HomeMy WebLinkAbout24785AGREEMENT INFORMATION
AGREEMENT NUMBER
24785
NAME/TYPE OF AGREEMENT
SUNSHINE FOR ALL, INC
DESCRIPTION
HOPWA GRANT AGREEMENTMIAMI HOUSING QUALITY
STANDARD INSPECTION SERVICES FOR MULTI -FAMILY
AFFORDABILITY, FIRST TIME HOMEBUYERS/FILE ID: 14972/R.
23-0541/MATTER ID: 24-14/#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
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT (HOPWA)
AGREEMENT
HOUSING SPECIALIST AND INSPECTION SERVICES FOR THE LONG TERM
TENANT BASED RENTAL ASSISTANCE PROGRAM
This Agreement (hereinafter the "Agreement") is entered into this 20 day of
JAN.) , 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: Housing Opportunities for Persons with AIDS
(HOPWA)
CFDA# (If applicable): HOPWA - 14.241
AMOUNT: $ 10,000
TERM OF AGREEMENT: Effective date of this agreement is October 1, 2023
PROJECT NUMBER:
DUNS® NUMBER:
AGENCY'S ADDRESS:
to September 30, 2024
1407 SW 22ND ST
MIAMI, FL 33145
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WITNESSETH
WHEREAS, the Housing Opportunities: for:Persons With AIDS (HOPWA) Program was
created under the AIDS Housing Opportunity Act; and revised under the Housing and Community
Development Act of 1992;.and
WHEREAS, 24 CFR 574, Subpart B,, stipulates:that the mostpopulous unit: of general- local
government in an Eligible Metropolitan Statistical Area (EMSA) be. the applicant for the HOPWA
Program funds .allocation for the EMSA; and
WHEREAS, in Miami -Dade County, the City of Miami.is .the most populous City, and
thereby, the designated applicant for HOPWA Program funds: for this EMSA; and
WHEREAS; the. City -Commission of the City of Miami authorized the City Manager to
execute the necessary agreements with the PROJECT SPONSOR for the provision of HOPWA
assistance to very low-income persons:living with HIV/AIDS; and
WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants andobligations herein set forth,
the parties understand and agree as follows:
1.1 EXHIBITS.
Exhibits:
Exhibit A
Exhibit B
Exhibit C.
Exhibit D
Exhibit E.
Exhibit F
Exhibit G
ARTICLEI
EXHIBITS: AND. DEFINITIONS
Attached hereto and; forminga part of this Agreement are the following
Corporate Resolution Authorizing Execution of this Agreement
Work Program
Compensation and Budget Summary
Certification. Regarding Lobbying Form
Certification Regarding Debarment,. Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Crime Entity Affidavit
Insurance Requirements
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Act OR 24 CFR 574: HOPWA Regulations promulgated by HUD for the HOPWA Program,
Final Rule, and any changes thereto.
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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 orr was produced, developed,
maintained, completed, received or compiled by or at the direction uf
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 .ofHousing 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 forthin this Agreement.
HOPWA Program: Housing Opportunities for Persons with AIDS Program.
Low -and -Moderate A member of a low- or moderate -income household whose
Income Person: income is within specific income levels set forth by U.S. HUD.
U.S. HUDor HUD: The United States Department of Housing and. Urban Development.
ARTICLE II
BASIC REQUIREMENTS
Thefollowing documents must be approved by the CITY and must be on file with the Department
prior: to the CITY'`s, execution of this Agreement:
2.1 The Work Program submitted by the PROJECT SPONSOR to: the: CITTY whichshall
become attached hereto as Exhibit "B" to this Agreement and shall include the' following:
2.1.1 Thedescription 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 .ofHOPWA Funds. Where appropriate it should list measurable
Objectives, define the who,, what, where .and, when :of the project, and.: in general
detail how these activities will ensure that the: intended beneficiaries. will be served.
:2.1.2 The schedule of activities and measurable objectives play an essential role in the
grant management system.: The schedule should provide projected milestones and
deadlines for the accomplishment oftasks in carrying: out. the Work Program. These
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projected milestones and deadlines are a basis for measuring actual progress during.
the term of this Agreement. These items shall be in sufficient detail to provide a
sound basis for the -CITY to. effectively monitor performance by the PROJECT
'SPONSOR under, -this Agreement.
2.2 The Budget Summary attached hereto as Exhibit "C", including the PROJECT SPONSOR's
Itemized Budget, Cost Allocation, Budget Narrative, .Staff Salaries- Schedule and a copy of
all subcontracts.
2.3 A list of the PROJECT SPONSOR's present officers and members of .the Board (names,
addresses, :and . telephone. numbers)
2-.4 A list of key staff persons (with their titles) who: will carryout the Work Program.
2.5 Completion of an Authorized Representative Statement.
2.6 Completion .of a Statement of Accounting System.
2.7 A copy of the PROJECT SPONSOR's corporate personnel, policies and procedures.
2.8 Job description. and resumes for all positions funded in. whole or in part under this
Agreement.
2:9 Copy of the PROJECT:SPONSOR'.s last federal income tax return •(IRS, Form_ 990)..
2.10 The, following .corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the PROJECT SPONSOR,
certified by the PROJECT SPONSOR's Corporate Secretary, authorizing. the,
consummation. of the transactions contemplated hereby, all,in a form satisfactory to
the CITY.
2.11 Acceptance of federal requirements applicable to the HOPWA program under.2. CFR part
200, Uniform Administrative Requirements, Cost Principles, 'and Audit Requirements for
Federal Awards; :acceptance of regulations contained under 24 CFR 574 and the Final rule
and Lead Based Paint regulations under 24 CFR Part 35.
2.12 ADA Requirements.
2.13 Drug Free Certification.
2.14 All other:docurnents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES.
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act.on
behalf of the CITY in the fiscal control, programmatic monitoring. and modification of this
Agreement, except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
The Effective date of this agreement is October 1, 2023 to September 30;- 2024
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3.3 OBLIGATIONS OF PROJECT SPONSOR. The PROJECT SPONSOR shall carry out the
services and activities as prescribed in its Work Program, which is attached and incorporated
herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY,
and in accordance with the written policies, procedures, and requirements as prescribed in this
Agreement,and as set forth by HUD and the CITY.
3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current
Federal regulations as may be amended. The PROJECT SPONSOR is aware of and accepts the
Policies and Procedures Manual for the HOPWA Grant as the official document which outlines
the fiscal, administrative and federal guidelines which shall, regulate the, day=to-day operations of
the PROJECT SPONSOR. The Policies and Procedures Manual for the HOPWA Grant is
incorporated herein and made part of this Agreement. The City of Miami reserves the right to
update this Policies and Procedures Manual via Program Directives. These Program Directives
and updated versions of this Policies and Procedures Manual shall be incorporated and made a part
of this Agreement.
3.5 LEVEL OF SERVICE. Should start=up time for the Work Program be required or in the.
event of the occurrence of any delays in the activities thereunder, the PROJECT SPONSOR shall
immediately notify the, Department in writing, giving all pertinentdetails and indicating when the
Work Program shall begin and/or continue. It is understood and agreedthat the PROJECT
SPONSOR .shall maintain the level of activities and expenditures: in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall
not result in the displacement of employed workers, impair existing agreements for services or
activities, or result in the substitution of funds allocated under, this Agreement for other funds in
connection with work which would have been performed in the absence of this: Agreement.
3.6 PRIOR APPROVAL. The PROJECT SPONSOR shall obtain the prior approval of the
CITY prior to undertaking any of the following with respect to the project and/or the Work
Program:
• The addition of any positionsnot specifically listed in the approved. Itemized Budget.
The modification or addition of any job descriptions.
• The purchase of any non -expendable personal property.
• The dispositioh of any real property,. expendable personal property or anynon-
expendable personal property.
• Any out-of-town, travel not: specifically listed in the Itemized Budget.
• The use of program income in any manner not specifically listed in the. Itemized
Budget.
• Any proposed, Solicitation Notice, Invitation for Bids, and Request for Proposals.
• The disposal of any Agreement Records.
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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 theprovisions described in Exhibit
"G" attached hereto, and incorpOrated into this Agreement..
4.3 FINANCIAL ACCOUNTABILITY. The CITY 'reserves the right to audit the records of
the PROJECT SPONSOR at any time during the performance of this Agreement and:for a period
of five (5) years after its expiration/termination: The PROJECT SPONSOR agreesto. provide all
financial and other applicable records and documentation of services to the CITY. Any payment
made shall be subject to reductiori for amounts included in the:related invoice which arefbimd by
the CITY, on the basis of such audit arid at its sole :discretion, not to constitute reasonable arid
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: CO to comply with the terms of this Agreement, or (ii) to
accept conditions imposed by the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this. Agreement is contingent on the
availability of funds and continued authorization for HOPWA Program activities, and is also
subject to amendment or termination due to lack of finds or authorization, reduction of funds,
and/or changes in regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 As a necessary part of this Agreement, the PROJECT SPONSOR shall adhere to the
following audit requirements:
5.1.1 If the PROJECT SPONSOR expends $750,000 or more in federal funds ,during its
fiscal year, it shall have a Single or a Program -Specific Audit conducted for that
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year: Such Audit must be conducted in accordance: with. General Accepted
Government Auditing Standards (GAGAS.)
a) Single Audit. A single audit must be conducted in accordance with 2 CFR
200.514 "Scope of Audit',; except. when the .PROJECT :SPONSOR elects to:
have .a Program -Specific Audit conducted in accordance with paragraph b) of
this section.
b) Program -Specific Audit. When a PROJECT _SPONSOR expends federal
awards under only one federal program and, the federal program's statutes,
regulations, or the, terms and conditions of the federal award, do not require :a
financial, statement audit of the PROJECT SPONSOR, ;the PROJECT
SPONSOR may elect to have a Program -Specific Audit conducted in
accordance with 2 CFR 200.507- "Program -Specific Audits".
The auditor must:
(i) Perform an audit of the financial statement(s) for the Federal program
in accordance .to GAGAS;
(ii) Obtain an understanding: of internal controls and perform tests of
internal controls over, the Federal 'program consistent with the:
requirements of 2 CFR 200.514(c)` to ensure compliance with.
procedures;
(iii) Perform procedures to determine whether the PROJECT SPONSOR has
complied with Federal statutes, regulations, and the: termsand
conditions of Federalawards: that could have a direct and material .effect
on the Federal program consistent: with the requirements of 2 CFR
200.514(d).
(iv) Follow up on prior audit findings, perform procedures to assess the:
reasonableness of the: summary schedule of prior audit findings:
prepared by the PROJECT SPONSOR in accordance with the
;requirements 'of 2 CFR 200.511 "Audit findings follow-up", and report,
as a current year audit finding, when the auditor concludes that the
summary schedule of prior audit findings materially misrepresents the
status, of any prior audit finding; and
(v) Report any 'audit ,findings .consistent with, the requirements of :2 CFR
200:516 "Audit findings".
The auditor's report(s) muststate that the audit was conducted in accordance
with this 2'CFR 200.507 "Program -Specific Audits":and includa 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 thestated 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 towhether the PROJECT SPONSOR. complied with. laws,
regulations, and the terms and conditions of Federal awards which could
have a direct and material effect on the Federal program; and
(iv) A schedule of findings .and. questioned costs for the Federal program.
that :includes a summary of .the auditor's results relative to the Federal
program in a format consistent: with; 2 CFR 200.515 `Audit reporting",.
paragraph.(d)(1). and findings ,and questioned costs consistent with the
requirements. of 2 CFR 200.515 "Audit reporting", paragraph (d)(3)..
5.1.2 If the PROJECT SPONSOR expends less than $750,000 in federal funds during its
fiscal year, it is exempted from federal audit requirements for that year and
consequently the audit cost is not a.reimbursable expense. The CITY, however,
may request the PROJECT SPONSOR to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the .CITY
and address only one or more of the following types of compliance requirements:.
activities allowed or unallowed; allowable costs/cost 'principles; eligibility
matching;. level, of effort, earmarking; and, reporting:
All reports presented to the CITY shall, where applicable, include .sufficient. information.
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit 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
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 maintainedby the PROJECT SPONSOR:
6.1.1 Records providing a full description .• of each activity :assisted'(or being assisted):
with HOPWA funds, including its: location (if the -activity has a geographical'locus),
the amount of HOPWA funds budgeted, obligated and expended for the activity,
and the specific provision in the HOPWA Program regulations under which the
activity is. eligible.
6.1.2 Records. demonstrating, that client meet eligibility criteria set forth in the HOPWA
Manual andthat such informationis provided in the form required in same.
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6..1.3 Equal Opportunity Records 'containing:
(i) Data on the: extent to which each: racial. and ethnic ,group and single -headed
households (by gender of household. head) have applied for; participated in, -
or benefited. from, any program. or:activity funded. in whole or in part with
HOPWA funds. Such information shalt be used .only as'a:'basis for further
investigation .relating to compliance with, any requirement, to attain .or
maintain any particular statistical measure 'by .race, ethnicity, or gender in
covered. programs.
(ii) Documentation :of actions undertaken to. meet. the requirements of.Section•
.3 of the: Housing and Urban .Development Act;of 1968, as amended (12
1701U),, and 24 CFR part 75, relative to the hiring; and 'training of
low and moderate income persons and the use of localbusinesses:
6;1.4 Financial records, in.accordanceWith the applicable requirements of 24 CFR 574.
6.1.5 Records required to be maintained in accordance°with other applicable laws and:
regulations set forth in 24 CFR 574.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS.
6.2.1 The Department shall .have the authority to .review the PROJECT SPONSOR'•s
records, including project and programmatic records andbooks of account, for a.
period of five (5). years from the expiration/termination .Of this Agreement (the
"Retention Period"). All books of account andsupporting documentation shall be
kept by the PROJECT SPONSOR at .leastuntil the expiration of the Retention
Period,
The PROJECT 'SPONSOR shall maintain records sufficientto meet the
requirements: of 24 CFR 574: All .records and reports required •herein: shall. be
retained and made accessible as provided. thereunder. The PROJECT SPONSOR
further agrees to abide by Chapter 11.9, Florida Statutes, as the same may be
amendedfrom time to time, pertaining to public records, as may be limited by 24.
CFR 574.44.0 pertaining to. the: confidentiality of program participants. The
PROJECTSPONSOR shall ensure thattheAgreementRecords'shall be, at all times
:subject to and available for :full access and review, inspection and audit by the
CITY, federal personnel and any otherpersonnel duly 'authorized by the CITY.
6.2;2 The PROJECT SPONSOR, shall :include in all. the Department approved
subcontracts used to engage subcontractors tocarry. out: any eligible .substantive
project or programmatic activities, as such activities .are described in this
Agreement and defined by the Department, each of therecord-keeping and audit
requirements detailed in this Agreement. The Department shall inits 'sole discretion
determine when services :are eligible substantive project and/or programmatic
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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 ofany 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 a address where all -Agreement Records will be retained.
6.2.5 The PROJECT SPONSOR shall obtain the prior written consent of the. Department
to the disposal of any Agreement. Records within one year after the expiration of
the Retention Period..
6.3 PROVISION OF -RECORDS..
6.3,1 At any time upon .request by the :Department, the PROJECT SPONSOR shall
provide all Agreement Records: to the Department:. The requested. Agreement
Records shall become the property of the Department without restriction,
reservation, or limitation on their use. The Department shall, have unlimited rights.
to all books,. articles, or other copyrightable materials developed in the performance
of this Agreement. These rights include the right'of royafty-free,- nonexclusive, and,
irrevocable. license to .reproduce, publish, or otherwise use, and to ,authorize ;others
to use, the Work Program for public purposes.
6.3.2 If the PROJECT SPONSOR receives:funds from, orris under regulatory control of,
Other governmental agencies, and those agencies issue Monitoring reports,
regulatory examinations, or other similar reports, the PROJECT SPONSOR shall.
provide a copy of each. such report.and:any:follow-up communications and reports
to the Department immediately upon such issuance,. unless such_ disclosure would
be prohibited. by any such "issuing. agency.
6.4 MONITORING. The PROJECT SPONSOR shall permit the Departmentand persons
duly authorized by the Department to inspect all, Agreement :Records, facilities, goods, arid -
activities ofthe PROJECT SPONSOR which are in any way connected to the activities undertaken
pursuantto 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 the report or provide the Department with a ;reasonable: justification for not correcting
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the same. The Department will determine in its sole and absolute discretion whether or ,not the
PROJECT SPONSOR's justification is acceptable.
At the request of the CITY, the PROJECT SPONSOR, shall transmit to the CITY written
statements of the PROJECT SPONSOR's officialpolicies 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 Icause for the CITY to terminate thisAgreement.
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 membership& Upon forming the relationship or if already formed, before of at the time
of execution of this Agreement, the PROJECT SPONSOR shall report such relationship to the
Department. Any supplemental information shall be promptly reported to the Department. The
SUBRECIPIENT shall report to the Department the name, purpcise for and any and all other
relevant information in connection with any related -party transaction.
6.6 PROGRESS REPORTS. The PROJECT SPONSOR shall submit to the CITY, on a
quarterly basis, a Work Program Status Report.
ARTICLE VII
OTHER HOPWA PROGRAM REQUIREMENTS
7.1 The PROJECT .SPONSOR shall maintain current documentation that its activities are
HOPWA eligible in accordance with 24 CFR Part 574.
7.2 The PROJECT SPONSOR shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted in whole or in part with HOPWA funds is an activity which
provides benefit to low income persons living with HIV/AIDS.
7.3 The PROJECT SPONSOR shall comply with all applicable provisions of 24 CFR Part 574
and shall carry out each activity in compliance with all applicable federal laws and regulations
described therein.
7.4 The PROJECT SPONSOR shall cooperate with the Department in attending meetings at
the request of the Department and to provide information as requested or required to the
Department.
7.5 The PROJECT SPONSOR shall, to the greatest possible; give low -and -moderate -income
residents of the service areas opportunities for training and employment.
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7.6 NON-DISCRIMINATION. The PROJECT SPONSOR shall not discriininate on the basis
of race, Color, national origin, sex, religion, age, marital or family status ot-handiCap iri connection
with the, activities and/orthe Work Program or its performance under this Agreement.
FurthermOre, the PROJECT SPONSOR agrees that no otheriVise qualified individual shall, solely
by reason of his/her race, sex, color, creed, national origin; age, marital statuS, sexual orientation
or handicap, be excluded from the participation in, be denied benefits of, or be subjected to
discrimination under any program or activity receiving federal financial 'assistance.
7.7 The PROJECT SPONSOR shall carry out its WorkPrOgram in compliance with all federal
laws and regulations.
7.8 The PROJECT SPONSOR. shall abide by the Federal Labor Standards provisions of HUD
Form 4010 Incorporated herein as part of this Agreement.
7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROJECT SPONSOR shall
comply with the requirements and standards of 2 CFR 1200, "Uniform Administrative
Requirements, CoSt Principles, and Audit Requirements for Federal Awards", as set forth under
Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles."
7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
PROJECT SPONSOR is or was created by a religious organization, the PROJECT SPONSOR
agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions,
restrictions, and limitations of 24 CFR Part 574.
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, as a general rule, HOPWA assistance may not be used
for religious activities. The PROJECT SPONSOR shall comply with those requirements and
prohibitions when entering into subcontracts.
7.11 REVERSION OF •ASSETS. Upon expiration/termination of this Agreement,: the
PROJECT SPONSOR must transfer to the CITY any unused HOPWA funds at the time of
expiration/termination and any accounts receivable attributable to the use of HOPWA funds.
