 403.00 $ 25,017.00 22 STAFF WAXERS COMPENSATION 6297% $ 3,770.00 4.78% $ 286.00 • ' 9.15% $ 548.00 289% $ 173.00 0.00% 152096 $ 910.00 835% $ 500.00 5.01% $ 300.00 $ 5,987.00 203 STAFF UNEMPLOYMENT 3057% $ 2,000.00 1.42% $ 93.00 3.06% $ 200.00 00096 0.0096 64.95% 6.11% $ 400.00 0.00% $ 6543.00 252 AUDIT COST 100.00% #REF. $ 1,000.00 100.0096 #REP 100.00% 100.00% $ 4,250.00 #RER #RER #REF. 261 TEMPORARY STAFF ERA 0.00% 0.00% ` 0.00% $ - 0.0096 0.00% $ - 0.00% #DIV/0! 0.0096 $ 301 GENERAL UN3IUTY INSURANCE 87.70% $ 4,187.00 00096 4.19% $ 200.00 0.0096 0.00% $ - 0.00% 15.71% $ 750.00 8.11% $ 387.00 $ 4,774.00 302 AUTO TRUCK EXPENSES 100.0096 $ - #01V/0! 1000096 $ - 100.0096 100.00% $ - 100.00% #01V/0! #DIV/0! $ - 350 TELEPHONE 85.4196 $ 5,854.00 14.5996 $ 1,000.00 0.00% 0.00% 0.00% $ - 0.0096 7.30% $ 500.00 0.0096 $ 6.854.00 360 ELECTRICAL SERVICEANATER 0.00% $ 2,033.00 0.0096 0.00% $ 600.00 0.00% 0.00% $ - 0.00% $ 1,350.00 1255% $ 500.00 0.00% $ 3.983.00 450 EQUIPMENT RENTAL 100.0096 $ 1,900.00 0.00% 0.0096 $ - 0.00% 0.00% $ - 0.0096 0-00% 0.0096 5 1,900.00 460 SPACE RENTAL 88.8496 $ 48,131.00 0.00% 1.93% $ 1,04/.00 0.0096 0.0096 $ - 9.23% $ 5,000.00 437% $ 2_370.00 0.0096 5 54,178.00 470 NURSE REGISTRY EXPENSES 0.00% $ - 100.0096 0.00% 0.0096 0.00% $ - 0.0096 #DIV/0! 0.0096 5 501 POSTAGE 721296 $ 300.00 0.0096 ' 27.8896 $ 116.00 0.0096 0.00% 0.00% 28.85% $ 120.00 0.00% 5 416.00 502 PROFESSIONAL UABIUTY INSURANCE 0.0096 $ - 0.00% 0.00% 100.0096 + 100.0096 0.00% 0.00% 0.00% $ 510 LOCAL TRAVEL EXPENSES 40.91% $ 2,800.00 0.00% 14.61% $ 1,000.00 7.96% $ 545.00 0.00% $ - 3652% $ 2500.00 43.83% $ 3.000.00 0.00% 5 6,845.00 521 OFFICE SUPPUES 8148% $ 2595.00 0.0096 0.00% 0.0096 0.00% $ - 183206 $ 58200 15.74% $ 500.00 0.00% $ 3,177.00 524 FOOD - HOT MEALS 0.00% 5 - 0.00% 0.0096 0.00% 3.18% $ 8,550.00 85.86% $ 230.53E100 0.00% 10.96% $ 29,479.00 5 268,507 00 525 FOOD TRANSPORTATION EXPENSES 0.0096 $ - 0.0096 0.00% $ - 0.0096 3.97% $ 3,836.00 826996 $ 79,913.00 0.00% 1334% 5 12,89600. 5 96,64500 526 COMPU1ER SUPPORT SERVICES #DIV/0! $ - 0#DIV/0! #DIV/0! $ - 900IV/0! #DIV/O! $ - #DIV/0! #DIV/0!' #DIV/0! 5 527 PUBIC RELATIONS OUTREACH 80IV/0! $ - #DIV/0! 4 #DIVA! 5 - #DIV/0! #DIV/0! $ - #01V/0! ' #DIV/0! #DIV/0! $ - 528 UCENSES & PERMITS 100.0096 $ 300.00 0.00% 0.0096 $ - 0.00% 0.00% $ - 0.00% 0.0096 0.00% $ 300.00 529 BANK CHARGES #DIV/0! $ - #DIV/0! #DIV/0! $ - #DIV/0! 1401V/0! $ - #DIV/0! 06OIV/0! #OIV/0! $ 53006110E MISCJCIEAM NG 100.00% $ - 0.00% 100.00% $ - 100.0096 100.0096 $ - 100.0096 $ 7,800.00 0.0096 0.00% $ 7.800.00 10TAL: 40.22% $ 397,743.00 3.03% $ 29,937.00 4.04% $ 40,003.00 1.01% $ 10,000.00 1,7 % $ 17,500.00 37.7996 $ 373,750.00 74096 $ 70,00400 5.06% $ 50,00000 $ 968,930.00 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. sunsh i n For 1, In 0. Name of Applicant ID I (1)1ZO2?) Date City of MI 01YY1! STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of r physical 1. presence or online notarization, this W day of 1U 11 e , 2020, by Kub in 6an+ana (name of person whose signature is being notarized) who is personally known to me or who produced as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: (Pant Name) My commission expires S. 74O,, SEAL •'r MARIA C. MARCA,.► notary Public • State of =.price Commission a 273C52 My{omm. Ex:ires ,Lr 7. 2C25 Bonded through �etiora. •:ten ►ssr. CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. sunshiny orAlt)n°. Applicant/Agency KUb011 s, ni- 0\(012-02.7) Signature of Certifying 0 icial Date City of MiQnil � STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of ✓physical presence or online notarization this day of by &Ub e1Y1 Ik. 6ani Q i ct who (name of person whose signature is being notarized) , 2020. who is _personally known to me or produced as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: My commission expires SEAL MARIA C. MARCAYOA 1. Notary Public • State of Florida Commission # HH 273052 My Comm. Expires Jun 7, 2026 Bonded through National Notary Assn. 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 By R U b 1 Stain 4-o nn a for (Print this individual's name and title) Sunshon.0 for Dili, Inca. (Print name of entity submitting statements) whose business address is 101 sup 22nd 6 004, MI OYY11,i 1' and whose Federal Employer Identification Number (FEIN) is 31- I9021Su 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 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). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTER INTO A ' S ►'U' ' 'T IN EXCESS OF THE THRESHOLD AMOUNT a.sti. v 287 017, F ORIDA STATUTES, FOR CATEGORY TWO N CONTAINED IN THIS FORM. 4y �L15 35_