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24784
AGREEMENT INFORMATION AGREEMENT NUMBER 24784 NAME/TYPE OF AGREEMENT SUNSHINE FOR ALL, INC. DESCRIPTION HOME INVESTMENT PARTNERSHIPS PROGRAM AGREEMENT/MIAMI HOUSING QUALITY STANDARD INSPECTION SERVICES FOR MULTI -FAMILY AFFORDABILITY, FIRST TIME HOMEBUYERS/FILE ID: 14972/R. 23-0541/MATTER ID: 24-11 /#23 EFFECTIVE DATE January 26, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 1/26/2024 DATE RECEIVED FROM ISSUING DEPT. 2/5/2024 NOTE CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) AGREEMENT HOUSING SPECIALIST AND INSPECTION SERVICES FOR THE LONG TERM TENANT BASED RENTAL ASSISTANCE PROGRAM This Agreement (hereinafter the "Agreement") is entered into this 2( day of 1, , 2024, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the CITY), & SUNSHINE FOR ALL, INC .' a Florida not for profit corporation (hereinafter referred to as the PROJECT SPONSOR). FUNDING SOURCE: HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) CFDA# (If applicable): HOME AMOUNT: $ ! 40;000.00, TERM OF AGREEMENT: Effective date of this agreement is October 1; 2023 PROJECT NUMBER: DUNS® NUMBER: AGENCY'S ADDRESS: 1407 SW22ND ST to ' September 30, 2024 ; MIAMI, FL 33145. 1 WITNESSETH WHEREAS, the HOME Investment Partnership Program ("HOME") was created by :the National Affordable Housing Act of 1990 to strengthen public/private partnerships to provide more Affordable housing to qualified persons; and WHEREAS, due tothe volume of inspections required onan annual basis, it is more cost effective for the City to engage the services of an entity that specializes in these inspection services; and WHEREAS, Sunshine for All, Inc. ("Project Sponsor") is a private. nonprofit Sub -recipient, as defined under the :provisions. of 24 CFR 570.500(c), who is currently receiving CDBG funding assistance from the City to undertake activities eligible for, such assistance under Subpart C of the regulation; and WHEREAS, Sunshine for All has been providing Housing Quality Standards inspection services to the residents of the City under the CDBG and HOPWA programs since 2007, in accordance with HUD requirements to ensure that all Properties meet HUD's standards; and WHEREAS, :Sunshine for All has extensive experience and knowledge in connection with Section 8,Multifamily Affordability Monitoring, and First Time Homebuyer Program's Housing Quality inspections services; and WHEREAS, the City has ,engaged Project Sponsor with HOME administration funds ("HOME Funds") for the _2023-2024 fiscal year. for HQS Inspection services; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set:forth, the parties understand and agree as follows: ARTICLE: I EXHIBITS: AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and: forming a part of this Agreement are the following Exhibits: Exhibit.A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification. Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements 2 1.2 DEFINED TERMS. As used herein' the following terms:shallniean: Act or 24 CFR 92: HOME -Regulations: promulgated by HUD for the. HOME Program, Final Rule,and, any changes :thereto. Agreement Records: Any and all books, records, documents, information, .data, papers,. letters, materials, and computerizedor electronicstorage data and media, whether written, printed, computerized,electronic or electrical, however collected :or preserved, which is or was produced, :developed, maintained, completed; received or compiled by or :at the .direction -:of the PROJECT :SPONSOR or any subcontractor in carrying out .the duties and obligations required by the terms of this Agreement, including, but not, limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives. and diskettes or surveys. CFR! -Code of Federal: Regulations. Department: The City of Miami Department of Housing and Community Development: Federal Award: Any federal funds received by the PROJECT SPONSOR from any source during the period of time in which the PROJECT SPONSOR is performing the obligations set forth. in this Agreement. HOME or HOME Program: HOME Investment Partnership Program Low -and -Moderate A member of aIow- or:moderate-income household whose Income Person: income is within specific income levels set forth by U.S.. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Work Programsubmittedby the PROJECT SPONSOR to the CITY which 'shall become attached hereto. as Exhibit "B" to this Agreement and shall -include the following: 2.1.1 The description section shall detail the activities to- be carried out by the PROJECT SPONSOR. It should specifically describe the.activities to: be carried out as a result of the expenditure of HOME Funds. Where appropriate it should list measurable 3 objectives, .define the who, what, whereand when of the project, and iri general detail how these activities will ensure that the:intended beneficiaries. will be served. 2.1.2 The schedule of activities and measurableobjectives pray. an essential role in the fund management system. The schedule .should. prQvide projected milestones and deadlines for the :accomplishment of tasks in carrying -out Me WorkProgram. 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 CITTY toeffectively monitor performance by the PROJECT SPONSOR under this Agreement. 2.2 The Budget -Summary attached hereto as Exhibit :"C", including the PROJECT SPONSOR's :Itemized Budget, Cost Allocation; Budget Narrative, Staff. Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROJECT SPONSOR's present officers and members of the Board (names, addresses, andtelephone numbers.) 2.4 Alist of key staffpersons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROJECT SPONSOR's corporate personnel policies andprocedures.. 2.8 Job description and resumes for. all positions funded in whole or in part under this Agreement. 2.9 Copy of the PROJECT SPONSOR's last federal income tax return. (IRS Form 990).. 2.10 The following corporate documents (i) Bylaws, resolutions, and incumbency certificates :for the PROJECT SPONSOR, certified by the PROJECT SPONSOR's Corporate Secretary;authorizingthe consummation of the transactions contemplated hereby,::aJ1: in:a form satisfactory to the CITY.: 2.11 Acceptance of federal requirements applicable to the HOME program under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of:regulations contained. under 24 CFR 92 and .the Final.rule and Lead Based -Paint regulations under 24 CPR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III: TERMS AND PROCEDURES 4 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwiseprovided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is October 1, 2023 to. September 30, 2024 3.3 OBLIGATIONS OF PROJECT SPONSOR. The PROJECT SPONSOR shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated hereinand made a part .of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, pr,ocedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4. POLICIES AND PROCEDURES MANUAL. This Agreement is subject: to the current Federal regulations as may be amended. The PROJECT SPONSOR is aware of and accepts the Policies and Procedures Manual for the HOME Funds as the official 'document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the PROJECT SPONSOR. The Policies and ;Procedures Manual for the HOME administration funds are incorporated hereinand made part ofthis.Agreement. The City of Miami reserves the right -to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made apart of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Work PrOgram be required or in the event of the occurrence .of any delays in the activities thereunder, the PROJECT SPONSOR shall immediately notify the Department in writing; giving all pertinent details and indicating when the Work Program shall begin and/or continue.. It is understood and agreed that the PROJECT SPONSOR shall maintain the level of activities and expenditures in existence prior :to the execution of this Agreement Any activities funded through or as a result of this Agreement shall not result in the displacement of employed: workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed inthe absence of this Agreement. 3.6 PRIOR APPROVAL. ThePROJECT SPONSOR shall obtain the prior approval of the CITY prior to undertaking' any of the following with respect to the project and/or the Work Program: • The addition of any positions not specifically listed in the approved Itemized Budget. • The modification or addition of any job -descriptions. • The purchase of any non -expendable personal property. 5 ■ The disposition of any teal property, expendable personal property or any non - expendable personal property.. • Any out-of-towntravel not specifically Iisted in the Itemized Budget. • The.use .of program income in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation.Notice, Invitation for Bids, and Request for Proposals. ■ The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROJECT SPONSOR shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the PROJECT SPONSOR shall maintain .insurance acceptable to the CITY. Prior to commencing any activity under this Agreement,. the PROJECT SPONSOR shall furnish to the CITY original certificates of insurance indicating that the PROJECT SPONSOR is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to tidit the records of the PROJECT SPONSOR at any time during the performance of this Agreement and fora period of five (5): years after its expiration/termination. The PROJECT SPONSOR agrees to provide all financial and other applicable records and documentationof: services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which: are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the PROJECT SPONSOR are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture; funds in the event that the. PROJECT SPONSOR shall fail: (i) to comply with theterms. of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 C.ONTINGENCY CLAUSE. Funding pursuant to this Agreement is: contingent on the availability of funds and continued authorization for.HOME Program activities, and is also subject to amendment or termination due to lack. of funds or authorization, reduction of funds, and%or changes in regulations. 6 ARTICLE V AUDIT REOUIREMENTS 5.1 As a necessary part of this. Agreement, the PROJECT SPONSOR shall adhere to. the following audit. requirements: 5.1.1 If the. PROJECT SPONSOR expends $750,000 ,or more in federal funds during its fiscal year., it .shall have. a Single .or a Program=Specific Audit conducted :for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GALAS.) a) Single Audit. A single audit must be conducted in. accordance with 2 CFR 200.514 "Scope of Audit",, except when the- PROJECT -;SPONSOR elects to have;a Program -Specific Audit conducted in. accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROJECT -SPONSOR expends federal awards, under only one. federal program and the federal :program's statutes, regulations, or the terms and conditions of the federal award. do not require a financial statement audit of the PROJECT SPONSOR, the PROJECT SPONSOR may elect to have a .Prograrn-Specif c Audit conducted in accordance with 2 CFR 200.507 `.`Program -Specific Audits". The auditor must: (i) Perform an audit of the financial sta.tement(s) for `the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal :controls- over the. Federal program consistent with the requirements -of 2 CFR 200:514(c) to ensure compliance with procedures; (iii) Perform.procedures.to determine whether the PROJECT SPONSOR has complied with. Federal statutes,: regulations, and the terms and. conditions of Federal awards that'c.ould have a. diirectand-material _effect. on the Federal. program. consistent with the :requirements :of 2 :CFR .200.5::14(d)._ (iv) Follow up on prior audit findings, perform. procedures to assess. the reasonableness of the summaryschedule .of prior audit findings prepared by the .PROJECT SPONSOR in. accordance with the requirements of 2 CFR.200.51.1 "Audit findings follow-up", and:report, as a current. year audit .finding, when "the auditor concludes that the. summary schedule of prior -audit -findings materially misrepresents the status of any prior audit -finding;. and 7 (v) Report any audit findings consistent With the requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with this 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or 'disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presetitediairly 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 scopeof testing ofinternal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the :PROJECT SPONSOR complied with laws, regulations, and the terms and conditions of Federal awards Which -could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includesa summary of the auditor's results, relative to the Federal program in a format consistent with 2 CFR:200.51.5 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the: requirements of 2,CFR 200:515 "Auditreporting", paragraph (cl)(3). 5.1.2 If the PROjECT SPONSOR expends less than $750,000 in federal Rinds :during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The: :CITY, however, may request the PROJECT SPONSORto have a limited scope_ audit formonitoring 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 compliande requirements: activities allowed or miaowed; 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 apprepriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The PROJECT SPONSOR shall establish and maintain sufficient records to enable the CITY to determine whether the PROJECT SPONSOR has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the. PROJECT SPONSOR: 6.1.1 Records providing a full description of each -activity assisted (or being..assisted) With HOME funds, including its location (if the activity has a geographical locus), the amount of HOME funds 'budgeted,. obligated and. expended for activity, .and the_ specific provision in the HOME Program regulations underwhich the activity is -eligible. 6.1.2 Records demonstrating that cliont meet eligibility criteria set forth :in. the. -HOME Manual. arid that such information is provided in the form required in same. 6.1.3. Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic- grail) .and. single -headed households (by gender of household head) have applied for, participated in, or benefited fron „. any program or activity funded in whole or; in part with HOME funds. Such information shall be used only as a basis for further investigation relating to compliance with any requiteinent to attain or maintain any particular statisticalmeasure by race, ethnicity, or gender. in covered programs. (ii) Documentation of actions undertaken to meet the requirements of Section 3 of the. Housing and Urban.Pevelopment Act of 1968, as amended (12 U.S.C. 1701U), and 24 CPR part 75, relative to the hiring and training of low and moderate income persons and -the use of local buSiness.es. 6.1.4 Financial records, in accordance With the applicable requirements of Z4 .CFR 92. 6.1.5 Records required tobe maintained in accordancewith other applicable laws and regulations set forth in 24 CFR 92. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROJECT SPONSOR's records, including project andprogrammatic records and books of account, for a period of five (5) years from the expiration/termination. .of this Agreement (the "Retention Period"). All books of account and supporting dOcuMentation shall be kept by the PROJECT SPONSOR at least until the expiration of the Retention Period. The PROJECT :SPONSOR shall. maintain records sufficient to meet the requirements of 24 CFR 92. All records and reports required herein shall be retained and made accessible as. provided thereunder. The PROJECT :SPONSOR further agrees to abide by Chapter 119; Florida Statutes, as the same may be amended from time to time, pertaining to public records, as may be limited by 24 CFR 92 pertaining to the confidentiality of program participants: The PROJECT SPONSOR shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 9 6.2.2 The PROJECT SPONSOR shall include :in all the Department :approved subcontracts used to engage subcontractors to carry :out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in.this Agreement. The Department shall in its sole discretion determine when services_ are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement 6.2,3 If the CITY or the PROJECT SPONSOR has received or given notice of any kind indicating any threatened or -pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work:Program or under the terms of this Agreement, the Retention Period shall be extended until:such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion: of the Department fully, completely and finally.resolved. 6.2.4 The PROJECT SPONSOR shall :notify. the. Department in writing both during:the term of this Agreement and .after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will. be retained. 6.2.5 The PROJECT.SPONSOR shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At .any time uponrequest by the Department; the PROJECT SPONSOR shall provide all Agreement Records to the Department. The. requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use: The Department shall have :unlimited rights to all books, articles, or Other copyrightable materials developed in the performance of this Agreement. These rights include the. right of royalty -free, nonexclusive,, and irrevocable license to reproduce, publish, or otherwise use, and toauthorize others to use, the Work Program for public purposes. 6.3.2 Tithe PROJECT SPONSOR receives funds from, or is under -regulatory control of, other governmental agencies,and those agencies issue monitoring 'reports, regulatory.examinations, or other similar reports; the PROJECT SPONSOR. shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROJECT SPONSOR shall permitthe Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and 10 activities of the PROJECT SPONSOR which are in any way connected to the activities undertaken pursuant to the terms of this. Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROJECT SPONSOR. Following such inspectionor interviews, the Department will deliver to the PROJECT SPONSOR a report of its findings, The PROJECT SPONSOR will rectify all deficiencies cited by the Department within the specified period of time set forth in thereport or provide the Department with a reasonable justification for not correcting the same. The Department will determinein its.. sole and absolute discretion whether or not the PROJECT SPONSOR.'s justification is acceptable. At the request of the CITY, the PROJECT SPONSOR shall: transmit to the CITY written statements of the PROJECT SPONSOR's official policies on specified issues relating to the PROJECT SPONSOR's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROJECT SPONSOR shall ensure the cooperation of its employees, and its Board Members in such. efforts. Any inconsistent, incomplete, or inadequate information either received. by ,the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the PROJECT SPONSOR is responsible for appointing memberships. Upon forming the relationship or if already formed,before of at the.time of execution of this Agreement, the PROJECT SPONSOR shall report such relationship to the Department. Any supplemental informationshall be promptly reported to the Department. The SUBRECIPIENT shall report to the Departmentthe name, purpose for and any .and all other relevant information in connection With any related -party transaction. 6.6 PROGRESS REPORTS. The PROJECT SPONSOR shall submit to the CITY, on a quarterly basis, a Work Program Status Report. ARTICLE VII OTHER HOME PROGRAM REQUIREMENTS 7.1 The PROJECT SPONSOR shall maintain current documentation that its activities are HOME eligible in accordance with 24 CFR Part. 92. 7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with HOME Funds isan activity which provides benefit to low income households. 11 7.3 The. PROJECT SPONSOR shall comply -with all applicable provisions of 24 CFR Part 92 and shallcarry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The PROJECT SPONSOR shall cooperate with .the Department in. attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 The PROJECT SPONSOR shall, to the greatest possible, .give .low -and -moderate -income residents of the service areas opportunitiesfor training and.employinent. 7.6 NON-DISCRIMINATION. The PROJECT SPONSOR shall not discriminate- on the basis of race, color, national origin, sex, religion; age; marital or family status or handicap in connection with the activities .and/or the Work Program or its performance underthis Agreement. Furthermore, the PROJECT :SPONSOR agrees that nootherwisequalified individual shall, solely by reason of his/her race, sex, color, creed, national :origin, age, maritalstatus, sexual orientation or handicap, be excluded :from the participation in, be denied benefits of, or be subjectedto discrimination under any program or:activity receiving federal .financial assistance. 7.7 The PROJECT SPONSOR shall carry out its Work Program: in compliance with all federal laws and. regulations. 7.8 The PROJECT SPONSOR shall abide bythe Labor Standards provisions of HUD Form 4010 incorporated herein as part of this Agreement. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROJECT SPONSOR shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards"; AS set forth under Subpart D—"Post.Federal. Award Requirements" and Subpart E—"Cost Principles:" 7.10 RELIGIOUS ORGANIZATIONS/CONS:TITUTIONAL PROHIBITION. If the PROJECT SPONSOR is or was created by a religious organization, the. PROJECT SPONSOR agrees that all HOME Funds disbursed under. this Agreement shall be subject to the conditions, restrictions, and limitations of 24.CFR Part 92. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and :State, as a general rule;. HOME: assistance may not be .used, for religious activities. The PROJECT SPONSOR shall complywith those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the PROJECT SPONSOR must transfer to: the CITY any unused HOME Funds :at the time of expiration/termination and any accounts receivable attributable to :the use of HOME.'Funds. Notwithstanding any .other provision of this Agreement, if the PROJECT SPONSOR materially fails to comply with any term of this Agreement,: the PROJECT SPONSOR, at the sole discretion of the CITY, :shall pay to the CITY an amount equal to the current market value .of any real property,- under the PROJECT:SPONSOR's control, acquired or ° improved in whole or in part with 12 HOME Funds (including HOME funds provided to the PROJECT SPONSOR), less any portion of the value attributable to expenditures of non -HOME funds for the acquisition of, or improvement to, the property. The payment is program income to the CITY. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that: remains uncured thirty (30) days after the PROJECT SPONSOR's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY; be addressed by an action for damagesor equitable relief, or any other remedy provided at.law .or in equity. in addition to theremedies, of the CITY set forth herein,. if the PROTECT SPONSOR fails to comply with the terms of this .Agreement; the CITY may suspend or terminate this Agreement in. accordance:with 24 CFR Part 85.43,as setforth more fully below in Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS: 7.13.1 The PROJECT_SPONSOR shall ensure. that:all subcontracts and assignments: (a) Identify the -full, correct, and legal name .of all parties; (b) Describe the. activities to be performed; (c) Present a complete. and accurate breakdown of its price 'components; (d) Incorporate a provision requiring compliance with al] applicable. regulatory and otherrequirements of this.Agreement..Therequirements of this paragraph apply only. to subcontracts and assignrnentsf in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, setforth in this Agreement: The CITYsha11 in its sole discretion determine when services are:eligible substantive, programmatic services and subject to the .audit and record -keeping requirements described in this Agreement. 7.13.2. The PROJECT SPONSOR shall incorporate in all consultant subcontracts the follovring provision: "The PROJECT SPONSOR is not responsible for any insurance or other fringe benefits for the Consultant or. employees of the: Consultant, e.g., social security, income tax withholding, retirement or Ieave benefits .normally available to direct employees. of the PROJECT SPONSOR. The Consultant. assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in .carrying out the scope of services provided in this subcontract." 7.13.3 The _PROJECT SPONSOR. shall be responsible for monitoring the coritractual performance of all subcontracts. 13 7.13.4 The PROJECT SPONSOR shall submit to the CITY:for its review and confirmation any subcontract engaging any party to cant' out any substantive programmatic activities, to ensureits compliance with the requirements 'of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROJECT SPONSOR's Subcontractor(s). 7.13.5 The PROJECT SPONSOR. shallreceive written approval from the CITY prior to either assigning or transferring any•obligations or responsibility set forth in this Agreement or the rightto receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontractor assignment:shall not under any circumstances be deemed to. require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this. Agreement. 7.13.6 The PROJECT SPONSOR,and its Subcontractorsshall comply (when applicable) with the Copeland Kick Back Act; Contract: WorkHours :and.Safety-Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED.The expenditure of HOME funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROJECT SPONSOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS: The PROJECT SPONSOR certifies that: (a) The PROJECT SPONSOR .possesses thelegal authority to enter into this Agreement pursuant to authority that has beenduly adopted .or passed as an official act of the PROJECT SPONSOR'.s governing body, authorizing the execution of the, Agreement, including all understandings and assurances contained herein, and -directing- and authorizing the person identified as the official representative of the PROJECT SPONSOR to act in connection with this Agreement and to provide such information as may be required. (b) The PROJECT SPONSOR shall comply with the Batch Act, 'which limits the political activity of employees. (c) The PROJECT SPONSOR shall establish safeguards to prohibitits employees from using their positions for a purpose that is or gives the appearance of beingmotivated by desire. for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROJECT SPONSOR and its principals: 14 (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered .transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of .them for the. commission of fraud or a; criminal offense in connection with obtaining, attempting to obtain, or performing: a public (Federal, State, or local).: transaction or a contract under a public transaction;; violation of Federal or State antitrust .statutes or falsification or destruction or records, making: false statements,.: or receiving stolen property; (iii) arenot 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 thedate if this Agreement; had one or more public. transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX PROGRAM INCOME 2 CFR 200.307 9.1 Program income means gross .income received by the PROJECT SPONSOR which 'has- been directly generated from the -use of the HOME funds. When. such income .is: generated by an activity that is only partially assisted. with the HOME funds, the income shall be - prorated to reflect the :percentage of HOME funds used. Program income generated by HOME funded activities shall be used only 'to undertake those activities specifically approved by the CITY on and. for .the Work Program:. All provisions of this Agreement shall apply to such activities: Any. program :income. on hand when this Agreement expires/terminates or received after such expiration/termination. shall be.paid to the CITY. The PROJECT SPONSOR shall submit to the CITY, if .applicable, a Program Income Reporton a quarterly basis. The Program Income Report shall identify HOME activities in which income was. derived and how income has been utilized. 9.2 REPAYMENTS. Any 'interest or other return on the investment of the HOME funds shall be remitted to the CITY on a monthly .basis. Any HOME funds funded to the. PROJECT SPONSOR that do notmeet theeligibility requirements,. as applicable, must be repaid. to the CITY. 15 ARTICLE X REMEDIES, SUSPENSION, TERMINATION. 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the. right to terminate. this Agreement at any time prior to the completion of the services required pursuant to this Agreement without.- penalty to the CITY. In that eyent, notice of termination .of this Agreement shall be in writing to the PROJECT SPONSOR, who 'shall be -paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROJECT SPONSON:an arnount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROJECT SPONSOR that any payment made in accordance with this Agreementto the PROJECT SPONSOR shall be made only if the PROJECT SPONSOR is not in default under the terms of this Agreement. If the PROJECT SPONSOR is in default, the CITY shall not be obligated and shall not pay to :the PROJECT SPONSOR any sum whatsoever. If the PROJECT SPONSOR materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROJECT SPONSOR, or :such. more severe enforcement action as the CITY determines_ is necessary or appropriate;. 10.1.2 Disallow (that is, deny both the use. of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current. HOME funds awarded to. the PROJECT SPONSOR. 10.1.4 Withhold further funds from the PROJECT SPONSOR. 10.1.5 Take all such other remediesthat may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable: cause temporarily suspend the PROJECT SPONSOR's operations and authority to obligate fundsunder this Agreement or withhold payments to. the PROJECT SPONSOR pending necessary corrective action by the PROJECT SPONSOR. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the• HOME funds by the PROJECT SPONSOR; (ii) Failure by the PROJECT SPONSOR to comply with any term or provision of this Agreement; 16 (iii) Failure by the PROJECT SPONSOR to submit any documents required by this Agreement; or (iv) The PROJECT SPONSOR's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROJECT SPONSOR's authority to obligate funds, withhold payrnents, or both. 10.2.3 The actions described in.paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROJECT SPONSOR in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds: In the event the -CITY does not receive funds: to -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-ifonr (24) hours prior notice in writing to the PROJECT -SPONSOR. Said notice shall be delivered by Certified_ mail, return receipt requested„ or by in person delivery with proof of delivery. In the event that the- CITY's funding. source reduces the CITY's entitlement under the. HOME Program, the CITY -shall determine, -in its sole and absolute discretion, the availability of:funds. for the PROJECT SPONSOR pursuant to this Agreement. 10.3.2 Termination for Breach. The .Department may terminatethis. Agreement, in whole or in part, in the event the Department determines, in: its :sole and :absolute discretion, that the PROJECT SPONSOR is materially. non -compliant with any term or -provision of thiS Agreement. The Department inay terminate this Agreement, in whole or. in part, in the event that the D.epartmentcletermines, in it sole and absolute discretion, that there exists: an event of default- under and .puratiatit to the terms of any other agreement or obligation of any kind or nature Whatsoever of -the -PROJECT SPONSOR to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising, 10.3-.3 UnleSs; the PROJECTSPONSOR's breach is waived by theDepartment in writing; the Departmentniay, by written notice to the PROJECT SPONSOR„tertninate this Agreement upon not less than twenty-four (24) hours_ prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person 17 delivery with proof of delivery:. Waiver of breach of any provision of this Agreement -shall not be. deemed to be a waiver of any other breach •and.shall not be construed to be a.inodification of the terms of this Agreement. The provisions hereof arenot intended to be; and shall not be, construed to limitthe Department's. right to legal or equitableremedies. ARTICLE XI MISCELLANEOUS: PROVISIONS 11.1 INDEMNIFICATION. The RECIPIENT shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, :damages, losses, judgments, and costs,including, but not limited to reasonable attorney's fees, to theextent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of RECIPIENT and persons employed or utilized by RECIPIENT intheperforrnance of this Contract. RECIPIENT shall, further, hold the City, its officials and/or employees; harmless for, and defend the City, its officials and/or employees. against, any civil actions; statutory or similar claims, injuries or damages arising or resultingfrom the permitted work, even if it is 'alleged that -the City, its officials and/or employees were negligent. These indemnifications shallsurvive theterm of this Contract: In the event thatany action or proceedingis brought against the. City by reason of any such claim or demand, the. RECIPIENT shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the .City. The RECIPIENT:expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided, by the RECIPIENT shall in no way Iimit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the RECIPIENT to defend, at its own expense, to and through appellate,- supplemental or bankruptcy proceeding, or to provide for suchdefense, at the City's option, any and all claims of liability and: all suits and actions of every name and description which may be brought against the City whether performed by the RECIPIENT, or persons employed or utilized by RECIPIENT. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the. State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06.and/or §725.08, Florida Statutes, as applicable. The RECIPIENT shall requite all Sub -contractor agreements, if applicable,. to include.a provision that they will indemnify the City. The RECIPIENT agrees and recognizes that the City shall: not beheld liable or responsible for any claims which may result from any actions or omissions of the RECIPIENT in which the City participated either through review or concurrence of the RECIPIENT'S actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the RECIPIENT, the City in no way assumesor shares any responsibility or liability of the RECIPIEN or Sub - RECIPIENT under this Agreements. 18 . 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF .DOCUMENTS. All documents developed by the PROJECT SPONSOR under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the CITY. The PROJECT SPONSOR agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all. provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROJECT SPONSOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROJECT SPONSOR for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROJECT SPONSOR warrants: -that it has not employed or retained any person employed by the. CITY to..solicit: or.secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, cornmission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROJECT SPONSOR pursuant to this Agreementshall not be delegated or assigned toany 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 grantedor withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the lawsof the State of Florida.. 11.7 CONFLICT OF INTEREST.. 11.7.1 The PROJECT SPONSOR. covenants that no person under its employ Who presently exercises any functions or responsibilities in connection with. HOME Program funded activities has any personal financialinterest, direct or indirect, in this. Agreement. The PROJECT SPONSOR further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the PROJECT SPONSOR or its employees must be disclosed in writing to the CITY. 19 11.7.2 The PROJECT SPONSOR is aware of the conflictof 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 1.12, Florida. Statutes), as amended, and agrees that it shall comply inall. respects with the terms of the same. 1 1.7.3 In all other cases, the PROJECT SPONSOR shall comply with. the standards contained within 24 CFR 92.356. 11.8 PROCUREMENT. The PROJECT SPONSOR shall comply with the standards contained within 2 CFR 200Subpart D, "Post Federal Award Requirements." 11.9 NO .OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROJECT SPONSOR agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the: only agreement of the parties hereto relating to the HOME funds and sets_ forth the rights, duties, .and obligations of each .of the parties hereto to the other as of its date. Any prior agreements,promises; negotiations, or representations not expressly setforth in this .Agreement are of no force or effect. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed .to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail,on the fifth day after being posted or the date of actual receipt, whichever is earlier. • CITY OF MIAMI George Mensah, Director Department of Housing and Community Development One Flagler Building 14 NE 1st Avenue Second FIoor Miami, FL 33132 20 PROJECT SPONSOR. SUNSHINE FOR ALL, INC. 1467- S W.22ND:SST. MIAMI, FL 33:145 1.1.11.2 -Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 In the event of conflict between the- terms ofthis 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 ofthis Agreement shall, constitute a waiver daily subsequent breach of the same or any other provision hereof,, and- no waiver shall be effective unless made in. writing. 1:1.11.5 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 deeined: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 ofthis Agreement shall remain unmodified and in full force and effect. 11.12 INDEPENDENT CONTRACTOR. The. PROJECT SPONSOR and. its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the .Civil Service or- Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not: be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legalrepresentatives,successors, and assigns. 11.14 SUBRECIPIENT CERTIFICATION. The PROJECT SPONSOR. certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official. act of the PROJECT SPONSOR's governing body, authorizing the execution of this Agreement, including all understandings and assurances containedherein, and directing and authorizing the person identified as: the official representative of the PROJECT SPONSOR. to act in connection with this Agreement and to provide suchinformation as may be required. 21 11.15 WAIVER OF JURY TRIAL. Neither the PROJECT SPONSOR, nor any assignee, successor,. heir or personal representative of the PROJECT SPONSOR, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such: persons or entities, or any of them. Neither the PROJECT SPONSOR, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. 'The provisions of this paragraph have beenfully discussed by the parties hereto, and the provisions hereof shall besubject to no. exceptions. No party to this Agreement has in any manner agreed with or represented toany other party that the provisions of this paragraph will not be fully enforced :in all instances. 11.16 CLOSE OUT: When the City determines that all .required work under the Agreement has been completed .or upon the expiration or termination ,of .the PROJECT SPONSOR Agreement,. the CITY shall require the PROJECT SPONSOR to provide final versions of all financial, performance, and other reports. These reports may include, but.are not limited to: ■ A final.performance or: progress report. ■ A financial status report (including.all. pr..ograni. income). • A final request. for. payment. • A 'final inventory of property in'the PROJECT'SPONSOR's-possessionthat was acquired or irnproved with.HOME funds: 11.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be. executed in any number of counterparts, each of which so executed shalt 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'(whetherby facsimile; PDF Or -Other erriail transmission); which. signature shall .be binding. on the party whose name is contained .herein..Ariy party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement.upon request. 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials theteunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: ame• City Manager APPROVED AS TO INSURANCE REQUIREMENTS Ann -Marie Sharpe Risk Management Date: Ua an Date: Title: egative' Dir o-or CITY OF MIAMI, a municipal Corporation of the State of Florida PROJECT SPONSOR SUNSHINE FOR ALL, INC 1407 SW 22ND ST MIAMI, FL 33145 a Florida not -for -profit corporation ATTEST: ioz4 Corporate Seal: ATTEST: (/°1—C/94— Arthur Nrieg• Date. odd Hannon Date: ja,(Diabaq City Clerk APPROVED AS TO FORM AND CORRECTNESS: 1-1 ictoria Mendez City Attorney Date: 1/15/24 RP #24-11 23 EXHIBIT A Not for Profit Corporate Resolution We, the undersigned, being the Director(s) of this Corporation, consent and agree that the following corporate resolution was passed at a duly convened meeting of the Board of Directors on 28th of December at the office of Sunshine for All. Inc -1407 SW 22nd Street, Miami, FL 33145. We do hereby consent and agree to the adoption of the following decision: Acceptance of the contract with the City of Miami for the Home investment Partnerships from HOME inspections Program for the period October V , 2023 through September 30th, 2024 in the amount of $4000000 Now, therefore, it is resolved, that the Corporation shall: Agree to the contract without any changes. Moreover, it is also ordered that Ruben A. Santana, Executive Director of Sunshine for All, Inc. is authorized to execute the contract on behalf of Sunshine for Alt, Inc. We, the undersigned Directors of this Corporation, constituting a quorum of the Board, hereby certify that this resolution (a) has been duly recorded in the minute book and signed by the Director(s) of the Corporation; (b) is in force, and (c) does not in any way exceed the objects or powers of the Company or the powers of the Director(s): Ruben Santana Vice Chairman of the Board Printed Name reasurer of the Board O,J1 Linda AlbeJ,S 4gfary of the Board Antonio Leon I Board Member 9-ArA73 Date Aeok /Z 41.lzi,_ %24219/ o e 3 Printed Name Date %ru der 4 he , i, 10.40c - Printed Name Date 4 u iav/ 0 Ge,.c,) /z-0oz3 Printed Name Date EXHIBIT C COMPENSATION AND BUDGET_ SUMMARY A. The CITY shall pay the Sub-Recipientas maximum compensation for the services required pursuant. to this Agreernent the sum of S40,000:00 B. Sub -Recipient's Itemized Budget,. Cost Allocation and Budget Narrative. are attached hereto and made part of this agreement, C. Activities are subject to the provisions of 24.CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. D. During the term hereof and for a period of five (5) years.foltowing the date of the last payment made hereunder, Community and Economic Development (CED) shall have the righttoreview and audit the: time records .and related records of the Sub -Recipient pertaining to any payments by the Community and Economic Development. E. Requests for:payment should be made at. least on_a monthly basis in a form provided by CED. Reimbursement requests should be submitted to CED within thirty (30). calen.dar days afterthe indebtedness has been incurred. F. The Sub -Recipient must submitthe final request for payment to CED within 30 calendar days following the expi.rati.on date or termination date of this agreement in a form provided by the Department.. If the Sub -Recipient fails to comply with this requirement, the Sub -Recipient shall forfeit all rights to payment and Community and. Economic Development shall not honor any request submitted thereafter. G. Any payment due under this Agreement may be withheld pending the receipt and approval by Community and Economic _Develoent of all reports due from the Sub -Recipient as a part of this R ben Santana; Executive Director Date EXHIBIT B. WORK PLAN PROGRAM. Program Year: October 1, 2023 - September 30, 2024 Organization Name: Sunshine For Alt, Inc Program Name: Home Investment Partnerships Program (HOME) Detailed Scope of Work: 1) SUBRECIPIENT will provide: • Affordability Inspection Services for the City of Miami Home Investment Partnerships Program (HOME) 9 The SUBRECIPIENT wilt complete up to two hundred (200) Affordability Inspections during the contract year FISCAL YEAR 2023-2024. • Sunshine For All, Inc. will perform the inspections for the City of Miami Clients. O The contract will commence on October 1st, 2023, and ends on September 30th, 2024. 2) SUBRECIPIENT shallesta.blish and maintain sufficient records to enable the City to determine the PROJECT SPONSOR has met the requirements of the HOME program andto me.et the requirements of 24 CFR 92. Executed By: t612-02.LI Rub n. A. Santana; Executive PIrector Date State .of .Florida County of Miami -Dade Sword and subscribed before me this ith day ofl r .201q by Ruben A. Santana who is personalty known to me X or who produced identification or online notarization_. NOTARY PUBLIC My Commission Expires: ture Fmrvarci I. opmcz Igle,si ad - Print Name L..Ndlatyfjytigg tativiaf lioartitsbelOonviOli.slis 1111 My eorhetsion: 1.5.97.50 1 • - 4 - gxpires 9/6/2.025 BG1 BUDGET FORM I Department of Community DeVelopment (Non -Housing Development Only). Budget Narrative by Line item E IBIT C AGENCY: Sunshine for All, Inc. FISCAL YEAR: 2023-2024 FUNDING SOURCE: Horne Investment Partnerships Program (HOME) LINE ITEM : _ ' : s.:•(:)EKRiP_TIQN.,i.::.-.:: :.: : . .;1::: :::::::_: AMOUNT . l- .: . _ 101 STAFF SALARIES (Per salary budget form) $ 27,125.00 .200 STAFF MICA - Gross Salary x 1.45%. $ 893.30 201 STAFF:FICA - Gross Salary x 62%. $ 1,681.75 202 STAFF WORKER COMPENSANTION- Gross Salary x $ 1008600 203 STAFF UNEMPLOYMENT $ 272.00 300 GENERAL LIABILITY INSURANCE $ 239.00 301 -INTERNET :I OFFICE TELEPHONE $ 196.18 302 TELEPHONE I EXECUTIVE $ 122.90 303 ELECTRICAL .SERVICE/WATER $ 263.00 400 EQUIPMENT RENTAL $ 211.32 401 SPACE RENTAL $ 4,080.00 5001 PRINTING I POSTAGE. $ -560.0Q 502 LOCAL TRAVEL EXPENSES $ 1,237.55 503 OFFICE SUPPLIES $ 10320.00 506 COMPUTER SUPPORT SERVICES $. 600.00 511 OFFICE CLEANINGIMAINTENANCEIREPAIRS $. 612.00 TOTAL: $1:::.:.::-40,00000 BG2 BUDGET FORM II City of Miami Department of Community Development (Non -Housing Development Only) STAFF SALARY FORECAST AGENCY: Sunshine for All, Inc. PERIOD COVERING: 10/01/2023 - 09/30/2024 Employee Name HOPWA 93% Last 4 of SS Ethnicity Employment (FT/PT) Period Budgeted Pay Period Annual Gross Salary Total Salary Per Period % of Salary Billed to City Total Amount Billed to City Ruben Santana Executive Director ** H FT 52 52 $ 55,000.00 $ 2,115.38 15.00% $ 8,250.00 TOTAL: $27,125.00 Date/Time Generated: 1/8/202416:25 CERTiFI;CATiON :REGARDING LOBBYING EXHIBIT D 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, byor on behatf of theundersigned,to any person. for influencing or attempting to influencean officer or employee of an agency a. Member of Congress,, an officer or employee of Congress, or an employee of a :Member of Congress inconnection 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. Lbb:bying," in accordance with its instructions:. (3) The undersigned shallrequire 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 a_greements). and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this: transaction imposed by Section 1352, Title 31, U. S. Code: Any person who fails to file the required certification shall be subject to a civilpenalty of not less than $10,000 and not more than $100,000 for each such failure. Sunshine for All, Inc. Name of Applicant Sign- re of Certi yang 0- iciat Date City of Miami STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of X physical presence or online notarization, this 0-day oa nu Ruben A. Santana who is personally known to me or who produced (name of person whose signature is being ncitarized) as identification, and Who did/did not take an oath.• (Type of Identification) by NOTARY PUBLIC: fiarVaro 1.6ionerz 191ef1oli (Print Name) My commission expires 9 l 2025 SEAL. Netary.Publip Sfate-ef Florida ear4aN !KW: GoteiMPIlas My tOrrimisslegHH 159756 Expires 9.,/q/.2025 CERTIFICATION REGARDING DEBARMENT, SUSPENSION &.OTHER RESPONSIBILITY MATTERS EXHIBIT E PRIMARY COVERED TRANSACTIONS 1.. The applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not: within a three-year period preceding this proposat been convicted of or had a civit judgment rendered against :them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal; State, or local) transaction or contract under a public transaction; .violation of Federal or State; antitrust statutes or falsification or destruction of records,, making false statements,or receiving: stolen pr-ope.rty;. 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 hadoneor more public transactions (Federal, State, or local) terminated for cause or default.. 2. Where the prospective primary participant isunable to certify to any of the statements in this certification, such prospective participant shall submit. an explanationto the City of Miami. Sunshine for All, Inc. Name of Applicant rlc5Izozy Signa ure of Certif, ng. Official Date City of Miami STATE OF FLORIDA The foregoing instrument was acknowledged before• me by means of X physicaL presence or online notarization, this — day of • eh by Ruben A. Santana who is personally known to me or who produced (name of person whose signature is being notarized) as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: DartAr611.Siomal1/4q1esiaS (Print Name) My commission expires Q Z02-9 6:#11111 Notary Public State of Florida Barbara isi4e1.Gomez My cenireteeion HH, 159758 Explres 9/6/2025 SEAL SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME EXHIBIT F 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: City of Miami By KtAbon Sani-OnCi -txowitiv-e)Dir6M-oY (Print this individual's name and title) for •anshino PorAlli In c/, (Print narneof entity-submittin9 'statements) whose business address is:1407 SW 22 Street, Miami , Fl 33145 and whose Federal. Employer Identification Number (FEIN) is 37-1502184 If the entity has. no FEIN, include the Social- Security NU.mbef ofthe; individual signing.this sworn Statement: 2. I understand that a "public entity crime" as .defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal. law- by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity .or any agency or political subdivision of any other state or of the United States and :involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 2.87,133(1)(b), 'Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indiCtMent or information after July 1, 1989, as a result of a Jury verdict, .nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in .paragraph 287.133(1)(a), Florida Statutes, means: a. A. predecessor or successor of a person convicted of public entity crime; or b. An entity under the, control of any natural person who is active in the - management of the entity and who has been convicted of a public: entity crime. The term. "affiliate" includes those officers, directors,. executives, partners, 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 STATUIES FO TEGQRY TWO OF ANY CHANGE IN THE .INFORMATION CO City of Miami STATE OF FLORIDA The foregoing: instrument was acknoWledged before me by means of X physical presence or online notarization, this Otb day ofionuar3 204 by Ruben A. Santana who is personally known to me or who produced (name of person whose signature is being notarizecl) as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC:. Damara I. 61Drntaz IgleSIOS (Print Name) My commission expires SEAL Notary PuVic:Stple of Fl9rIda 14thara Isabel &au -Iglesias My Commission HH 45974: Expires 9/6i205 ACO��0 CO CERTIFICATE OF LIABILITY INSURANCE a�7gy i+ 0J27t72023 THIS CERTIFICATE ISTSSUED AS A MATTER OF INFORMATION ONLY AND CERTIFICATE DOES Mar AFFIRMAT1VELYOR NEGAT1VELYAMEND,:EXTEND-OR BELOW THIS. CERTIFICATE OF INSURANCE DOES NOT, CONSTITUTEACONTRACT;BEIWEEN REPRESENTATIVE OR PRODUCER; AND THE- CERTIFICATE HOLDER. CONFERS:NO RIGHTS UPON' THE CERTIFICATEHOLDER. ALTER THE COVERAGE_ AFFORDED= BY THE POIJCIES" THIS_ THE►SSUING°INSURER(Sj;AUTHORIZED' IMPORTANT: If the certificate hotderis an ADDITIONAL INSURED; the policy(ies) must have ADDITIONAL INSURED. provisions or be endorsed. If SUBROGATION IS WAIVED,.subject to the terms and conditions_ of the policy certain policies may requirean endorsement A statement on this certificate does not confer rights -to the certificate holder in Iteu ofsuch endorsement(s)::. PRODUCER GGA Insurance Group. 10689 N_ Kendal( Drive Suite 208 Miami FL.33176 C°N.DICT. Benny Cabrea mec PHONN Exn:. ,(305) 630-4777 I WC, NO: (305);279-3022 A[cm : bcabrera@ggaig.com INSURER(5) AFFORDING COVERAGE _ NAIC A INSURERA: Lloyds.ofaondon 'INSURED Sunshine ForAllinc 1407 S W 22 ST Miami FL 33145 LMSURERB: A5CendantCOmm_erciallns.:In6. INSURER : eiStJRER o : INSURER E : INSURER F : GES CERTIFICATE NUMBER:. CL23122722072 'REVISION NUMBER: THIS !STD CERTIFY THATTHE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AB.E.FOR.Ti-IE.POUCY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT TERM OR CONDITIOV ON OFANY CONTRACTOR OTHER.D000MENT WfrH RESPECTTO'WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTA1N;.TNE INSURANCE AFFORDED BY THE POLICIES.DESCRIBED: HEREIN IS. SUBJECTT.OALLTHETERMS; EXCLUSIONS AND CONDRIONS-OF'SUCH POLICIES. UMITS SHOWN MAY HA VE.BEEN:REDUCED'8Y PAID'CLAIMS. WSR LTR A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY: CLAIMS -MADE OCCUR GENLAGGREGATE UMITAOPUES PER: X POLICY r JECT 1 1 PRO-. t LDC OTHER: ADOL'SUBR' etsb _wvo Y .POUCYNUMBER ME0183966523 POLICY EFP 1MMIDDIYYYY) 05/04/2023 POLJCYEXP' (MMID WYYY) 05/04/2024 EACH OCCURRENCE LIMITS $ 1,000,000 DAMAGE IC) RENTED • 'PREMISES"(Ed ocwnence) :N)ED'EIIP1Anybrre'r arson) PERSONAL &ADV (NJtJRY S 50,000 s VIP s 1,000,000 GENERALAGGREGATE. 2;000,000, 'PRODUCTS - COMP/OP 'AGG $ 1,000,000 $ B AUTO X MOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY ME0183966523 05/04/2023 05/04/2024 COMBINED SINGLE UMrr (Ea acrldent) s Included In GL :BODILY, INJURY tPer.pen:an) $ 410DILY INJURY (Per -PROPERTY DAMAGE '(Per accident) 5 5 5 UMBRELLAL1AB EXCESSLJAB OCCUR CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS'LUta)L)TY Y/N' ANY PROPRIETORIPARTNER/EXECUT1VE EI OFI ICERIMEMBER EXCLUDED? (Mandatory In NH) )f yes. describe under DESCRIPTION OF OPERATIONS below NIA WC710535 12/27/2023 12/27/2024 EACHOCCURRENOE S AGGREGATE 5 PER STATUTE ER. 5 EL EACH $ 100,000 EL DISEASE - EA EMPLOYEE $ 100,000 E.L DISEASE - POLICY UMIT 5 500,000 A Professional Liability (Claims Made) ME0183966523 05/04/2023' 05/04/2024 Each Clam Aggregate Retention $ 250,000 $ 750,000 $ 1,000 DESCRIPTION' OF OPERATIONS / LOCATIONS /VEHICLES. (ACORD 101, Additional Remarks SEhedele, may be'aNached. B mma space Is reeuhed) City of Miami is listed as an Additional Insured with respect to the.Generai Uabiiity. an a Primary. and Non -Contributory Basis when requlred'by written contract :30 Day Notice of Can.cellationApplies (Hired/Non'Owned Atitolncluded-wlthin GL Policy) EX.HIB.IT G CERTIFICATE HOLDER -CANCELLATION City of Miami 444 SW 2nd Ave, 2nd Floor Miami FL 33130 SHOULD ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE ThE EJfPI,RAT)ON DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEPOLICYPROVISIONS; -A UTNORMED.REPRES) N 11VE • ACORD 25 (2016/03) ©.1988-2015ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD