HomeMy WebLinkAbout23032AGREEMENT INFORMATION
AGREEMENT NUMBER
23032
NAME/TYPE OF AGREEMENT
CITRUS HEALTH NETWORK,INC
DESCRIPTION
GRANT AGREEMENT / $177,431.58 IN ESG FUNDING FOR
THE RAPID REHOUSING/ HOMELESS PREVENTION
PROGRAM / MATTER ID:19-3142 / #146
EFFECTIVE DATE
October 1, 2019
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
2/14/2020
DATE RECEIVED FROM
ISSUING DEPT.
3/2/2020
NOTE
Depart anfol
Housing
& Community
Development
Ci y of Mlami
City of Miami
Contract Routing Form
Originating Department: Department of Housing & Community Development —
i Contact Person for this Contract: Monica Galo ; Extension: 1 1976
Contract Analyst Assigned: Ray Louis 1 Contract No: E ,,7225 Fiscal Year: FY 19-20
Agency/Business Name:
Citrus Health Network, Inc. Phone#: (305) 424-3010
Agency Contact:
Mario Jardon j Title:
President & CEO
Email: 1 marioj@citrushealth.com
Describe the Purpose of this Contract: ESG FY 19-20 Contract — Rapid Rehousing / H Tess Prevention
1-771 438. SP __
Reso#: I R-19-0276 ! File ID: 15967
Amount: $
(177,438.59) j Approval Date: ! 7/11/2019
» If this does NOT require Commission Approval, explain:
,—
Contract Start Date:
1 10/1/2019
Contract End Date:
9/30/2020 ; District to Serve:
City-wide
IDIS#:
I Oracle#: I
DII Original Contract I_■ I 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
CDBG-ED — CIP
❑ CDBG-OTHER
❑ HOME
❑x ESG
❑ CDBG-ED -
SPECIAL
❑ HOPWA-LTRA
❑ SHIP
❑ OTHER:
O 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 ❑ OTHER:
Routing
Date
Initials
SENT TO Agency for Contract Execution3
e_
a RECEIVED FROM Agency Already Executed
/ /41
SUBMITTED TO Risk Management
/ (�
a RETURNED FROM Risk Management
a /1,
z SUBMITTED TO the Office of the City Attorney / J _3/
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a RETURNED FROM the Office of the City Attorney �/) 7 ,
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1 l c
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SUBMITTED TO the Office of Management & Budget !
_
— - _
,r/V,` / /7/
a RETURNED FROM the Office of Management & Budget (,k-7
//�3,/Z..-p
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SUBMITTED TO the Office of the City Manager
d ,
a RETURNED FROM the Office of the City Manager
ATTESTED BY the City Clerk •
a RECEIVED BY the Department of Community & ED A
Please attach this Routing Form to all Contracts/A;ii-eL
WRITEitirE
.AME
Prepared by (Contract Analyst):
Entered in System by (Admin Aide):
ents that require execution by the City Manager
Date:
i Date:
TE
VERSION 1.2 - Revised on 7/18/2013 - RT
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT
W6-
DEPT. CONTACT PERSON: Ray Louis EXT. 2169
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Citrus Health Network, Inc.
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS?
TOTAL CONTRACT AMOUNT: $ 177,438.58 FUNDING INVOLVED?
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
El GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE. AGREEMENT
OTHER: (PLEASE SPECIFY):
YES ❑ NO
YES ❑ NO
0 PUBLIC WORKS AGREEMENT
O MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF THE ITEM (BRIEF SUMMARY):
Contract in the amount of $177,438.58 in ESG funding to Citrus Health Network, Inc. for the
implementation of the Rapid Rehousing / Homeless Prevention program . For additional information
please see Resolution attached. /G /41tr,,,ezfz�i, ..: ��✓ 5 � �� �, rvae
dic-If . /),:/'r 7Pn /�1� Yw m G / 1D: / I 7
COMMISSION APPROVAL DATE: 7/11/19 F 5967 " ENACTMENT No.: R-19-02 6
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
5 ` `ROUTINGtINFORMATION:r>:>n=.; - :? `'
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
0 -----"/„",..„./*'....'°.----'.---
George Mensah/Roberto Tazoe
SUBMITTED TO. RISK MANAGEMENT
SUBMITTED TO CITY ATTORNEY
c.% -13J
a
Sandi Bridgeman, CFO
C
APPROVAL BY ASSISTANT CITY MANAGER
APPROVAL BY DEPUTY CITY MANAGER
��,� Zv
'Joseph Nap&
c 7fi\i/D01/4-7
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
ENACTMENT No.: R-19-0276
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT
DEPT. CONTACT PERSON: Ray Louis EXT. 2169
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Citrus Health Network, Inc.
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS?
TOTAL CONTRACT AMOUNT: $ `177,438.59, FUNDING INVOLVED?
TYPE OF AGREEMENT: $17 7j (.133.52
0
0
0
MANAGEMENT AGREEMENT
PROFESSIONAL SERVICES AGREEMENT
GRANT AGREEMENT
EXPERT CONSULTANT AGREEMENT
LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY):
►Z1
❑ 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 $177,438.59 in ESG funding to Citrus Health Network, Inc. for the
implementation of housing support services to house homeless families and those about to become
homeless. The rental assistance for the clients is for a maximum period of 6 months subject to
reevaluation for additional assistance.
COMMISSION APPROVAL DATE: 7/11/19 FILE ID: 5967
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE
ROUTING INFORMATION
Date
Sig ture/Print
APPROVAL BY DEPARTMENTAL DIRECTOR
G e M
h Robe
o Tazo
SUBMITTED TO RISK MANAGEMENT
/2/feV/T
Ann . arie har
ri-4/1)
SUBMITTED TO CITY ATTORNEY
te/ -- -
(A
APPROVAL BY ASSISTANT CITY MANAGER
Sandra Bridgeman, CFO
APPROVAL BY DEPUTY CITY MANAGER
Joseph Napoli
RECEIVED BY CITY MANAGER
Emilio T. Gonzalez, Ph.D
ONE ORIGINAL TO CITY CLERK, ONE COPY TO CITY
ATTORNEY"S OFFICE, REMAINING ORIGINAL(S) TO
DEPARTMENT
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI, FLORIDA
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
EMERGENCY SOLUTIONS GRANT ("ESG") AGREEMENT -
Agreement (hereinafter the "Agreement") is entered into this day of
20A between the City of Miami, a municipal corp ration of the State of
Florida (here' er the "CITY"), & Citrus Health Network, Inc.
a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT").
FUNDING SOURCE: Emergency Solutions Grant ("ESG")
CFDA# (If applicable): ESG-14.231
AMOUNT: $ 177,438.58
TERM OF AGREEMENT: Effective date of this agreement is October 1, 2019
PROJECT NUMBER:
DUNS® NUMBER:
AGENCY'S ADDRESS:
to September 30, 2020
12-272-0287
4175 West 20th Avenue
Hialeah, FL 33012
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 oQROVFo
1
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
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 576:
Agreement Records:
ESG Program:
ESG Requirements:
Department:
Federal Award:
Low -and -Moderate
Income Person:
U.S. HUD or HUD:
Title I of the Housing and Community Development Act of 1974, as
amended.
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 SUBRECIPIENT 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.
Emergency Solutions Grant Program.
The requirements contained in 24 CFR 576, Rule 91 of the Florida
Administrative Code and as established by the City of Miami, Florida.
Department of Housing & Community Development
Any federal funds received by the SUBRECIPIENT from any source
during the period of time in which the SUBRECIPIENT is performing
the obligations set forth in this Agreement.
A member of a low- or moderate -income household whose
income is within specific income levels set forth by U.S. HUD.
The United States Department of Housing and Urban Development.
2
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the City and must be on file with the City prior to
the City's execution of this Agreement:
2.1 The Work Program submitted by the SUBRECIPIENT 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
SUBRECIPIENT. It should specifically describe the activities to be carried out as
a result of the expenditure of the ESG 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 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
SUBRECIPIENT under this Agreement.
2.1.3 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 SUBRECIPIENT 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 SUBRECIPIENT 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.
2.2 The Budget Summary attached hereto as Exhibit "C", including the SUBRECIPIENT's
Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts.
2.3 A list of the SUBRECIPIENT's present officers and members of the Board (names,
addresses and telephone numbers).
2.4 A list of key staff persons (with their titles) who will carry out the Work Program.
2.5 Completion of an Authorized Representative Statement.
2.6 Completion of a Statement of Accounting System.
3
2.7 A copy of the SUBRECIPIENT'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 SUBRECIPIENT's last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 ADA Certification.
2.12 Drug Free Certification.
2.13 All other documents 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, 2019 to September 30, 2020
3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT 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 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 SUBRECIPIENT 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 SUBRECIPIENT
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.
4
ARTICLE IV
FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION. The amount of compensation payable by the CITY to the
SUBRECIPIENT 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 SUBRECIPIENT shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT 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 SUBRECIPIENT at any time during the performance of this Agreement and for a period of
five (5) years after its expiration/termination. The SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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 ESG Program activities, and is also subject
to amendment or termination due to lack of funds or authorization, reduction of funds, and/or
changes in regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT 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 SUBRECIPIENT elects to have a
Program -Specific Audit conducted in accordance with paragraph b) of this
section.
5
b) Program -Specific Audit. When a SUBRECIPIENT 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 SUBRECIPIENT, the SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT 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) 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 SUBRECIPIENT 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",
6
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 SUBRECIPIENT 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
SUBRECIPIENT 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 SUBRECIPIENT shall establish and maintain sufficient records to enable the City to
determine whether the SUBRECIPIENT has met the requirements of the ESG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with ESG funds, including its location (if the activity has a geographical locus),
the amount of ESG funds budgeted, obligated and expended for the activity, and
the specific provision in the ESG Program regulations under which the activity is
eligible.
6.1.2 Records demonstrating that client meet eligibility criteria set forth in the ESG
program.
6.1.3 Equal Opportunity Records containing:
(a) 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
ESG 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.
(b) Documentation of actions undertaken to meet the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended (12
7
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 ESG.
6.1.5 Records required to be maintained in accordance with other applicable laws and
regulations set forth in ESG or as otherwise required by the City.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS.
6.2.1 The Department shall have the authority to review the SUBRECIPIENT'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
SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements of
24 CFR 576. All records and reports required herein shall be retained and made
accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time,
pertaining to public records. The SUBRECIPIENT 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 SUBRECIPIENT shall include in all the Department approved subcontracts
used to engage subcontractors to carry out any eligible substantive project or
programmatic activities, as 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 SUBRECIPIENT 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 City fully, completely and finally resolved.
6.2.4 The SUBRECIPIENT 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 SUBRECIPIENT shall obtain the prior written consent of the Department for
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 SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or
8
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 SUBRECIPIENT receives funds from, or is under regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the SUBRECIPIENT 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 SUBRECIPIENT shall permit the Department and other persons duly
authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of
the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
teinis of this Agreement, and/or interview any clients, employees, subcontractors or assignees of
the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the
SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited
by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT' s justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of
the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's
activities. The CITY will carry out monitoring and evaluation activities, including visits and
observations by CITY staff. The SUBRECIPIENT 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 SUBRECIPIENT is responsible for
appointing memberships. Upon forming the relationship or if already formed, before of at the time
of execution of this Agreement, the SUBRECIPIENT shall report such relationship to the
Department. Any supplemental information shall be promptly reported to the Department. The
SUBRECIPIENT shall report to the Department the name, purpose for and any and all other
relevant information in connection with any related -party transaction.
9
ARTICLE VII
OTHER PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current documentation that its activities are ESG
eligible in accordance with the 24 CFR Part 576 and Subtitle B of Title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371-11378).
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted in whole or in part with ESG funds is an activity which
provides benefit to eligible participants of the ESG Program.
7.3 The SUBRECIPIENT shall comply with all applicable provisions of ESG and shall carry
out each activity in compliance with all applicable federal laws and regulations described therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by
reason of his/her race, sex, color, creed, national origin, age, marital status 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 SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws
and regulations.
7.8 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the
Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and
regulations.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD
Form 4010 incorporated herein as part of this Agreement.
7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT 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."
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all ESG funds disbursed under this Agreement shall be subject to the conditions, restrictions, and
limitations set forth under HUD 24 CFR Part 576 for the Emergency Solutions Grant (ESG)
program authorized by the subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11371-11378).
10
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, as a general rule, ESG assistance may not be used for
religious activities. The SUBRECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts.
7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the City any ESG funds on hand at the time of
expiration/termination and any accounts receivable attributable to the use of ESG funds.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that
remains uncured thirty (30) days after the SUBRECIPIENT'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 SUBRECIPIENT materially 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 IX of this Agreement
7.14 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities.
7.15 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited.
ARTICLE VIII
SUBRECIPIENT CERTIFICATIONS, ASSURANCES,
AND REGULATIONS
8.1 The SUBRECIPIENT certifies that:
(a) The SUBRECIPIENT 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
SUBRECIPIENT'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
SUBRECIPIENT to act in connection with this Agreement and to provide such
information as may be required.
(b) The SUBRECIPIENT shall comply with the Hatch Act, which limits the political
activity of employees.
(c) The SUBRECIPIENT 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 whore they
have family, business, or other ties.
(d) To the best of its knowledge and belief, the SUBRECIPIENT 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;
11
(ii) have not, within a three-year period preceding the date of this Agreement, been
convicted of or had a civil judgment rendered against any of them for the
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction
or a contract under a public transaction; violation of Federal or State antitrust
statutes or falsification or destruction or records, making false statements, or
receiving stolen property;
(iii) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of the
offenses enumerated in this Article VIII; and
(iv) have not, within a three-year period preceding the date if this Agreement, had
one or more public transactions (Federal, State, or local) terminated for cause or
default.
ARTICLE IX
PROGRAM INCOME
2 CFR 200.307
9.1 Program Income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the ESG funds. When Program Income is generated by an
activity that is only partially assisted with the ESG funds, the Program Income shall be prorated to
reflect the percentage of ESG funds used. Program Income generated by ESG funded activities
shall be used only to undertake those activities specifically approved by the City 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 SUBRECIPIENT shall submit to the City monthly a Program Income Report and a Work
Program Status Report. The Program Income Report shall identify ESG activities in which
Program Income was derived and how Program Income has been utilized.
9.2 REPAYMENTS. Any interest or other return on the investment of the ESG funds shall be
remitted to the City on a monthly basis. Any ESG funds funded to the SUBRECIPIENT that do
not meet the eligibility requirements, as applicable, must be repaid to the City.
ARTICLE X
REMEDIES, SUSPENSION, TERMINATION
2 CFR 200.338 and 200.339
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
12 9'.o
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without penalty to the CITY. In that event, notice of termination of this Agreement shall be in
writing to the SUBRECIPIENT, 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
SUBRECIPIENT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made
in accordance with this Agreement to the SUBRECIPIENT shall be made only if the
SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is
in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum
whatsoever.
If the SUBRECIPIENT 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
SUBRECIPIENT, 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 ESG Funds awarded to the
SUBRECIPIENT.
10.1.4 Withhold further ESG grants and/or loans for the SUBRECIPIENT.
10.1.5 Take all such other remedies that may be legally available.
Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply
with any term of this Agreement, the SUBRECIPIENT, 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
SUBRECIPIENT's control, acquired or improved in whole or in part with ESG Funds (including
ESG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion
of the value attributable to expenditures of non-ESG funds for the acquisition of, or improvement
to, the property. The payment is program income to the City.
10.2 SUSPENSION.
10.2.1 The Department may, for reasonable cause, temporarily suspend the
SUBRECIPIENT's operations and authority to obligate funds under this
Agreement or withhold payments to the SUBRECIPIENT pending necessary
corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be
determined by the Department in its sole and absolute discretion, and may include:
(i) Ineffective or improper use of the ESG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to comply with any term or provision of
this Agreement;
(iii) Failure by the SUBRECIPIENT to submit any documents required by this
Agreement; or �Q�ovFo
13 1
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(iv) The SUBRECIPIENT's submittal of incorrect or incomplete documents.
10.2.2 The Department may at any time suspend the SUBRECIPIENT'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 SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for such
action, any conditions relating to the action taken, and the necessary corrective
action(s).
10.3 TERMINATION.
10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive
funds to finance this Agreement from its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24)
hours prior notice in writing to the SUBRECIPIENT. 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 ESG Program, the CITY shall determine, in its sole and
absolute discretion, the availability of funds for the SUBRECIPIENT 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 SUBRECIPIENT is not 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 SUBRECIPIENT to the CITY,
direct or contingent, whether now or hereafter due, existing, created or arising.
10.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, 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.
14
ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1 INDEMNIFICATION. The SUBRECIPIENT 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
SUBRECIPIENT and persons employed or utilized by SUBRECIPIENT in the performance of
this Contract. SUBRECIPIENT 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. 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 SUBRECIPIENT shall,
upon written notice from the City, resist and defend such action or proceeding by counsel
satisfactory to the City. The SUBRECIPIENT expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the SUBRECIPIENT 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 SUBRECIPIENT 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
SUBRECIPIENT, or persons employed or utilized by SUBRECIPIENT.
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 SUBRECIPIENT shall require all Sub -contractor agreements, if applicable, to include a
provision that they will indemnify the City.
The SUBRECIPIENT 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 SUBRECIPIENT in which
the City participated either through review or concurrence of the SUBRECIPIENT's actions. In
reviewing, approving or rejecting any submissions by the SUBRECIPIENT or other acts of the
SUBRECIPIENT, the City in no way assumes or shares any responsibility or liability of the
SUBRECIPIENT OR Sub -Contractor under this Agreement.
11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT
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 SUBRECIPIENT agrees that all documents
4 .0Vi
15
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 SUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the
CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the
prior written consent of the CITY.
11.4 AWARD OF AGREEMENT. The SUBRECIPIENT 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 SUBRECIPIENT pursuant to
this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
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 SUBRECIPIENT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with ESG Program funded
activities has any personal financial interest, direct or indirect, in this Agreement.
The SUBRECIPIENT 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 SUBRECIPIENT or its employees must be disclosed in writing
to the CITY.
11.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami
(City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County
Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24
CFR 576 and agrees that it shall comply in all respects with the terms of the same.
11.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained
within 24 CFR 576.
11.8 PROCUREMENT. The SUBRECIPIENT 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
SUBRECIPIENT 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 ESG 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.
16
11.11 GENERAL CONDITIONS:
11.11.1 All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by in person delivery or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time, upon notice in writing. Such notice
shall be deemed given on the day on which personally served, or, if by mail, on
the fifth day after being posted or the date of actual receipt, whichever is earlier.
CITY OF MIAMI
George Mensah, Director
Department of Housing & Community Development
One Flagler Building
14 NE l st Ave, 2nd Floor
Miami, Florida 33132
SUBRECIPIENT
Citrus Health Network, Inc.
4175 West 20th Avenue
Hialeah, FL 33012
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 SUBRECIPIENT and its employees and agents
shall be deemed to be independent contractors and not agents or employees of the CITY, and shall Quo%
17 4�
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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 SUBRECIPIENT 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 SUBRECIPIENT' 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 SUBRECIPIENT to act in
connection with this Agreement and to provide such information as may be required.
11.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor,
heir or personal representative of the SUBRECIPIENT, 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 SUBRECIPIENT, 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 SUBRECIPIENT Agreement, the
CITY shall require the SUBRECIPIENT to provide final versions of all fmancial, 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 SUBRECIPIENT's possession that was acquired or
improved with ESG funds.
ISS
18
City Manager City Clerk
APPRO
REQ
Ann- arie S arpe
Risk anagement
URANCE
2
Date:
19
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:5'01 vrt 4 Scakr.c. .
Title: C . .
SUBRECIPIENT
Citrus Health Network, Inc.
4175 West 20th Avenue
Hialeah, FL 33012
a Florida not -for -profit corporation
ATTEST:
Date: I Val)/ q Name:
Title: Co
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Corporate Seal:
ATTEST:
Date: \l )(.t15
tT 6r,,^-15 P\SS') Sri^'r
Emili • T Go alez, PhD Date: odd Hannon D te:
'at Lk(V%O
APPROVED AS TO FORM AND
CORRECTNESS:
ictoria endez
City Attorney RFP
Date: k
Citrus Health Network, Inc.
Resolution
To Authorize Contract
Whereas, the Board of Directors desires to respond to the unmet housing needs of
persons in the City of Miami who are homeless or at risk of homeless;
Whereas, the Board of Directors desires to accept ESG funding from the City of Miami:
RESOLVED that we, the members of the Board of Directors of Citrus Health
Network, Inc. do hereby authorize execution of the Agreement between the City
of Miami and Citrus Health Network, Inc. for $177,438.58 to provide ESG funded
services. The contract period will be October 1, 2019 through September 30,
2020. The members of the Board also authorize the President and CEO, Mario
Jardon, Maria Alonso, C.O.O. or Silvia Suarez, C.F.O., and/or the Chair or
Secretary of this Board of Directors to execute this agreement and subsequent
amendments on behalf of Citrus Health Network, Inc. The Board also authorizes
the CEO, the COO, the CFO, Silvia Suarez, Controller and/or Gloria Villa,
Financial Services Administrator, Jose Garcia, Contracts and Grants Manager, to
execute Budget Revision and Payment Requests for said contracts. Program
Administrators are authorized to sign and submit monthly reports.
Certification of Chairperson
I hereby Certify that the above Resolution was adopted on
of Directors at a properly called meeting with a quorum being"prese
..4041
atricia Croysdal
Chair
(need three originals)
by the Board
City of Miami
Legislation
Resolution
Enactment Number: R-19-0276
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 5967 Final Action Date:7/11/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ALLOCATION OF EMERGENCY SOLUTIONS GRANT ("ESG")
FUNDS FOR PROGRAM YEAR 2019-2020 IN THE AMOUNT OF $446,241.00 AND IN
THE AMOUNT OF $22,370.58 FROM THE PREVIOUS YEAR'S UNEXPENDED
FUNDS, FOR A TOTAL AMOUNT OF $468,611.58, AS MORE PARTICULARLY
SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, ALL
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
FOR SAID PURPOSE.
WHEREAS, on May 1, 2019, the United States Department of Housing and Urban
Development ("HUD") announced the final Community Planning and Development Program
Formula Allocations for Program Year 2019-2020, which included an amount of $446,241.00 of
Emergency Solutions Grant ("ESG") funds; and
WHEREAS, there remains an unexpended amount of $22,370.58 from the previous
year's funds; and
WHEREAS, the ESG program guidelines allow for the allocation of funds to continue
supporting the City of Miami's ("City") outreach to and referral services for the chronically
homeless and it requires the City to support homeless prevention and rapid re -housing
activities; and
WHEREAS, the City's Administration recommends allocating the amount of $446,241.00
in ESG funds and the amount of $22,370.58 from the previous year's unexpended funds, for a
total amount of $468,611.58, to the various activities specified in Exhibit "A," attached and
incorporated, for Program Year 2019-2020 beginning October 1, 2019;
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 allocation of ESG funds for Program Year 2019-2020 in the amount of
$446,241.00 and in the amount of $22,370.58 from the previous year's unexpended funds, for a
total amount of $468,611.58, as more particularly specified in Exhibit "A," attached and
incorporated, is authorized.'
Section 3. The City Manager is authorized' to negotiate and execute any and all
documents, all in a form acceptable to the City Attorney, as may be necessary for said purpose.
1 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 City Code
provisions.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
2 if the Mayor does not sign this Resolution, it shall become effective at the end often (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.
Attachment "A"
City of Miami
Department of Housing and Community Development
ESG Allocation FY2019-2020
Agency
Description of Services
ESG Funding
Recommendation
FY2019-2020
Citrus Health Network, Inc.
Rapid Rehousing & Homeless Prevention Program
$ 167,398.58
Citrus Health Network, Inc.
Program Administration
$ 10,040.00
City of Miami - Department of Housing & Community
Development
Program Administration
$ 23,428.00
City of Miami - Department of Human Services - Homeless
Program
Street Outreach
$ 267,745.00
Total: I
$ 468,611.58
EXHIBIT B — Work Program
Emergency Solutions Grant Program
1.. SHORT-TERM/MEDIUM-TERM RENTAL ASSISTANCE PROGRAM 24 CFR 576.106
Program Description:
The Short/Medium-Term rental- assistance program provides temporary financial
assistance services to individuals and families who would be homeless but for this
assistance and provides assistance to rapidly re -house persons who are homeless. This
assistance will allow families and individuals to remain in their existing rental units or to
help them obtain and remain in rental units they select located within City limits. Rental
assistance may be tenant -based or project -based. Initial assistance will be for a period of
up to four (4) months, including last month's rent. However, assistance can be extended
for additional nine (9) months, if participant is able to show progress towards financial
sufficiency. Notwithstanding the financial situation of a household, the maximum length
of time a program participant may receive rental assistance through ESG is 24 months
during any 3-year period, including any payments made towards rental/utility payments in
arrears.
Short -Term rental assistance may not exceed rental costs accrued over a period of
4 months (including last month's rent). After 4 months, if program participants
receiving Short -Term rental assistance need additional financial assistance to
remain housed, they must be evaluated for eligibility to receive up to 3 months of
Medium -Term rental assistance;
ii. Medium -Term rental assistance may not exceed actual rental costs projected over
a period of 4 to 12 months (including last month's rent, if required). If program
participants receiving Medium -Term rental assistance need additional financial
assistance to remain housed, they must be evaluated for eligibility every 3 months
until the maximum assistance allowed under this City program is reached.
Types of Assistance —24 CFR 576.105(1)(2)(3)(4)(5)(6)
ESG funds may be used to pay housing owners, utility companies, and other third parties for
the following costs:
i. Rental Assistance:
a. May be used to pay up to 4 months rental .in arrears for eligible program
participants if the payment enables the program participant to remain in the
housing unit for which the arrears are being paid or move to another unit;
b. No program participant may receive more than 12 months of rental assistance
inclusive of rental in arrears payments;
c. Rental Payments shall follow a subsidy schedule;
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d. Rental payments cannot be made on behalf of eligible individuals or families
for the same period of time and for the same cost types that are being provided
through another federal, state, or local housing subsidy program;
e. ESG requires housing units to. meet BOTH Rent reasonableness standard in
comparison to other similar units in the area and criteria established under the
US Department of Housing and Urban Development (HUD) published Fair
Market Rents (FMRs).
ii. Rental Application fees:
a. ESG funds may pay for rental housing application fee that is charged by the
owner to all applicants.
iii. Last Month's Rent:
a. If necessary to obtain housing for a program participant, the last month's rent
to the owner may be paid from ESG funds at the time the owner is being paid
the security deposit and the first month's rent. This assistance must not exceed
one month's rent and must be included in calculating the program participant's
total rental assistance.
iv. Security and Utility Deposits:
a. Security and utility (electric, water & sewer, and gas) deposits covering the
same period of time in which assistance is being provided through another
housing subsidy program are allowable as long as they cover different
expenditures.
v. Utility Payments:
a. The maximum amount of utility payments (electric, water & sewer, and gas)
that can be paid is the total in arrears accrued (past due months) and any current
month not exceeding 4 months. The maximum for all utilities combined is $500;
b. On a limited basis and dependent on availability of matching sources, these
levels of assistance may be adjusted for households who are homeless and have
no current source of income. Utility- assistance will include not only assistance
with deposits, but also the utility bill for up to 3 months, for a maximum of $150
per month, totaling $450.
c. Household member must have an account in his/her name with the utility
company or proof of responsibility to make utility payments such as canceled
checks or receipts in his/her name from a utility company.
vi. Moving Cost Assistance:
a. Covers reasonable moving costs, such as truck rental, hiring a moving
company, or short-term storage fees for a maximum of 3 months or until the
program participant is in housing, whichever is shorter. A maximum of $500 is
available for this activity.
05
All payments will be made directly to the vendors.
Criteria for Eligibility
Standard policies and procedures for evaluating individual's and families' eligibility for
assistance:
1. Must be residents of the City of Miami;
2. Must have householdincome at or below 30% of area median income (AMI) as
published annually by the US Department of Housing and Urban Development.
However, in the event of Rapid -Re -Housing cases only households with a gross
income at, or below 50% of the area median income in initial entry, can qualify for
assistance (max 3 months, plus last month, and security deposit). These households
(50% AMI or below) will not be eligible for additional assistance at re -certification
if their income is not at or below the 30% of AMI.
3. Case files must include a completed eligibility form and certification (which meets
HUD specifications) that the household meets the eligibility criteria;
4. Records must be kept for each program participant that document: the services and
assistance provided to that program participant; compliance with requirements
under 24 CFR §576.1 01-106, 576.401 (a) and (b), and 576.401 (d) and (e); and,
when applicable, compliance with the termination of assistance requirement in §
576.402;
5. A legally binding, written lease between tenant and landlord is required to receive
ongoing rental assistance;
6. For each individual and family determined ineligible to receive ESG assistance, the
record must include documentation of the reason for that determination;
7. Must be at risk of homelessness due to one or more of the following situations:
a. Has moved frequently because of economic reasons;
b. Is living in the home of another because of economic hardship;
c. Has been notified that their right to occupy their current housing or living
situation will be terminated;
d. Lives in a hotel or motel;
e. Lives in severely overcrowded housing;
f. Is exiting a publicly funded institution.
g. Victims of domestic violence;
h. Homeless under other Federal statutes: Unaccompanied youth under 25 years
of age, or families with children and youth, who do not otherwise qualify as
homeless under this definition.
8. Be certified as eligible by a Case Manager for the program and attend all required
case management appointments.
2. HOUSING RELOCATION AND STABILIZATION SERVICES
Program Description:
3
OVF
PHA.
This program provides for services that assist program participants with housing stability
and placement. These services are limited to the following and may only be provided to
eligible participants receiving Rental Assistance as highlighted above in program #1.
I. Case Management
An initial evaluation is made to determine the eligibility of each individual or
family's eligibility for ESG assistance and the amount and types of assistance the
individual or family needs to regain stability in permanent housing. The following
services are provided by the ESG provider:
a. Refer ineligible households to other agencies for assistance;
b. Refer eligible householdsto other agencies who can provide assistance in
improving the financial situation of the household;
c. Certify households for extensions based on household's actions made towards
financial sufficiency;
d. Refer eligible households for legal services in landlord/tenant disputes and
approve payment of legal expenses, if such legal services attempt to keep the.
tenant in their current housing;
e. Require the program participant to meet with a case manager not less than once
per month to assist the program participant in ensuring long-term housing_
stability; and
f. Develop a plan to assist the program participant to retain permanent housing
after the ESG assistance ends, taking into account all relevant considerations,
such as the program participant's current or expected income and expenses;
other public or private assistance for which the program participant will be
eligible and likely to receive; and the relative affordability of available housing
in the area.
g. If the household is potentially eligible for more than 3 months of assistance
(plus last month — Rapid Re -Housing Cases Only), the case must be scheduled
for reassessment at least two weeks prior to the beginning of the 4th month, and
re -assessment documents will included (1) HUD/HMIS Assessment Form (with
applicable updates); (2) and Updated household Budget; (3) Income Eligibility
Form; (4) Staff Certification of Eligibility for re -assessment; (5) Housing
Stabilization Plan.
Program Services and Deliverables
In compliance with the previously described ESG program requirements, the ESG provider will
provide the following services:
Housing Inspections
Lead Based Paint Standards
Visual assessments are required for ALL units receiving financial assistance if constructed
before 1978, and child under 6 or pregnant woman will live there. If remediation is needed,
follow 24 CFR Part 576.403. ESG provider will coordinate the inspections which will be
completed by trained housing inspectors through subcontracted providers or in-house staff.
4
Habitability Standards
Under ESG, applicable to all financial assistance, including assistance that is limited to
rental arrears in current housing unit must conduct a Habitability inspection. (Inspection
requirements —See Attachment 1)
Rent. Reasonableness
Rents must be the lower of fair market rent as published annually by US Department of
Housing and Urban: Development or the rent reasonableness standard for the apartment.
SUBRECIPIENT will obtain the survey to determine if the rent isreasonable and
comparable to area rents for similar units through subcontracted providers or in-house
staff.
Program Reports
SUBRECIPIENT will complete monthly reports for the City consistent with the reporting
requirements of the U.S. HUD ESG Program.
Program Performance Standards
The City projects that 24 persons will exit homelessness and another 16 persons will
avoid homelessness under the grant. A set of performance standards has been established
to ensure that these projections are met. These standards are as follows:
■ Monitor the number of households assisted who return to shelters after Homelessness
prevention or Rapid Re -housing Assistance is provided. At least 70% of households
will continue to be in stable housing :at least 90 days following the period of
assistance;
• Monitor the number of households that are assisted directly from a shelter;
• Based on need, ensure that 100% of clients are being referred to other appropriate
supportive services in the community;
• Issue payment to program landlords within 14 days of receiving a request for
payment package;
• Leverage programmatic dollars .by ensuring that assisted clients are contributing
towards their recovery from homelessness.
Termination of Assistance-576.402
If a program participant violates program requirements, the SUBRECIPIENT may
terminate the assistance in accordance with a formal process established by the
SUBRECIPIENT that recognizes the rights of individuals affected. The SUBRECIPIENT
must exercise judgment and examine all extenuating circumstances in .determining when
violations warrant termination so that a program participant's assistance is terminated only
in the most severe cases.
Program participants receiving rental assistance or housing relocation and Q�ovFo
stabilization services P'7Y c
C144 /J ithfu/ SUBRECIPIENT], a Florida not -for -profit corporation,
the corporation.
identification.
she is personally known to
Aid-,
Print Notary Public's Nam‘
(SE
F7,,,aY):`•t, NORMAIRIZARRY
MY COMMISSION # GG 096609
EXPIRES: June 26, 2021
4, Notary Public �„ � � Bonded Thru Underwriters
6
r has produced
To terminate rental assistance or housing relocation and stabilization services to a program
participant, the required formal process, at a minimum, must consist of:
• Written notice to the program participant containing a clear statement of the reasons
for termination;
■ : A review of the decision, in which the program participant is given the opportunity to
present written or oral objections before a person other than the person (or a subordinate
of that person) who made or approved the termination decision; and
• Prompt written notice of the. final decision to the program participant.
Ability to provide further assistance
Termination under this section does not bar the SUBRECIPIENT from providing further
assistance at a later date to the same family or individual.
SUBRECIPIENT
Citrus. Health Network, Inca
4175 West 20 Avenue
Hialeah, FL 33012
a Florida not -for -profit corporation
AUTHORIZED REPRESENTATIVE: ATTEST:
Name:S j1,;e Sucre. 0 Date: 19,6,ilq Name: `. S hur,e tire, Date: l b 6�I G
Title: C' . -. a Title: cc, ro -s „ \< Ass •rs .r �r
STATE OF FLORIDA
COUNTY OF /LGf ' /1"A+
The foregoing instrument was acknowledged before me this 2.l / Vnt•_.A t-di s by
Jte*i
"2 , of
on behalf of
as
Attachment 1
Habitability Standards for ESG
Organizations providing rental assistance with ESG funds will be required to conduct initial and
any appropriate follow-up inspections of housing units into which a program participant will be
moving. Following are the habitability standards that grantees must follow:
(a) State and local requirements. Each SUBRECIPIENT under this Notice must ensure that
housing occupied by a family or individual receiving ESG assistance is in compliance with
all applicable state and local housing codes, licensing requirements, and any other
requirements in the jurisdiction in which the housing is located regarding the condition of
the structure and the operation of the housing or services.
(b) Habitability standards. Except for less stringent variations as are proposed by the
RECIPIENT or SUBRECIPIENT and approved by HUD, housing occupied by a family or
individual receiving ESG assistance must meet the following minimum requirements:
(1) Structure and materials: The structures must be structurally sound so as not to pose
any threat to the health and safety of the occupants and so as to protect the residents
from the elements.
(2) Access: The housing must be accessible and capable of being utilized without
unauthorized use of other private properties. Structures must provide alternate means
of egress in case of fire.
(3) Space and security: Each resident must be afforded adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable place
to sleep.
(4) Interior air quality: Every room or space must be provided with natural or mechanical
ventilation. Structures must be free of pollutants in the air at levels that threaten the
health of residents.
(5) Water supply. The water supply must be free from contamination.
(6) Sanitary facilities: Residents must have access to sufficient sanitary facilities that are
in proper operating condition, may be used in privacy, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment: The housing must have adequate heating and/or cooling
facilities in proper operating condition.
(8) Illumination and electricity: The housing must have adequate natural or artificial
illumination to permit normal indoor activities and to support the health and safety
of residents. Sufficient electrical sources must be provided to permit use of essential
electrical appliances while assuring safety from fire.
(9) Food preparation and refuse disposal: All food preparation areas must contain
suitable space and equipment to store, prepare, and serve food in a sanitary manner.
(10) Sanitary condition: The housing and any equipment must be maintained in sanitary
condition.
(11) Fire safety:
(i) Each unit must include at least one battery -operated or hard -wired smoke
detector, in proper working condition, on each occupied level of the unit. Smoke 4
7
detectors must be located, to the extent practicable, in a hallway adjacent to a
bedroom. If the unit is occupied by hearing -impaired persons, smoke detectors must
have an alarm system designed for hearing -impaired persons in each bedroom
occupied by a hearing -impaired person.
(ii) The public areas of all housing must be equipped with a sufficient number, but
not less than one for each area, of battery -operated or hard -wired smoke detectors.
Public areas include, but are not limited to, laundry rooms, community rooms, day
care centers, hallways, stairwells, and other common areas.
EXHIBIT C - Compensation and Budget Summary
Emergency Solutions Grant
A. All payments shall be in the form of reimbursements for program services provided.
SUBRECIPIENT will be paid according to the approved budget submitted to the City
for the specific program. The budget determined for the Emergency Solutions Grant
(ESG) for the funding period beginning October 1, 2019 and ending on September 30,
2020 is as follows:
ESG PROGRAM BUDGET SUMMARY
Description of Services
Total Amount Budgeted
Rapid Rehousing / Homeless Prevention
$167,398.58
Program Administration
$10,040.00
Total ESG Amount Budgeted
$177,438.58
B. The City shall pay SUBRECIPIENT as maximum compensation for the services
required pursuant to this Agreement the sum of $177,438.58
C. Reimbursement shall be provided only for costs associated with the services and
activities detailed in the Work Program (EXHIBIT `B") and as per the program Budget
attached hereto;
D. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
E. At .the time the request is made, all invoices are required to have been paid by the
SUBRECIPIENT. 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 sixty (60) days of submitting each reimbursement request, copies of
the cancelled checks or other City approved documentsevidencing the payments by
the SUBRECIPIENT 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.
EXHIBIT C - Compensation and Budget Summary
Emergency Solutions Grant
F. 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 SUBRECIPIENT pertaining to any payments by the City.
G. The SUBRECIPIENT must submit the request for final payment to the City within
thirty (30) calendar days following the expiration date or termination date of this
Agreement in a form provided by the Department. If the SUBRECIPIENT fails to
comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment
and the City shall not honor any request submitted thereafter.
H. The SUBRECIPIENT must submit a financial close-out to the City within thirty (30)
calendar days following the expiration date or termination date of this Agreement in a
form provided by the Department. This report must include, but is not limited to, a
final performance report, a financial status report, and a final inventory of the property
in the SUBRECIPIENT's possession that was acquired or improved with ESG funds.
Any payment due under this Agreement may be withheld pending the receipt and
approval by the City of all reports due from the SUBRECIPIENT as a part of this
Agreement and any modifications thereto.
AUTHORIZED REPRESENTATIVE:
._fiezth
Name: C (Via Suave
Title: •v
Date: 1 1
SUBRECIPIENT
Citrus Health Network, Inc.
4175 West 20thAvenue
Hialeah, FL.33012
a Florida not -for -profit corporation
119
ATTEST:
Name: 5 Gov Date: (q
Title: C tr4exS
NAME OF AGENCY:
SERVICE PERIOD:
Name of Grant: Emergency Solutions Grant
Total Award Amount: $177,438.58
Rapid Rehousing
Citrus Health Ne
HUD ESG 2019-
Annual
Housing Stabilization
Service Eligibility Coordinator (50% of .5
FTE) 0.5 16750
Case Manager (SSVF) 0.5
Service Eligibility Clerk 0.3 27000
Accounting (40% of .5 FTE) 0.4 45000
Personnel Subtotal
Fringe @21%
Partner Case Managers
Housing Stabilization Subtotal
Tenant -Based Rental Assistance
Rent, utilities, deposits, inspections, rent
surveys
TOTAL RAPID RE -HOUSING
Prevention
Housing Stabilization
Service Eligibility Coordinator (50% of .5
FTE)
0.5 16750
Accounting (60% of .5FTE) 0.5 45000
Personnel Subtotal
Fringe @21%
Partner Case Managers
Housing Stabilization Subtotal
Tenant -Based Rental Assistance
Rent, utilities, deposits, inspections, rent
surveys
TOTAL PREVENTION
Administration
Acct, Occupancy, HR, Admin, Insurance,
Legal, etc. at 10% (CHN Federally
Approved Rate 22.15%)
Total
Total Match
TOTAL PROGRAM
twork, Inc.
20
City of Miami
CHN
Matching Funds
.avr
(Supportive MDC H.Trust
ESG
Services for (Local Dollar
Veterans and from Food and
Families. Beverage Tax)
$ 8,375.00
$ -
$ -
$ 17,500
$ 8,100
$ -
$ 7,200
$ 8,375.00
$ 17,500 $ 15,300
$ 1,758.75
$ 3,675.00 $ 3,213
$ 750.00
$ 1,500
$ 10,883.75
$ 21,175 $ 20,013
$ 70,215.34
$ - $ 58,501
$ 81,099.09
$ 21,175 $ 78,514
$ 8,375.00
$ -
$ 13,500
$ 8,375.00
$ 13,500
$ 1,758.75
$ 2,700
$ 1,000.00
$ - $ -
$ 11,133.75
$ 16,200
•
$ 75,165.74
$ - $ 32,000
$ 86,299.49
$ - $ 48,200
$ 10,040.00
$ 29,549.58
$ 177,438.58
$ 29,549.58
$ 21,175 $ 126,714
$ 177,438.58
$ 354,877.16
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.
( A>Ocea ,Y-rwoAcl
Name of Applicant
clACIve(f • 6
Print name of Certifying Official
ca 10 ohgiz
Signature of Certifying Offici
c H.N-
City of
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this
2014 by
d� .f 04 ti C�IJ
(name of person whose signature is being notarized)
day of /as,
or who produced as identification, and who did/did
(Type of Identification)
not take an oath.
NOTARY PUBLIC:
My commission expire ja--‘,( )`/ )0 11
017 -b7
(Print Name)
SEAL
NORMA IRIZARRY
'�' MY COMMISSION # GG 0966
00
�:1: EXPIRES: Jung, 26, 2021
" . Bondod Thru Notary
-=-�Public Undr;fwrlle(S
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.
A-v s ik1, f v2-rr ucn�l
Applicant/Agency
S%1viC S461/4�� C. r.D.
Print Name of Certifying Official
\ /X, 1
Signature of Certifying Official Date
STATE OF FLORIDA
The foregoing instrument was acknowledged before me this % day of Ahlt9►,...
20 / 4 by
(name of person whose signature is being notarized)
r who produced as identification, and who
(Type of Identification)
Did / did not take an oath.
NOTARY PUBLIC:
My commission expire
(Print Name)
SEAL
:� '' ;<NORMA IRIZARRY
MY COMMISSION # GG 096609
EXPIRES: June 26, 2021
"'4;;;;z:f,‘;`,V Bonded Thru Notary Public Underwriters
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 e ( (AJ
By ru�S ��, c• k• a
(Print this individual's name and title)
for C i-kvt,i> / J - i) u i , ,
Ni'A
(Print name of entity submitting statements)
whose business address is (-MC WeS-t- 2U Ave- � 1.-ea1,and whose Federal Employer Identification Number (FEIN) is S9-1x.5 s (
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 QRovFo
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).
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).
c H.N•
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID . THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE
CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
4,,maAtthe
Signature
City of
STATE OF FLORIDA
Sworn and subscribed before me this )1 day of f(J c. _ , 20 /f by
(441,- G 4./ L who is Personally known
t me Or who produced identification
(Type of Identification)
NOTARY PUBLIC:
My commission expire e4a u, 7A 71
0-1-3440-5(/'0-0-7
(Print Name)
,w! MAIRIZARRY
MY COMMISSION # GG 096609
EXPIRES: June 26, 2021
'%•Y„ ::,• Bonded Tbru Notary Public Underwriters
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 $250,000
Policy Aggregate $250,000
THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE
RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS
MAYBE 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.
303�
ACORD TM CERTIFICATE OF LIABILITY INSURANCE
DATE
05/30/20 9
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 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 rights to the certificate holder in lieu of
such endorsement(s).
PRODUCER
First Florida Insurance Brokers
100 South Ashley Drive, Suite 250
Tampa, FL 33602
CONTACT
NAME: Maggie Boykin or Maegan Tyler
PHONE FAX
(NC,No,, E d). (813) 902-3502 (NC, No): (813) 223-3932
ADDRESS: Maggie.Boyk)n(mltlnsbr.com or Maegan,Tylergeffinsbr.com
PRODUCER
CUSTOMER IDS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED
Citrus Health Network, Inc.
4175 West 20th Avenue
Hialeah, FL 33012
INSURER A:
Lloyds of London - Beazley
INSURER B:
FIT [Markel Global Reinsurance Company]
INSURERc:
FIT [Evanston (Markel)/State National]
INSURER D:
FIT [RSUI Indemnity Corp]
INSURER E:
FIT [Hiscox Insurance Company]
INSURER F:
COVERAGES
CERTIFICATE 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. NOTWITHSTADING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTA N, 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
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER
WVD
POLICY NUMBER
POLICY EFF
(MMIDD/YYYY)
POLICY EXP
(MMIDDIYYYY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
x
W75LZU191001
Claims -Made:
Professional Liability
Abuse/Molestation Liability
Employee Benefits Liability
Retroactive Date: 10/31/2009
6/1/2019
6l1/2020
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTED
PREMISES (Ea Occurrence)
$50,000
CLAIMS -MADE X OCCUR
MED EXP (Any one person)
$5,000
-
GEN
)TIPOLICY
L AGGREGATE LIMIT APPLIES PER:
nPROJECT IT LOC
PERSONAL 8ADV INJURY
$1,000,000
GENERAL AGGREGATE
$3,000,000
PRODUCTS - COMP/OP AGG
$1,000,000
B
AUTOMOBILE
X
-
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
x
FITAU-35759-2019
6/1/2019
6/1/2020
COMBINED SINGLE LIMIT
(Ea accident)
$1,000+000
BODILY INJURY (Per person)
$1,000,000
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
$1,000,000
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N
N/A
FITWC-35759-2019
6/1/2019
6/1/2020
X
WCSTAT
LIMITS
OTHER
E.L. EACH ACCIDENT
$2,000,001)
E.L. DISEASE - EA EMPL
$2,000,000
E.L. DISEASE - POLICY LIMIT
$2,000,000
D
Directors & Officers/Employment
Practices Liability
FITDO-35759-2019
6/1/2019
6/1/2020
Limit of Liability $1,000,000
Fiduciary Liability $100,000
E
Crime
FITCR-35759-2019
6/1/2019
6/1/2020
Employee Theft, In Transit,
Forgery, Computer Fraud $500,000
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required
It is agreed that the undersigned is included as Additional Insured as respects to contracts,
workers compensation on a primary and noncontributory basis. The City of Miami is
Liability out of the operations of the Named Insured. Coverage is afforded for contingent
and contractual exposures.
as required on all policies except
additionally, listed with respect to Auto
ATION
City of Miami
444 SW 2nd Avenue
Miami FL, 33130
ACORD 25 (2009/09)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS (30 DAYS NOTICE).
AUTHORIZED REPRESENTABVE
avice
0 1988-2009 ACORD CORPORATION. A(( rights reserved.