Notwithstanding any other provision of this Agreement, if the PROJECT SPONSOR materially
fails to comply with any term of this A'greement, the PROJECT SPONSOR, at the sole discretion
of the CITY, shall pay to the CITY an amount equal to the current market value of any real
property, under the PROJECT SPONSOR':s control, acquired or improved in whole or in part with
HOPWA Funds (including HOPWA Funds provided to the PROJECT SPONSOR in the form of
a loan and/or grant), less any portion 'of the value attributable to expenditures of non-HOPWA
funds for the acquisition of, or improvement to, theproperty. The payment is progratn income to
the CITY.
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7.12 ENFORCEMENT OF THIS AGREEMENT:
Any violation of this Agreementthat remains: uncured. thirty (30) days after the PROJECT
SPONSOR's receipt of notice from the CITY (by certified or registered mail) of such violation
may, at the option of the. CITY,, be addressed by an action for damages or equitable relief, or any
other remedy provided at law orin equity. In addition to the remedies of the CITY set forth herein,
if the PROJECT SPONSOR fails to comply with the terms of this Agreement, the CITY may
suspendor terminate this Agreement in accordance with 24 CFR;Part 85..43, as set forth more fully
below in Article ;X.of this Agreement.
7.13 SUBCONTRACTS AND ASSIGNMENTS..
7.13.:1 The PROJECT SPONSOR shall ensure:that :all subcontracts and: assignments:
(a) Identify the full, correct, and, legal name of all parties;
(b) :Describe the activities to be performed;
(c) Present a complete and accurate breakdown_of its price components;
(d) .Incorporate 'a provision requiring compliance with all applicable regulatory
and -other requirements of this Agreement. The requirements, of this paragraph
apply only to subcontracts, and assignments in which parties are •engaged to
carry out any eligible: substantive programmatic .service, as: may be defned
by theCITY, set forth in this -Agreement. The CITY shalt 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:
7.11.2 The PROJECT SPONSOR 'shall incorp orate in all consultant subcontracts the
following provision:
"The PROJECT SPONSOR is not responsible for' any insurance or other :fringe
benefits for the Consultant or -employees:.of the Consultant, e.g., social, security;
income tax withholding, retirement or leave benefits normally available to direct
employees :of the PROJECT SPONSOR. The: ,Consultant, assumes full
responsibility for the provision of all insurance .and. fringe benefits; for himself .or
herself and employees: retained by the Consultant in carrying. out the scope of
services provided .in this subcontract."
7.13.3 The .PROJECT SPONSOR shall be: responsible for monitoring the ;contractual
performance of all subcontracts.
7.113.4 The PROJECT SPONSOR shall submit to the CITY for- ita.review and confirmation
any subcontract engaging any party to, carry ,Out :any substantive programmatic
activities, to ensure its. compliance with the requirements of this Agreement: The
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CITY's review and confirmation shall :be obtained prior to the release of any funds
for the PROJECT SPONSOR's Subcontractor(s).
7.13.5 The PROJECT SPONSOR shall receive: written approval from the CITY prior to
either assigning or transferring any obligations or responsibility set forth in this
Agreement or the right to receive benefits or payments resulting from this
Agreement. Approval by the CITY of any subcontract or assignment shall not under
any circumstances be deemedto require for the CITY to incur any obligation, in
excessof the total dollar amount agreed upon in this. Agreement.
7.13.6 The PROJECT SPONSOR and its Subcontractors shall comply (when applicable)
with the Copeland Kick Back Act, Contract Work Hours and:Safety-Standards Act,
and Lead Based" Paint Poisoning Prevention. Act and all other related acts,as
applicable.
7..14 USE OF FUNDS FOR. LOBBYING PROHIBITED. The expenditure: of Agreement: funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited:
ARTICLE VDT
;PROJECT SPONSOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS:
The "PROJECT SPONSOR certifies that:
(a). The PROJECT ;SPONSOR possesses the legal authority to enter into this Agreement
pursuant to, authority that has been duly adopted or passed as an official act of the
PROJECT SPONSOR's governing body, authorizing the .execution of the Agreement,
including all understandings :and assurances contained herein, and directing and
authorizing the person identified as the official representative of the PROJECT SPONSOR
to act in connection with this Agreement and to provide such information as may be
required.
(b) The. PROJECT SPONSOR shall comply with the. Hatch Act, which limits, the political
activity of employees.
(c) The PROJECT SPONSOR shall establish safeguards to prohibit its employees" from using
their positionsfora purpose that is or •gives the appearance of being: motivated. by desire
for private gain for themselves or others, particularly those with whom they have family,.
business, or other ties.
(d) To the best: of its knowledge and belief, the PROJECT SPONSOR and its principals:
are not presently debarred, suspended,, proposed for debarment, declared ineligible,.
or voluntarily excluded from covered transactions by any Federal :department or
agency;
(i)
14
(ii) have not, within a three-year period preceding the :date of this Agreement, been
convicted of or had a. civiljudgment rendered against any of them for the
commission of fraud ora criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local)': transaction or a contract
under a public transaction; violation of Federal or State antitrust statutes or
falsification or destruction or records, making: false.' statements, _or receiving stolen
property;
(iii) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State,.. or local) with the commission of any of the
offenses enumerated in this Article VIII; and
(iv) have not, within a three-year period preceding the date if this Agreement, had one
or more public: transactions (Federal, State, or local) terminated for cause or default.
ARTICLE" IX
PROGRAM INCOME
2 CFR 200.307
9.1 Program income means gross income :received. by the, PROJECT SPONSOR whichhas
been directly generated, from the use of the HOPWA funds. When such income is.
generated by an activity that is=only partially assisted with the HOPWA funds, the income
shall be prorated to reflect the percentage of HOPWA funds used. Program income
generated by HOPWA funded activities shall be used.. only to undertake. those activities
specifically approved by the CITY on and for the Work Program. All provisions of this
Agreement shall apply to such activities. Any programincome on hand when this
Agreement 'expires/terminates, or received after such expiration/termination shall bepaid
to the CITY.
The PROJECT SPONSOR shall submit to the CITY, if .applicable, a Program Income
Report on.a quarterly basis. The Program :Income Report shall identify HOPWA activities
in whichincome was derived and how income has been utilized.
9.2 REPAYMENTS. Any interest or other return on the :investment of the HOPWA funds
shall be remitted to the CITY on a monthly. basis. Any HOPWA. funds funded to the
PROJECT SPONSOR that do not meet the eligibility requirements; as' applicable, must be
repaid to the CITY.
ARTICLE X
REMEDIES, SUSPENSION, TERMINATION
15
10.1 REMEDIES FOR. NONCOMPLIANCE. The, CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to. the CITY.. In that event, notice of termination of this Agreement shall be in
writing to the PROJECT SPONSOR, who shall be paid for those services performed prior to the
date of its, receipt to the notice of termination. In no case, however, shall the CITY pay the
PROJECT SPONSON an amount in excess of the total sum provided by this Agreement
Itis hereby understood by and between the CITY and the PROJECT SPONSOR that any payment
made in accordance with this Agreement to the 'PROJECT SPONSOR shall be made only if the
PROJECT SPONSOR is not in default under the terms of this Agreement. If the PROJECT
SPONSOR is in. default, the CITY shall not be obligated and shall not pay to the PROJECT
SPONSOR any sum whatsoever.
lithe PROJECT SPONSORmaterially 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 ot 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 HOPWA funds awarded to
the PROJECT SPONSOR.
10.1.4 Withhold further grants and/or loans for the PROJECT SPONSOR.
10.1,.5 Take all such other remedies that may be legally available.
102 SUSPENSION.
10.2.1 The Department may, for reasonable cause temporarily suspend the PROJECT'
SPONSOlk's operations and authority to obligate funds under this Agreement: or
withhold payments to the: PROJECT SPONSOR pending necessary corrective
action by the PROJECT SPONSOR.. Reasonable cause shall be determined by the
Department in its sole and absolute discretion-, and may include!
(i) Ineffective or improper use of the HOPWA funds by the PROJECT
SPONSOR;
(ii) Failure by the PROJECT SPONSOR to comply With any term or provision
of this Agreement;
(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.
16
10.2.2 The Department may at any time suspend the PROJECT SPONSOR's authority to
obligate funds, withhold payments, or both.
10.2.3 The actions" described in paragraphs 10.2.1 and 10.2.2 above may appliedto 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.; Thenotification 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 inwriting to. the PROJECT SPONSOR. " Said notice shall be
delivered by certified mail, return receipt requested, or by in person delivery with.
proof of delivery. In the event that the: CITY's,funding source reduces the CITY's
entitlement under the HOPWA Program; the CITY. shall determine,; in its sole and
absolute discretion, the availability of funds for,the PROJECT SPONSOR pursuant
to this. Agreement.
10.3.2 Termination for Breach. The Department:may terminate this Agreement, in "whole
or in part, in the event the Department determines in its sole and absolute
discretion,that the PROJECT SPONSOR is materially non -compliant with any
term or provision:of this Agreement.
The Department may terminate: this Agreement, in wholeor in part, in the event
that the Department determines, in its sole and absolute discretion; that there exists
an event of default under and pursuant to the terms of any other "agreement or
obligation of any kind or nature whatsoever of the PROJECT SPONSOR to the
CITY, direct or :contingent,_ whether now or hereafter due, existing, created or
arising.
10.3:3 Unless the PROJECT SPONSOR's breath is waived by the Department in writing,
the Department may, by written notice to the PROJECT "SPONSOR, terminate this
Agreement upon not less; than twenty-four (24) hours prior written notice. Said
notice.shall be delivered by certified mail, return receipt requested, or by in person
delivery withproof of delivery.,. Waiver of breach of any 'provision of this
Agreement shall riotbe 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
17-
hereof are not intended to be, and shall not be, construed to limit the Department's
right to legal or equitable remedies.
ARTICLE_XI
MISCELLANEOUS PROVISIONS:
11:1 INDEMNIFICATION. The RECIPIENT Shall indemnify, hold harmless, and defend. the
City, its officers,' agents,. directors, and/or employees, from liabilities, damages, losses, judgments,
and costs, including, but not limited to: reasonable attorneys fees,. to the extent caused by the
negligence, recklessness, negligent act or omission, br intentional wrongful misconduct of
RECIPIENT and persons employed or utilized by RECIPIENT in the performance of this Contract.
RECIPIENT shall, further, hold the City, its officials: and/or employees, harmless for, and defend
the City, its officials and/or employees against, any civil actions, statutory or similar claims,
injuries or damages arising or resulting from the permitted work, even if it is alleged that. the City,
its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against the City by reason of any
such claim, or demand, the RECIPIENT shall, upon written notice from the City, resist:and defend
such action or proceeding: by counsel satisfactory to the. City. The RECIPIENT expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
providedby the RECIPIENT shall in,no way limit the responsibility to indemnify, keep and save
harmless and :defend the City or its officers, 'employees; agents, and instrumentalities as herein
provided.
The indemnif cation provided above shall, obligate the RECIPIENT to. defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such, defense,
at the City'soption, 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. Iaws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of§725.06 and/or §725.08,. Florida Statutes, as
applicable.
The RECIPIENT shall require all Sub -contractor agreements,if applicable, to include a provision.
that they will indemnify the City..
The RECIPIENT agrees andrecognizes. that the ;City, shall •not be held ,liable or responsible for any
claims which may result from any actions or omissions of the RECIPIENT in which the City
participated either through review or concurrence of the RECIPIENT'S. actions. In reviewing,
approving or rejecting any submissions by the RECIPIENT or other acts of the RECIPIENT,. the.
City in no way assumes or shares any responsibility or liability of the RECIPIEN or, 'Sub -
RECIPIENT under this Agreements.
1.1.2 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.
18
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 theiruse if requested by the CITY. The PROJECT SPONSOR agrees that all
documents maintained and generated pursuant to this. Agreementshall be subject to all provisions
of the Public Records Law, Chapter 119, Florida Statutes:
It isfurther: understood by and between the parties that any document which is given by the CITY
to the PROJECT SPONSOR pursuant to this Agreementshalt at alltimes 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 hasnot: employed.
or retained any person, employed by the CITY to solicit or secure this Agreement and thatithas
not offered to pay, paid, or agreed to pay ;any person employed :bythe CITY any "fee, commission,
percentage, brokerage fee, or gift ofany kind contingent upon or resulting from the .award of this
Agreement,
11.5 NON-DELEGABILITY. The obligations undertaken by the PROJECT SPONSOR
pursuant ,to this Agreement shall not be delegated or assigned to any other person or. firm, in whole
or in part: (a) except inaccordance 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 shaft be .construed andenforced
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 HOPWA
Program funded activities has any personal. financial interest, direct or indirect, in
this Agreement. The PROJECT SPONSOR further covenants that, in the
performance of this. Agreement, no person having such a conflicting interest shall
be employed. Any such interest on the. part of the PROJECT SPONSOR or its
employees must be disclosed in writing to the CITY.
11.7,2 The PROJECT SPONSOR. is aware, of. the conflict of .interest, laws of the City of
Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida
(Miami -Dade County Code Section 2-11-1)-and the State of Florida (Chapter 112,
19
Florida Statutes), as amended, and agrees that: it shall comply in all respects with
the terms of the same.
11.7.3 In all other cases, the PROJECT SPONSOR shall comply with the standards
contained within 24 CFR.574.625.
11.8 PROCUREMENT. The. PROJECT SPONSOR shall comply with the standards contained
within 2 CFR 200 Subpart D, "Post Federal Award Requirements."
11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
PROJECT SPONSOR agrees and understands that the CITY has no obligation to renew this
Agreement.
11.10 ENTIRE AGREEMENT. This instrument and. "its attachments constitute the only
agreement of the parties heretorelating to the HOPWA. funds and sets forth the rights, duties, and
obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
11.11 GENERAL CONDITIONS.
11.11.1 All notices or other communications which shall, or maybergiven pursuant to this
Agreement shallbe in writingand 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 theday on which personally served, or, if by mail, on
the fifth day after being posted or the: date of actual receipt, whichever is earlier.
CITY OF MIAMI
George Mensah, Director
Department of Housing and Community Development
One Flagler Building
14 NE 1st Avenue
Second Floor
Miami, FL 33132
PROJECT SPONSOR
SUNSHINE FOR ,ALL,-INC
20
1407 SW 221,D.ST
MIAMI FL 33,1.45"`
11.11.2 Title andparagraph headings are for convenient reference. and are not a part of
this Agreement:.
11.1.1.3 In the event .of conflict between theterms of this Agreement and any terms or
conditions. contained in any attached documents, the terms in this ,Agreement :shall
control.
11.1.1..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 Shouldany provision, paragraph, sentence, word or phrase .contained in this
Agreement be determined by a court of competent jurisdictionto be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph,, sentence, wordor phrase shall be
deemedmodified 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, theremaining terms and provisions of this Agreement shall
remain unmodified and in full force and, effect.
11.12 INDEPENDENT CONTRACTOR. The PROJECT SPONSOR .and its .employees and
agents shall be .deemed to be independent contractors .arid not agents or employees of the :CITY,
and shall not attain any rights or benefits under the Civil..Service or Pension Ordinances of the
CITY or any rights generally afforded classified or unclassified employees, further, they shall not
be deemed: entitled to the Florida Worker's. Compensation: benefits as employees of the CITY,
11:.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and .their respective heirs,executors, legal representatives, successors, and; assigns.
11.14 SUBRECIPIENT CERTIFICATION. The PROJECT SPONSOR certifies that it possesses
the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or
passed as an official act of the PROJECT SPONSOR's governing; body, authorizing the execution
of this Agreement, including all understandings .and, assurances contained herein, and directing
and authorizing the person identified as the official representative of the PROJECT SPONSOR to
act in connection with this: Agreement and to provide such information as may be required.
21
11.15 WAIVER OF JURY TRIAL. Neither the PROJECT SPONSOR, nor .any assignee,
successor, heir or personal :representative: of the PROJECT SPONSOR, nor any other person or
entity, shall. seek a jury trial in any lawsuit,, proceeding, counterclaim or any other litigation
procedure based .upon or arising out of any of the Agreement, and/or any modifications, or the
dealings or the relationship between or among: such ,persons or entities, or any of them.. Neither
the PROJECT SPONSOR, nor any other person or entity will seek to consolidate any such action
in which a jury trial has .been waived with, any other action. The provisions of this paragraph have
been fully discussed by the parties hereto, .andthe- provisions hereof shall be subject to no
exceptions. No party to this Agreement has in :any manner agreed with or represented to any other
party that the provisions of this paragraph will ;not be fully enforced in all instances.
11.16 CLOSE OUT. When the City determines that: all.; required work under the Agreement has
been completed or upon the expiration or termination of the PROJECT SPONSOR Agreement,
the CITY shall require the PROJECT SPONSOR to provide final versions of all financial,
performance, and other reports. These, reports may include, but are not limited to:
• A finalperformanceorprogress report.
A financial status report (including all program. income).
• A final request for. payment.
• A final inventory of property in the PROJECT SPONSOR's possession that was acquired
or improved with HOPWA funds.
11.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This .Agreement may be
executed in any number of counterparts, each of which so executed shall be deemed: to be an.
original,and such counterparts shall together constitute but one :and .the same Agreement. The
parties shall be entitled to sign and transmit an .electronic signature' of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding onthe party whose.
name is contained herein. Anyparty providing an electronic signature agrees to promptly execute
and deliverto the other parties an original signed Agreement upon request..
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
PROJECT SPONSOR
SUNSHINE FOR ALL, INC
AUTHORIZED REPRESENTATIVE:
1407 SW 22ND ST
MIAMI, FL 33145
a Florida not -for -profit corporation
ATTEST:
Nam-:Uboi Sl ono Date: I fa Z.IZL) ame: oarmra mCDate: 11S12024
Titie:tXVA/if VO Pire1tvY Title: AS5"Pir&otu'
Corporate Seal:
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Arthur Norieg
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
Ann -Marie Sharpe
Risk Management
Date:
23
ATTEST:
r�
`Todd Hannon
City Clerk
Dar.
APPROVED AS TO FORM AND
CORRECTNESS:
ictoria Mendez
City Attorney
Date: 1/15/24
RP #24-14
EXHIBITA
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 Alt, inc -1407 SW 22"d 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 HOPWA inspections Program for the period
October 1st, 2023 through September 30th, 2024 in the amount of $10 000.00
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 All, 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):
A /1/1.— 2E47.3 _
Ruben Santana j Vice Chairman of the Board Printed Name
' i/'-' •
./'
Aarpr eigler-J re' rer of the Board
ARoia
Date
/. /Zd-/2a z3
Printed Name Date
040 U414-
Linda Albe �,S y4tary of the Board
Antonio Leon j Board Member Printed Name Date
Printed Name
Ah7 7 D ..); CZO ,L)
Date
1Z�s7/2 aj
EXHIBIT B
WORK :PLAN PROGRAM
Program Year:
Organization Name:
October 1,. 2023 -September 30, 2024
Sunshine For All, Inc
Program Name:
Housing Opportunities for Persons With. AIDS ('HOPWA'
Detailed Scope of Work:
1)
SUBRECIPIENT will provide:
• Housing Quality Standards (HQS) Inspection Services for the City of Miami HOPWA
Program.
• The SUBRECIPIENT will complete up to fifty (50) HQS Inspections during the contract year
FISCAL YEAR 2023-2024.
• Sunshine For All, Inc. will perform the inspections for the City of Miami Clients.
• The contract will commence on October 1st, 2023, and ends on September 30th, 2024.
2) SUBRECIPIENT shall establish and maintain sufficient records to enable the City to determine
the PROJECT SPONSOR has met the requirements of the HOME program and to meet the
requirements of 24 CFR 92.
Executed By:
Ruben
ecutive Director
State of Florida
County of Miami -Dade
Sword and subscribed before me this sbt day of I n
personally known to me X or who produced identification
NOTARY PUBLIC
My Commission Expires:
C31:202,1-1
Date
20 2.L1 by Ruben A. Santana who is
or online notarization_.
mfbaro 610m 2-..ii310(0q
Print Name
Notary PubtlaState of Fforfda
Badmrals,ibefGonlez:Iglestas
My'Commisolon' 'NH 15970-
Explrea 9/6/2025'
•-• •
EXHIBIT C
COMPENSATION AND BUDGET SUMMARY
A. The CITY shall pay the Sub -Recipient as maximum compensation for the services required pursuant
to this Agreement the sum of S10.000.00
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. Durin:g the term hereof and: for a period of five (5) years following the date of the 'last payment,
made hereunder, Community and Economic Development (CED) shall have the right to review 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) calendar days after the:
indebtedness has been incurred.
F. The Sub-Recipientmust submit the .final "request for payment to CED within 30 calendar days
following the .expiration 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 Development of all reports due from the Sub -Recipient as a part of this
Agree ► - e -- n .4' ereto.
i I S I2o2J=i
Ruben antana; Executive Director Date
EXHIBIT C
BG1
BUDGET FORM I
Department of Community Development
(Non -Housing Development Only)
Budget Narrative by Line Item
AGENCY:
Sunshine for All, Inc. FISCAL YEAR:
2023-2024
FUNDING SOURCE: Housing Opportunities for Persons with AIDS (HOPWA)
LINE ITEM
DESCRIPTION
AMOUNT
101
STAFF SALARIES (Per salary budget form)
$
1,123.20
200
STAFF MICA - Gross Salary x 1.45%.
$
16.00
201
STAFF FICA - Gross Salary x 6.2%.
$
69.63
202
STAFF WORKER COMPENSANTION- Gross Salary x
$
45.00
203
STAFF UNEMPLOYMENT
$
572.00
300
GENERAL LIABILITY INSURANCE
301
INTERNET I OFFICE TELEPHONE
$
$
401
501
PRINTING I POSTAGE
LOCAL TRAVEL EXPENSES
497.00
$
$
239.77
196.00
117.32
502
OFFICE SUPPLIES
506
COMPUTER SUPPORT SERVICES
510
PROFESSIONAL SERVICES
511
OFFICE CLEANING & REPAIRS
TOTAL:
$
$
$
$
400.00
647.12
6,005.52
71.44
$ 10,000.00
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
Alan Jimenez
Clerk
**
H
FT
52
52
$ 37,440.00
$ 1,440.00
3.00%
$ 1,123.20
TOTAL:
$1,123.20
Date/Time Generated:
1/9/2024 11:21
CERTIFICATION 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 willbe 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, theundersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3)
The 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 shalt 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. 5. Code. Any person who fails to file therequired' certification shalt be
subject to a.civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Sunshine for All,. Inc.
Name of Applicant
Date
zoZ
City of Miami
STATE OF FLORIDA
The, foregoing instrument was acknpwlOdged :before me by means of X
physical presence or online notarization, this 01X day of by
Ruben A. Santana who is personally,knOWn to Me orwho produced
(name of person whose signaturels'being notarized) OS identification, and who did/did not take an,
oath.
(Type ofidentification)
NOTARY PUBLIC:
tatilital.60mcl igeskit
(Print Name)
My commission expires (411#121)29
SEAL
Notary PubliC State of. Floride,
•Barbirt !tithe! domez:Ighzl,
,My Commission HH 159758
Expires 9/642015,
CERTIFICATION REGARDING :DEBARMENT, SUSPENSION: & OTHER
RESPONSIBILITY MATTERS EXHIBIT IT 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 proposal been: convicted
of or had:a civil judgment rendered against them for commission of fraud
or a criminal offense :in connection with obtaining,attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or
falsification or destruction of records, makingfalse 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 commissionof any of the
offensesenumerated .:i in paragraph 1.b of thiscertification; and
d. Have not within a three-year period preceding this application/proposal
had one ormore 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.
Sunshine for All, ;Inc.
Name of Applicant
Date
City of Miami
STATE OF FLORIDA
The foregoing instrument was acknowledged before: me by Means of X
physical presence or online notarization, this' f411 day of11 1 202.by
Ruben A. Santana who is personally known'to me or whoproduced
(name Of person whose signature is beingnotarized) as identification, and who did/did not take an
oath.
(Type of Identification)
NOTARY PUBLIC:
My commission expires
apt I. 6j0 Mfl 111 eSl a if
(Print Name)
in5
jfjltr;74i
SEAL
Notary Public State of Florida
Barbara Isabel Germ Iglesias
My Commission HH 159758'
Expires :9/6/2025
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: City of Miami
By RUb,-f SJnfOfnd Exe(►u iV& Dir& r
(Print this Individual's name and title)'
for .SUnthir)1Q :.FQyMI, Inc.
(Print name, of entity submitting statements)
whose business address is:1407 SW 22 Street. Miami ; Ft 33145
and whose Federal. Employer Identification Number (FEIN) is 37-1502184
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" asdefined 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 anypublicentity 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. 1 understand that "convicted" or "convection as defined in Paragraph
287.133(1)(b), .Florida Statutes means a finding of guilt .or.a-conviction of a public
entity crime, with or without adjudication of :guilt, in :any federal or state .trial
court of record relating to charges brought by indictment or information after July
1, 1989, as a result. of a Jury verdict, nonjury trial, or :entry of a plea .of guilty or
nolo. contendere.
4. I understand that an "affiliate" as: defined in paragraph 287.133(1)(a), Florida
Statutes, .means:
a. A predecessor or successor of a person convicted" of public, entity crime; or
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime.
The term "affiliate" includes those officers, .directors, executives, partners,
shareholders, employees,, members, and agents who are 'active in the
management of an affiliate. The ownership by one person of shares ,constituting
a controlling interest in another person, or a pooling of .equipment or income
among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person
who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the. preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e),. Florida
Statutesmeans 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 transactsor applies to transact business"
with a public entity. The term "person" includes those officers, executives,:
partners, shareholders, employees,, members, and agents who are active in
management of an entity.
6. Based on information and belief, the :statement which I have marked below is true
in a relation to the entity submitting this sworn statement. (Please indicate which
statement .applies).
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 hasbeen charged with and convicted of a public entity crime withinthe
past 36 months.
The entity submitting this sworn statement, or one, or more of its officers,
directors, executives, partners, shareholders, employees, members, oragents who
are active in the management ofthe :entity; or an affiliateof 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, oragents 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 Officersof the State of :Florida,.
Division of Administrative Hearings and the Final Order by the Hearing: Officer
determined that it: was notin 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 TES Fo'_;:.-._!;Y TWO OF ANY CHANGE IN THE INFORMATION
City of Miami
STATE OF FLORIDA
The foregoing instrument was acknowledged before meby means of X
physical, presence or online notarization, this day:ofI1 nu012024. by
Ruben A. Santana who is personally known to or who produced
(name of person whosesignature is being notarized) a5 identification, and who did/did not take an
oath.
(Type of Identification)
NOTARY PUBLIC:
(Print Name)
My commission expires Q-:110121)2.0
"'!" 1111!
Notary. PubttC State of Ftortda
,Barbara_ isabaI G Mz !pieties
My Commission HH 159758
Expires 9/5/2025
SEAL
ACO ® CERTIFICATE, OF LIABILITY INSURANCE aI785
a`lEi m.
12127/2023.
THIS CERTIFICATEIS'ISSUED AS A MATTER OF INFORMATION ONLYAND
CERTIFICATE -DOES NOTAFFIRMATIVELY.OR NEGATIVELYAMEND, EXTEND
BELOW. THIS CERTIFICATE OF INSURANCE DOES, NOT CONSTITUTEA CONTRACT
REPRESENTATIVE OR PRODUCER,,AND THE,CERTIFICATE HOLDER:
CONFERS NO RIGHTS UPON"THE:CERTIFICATE HOLDER
(*ALTER THE COVERAGEAFFORDED BY THE POLICIES
THIS
BETWEEN THE ISSUING_ 1NSURERR(S), AUTHORIZED
.
IMPORTANT.' If the"certlficate-hoider-Is anADDITIONALINSURED;:the policy(les) must_ have -ADDITIONAL INSURED,provisions or be endorsed:
If SUBROGATION.IS WAIVED, subject to the terms and conditions, of the po icy: certain policies may -require an endorsement. A statement on
this certificate does not confer -rights to the certificate holder In Ileu of such endorsement(s).
PRODUCER
GGA Insurance Group
10689 N:Kendall Drive
'Suite 208 .
Miami FL :33176
CONTACT •Benny Cabrera;
NAME:: "
PHONE , ,(305) 630-4777 Mk. No): (305) 279-3022
. (AM. No: Ert):
- bcabrerat@Iggaig:com
ADDRESS:
- -" , INSURER(S)AFFORDING COVERAGE
'NAIL A'
, INSURER : Lloyds of London -
INSURED
Stinshine,ForAll Inc
1407 SW 22 ST
Miarin FL 33145
INsuRERB, Ascendant'Coinmeftlal Ins. •Inc:
•INSURERC:
'INSURER D : -
: INSURER Et .. _
INSURER F :. -
rclsrrl:rr-erF AtitMRF R CL23122722072
REVISION NUMBER:
THIS.IS TO CERTIFYTHATTHE POLICIES OF•INSURANCE LISTED, BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED.-NOTWITHSTANDINGANY REQUIREMENT, TERM' OR CONDITION OFANY CONTRACT' OR; OTHER DOCUMENTUTATH RESPECTTO-VNfICH THIS
CERTIFICATE MAY BE ISSUED OR MAY -PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED. HEREIN IS'SUBJECTTO.ALLTHE TERMS,
EXCLUSIONS AND CONDMONSOF SUCH POLICIESAIMITS'SHOWN:MAY HAVE BEEN REDUCED BY PAID CLAIMS. _
INSR
LTR
TYPE OF INSURANCE
ADM
LSD
1 , -
wvD
-
POLICYMUMBER .,
-POUCYEFF
(MMIDDIYYYY)
POUCYEXP
(MMIDDIYYYY)°
OMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S• 1,000,000
CLAIMS-MADE.iC OCCUR
D•
TOTENTED50,001)
PREMISES Occurrence)
.S
MED EXP (Anyone person)
=S 5,000
A
: Y
.
ME0183988523
05/04/2023
05/04/2024'
PERSONALaAOVINJURY
$: 1,000,0,00.
-
GEN'LAGGREGATE
UMITAPPUES PER
-
GENERALAGGREGATE
"2 000,000
S' '•
POLICY
PRO
JECT LOC
PRODUCTS-COMPIOPAGG
S' 1,000,000
OTHER:
S
AUTDMOBtLELIABILITY
(CEOM EDSINGLEUMIT
$ Includedin'GL
ANYAUTO
BODILYINJURY(Perperson) ,
'S'
g
—
OWNED
AUTOS ONLY
—
SCHEDULED:
AUTOS
ME0183966523.
'05104/2023
05/04/2024 '
BODILY INJURY (Fier acddent)
-$
!�
HIRED
AUTOS ONLY
!�
NON -OWNED'
AUTOS ONLY
PROPERTY DAMAGE "
(Pereaideni) - ,
S
S.
'
UMBRELLA LIAB
OCCUR
EACHOCCURRENCE
'S•
EXCESS LIAR
CLAIMS -MADE
-AGGREGATE
S.
DEO RETENTION S
-
1WORKERS.COMPENSATION
_ •
%el PER - r OTI—P
STATUTE..l - ER
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERiEXECUTNE
W.N
12/27/2023.
12/27/2024
E.L EACH ACCIDENT __
S: 100,000
B
OFFICEWMEMBEREXCLUDED?•
(Mandatory In NH)
Y
. NIA
-
WC719535
.
EL DISEASE - EA EMPLOYEE'
$ 100,000
be under
DESCRIPTION OF OPERATIONS SEAMS
EL DISEASE - POLICY LIMIT' '
-$ 500,000
A
Professional Liability
-(Claims. Made)
ME0183966523
05/04/2023
05/04/2024 '
Each Claim
Aggregate
Retention
$ 250,00D
$ 756,000
$1,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1st, Additional Remarim Schedule, may be ettaehed Imam spade Is regidrad)
-City of Miami is listed as an Additional Insured with respect to the General Llabi)ity on a Primary and Nori-Contribti(oty Basis when requ lied by written
-contract. -
(Hired/ on -Owned Aiito lncludedPlwithin GL Policy) EXHIBIT-_30 Day -Notice Of Cancellation Aes,
G
CERTIFICATE HOLDER
CANCELLATION
City of Miami
444 SW 2ndAve, •2nd Floor
Miami
.t
FL 33130
ype tethen
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE,WITH THE POLICY PROVISIONS.
AUTHORREDREPRESENTATIVE
ACORD 25 (2016/03)
01988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD