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HomeMy WebLinkAbout23451AGREEMENT INFORMATION AGREEMENT NUMBER 23451 NAME/TYPE OF AGREEMENT SUNSHINE FOR ALL INC. DESCRIPTION IMPLEMENTATION AGREEMENT/EMERGENCY RENTAL ASSISTANCE PROGRAM/FILE ID:8549/R-21-0065/MATTER I D:21-522/664/#18 EFFECTIVE DATE ATTESTED BY NICOLE EWAN ATTESTED DATE 8/6/2021 DATE RECEIVED FROM ISSUING DEPT. NOTE 345� CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT EMERGENCY RENTAL ASSISTANCE (ERA) PROGRAM IMPLEMENTATION AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this day of , 2021, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the CITY), & SUNSHINE FOR ALL, INC. a Florida not for profit corporation (hereinafter referred to as the PROVIDER). FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): AMOUNT: $ 100;000.00 TERM OF AGREEMENT: See Section 3.2 PROJECT NUMBER: DUNS® NUMBER: AGENCY'S ADDRESS: 874693315 1407 SW 22 STREET MIAMI, FL 33145 1 WITNESSETH WHEREAS, the Emergency Rental Assistance (ERA) Program was established by section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (the "Act"), and by City of Miami's City Commission through Resolution No. 21-0065 with funding from the United States Department of the Treasury ("Resolution No. 21-0065"); and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROVIDER for the implementation of the City's ERA Program to provide rental and utility relief to residents who have negatively been affected by the coronavirus pandemic; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Scope of Services Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements Exhibit H Administrative Plan: Emergency Rental Assistance Program 1.2 DEFINED TERMS. As used herein the following terms shall mean: ERA Funds: The $100,000.00 paid to PROVIDER in exchange for PROVIDER completing the activities described in the Scope of Services set forth in Exhibit B. 2 Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROVIDER or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings,, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Department of Housing & Community Development. Federal Award: Any federal funds received by the PROVIDER from any source during the period of time in which the PROVIDER is performing the obligations set forth in this Agreement. ERA Program: City's Emergency Rental Assistance Program as established by section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (the "Act"), and by City of Miami's City Commission through Resolution No. 21-0065 with funding from the United States Department of the Treasury Low -and -Moderate A member of a low- or moderate -income household whose Income Person: income is within specific income levels set forth by U.S. HUD. Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Scope of Services submitted by the PROVIDER 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 PROVIDER. It should specifically describe the activities to be carried out as a result of the expenditure of ERA Funds. Where appropriate it shouldlist measurable objectives, define the who, what, where and when of the services and/or 3 project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Services. 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 PROVIDER under this Agreement. 2.2 The Budget Summary attached hereto as. Exhibit "C", including the PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROVIDER'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 PROVIDER's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by the PROVIDER's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the ERA program under 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of the requirements contained under the Act and Lead Based Paint regulations under 24 CFR Part 35. - 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the 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. 4 3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement is the date that the City Clerk signs this Agreement ("Effective Date"). The term of this Agreement shall commence on the Effective Date and shall expire one (1) year thereafter. 3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the services and activities as prescribed in its Scope of Services, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written' policies, procedures, and requirements as prescribed in this Agreement, and as set forth by the Treasury and the CITY. 3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER is aware of and accepts the Act, the Administrative Plan: Emergency Rental Assistance Program, which is attached hereto and incorporated herein as Exhibit "H" ("Administrative Plan"), and the CITY's ERA Program guidelines, which for the avoidance of doubt is Exhibit "B" of Resolution No. 21-0065 and which is incorporated into this agreement by this reference, as the official documents which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the PROVIDER (collectively, "Policies and Procedures"). The Policies and Procedures are incorporated herein and made part of this Agreement. The City of Miami reserves the right to update the Policies and Procedures in the City's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the event of the occurrence of any delays in the activities thereunder, the PROVIDER shall immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROVIDER shall obtain -the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Services: • The addition of any positions not specifically listed in the approved Itemized Budget. • The modification or addition of any job descriptions. • The purchase of any non -expendable personal property. • The disposition of any real property, expendable personal property or any non - expendable personal property. • Any out-of-town travel not specifically listed in the Itemized Budget. • The use of ERA Funds in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. 5 • The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER 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 PROVIDER shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance indicating that the PROVIDER 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 PROVIDER at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROVIDER 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 PROVIDER 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 PROVIDER 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 ERA Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in rules, laws, federal guidance, and regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit requirements: 5.1.1 If the PROVIDER 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.) 6 a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the PROVIDER elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROVIDER 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 PROVIDER, the PROVIDER 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 PROVIDER 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 PROVIDER 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 PROVIDER complied with laws, regulations, and the terms and conditions of Federal Awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROVIDER 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 PROVIDER 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 PROVIDER shall establish and maintain sufficient records to enable the CITY to determine whether the PROVIDER has met the requirements of the ERA Program. At 'a minimum, the following records shall be maintained by the PROVIDER: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with ERA Funds, including its location (if the activity has a geographical locus), the amount of ERA Funds budgeted, obligated and expended for the activity, and the specific provision in the ERA Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies and Procedures, Resolution No. 21-0065, the Administrative Plan, and the Act, and that such information is provided in the form required in same. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, 8 or benefited from, any program or activity funded in whole or in part with ERA Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low and moderate income persons and the use of local businesses. 6.1.4 Records and financial documents sufficient to support compliance with Section 501(c) of the Act regarding the eligible uses of funds. 6.1.5 OMITTED 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROVIDER'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 PROVIDER at least until the expiration of the Retention Period. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROVIDER further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The PROVIDER shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. The parties hereto further agree that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W.'2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY'S HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT CUSTODIAN OF RECORDS AT 14 NE 1 AVE., MIAMI, FL 33132, SECOND FLOOR 9 6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement 6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Scope of Services or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is;in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The PROVIDER shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as -part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the. Department, the PROVIDER shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Scope of Services for public purposes. 6.3.2 If the PROVIDER 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 PROVIDER 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 PROVIDER shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the PROVIDER which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROVIDER. Following such inspection or interviews, the Department will deliver to the 10 PROVIDER a report of its findings. The PROVIDER 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 PROVIDER' s justification is acceptable. At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the PROVIDER's official policies on specified issues relating to the PROVIDER's activities: The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROVIDER 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 PROVIDER is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROVIDER shall report .such relationship to the Department. Any supplemental information shall be promptly reportedto the Department. The PROVIDER shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis, a Scope of Services Status Report. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The PROVIDER shall maintain current documentation that its activities are ERA Program eligible in accordance with the Policies and Procedures, Resolution No. 21-0065, the Administrative Plan, and the Act. 7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with ERA Funds is an activity which provides benefit to eligible ERA Program applicants. 7.3 The PROVIDER shall comply with all applicable provisions of Policies and Procedures, the Administrative Plan, Resolution No. 21-0065, and the Act, and shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 11 7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 OMITTED. - 7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Scope of Services or its performance under this Agreement. Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving ERA Funds. 7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 The PROVIDER shall abide by the Federal Labor Standards provisions of HUD Form 4010 incorporated herein as part of this Agreement. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROVIDER shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROVIDER is or was created by a religious organization, the PROVIDER agrees that all ERA Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, ERA Funds may not be used .for religious activities. The PROVIDER shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the PROVIDER must transfer to the CITY any unused ERA Funds at the time of expiration/termination'and any accounts receivable attributable to the use of ERA Funds. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROVIDER'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 PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROVIDER shall ensure that all subcontracts and assignments: 12 (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following provision: "The PROVIDER is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROVIDER. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROVIDER's Subcontractor(s). 7.13.5 The PROVIDER shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Contract Work Hours and Safety -Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 13 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS. The PROVIDER certifies that: (a) The PROVIDER 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 PROVIDER'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 PROVIDER to act in connection with this Agreement and to provide such information as may be required. (b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROVIDER shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being- motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROVIDER and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX 14 INTENTIONALLY OMITTED ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROVIDER, 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 PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not be obligated and shall not pay to the PROVIDER any sum whatsoever. If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROVIDER, 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 ERA Funds committed to the PROVIDER. 10.1.4 Withhold further grants, loans, and/or other monies for the PROVIDER. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's operations and authority to obligate funds under this Agreement or withhold payments to the PROVIDER pending necessary corrective action by the PROVIDER. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) (ii) Ineffective or improper use of the ERA Funds by the PROVIDER; Failure by the PROVIDER to comply with any term or provision of this Agreement; 15 (iii) Failure by the PROVIDER to submit any documents required by this Agreement; or (iv) The PROVIDER's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROVIDER'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 PROVIDER 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 PROVIDER. 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 ERA Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROVIDER 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 PROVIDER is materially non -compliant with any term or provision of this Agreement. The Depat tiiient 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 PROVIDER to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY may, by written notice to the PROVIDER, 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 16 of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The PROVIDER 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 PROVIDER and persons employed or utilized by PROVIDER in the performance of this Agreement. PROVIDER shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the PROVIDER shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The PROVIDER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROVIDER 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 PROVIDER 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 PROVIDER, or persons employed or utilized by PROVIDER. 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 PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the City. The PROVIDER 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 PROVIDER in which the City participated either through review or concurrence of the PROVIDER's actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the City in no way assumes or shares any responsibility or liability of the PROVIDER or Sub - PROVIDER under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 17 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER 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 PROVIDER agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROVIDER 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 PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with ERA Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER 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 PROVIDER or its employees must be disclosed in writing to the CITY. 11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.7.3 OMITTED. 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 18 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROVIDER 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 ERA Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI George Mensah, Director Department of Housing & Community Development One Flagler Building 14 NE 1st Avenue, Second Floor Miami, Florida 33132 PROVIDER SUNSHINE FOR ALL, INC.., 1407 SW 22 STREET MIAMI, FL 33145; 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. 19 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.11.6 It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 11.11.8 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The PROVIDER 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 PROVIDER'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 PROVIDER to act in connection with this Agreement and to provide such information as may be required. 20 11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or personal representative of the PROVIDER, 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 PROVIDER, 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 PROVIDER Agreement, the CITY shall require the PROVIDER to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: • A final performance or progress report. • A financial status report. • A final request for payment. 21 o/ 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 REPNTATIVE: an ana Date: 6/1/2021 Title: Executive Director CITY OF MIAMI, a municipal Corporation of the State of Florida Arth fi oriega V. City Manager 8/5- Date: APPROVED AS TO INSURANCE REQUIREMENTS 6/9/21 Ann -Marie Sharpe Risk Management Date: PROVIDER SUNSHINE FOR ALL, INC. 1407 SW 22 STREET MIAMI, FL 33145 a Florida not -for -profit corporation ATTEST: Name• : vro Marin Date: 6/1/2021 Title: Se ' etary of the Board Corporate Seal: ATTEST: APPROVED AS TO FORM AND CO' ' ' S: a Mendez Date: ity Attorney 2(-C1 i Wt 22 EXHIBIT B WORK PROGRAM HOUSING SPECIALIST SERVICES CITY OF MIAMI EMERGENCY RENTAL ASSISTANCE PROGRAM The responsibilities described herein are more specifically described in, and governed by, the City of Miami Emergency Rental Assistance Program, Policies and Procedures Manual and by the assignment of duties and responsibilities to the Project Sponsor by Nan McKay and Associates, Inc. in connection with the contract between the City of Miami and Nan McKay and Associated, Inc. for the administration and implementation of the City of Miami's Emergency Rental Assistance Program. 1. Housing Specialist Services: The Project Sponsor will provide a wide range of activities related to determining and documenting applicant and/or participant eligibility, income, rent and contractual relationships with owners in support of the Emergency Rental Assistance Program operations using written administrative policies and procedures. The work requires full accountability for assigned cases including accurate and complete files, resolution of customer service cases, and responsiveness to participant and landlord inquires. 2. Supervision Received and Exercised: The Project Sponsor will operate all day-to-day responsibilities under the direct generalsupervisionof the Supervisor assigned by Nan McKay and Associates, Inc. The Project Sponsor will be ultimately accountable to the City of Miami in connection with its contract for the Housing Specialist services with the City of Miami. 3. Performance: The Project Sponsor will be expected to complete/process all cases assigned by the Nan McKay Supervisor and/or the City of Miami. The Project Sponsor production shall be measured by these standards. 4. Essential Duties and Responsibilities: The below statements are intended to describe the general nature and scope of work being performed by this position. This is not a complete listing of all responsibilities, duties and/or skills required. Other duties may be assigned. Manage an assigned caseload of participants/applicants Conduct application review Determine rental assistance payments and other payments as applicable Process payments if required Communicate with applicants and owners as necessary Process all transactions within the required business systems Maintain accurate and complete applicant/participant files Provide excellent customer service to participants, landlords, co-workers, clients, and vendors Conduct all job functions in alignment with the Administrative Plan, Federal regulations and other state and local requirements Ensure regular attendance and punctuality Perform other duties as assigned 5. Meetings and Trainings • Participate in any performance oversight activities organized by the City. • Attend all Nan McKay and/or City of Miami meetings • Participate in mandatory trainings conducted or required by the City and or Nan McKay; and • All program personnel, whose salaries are paid in whole or in part with Emergency Rental Assistance funds, must attend all trainings and or evaluations conducted by the City and/or Nan McKay in connection with the City of Miami's Emergency Rental Assistance Program. Such staff includes management and administrative staff. Authorized Repres 6/1/2021 Print ► .� tee: ben Santana Date T. e: Executive Director / STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of I physical presence or ❑ online notarization, this I day of o3 Vr,. 20 by r- TdA2h ��, RR/�1'O�.y3, of '.rM Y't l k . 3cr , a Florida Not For Profit Corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: �Puv'i'i; ROSALIND BARCENAS • Notary Public - State of Florida Commission q GG 182724 I '•••.c�irr�°`:' My Comm. Explres Feb 5, 2022 '' Bonded through National Notary Assn. r Signature of Notary EXHIBIT.0 COMPENSATION AND BUDGET SUMMARY The CITY shall pay the Sub -Recipient as maximum compensation for the services required pursuant to this Agreement the sum of $ 100000 B. Sub -recipient's Itemized Project. Budget, Cost Allocation and Budget Narrative are attached hereto and made part of this Agreement. C. Activities are subject to. the provisions of 24 CFR Part 58, Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities. D. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, Community and Economic Development (CED) shall have the right to review and audit the time records and related records of . the Sub -Recipient pertaining to any payments by the Community and Economic Development. E. Requestsfor payment should be made at least on a monthly: basis in a form provided by CED. Reimbursement requests _should be submitted to CED within thirty (30) calendar days after the indebtedness has been incurred. F. The Sub -Recipient must submit the final request for payment to CED within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the Department. Ifthe Sub -Recipient fails to comply with this requirement, the Sub -Recipient shall forfeitall rights to payment and Community and Economic Development shall not honor any request submitted. thereafter. Any payment due under this Agreement may be withheld pending the receipt and approval by Community and Economic Development of all reports duefrom the Sub - Recipient as a part of this Agreement and any modifications thereto. Authorize Signature: Print N - e:Ruben A. Santana Title:/ xecutive Director Date: 6/23/2021 ROSALIND BARCENAS 1P B'ti •r � �,��-: Notaiy Public - State of Florida' 0 ..Commission # GG 182724 M`"'� f �' BBHB�ed 4NfHH p N' il8fial A4§11: STATE OF FLORIDA. COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or .. on line notarization, this 23 day of J4)6.& ..20 .13 by (Zu4,er% . Sc,N}a,,;,q a 4 :Q•4 4. corporation on behalf of the corporation. lie/she is personally known to me or has producedas identification. [Notary Seal]: CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT ITEMIZED BUDGET NARRATIVE Housing Development Only Agency: Sunshine For All, Inc. Period: 1/1/2021 to 12/31/2021 Funding Source: Emergency Rental Assistance Program ITEM DESCRIPTION AMOUNT January-21 Monthly Payment for Services $8,333.33 February-21 Monthly Payment for Services $8,333.33 March-21 Monthly Payment for Services $8,333.33 April-21 Monthly Payment for Services $8,333.33 May-21 Monthly Payment for Services $8,333.33 June-21 Monthly Payment for Services $8,333.33 July-21 . Monthly Payment for Services $8,333.33 August-21 Monthly Payment for Services $8,333.33 September-21 Monthly Payment for Services $8,333.33 October-21 Monthly Payment for Services $8,333.33 November-21 Monthly Payment for Services $8,333.33 December-21 Monthly Payment for Services $8,333.33 TOTAL: $100,000.00 BUDGET FORM I 1 OF 1 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. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certificat' . • hall be subject to a civil penalty of not less than $10,000 and not more t 100.110 . failure. 6/1/2021 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of & physical presence or ❑ online notarization, this A day of ..kJle. 20 :1.1 by 2092-tvi Sa►y.- _ of , vas tot% co r M. . Tip -.. , a (1e 6)reA, 4- corporation, on behalf of the corporation. He/she is personally known to me or has produced as ide tion. [Notary Seal]: 4 1 i;;;;;;; ROSALIND BARCENAS Notary Public - State of Florida qL oe Commission N GG 182724 ,'fir,, F;opaMy Comm. Expires Feb 5, 2022 '' Bonded through National Notary Assn. Signature otary 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. Sunshine for All, Inc. Applicant/Agency Ruben Santana P 6/1/2021 ature i f Certifying Official Date 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 The City of Miami By Ruben Santana Executive Director for Sunshine for All, Inc. (Print this individual's name and title) (Print name of entity submitting statements) whose business address is 1407 SW 22 st Miami F133145 and whose Federal Employer Identification Number (FEIN) is 37-1502184 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services ,to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of public entity crime; or b. An.entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person wild has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to; transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which statement applies). _X_ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENT. : G INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT ' ' OVIDE I•r+�'"� N 287.017, FLORIDA STATUTES, FOR CATEGORY TWO "ANY ,��arlil►` FORMATION CONTAINED IN THIS FORM. City of 1°4 a►.vri ; STATE OF FLORIDA The foregoing instrument was acknowledged before me by means of Q physical presence or 0 Gird( online notarization, this 1 day of June. , 2021 by ht_v' Sa>r' A•NO-, (Title) l :r of nSLv L• Cot a Florida not -for -profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. NOTARY PUBLIC: My commission expires 02-‘051W3-- (Print Name) SEAL CP: mmROSALINDBARCENAS Notary public - State of Florida 4 �_ Commission tt GG 182724My Comm, Expires Feb5,2Q22Bonded through National Notary Assn, 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 f, xam le. "The City ofMiami is named additional insured on thegeneral liability. On a primary and non-contributory basis. All policy and conditions apply 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 xam le. "The City of Miami is named additional insured on the automobile liability. Note: If agency does not own any vehicles please submit this stamen on the agency's dated letterhead:and signed by the authorized representative. III. Worker's. Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident.' $100,000 for bodily injury caused by disease, each employee_ $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250;000 $250,000. `THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SER VICES" 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. SUNSHINE FOR ALL, INC. CORPORATE RESOLUTION On June 1, 2021 the Board of Directors of Sunshine For All, Inc. held an emergency meeting to discuss the acceptance of the contract with the City of Miami for the purpose of the Emergency Rental Assistance (ERA) Program for the period of January 1, 2021 through December 31, 2021 in the amount of $100,000.00 dollars. It was hereby RESOLVED that Sunshine For All, Inc. agrees to accept the City of Miami Emergency Rental Assistance (ERA) Program contract without any changes. It is also ordered that Ruben Santana, Executive Director is authorized to execute the contract on behalf of Sunshine For All, Inc. Dated: June 1, 2021 Antonio Leon Board Member 1 ® A`� 0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDJYYY1� 06/01/2021 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 haveADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may.require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). , PRODUCER Gil, Garden, Avetrani Insurance Group 10689 N. Kendall Drive Suite 208 . Miami FL 33176 , CONTACT : Benny Cabrera NAME: _ • PHONE (305) 6304777 FAX (305) 279-3022 UM No, Ext): (NC, No): E-MAIL • bcabreia@ggaig.com • INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Lloyds of London INSURED Sunshine For All Inc 1407 SW 22 ST Miami FL 33145 • INSURER B : Ascendant Commercial Ins. Inc. iNsuRER c : INSURER D : INSURER : INSURER P: CL2142917676. REVISION NUMBER: V V Y GI\NUG.7 ....as ... ,vr., — .. .....--... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR . TYPE OF INSURANCE ADVL INS° UBH WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDD(YYYY) LIMITS A X COMMERCIAL GENERAL LIABILUY Y ME0183966521 05/04/2021 05/04/2022 EACH OCCURRENCE $ 1,000,000 -DAMAGEI O RENTED • PREMISES (Ea occurrence) 50000 ' $ , CLAIMS -MADE X OCCUR MED.EXP (Any one person) . $ .5,000 PERsoNAL3ADVINJURY $ 1,000,000 GENERALAGGREGATE $ 2,000,000 GGEEN'LAGGREGATE LIMITAPPLIES PER: . POLICY ❑ JEC LOC OTHER: PRODUCTS-COMPIOPAGG S 1,000,000 Hired Nori-Owned Auto $ Included AUTOMOBILE — LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — _ _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMB (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per sodden() $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA MB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A WC719533 . 12/27/2020 . 12/27/2021 X' PE PERj I FOR E.LEACH ACCIDENT $ 100,000 EL DISEASE - EA EMPLOYEE 100,000 $ ` EL DISEASE- POLICY LIMB $ 500,000 A Professional Liability ME0183966521 05/04/2021 05/04/2022 Each Claim Limit Aggregate Limit Retention $ 250;000 $ 750;000 $ 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached If more space Is required) City of Miami is listed as an Additional Insured with respect to the General Liability on a Primary and Non -Contributory Basis when required by written contract. • CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave, 2nd Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADMINISTRATIVE PLAN: EMERGENCY RENTAL ASSISTANCE PROGRAM Effective Date: 05/05/2021 The City of Miami, Florida Administrative Plan Emergency Rental Assistance Program City of Miami, Florida DOCUMENT REVISION HISTORY VERSION # REVISION DATE DESCRIPTION REVISION TRACKING NOTES 1.0 03/24/2021 Original Version N/A 2.0 05/04/2021 Updated Removed $15,000 cap on assets, per discussion with City of Miami 3.0 05/05/2021 Updated Add the FY 2021 Income Limit Category Chart Effective: 03/24/2021 2 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida TABLE OF CONTENTS Document Revision History 2 Table of Contents 3 Introduction 5 II. Eligibility 5 II.A Household Eligibility 5 II.A.1 501(k)(3)(A) Eligible Household 5 II.A.2 City of Miami Policy 5 II.B Income Eligibility 7 11.6.1 501(k)(3)(C) Income Determination 7 II.B.2 City of Miami Policy 7 II.0 Identity Verification 8 II.D Active Renter Household 9 II.E Duplication of Benefits 9 II.E.1 501(k)(3)(B) Eligible Household Exceptions 9 II.E.2 City of Miami Policy 9 III. Available Assistance 10 III.A Use of Funds 10 III.A.1 501(c)(1)(A) Use of Funds 10 111.13 Program Caps 10 III.B.1 501(c)(1)(A) Use of Funds 10 III.B.2 City of Miami Policy 10 III.0 Types of Assistance 10 II I.C.1 Rent Arrears 10 III.C.2 Utility Arrears 11 III.C.3 Prospective Rent Payments 11 III.C.4 reimbursement of relocation expenses 11 IV. Application Process 12 IV.A Application Intake 12 IV.B Prioritization of Assistance 12 IV.B.1 501 (c)(4)(A) Prioritization of Assistance 12 IV.B.2 City of Miami Policy 13 IV.0 Applications Submitted on Behalf of Tenants 13 Effective: 03/24/2021 3 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida IV.C.1 501(f)(1)(A-C) Requirements for Applications Submitted on Behalf of Tenants 13 V. Payments 13 V.A 501(c)(2)(A) Distribution of Financial Assistance 13 VI. Program Reporting Requirements 13 VI.A 501(g)(1)(A-F) Reporting Requirements 13 VI.B Participant Documentation 14 VI.0 Owner Documentation 14 VII. Denials &Administrative Reviews 15 VII.A Denials 15 VII.B Administrative Reviews 15 VIII. Compliance Monitoring 16 VIII.A Reviews 16 VIII.B Data Integrity Compliance 16 VIII.0 Validation Checks 16 IX. Definitions 16 X. Addendum A: Income Limits 17 Effective: 03/2412021 4 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida I. INTRODUCTION The Emergency Rental Assistance Program (ERAP) is a rental assistance program designed to provide relief to low- and moderate -income households residing in Miami who are unable to pay rent and utilities due to the COVID-19 pandemic. This document outlines the policies strategically designed for the delivery of emergency rental assistance for the City of Miami ERAP as established by section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020). II. ELIGIBILITY II.A HOUSEHOLD ELIGIBILITY II.A.1 501(K)(3)(A) ELIGIBLE HOUSEHOLD An eligible household is defined as a renter household in which one or more individuals who qualifies to pay rent on a residential dwelling meets the following criteria: 1. Qualifies for unemployment or has experienced a reduction in household income, incurred significant costs, or experienced a financial hardship due to COVID-19; 2. Demonstrates a risk of experiencing homelessness or housing instability; and 3. Has a household income at or below 80 percent of the area median.' II.A.2 CITY OF MIAMI POLICY All documentation listed below must show that the hardship occurred after March 13, 2020 (e.g., receipts for related expenses with a date). Applicant may be required to attest to a hardship's relationship to COVID-19. II.A.2.1 Qualifies for Unemployment Qualifies for unemployment (Section II.A.I) is defined as any member of the household on the lease who has received unemployment between March 13th, 2020 to the date of application. The City of Miami will accept any of the following documents as verification of unemployment: 1. Documentation from unemployment agency 2. Confirmation from agency database, if available 3. Written attestation from applicant ' Addendum A — Income Limits Effective: 03/2412021 5 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida II.A.2.2 Reduction in Household Income Reduction in household income (Section II.A.1) is defined as a loss of wages or compensation. A loss of $1 or more is considered a loss of wages. The City of Miami will accept any of the following documents as verification of reduction of household income: 1. Letter from employer confirming reduced wages, termination, or furlough 2. Layoff letter from employer 3. Unemployment letter dated from 3/13/2020 to present 4. Print out from unemployment agency showing benefits received in the last thirty (30) days 5. Notice of business closure on employer website 6. Letter from healthcare provider stating that the applicant was unable to work due to a COVID-related illness 7. Letter from Workforce Solutions 8. If none of the above is available, a self -certification form II.A.2.3 Significant Costs Significant costs (Section II.A.1) are defined as any expenses incurred due to the COVID-19 pandemic. An expense of $1 or more is considered a significant cost. The City of Miami will accept any of the following as evidence of significant costs: 1. Adverse healthcare impacts such as increased healthcare costs, including at-home care for individuals with COVED-19 2. Expenses incurred due to quarantining or social distancing as mandated by employer (computer equipment, interne expenses, etc.) 3. Expenses for childcare due to COVID-19 school closures 4. Purchase of personal protective equipment (PPE) 5. Penalties, fees, and legal costs associated with rental or utility arrears 6. Payments for rent or utilities made by credit card to avoid homelessness or housing instability 7. Alternative transportation for households unable to use public transportation during the pandemic 8. If none of the above is available, a self -certification form These costs may be verified with medical bills, receipts, payment statements, bank or credit card statements, or other documentation. Effective: 03/24/2021 6 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida II.A.2.4 Financial Hardship Financial hardship (Section II.A.1) is defined as any negative financial impact that a family has experienced due to COVID-19. The City of Miami will accept the following documents as verification of financial hardship: 1. Those listed in previous sections (Sections II.A.2.1, II.A.2.2, and II.A.2.3) 2. Documentation of expenses or loss of income related to the death of a family member, such as funeral costs II.A.2.5 Risk of Experiencing Homelessness and Housing Instability Risk of experiencing homelessness and housing instability (Section II.A.2) is defined as the household's risk of accumulating at least one (1) month of rental arrears in their current residence due to COVID-19. Risk factors may include: 1. An eviction notice 2. A past due utility or rent notice 3. Living in unsafe or unhealthy living conditions, such as conditions that increase the risk of exposure to COVID-19 because of overcrowding 4. A housing cost burden that makes it difficult for renters to afford their housing costs 5. Informal rental arrangements with little or no legal protection 6. History of, or potential for, exposure to intimate partner violence, sexual assault, or stalking 7. Evidence the household is forgoing or delaying the purchase of essential goods or services such as food, prescription drugs, childcare, transportation, or equipment needed for remote work or school in order to pay rent or utilities 8. Harassment or verbal threats of eviction by a landlord 9. Evidence the household is relying on credit cards, payday lenders, or other high -cost debt products, or depleting savings, to pay for rent or utilities, rather than wages or other income II.B INCOME ELIGIBILITY 11.111 501(K)(3)(C) INCOME DETERMINATION Household income is determined as either the household's total income for calendar year (CY) 2020 or the household's monthly income at the time of application. 11.112 CITY OF MIAMI POLICY For the purposes of verifying income, the City of Miami will require that families provide documentation for all household members at least eighteen (18) years of age. The City has Effective: 03/24/2021 7 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida chosen to use the HUD definition of income when income calculation is necessary. The City of Miami will accept any of the following documentation: For annual income: 1. 2020 tax return (1040, 1040EZ, etc.) 2. 2020 W-2 from employer 3. 2020 1099 tax form 4. Other evidence of annual income such as a wage statement, interest statement, or unemployment compensation statement For monthly income: 1. One (1) pay stub, at minimum, for wages dated within the last sixty (60) days, demonstrating a full months' worth of consecutive pay 2. Social Security Administration (SSA) benefit letter dated within the last twelve (12) months 3. Unemployment benefits letter dated with the last sixty (60) days 4. Child support payment report from Florida Department of Revenue 5. Letter dated within the last sixty (60) days confirming child support payments made outside of the Florida Department of Revenue. 6. If none of the above is available, a self -certification form. 7. In the case that both annual and monthly income documentation is provided, the City of Miami will use the lower of the two for determining program eligibility. When determining annual income, federal pandemic insurance payments are excluded. II.0 IDENTITY VERIFICATION The City of Miami will utilize Melissa2 identity verification. Applicants whose identity is unable to be verified by Melissa may be required to provide additional documentation. Acceptable identification must include the family member's name and date of birth. Examples of acceptable identification include a driver's license, birth certificate, passport, or state -issued ID. Applicant households must provide verification of the social security number (SSN) of all family members who have been assigned SSNs. If a household does not have social security card(s) available, they may instead provide government -issued documentation that includes the SSN. 2 https://www.melissa.com/ Effect , 03/'2 202' 8 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida II.D ACTIVE RENTER HOUSEHOLD Applicant households are required to provide a current lease, tenancy agreement, or landlord certification form. In some cases, a family's proof of hardship may also serve as proof of housing. For example, a family who must relocate due to overcrowding may provide an attestation as proof of hardship. II.E DUPLICATION OF BENEFITS II.E.1 501(K)(3)(B) ELIGIBLE HOUSEHOLD EXCEPTIONS Rental assistance provided to an eligible household should not be duplicative of any other federally funded rental assistance provided to such household. An eligible household that occupies a federally subsidized residential or mixed -use property may receive ERAP assistance, provided that ERAP funds are not applied to costs that have been or will be reimbursed under any other federal assistance. If an eligible household receives a monthly federal subsidy under programs such as housing choice voucher (HCV), public housing, or project -based rental assistance (PBRA) and the tenant rent is adjusted according to changes in income, ERAP assistance may only be used to pay for costs, such as the tenant -paid portion of rent and utility costs, that are not paid for by the other rental assistance. II.E.2 CITY OF MIAMI POLICY Families currently receiving monthly federal subsidy will only be eligible to receive assistance for portions of rent and utility arrears that are not covered by the federal program. Families who have been assisted under a previous rental assistance program in the last twelve (12) months can be evaluated for additional assistance for periods not previously covered. The City of Miami may review the household's income and available sources of assistance to confirm that ERAP assistance does not duplicate any other assistance, including federal, state, and local assistance provided for the same costs. If the City of Miami determines that ERAP assistance would result in duplicative benefits, the applicant will be denied assistance for the month in which duplicate assistance has been identified. Effective: 03/24/2021 9 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida III. AVAILABLE ASSISTANCE III.A USE OF FUNDS III.A.1 501(C)(1)(A) USE OF FUNDS Not less than ninety (90) percent of awarded funds must be used for direct financial assistance, including rent, rental arrears, utilities and home energy costs, utilities and home energy costs arrears, and other expenses related to housing. Remaining funds are available for housing stability services, including case management and other services intended to keep households stably housed, and administrative costs. III.B PROGRAM CAPS III.B.1 501(C)(1)(A) USE OF FUNDS Assistance shall be provided for a period not to exceed twelve (12) months except as to provide assistance for an additional three (3) months only if necessary, to ensure housing stability for a household subject to the availability of funds. III.B.2 CITY OF MIAMI POLICY The City of Miami will pay a maximum of $24,000 in assistance to any eligible household, to cover a maximum of twelve (12) months of rent arrearage, utility arrearage, and eligible relocation costs, up to $2,000 per month, and, if applicable and sufficient funds are available, an additional three (3) months of assistance to ensure housing stability. The applicant's arrears (retrospective to March 2020) will be paid first, with the remainder available for future rent (through December 2021). For the purposes of ERAP, housing stabilization is defined as assistance that supports households in keeping their existing housing. III.0 TYPES OF ASSISTANCE III.C.1 RENT ARREARS Applicants or their landlords must provide proof of rent arrearage before an arrearage can be paid. Allowable documentation includes: 1. Lease and past due notice 2. Notice of rent arrears issued by the rental property owner 3. Eviction notice Effective: 03/24i2021 10 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida 4. Summary process summons and complaint identifying the applicant(s) as the Defendant(s)/Tenant(s)/Occupant(s), which sets forth a hearing date within thirty (30) days 5. If none of the above is available, a self -certification form may be accepted on the condition that the applicant can provide satisfactory evidence of residence. Documentation must include the months in which the rent arrearages were incurred. I I I.C.2 UTILITY ARREARS All payments for utilities and home energy costs, including interne, must be supported by a bill, invoice, or evidence of payment to the provider of the utility or home energy service. Utilities and home energy costs that are covered by the landlord will be treated as rent. III.C.3 PROSPECTIVE RENT PAYMENTS II I.C.3.1 501(c)(2)(B)(iii) Limitations on Assistance for Prospective Rent Payments To the extent that applicants have rental arrears, grantees may not make commitments for prospective rent payments unless they have also provided assistance to reduce an eligible household's rental arrears. II I.C.3.2 City of Miami Policy When applicants are requesting prospective rent payments for housing stability assistance, applicants or their landlords must provide proof of need. Allowable documentation to verify need includes: 1. Lease agreement, tenancy at -will agreement, or other written verification from the owner outlining the terms of the tenant agreement that contains the applicant's name, unit address, monthly rent, and effective dates (must cover the period in which assistance will be covered), specifies what costs are required, and complies with local and state law. 2. If none of the above is available, the City of Miami will accept a self -certification form. ERAP funds may not be used for broker fees or security deposits. Households may be provided with future assistance in the form of a prospective rent payment for up to three (3) months. III.C.4 REIMBURSEMENT OF RELOCATION EXPENSES Payments associated with moving from one unit to another to ensure housing stability. Allowable reimbursable expenses may include: Effective: 0312412021 11 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida 1. Receipts for shipping costs, moving supplies, cleaning costs, moving truck rentals, utility fees to turn off and/or turn on. IV. APPLICATION PROCESS IV.A APPLICATION INTAKE Households that wish to receive ERAP assistance must apply for the program and provide all necessary information to establish eligibility. At minimum, the City of Miami will collect the following information at time of application: 1. Date and time of application 2. Household information 3. Qualification for any priority 4. Unit and landlord information 5. Income information 6. Current and previous housing assistance The City of Miami will announce when applications will be accepted no less than seven (7) calendar days prior to the date when applications will be first accepted. The City of Miami will accept applications for a period of 30 days. (see Section IV.C). Applications will be reviewed for eligibility as they are received, with priority given to those applications that meet priority criteria (see Section IV.C). Applications will primarily be accepted online. Accommodations will be made to assist families in completing the online application as requested. The City of Miami will also designate locations where applicants may submit paper applications. IV.B PRIORITIZATION OF ASSISTANCE IV.B.1 501(C)(4)(A) PRIORITIZATION OF ASSISTANCE In reviewing applications for financial assistance and housing stability services to eligible households from a payment made under this section, an eligible grantee shall prioritize consideration of the applications of an eligible household that satisfies any of the following conditions: 1. The income of the household does not exceed fifty (50) percent of the AMI for the household. Effective: 03/24/2021 12 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida 2. One (1) or more individuals within the household are unemployed as of the date of the application for assistance and have not been employed for the ninety -day period preceding such date. IV.B.2 CITY OF MIAMI POLICY In addition to the above prioritized conditions, City of Miami will also give priority assistance to applicants who meet the following criteria: 1. Households that have received a 3-day eviction notice. IV.0 APPLICATIONS SUBMITTED ON BEHALF OF TENANTS IV.C.1 501(F)(1)(A-C) REQUIREMENTS FOR APPLICATIONS SUBMITTED ON BEHALF OF TENANTS If a landlord or owner of a residential dwelling submits an application for assistance on behalf of a renter of such dwelling: 1. The landlord must obtain the signature of the tenant on such application, which may be documented electronically; 2. Documentation of such application shall be provided to the tenant by the landlord; and 3. Any payments received by the landlord from a payment made under this section shall be used to satisfy the tenant's rental obligations to the owner. V. PAYMENTS V.A 501(C)(2)(A) DISTRIBUTION OF FINANCIAL ASSISTANCE The City of Miami will make direct payments to participating vendors (property owners, managers, etc.) on behalf of the program participant with the exception of reimbursement of relocation expenses which will be paid directly to the participant applicant. VI. PROGRAM REPORTING REQUIREMENTS VI.A 501(G)(1)(A-F) REPORTING REQUIREMENTS The Secretary, in consultation with the Secretary of Housing and Urban Development (HUD), shall provide public reports not less frequently than quarterly regarding the use of funds made available under this section, which shall include, with respect to each eligible grantee under this section, both for the past quarter and over the period for which such funds are available: 1. The number of eligible households that receive assistance from such payments; 2. The acceptance rate of applicants for assistance; Effective: 03/24/2021 13 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida 3. The type or types of assistance provided to each eligible household; 4. The average amount of funding provided per eligible household receiving assistance; 5. Household income level, with such information disaggregated for households with income that: a) does not exceed 30 percent of the area median income for the household; b) exceeds 30 percent but does not exceed 50 percent of the area median income for the household; and c) exceeds 50 percent but does not exceed 80 percent of area median income for the household; 6. The average number of monthly rental or utility payments that were covered by the funding amount that a household received, as applicable; and 7. Race, ethnicity, and gender information. VI.B PARTICIPANT DOCUMENTATION In addition to the above reporting requirements, City of Miami will also require that all approved ERAP files contain the following information and/or documentation: 1. Gender, race, and ethnicity for the primary applicant for assistance. 2. Household member name, address, SSN 3. Address of the rental unit 4. Amount and percentage of assistance covered by ERA assistance 5. Number of months of assistance for which ERA assistance is provided 6. Total amount of each type of assistance (i.e., rent, rental arrears, and home energy costs, and home energy costs arrears) provided to each household 7. Amount of outstanding rental arrears for each household 8. Household income and number of individuals in the household 9. All documents, letters, and case notes associated with any review VI.0 OWNER DOCUMENTATION In order for City of Miami to make an ERAP payment to a property owner on behalf of an applicant family, that property owner or their agent must provide: 1. Landlord name, address, SSN, and tax identification number or DUNS number, as applicable 2. Landlord's completed W-9 tax form 3. Proof of ownership (deed, most recent real estate tax bill, or current property insurance policy). The agency may also verify property ownership with a local municipal assessor's office or with the registry of deeds. If this option is used, the agency must maintain a printed copy of such verification in the applicant file. Effective: 03/24/2021 14 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida VII. DENIALS & ADMINISTRATIVE REVIEWS VII.A DENIALS A household may be found ineligible for assistance at the time of the initial screening, during the application process, or after their application is complete. Families who are ineligible or who become ineligible for ERAP will receive a notice of ineligibility with the appropriate ineligibility reason marked. The following items are grounds for denial: 1. Incomplete documentation. Household failed to provide documentation that was requested of them during the application process. 2. Over income. Household was found to have income over 80% AMI. 3. Not an eligible household. Household was found to be categorically ineligible for ERAP or did not meet the minimum screen point threshold to qualify. 4. Participant noncompliance. Household came out of compliance with the participant agreement or other program requirements while receiving ERAP assistance. 5. Receiving other benefits. A household who has already received the maximum allowable subsidy under the provisions of this program will be denied. Applicants who receive or have received other sources of assistance, including federal, state, and local assistance provided for the same costs, may be denied if ERAP assistance would result in duplication of benefits. 6. Prior arrears. City of Miami will not provide ERAP assistance for arrears that occurred before March 13, 2020, the date of the emergency declaration pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5191(b). 7. Other. Household is ineligible for some other reason. City of Miami anticipates that most ineligible households will be ineligible for one of the above -listed reasons. If a household is found ineligible for some other reason, City of Miami will make the reason clear by providing a note of explanation on the notice of ineligibility/termination or by attaching a letter to the notice. 8. No funding. Household does not receive assistance because City of Miami has exhausted its funding for the fiscal year. VII.B ADMINISTRATIVE REVIEWS Households who are found ineligible for ERAP and who disagree with the ineligibility decision may request an administrative review of their denial. If a household is determined ineligible, the applicant has ten (10) calendar days from the date of the denial notice to request an administrative review. Reviews will generally be performed within thirty (30) calendar days from the request for a review, by supervisor who is familiar with Effective: 03/24/2021 15 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida the program but unfamiliar with the specific case being reviewed. The decision will be sent to the applicant and a copy of the written finding will be placed in the applicant's file. There is no appeal to City of Miami of this finding. Households who fail to supply necessary eligibility documentation will not be eligible for a review. VIII. COMPLIANCE MONITORING VIII.A REVIEWS City of Miami will complete routine reviews on a statistically significant sample size of cases that have been approved for assistance. City of Miami will select, at minimum, 10% of all approved applications to undergo a compliance review. The following criteria will be evaluated: 1. Accuracy of eligibility determinations 2. Accuracy of subsidy calculations 3. Accuracy of payment processing 4. Completeness of file documentation VIII.B DATA INTEGRITY COMPLIANCE All client information is collected and maintained electronically. To effectively monitor ongoing data integrity, a compliance report will be run at minimum once a week prior to each check run. This report will identify the level of data quality and identify any flags or potential data errors. Data points that will be monitored include, at minimum, the following: 1. Duplications of benefits 2. Erroneous payments 3. Recoupments 4. Returned payments 5. Uncleared checks VIII.0 VALIDATION CHECKS City of Miami will select, at minimum, every 100th approved application to collect additional household verification documentation and ensure that program participants are complying with program rules and regulations. IX. DEFINITIONS ERAP. A program designed to assist households who are unable to pay rent and utilities due to the COVID-19 pandemic. Effective: 03'2412021 16 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida Area Median Income (AMI). The midpoint of the region's income distribution, meaning that half of the households in a region earn more than the median and half earn less than the median. Rental arrears. If one or more rent payments have been missed where regular payments are contractually required, the account is in arrears. If rent is not paid, the money owed is called rent arrears. Rent arrears are considered priority debts, which means the consequences of not paying them are serious, such as risk of eviction. Financial hardship. Difficulty in making payments on your rent and utilities when they are due. For the purposes of this program, a significant reduction of income and/or increased expenses. Prospective rent payments. Future rental assistance payments. W-9 tax form. The W-9 is used in the income tax system by a third party who must file an information return with the Internal Revenue Service (IRS). It requests the name, address, and taxpayer identification information of a taxpayer in the form of an SSN or employer identification number. X. ADDENDUM A: INCOME LIMITS The chart below outlines maximum income limits currently in effect for households of up to eight (8) members. FY 2021 Income Limit Category Miami- Miami Beach- Kendall, FL HUD Metro FMR Area 50% Income Limits 80% Income Limts Effective: 03/24/2021 31,650 3 36,200 40,700 50,650 57,850 65,100 48,850 52,450 56,050 Persons in Family 45,200 8 59,700 72,300 78,100 83,900 89,700 95,450 17