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HomeMy WebLinkAbout23592AGREEMENT INFORMATION AGREEMENT NUMBER 23592 NAME/TYPE OF AGREEMENT LEGAL SERVICES OF GREATER MIAMI, INC DESCRIPTION ERA PROGRAM IMPLEMENTATION AGREEMENT/EMERGENCY RENTAL ASSISTANCE PROGRAM/FILE ID: 8549/R-21-0065/#105 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 9/7/2021 DATE RECEIVED FROM ISSUING DEPT. 9/14/2021 NOTE CITY OF MIAMI 9,W( .' DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: _HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: DOLLILA PINKHASOV EXT._2184 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: _LEGAL SERVICS OF GREATER MIAMI, INC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: 8_100,000 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT \g2O /fkeA) PURPOSE OF ITEM (BRIEF SUMMARY): _Pursuant to Resolution R-21-0065, City Commission authorized Sunshine for All, Inc to administer City of Miami Emergency Rental Program. COMMISSION APPROVAL DATE: _2_/_11/_2021 FILE ID: _8549 ENACTMENT NO.: R-21-0065 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11 q/IV PRINT: George e Alfredo Duran E SIGNATURE: 4 ahi SUBMITTED TO RISK MANAGEMENT PRINT: SIGNATURE: SUBMITTED TO CITY ATTORNEY �(j VI \ a1 PRINT: VICTO ME SIGNATURE: 1.Z APPROVAL BY ASSISTANT CITY MANAGER f 111)...1 PRINT: 5 SIGNATURE: RECEIVED BY CITY;MANAGER °i (1 }� Y l PRINT: ART G ;7- 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT - PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT' SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE A�� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 7/20/2021 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency LLC 9850 N.W. 41 st Street Suite 100 Miami FL 33178 NAME: CONTACT Norma Forbes, AAI PHONE FAX (A/C. No, Ext): 561-746-4546 (A/C, No): ADDRESS: Norma.Forbes@MarshMMA.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Associated Industries Insurance Co, Inc 23140 INSURED LEGALSERVI3 Legal Services of Greater Miami 4343 West Flagler Street Suite 100 Miami FL 33134 INSURER B : Ohio Security Insurance Company 24082 INSURER c: Ohio Casualty Insurance Company 24074 INSURERD: INSURERE: INSURER F : VERAGES CERTIFICATE NUMBER: 416646547 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM(DDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y BKS2258896567 • 7/21/2021 7/21/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ Excluded GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS-COMP/OPAGG $2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO OWNED Xy _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY BKS2258896567 ' • ' ... 7/21/2021 7/21/2022 COMBINED(Eaaccident)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE US02258896567 7/21/2021 7/21/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION$ 1n nnn A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLU DED7 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A AWC1166710 5/1/2021 5/1/2022 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an Additional Insured as respects General Liability when required by written contract subject to the term, conditions and exclusions of the policy. Coverage is Primary and Non -Contributory when required by written' contract. The Insured does not own any Autos in the company name. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 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 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/21 /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 be endorsed. If •SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Leavitt Group of Atlanta, Inc. 2200 Century Pkwy Suite 410 Atlanta, GA 30345 CONTACT David Kessler NAME: PHONE at): 202.452.9870 FAX No): 202.452.9879 ADDRESS: d.kessler@nlada.org INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: AIX Specialty Insurance Company 12833 INSURED Legal Services of Greater Miami, Inc. 4343 West Flagler Street, Suite 100 Miami, FL 33134 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : ERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF' INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DDIYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) S MED EXP (Any one person) S CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE POLICYPRO? LIMIT APPLIES PER: n LOC $ AUTOMOBILE LIABILITY _ SCHEDULED AUTOS NON -OWNED AUTOS .i i . COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) II yes, describe under DESCRIPTION OF OPERATIONS below Y / N N 1 A WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE - POLICY LIMIT $ A Lawyers' Professional Liability L1A9145082 10 07/01/2021 07/01/2022 $1,000,000 each claim $1,000,000 in the aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue 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 REPRESENTATIVEbWCd ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Miami Legislation Resolution: R-21-0065 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 8549 Final Action Date: 2/11/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF EMERGENCY RENTAL ASSISTANCE FUNDS IN AN AMOUNT OF $14,130,464.60 FROM THE UNITED STATES DEPARTMENT OF THE TREASURY; FURTHER AUTHORIZING THE ALLOCATION OF SUCH FUNDS AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; APPROVING THE ESTABLISHMENT OF AN EMERGENCY RENTAL ASSISTANCE PROGRAM AS SPECIFIED IN EXHIBIT "B,"ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER T.O NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS. SPONSOR(S): Mayor Francis X. Suarez, Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell, Commissioner Joe Carollo, Commissioner Manolo Reyes, Commissioner Jeffrey Watson WHEREAS, on December 27, 2020, the President of the United States signed a $2.3 trillion omnibus spending and Novel Coronavirus ("COVID-19") relief bill ("Consolidated Appropriations Act, 2021") into law, which included an amount of $25 billion that was allocated to the United States Department of the Treasury ("Treasury") for distribution to states and units of local governments with populations exceeding 200,000; and WHEREAS, on January 6, 2021, the City of Miami ("City") applied for the funds from the Treasury and was awarded an amount of $14,130,464.60, which is to be committed by September 30, 2021 and fully expended by December 31, 2021 ("Funds"); and WHEREAS, the City has established an Emergency Rental Assistance Program as specified in -Exhibit "B," attached and incorporated, for the use of the Funds; and WHEREAS, the'City's Administration recommends the acceptance of the Funds from the Treasury, the allocation of the Funds as described in Exhibit "A," attached and incorporated, and the establishment of an Emergency Rental Assistance Program as specified in Exhibit "B," attached and incorporated; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Funds from the Treasury are accepted. City of Miami Page 1 of 2 File ID: 8549 (Revision:) Printed On: 2/17/2021 File ID: 8549 Enactment Number: R-21-0065 Section 3. The allocation of the Funds as described in Exhibit "A," attached and incorporated, is authorized.' Section 4. The establishment of an Emergency Rental Assistance Program as specified in Exhibit "B," attached and incorporated, in response to the COVID-19 pandemic is authorized.' Section 5. The City Manager is authorized' to negotiate and execute any and all necessary documents, all in forms acceptable to the City Attorney, for said purpose, subject to all federal, state, and local laws that regulate the use of such funds. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: Barnaby L-:'Min, Deputy City Attorney 2/2/2021 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 8549 (Revision:) Printed on: 2/17/2021 CITY OF MIAMI EXHIBIT "A" DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT U.S. Department of the Treasury funds Emergency Rental Assistance Program Allocation DEPARTMENT/AGENCIES DESCRIPTION OF SERVICES FUNDED AMOUNT Department of Housing & Community Development Administration $1,113,046.46 Department of Housing & Community Development Rental and Utility Payments $12,717,418.14 Sunshine for All, Inc. Emergency Rental Assistance Implementation $100,000.00 Neighborhood Housing Services of South Florida Emergency Rental Assistance Implementation $100,000.00 Legal Services of Greater Miami, Inc. Housing Stabilization $100,000.00 Total ERA Program Allocation $14,130,464.60 EXHIBIT "B" CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT EMERGENCY RENTAL ASSISTANCE PROGRAM Program Description: 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") to provide rental and utility relief to residents who has negatively been affected by the coronavirus pandemic. Source of Funding: US Department of the Treasury Amount to be provided: 1. 12 months of rent and utilities to include up to 3 months of prospective rent. 2. Maximum amount per household cannot exceed $24,000. Eligibility 1. Applicant must be City of Miami resident 2. At least one or more individuals of the household must meet the following criteria: i. Qualifies for unemployment or has experienced a reduction in household income, incurred. significant costs, or experienced a financial hardship due to COVID-19; ii. Demonstrates a risk of experiencing homelessness or housing instability; and iii. Has a household income at or below 80 percent of the area median. Priority The following households will be given priority as per statute: 1. Households that include an individual who has been unemployed for 90 days or more prior to application for assistance. 2. Households with income at or below 50 percent of the area median Application Funds can be applied by: 1. An eligible household 2. A landlord on behalf of an eligible household Page 1 of 2 Required Documents: • State of Florida issued photo ID for all adult household members (age 18 and up) • Proof that a member of the applicant household lost his/her job or had a reduction in income after March 1, 2020. • Copy of current, executed lease agreement (signed by landlord and renter) • Proof of household income for all adult household members: o Pay -stubs o Unemployment benefits o Profit and Toss statement for self-employed o Affidavit of no -income for those without any income o Social Security award statement • Copies of Utility Bill (water, electricity, gas etc) if payment is required. Application Process 1. Applications for the ERA can be submitted through the following: a. Online b. Paper application 2. Irrespective of the method of application, applicants will be required to submit complete documents online, by mail or through the department's drop box before the application will be processed. 3. Applications will be processed on first come, first ready, first serve. Payments All funds will be paid directly to the landlord and/or utility company except in cases where the landlord or utility company is unwilling to participate in the program in which case the payment can be made directly to the tenant as per regulations. Page 2 of 2 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), & ; !Legal Services of Greater Miami,_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 . .1 } PROJECT NUMBER: DUNS® NUMBER: AGENCY'S ADDRESS: 0873561270000. 14343 West Flagler Street, Suite 100 • }Miami, FL 33134.- 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 so that PROVIDER can provide legal assistance to City residents who have negatively been affected by the coronavirus pandemic and are at -risk of being evicted; 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 Income Person: A member of a low- or moderate -income household whose income is within specific income levels set forth by the United States Department of Housing and Urban Development. 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 should list 3 measurable objectives, define the who, what, where and when of the services and/or 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 (if applicable) 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 4 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 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 (as applicable) 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. 5 ■ 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. • 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 6 Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with 2 CFR 200.514 "Scope of Audit", except when the 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 the requirements of 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. 8 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies and Procedures, including Resolution No. 21-0065, the Administrative Plan, and the Act, and that such information is provided in the form required. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with 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 9 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 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. 10 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 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 reported to 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, including 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, including 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 11 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. 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, 12 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: (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. 13 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. 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 14 (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 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: 15 (i) Ineffective or improper use of the ERA Funds by the PROVIDER; (ii) Failure by the PROVIDER to comply with any term or provision of this Agreement; (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 Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the 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 Depai liiient 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 16 certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The 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. 17 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the 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 18 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the 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 Legal Services of Greater Miami, Inc. 4343 West Flagler Street, Suite 100 Miami, FL 33134 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. 19 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.11.6 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 20 identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. 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 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: PROVIDER Legal Services of Greater Miami, Inc. 4343 West Flagler Street Miami, Florida 33134 a Florida not -for -profit corporation ATTEST: 0.4Notary Public State of Florida , Amparo 0, Tojelro My Commission HH 106799 or K Expires 03/21/2025 Name: ' Date: Name. Monica Vigues-Pitan 7/22/2021 Am,-aro Tojeiro Title: Executive Director Title: Legal Secretary CITY OF MIAMI, a municipal Corporation of the State of Florida -f a\ Arthu ori: ga Date City Manage APPROVED AS TO INSURANCE REQUIREMENTS Digitally signed by Gomez, Frank Gomez Frank Dale: 2021.07.28 11:33:15 -0000• Ann -Marie Sharpe Risk Management Date: Corporate Seal: ATTEST: Todd B. Hann City Clerk Date: 7/22/2021 Date. /aO t APPROVED AS TO FORM AND CORRECTNESS: ctoria Mendez City Attorney Pate: 22 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: PROVIDER Legal Services of Greater Miami, Inc. 4343 West Flagler Street Miami, Florida 33134 a Florida not -for -profit corporation ATTEST: SAW N,/ Notary Public State of Florida Amparo 0. Tojeiro v My Commission HH 108799 1.4o' �° Expires 03/21/2025 Name: ' Date: Name. Monica Vigues-Pitan 7/22/2021 Am ► aro Tojeiro Title: Executive Director Title: Legal Secretary Corporate Seal: CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida Arthur Noriega V. City Manager Date: Date: 7/22/2021 • • Todd B. Hannon City Clerk Date: APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS: Ann -Marie Sharpe Risk Management Date: Victoria Mendez Date: City Attorney 22 Exhibit A. Corporate Resolution Authorizing Execution of this Agreement CERTIFICATE OF CORPORATE RESOLUTIONS, CORPORATE STATUS AND INCUMBENCY OF Legal Services of Greater Miami, Inc.. a Florida Not for Profit Corporation The undersigned, as President/ Chair of the Board of Legal Services of Greater Miami, Inc., a Florida corporation (the "Corporation"), hereby certifies that: 1. The Corporation is a duly formed, validly existing corporation in good standing under the laws of the State of Florida. 2. By the unanimous written consent of the Executive Committee of the board of directors of the Corporation, the following resolutions were unanimously adopted as of July 19th, 2021, and the same have not been revoked, cancelled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, Legal Services of Greater Miami, Inc., a Florida Not for Profit Corporation, (the "Corporation") has been awarded a contract ("the Contract"), for the provision of legal assistance to City of Miami (the "City") residents who have negatively been affected by the coronavirus pandemic and are at risk of being evicted, in the total amount of $100,000. 'WHEREAS, the Corporation desires to fulfill its contractual responsibilities and accomplish the objectives in the Contract's Scope of Services; WHEREAS, a quorum was present via email and voted for passage of these resolutions, NOW, THEREFORE, BE IT RESOLVED, that the Corporation, on its own behalf, approves the Contract. FURTHER RESOLVED, that the Corporation ratifies the execution of the contract by and between the Corporation and the City. FURTHER RESOLVED, that the Corporation hereby authorizes the execution and delivery of the Contract and all attachments required to be executed and delivered by the Corporation in connection with the Contract, which are necessary or appropriate to consummate the Contract. FURTHER RESOLVED, that the President, the Vice President, the Secretary, any other officer of the Corporation or any other duly authorized representative employed by the Corporation listed below, acting alone in either case, with full power of substitution, be and hereby is authorized to execute and deliver, and the Secretary of the Corporation is hereby authorized to (but is not required to) affix the seal of the Corporation to and attest the same upon the Contract, but with such modifications and additional provisions as the officer of the Corporation executing the same may deem advisable. All of the documents executed and delivered as aforesaid shall be and constitute the acts and obligations of the Corporation. FURTHER RESOLVED, that the Corporation hereby ratifies and confirms the acts of its officer or duly authorized representative employed by the Corporation executing and delivering all such documents and instruments, including but not limited to: the Contract, any amendments, payments requests and budget modifications attendant to the Contract, regardless of whether such acts were performed before or subsequent to the date of the adoption of this Resolution. FURTHER RESOLVED, that the Corporation directs its officers and employees to perform all of the Corporation's obligations and undertakings under the Contract. FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Corporation and the City, until receipt of written notice of any change therein. 3. The following persons are hereby authorized by the Corporation to execute and deliver all such documents and instruments related to the Contract, including but not limited to: any amendments, payments requests and budget modifications attendant to the Contract, regardless of whether such acts were performed before or subsequent to the date of the adoption of this Resolution. NAME TITLE Manuel Dobrinsky Board President Monica Vigues-Pitan Executive Director IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the Corporation's corporate seal as of the 19th day of July, 2021.. Na olanda Delvi Tit'e: Executive Assistant Corporate Seal OR Notary Seal/Stamp: -2- Exhibit B. Scope of Services EXHIBIT B SCOPE OF SERVICE Intended Project Impact. Increase housing stability for the City of Miami's low to moderate - income rental households who are unable to pay rent and utilities due to COVID-19 pandemic. Timeline. This is a one year Project and begins on the date that the City Clerk signs the Agreement. Project Staff. Project services will be delivered by the following staff: Project Attorney 1. Staff attorney assigned to the Tenants' Rights Project will devote 50% time to the delivery of Project services. Project Attorney 2. Staff attorney assigned to the Tenants' Rights Project will devote 25% time to the delivery of Project services. Senior Staff Attorney. Senior Staff Attorney assigned to the Tenants' Rights Project will devote 5% time to the delivery of Project services including oversight of case assignment and determination of client eligibility to receive Project services. Senior Staff Attorney. Senior Staff Attorney assigned to the Tenants' Rights Project will devote 10% time to the delivery of Project services including supervision of Project Attorney 1. Project Supervisor. Tenants' Rights' Project Advocacy Director will devote 3% time to the delivery of Project services including oversight and supervision of Project staff. Substantive Paralegal. Substantive Paralegal assigned to the Tenants' Rights Project will devote 10% of time to supporting the attorneys in the delivery of direct client services including for example interviewing clients, case investigation, and drafting documents. Administrative Staff. The Deputy Director of Advocacy and Programs and Chief Information Officer will be responsible for programmatic and fiscal grant compliance, data collection and reporting. Service Delivery Location. Project services will be provided at Legal Services of Greater Miami, Inc. office located at 4343 W. Flagler Street, Suite 100, Miami, FL 33134. Project services will be also provided at courthouses, administrative agencies, and community locations as required to deliver Project services and if necessary to accommodate clients' and applicants' access to Project services. In addition to walking into the office to apply for services once COVID-19 restrictions are lifted, individuals may call the office at 305-576-0080, or apply online at www.legalservicesmiami.org. Service Hours Office hours are Monday -Friday between the hours of 9:00 a.m. to 5:00 p.m., however, days and hours may be modified to accommodate the needs of individual clients or as required to attend court, hearings, and outreach/education events. Client walk-in intake hours are: Monday and Wednesday 9:00 a.m.-12:00 p.m. Currently walk-in intake is suspended due to COVID-19 restrictions. Walk-in intake will resume pending the lifting of restrictions. Client telephone intake hours are: Monday and Wednesday 9:00 a.m. — 12:00 p.m. and 1:30 p.m. — 4:30 p.m. Tuesday and Thursday 1: 30 p.m. —4:30 p.m. Client on-line intake hours are: 24 hours a day 7 days a week. Eligible Project Participants. Low to moderate -income renter households residing in the City of Miami who are unable to pay rent and utilities due to the COVID-19 pandemic. An eligible household is 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 COVI D-19, 2. Demonstrates a risk of experiencing homelessness or housing instability; and 3. Has a household income at or below 80% of the area median. Determining Eligibility. Client eligibility will be established in compliance with the federal requirements of the Emergency Rental Assistance Program and the City of Miami's Program Guidelines. Objectives, Activities, and Milestones Objectives 1 Objectives 1 Activities Objectives 1 Milestones 100 cases calculated to achieve Project Impact. Provide the full range of civil legal assistance and representation including legal advice, referrals, legal information, brief legal services, case investigation, client and third party communication, case investigation, legal research, negotiation, and representation before administrative, trial, and appellate courts. Quarter 1 (Months 1— 3). Establish Project protocols, including procedures to establish client eligibility, identify data collection and reporting requirements, and modify case management system to collect and report required data. Open cases for 25 Project clients and provide Project services calculated to achieve Project impact. Quarter 2 (Months 4-6). Open cases for 25 Project clients and provide Project services calculated to achieve Project impact. Continue to provide legal services to Project clients in cases opened in previous quarter. Assess progress meeting Objective 1. Modify Project plan as may be required to achieve Project Objective 1. Quarter 3 (Months 7-9) Open cases for 25 Project clients and provide Project services calculated to achieve Project impact. Continue to provide legal services to Project clients in cases opened in previous quarter. Assess progress meeting Objective 1. Modify Project plan as may be required to achieve Project Objective 1. Quarter 4 (Months 10-12) Open cases for 25 Project clients and provide Project services calculated to achieve Project impact. Continue to provide legal services to Project clients in cases opened in previous quarter. Objectives 2 Objectives 2 Activities Objectives 2 Milestones Develop, prepare, and Develop schedule and logistics to conduct in -person and virtual outreach and Quarter 1 (Months 1— 3) Conduct 1 outreach/education event. present 4 training events. outreach and Administer survey and analyze results. education Publicize events. events to Quarter 2 (Months 4-6) increase capacity of Develop procedures to track registration, attendance, and participation. Conduct 1 outreach/education event. eligible renter Administer survey and analyze results. households to Develop outreach and education event achieve financial content and materials, including surveys Quarter 3 (Months 7-9) and housing to measure change in understanding of Conduct 1 outreach/education event. stability and to content. access Project Administer survey and analyze results. services. Conduct outreach and education events. Quarter 4 (Months 10-12) Administer and analyze survey results. Conduct 1 outreach/education event. Administer survey and analyze results. Exhibit C. Compensation and Budget Summary CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT ITEMIZED BUDGET NARRATIVE Agency: Legal Services of Greater Miami, Inc Period: September 1, 2021- August 31, 2022 Funding Source: Emergency Rental Assistance Program ITEM DESCRIPTION AMOUNT Staff Attorney .5 FTE Staff Attorney salary and benefits to deliver Project services. $35,800 Staff Attorney .25 FTE Staff Attorney salary and benefits to deliver Project services $15,124 Senior Attorney .1 FTE Senior Staff Attorney salary and benefits to deliver & supervise delivery of Project services. $9,210 Senior Attorney .05 FTE Senior Staff Attorney salary and benefits to deliver Project services and oversee case assignment and client eligibility determinations $5,247 Advocacy Director .03 Advocacy Director salary and benefits to deliver Project services and $3201 supervise Project staff $3,201 Substantive Paralegal .1 FTE Substantive Paralegal salary and benefits to support attorneys deliver Project services $4,677 Fringe Benefits Fringe cost is calculated at a rate of approximately 21% of total salary, and includes FICA at 7.65%, retirement benefits, unemployment, worker's compensation, and health insurance premiums. $15,715 Litigation Litigation costs such as filing fees, court reporters, transcription, record and discovery costs required for representation of Project clients $3,000 Training Training costs incurred by Project staff directly related to the delivery of Project services to clients and required to maintain licensure necessary to deliver Project services. $1,500 Travel Travel costs incurred in the delivery of Project services including mileage reimbursed at the IRS approved rate, parking and tolls. Includes travel costs required to attend court hearings, depositions, off -site meetings with clients, etc. $900 TOTAL: $94,374.00 CITY OF MIAMI DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT STAFF SALARY SCHEDULE Agency: Legal Services of Greater Miami, Inc Funding Source: Department of Housing and Community Development Period Covering: September 1, 2021-August 31, 2022 Employee Name Position Title Social Last Ethnicity Type of Employee Pt/Ft Period Budgeted Pay Periods Annual Gross Salary Total Salary Per Pay Period Percent of Salary Charged to City Total Amount Charged to city Feeurity Margaret Moores Deputy Director Hispanic FT 9/1/2021- 8/31/2023 26 $119,700 $4,604 1% $1,507 Total: $4,632.00 BUDGET FORM II 1 OF 1 Agency: Legal Services of Greater Miami, Inc Period Covering: Funding Source: Department of Housing and Community Development September 1, 2021-August 31, 2022 Employee Name Position Title Social Security (Last ive) Ethnicity Type of Employee Pt/Ft Period Budgeted Pay Periods Annual Gross Salary Total Salary Per Pay Period Percent of Salary Charged to City Total Amount Charged to City Nerlande Joseph Staff Attorney Black FT 9/ 1 /2021- 8/31/2027 26 $46,774 $1,799 10.00% $4,677 Total: $73,259 Exhibit D. Certification Regarding Lobbying Form 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 certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Representativ; Sig :ture: July 22, 2021 Print Name: Monica Vigues-Pitan ' Date Title: Executive Director STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 22nd day of July 2021 by Monica Vigues-Pitan of Le ervices of G eater M. a not -for -profit corporation, on behalf of the corporation. He ersonally known to me or has produced as identi on. 1 [Notary Seal]: Notary Public State of Florida Amparo 0. Tojeiro My Commission HH 108799 Expires 03/21/2025 Signatu e of Notary Exhibit E. Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and 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 judgement 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. Authorized Representatj e gnature: Print Name: Monica Vigues-Pitan Title: Executive Director July 22, 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 22nd day Monica Vigues-Pitan of a not -for -profit corporation, on behalf of the corporation. He/shji.ersonally known to me or has produced as identifica of July U .u/ 2021 by [Notary Seal]: ovsf "ve Notary Public State of Florida Amparo O. Tojeiro My Commission HH 106799 'loin, Expires 03/21/2025 ature o n Notary Exhibit F. Crime Entity Affidavit EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Miami by Monica Vigues-Pitan, Executive Director (Print this individual's name and title) for Legal Services of Greater Miami, Inc. (Print name of entity submitting statements) whose business address is 4343 W. Flagler Street Suite 100, Miami, FL 33134 and if applicable is Federal Employer Identification Number (FEIN) is 59-1227481 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, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract ands 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 tern "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. (Pleaseindicate with an "X" 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 whoare active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a.public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative Sign: Print Name: Monica Vigues-Pitan Title: Executive Director July 22, 2021 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of EJ physical presence or ❑ online notarization, Monica Vigues-Pitan a not -for -profit me or has produced [Notary Seal]: this 22nd day of Jul of Le. al Services of Greater Mi corporation, on behalf of the corporation. He/soh., as idenf i %,� :9GICI444?6. • IA - OF A0� Notary Public State of Florida Amparo 0. Tojeiro My Commission HH 108799 Expires 03/21/2025 20 21 by Sig$atu of Notary Exhibit G. Insurance Requirements Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & 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,kU derground Hazard (If Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability Example. "The City of Miami is named additional insured on the general 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 Example. "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 V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2nd Avenue Miami, FL 33130 'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAYBE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM" 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 insurancepolicies 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. uthorized Representative S. re: Print Name: onica Vigues-Pitan Title: Executive Director July 22, 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 22nd day of Jul 20 21 by Monica Vigues-Pitan of Leal Services of Greater a not -for -profit corporation, on behalf of the corporation. He/ me or has produced as identif [Notary Seal]: Notary Public StAte of Florida Amparo O. Tojeiro My Commission HH 106799 Expires 03/21/2025 ture Notary EXHIBIT H ADMINISTRATIVE PLAN: EMERGENCY RENTAL ASSISTANCE PROGRAM The City of Miami, Florida. VERSION 1.0 2.0 3.0 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida DOCUMENT REVISION HISTORY 03/24/2021 Original Version N/A 05/04/2021 Updated Removed $15,000 cap on assets, per discussion with City of Miami 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 II.B.1 501(k)(3)(C) Income Determination 7 11.13.2 City of Miami Policy 7 II,C 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 10 111.13.2 City of Miami Policy 10 111.0 Types of Assistance 10 III.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 1V.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: 03/24/2021 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 ILA II.A.1 HOUSEHOLD ELIGIBILITY 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.1) 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 1 Addendum A — Income Limits Effective: 03/24/2021 5 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 ILA 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. (I.A.2.1 Qualifies for Unemployment Qualifies for unemployment (Section II.A.1) 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 1 Addendum A — Income Limits Effective: 03/24/2021 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 COVID-19 2. Expenses incurred due to quarantining or social distancing as mandated by employer (computer equipment, internet 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 foiiii These costs may be verified with medical bills, receipts, payment statements, bank or credit card statements, or other documentation. Effective: 03/24/2 021 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 II.B.1 501(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. 113.2 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,C 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.meiissa.com/ Effective: 03/24/2021 8 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida I1.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. 11.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. 11.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 I II.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: 03/24/2021 10 Administrative Plan Emergency Rental Assistance Program City of Miami, Florida 4. Summary process summons and complaint identifying the applieant(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. 1 I1.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. 111.C.3 PROSPECTIVE RENT PAYMENTS 111.C.3.1 501(c)(2)(B)(ili) 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. II1.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 teams 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: 03/24/2021 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: 03/241 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-clay 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 fiends 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: 03/24/2021 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 I Persons in Family Miami- Miami Beach- Kendall, FL HUD MetroFMRArea 50% Income Limits 31,650 36,200 40,700 _ 45,200 ` 48,850 52,450 i 56,050 59,700 t 80% Income Limts l 50,650 L 57,850 j 65,100 I 72,300 , 78,100 i 83,900 89,700 i 95,450 d3S i 1IZ Effective: 03/24/2021 17