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HomeMy WebLinkAbout23019AGREEMENT INFORMATION AGREEMENT NUMBER 23019 NAME/TYPE OF AGREEMENT CARE RESOURCE DESCRIPTION GRANT AGREEMENT / REVIEW OF CARE RESOURCE,INC STATE OF FLORIDA HOPWA PROGRAM /CONTRACT FOR FY 20 / FILE ID:6375 / R-19-0405 / MATTER ID:20-192 / #72 EFFECTIVE DATE January 1, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/18/2020 DATE RECEIVED FROM ISSUING DEPT. 2/21/2020 NOTE Depar"nl of Housing & Community Development of NJaml City of Miami Contract Routing Form g_ 3017 Originating Department: Department of Housing & Community Development Contact Person for this Contract: Monica Galo Extension: 11976 Contract Analyst Assigned: Ray Louis 1 Contract No: cP,/1% Fiscal Year: ' FY 19-20 Agency/Business Name: Care Resource 1 Phone#: I (305) 576-1234 Agency Contact: 1 Rick Siclari Title: 1 Executive Director I Email: rsiclari@careresource.org Describe the Purpose of this Contract: FY 20 State of Florida HOPWA Program (STRMU/ PHP) Reso#: I R-19-0405 } File ID: ! 6375 Amount: $ 170,000.00 Approval Date: ! 10/24/19 » If this does NOT require Commission Approval, explain: Contract Start Date: 1 1/1/2020 Contract End Date: j 6/30/2020 1 District to Serve: ' County -wide IDIS#: 1 j Oracle#: 1 © 1 Original Contract 1 ■ j Amendment to Existing Contract Contract Type: ❑ CDBG-PS ❑ CDBG-ED — PF&I ❑ HOPWA-P.BASED ❑ OTHER FEDERAL ❑ CDBG-ED—T/A ❑ CDBG-HOUSING ❑ HOPWA-SUPP.SVCS ❑ GENERAL FUND 0 CDBG-ED — CIP CDBG-OTHER HOME ESG ❑ CDBG-ED - SPECIAL ❑ HOPWA-LTRA ❑ SHIP ❑ OTHER: ❑ —' CDBG-ED — FACADE • HOPWA-STRMU ❑ AFF.HSG TRUST FUND Type of Agreement: ❑ GRANT AGREEMENT 0 PROFESSIONALSVCSAGREEMENT 0 EXPERT CONSULTANT AGREEMENT ❑ MEMORANDUM OF UNDERSTANDING 0 LEASE AGREEMENT 0 OTHER: Routing Date ! Initials SENT TO Agency for Contract Execution r _a/ fp C= RECEIVED FROM Agency Already Executed i /' SUBMITTED TO Risk Management I rev (00 ,- a RETURNED FROM Risk Management i / n ' SUBMITTED TO the Office of the City Attorney C= RETURNED FROM the Office of the City Attorney 1 /(( ZU (.1 SUBMITTEDJO the Office of Management & Budget C= RETURNED FROM the Office of Management & Budget j 14 ( ��^*��— SUBMITTED TO the Office of the City Manager -` C= RETURNED FROM the Office of the City Manager ATTESTED BY the City Clerk a RECEIVED BY the Department of Community Please attach this Routing Form to all Contra. Prepared by (Contract Analyst): Entered in System by (Admin Aide): reements that require execution by the City Manager VERSION 1.2 - Revised on 7/18/2013 - RT CITY OF MIAMI DOCUMENT ROUTING FORM LASO ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: Ray Louis EXT. 216b , NAME OF OTHER CONTRACTUAL PARTY/ENTITY: - '� ° c e `' - Inc. S IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROC I'° MENT PROCESS? TOTAL CONTRACT AMOUNT: $ 170,000.00 FUNDING INVOLVED? TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT O PROFESSIONAL SERVICES AGREEMENT GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): ►Zi YES ❑ NO YES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF THE ITEM (BRIEF SUMMARY): - _ Contract in the amount of $170,000.00 in State of Florida HOPWA Program funding to Care Resource I Inc. for the implementation of a STRMU / PHP program. For additional information please see Resolution ( attached.1i;,), %� Lire r 1oi:,t5 _�iiG,a. ,� 79.44 ,i.eZ zezt2 . eta- ice. 'i i e Gy 4'JL4s� y�.� e; jZ. v ° r ' COMMISSION APPROVAL DATE 10/24/19 FILE ID: 5 ENACTMENT No.: R-19-0405 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE '^3�". - F'L?='. :�=EJk��', iy�j'- ~•�-it r - w. �S�f n ROUTING' INFORMATI;OIVy $;- 'Xx=- :;..; �m.,'S:'t=�. ...14�'.d:I�t.a'�S. :}v`:'s�b'r...�:Ri%. ��'� ��`.:.: _,��,•-�^ �r>.S'92 -'S may. Date PLEASE !' ' INT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR t -� - Geo =emu j1' . •; Rob- ° o Ttazoe SUBMITTED TO RISK MANAGEMENT (21 74 /Uln-M r-,rie -1 rp G 6 9 �I-ecse EA-0+% —`rr Cure l`csfrt$ o.G �'h-e edt�-s t�ig2 UBMITTEDTO CITY ATTORNEY APPROVAL BY ASSISTANT CITY M NikGER Sandra B idgeman,„CFO -- APPROVAL BY DEPUTY CITY MANAGER 2- l 1� f .o 7 -Joseph Napoli �; ,�nzQ v` / RECEIVED BY CITY MANAGER Emilio T. Gonzalez, Ph.D 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY"S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI, FLORIDA DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS GRANT (HOPWA) AGREEMENT SHORT TERM RENTAL, MORTGAGE, AND UTILITY ASSISTANCE PROGRAM PERMANENT HOUSING PLACEMENT & INFORMATION SERVICES This Agreement (hereinafter the "Agreement") is entered into this ! ! day of 2020, between the City of Miami, a municipal corporation of the State of ,Care Resource Community Health- Centers, Florida (hereinafter the CITY), & IncorpOrated;.dba Care Resource a Florida not for profit corporation (hereinafter referred to as the SUBCONTRACTOR). FUNDING SOURCE: CFDA# (If applicable): AMOUNT: TERM OF AGREEMENT: PROJECT NUMBER: Housing Opportunities for People with AIDS (HOPWA) — State of Florida Department of Health funds 14.241 $ 117o;goo.00 Effective date of this agreement is January 1, 2020 -1 to •June 30; 2020 DUNS® NUMBER: 829,83=5222 AGENCY'S ADDRESS: . - . • • • Miami, FL 33137 1 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 States with more than 1,500 cumulative AIDS cases (in areas outside the EMSAs) are eligible to receive HOPWA formula grants. The Florida State HOPWA Program administers HUD HOPWA funds through the Department of Health (DOH) in Tallahassee; and WHEREAS, DOH has contracted with the City of Miami to implement the State of Florida HOPWA program in Miami -Dade County; and WHEREAS, the City Commission authorized the City Manager to execute all necessary agreements with the SUBCONTRACTOR for the implementation of the State HOPWA program 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 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 1.2 DEFINED TERMS. 'As used herein the following terms shall mean: 2 Act OR 24 CFR 574: HOPWA Regulations promulgated by HUD for the HOPWA Program, Final Rule, and any changes thereto. Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROJECT SPONSOR AND/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 & Community Development. State Award: HOPWA State funds received by the CITY from any source during the period of time in which the SUBCONTRACTOR is performing the obligations set forth in 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. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Work Program submitted by the SUBCONTRACTOR 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 SUBCONTRACTOR. It should specifically describe the activities to be carried out as a result of the expenditure of HOPWA Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in 3 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 of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBCONTRACTOR under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the SUBCONTRACTOR' s Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBCONTRACTOR's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of the SUBCONTRACTOR's key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUBCONTRACTOR'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 SUBCONTRACTOR's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBCONTRACTOR, certified by the SUBCONTRACTOR'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 documents reasonably required by the CITY. 4 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 -January 1,2020 to i June 30, 2020 ___ 3.3 OBLIGATIONS OF SUBCONTRACTOR. The SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR. 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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. 5 • The modification or addition of any job descriptions. • The purchase of any non -expendable personal property. • The disposition of any real property, expendable personal property or any non - expendable personal property. • Any out-of-town travel not specifically listed in the Itemized Budget. • The use of program income in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. • The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the SUBCONTRACTOR 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 SUBCONTRACTOR shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBCONTRACTOR shall furnish to the CITY original certificates of insurance indicating that the SUBCONTRACTOR is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the SUBCONTRACTOR at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The SUBCONTRACTOR agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the SUBCONTRACTOR 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 SUBCONTRACTOR shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for the State of Florida HOPWA Program 6 activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the SUBCONTRACTOR shall adhere to the following audit requirements: 5.1.1 If the SUBCONTRACTOR expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the SUBCONTRACTOR elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a SUBCONTRACTOR 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 SUBCONTRACTOR, the SUBCONTRACTOR 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 SUBCONTRACTOR has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements of 2 CFR 200.514(d). (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the SUBCONTRACTOR 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 7 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) must state that the audit was conducted in accordance with this 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 moreof 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. 8 ARTICLE VI RECORDS AND REPORTS 6.1 The SUBCONTRACTOR shall establish and maintain sufficient records to enable the CITY to determine whether the SUBCONTRACTOR has met the requirements of the HOPWA Program. At a minimum, the following records shall be maintained by the SUBCONTRACTOR: 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 and that such information is provided in the form required in same. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with HOPWA funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements of 24 CFR 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 SUBCONTRACTOR's records, including project and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the SUBCONTRACTOR at least until the expiration of the Retention Period. The SUBCONTRACTOR shall maintain records sufficient to meet the requirements of 24 CFR 574. All records and reports required herein shall be 9 retained and made accessible as provided thereunder. The SUBCONTRACTOR 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 574.440 pertaining to the confidentiality of program participants. The SUBCONTRACTOR 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. 6.2.2 The SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Work Program for public purposes. 6.3.2 If the SUBCONTRACTOR receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, 10 regulatory examinations, or other similar reports, the SUBCONTRACTOR shall provide a copy of each such report and any follow-up communications and reports to the Depai talent immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The SUBCONTRACTOR shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBCONTRACTOR 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 SUBCONTRACTOR. Following such inspection or interviews, the Department will deliver to the SUBCONTRACTOR a report of its findings. The SUBCONTRACTOR will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Depai tiiient with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUBCONTRACTOR' s justification is acceptable. At the request of the CITY, the SUBCONTRACTOR shall transmit to the CITY written statements of the SUCONTRACTOR's official policies on specified issues relating to the SUBCONTRACTOR's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The SUBCONTRACTOR 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 SUBCONTRACTOR is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the SUBCONTRACTOR 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 naive, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The SUBCONTRACTOR shall submit to the CITY, on a quarterly basis, a Work Program Status Report. 11 ARTICLE VII OTHER HOPWA PROGRAM REQUIREMENTS 7.1 The SUBCONTRACTOR shall maintain current documentation that its activities are HOPWA eligible in accordance with 24 CFR Part 574. 7.2 The SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR shall cooperate with the Depaitiiient in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 The SUBCONTRACTOR shall, to the greatest possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The SUBCONTRACTOR shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBCONTRACTOR agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBCONTRACTOR shall carry out its Work Program in compliance with all federal laws and regulations. 7.8 The SUBCONTRACTOR 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 SUBCONTRACTOR shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBCONTRACTOR is or was created by a religious organization, the SUBCONTRACTOR agrees that all HOPWA funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 574. 12 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 SUBCONTRACTOR shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBCONTRACTOR 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 SUBCONTRACTOR materially fails to comply with any term of this Agreement, the SUBCONTRACTOR, 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 SUBCONTRACTOR's control, acquired or improved in whole or in part with HOPWA Funds (including HOPWA Funds provided to the SUBCONTRACTOR 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, 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 SUBCONTRACTOR's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBCONTRACTOR fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The SUBCONTRACTOR shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and 13 subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The SUBCONTRACTOR shall incorporate in all consultant subcontracts the following provision: "The PROJECT SPONSOR AND/OR SUBCONTRACTOR 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 AND/OR SUBCONTRACTOR. 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 SUBCONTRACTOR shall be responsible for monitoring the contractual performance of all the SUBCONTRACTOR's subcontracts. 7.13.4 The SUBCONTRACTOR shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation. shall be obtained prior to the release of any funds for the SUBCONTRACTOR's Subcontractor(s). 7.13.5 The SUBCONTRACTOR shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits' or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The SUBCONTRACTOR 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. 14 ARTICLE VIII SUBCONTRACTOR CERTIFICATIONS, ASSURANCES, AND REGULATIONS. The SUBCONTRACTOR certifies that: (a) The SUBCONTRACTOR 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 SUBCONTRACTOR'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 SUBCONTRACTOR to act in connection with this Agreement and to provide such information as may be required. (b) The SUBCONTRACTOR shall comply with the Hatch Act, which limits the political activity of employees. (c) The SUBCONTRACTOR shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the SUBCONTRACTOR and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. 15 ARTICLE IX PROGRAM INCOME 2 CFR 200.307 9.1 Program income means gross income received by the SUBCONTRACTOR which has 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 program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY. The SUBCONTRACTOR shall submit to the CITY, if applicable, a Program Income Report on a quarterly basis. The Program Income Report shall identify HOPWA 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 HOPWA funds shall be remitted to the CITY on a monthly basis. Any HOPWA funds funded to the SUBCONTRACTOR that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBCONTRACTOR, 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 SUBCONTRACTOR an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBCONTRACTOR that any payment made in accordance with this Agreement to the SUBCONTRACTOR shall be made only if the SUBCONTRACTOR is not in default under the terms of this Agreement. If the SUBCONTRACTOR is in default, the CITY shall not be obligated and shall not pay to the SUBCONTRACTOR any sum whatsoever. 16 If the SUBCONTRACTOR 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 SUBCONTRACTOR, 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 HOPWA funds awarded to the SUBCONTRACTOR. 10.1.4 Withhold further grants and/or loans for the SUBCONTRACTOR. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause temporarily suspend the SUBCONTRACTOR's operations and authority to obligate funds under this Agreement or withhold payments to the SUBCONTRACTOR pending necessary corrective action by the SUBCONTRACTOR. 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 SUBCONTRACTOR; (ii) Failure by the SUBCONTRACTOR to comply with any term or provision of this Agreement; (iii) Failure by the SUBCONTRACTOR to submit any documents required by this Agreement; or (iv) The SUBCONTRACTOR's submittal of incorrect or incomplete • documents. 10.2.2 The Department may at any time suspend the SUBCONTRACTOR's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the SUBCONTRACTOR 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). 17 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBCONTRACTOR. 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 SUBCONTRACTOR 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 SUBCONTRACTOR is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBCONTRACTOR to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the SUBCONTRACTOR's breach is waived by the Department in writing, the Department may, by written notice to the SUBCONTRACTOR, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not 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 SUBCONTRACTOR shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of SUBCONTRACTOR and persons employed or utilized by the SUBCONTRACTOR in the 18 performance of this Contract. SUBCONTRACTOR 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 SUBCONTRACTOR shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The SUBCONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the SUBCONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the SUBCONTRACTOR to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the SUBCONTRACTOR, or persons employed or utilized by SUBCONTRACTOR. 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 SUBCONTRACTOR shall require all Sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The SUBCONTRACTOR agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the RECIPIENT in which the City participated either through review or concurrence of the SUBCONTRACTOR's actions. In reviewing, approving or rejecting any submissions by the SUBCONTRACTOR or other acts of the SUBCONTRACTOR, the City in no way assumes or shares any responsibility or liability of the SUBCONTRACTOR or its subcontractors under this Agreements. 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 Depailiiient in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUBCONTRACTOR for any other purpose whatsoever without the prior written consent of the CITY. 19 11.4 AWARD OF AGREEMENT. The SUBCONTRACTOR warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the SUBCONTRACTOR pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The SUBCONTRACTOR 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 SUBCONTRACTOR 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 SUBCONTRACTOR or its employees must be disclosed in writing to the CITY. 11.7.2 The SUBCONTRACTOR is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.7.3 In all other cases, the SUBCONTRACTOR shall comply with the standards contained within 24 CFR 574.625. 11.8 PROCUREMENT. The SUBCONTRACTOR 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 SUBCONTRACTOR 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 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 may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by 20 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 & Community Development One Flagler Building 14 NE 1st Ave, 2nd Floor Miami, Florida 33132 SUBCONTRACTOR Care Resource 3510 Biscayne Blvd Miami, FL 33137 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.12 INDEPENDENT CONTRACTOR. The SUBCONTRACTOR and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, 21 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 SUBCONTRACTOR CERTIFICATION. The SUBCONTRACTOR 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 SUBCONTRACTOR'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 SUBCONTRACTOR to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the SUBCONTRACTOR, nor any assignee, successor, heir or personal representative of the SUBCONTRACTOR, 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 SUBCONTRACTOR, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the SUBCONTRACTOR Agreement, the CITY shall require the SUBCONTRACTOR to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: • A final performance or progress report. ■ A financial status report (including all program income). ■ A final request for payment. ■ A final inventory of property in the SUBCONTRACTOR's possession that was acquired or improved with HOPWA funds. 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: Name: Rick Title: Chief i ive Officer CITY OF MIAMI, a municipal Corporation of the State of Florida Emilio Gonzalez, Ph ate: City APPRO REQU Ann-Maye Sh ; rpe Risk Manage -nt RANCE / 2,1 /71-• Date: PROJECT SPONSOR Care Resource 3510 Biscayne Blvd Miami, Florida 33137 a Florida not -for -profit corporation ATTEST: Name: Hudes Des Title: Chief Development Officer Corporate Seal: ATTEST: Todd B. Hannon. City Clerk CAA, yz3/20 rameaux Da �; .. Date: 11 Q(.4 APPROVED AS TO FORM AND CORRECTNESS: Cr-A) ctoria M dez City Attorney RFa .#zv Date: 23 RESOLUTION NOW BE IT RESOLVED THAT the Board of Directors authorizes the approval of an agreement with the City of Miami for the period of January 1, 2020 through June 30, 2020 and authorizes Rick Siclari, Chief Executive Officer (Phone: 305-576-1234 ext. 206, Fax: 305-571-2020, E-Mail: rsiclariacareresource.org) to execute this agreement for Care Resource in the following amount, as may be amended: City of Miami — HOPWA $170,000 FURTHERMORE, the Board of Directors directs its officers and employees to perform all Care Resource Community Health Centers, Inc., d/b/a Care Resource's obligations and undertakings under the agreement. This resolution was duly adopted by the Care Resource Board of Directors, who approved this resolution at their Executive Committee Board meeting on Thursday, January 16, 2020, at which a quorum was present. Signed By: =�2 Name: R u ge// coY'bett- Position: PRe5i'devilyCi-lar. R Care Resource Community Health Centers, Inc., d/b/a Care Resource Attest By: e: 3.4r osition: �• e: � 4i A- /3�cic„' /1�'•� 7io�•�ti Care Resource Community Health Centers, Inc., d/b/a Care Resource /' ,Cox n'orate Seal: ^� ��_ - City of Miami Legislation Resolution Enactment Number: R-19-0405 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6375 Final Action Date:10/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF STATE OF FLORIDA HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $947,477.60 FOR FISCAL YEAR 2019-2020 FOR THE PURPOSE OF IMPLEMENTING PROGRAMS THAT HELP SUSTAIN OR TRANSITION INDIVIDUALS AND FAMILIES TO STABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE. WHEREAS, the State of Florida ("State") Housing Opportunities for Persons with AIDS ("HOPWA") program was created to prevent the condition of homelessness from occurring to individuals and families living with HIV/AIDS, to transition individuals and families back into stable housing as soon as possible, and to create a strategy for long-term housing stability for persons living with HIV/AIDS; and WHEREAS, on August 1, 2019, the Department of Housing and Community Development was informed by the State HOPWA program of the allocation of the HOPWA program funds in an amount not to exceed $947,477.60; and WHEREAS, the HOPWA program funds are provided for the purpose of implementing programs that help sustain or transition individuals and families to stable housing in Miami -Dade County; and WHEREAS, the City of Miami Administration recommends accepting the Florida State HOPWA program funds in an amount not to exceed $947,477.60 for Fiscal Year 2019-2020: NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The acceptance of State HOPWA program funds in an amount not to exceed $947,477.60 for Fiscal Year 2019-2020 for the purpose of implementing programs that help sustain or transition individuals and families to stable housing is authorized.' Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: is ndez, ity ttor 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. CITY OF MIAMI DEPARTMENT -OF HOUSING AND COMMUNITY DEVELOPMENT ATTACHMENT "A" Agencies!Department Description of Services FS HOPWA funds PY:2019-2020 City of Miami - Department of Housing and Community Development Administration $66,323:00 City of Miami - Department of Housing and Community Development STRMU and Permanent Housing Placement Payments $711,154.60 Community AIDS Resource Inc. Housing Specialist and HQS Inspection Services $150,000.00 Community AIDS Resource Inc. Housing Information Services $20,000.00 Total FS HOPWA funds PY:2019.20 $947,477.60 EXHIBIT B WORK PROGRAM SHORT TERM RENTAL MORTGAGE AND UTILITY ASSISTANCE (STRMU) & PERMANENT HOUSING PLACEMENT (PHP) PROGRAM The responsibilities described herein are more specifically described in The Florida State HOPWA Program: Policies and Procedures Manual, and governed by, the City of Miami Housing Opportunities for Persons with AIDS ("HOPWA ") Policies and Procedures Manual and HOPWA Program Directives (incorporated herein by reference and jointly referred to herein as the HOPWA Policies and Procedures Manual). Housing Specialist Services: 1. The PROJECT SPONSOR will provide Housing Case Management and Inspection Services that comprises rental, mortgage and/or utility (except telephone) assistance for need -based housing assistance to prevent homelessness. The PROJECT SPONSOR will increase housing stability for applicants experiencing a financial crisis as a result of issues arising from their HIV or AIDS condition. STRMU temporary assistance is only available to applicants with a current place of residence, evidenced by a lease or mortgage upon which they are named. Assisted applicants and members of their households are expected to achieve housing stability when their STRMU assistance is utilized together with other efforts, including access to health care services, case management, benefits counseling, and employment or vocational services to stabilize assisted households at the end of housing assistance. The PROJECT SPONSOR will also evaluate applicants for Permanent Housing Placement (PHP) eligibility. Eligible PHP service costs include first month's rent and last month's rent, security deposit, one-time utility connection fees and processing costs (utility deposits including water and electricity). Assistance for STRMU may be provided to an eligible applicant, for a period of up to, but not more than, 21 weeks in any 52-week period. Assistance for PHP services may be provided one time within any 52-week period. Said services shall be performed in strict accordance with policies and procedures set forth in the Florida State HOPWA Program: Policies and Procedures Manual. 2. The PROJECT SPONSOR will certify that the applicant is eligible to receive STRMU assistance by meeting the following criteria: a. Diagnosed with HIV or AIDS; b. Low income, meaning having a household income that does not exceed 80% of median income; c. Currently housed and currently named on a lease/mortgage (he or she may not be homeless, i.e. not living on the streets, emergency shelter, transitional housing or temporarily living with friends or family); d. At -risk of homelessness; e. Not carrying a housing burden beyond the STRMU Program Standard; f. Not in foreclosure proceedings; g. Not receiving housing assistance from another source; h. Has citizenship or lawful immigration status; and i. Not otherwise precluded from participation due to criminal history or prior termination from the HOPWA Program in less than 5 years from date of application. 3. The PROJECT SPONSOR must certify that the applicant's proof of income includes on- going source(s) of monthly income sufficient to meet rent or mortgage obligation, and utility payments as determined under the Housing Stability Plan. 4. The PROJECT SPONSOR must determine that the applicant is a named tenant on a valid lease or the owner of a mortgaged dwelling in which they reside. The PROJECT SPONSOR will collect documents proving that the applicant has a legal right to occupy the dwelling being assisted, or has the responsibility for the utility payment. 5. The PROJECT SPONSOR must record and document proof that the applicant has or is experiencing circumstance(s) beyond their control that has resulted in an inability to meet rent, mortgage, and/or utility obligations in spite of ongoing income source(s). The applicant must demonstrate that they don't have the resources to meet rent, mortgage, or utility payments, and in the absence of STRMU assistance, they would be at risk of homelessness. 6. The PROJECT SPONSOR ensures that for PHP, that they record and document that the applicant has insufficient resources to meet their obligations to establish their permanent housing placement. Such document must include at a minimum the Landlord Statement Form, W9 from the landlord, all utility bills including requested security deposits. Additional PHP documents for eligibility for a waiver within the 52-week window, the applicant must provide Notice of Foreclosure (if applicable), police report regarding domestic violence, and fire station report showing that the residence is inhabitable 7. The PROJECT SPONSOR must maintain a minimum number of HOPWA Housing Specialists as necessary to provide services throughout the contract term. Submit a list of Housing Specialists to the City and fill any vacancy that should arise during the contract term, the PROJECT SPONSOR must refill the position within 30 days of the date of vacancy, update the list, and submit it to the City within 30 days of the date the vacancy is filled. 8. The PROJECT SPONSOR ensures the HOPWA Housing Specialists complete the CAREWare User Training within 15 days of hire. The PROJECT SPONSOR will submit the certificate as proof of the successful completion of the CAREWare training. 9. The PROJECT SPONSOR provide the most up-to-date list of housing assistance resources to all clients each month in a minimum of one of the following methods: pamphlet, posted on a bulletin in view of client, posted on Provider's website, or another method approved by the City. Submit by email the current list of housing assistance resources and method used to communicate to clients to the City on a quarterly basis. 10. Upload the following forms into CAREWare for all HOPWA eligible clients each month being reported: a. Consent to Release Information; b. Notice of Eligibility (NOE); c. Memorandum of Understanding for Confidentiality of Client Information; d. Plan Participation Agreement; e. Participant Right and Responsibilities; f. Income Eligibility Calculation Worksheet; g. Verification of No Income, if applicable; h. Florida HOPWA Program Checklist; i. Application Form of Housing Assistance; j. Client Budget Worksheet; k. Housing Plan of Care; 1. Worksheet for Calculating the Maximum Subsidy for Resident; m. Landlord Statement, if applicable; n. Security Deposit Agreement, if applicable; o. Client Agreement for Return of Security Deposit, if applicable; p. Client Housing and Support Service Payment Assistance Worksheet; q. Rent Reasonableness Checklist and Certification, if applicable; r. Disallowance of Increase in Annual Income (Earned Income Disregard), if applicable; s. HOPWA Housing Quality Standards (HQS) Habitability Standards, if applicable; t. Termination of Assistance Letter, if applicable; and u. Participant Conference/Termination Checklist, if applicable. SIGNED: Project S igna re: Printed Name: Rick Siclari Title: Chief Executive Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE 1/.5b° Date The foregoing instrument was acknowledged before me by means a tysical presence or 0 online notarization, this 23Y'hay of� , 2020 by ( ck . S /< Fc //A •' -U , (Title) of Care Resource, Inc.. a Florida not -for -profit corporation, on behalf of the corporation. He/she is personally known pegOlf`ek_ t� (SEAL): as identification. ; ),Si?7e%, . Awilda Gomez -Lopez =r4' ,� '`'P- Commission # GG091678 =�` Expires: April 9 2021 P ,;,�Fo�o°e�' Bonded thru Aaron Notary e or has produced EXHIBIT C COMPENSATION AND BUDGET SUMMARY SHORT TERM RENTAL MORTGAGE AND UTILITY ASSISTANCE PROGRAM A. The maximum compensation under this Agreement shall be $170,000.00 STATE HOPWA PROGRAM BUDGET SUMMARY Description of Services Total Amount Budgeted Housing Specialist and HQS Inspection Services $150,000.00 Housing Information Services $20,000.00 Total Amount Budgeted $170,000.00 B. PROJECT SPONSOR's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this contract. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (EXHIBIT B) and Program Budget. Each written request for payment shall contain a statement declaring and affirming that services were provided accurately and for certified program participants and in accordance with the approved Scope of Work and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. D. At the time the request is made, all invoices are required to be paid by the PROJECT SPONSOR. All reimbursements must be in line -item form and in accord with this Agreement. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the cancelled checks or other City approved documents evidencing the payments by the PROJECT SPONSOR for which reimbursement was requested shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. E. During the term hereof and for a period of five (5) years following the date of the payment made hereunder, the CITY shall have the right to review and audit the related records of the PROJECT SPONSOR pertaining to any payments by the CITY. F. The PROJECT SPONSOR must submit the request for final payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the Depailiiient. If the PROJECT SPONSOR fails to comply with this requirement, the PROJECT SPONSOR shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. G. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the PROJECT SPONSOR as a part of this Agreement and any modifications thereto. SIGNED: 1 Project Spon4s igtatuy4: Printed Name: Rick Siclari Title: Chief Executive Officer IM/Z Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged bye me by means of ❑ physical presence or ❑ online notarization, this 23"day of , 2020 by (L - S i ��c4ii C• E. v (Title) of Care Resource, Inc.. a Florida not -for -profit corporation, on behalf of the corporation. He/sh: is personally known to r or has produced rs�l� \C-r ) as identification. Awilda Gomez -Lopez Commission # GG09167p Expires: April 9, 202 Bonded thru Aaron Nota Notary BUDGET FORM I AGENCY: PERIOD FUNDING SOURCE ITEM TBH Employee 1 TBH Employee 2 TBH Employee 3 Medicaid Medicare State Unemp Worker's Comp Long Term Short Term Health Ins Basic Term Life/Add 401 (k) ER Match 401(k) ER Contrib Local Travel Reimbursement Equipment Office Supplies Program Supplies Cell Phones Rent Furniture CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM Care Resource Community Health Care Centers. Inc. 01/01/20-06/30/20 State of Florida HOPWA Program DESCRIPTION Housing Specialist 1 Housing Specialist 2 Housing Specialist 3 6.20% of gross wages 1.45% of gross wages 2.64% of first $7,000 in gross wages .248% of gross wages .44% of gross wages .68% of gross wages Employer paid portion of employee 1.74% of gross wages Up to 3% of gross wages 2% contribution after 1 yr of service Local Travel Reimbursement Equipment Office Supplies Program Supplies Cell Phones Rent Furniture AMOUNT 28,250 28,250 28,250 5,255 1,229 2,237 210 373 576 12,258 1,475 2,543 1,695 4,000 7,400 5,000 5,000 1,000 14,500 500 Total $150,000 Budget Form II CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT (NON -HOUSING DEVELOPMENT ONLY) STAFF SALARY FORECAST AGENCY: Care Resource Community Health Care Centers. Inc. PERIOD COVERING: 01/01/2020-06/30/2020 Employee Name Position Title Social Security Ethnicity Type of Employee Pt/Ft Period Budgeted Pay Period Annual. Gross Salary Total Salary Per Pay Period Percent of Salary Charged to City Total Amount Charged to City TBH Housing Specialist TBH Housing Specialist FT 6 FT 6 13 - 56,500 13 56,500 2,173 100% 2,173 100% 28,250 28,250 TBH Housing Specialist FT 6 13 56,500 2,173 100% 28,250 tr 4 BUDGET FORM I AGENCY: PERIOD FUNDING SOURCE ITEM Advertising CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM Care Resource Community Health Care Centers. Inc. 01/01/20-06/30/20 State of Florida HOPWA Program DESCRIPTION Program Advertising for HOPWA STRMU PHP AMOUNT $ 20,000 Total $20,000 Exhibit D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre- requisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Care Resource Name of Applicant Rick Siclari Print name o ng Official Signature • ` Ce" ying Official 1/9-al 2° Date City of STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of or 0 online notarization, this e3(d'clay of s / d o , (Title) of hysical presence 2020 by a Florida not -for - profit corporation, on behalf of the corporation. He/she i personally known to me o has produced ySD leA ,-DJ as identification. My commission expires Q-A�o�c2� (c1),\ \L. Gorve-3--- Print Name) " �'pY// Awilda Gomez -Lopez °�•'' e Commission # GG091678 Epos: April 9, 2021 ;Bonded thru Aaron Notary Exhibit E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. The applicant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. Care Resource Applicant/Agency Rick Siclari Print Name of Signature of Ce, ng Official fying Official Date oo hi)01-teL City of STATE OF FLORIDA The foregoing instrument was acknowledged before me by means o hysical presence or;� 0 online notarization, this ✓Lday of C.(C- S U0vt , (Title) of C r 2020 by a Florida not -for - profit corporation, on behalf of the corporation. He/she i personally known to or has produced QCJJofr4y 16Pek en/ NOT " P IC: commission expires C-i- as identification. (Print Name) ,011%, Awilda Gomez -Lopez SEAL Commission p991678 E _r ,2021 rv: '' Bonded thru Aaron Notary Exhibit F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami By Rick Siclari, Chief Executive Officer (Print this individual's name and title) for Care Resource (Print name of entity submitting statements) whose business address is 3510 Biscayne Blvd. Miami, FL 33137 and whose Federal Employer Identification Number (FEIN) is 59-2564198 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CO TAINED IN THIS FORM. Signature City ofQ STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of ysical presence or 0 online notarization, this ay of v , 2020 by 4?,( CPC_, S/ (Jk - , (Title) of C- C a Florida not -for - profit corporation, on behalf of the corporation. He/sh is personally known to e or has produced V(�e l c� Cs_ as identification. My commission expires4 (Print Name)> 40.0i.,,, Awilda Gomez -Lopez `'�= Commission # GG091678 Expires: April 9, 2021 Qs °4' Bonded thru Aaron Notary nmm Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR COMMUNITY DEVELOPMENT I. Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Products/Completed Operations $300,000 Personal and Advertising Injury $300,000 B. Endorsements Required City of Miami included listed as additional insured (endorsement Required) Explosion, Collapse, & Underground Hazard (If Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250,000 $250,000 THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. g3o(f CARERESOI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)1124/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bouchard Insurance Inc. 101 N Starcrest Dr. Clearwater, FL 33765 727 447-6481 CONTACT NAME: PHONE727 447-6481 FAx 727 449-1267 (AIC, No, Ext): (AIC, No): ADDRESS: cicerts@bouchardinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Markel Global Reinsurance Company 10829 INSURED Care Resource Community Health Centers 3510 Biscayne Blvd #300 Miami, FL 33137 INSURER B : Bridgefield Employers Ins Co 10701 INSURER C : INSURER D : INSURER E : INSURER F : ICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSR TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y FITGL336772019 06/01/2019 06/01/2020 EACH OCCURRENCE $1,000,000 $1,000,000 PREMISESO(EaoccuPnce) CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO - JECT PER: LOC PRODUCTS - COMP/OP AGG $3,000,000 $ A AUTOMOBILE X _ X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON•OWNED AUTOS ONLY Y Y FITAU336772019 06/01/2019 06/01/2020 (Ee aBcideDtSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A x UMBRELLA LIAB EXCESS LIAB _ X OCCUR CLAIMS -MADE FITXS336772019 06/01/2019 06/01/2020 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N y N / A 83055592 06/01/2019 06/01/2020 X STATUTE EORH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A A Professional Liab Abuse/Molestation FITGL336772019 FITGL336772019 06/01/2019 06/01/2019 06/01/2020 06/01/2020 $1,000,000/$3,000,000 $1,000,000/$3,000,000 Retro Date: 04/26/1996 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an additional insured with respect to general liability including ongoing and completed operations, where required by written contract and subject to the terms, conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION City of Miami Department of Housing & Community Development 14 NE 1st Ave. 2nd floor Miami, FL 33132-0000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) 1 of 1 #S1211993/M1118510 © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHECA