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24768
AGREEMENT INFORMATION AGREEMENT NUMBER 24768 NAME/TYPE OF AGREEMENT GREATER ST. PAUL A.M.E. CHURCH, INC. DESCRIPTION GRANT FUNDING AGREEMENT/HIBISCUS-WILLIAMS RENOVATE 10 DECLINED UNITS/FILE ID: 12545/R-22- 0406/MATTER ID: 23-2018/#5 EFFECTIVE DATE December 7, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/7/2023 DATE RECEIVED FROM ISSUING DEPT. 1/17/2024 NOTE CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT THE AMERICAN RESCUE.. PLAN ACT OF 2021 ("ARPA") GRANT FUNDING AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 1441 day of Dec, ber - , 2023, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & Greater St. Paul A.M.E. Church, Inc., a Florida Not for Profit Corporation (hereinafter referred to as the "BENEFICIARY"). The CITY and BENEFICIARY may be referred to individually as a "party" or collectively as the "parties." FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): EIN: AMOUNT: $ 2,200,000.00 TERM OF AGREEMENT: See Section 3.2 PROJECT NUMBER: IDIS NUMBER: AGENCY'S ADDRESS: 3680 Thomas Ave. Miami, FL 33133 1 Rev. 7.8.22 WITNESSETH WHEREAS, the Scope of Work described in the Agreement is authorized through the Act and the Resolution, with funding from the United States Department of the Treasury; and WHEREAS, the Beneficiary is the fee simple owner of the real property described in Exhibit "A;" and WHEREAS, the Beneficiary is constructing an affordable housing project that will be known as the Hibiscus -Williams Project and will rehabilitate ten (10) units at the Greater St. Paul African Methodist Episcopal Church located at 3472-3478 Hibiscus Street and 3574 William Avenue, that will increase the supply of rental housing units including units for Moderate Individuals and Households, by providing additional affordable rental units; and WHEREAS, on October 27, 2022, the Miami City Commission adopted Resolution No. R-22-0406 authorizing the allocation of APRA funds in the total not to exceed amount of $2,200,000.00 to Beneficiary for the Program's construction costs, subject to the City's Housing and Commercial Loan Committee ("HCLC") and ARPA Consultant Approval; and WHEREAS, on September 26 2023, the City's ARPA Consultants approved the Program, which is attached herein as Exhibit "N;" and WHEREAS, on, July 19, 2023, the HCLC approved an allocation of ARPA funds in the total amount not to exceed of $2,200,000.00 to Beneficiary for the Program's construction costs; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Legal Description Exhibit B Corporate Resolution Authorizing Execution of this Agreement Exhibit C Scope of Work /Project Schedule Exhibit D Budget Exhibit E Certification Regarding Lobbying Form 2 Exhibit F Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit G Crime Entity Affidavit Exhibit H Insurance Requirements Exhibit I Programmatic Reporting Requirements Exhibit J Affirmative Marketing Procedures and Responsibilities Exhibit K Signage Requirements Exhibit L Rent Regulatory Agreement Exhibit M Declaration of Covenants Exhibit N ARPA Consultant Approval Exhibit 0 Disbursement Agreement 1.2 DEFINED TERMS. As used herein the following terms shall mean: Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the BENEFICIARY or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Affordability Period: The period of time that the Assisted Units must remain Affordable, in compliance with 31 CFR Part 35. The Affordability Period for this Project will be thirty (30) years, commencing on the Close -Out of the Project. Affordable: A project or unit that satisfies the affordability requirements set forth in this Grant Agreement, the Covenant, and the Rent Regulatory Agreement. ARPA Assisted Units: The ten (10) residential apartment units built on the Property will be ARPA Assisted Units or Affordable units for households/individuals. The payable rents on the ARPA Assisted Units are subject to the Covenant(s) and the Rent Regulatory Agreement(s). Further restrictions apply to the ARPA Assisted Units as provided in and this Agreement, the Covenant, the other ARPA Grant Documents and the 3 Legal Requirements, as applicable. The ARPA Assisted Units shall remain Affordable throughout the Affordability Period. ARPA Grant Documents: This Agreement and all other documents that may now or hereafter evidence the ARPA Grant Funds together with other documents executed in connection therewith or presented by the BENEFICIARY to the City in connection therewith or herewith, including but not limited to Exhibits identified in Section 1.1 of this Agreement any of the foregoing. CFR: Code of Federal Regulations. Close -Out of the Project: The date on which the Project has obtained all of the required Certificate(s) of Occupancy and all ARPA Assisted Units have been leased to eligible ARPA tenants. Department: The City of Miami Department of Housing and Community Development or its designee. Federal Award: Any federal funds received by the BENEFICIARY from any source during the period of time in which the BENEFICIARY is performing the obligations set forth in this Agreement. Funds: The $2,200,000.00 paid to BENEFICIARY in exchange for BENEFICIARY completing the activities described in the Scope of Work set forth in Exhibit C. Moderate -Income Households: Annual income does not exceed sixty percent (65%) of the median income for the area, as determined by the Florida Housing Finance Corporation in conjunction with HUD, with adjustments and certain exceptions as provided in 31 CFR Part 35. Program: Greater St. Paul African Methodist Episcopal Church (the "Church") is undertaking repairs and renovations to the structure and envelope of the Church's existing buildings, which is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by City of Miami's City Commission through Resolution No. R-22-02406 (the "Resolution") with funding from the United States Department of the Treasury, and as further described in Exhibit D. Property: The real property, and all improvements thereon, located at 3472-3478 Hibiscus Street Miami, Florida 33133 and 3574 William Avenue Miami, Florida 33133, in the County of Miami -Dade, State of Florida, on which the Project is being constructed, as legally described in Exhibit "A," attached hereto and incorporated herein. The Covenant: See Exhibit "M" 4 Treasury: The United States Department of the Treasury. Rent Regulatory Agreement: See Exhibit "L" 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 Scope of Work submitted by the BENEFICIARY to the CITY, which shall become attached hereto as Exhibit "C" to this Agreement, and the CITY's ARPA Analysis Supporting Documents, hereby incorporated by this reference as if fully set forth herein, respectively shall include the following: 2.1.1 The description section shall detail the activities and/or work to be carried out by the BENEFICIARY and the goals of the activities and/or work being undertaken. It should specifically describe the activities and/or work to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable objectives, provide metrics, define the who, what, where and when of the activities, work, and/or project, and in general detail how these activities, work, and/or project will benefit the BENEFICIARY and the community it serves. 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Work. 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 BENEFICIARY under this Agreement. 2.1.3 A Statement of Need should be provided and, if available, it is recommended to provide any applicable data and source citations for said data. It should provide a description of the specific harm or need to be addressed, and why the harm was exacerbated or caused by COVID-19. It should also provide an explanation of why existing capital equipment, property, or facilities would be inadequate to addressing the harm or need and why policy changes or additional funding to pertinent programs or services would be insufficient without the corresponding capital expenditures. It should also provide a comparison of the proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. 2.1.4 The Scope of Work should provide a Project/Program Objective which shall include the population being served and any applicable and available demographic information. 5 2.1.5 Identify any key factors of the Scope of Work that demonstrate why the activities and/or services are eligible for ARPA Funding. 2.1.6 If the Scope of Work uses evidence -based interventions, the BENEFICIARY must provide the evidence base for the interventions that are ARPA funded. BENEFICIARY shall identify the total dollar amount of the Award allocated towards evidence -based interventions in the Budget Summary identified in Section 2.2 of this Agreement. 2.1.7 The BENEFICIARY shall include an estimated project timeline for the activities and/or work identified in the Scope of Work. Said project timeline shall be in accordance with Section 3.2 of this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "D", including the BENEFICIARY's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salary Schedule and a copy of all subcontracts. 2.3 A list of the BENEFICIARY'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 Scope of Work. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the BENEFICIARY'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 BENEFICIARY's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the BENEFICIARY, certified by the BENEFICIARY's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of the requirements contained under the Act 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 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Depai lwent 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. 6 3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement is the date that the City Clerk signs this Agreement ("Effective Date"). The term of this Agreement shall commence on the Effective Date and shall expire three (3) years thereafter unless extended per written agreement by both parties. Pursuant to the Final Rule, the funds must be expended by December 31, 2026, and therefore this Agreement shall not be extended beyond said date. The term of this Agreement may be amended, modified, or subject to termination in the event the Final Rule amends the timeframe for which the funds must be expended. 3.3 OBLIGATIONS OF BENEFICIARY. The BENEFICIARY shall carry out the work and activities as prescribed in its Scope of Work, attached hereto and incorporated herein as Exhibit "C" ("Scope of Work"), 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 the Treasury and the CITY. 3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The BENEFICIARY is aware of and accepts the Act, the Final Rule, and the Programmatic Reporting Requirements, which is attached hereto and incorporated herein as Exhibit I, (collectively, "Policies and Procedures"), as the official documents that outline the fiscal, administrative, and federal guidelines that shall regulate the day-to-day operations of the BENEFICIARY. The Policies and Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Work be required or in the event of the occurrence of any delays in the activities thereunder, the BENEFICIARY shall immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Work shall begin and/or continue. It is understood and agreed that the BENEFICIARY 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 BENEFICIARY shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Work: • The sale, assignment, pledge, transfer, hypothecation or other encumbrance or disposition of any proprietary or beneficial interest in the Beneficiary, the Project, the Property, or the Beneficiary's estate in the Property, or any change in the operating control of the Beneficiary, which shall require the prior approval of the City's HCLC or the City Commission, as appropriate. 7 • The modification or addition of any Scope of Work activities and/or work as listed in Exhibit C and/or the Itemized Budget. • Any out-of-town travel not specifically listed in the Itemized Budget. • The use of Funds in any manner not specifically listed in the Itemized Budget. • The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the BENEFICIARY shall be pursuant to the rates, schedules and conditions described in Exhibit "D" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the BENEFICIARY shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the BENEFICIARY shall furnish to the CITY original certificates of insurance indicating that the BENEFICIARY is in compliance with the provisions described in Exhibit "H-2" attached hereto and incorporated into this Agreement. At all times during the term hereof, the BENEFICIARY's contractor shall maintain insurance acceptable to the CITY. Prior to commencing any construction activity under this Agreement, the BENEFICIARY or their contractor shall furnish to the CITY original certificates of insurance indicating that the BENEFICIARY is in compliance with the provisions described in Exhibit "H- 1" attached hereto and incorporated into this Agreement. Failure to comply with these Insurance Requirements shall constitute an event of default and the City may exercise any rights and/or remedies afforded to it pursuant to this Agreement, and/or afforded to it in law or equity. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the BENEFICIARY at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 governments and/or agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for Program activities, and is also subject to 8 amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in rules, laws, federal guidance, rules, laws, and regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the BENEFICIARY shall adhere to the following audit requirements: 5.1.1 If the BENEFICIARY 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 the applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the BENEFICIARY elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a BENEFICIARY 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 BENEFICIARY, the BENEFICIARY may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 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 applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the BENEFICIARY 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 applicable requirements of 2 CFR 200.514(d); (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the BENEFICIARY in accordance with the applicable requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the 9 summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the applicable requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 10 6.1 The BENEFICIARY shall establish and maintain sufficient records to enable the CITY to determine whether the BENEFICIARY has met the requirements of the Program. At a minimum, the following records shall be maintained by the BENEFICIARY: 6.1.1 Records providing a full description of each activity and/or work assisted (or being assisted) with Funds, including its location (if the activity has a geographical locus), the amount of Funds budgeted, obligated and expended for the activity/work, and the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meets eligibility criteria set forth in the Policies and Procedures and the Resolution, and that such information is provided in the form required in same. 6.1.4 Records required to be maintained in accordance with other applicable laws and regulations set forth in the Final Rule. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the BENEFICIARY'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 BENEFICIARY at least until the expiration of the Retention Period. The BENEFICIARY shall maintain records sufficient to meet the requirements of the Final Rule. All records and reports required herein shall be retained and made accessible as provided thereunder. The BENEFICIARY further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The BENEFICIARY 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. The parties hereto further agree that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF BENEFICIARY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BENEFICIARY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 11 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT'S ("DEPARTMENT") CUSTODIAN OF RECORDS AT 2ND FLOOR, 14 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA 33132. 6.2.2 The BENEFICIARY 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 activities/work 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 BENEFICIARY 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 Scope of Work 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 BENEFICIARY shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The BENEFICIARY 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 BENEFICIARY 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 Scope of Work for public purposes. 6.3.2 If the BENEFICIARY 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 BENEFICIARY shall provide a copy of each such report and any follow-up communications and reports to the Department 12 immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The BENEFICIARY shall permit the Department and other persons duly authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, work, and activities of the BENEFICIARY which are in any way connected to the activities/work undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the BENEFICIARY. Following such inspection or interviews, the Department will deliver to the BENEFICIARY a report of its findings. The BENEFICIARY will rectify all deficiencies cited by the Depth tiiient 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 BENEFICIARY's justification is acceptable. At the request of the CITY, the BENEFICIARY shall transmit to the CITY written statements of the BENEFICIARY's official policies on specified issues relating to the BENEFICIARY's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The BENEFICIARY 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 BENEFICIARY is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the BENEFICIARY shall report such relationship to the Depth tuient. Any supplemental information shall be promptly reported to the Department. The BENEFICIARY 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 BENEFICIARY shall submit to the CITY, on a quarterly basis, a Scope of Work status report. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 GENERAL 7.1.1 The BENEFICIARY shall maintain current documentation that its activities/work are Program eligible in accordance with the Act, Policies and Procedures, and the Resolution. 13 7.1.2 The BENEFICIARY shall ensure that any expenditure of the Program Funds will be in compliance with the requirements of 31 CFR Part 35_ 7.1.3 The BENEFICIARY shall comply with all the non-discrimination requirements of 31 CFR §35.6. 7.1.4 The BENEFICIARY shall comply with the affirmative marketing requirements specified in Exhibit "J" attached hereto and incorporated herein; further the Beneficiary shall annually report to the City on all actions taken to comply with said requirements as same are specified in Exhibit "J". 7.1.5 The BENEFICIARY shall comply with all applicable provisions of 31 CFR Part 35, including, but not limited to: (i) all applicable displacement, relocation and acquisition requirements; (ii) ARPA conflict of interest provisions, in addition to the conflict of interest provisions specified under Section 6.7 of this Agreement; and (iii) shall carry out each Project activity in compliance with all other applicable Federal laws and regulations. 7.1.6 The BENEFICIARY shall ensure that, upon Close -Out of the Project and throughout the Affordability Period, the Project meets the same property standards contained in 24 CFR §92.251 and the lead -based paint requirements of 24 CFR §92.355 and 24 CFR Part 35, subparts A, B, J, K, M and R. 7.1.7 Throughout the Affordability Period the BENEFICIARY shall comply with all Project housing quality standards imposed by the City_ 7.1.8 The BENEFICIARY agrees that throughout the Affordability Period, Rents and tenant incomes for the ARPA Assisted Units shall be monitored by the City. 7.1.9 The BENEFICIARY shall comply with all applicable labor requirements pursuant to federal, state, and local laws, rules, and regulations. 7.1.10 Attendance at citizen participation committees/meetings, provided the BENEFICIARY is provided reasonable notice of such committees/meetings. 7.1.11 The BENEFICIARY shall, to the greatest extent possible, give Low -Income residents opportunities for training and employment. 7.1.12 The BENEFICIARY shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with ARPA Funds is an eligible activity under ARPA 7.2 The BENEFICIARY shall comply with all applicable provisions of the Act, Policies and Procedures, and the Resolution and the BENEFICIARY shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. BENEFICIARY acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and BENEFICIARY agrees to comply with such requirements upon written notice from the CITY. 14 7.4 The BENEFICIARY 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 OMITTED. 7.6 NON-DISCRIMINATION. The BENEFICIARY 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 Scope of Work or its performance under this Agreement. Furthermore, the BENEFICIARY 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 Funds. 7.7 The BENEFICIARY shall carry out its Scope of Work in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 OMITTED. 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the BENEFICIARY is or was created by a religious organization, the BENEFICIARY agrees that all Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, Funds may not be used for religious activities. The BENEFICIARY shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the BENEFICIARY shall, within fifteen (15) calendar days form the date of expiration/termination, transfer to the CITY any unused Funds at the time of expiration/termination and any accounts receivable attributable to the use of Funds. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the BENEFICIARY'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 BENEFICIARY fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The BENEFICIARY 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; 15 (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 work, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when activities/work are eligible activities/work pursuant to the Act, the Resolution, and the Scope of Work. 7.13.2 The BENEFICIARY shall incorporate in all consultant subcontracts the following provision: "The BENEFICIARY 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 BENEFICIARY. 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 Work provided in this subcontract." 7.13.3 The BENEFICIARY shall be responsible for monitoring the contractual performance of all contracts it enters into (and any subcontracts that may arise therefrom) in furtherance of the Scope of Work. 7.13.4 The BENEFICIARY shall submit to the CITY for its review and confirmation any contract engaging any party to carry out any Scope of Work 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 BENEFICIARY' s contractor(s). 7.13.5 The BENEFICIARY 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 BENEFICIARY and its contractor(s) shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII BENEFICIARY CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 16 8.1 The BENEFICIARY certifies that: (a) The BENEFICIARY 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 BENEFICIARY'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 BENEFICIARY to act in connection with this Agreement and to provide such information as may be required. (b) The BENEFICIARY shall comply with the Hatch Act, which limits the political activity of employees. (c) The BENEFICIARY 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 BENEFICIARY and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX BENEFICIARY 'S AND OWNER'S OBLIGATIONS 9.1 SCOPE OF WORK. The BENEFICIARY shall perform the Scope of Work as set forth herein and on Exhibit "C" attached hereto. BENEFICIARY shall: (a) meet all of its obligations hereunder and under all of the ARPA Grant Documents executed in connection herewith, (b) commence construction within six (6) months from the Effective Date of the contract, (c) obtain 17 all certificates of occupancy required for the project within 18 months from the Effective Date, (d) have all project units rented within 12 months after the issuance of project's certificate(s) of occupancy but in no event later than thirty-six (36) months from the Effective Date„ (e) rent all ten (10) ARPA Assisted Units to Moderate -Income Households in accordance with the requirements of this Agreement, (d) throughout the Affordability Period, rent the ARPA Assisted Units to Moderate Income Households in accordance with the requirements of this Agreement, the Rent Regulatory Agreement, and the other ARPA Grant Documents; and (f) throughout the Affordability Period, comply with all applicable ARPA Requirements and all applicable requirements hereof and in the other ARPA Grant Documents with regard to the ARPA Assisted Units. The tenant's portion of rents charged for ARPA Assisted Units shall be limited as set forth in the Rent Regulatory Agreement executed in connection herewith. 9.2 REPORTING OBLIGATIONS. The BENEFICIARY shall submit to the City all reports as described in Section 3.4 hereof, and all other reports that the City may reasonably require, in such form, manner, and frequency as the City may reasonably require to monitor the progress of the Project and the BENEFICIARY's performance and compliance with this Agreement and all Legal Requirements. 9.3 PUBLICITY AND ADVERTISEMENTS. The BENEFICIARY shall ensure that all publicity and advertisements prepared and released by the BENEFICIARY, such as pamphlets and news releases, related to activities funded by this Agreement, and all events carried out to publicize the accomplishments of any activities funded by this Agreement, recognize the City as one of its funding sources. 9.4 AFFIRMATIVE MARKETING. The BENEFICIARY shall comply with the affirmative marketing requirements and procedures provided on Exhibit "J" attached hereto and made a part hereof. BENEFICIARY shall comply with the requirements of the affordable housing notice to City Officials in City of Miami Ordinance #13491. 9.5 SIGNAGE, ACKNOWLEDGEMENT, PUBLICITY. During the Term of this Agreement, the BENEFICIARY shall furnish signage identifying the Project and shall acknowledge the contribution of the City by incorporating the seal of the City and the names of the City commissioners and officials in all documents, literature, pamphlets, advertisements, and signage, permanent or otherwise in accordance with Section 9.4 hereof. All such acknowledgments shall be in a form acceptable to the City, as provided on Exhibit "K" attached hereto and made a part hereof. All publicity and advertisements prepared and released by the BENEFICIARY related to the Project, such as pamphlets and news releases, and all events carried out to publicize the Project, shall recognize the City as one of the Project's funding sources. 18 9.6 COSTS INCURRED BY THE CITY. Notwithstanding any other provision of this Agreement, the BENEFICIARY understands and agrees that $10,000.00 of the ARPA Funds were awarded to the Project for, and were used by the City to cover, costs incurred by the City on behalf of the Project. Such costs may include, but are not limited to, environmental advertising costs, recording fees, and project delivery. 9.7 PREVIOUSLY FUNDED CITY PROJECTS. The BENEFICIARY shall comply with: (1) all applicable reporting requirements relating to previously funded City projects which are under construction or in the Affordability Period, including OMB A-133, and (2) all applicable insurance requirements relating to such projects. 9.8 COMPLIANCE WITH SAFETY PRECAUTIONS. The BENEFICIARY shall allow City inspectors, agents or representatives the ability to monitor its compliance with safety precautions as required by federal, state or local laws, rules, regulations and ordinances. By performing these inspections the City, its agents, or representatives are not assuming any liability by virtue of such laws, rules, regulations and ordinances. The BENEFICIARY shall have no recourse against the City, its agents, or representatives for the occurrence, non-occurrence or result of such inspection(s), and shall obtain the affirmative acknowledgment of the BENEFICIARY, for the benefit of the City, that the BENEFICIARY shall have no recourse against the City, its agents, or representatives for the occurrence, non-occurrence or result of such inspection(s). Simultaneously with the submission of the first draw request to the City, the BENEFICIARY shall contact the City's Risk Management Department Safety Unit in writing to coordinate such inspection(s). The BENEFICIARY 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, the BENEFICIARY shall take affirmative steps to ensure nondiscrimination in the employment of disabled persons. 9.9 DRAW REQUESTS. Each Request for Disbursement of hard costs must be signed by the BENEFICIARY, the Architect for the Project and the Contractor, and each Request for Disbursement of soft costs must be signed by the BENEFICIARY, as more fully set forth in the Disbursement Agreement. The City shall not fund any draw request in an amount that exceeds the City's initial contribution percentage of the entire development cost of the project. Five percent (5%) of each draw request will be retained until the City has received as part of the Close-out of the Project, at the Project Sponsor's sole cost, a Final Cost Certification prepared by an independent certified public accountant, which must be acceptable to the City in both form and substance. 9.10 RECORDING. The BENEFICIARY must pay all costs of the recording of the ARPA Grant Documents. Such costs related to the recording of the ARPA Grant Documents may be included in the Itemized Budget submitted to the City. 19 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 activities/work 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 BENEFICIARY, who shall be paid for eligible work completed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the BENEFICIARY an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the BENEFICIARY that any payment made in accordance with this Agreement to the BENEFICIARY shall be made only if the BENEFICIARY is not in default under the terms of this Agreement. If the BENEFICIARY is in default, the CITY shall not be obligated and shall not pay to the BENEFICIARY any sum whatsoever. If the BENEFICIARY fails to materially 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 BENEFICIARY, 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, work, or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current Funds committed to the BENEFICIARY. 10.1.4 Withhold further grants, loans, and/or other monies for the BENEFICIARY. 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 BENEFICIARY's operations and authority to obligate funds under this Agreement or withhold payments to the BENEFICIARY pending necessary corrective action by the BENEFICIARY. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the Funds by the BENEFICIARY; (ii) Failure by the BENEFICIARY to comply with any term or provision of this Agreement; (iii) Failure by the BENEFICIARY to submit any documents required by this Agreement; or 20 (iv) The BENEFICIARY's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the BENEFICIARY'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 BENEFICIARY in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the BENEFICIARY. 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 Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the BENEFICIARY's breach is waived by the Department in writing, the CITY may, by written notice to the BENEFICIARY, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not 21 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 BENEFICIARY 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 BENEFICIARY and persons employed or utilized by BENEFICIARY in the performance of this Agreement. BENEFICIARY 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 Agreement. In the event that any action or proceeding is brought against the CITY by reason of any such claim or demand, the BENEFICIARY shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The BENEFICIARY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY, or persons employed or utilized by BENEFICIARY. 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 BENEFICIARY shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY. The BENEFICIARY 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 BENEFICIARY in which the CITY participated either through review or concurrence of the BENEFICIARY's actions. In reviewing, approving or rejecting any submissions by the BENEFICIARY or other acts of the BENEFICIARY, the CITY in no way assumes or shares any responsibility or liability of the BENEFICIARY or Sub- BENEFICIARY under this Agreement. 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 Depailnuent in writing. 22 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the BENEFICIARY for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The BENEFICIARY 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 BENEFICIARY or its employees must be disclosed in writing to the CITY. 11.7.2 The BENEFICIARY 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. 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the BENEFICIARY 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 Funds and sets forth the rights, duties, and 23 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 City of Miami Department of Housing and Community Development One Flagler Building 14 Northeast 1st Avenue, Second Floor Miami, Florida 33132 Attn: George Mensah, Director With a Copy To: Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Attn: Victoria Mendez BENEFICIARY Greater St. Paul A.M.E. Church, Inc. 3680 Thomas Ave. Miami, FL 33133 Attn: Nathaniel Robinson, CEO 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 24 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. 11.11.6 It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 11.11.7 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 judgment. 11.11.8 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11.11.9 BENEFICIARY shall consult with the CITY regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval may be withheld in the CITY's sole discretion. 11.12 INDEPENDENT CONTRACTOR. The BENEFICIARY 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 25 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 CERTIFICATION. The BENEFICIARY 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 BENEFICIARY's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the BENEFICIARY to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the BENEFICIARY, nor any assignee, successor, heir or personal representative of the BENEFICIARY, 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 BENEFICIARY, 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 TENANT LOTTERY. The selection of eligible tenants to occupy the ARPA Assisted Units shall be from the results of a tenant lottery, which shall be conducted with a representative of the City of Miami present. In addition, the BENEFICIARY and the ARPA Assisted Units shall comply with the requirements of the City of Miami Ordinance #13645 regarding Resident Preference. Remainder of page intentionally left blank Signatures on the next page. 26 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. BENEFICIARY Greater St. Paul A.M.E. Church, Inc. AUTHORIZED REPRESENTATIVE: Name: Nathaniel Robinson Title: President & CEO CITY OF MIAMI, a municipal Corporation of the State of Florida 14,-3 Arthur Noriea V Date: ('6dd B. HDate: City Manager City Clerk 1 a i I a0.3 1 3680 Thomas Ave. Miami, FL 33133 a Florida not -for -profit corporation ATTEST: NZ/kisit-a- I /[2- /a3 ame: D: Title: 7174 e Corporate Seal: ATTEST: APPROV REQUI Ann arie ' arp Risk Manag- ent SURANCE Date: APPROVED AS TO FORM AND CORRECTNESS: Victori Mendez " — Date: City Attorney ti‘f *23-2o 27 EXHIBIT A LEGAL DESCRIPTION LOT 1, LESS THE EAST 1.50 FEET THEREOF, BLOCK 31, FROM HOMESTEAD, ACCORDING TO MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK B, PAGE 106, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. AND LOT 8, BLOCK 34, FROW HOMESTEAD, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK B, PAGE 106, OF THE PUBLIC RECORDS OF MIAMIDADE COUNTY, FLORIDA. 28 EXHIBIT B CORPORATE RESOLUTION AUTHORIZING EXECUTION OF THIS AGREEMENT 29 GREATERST.PAUL CORPORATE RESOLUTION OF THE BOARD OF TRUSTEES OF GREATER ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH November 15, 2023 The undersigned, The Pastor and Chief Executive Officer of Greater St Paul A.M.E Church, Inc., a Florida nonprofit corporation, certifies that: 1. At a duly called board meeting the Board of Trustees unanimously adopted the following resolutions and the same have not been revoked, cancelled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, the Church Conference of Greater St Paul African Methodist Episcopal Church convened for a lawfully scheduled meeting on Wednesday, August 9, 2023 at 6:30pm; 34 voting members and Rev. Nathaniel Robinson III attended the meeting. WHEREAS, the Church Conference reviewed the commitment letter from the City of Miami dated August 1, 2023; Re: Greater St. Paul African Methodist Episcopal Church Hibiscus Williams Project. WHEREAS, after and lengthy and fruitful discussion, Trustee Iesha Brown moved and Trustee Cassandra Wiggins seconded that Greater St Paul accept the terms and sign the commitment letter. NOW BE IT RESOLVED, that the Pastor/Chairperson acting alone in either case, with full power of substitution, be and hereby is authorized to negotiate, approve the form of, execute and deliver: (i) all documents, contracts and agreements with such modifications and additional provisions as the Pastor/Chairperson executing the same may deem advisable; (ii) any and all other documents and instruments required in connection with the Greater St. Paul African Methodist Episcopal Church Hibiscus Williams Project and all supplements and amendments to the same as the Pastor/Chairperson executing the same may deem advisable. All documents and instruments executed and delivered as aforesaid shall be and constitute the acts and obligations of Greater St. Paul African Methodist Episcopal Church. Greater St. Paul African Methodist Episcopal Church 3680 Thomas Avenue Miami, FL 33133 Phone: 305-448-2742 Email: info@greaterstpaulame.com 30 GREATER ST. PAUL FURTHER RESOLVED, that Greater St. Paul African Methodist Episcopal Church ratifies and confirms the acts of the Pastor/Chairperson executing and delivering all such documents and instruments, irrespective of whether such acts were performed before or subsequent to the date of adoption hereof, and Greater St. Paul African Methodist Episcopal Church directs its Pastor/Chairperson to perform all obligations and undertakings under each and all such documents and instruments. FURTHER RESOVED, that the this resolution shall continue in full force and effect. The following individual is duly appointed to the office of Greater St. Paul African Methodist Episcopal Church set forth opposite his name and is incumbent in such office as of the date hereof: NAME TITLE Nathaniel Robinson III Pastor/Chairperson [CERTIFICATION ON NEXT PAGE] Greater St. Paul African Methodist Episcopal Church 3680 Thomas Avenue Miami, FL 33133 Phone: 305-448-2742 Email: info@greaterstpaulame.com 31 GREATER ST. PALL IN WITNESS WHEREOF, the undersigned has hereunto set his hand this 1.1..ruit day of November 2023. GREATER ST. PAUL AME CHURCH, INC., A Florida nonprofit corporation Nathaniel Robinson III, Pastor STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me 22rrlday of November 2023 by Nathaniel Robinson III as Pastor/Chairperson of GREATER ST. PAUL A.M.E. CHURCH, INC., a Florida nonprofit corporation. He is personally known to me or has produce SA DI— as identification. ,4 4ffeSrb, Printed Name Notary Public State of Florida My Commission Expires: f,,t.P �r ALBERT HEREDIA Notary Public, State of Florida Commission# HH 419180 My comm. expires July 9, 2027 Greater St. Paul African Methodist Episcopal Church 3680Thomas Avenue Miami, FL 33133 Phone: 305-448-2742 Email: info@greaterstpaulame_com 32 EXHIBIT C SCOPE OF WORK (Detailed description of the Scope of Work must be provided for each service/program) 33 GREATER SAINT PAUL SCOPE OF WORK Greater Saint Paul has aligned with Affordable DevCorp in order to renovate 10 declined units they own. Four are located at 3472, 3474, 3476, and 3478 Hibiscus Street (Folio 01-4121-007- 5430) and six are located at 3574 William Avenue (Folio 01-4121-007-6180) in Coconut Grove FL, 33133. Since the two building sites require different scopes of work, they will be discussed separately below. 3472 — 3478 HIBISCUS STREET COCONUT GROVE FL 33133 These are 4 stand alone, concrete block cottages that are roughly 800 square feet each. They have small front porches facing the street, and small back yards.. Each unit will go through an interior demolition which will reveal any hidden deficiencies. Mechanical, electric and plumbing systems will be removed and upgraded to meet current code. Roofs will be replaced with a seamed steel roof to deliver a more Caribbean feel to the units. Bathrooms will be reconfigured for greater efficiency and will be tiled with ceramic in order to create rooms that will last. Shower plumbing will be an exposed style in order to make repairs easier and less invasive. Dual flush toilets will be installed to conserve water. New kitchens will be installed with new cabinetry and countertops. Energy Star appliances will be installed. New paint and flooring will be installed. The cottages will be paint on the exterior in soft Caribbean colors, and the porches will be restored with more Caribbean appropriate stiles and railings. Native Floridian landscape will be in stalled along with a raised box garden between the cottages to enable residents to garden and/or grow small vegetables and herbs. A common outdoor laundry and proper waste management area will be created. 3574 WILLIAM AVENUE COCONUT GROVE FL 33133 This building site consists of two 2-story buildings. The front building holds 4 units and the rear building has 2. Units are roughly 750 square feet. The building is in serious decline and is a wood frame structure from 1932. Given that it was built with Dade -County pine, the building is surprisingly solid with termite infiltration only occurring wherever new wood was installed over the years. An interior demolition down to the studs will occur in order for the buildings to be brought up to code. Floors have remained level with no bowing, bouncing nor slope. Joists between the first and second floor will have to be sister-ed in order to meet the 10" current depth. New roof trusses will need to be placed and strapped with Simpson ties. A new roof will be installed as one of the first orders of construction to stop water infiltration. All new mechanical, electrical and plumbing systems will be installed. All deficiencies at staircases will be corrected (current staircases do not meet current code requirements). Each unit will have tiled bathrooms with exposed showers and dual flush toilets. Each kitchen will have new cabinetry and Energy Star appliances. The building will be painted in a soft Caribbean color in order to comply with the West Grove overlay code. Railings and stiles will also be Caribbean in nature. There is a large rear yard where a common laundry will be installed as well as raised gardens for residents to use or grow small vegetables in. 34 HOW THE SCOPE OF WORK ADDRESS THE IMPACTS OF COVID-19 The mission of Greater Saint Paul in housing is to provide safe, affordable, flexible and compassionate housing to the most at -risk within the Coconut Grove community. Numerous publications, including the quarterly World Medicine + Health Policy have proven that the health, social and economic impacts of COVID-19 have been the greatest and longest lasting to previously disadvantaged communities. Those impacts include, but are not limited to health disparities, job insecurities and curtailed life choices. The housing units this project will deliver to the community will combat and equalize these impacts by providing a stable, safe and secure home base for those in the community who are in need. Coconut Grove is a rapidly gentrifying area of Miami, whose land and housing costs have risen exponentially forcing upward pressure on rents for the working class. With the AMI caps these will carry, the project secures affordable housing for those who need it most in an area with great proximity to their workplaces. With the declared Housing Emergency, Miami is seeing those who are socioeconomically marginalized get pushed far into the suburbs or into homelessness which makes access to employment difficult if not impossible. 35 EXHIBIT D COMPENSATION AND BUDGET SUMMARY A. The maximum compensation under this Agreement shall be $ 2,200,000.00 B. BENEFICIARY's Itemized Budget, Cost Allocation, Budget Narrative, Personnel, position title and compensation are attached hereto and made part of this Agreement. C. All payments shall be for activities/work completed only during the term of this Agreement and in compliance with the previously approved Scope of Work (Exhibit B) and Program Budget. D. Requests for payment should be made on a monthly basis. Reimbursement requests should be submitted to the CITY by the 10th of the following month to the following email address albcastellon@miamigov.com after the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. BENEFICIARY may enroll in Direct Payment with the CITY. The DEPARTMENT can provide additional information for the BENEFICIARY to enroll in Direct Payment. E. Each written request for payment shall contain a statement declaring and affirming that the work was completed in accordance with the approved Scope of Work and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. F. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. G. The BENEFICIARY must submit the fmal request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the BENEFICIARY fails to comply with this requirement, the BENEFICIARY shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the BENEFICIARY as a part of this Agreement and any modifications thereto. I. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the BENEFICIARY pertaining to any payments by the CITY. 36 Authorized Represe tive Signature: Print Name: Nathaniel Robinson Title: President, Greater St. Paul A.M.E. Church, Inc. flfrf9-053 Date STATE OF FLORIDA COUNTY OF MIAMI-DADS The forego' g instrumen�ty'as acknowle�}ged before me by means of a'physical presence or o online notarization, this day of /J' l/ O4 / 2023 by Nathaniel Robinso of Gre er St. Paul A.M.E. Church, Inc., a Florida Not For Profit Corporation, on behalf of the corporation/she is personally known to me r has produced as identification. [Notary Seal]: ��► ROSAE.WILLIAMS MY COMMISSION # NH 106184 EXPIRES: July 19, 2025 er `•: Bonded ThruNotaryPublic Undewdtera ignature of Notary 37 EXHIBIT E CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Representative Signature: Print Name: Nathaniel Robinson Title: President, Greater St. Paul A.M.E. Church, Inc. 1 I / 9,9 / aocg-3 Date STATE OF FLORIDA COUNTY OF MIANII-DADS The foregoing instrumentas acknow edged befor 'phy me by means of Llsical presence or ❑ online w notarization, this air day of ai/ 2023, by Nathaniel Robinson of the reater St. aul A.M.E. Church, Inc., a Florida not for profit corporation, on behalf of the corporation she is personally known to m)e, or has produced 1 as ide tification. /.--Jc. [Notary Seal]: og4i;, ROSA E. WILLIAMS • \ , MY COMMISSION#HH106184 ....- W EXPIRES: July 19. 2025 `.ge, f ite Bonded Thru Notary Public Underwriters i ature of Notary 38 EXI-IIBIT F CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. BENEFICIARY certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Authori Rpprntative Signature: Print Name: Nathaniel Robinson Title: President, Greater St. Paul A.M.E. Church, Inc. 1)la-$Igo Da{e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrum t was acknowledged before me, by means of physical presence or 0 online .0I notarization, this ° day of �ycp, N 2023, by Nathaniel Robinson of the Greater St. Paul A.M.E. Church, Inc, a Florida not for profit corporation, on behalf of the corporation.vlI she is (ersonally known to me r has produced gas identification. [Notary Seal] t+ "e ROSA E. WILL1AM$ tom- MY COMMISS•1•:.IN r? 4H 1C 184 •;:t. £XP ES: . 21125 -'4°FF: to Bonded Thru Notary Public Undetwrttere gnature'of Notary ROSA E. WILLIAMS MY COMMISSION # HH 106184 EXPIRES: July 19. 2025 oc FA. Bonded Thru Notary Public Undermitsrs 39 EXHIBIT G 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 66 ()'fit I 1 G-► \C by 'hex. Pc2vlivd iOb11(Q r (Print this individual's name and title) for (�P2v✓ S� • t� -t �, Gnta✓Cjr‘ (Print name of entity submitting statements) whose business address is 3(o ) T1AorncS 1%-`uonue., 1-i i ar'ii \L 33 \ 33 and if applicable is Federal Employer Identification Number (FEIN) is 1- 111-1 .(--1 1 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 defmed in Paragraph 287.133(1)(b), Florida Statutes means a fmding 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 defmed in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defmed 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 40 term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Represntjve Signature: )I1aalava3 Print Name: Nathaniel Robinson date Title: President, Greater St. Paul A.M.E. Church, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowl dged before me by means of Lf physical presence or 0 online notarization, this /If' day of 44/2.7711,41 2023, by Nathaniel Robinson of the Greater St ' , A.M.E. Church, Inc., a Florida not for profit corporation, on behalf of the corporationshe is personally known to me i r has produced as identification. [Notary Seal]: 10 41'!•"•^!l,E;., ROSA E. WILLIAMS _ '• MY COMMISSION S HH 106184 E�;o'r:` EXPIRES: July 19.2025 .!!F %,.. Bonded Thru Notary Public UnderwNera I II l I►I 1:.nature of Notary 41 EXHIBIT H INSURANCE REQUIREMENTS 42 EXHIBIT H-1 INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE CONSTRUCTION REQUIREMENTS ST. PAUL A.M.E. -HIBISCUS- WILLIAMS PROJECT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami listed as an Additional Insured Contingent and Contractual Liability Premises and Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement Extended Completed Operations Endorsement proving 10 years coverage extension following project completion, including City as additional insured Including Crane and Rigging Liability, as applicable II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured 43 Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy. A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 5,000,000 Aggregate $ 5,000,000 City of Miami listed as an additional Insured. Coverage is excess follow form over all liability polices contained herein. VI. Payment and Performance Bond $TBD City of Miami listed as Obligee 44 VII. Builders' Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $25,000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami listed as loss payee A. Coverage Extensions: As provided by carrier The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or in accordance to 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. 45 EXHIBIT H-2 INSURANCE REQUIREMENTS-ARPA BENEFICIARY REQUIREMENTS III. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement IV. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed as an additional insured 46 V. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation 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 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to 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. 47 Authorized Representive Signature: Print Name: Nathaniel Robinson Title: President, Greater St. Paul A.M.E. Church, Inc. labigc)?•3 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instru a was acknowl d ed before.me bymeans of Xsical resence or ❑online g t ,, � P notarization, this;,J,�'� dayof ��/ 2023, by Nathaniel Robinson of the Greater St. Paul A.M.E. Church, Inc., a Florida not for profit corporation, on behalf of the corporation. Cashe is ersonally own to me r has produced as ide tification. a [Notary Seal]: ture of Notary 48 EXHIBIT I PROGRAMMATIC REPORTING REQUIREMENTS Compliance must be ensured with the following: State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February 28, 2022 — Version 3.0 (and any future updates and revisions) SLFRF Compliance and Reporting Guidance (treasury.gov) https://home.treasury. gov/system/files/136/S LFRF-Compliance- and-Reporting-Guidance.p d f Throughout the term of this Agreement, the BENEFICIARY shall submit to the CITY a quarterly report on the 5th day of the month that follows the end of a calendar quarter (i.e., January 5, April 5, July 5, October 5). Upon the end of the term of this Agreement, the BENEFICIARY understands that they are required to submit to the CITY a final quarterly report on the 5th day of the month that follows the end of the quarter the term of the Agreement ended. Programmatic Reporting Required: Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April 2022 o Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced o Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19. II. Capital Expenditures (EC 1.1-3.5) - Collection began in January 2022, with additional optional fields to begin in April 2022; optional fields will become required in July 2022 o Does this project include a capital expenditure? (Collection began in January 2022) o Total expected capital expenditure, including pre -development costs, if applicable (Collection began in January 2022) o Type of capital expenditure, based on the following enumerated uses (This field is optional in April 2022; required in July 2022): • COVID-19 testing sites and laboratories, and acquisition of related equipment • COVID-19 vaccination sites • Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19related treatment) • Temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs • Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment 49 • Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems). • Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities • Public health data systems, including technology infrastructure • Adaptations to congregate living facilities, including skilled nursing facilities, other long-term care facilities, incarceration settings, homeless shelters residential foster care facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVID-19 in the facility) • Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces) ■ Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers) ■ Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic • Affordable housing, supportive housing, or recovery housing development ■ Food banks and other facilities primarily dedicated to addressing food insecurity • Transitional shelters (e.g., temporary residences for people experiencing homelessness) • Devices and equipment that assist households in accessing the internet (e.g., tablets, computers, or routers) ■ Childcare, daycare, and early learning facilities • Job and workforce training centers • Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint) • Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings) ■ Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces • Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties • Schools and other educational facilities or equipment to address educational disparities • Technology and tools to effectively develop, execute, and evaluate government programs • Technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs • Other (please specify) o For projects with total expected capital expenditures of over $10 million, provide labor reporting. III. Use of Evidence: (for all ECs indicated) - Collection to begin in April 2022 o The dollar amount of the total project spending that is allocated towards evidence - based interventions o Indicate if a program evaluation of the project is being conducted IV. Required Performance Indicators and Programmatic Data o Household Assistance (EC 2.2 & 2.5) and Housing Support (EC 3.10-3.12): • Number of people or households receiving eviction prevention services (including legal representation) • Number of affordable housing units preserved or developed o Household Assistance (EC 2.1-2.8) — Collection began January 2022: • Number of households served (by program if recipient establishes multiple separate household assistance programs). o Negative Economic Impacts (EC 2): • Number of workers enrolled in sectoral job training programs • Number of workers completing sectoral job training programs • Number of people participating in summer youth employment programs V. Project Demographic Distribution (Applicable to Public Health and Negative Economic Impact ECs: EC 1.1-2.37) — Collection to begin April 2022 o Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and 51 disproportionately impacted communities. Recipients will be asked to respond to the following: • What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. • If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. o Assistance to Households • Impacted • Low- or -moderate income households or populations • Households that experienced unemployment • Households that experienced increased food or housing insecurity • Households that qualify for certain federal programs • For services to address lost instructional time in K-12 schools: any students that lost access to in -person instruction for a significant period of time • Other households or populations that experienced a negative economic impact of the pandemic other than those listed above (please specify) • Disproportionately Impacted • Low-income households and populations • Households and populations residing in Qualified Census Tracts • Households that qualify for certain federal programs • Households receiving services provided by Tribal governments • Households residing in the U.S. territories or receiving services from these governments • For services to address educational disparities, Title I eligible schools • Other households or populations that experienced a disproportionate negative economic impact of the pandemic other than those listed above (please specify) VI. Environmental and General Requirements o All projects must comply with applicable federal, state and local law. o Recipients shall adhere to strong labor standards, including labor agreements and community benefit agreements. o Recipients shall prioritize in their procurements employers with high labor standards and prioritize employers without recent violations of federal and state labor employment laws. 52 EXHIBIT J Affirmative Marketing Procedures and Responsibilities 53 Note to all applicants/respondents: This form was developed with Nuance, the official HUD software for the creation of HUD forms. HUD has made available instructions for downloading a free installation of a Nuance reader that allows the user to fill-in and save this form in Nuance. Please see http:/lportal.hud.aov/hudportal/documents/huddoc?id=nuancereaderinstall.pdf for the instructions. Using Nuance software is the only means of completing this form. Affirmative Fair Housing Marketing Plan (AFHMP) - Multifamily Housing U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity OMB Approval No. 2529-0013 (exp.1/31/2021) la. Project Name &Address (including City, County, State &Zip Code) 1b. Project Contract Number lc. No. of Units 1 d. Census Tract Ifract 72 Miami Dade Block Group 2 le. Housing/Expanded Housing Market Area -lousing Market Area: City of Miami Expanded Housing Market Area: District2 If. Managing Agent Name, Address (including City, County, State & Zip Code), Telephone Number & Email Address sell managed / Greater St Paul A M E Church 3680 Thomas Ave Coconut Grove FL 33133 305-448-2742 info@greaterstpaulame.com 1g. Application/Owner/Developer Name, Address (including City, County, State & Zip Code), Telephone Number& Email Address 3reater St Paul A M E Church 3680 Thomas Ave Coconut Grove FL 33133 305-448-2742 info@greaterstpaulame.com 1 h. Entity Responsible for Marketing (check all that apply) ✓0 Owner D Agent ❑ Other (specify) Position, Name (if known), Address ( including City, County, State & Zip Code), Telephone Number & Email Address Feverend Nathaniel Robinson, CEO c/o Greater St Paul A M E Church 3680 Thomas Ave Coconut G rove FL 33133 305-448-2742 fo@greaterstpaulame.com To whom should approval and other correspondence conceming this AFHMP be sent? Indicate Name, Address (including City, State & Zip Code), Telephone Number & E-Mail Address. 'Reverend Nathaniel Robinson, CEO c/o Greater St Paul A M E Church 3680 Thomas Ave Coconut Grove FL 33133 305-448-2742 nfo@greaterstpaulame.com 2a. Affirmative Fair Housing Marketing Plan Plan Type Initial Plan Reason(s) for current update: Date of the First Approved AFHMP: 2b. HUD -Approved Occupancy of the Project (check all that apply) ✓� Elderly p Family Mixed (Elderly/Disabled) 0 Disabled 2c. Date of Initial Occupancy 2d. Advertising Start Date Advertising must begin at least 90 days prior to initial or renewed occupancy for new construction and substantial rehabilitation projects. Date advertising began or will begin For existing projects, select below the reason advertising will be used: To fill existing unit vacancies ❑ To place applicants on a waiting list [](which currently has [i individuals) To reopen a closed waiting list El (which currently has [ individuals) Previous editions are obsolete Page 1 of 8 Form HUD-935.2A (12/2011) 54 3a. Demographics of Project and Housing Market Area Complete and submit Worksheet 1. 3b. Targeted Marketing Activity Based on your completed Worksheet 1, indicate which demographic group(s) in the housing market area is/are least likely to apply for the housing without special outreach efforts. (check all that apply) ID White Q✓ American Indian or Alaska Native ©Asian �✓ Native Hawaiian or Other Pacific Islander ❑ Hispanic or Latino ❑ Families with Children 0 Other ethnic group, religion, etc. (specify) ❑ Black or African American ❑ Persons with Disabilities 4a. Residency Preference Is the owner requesting a residency preference? If yes, complete questions 1 through 5. If no, proceed to Block 4b. (1) Type Please Select Type Nn (2) Is the residency preference area: _ The same as the AFHMP housing/expanded housing market area as identified in Block 1 e? Please Select Yes or No The same as the residency preference area of the local PHA in whose jurisdiction the project is located? (3) What is the geographic area for the residency preference? (4) What is the reason for having a residency preference? Please Select Yes or No (5) How do you plan to periodically evaluate your residency preference to ensure that it is in accordance with the non-discrimination and equal opportunity requirements in 24 CFR 5.105(a)? Complete and submit Worksheet 2 when requesting a residency preference (see also 24 CFR 5.655(c)(1)) for residency preference requirements. The requirements in 24 CFR 5.655(c)(1) will be used by HUD as guidelines for evaluating residency preferences consistent with the applicable HUD program requirements. See also HUD Occupancy Handbook (4350.3) Chapter 4, Section 4.6 for additional guidance on preferences. 4b. Proposed Marketing Activities: Community Contacts Complete and submit Worksheet 3 to describe your use of community contacts to market the project to those least likely to apply. 4c. Proposed Marketing Activities: Methods of Advertising Complete and submit Worksheet 4 to describe your proposed methods of advertising that will be used to market to those least likely to apply. Attach copies of advertisements, radio and television scripts, Internet advertisements, websites, and brochures, etc. Previous editions are obsolete Page 2 of 8 Form HUD-935.2A (12/2011) 55 5a. Fair Housing Poster The Fair Housing Poster must be prominently displayed in all offices in which sale or rental activity takes place (24 CFR 200.620(e)). Check below all locations where the Poster will be displayed. E Rental Office 0 Real Estate Office El Model Unit El Other (specify) 5b.Affirmative Fair Housing Marketing Plan The AFHMP must be available for public inspection at the sales or rental office (24 CFR 200.625). Check below all locations where the AFHMP will be made available. ✓❑ Rental Office Real Estate Office El Model Unit Other (specify) 5c. Project Site Sign Project Site Signs, if any, must display in a conspicuous position the HUD approved Equal Housing Opportunity logo, slogan, or statement (24 CFR 200.620(f)). Check below all locations where the Project Site Sign will be displayed. Please submit photos of Project signs. E Rental Office Real Estate Office D Model Unit 0 Entrance to Project Other (specify) The size of the Project Site Sign will be The Equal Housing Opportunity logo or slogan or statement will be x 6. Evaluation of Marketing Activities Explain the evaluation process you will use to determine whether your marketing activities have been successful in attracting individuals least likely to apply, how often you will make this determination, and how you will make decisions about future marketing based on the evaluation process. 5n a quarterly basis, we will review the social media analytics to guage if the notices of available housing have hit the audience :argets of those least likely to apply. If not, we may choose to adjust our ad campaign to further target those individuals least likely :o apply. Additionally, we shall, on a quarterly basis, reach out to other charity organizations who work specifically with those least ikely to apply, to remind them of the avaible unit we may have or may have upcoming. Previous editions are obsolete Page 3 of 8 Form HUD-935.2A (12/2011) 56 7a. Marketing Staff What staff positions are/will be responsible for affirmative marketing? Droperty manager / Rosa Williams rosa@greaterstpaulame.com Community Liason / lesha Brown ieshabrown@greaterstpaul.com 7b. Staff Training and Assessment: AFHMP (1) Has staff been trained on the AFHMP? (2) Has staff been instructed in writing and orally on non-discrimination and fair housing policies as required by 24 CFR 200.620(c)? (3) If yes, who provides instruction on the AFHMP and Fair Housing Act, and how frequently? Yes YPG 0 Jniversity of Miami Center for Ethics and Public Service and Legal Services of Greater Miami, Inc on an annual basis (4) Do you periodically assess staff skills on the use of the AFHMP and the application of the Fair Housing Act? (5) f yes, how and how often? VP, 0 Annually 7c. Tenant Selection Training/Staff (1) Has staff been trained on tenant selection in accordance with the projects occupancy policy, including any residency preferences? 'Yes 0 (2) What staff positions are/will be responsible for tenant selection? property manager/ Rosa Williams rosa@greaterstpaulame.com Dommunity Liason / lesha Brown ieshabrown@greaterstpaulame.com 7d. Staff Instruction/Training: Describe AFHM/Fair Housing Act staff training, already provided or to be provided, to whom it was/will be provided, content of training, and the dates of past and anticipated training. Please include copies of any AFHM/Fair Housing staff training materials. Previous editions are obsolete Page 4 of 8 Form HUD-935.2A (12/2011) 57 8. Additional Considerationsls there anything else you would like to tell us about your AFHMP to help ensure that your program is marketed to those least likely to apply for housing in your project? Please attach additional sheets, as needed. Greater St Paul offers housing on a first come, first served basis. Any and all are welcome to apply. There are no requirements to oin the church, attend a service or get involved at all with the church. Dn a weekly basis, Greater St Paul AME opens Ws doors to any and all individuals in need of a.meal. Through that weekly opening, iumerous indivuduals request housing. This program has been a service to the community for over 30 years, which has positioned :he community to have deep knowlege that any and all may arrive at the church to request housing assistence. There is no one type 9f individual in the masses being served; any and all from all walks of life are welcome and have.received the help needed. Every quarter, the Proeprty Manager meets with those being served, to introduce the housing that is available, and instruct on the -equriements for application for said housing. 9. Review and Update By signing this form, the applicant/respondent agrees to implement its AFHMP, and to review and update its AFHMP in accordance with the instructions to item 9 of this form in order to ensure continued compliance with HUD's Affirmative Fair Housing Marketing Regulations (see 24 CFR Part 200, Subpart M). I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (See 18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). Signature of person submitting this Plan & Date of Submission (mm/dd/yyyy) Name (type or print) Title & Name of Company For HUD -Office of Housing Use Only Reviewing Official: For HUD -Office of Fair Housing and Equal Opportunity Use Only Approval ❑ Disapproval Signature & Date (mm/dd/yyyy) Signature & Date (mm/dd/yyyy) Name (type or print) Title Previous editions are obsolete Page 5 of 8 Name (type or print) Title Form HUD-935.2A (12/2011) 58 Public reporting burden for this collection of information is estimated to average six (6) hours per initial response, and four (4) hours for updated plans, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget (OMB) control number. Purpose of Form: All applicants for participation in FHA subsidized and unsubsidized multifamily housing programs with five or more units (see 24 CFR 200.615) must complete this Affirmative Fair Housing Marketing Plan (AFHMP) form as specified in 24 CFR 200.625, and in accordance with the requirements in 24 CFR 200.620. The purpose of this AFHMP is to help applicants offer equal housing opportunities regardless of race, color, national origin, religion, sex, familial status, or disability. The AFHMP helps owners/agents (respondents) effectively market the availability of housing opportunities to individuals of both minority and non -minority groups that are least likely to apply for occupancy. Affirmative fair housing marketing and planning should be part of all new construction, substantial rehabilitation, and existing project marketing and advertising activities. An AFHM program, as specified in this Plan, shall be in effect for each multifamily project throughout the life of the mortgage (24 CFR 200.620(a)). The AFHMP, once approved by HUD, must be made available for public inspection at the sales or rental offices of the respondent (24 CFR 200.625) and may not be revised without HUD approval. This form contains no questions of a confidential nature. Applicability: The form and worksheets must be completed and submitted by all FHA subsidized and unsubsidized multifamily housing program applicants. INSTRUCTIONS: Send completed form and worksheets to your local HUD Office, Attention: Director, Office of Housing Part 1: ApplicantlRespondent and Project Identification. Blocks la, 1 b, 1 c, 1 g, 1 h, and 1 i are self- explanatory. Block ld- Respondents may obtain the Census tract number from the U.S. Census Bureau (http://factfinder2.census.gov/main.html) when completing Worksheet One. Block 1 e- Respondents should identify both the housing market area and the expanded housing market area for their multifamily housing projects. Use abbreviations if necessary. A housing market area is the area from which a multifamily housing project owner/agent may reasonably expect to draw a substantial number of its tenants. This could be a county or Metropolitan Division. The U.S. Census Bureau provides a range of levels to draw from. An expanded housing market area is a larger geographic area, such as a Metropolitan Division or a Metropolitan Statistical Area, which may provide additional demographic diversity in terms of race, color, national origin, religion, sex, familial status, or disability. Block 1f- The applicant should complete this block only if a Managing Agent (the agent cannot be the applicant) is implementing the AFHMP. Previous editions are obsolete Part 2: Type of AFHMP Block 2a- Respondents should indicate the status of the AFHMP, i.e., initial or updated, as well as the date of the • first approved AFHMP. Respondents should also provide the reason (s) for the current update, whether the update is based on the five-year review or due to significant changes in project or local demographics (See instructions for Part 9). Block 2b- Respondents should identify all groups HUD has approved for occupancy in the subject project, in accordance with the contract, grant, etc. Block 2c- Respondents should specify the date the project was/will be first occupied. Block 2d- For new construction and substantial rehabilitation projects, advertising must begin at least 90 days prior to initial occupancy. In the case of existing projects, respondents should indicate whether the advertising will be used to fill existing vacancies, to place individuals on the projects waiting list, or to re -open a closed waiting list. Please indicate how many people are on the waiting list when advertising begins. Page 6 of 8 Form HUD 935.2A (12/2011) 59 Part 3 Demographics and Marketing Area. "Least likely to apply" means that there is an identifiable presence of a specific demographic group in the housing market area, but members of that group are not likely to apply for the housing without targeted outreach, including marketing materials, iri other languages for limited English proficient individuals, and alternative formats for persons with disabilities. Reasons for not applying may include, but are not limited to, insufficient information about housing opportunities, language barriers, or transportation impediments. Block 3a - Using Worksheet 1, the respondent should indicate the demographic composition of the projects residents, current project applicant data, census tract, housing market area, and expanded housing market area. The applicable housing market area and expanded housing market area should be indicated in Block le. Compare groups within rows/across columns on Worksheet 1 to identify any under -represented group(s) relative to the surrounding housing market area and expanded housing market area, i.e., those group(s) "least likely to apply" for the housing without targeted outreach and marketing. If there is a particular group or subgroup with members of a protected class that has an identifiable presence in the housing market area, but is not included in Worksheet 1, please specify under "Other." Respondents should use the most current demographic data from the U.S. Census or another official source such as a local government planning office. Please indicate the source of your data in Part 8 of this form. Block 3b - Using the information from the completed Worksheet 1, respondents should identify the demographic group(s) least likely to apply for the housing without special outreach efforts by checking all that apply. Part 4 - Marketing Program and Residency Preference (if any). Block 4a - A residency preference is a preference for admission of persons who reside or work in a specified geographic area (see 24 CFR 5.655(c)(1)0)). Respondents should indicate whether a residency preference is being utilized, and if so, respondents should specify if it is new, revised, or continuing. If a respondent wishes to utilize a residency preference, it must state the preference area (and provide a map delineating the precise area) and state the reason for having such a preference. The respondent must ensure that the preference is in accordance with the non- discrimination and equal opportunity requirements in 24 CFR 5.105(a) (see 24 CFR 5.655(c)(1)). Respondents should use Worksheet 2 to show how the percentage of the eligible population living or working in the residency preference area compares to that of residents of the project, project applicant data, census tract, housing market area, and expanded housing market area. The percentages would be the same as shown on completed Worksheet 1. Block 4b - Using Worksheet 3, respondents should describe their use of community contacts to help market the project to those least likely to apply. This table should include the name of a contact person, his/her address, telephone number, previous experience working with the target population(s), the approximate date contact was/will be initiated, and the specific role the community contact will play in assisting with affirmative fair housing marketing or outreach. Block 4c - Using Worksheet 4, respondents should describe their proposed method(s) of advertising to market to those least likely to apply. This table should identify each media option, the reason for choosing this media, and the language of the advertisement. Alternative format(s) that will be used to reach persons with disabilities, and logo(s) that will appear on the various materials (as well as their size) should be described. Please attach a copy of the advertising or marketing material. Part 5— Availability of the Fair Housing Poster, AFHMP, and Project Site Sign. Block 5a - The Fair Housing Poster must be prominently displayed in all offices in which sale or rental activity takes place (24 CFR 200.620(e)). Respondents should indicate all locations where the Fair Housing Poster will be displayed. Block 5b -The AFHMP must be available for public inspection at the sales or. rental office (24 CFR 200.625). Check all of the locations where the AFHMP will be available. Block 5c -The Project Site Sign must display in a conspicuous position the HUD -approved Equal Housing Opportunity logo, slogan, or statement (24 CFR 200.620(f)). Respondents should indicate where the Project Site Sign will be displayed, as well as the size of the Sign and the size of the logo, slogan, or statement. Please submit photographs of project site signs. Previous editions are obsolete Page 7 of 8 Form HUD-935.2A (12/2011) 60 Part 6 - Evaluation of Marketing Activities. Respondents should explain the evaluation process to be used to determine if they have been successful in attracting those individuals identified as least likely to apply. Respondents should also explain how they will make decisions about future marketing activities based on the evaluations. Part 7- Marketing Staff and Training. Block 7a -Respondents should identify staff positions that are/will be responsible for affirmative marketing. Block 7b - Respondents should indicate whether staff has been trained on the AFHMP and Fair Housing Act. Please indicate who provides the training and how frequently. In addition, respondents should specify whether they periodically assess staff members' skills in using the AFHMP and in applying the Fair Housing Act. They should state how often they assess employee skills and how they conduct the assessment. Block 7c - Respondents should indicate whether staff has been trained on tenant selection in accordance with the project's occupancy policy, including residency preferences (if any). Respondents should also identify those staff positions that are/will be responsible for tenant selection. - Block 7d - Respondents should include copies of any written materials related to staff training, and identify the dates of past and anticipated training. Part 8 -Additional Considerations. Respondents should describe their efforts not previously mentioned that were/are planned to attract those individuals least likely to apply for the subject housing. Part 9 - Review and Update. By signing the respondent assumes responsibility for implementing the AFHMP. Respondents must review their AFHMP every five years or when the local Community Development jurisdiction's Consolidated Plan is updated, or when there are significant changes in the demographics of the project or the local housing market area. When reviewing the plan, the respondent should consider the current demographics of the housing market area to determine if there have been demographic changes in the population in terms of race, color, national origin, religion, sex, familial status, or disability. The respondent will then determine if the population least to likely to apply for the housing is still the population identified in the AFHMP, whether the advertising and publicity cited in the current AFHMP are still appropriate, or whether advertising sources should be modified or expanded. Even if the demographics of the housing market area have not changed, the respondent should determine if the outreach currently being performed is reaching those it is intended to reach as measured by project occupancy and applicant data. If not, the AFHMP should be updated. The revised AFHMP must be submitted to HUD for approval. HUD may review whether the affirmative marketing is actually being performed in accordance with the AFHMP. If based on their review, respondents determine the AFHMP does not need to be revised, they should maintain a file documenting what was reviewed, what was found as a result of the review, and why no changes were required. HUD may review this documentation. Notification of Intent to Begin Marketing. No later than 90 days prior to the initiation of rental marketing activities, the respondent must submit notification of intent to begin marketing. The notification is required by the AFHMP Compliance Regulations (24 CFR 108.15). The Notification is submitted to the Office of Housing in the HUD Office servicing the locality in which the proposed housing will be located. Upon receipt of the Notification of Intent to Begin Marketing from the applicant, the monitoring office will review any previously approved plan and may schedule a pre -occupancy conference. Such conference will be held prior to initiation of sales/rental marketing activities. At this conference, the previously approved AFHMP will be reviewed with the applicant to determine if the plan, and/or its proposed implementation, requires modification prior to initiation of marketing in order to achieve the objectives of the AFHM regulation and the plan. OMB approval of the AFHMP includes approval of this notification procedure as part of the AFHMP. The burden hours for such notification are included in the total designated for this AFHMP form. Previous editions are obsolete Page 8 of 8 Form HUD-935.2A (12/2011) 61 Worksheet 1: Determining Demographic Groups Least Likely to Apply for Housing Opportunities (See AFHMP, Block 3b) In the respective columns below, indicate the percentage of demographic groups among the projects residents, current project applicant data, census tract, housing market area, and expanded housing market area (See instructions to Block le). If you are a new construction or substantial rehabilitation project and do not have residents or project applicant data, only report information for census tract, housing market area, and expanded market area. The purpose of this information is to identify any under -representation of certain demographic groups in terms of race, color,.national origin, religion, sex, familial status, or disability. If there is significant under -representation of any demographic group among project residents or current applicants in relation to'the housing/expanded housing market, area, then targeted outreach and marketing should be directed towards these individuals least likely to apply. Please indicate under -represented groups in Block 3b of the.AFHMR. Please attach maps showing both the.hbusing market area and the expanded housing market area. Demographic Characteristics Project's Residents. Project's Applicant Data Census Tract Housing Market Area Expanded Housing Market Area %White Black or African American .% Hispanic or Latino % Asian . ) % American Indian or Alaskan Native % Native Hawaiian or Pacific Islander %Persons with Disabilities % Families with Children under the age of 18 Other (specify) 62 Worksheet 2: Establishing a.Residency Preference_Area (See AFHMP, Block 4a) Complete this Worksheet if you wish to continue, revise; or add a residency preference, which is a preference for admission of persons Who reside or Work in a specified geographic area. (see 24 CFR 5.655(c)(1)(ii)). If a.,residency preference is utilized, the preference must be in accordance with the non-discrimination and equal opportunity requirements contained in 24 CFR 5.105(a). This Worksheet will help show how the percentage of the population in the residency preference area compares to the demographics of the project's residents, applicant data, census tract, housing market area, and expanded housing market area. Please attach a map clearly delineating the residency preference geographical area. Demographic Characteristics in Project's Residents (as determined Worksheet 1) Project's Applicant Data (as determined in Worksheet 1) Census Tract (as determined. in Worksheet 1) Housing Market Area (as determined in Worksheet 1) Expanded Housing Market Area (as determined in Worksheet 1) Residency Preference Area (if applicable) % White % Black or African American % Hispanic or Latino % Asian % American Indian or Alaskan Native % Native Hawaiian or Pacific Islander % Persons with Disabilities % Families with Children under the age of 18 Other (specify) 63 Worksheet 3: Proposed Marketing Activities —Community Contacts (See.AFHMP, Block 4b) For each targeted marketing population designated as least likely to apply in Block 3b, identify at least one community contact organization you will use to facilitate outreach to the particular population group. This could be a social service agency, religious body, advocacy group, community center, etc. State the names of contact persons, their addresses, their telephone numbers, their previous experience.working with the target population, the approximate date contact was/will be initiated, and the specific role they will play in assisting with the affirmative fair housing marketing. Please attach additional pages if necessary. Targeted Population(s) Community Contact(s), including required information noted above. Native American Pacific Islander NAAAP Miami / The National Association of Asian American Professionals (NAAAP) is a 501(c)(3) non-profit organization that cultivates and empowers North Americar Asian & Pacific Islander leaders through professional development, community service, and ietworking. NAAAP members collaborate to accelerate the career success of all Asian & Pacific Islanders and to make a positive impact in the communities they serve. Contact info nfo@naaacp.org Asian Asian Amerian Advisory.Board / Joshua Ho, program director. 305-375-1570 ijoshua@miamidade.gov 64 Worksheet 4: Proposed Marketing Activities — Methods of Advertising (See AFHMP, Block 4c) Complete the following table by identifying your targeted marketing population(s), as indicated in Block 3b, as well as the methods of advertising that will be used to market to that population. For each targeted population, state the means of advertising that you will use as applicable to that group and the reason for choosing this media. In each block, in addition to specifying the media that will be used (e.g., name of newspaper, television station, website, location of bulletin board, etc.) state any language(s) in which the material will be provided, identify any alternative formats) to be used (e.g. Braille, large print, etc.), and specify the logo(s) (as well as size) that will appear on the various materials. Attach additional pages, if necessary, for further explanation. Please attach a copy of the advertising or marketing material. Targeted Population(s)—+ Methods of Advertising j Targeted Population: Targeted Population: Targeted Population: Newspaper(s) Radio Station(s) TV Station(s) Electronic Media •`iative american \asian pacific islanders . Bulletin Boards native american asian pacific islanders Brochures, Notices, Flyers iative american asian pacific islanders lyers in the community Other (specify) native american asian pacific islanders social media channels 65 Font size: 86 pt EXHIBIT K Signage Requirements Building Better Neighborhoods Name of Project second line third and final Francis Suarez Mayor Alex Diaz de la Portilla Detr of 1 Ken Russell District 2 Joe Carollo Deshict 3 Manolo Reyes Christine King District 5 Arthur galena, V City Manager Project Construction Cost: $ x,x xx,xx c City Contribution $ X,XXX,XXx Font size: 230 pt Font size: 314 pt Font size: 168 pt www.miamigov.com Font size: 192 pt 305.416.2080 wc-4401 This project is located in District X represented by City of Miami Commissioner INSERT NAME HERE 4' x 8' Preaeure Sensitive 2 mil cart vinyl ovemtounted with 9 mil mylar and mounted to 1 /2 mdo with varnished or painted talc Font Alczidenz Groteek in Penton. Reflex Blue C 1 • Patton. 117 C • Penton, 871 C • Bleak Font size: 175 pt Font size: 165 pt Font size: 270 pt 66 EXHIBIT L-1 Rent Regulatory Agreement 68 EXHIBIT L-2 Rent Regulatory Agreement 69 EXHIBIT M-2 Declaration of Covenants 72 EXHIBIT N ARPA Consultant Approval AtkinsRealis Mrs. Marie "Maggie" Gouin Director Office of Management and Budget Miami Riverside Center 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Reference: Project Analysis — City of Miami — ARPA (SLFRF) Recommendation for application of ARPA (SLFRF) funds Project Name: Hibiscus -William Rehab Project District 2 Proposed ARPA Funds Amount: $2,200,000 Proposed Activity for use of Funds: Subrecipient Mrs. Gouin, 800 Waterford Woy. Suite 700 Miami. Florida 33126 September 26, 2023 We are sending the recommendation for the use of ARPA (SLFRF) funds for the referenced project. The Greater St. Paul A.M.E Church is seeking to completely renovate and rehabilitate two (2) multifamily apartment buildings, with a total of 10 housing units. The project is an affordable housing development on two parcels that will contain a total of ten (10) City - assisted residential rental units. The City -assisted rental units will have restricted rents on each of the 10 units for 30 years at an income level affordable to people eaming 50% AMI - 65% AMI (the area median income). The homes are described as shotgun/small apartment buildings and the size of units range from 476-654 sq. ft. Based on the information and documentation provided by the City's Office of Management and Budget and the City's Parks office, the Hibiscus -William Rehab Project is recommended for the use of ARPA (SLFRF) funds under the Department of Treasury Final Rule, Expenditure Category: 2.15 - Negative Economic Impacts: Long-term Housing Security: Affordable Housing, contingent upon additional considerations and requirements being met. Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the "period of performance. For considerations and requirements details go to the Project Analysis, here attached. The ARPA (SLFRF) funds, in the amount of $2,200,000, can be allocated for the aid in the development and hard construction costs of the rehabilitated 10 units. All contracting services need to comply with Federal regulations. Page 1 of 2 AtkinsRealis Please review and contact us with any questions you may have. Jamelyn Austin Trucks, CFM, PMP, CGM ARPA Consultant, Subject Matter Expert Senior Project Manager, Land Planning Lead Enclosures as noted. Page 2 of 2 74 Project Analysis — City of Miami — ARPA (SLFRF) District 2 Project Title Hibiscus -William Rehab Project Project No. (e-Builder) N/A Total Project Cost $ 2,042,206.00 Proposed ARPA Funding $2,200,000 Project Type • Capital Expenditure Project Status • Not started Project Estimated Completion No later than 36 months after effective date of contract Agreement Type Subrecipient Contracted Services with partners/providers will need to meet Federal Procurement Eligible Use Support the COVID-19 public health and economic response by addressing COVID-19 and its impact on public health as well as addressing economic harms to households, small businesses, nonprofits, impacted industries, and the public sector. Project Expenditure Category 2.15 -Negative Economic Impacts: Long-term Housing Security: Affordable Housing Project Justification (short- SOW) The Greater St. Paul A.M.E Church is seeking to completely renovate and rehabilitate two (2) multifamily apartment buildings, with a total of 10 housing units. The project is an affordable housing development on two parcels that will contain a total of ten (10) City -assisted residential rental units. The City -assisted rental units will have restricted rents on each of the 10 units for 30 years at an income level affordable to people earning 50% AMI - 65% AMI (the area median income). The homes are described as shotgun/small apartment buildings and the size of units range from 476-654 sq. ft. ARPA funds in the amount of $2,200,000 will be used for the development and hard construction costs of the rehabilitated 10 units. The properties are located at 3472 Hibiscus St, Miami, FL 33133 ("Hibiscus") and 3574 William Ave, Miami, FL 33133 ("William") Eligible (Y/N) Yes, Project is considered eligible under Department of Treasury Final Rule, contingent upon the below additional considerations and requirements being met. Additional Information needed • City to provide Atkins with project data points monthly Next Steps • Atkins to monitor costs, expenditures and gather data for quarterly and annual reporting. • Atkins to review contract agreements when available. QC Completed (Name/Date) "` Jamelyn Austin Trucks 9/25/2023 Additional Considerations/Program Requirements: • Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further, funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period, during which recipients can expend SLFRF funds, is the "period of performance." • ARPA funds can be used to provide additional funding for projects in progress prior to 3/3/2021, however only activities initiated AFTER 3/3/2021 are eligible for ARPA funds. • Ensure that the City of Miami Procurement Process meets Office of Management and Budget procurement standards set forth in 2 CFR 200.316-320. • 2.15 -Negative Economic Impacts: Long-term Housing Security: Affordable Housing - Requires the following additional reporting: o Recipients must identify the amount of total funds that area allocated to evidence - based interventions. o Recipients must report on whether projects are primarily serving disproportionately impacted communities. • Project Type/EC Use of Evidence (for all ECs indicated) - Collection to begin in April 2022 o The dollar amount of the total project spending that is allocated towards evidence - based interventions. o Indicate if a program evaluation of the project is being conducted. • Required Programmatic Data For all projects listed under the following Expenditure Categories, the information listed must be provided in each report. Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April 2022 o Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced o Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19. • Project Demographic Distribution (applicable to Public Health and Negative Economic Impact ECs: EC 1.1-2.37)—Collection began April 2022 Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following: o a. What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. o b. If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. Recipients will select from the following options: Assistance to Households Impacted • Low- or -moderate income households or populations • Households that experienced unemployment • Households that experienced increased food or housing insecurity • Households that qualify for certain federal programs • For services to address lost instructional time in K-12 schools: any students that lost access to in- person instruction for a significant period of time. • Other households or populations that experienced a negative economic impact of the pandemic other than those listed above (please specify) Disproportionality • Low-income households and populations • Households and populations residing in Qualified Census Tracts • Households that qualify for certain federal programs • Households receiving services provided by Tribal governments • Households residing in the U.S. territories or receiving services from these governments • For services to address educational disparities, Title I eligible schools • Other households or populations that experienced a disproportionate negative economic impact of the pandemic other than those listed above (please specify) • Additional Required Programmatic Data for States, U.S. territories, and metropolitan cities and counties with a population that exceeds 250,000 residents only: o Number of households receiving eviction prevention services (including legal representation) o Number of affordable housing units preserved or developed. • Capital Expenditures (EC 1.1-3.5) - Collection began in January 2022, with additional optional fields to begin in April 2022; optional fields will become required. in July 2022 • Does this project include a capital expenditure? (Collection began in January 2022) • Total expected capital expenditure, including pre -development costs, if applicable (Collection began in January 2022) • Type of capital expenditure, based on the following enumerated uses (This field is optional in April 2022; required in July 2022): o COVID-19 testing sites and laboratories, and acquisition of related equipment o COVID-19 vaccination sites o Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19 related treatment) o Temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs o Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment o Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems) o Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities o Public health data systems, including technology infrastructure o Adaptations to congregate living facilities, including skilled nursing facilities, other long- term care facilities, incarceration settings, homeless shelters, residential foster care 77 facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVID-19 in the facility) o Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces) o Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers) o Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic o Affordable housing, supportive housing, or recovery housing development o Food banks and other facilities primarily dedicated to addressing food insecurity o Transitional shelters (e.g., temporary residences for people experiencing homelessness) o Devices and equipment that assist households in accessing the Internet (e.g., tablets, computers, or routers) o Childcare, daycare, and early learning facilities o Job and workforce training centers o Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint) o Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings) o Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces o Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties o Schools and other educational facilities or equipment to address educational disparities o Technology and tools to effectively develop, execute, and evaluate government programs o Technology infrastructure to adapt government operations to the pandemic (e.g., video- conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs o Other (please specify) Capital Expenditures: Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the pandemic's public health and economic impacts; specifically, they must be related and reasonably proportional to the pandemic impact identified and reasonably designed to benefit the impacted population or class. Similar to other eligible uses in the SLFRF program, no pre -approval is required for capital expenditures. For analysis of whether a capital expenditure meets the eligibility standard, recipients must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million. As Parks are a use enumerated by Treasury as eligible, written justification is required but the City is not required to submit as part of regular reporting to the Treasury. (Records must be maintained) A Written Justification includes: • Description of the harm or need to be addressed. Recipients should provide a description of the specific harm or need to be addressed and why the harm was exacerbated or caused by the public health emergency. Recipients may provide quantitative information on the extent and the type of harm, such as the number of individuals or entities affected. • Explanation of why a_capital expenditure is appropriate. For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate. • Comparison of proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. Recipients should consider the effectiveness of the capital expenditure in addressing the harm identified and the expected total cost (including pre -development costs) against at least two alternative capital expenditures. Environmental and Other Generally Applicable Requirements Treasury cautions that, as is the case with all projects engaged in using the SLFRF funds, all projects must comply with applicable federal, state, and local law. In the case of infrastructure projects in particular, this includes environmental and permitting laws and regulations. Likewise, as with all capital expenditure projects using SLFRF funds, projects must be undertaken and completed in a manner that is technically sound, meaning that they must meet design and construction methods and use materials that are approved, codified, recognized, fall under standard or acceptable levels of practice, or otherwise are determined to be generally acceptable by the design and construction industry. Treasury encourages recipients to adhere to strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with high labor standards and to prioritize employers without recent violations of federal and state labor and employment laws. Responding to Public Health and Economic Impacts of COVID-19 To assess eligible uses of funds in this category, recipients should (1) identify a COVID-19 public health or economic impact on an individual or class (i.e., a group) and (2) design a program that responds to that impact. Responses should be related and reasonably proportional to the harm identified and reasonably designed to benefit those impacted. The final rule recognizes that the pandemic caused broad -based impacts that affected many communities, households, and small businesses across the country; for example, many workers faced unemployment and many small businesses saw declines in revenue. The final rule describes these as "impacted" households, communities, small businesses, and nonprofits. At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain communities. For example, low-income and underserved communities have faced more severe health and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre- existing disparities exacerbated the impact of the pandemic. The final rule describes these as "disproportionately impacted" households, communities, small businesses, and nonprofits Treatment of Loans and SLFRF Funding (FAO,4.9) SLFRF funds may be used to make loans, provided that the loan supports an activity that is an eligible use of funds, the SLFRF funds used to make the loan are obligated by December 31, 2024 and expended by December 31, 2026, and the cost of the loan is tracked and reported in accordance with the points below. For example, a recipient may, consistent with the requirements of the interim final rule and final rule, use funds to finance the construction of affordable housing, or to finance a necessary investment in water, sewer or broadband. Funds must be used to cover "costs incurred" by the recipient between March 3, 2021, and December 31, 2024, and funds must be expended by December 31; 2026. Accordingly, recipients must be able to determine the amount of funds used to make a loan. • For loans that mature or are forgiven on or before December 31, 2026, the recipient must account for the use of funds on a cash flow basis, consistent with the approach to loans taken in the Coronavirus Relief Fund. o, Recipients may use SLFRF funds to fund the principal of the loan and in that case must track repayment of principal and interest (i.e., "program income," as defined under 2 CFR 200). o When the loan is made, recipients must report the principal of the loan as an expense. o Repayment of principal may be re -used only for eligible uses and subject to restrictions on timing of use of funds. Interest payments received prior to the end of the period of performance will be considered an addition to the total award and may be used for any purpose that is an eligible use of funds. Recipients are not subject to restrictions under 2 CFR 200.307(e)(1) with respect to such payments. • For loans with maturities longer than December 31, 2026, the recipient may use funds for only the projected cost of the loan. o Recipients can project the cost of the loan by estimating the subsidy cost. The subsidy cost is the estimated present value of the cash flows from the recipient (excluding administrative expenses) less the estimated present value of the cash flows to the recipient resulting from a loan, discounted at the recipient's cost of funding and discounted to the time when the loan is disbursed. The cash flows are the contractual cash flows adjusted for expected deviations from the contract terms (delinquencies, defaults, prepayments, and other factors). A recipient's cost of funding can be determined based on the interest rates of securities with a similar maturity to the cash flow being discounted that were either (i) recently issued by the recipient or (ii) recently issued by a unit of state, local, or Tribal government similar to the recipient. • Alternatively, recipients may treat the cost of the loan as equal to the expected credit losses over the life of the loan based on the Current Expected Credit Loss (CECL) standard. Recipients may measure projected losses either once, at the time the loan is extended, or annually over the period of performance. • Under either approach for measuring the amount of funds used to make loans with maturities longer than December 31, 2026, recipients would not be subject to restrictions under 2 CFR 200.307(e)(1) and need not separately track repayment of principal or interest. • Additionally, recipients may use funds for eligible administrative expenses incurred in the period of performance, which include the reasonable administrative expenses associated with a loan made in whole, or in part, with funds. See section IV.E of the final rule. • Contributions to Revolving Loan Funds. A recipient may contribute funds to a revolving loan fund if the loaned SLFRF funds are restricted to financing eligible uses under the public health emergency/negative economic impacts, premium pay, and necessary water, sewer and broadband categories (or under the government services category if the contribution to the revolving fund is made using revenue loss funds). The funds contributed using SLFRF funds must be limited to the projected cost of loans made over the life of the revolving loan fund, following the approach described above for loans with maturities longer than December 31, 2026. • Loans funded with SLFRF funds under the revenue loss eligible use category. Notwithstanding the above, if a recipient uses revenue loss funds to fund a loan, whether or not the maturity of the loan is after December 31, 2026, the loaned funds may be considered to be expended at the point of disbursement to the borrower, and repayments on such loans are not subject to program income rules. Similarly, any contribution of revenue Toss funds to a revolving loan fund may also follow the approach of loans funded under the revenue loss eligible use category. • Loans to fund investments in affordable housing projects. Notwithstanding the above requirements for loans with maturities beyond December 31, 2026, Treasury has determined that SLFRF funds may be used to finance certain loans that finance affordable housing investments, as it is typical for state and local governments to finance such investments through loans and because the features of these loans significantly mitigate concerns about funds being deployed for purposes of recycling funds, potentially for ineligible uses, following the SLFRF program's expenditure deadline. Specifically, under the "public health and negative economic impacts" eligible use category, recipients may use SLFRF funds to make loans to finance affordable housing projects, funding the full principal amount of the loan, if the loan and project meet the following requirements: o The loan has a term of not less than 20 years; o The affordable housing project being financed has an affordability period of not less than 20 years after the project or assisted units are available for occupancy after having received the SLFRF investment; and o For loans to finance projects expected to be eligible for the low-income housing credit (LIHTC) under section 42 of the Internal Revenue Code of 1986 (the Code), ■ the project owner must agree, as a condition for accepting such a loan, to waive any right to request a qualified contract (as defined in section 42(h)(6)(F) of the Code); and ■ the project owner must agree to repay any loaned funds to the entity that originated the loan at the time the project becomes non -compliant, including if such project ceases to satisfy the requirements to be a qualified low-income housing project (as defined in section 42(g) of the Code) or a qualified residential rental project (as defined in section 142(d) of the Code), or if such project fails to comply with any of the requirements of the extended low-income housing commitment that are described in section 42(h)(6)(B)(i)-(iv) of the Code. Loans that fund investments in affordable housing projects under the public health and negative economic impacts eligible use category and meet the above criteria may be considered to be expended at the point of disbursement to the borrower, and repayments on such loans are not subject to program income rules. Loan modifications are permitted if the modifications do not result in repayment of all or substantially all funds to the lender prior to the end of the affordability period. To reduce administrative complexity, the start date of the 20-year affordability covenant may conform to the start date of other covenants on the same project or units that are required by another source of federal or state funding associated with the project or units. SLFRF Affordable Housing (How to Guide) Expanded Presumptive Eligibility. SLFRF permits funds to be used, among other uses, to combat the public health and negative economic impacts (PH-NEI) of the pandemic. Treasury has updated its guidance to clarify two presumptively eligible ways to use SLFRF to fund affordable housing investments under the final rule. Option 1: SLFRF funds used for affordable housing projects under the PH-NEI eligible use category are presumptively eligible if the project meets certain core requirements of the following expanded list of federal housing programs: • National Housing Trust Fund (HTF) • HOME Investment Partnerships Program (HOME) • Low -Income Housing Credit (LIHTC) • Public Housing Capital Fund • Section 202 Supportive Housing for the Elderly Program • Section 811 Supportive Housing for Persons with Disabilities Program • Project -Based Rental Assistance • Multifamily Preservation & Revitalization Program 82 • Affordable housing projects provided by a Tribal government if they would be eligible for funding under the Indian Housing Block Grant program, the Indian Community Development Block Grant program, or the Bureau of Indian Affairs Housing Improvement Program The program requirements of these federal housing programs that must be met for presumptive eligibility have been clarified to include four core requirements: • Resident income restrictions; • The affordability period and related covenant requirements for assisted units; • Tenant protections; and • Housing quality standards. Option 2: • SLFRF funds used for affordable rental housing under the PH-NEI eligible use category are presumptively eligible uses if the units funded serve households at or below 65% of AMI for a period of 20 years or greater. • A broader range of affordable housinginvestments may also be eligible uses of SLFRF funds under the final rule if they are related and are reasonably proportional to addressing the negative economic impacts of the pandemic and otherwise meet the final rule's requirements. Depending on the needs of the local rental market, it may be reasonably proportional to address the negative economic impacts of the pandemic by funding units (e.g., up to 80% AMI) that do not fall into the presumptively eligible categories listed above. Loan Flexibilities. SLFRF can now be used to fund the full principal amount of certain loans that finance long-term affordable housing investments. Among other requirements, the loans must have maturity and affordability covenants of 20 years or longer, including but not limited to loans that fund low- income housing tax credit (LIHTC) projects. Layering SLFRF with other Funding Opportunities Predevelopment Recipients may use SLFRF to help fund pre -project development activities, which could include site work and land acquisition, that precede housing development or rehabilitation of affordable housing. • Land acquisition: Recipients may use SLFRF to acquire land for future development or within existing land acquisition programs for purposes of affordable housing investments, including those funded with CDBG or Section 108 Loan Guarantee Program funds. • Predevelopment and site work: SLFRF may be used for predevelopment activity and site work to lay the ground for affordable housing development. Recipients planning to layer SLFRF with HOME for new construction should review HUD environmental review and planning requirements. EXHIBIT 0 Disbursement Agreement 84