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Block Grant Agreement with Neighborhood Housing Services of South Florida, Inc , Z022.-. 32188 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FISCAL YEAR 2022 • BETWEEN THE CITY OF MIAMI BEACH AND NEIGHBORHOOD HOUSINGSERVICES OF SOUTH FLORIDA, INC. MAR 1 20?.3 This CDBG Agreement ("Agreement") made and entered into this day of , 2022, by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as"City"), and NEIGHBORHOOD HOUSING SERVICES OF SOUTH FLORIDA, INC., a Florida not-for profit corporation, having its principal office at 300 NW 12 AVE, Miami, FL, 33128 (hereinafter referred to as "Sub-Recipient"). WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME Investment Partnership programs (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS,on January 20, 2022,the Mayor and City Commission adopted Resolution No. 2022-31980, approving the issuance of Request for Proposals (RFP)for the FY 2022 CDBG and HOME funding allocation; and WHEREAS, the Administration reviewed RFP submissions to ensure that projects align with the needs identified in the 2018-2022 Consolidated Plan; and WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low- and moderate- income residents; and WHEREAS, on June 22, 2022, the Mayor and City Commission adopted Resolution No. 2022-32188, approving the One-Year Action Plan for Federal Funds for FY 2022, allocating CDBG funds in the amount of SEVENTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($75,500.00) for HUD- Approved Homeownership Classes and Counseling to be provided by the Sub-Recipient as a public service("Program"); and WHEREAS, the One-Year Action Plan for FY 2022 was made available to the public for a 30-day public review and comment period from June 6, 2022 through July 5, 2022; and NOW,THEREFORE, in consideration of the mutual benefits contained herein,the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six(6)exhibits, all of which are attached and incorporated in this Agreement: • Exhibit A-Scope of Services • Exhibit B-Documentation • Exhibit C- Budget • Exhibit D - Financial Management for CDBG-funded activities • Exhibit E- Report Forms • Exhibit F- Monitoring Tool Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in accordance with Exhibits A and B, which Project is summarized as follows: 1 of 31 NEIGHBORHOOD HOUSING SERVICES OF SOUTH FLORIDA, INC. To provide HUD-Approved Homeownership Classes and Counseling for low to moderate income (LMI) first time homebuyers in the City of Miami Beach. NHSSF's program addresses an urgent housing crisis and is geared towards mortgage readiness, homeownership, and financial capability to include budgeting and saving. Section 3. Agreement Amount: The City agrees to make available Community Development Block Grant (CDBG) funds, in the amount of SEVENTY-FIVE THOUSAND FIVE HUNDRED DOLLARS ($75,500.00) for use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit C—Budget following the rules for Financial Management for CDBG Funded Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the"Funds"). Section 4. Alterations: Any proposed changes in the Project including,without limitation,the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Reporting,Requirements and Method of Payment: In compliance with 24 CFR§570.503 (b)(2), Sub-Recipient shall submit Financial and Progress reports as indicated in Exhibit A -describing the progress made by the Sub-Recipient in achieving the objectives identified in Exhibit A—Scope of Services. As part of the final report submitted, the Sub-Recipient also agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures,and including, but not limited to, performance data and client feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment of the reporting requirement. Other reporting requirements may be required by the City Manager in the event of Program changes; the need for additional information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. The Sub-Recipient shall be informed, in writing, if any changes become necessary. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit C — Budget and in accordance with performance. Section 6. Monitoring: In compliance with 2 CFR§200.331 (d)and(e), at its discretion,the City may monitor the Sub-Recipient to evaluate the progress of the Program and provide technical assistance. The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non-production of said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement, which termination shall be effective as of the date that it is determined by the City Manager, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Sub-Recipient agrees that it will not look to, nor seek to hold the City, nor any individual member of the City Commission and/or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Sub-Recipient under the terms of this Agreement. 2 of 31 Section 8. Compliance with Local, State, and Federal Regulations-The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration as described in 24 CFR Part 570 and 2 CFR Part 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR Part 570, Subpart K— Other Program Requirements, as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local (City and County) applicable laws and ordinances. It shall be the Sub-Recipient's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the CDBG Program. "Benefits" under this section means financial assistance, public services, jobs, and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Section 11. Term: This Agreement shall commence on February 1, 2023 and shall terminate on September 30, 2023 (the Term), with the understanding that at the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. Section 12. Termination of Agreement: 12.1 Termination for Convenience: This Agreement may be terminated by the City, for convenience and without cause, through the City Manager, upon 30 days prior written notice to Sub-Recipient. In the event of such termination for convenience, the City shall cease any payments to Sub-Recipient for costs resulting from obligations which were not approved before the effective date of termination. Sub- Recipient shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible for submitting a final report, as provided in Section 5 hereof, (detailing all Program objectives, activities, and expenditures up to the effective date of the termination). Said final report shall be due within five(5)working days following the effective date of termination. Upon timely receipt of Sub-Recipient's final report,the City,at its sole discretion, shall determine the amount(if any)of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Project items, and shall provide Sub-Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County, or City law or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. 3 of 31 c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period, which shall be no less than thirty(30)days from notification date with respect to Subsections 12.2(a),(b),and(d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated cure period, this Agreement shall be considered terminated for cause, without requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Sub-Recipient,as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the termination for cause, as described in this section, shall be effective upon receipt of the termination notice, without the opportunity to cure said default. Additionally, if Sub-Recipient has committed similar defaults under Subsections 12.2(a), (b), and (d), on two or more occasions during the term of the Agreement, the termination for cause, as described in this section, shall be effective as of the date the second notice is sent to Sub-Recipient by the City, without the opportunity to cure said default. 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the Sub-Recipient incurred after termination are not allowable unless expressly authorized in writing by the City Manager(whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination,were not in anticipation of it,and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR Part 200, Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 CFR§§12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4 of 31 Unless otherwise required by applicable laws, in connection with performance of the Services, the Sub-Recipient shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income, or family status. Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in the employment, housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. Section 14. Program Income:The Sub-Recipient shall report monthly all program income(as defined at 24 CFR §570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR§570.504. By way of further limitations, the Sub-Recipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Term.Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR §570.200(j). The Sub-Recipient shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct CDBG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the City (whether under this Agreement, or at law or in equity),the Sub-Recipient shall immediately transfer to the City any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds 5 of 31 on hand at the time of termination, shall not waive the City's right (nor excuse Sub- Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem necessary. Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including those set forth below and the applicable Uniform Administrative Requirements set forth in 24 CFR §570.502, as amended by 2 CFR Part 200 and applicable Federal laws and regulations in 24 CFR §570.600, et seq. as now in effect and as may be amended from time to time. In this regard, the Sub-Recipient agrees that duly authorized representatives of HUD shall have access to any books, documents, papers, and records of the Sub- Recipient that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. a. Subpart A-"Acronyms and Definitions" b. Subpart B-General Provisions c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards" d. Subpart D - "Post-Federal Award Requirements", except for §§200.305, 200.306, 200.307, 200.308, 200.311 of 2 CFR Part 200 as detailed below: 1) "Payment" is modified for lump sum drawdown for financing of property rehabilitation activities, in accordance with 24 CFR§ 570.513. 2) "Program Income" is governed by 24 CFR§570.504 3) "Real Property" does not apply, except as provided in §570.200(j). Real property is governed by 24 CFR§570.505. 4) "Equipment" CDBG Sub-Recipients shall follow Section 2 CFR §200.313, except that when the equipment is sold, the proceeds shall be program income. Equipment not needed by the Sub-Recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 5) Section 2 CFR§200.334"Retention requirements for records"applies except that: For Sub-Recipients: i. The retention period for individual CDBG activities shall be the longer of five (5) years after the expiration or termination of the Sub-Recipient agreement under 24 CFR§570.503, or five(5)years after the submission of the annual performance and evaluation report, as prescribed in 24 CFR §91.520 of this title, in which the specific activity is reported on for the final time; ii. Records for individual activities subject to the reversion of assets provisions at 24 CFR §570.503(b)(7) or change of use provisions at 24 CFR §570.505 must be maintained for as long as those provisions continue to apply to the activity; and iii. Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied. 6 of 31 6) Section 2 CFR§200.344"Closeout" City will close-out the Federal award when it determines that all applicable administrative actions and all required work of the Federal award have been completed by the Sub-Recipient. The following actions must take place to complete this process at the end of the Term. i. The Sub-Recipient must submit, no later than 30 calendar days after the end date of the Term, all financial, accomplishment, performance, and other reports as required by the terms and conditions of this Agreement. City may approve extensions when requested by the Sub-Recipient. ii. Unless City authorizes an extension, Sub-Recipient must liquidate all obligations incurred under this Agreement no later than 60 calendar days after the end date of the Term as specified in the terms and conditions of this Agreement. iii. City must make prompt payments to the Sub-Recipient for allowable reimbursable costs under this Agreement, meeting the requirements of Subpart E (2 CFR§§200.400—200.476) prior to being closeout. iv. Sub-Recipient must promptly refund any balances of unobligated cash that City paid in advance or paid and that are not authorized to be retained by the Sub-Recipient for use in other projects. See OMB Circular A-129 and see 2 CFR §200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts. v. Consistent with the terms and conditions of the Agreement, City must make a settlement for any upward or downward adjustments to the Federal share of costs after closeout reports are received. vi. Sub-Recipient must account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 CFR§200.310(Insurance coverage)through§200.316 (Property Trust Relationship) and §200.329 (Monitoring and reporting program performance). vii. City should complete all closeout actions for Federal awards no later than one year after receipt and acceptance of all required final reports. Section 18. Sponsorships:The Sub-Recipient agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the Program, research reports, and similar public notices prepared and released by the Sub-Recipient for, on behalf of, and/or about the Project, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Sub-Recipient. 7 of 31 Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in accordance with 24 CFR§§ 570.502, 570.503(b)(2)and 570.506 to determine compliance with the requirements of this Agreement, the CDBG Program, and all other applicable laws and regulations.This documentation shall include, but not be limited to, the following: a. Books, records, and documents in accordance with generally accepted accounting principles, procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement; b. Time sheets for split-funded employees,which work on more than one activity, in order to record the CDBG activity delivery cost by Program and the non-CDBG related charges; and c. How the Statutory National Objective(s) as defined in 24 CFR §570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR §570.209, income certifications, and written Agreements with beneficiaries, where applicable. The Sub-Recipient is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent, and secured location for a period of five (5) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claims, or audit findings involving these records are resolved.The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 20. Audits and Inspections: a. At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Sub-Recipient shall make available all records, documentation, and any other data relating to all matters covered by the Agreement,for review, inspection or audit. In compliance with 2 CFR Part 200, Subpart F-Audit Requirements, if Sub-Recipient expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards, the Sub-Recipient must have a single or program-specific audit conducted for that year in accordance with the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. b. Inspector General Audit Rights 1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections, and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and proposed City programs, accounts, 8 of 31 records, contracts, and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses, and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget, and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect, and review operations, activities, performance, and procurement process including, but not limited to, project design, bid specifications, (bid/proposal) submittals, and activities of the Sub-Recipient, its officers, agents, and employees, lobbyists, City staff, and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient shall make all requested records and documents available to the Inspector General for inspection and copying.The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect, and review operations activities, performance, and procurement process including, but not limited to, project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient, its officers, agents, and employees, lobbyists, City staff, and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4) The Inspector General shall have the right to inspect and copy all documents and records in the Sub-Recipient's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to, original estimate files, change order estimate files, worksheets, proposals, and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade, or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 5) The Sub-Recipient shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Sub-Recipient shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Sub-Recipient shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 6) The provisions in this section shall apply to the Sub-Recipient, its officers, agents, employees, subcontractors, and suppliers. The Sub-Recipient shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Sub-Recipient in connection with the performance of this Agreement. 9 of 31 7) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Sub- Recipient or third parties. Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees, and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence, or misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement and/or the Project. The Sub-Recipient shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorney's fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. The Sub-Recipient shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit(i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles, with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Professional Liability (Errors & Omissions) Insurance appropriate to the Consultant's profession, with limit no less than $1,000,000. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. 10 of 31 Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation = Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this • provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. • Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members,of the • . Florida Insurance Funds•(i.e..FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the.State of Florida. Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to.be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves 'the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 ' New York,NY 10163-4668 Kindly submit all certificates of insurance, endorsements,'exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach anriskworks.cbm Special'Risks or Circumstances -The City of Miami Beach reserves the right to modify these requirements, including limits, based on the. nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently 'exercises any functions or responsibilities in connection with Community Development Block Grant (CDBG) funded activities has any personal financial interests, direct or indirect,in this Agreement. The Sub-Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub- Recipient covenants that it will comply with all.provisions of 24:CFR§570.611 "Conflict of Interest", and State, County, and City of Miami Beach statutes, regulations, ordinances,or resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions.. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. 11 of 31 Section 23. Venue: This Agreement shall be governed by, and construed in accordance with,the laws of the State of Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court. BY ENTERING INTO THIS AGREEMENT, CITY AND SUB-RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF,ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Alba Tarre, Department Director Office of Housing and Community Services Care of: Office of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Sub-Recipient: Kimberly Tareta Henderson, Executive Director Neighborhood Housing Services of South Florida, Inc. 300 NW 12 AVE Miami, Florida 33128 In the event that the Sub-Recipient changes the Executive Director during the term of the Agreement, such change must be notified in writing to the City within 15 days of such change. Section 25. Limitation of Liability: The City desires to enter into this Agreement only if, in so doing, the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this.Agreement, so that its liability for any such breach never exceeds the sum of$5,000.00. Sub-Recipient hereby expresses its willingness to enter into.this Agreement with Sub-Recipient's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$5,000.00. Accordingly,Sub-Recipient hereby agrees that the City shall not be liable to Sub-Recipient for damages in an amount in excess of $5,000.00, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes Section 768.28. Section 26. Florida Public Records Law: a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), Florida Statutes, which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701, Florida Statutes, if the Sub-Recipient meets the definition of"Contractor"as defined in Section 119.0701(1)(a),the Sub-Recipient shall: 12 of 31 1) Keep and maintain public records required by the City to perform the service; 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement, if the Sub-Recipient does not transfer the records to the City; 4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Sub-Recipient or keep and maintain public records required by the City to perform the service. If the Sub-Recipient transfers all public records to the City upon completion of the Agreement, the Sub-Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the Agreement, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. d. Request for Records; Noncompliance 1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Sub-Recipient of the request, and the Sub-Recipient must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2) Sub-Recipient's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (i)unilaterally terminate the Agreement; (ii) avail itself of the remedies set forth under the Agreement; and/or(iii)avail itself of any available remedies at law or in equity. 3) A Sub-Recipient who fails to provide the public records to the City within a reasonable time may be subject to penalties under§119.10, Florida Statutes. e. Civil Action 1) If a civil action is filed against a Sub-Recipient to compel production of public records relating to the City's contract for services,the court shall assess and award against the Sub-Recipient the reasonable costs of enforcement, including reasonable attorneys'fees,if: i. The court determines that the Sub-Recipient unlawfully refused to comply with the public records request within a reasonable time; and ii. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Sub- Recipient has not complied with the request, to the City and to the Sub- Recipient. 2) A notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of 13 of 31 public records and to the Sub-Recipient at the Sub-Recipient's address listed on its contract with the City or to the Sub-Recipient's registered-agent. Such notices must be sent by common carrier delivery service or by registered,-Global Express Guaranteed,or certified mail,with postage or.shipping paid by the sender and with . evidence of delivery, which may be in an electronic format. • 3) A Sub-Recipient who complies with :a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 . • E-MAIL: RAFAELGRANADOaMIAMIBEACHFL.GOV PHONE: 305-673-7411 Section 27. E-Verify 27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"("E-Verify Statute"), as maybe amended from time to time. Pursuant to the E-Verify Statute,commencing on January 1, 2021, Sub-Recipient shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during.the.Term of the Agreement. Additionally, Sub-Recipient shall-expressly require .any approved subcontractor performing work or providing services pursuant. to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Sub-Recipient enters into a contract with an approved subcontractor, the subcontractor must provide the Sub-Recipient with an affidavit stating that the subcontractor does not • employ, contract with, or subcontract with an:unauthorized alien. Sub-Recipient shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 27.2 .Termination Rights. a: If the City has a good faith belief that Sub-Recipient has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with • .Sub-Recipient for cause, and City shall thereafter have or owe no further obligation or liability to Sub-Recipient. b. . If the City has a good faith belief that a subcontractor has knowingly violated Section 27.1 of this Agreement, but the Sub-Recipient otherwise complied with such section, the City will promptly notifythe.Sub-Recipient and order the Sub- Recipient to immediately terminate the agreement with the subcontractor. Sub- • Recipient's failure to terminate a subcontractor'shall be an event of default under this Agreement, entitling City to terminate the Sub-Recipient's Agreement for cause. 14 of 31 c. A contract terminated under the foregoing Subparagraphs (a) or (b) is not in breach of contract and may not be considered as such. d. The City or Sub-Recipient or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (a)or(b)no later than 20 calendar days after the date on which the contract was terminated. e. If the City terminates the Agreement with Sub-Recipient under the foregoing Subparagraph (a), Sub-Recipient may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. Sub-Recipient is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. Section 28. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. [SIGNATURES TO FOLLOW] 15 of 31 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. NEIGHBORHOOD HOUSING SERVICES OF SOUTH FLORIDA, INC. a Florida not-for-profit corporation 1 ATTEST: ( / r iq�,,o ..... i itit ()-ty - ' Secr . Signature 4 6,4 ,61 l I3 ro Li I Kimberly Tareta Henderson, Executive Director Print Name Print Name and Title 0310 t 12o7-3 Date CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation ATTEST: ` Signature d na ure Rafael E. Granado, City Clerk Alina T. Hudak, City Manager Print Name Print Name MAR Date 20 _\PMI•g .c/ 1 IIIINCORP RATED' RC•H..26 ti APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION I; ' WAL % 94 a c City Attorney �, Date f l vim, 16 of 31 EXHIBIT"A" "SCOPE OF SERVICES" Statement of Work: In compliance with 24 CFR 570.503(b)(1), Sub-Recipient agrees to provide the following: Sub-Recipient Name: Neighborhood Housing Services of South Florida, Inc Employer Identification 59-1845761 Number UEI Number: DNV7QKY56NF4 Federal Award: FY 2022 CDBG Funds Subaward Period of Retroactive to February 1, 2023 to September 30, 2023 Performance: Budget: $75,500—as detailed in Exhibit C- Budget Federal Awarding U.S. Department of Housing and Urban Development(HUD) Agency: Pass-through Entity: City of Miami Beach—Office of Housing and Community Development, a Division of the Office of Housing and Community Services. Prior to the 10th of every month starting the month after contract execution via Neighborly software: Reports Due: • Progress • Accomplishments • Financial Budget Amendment June 30, 2023 Deadline At least sixty(60) percent of your allotted grant funds must be expended Expenditure Deadline by June 30, 2023 as demonstrated by the total value of reimbursements processed. National Objective Low-to moderate-income clientele Project: With Ownership Wealth -WOW Miami Beach! Project Location: Various locations throughout Miami Beach (services will be offered in- person and virtual) Service: Activity#1: First Time Homebuyer Education Workshop 8-hour HUD- certified course in English or Spanish. Activity#2: one-on-one pre-purchase housing counseling Units of Service: Activity#1: 2 course per month/24 per year, 10 participants per course Activity#2: 100 participants/2 session per participant • Intake application • HBE Course Completion Test • Counseling Packet(Action Plan Budget/Financial Analysis • Employment Information • Rental History • Affordability Study(ies) • Household Income Calculation Deliverables: • HUD-92564-CN Form • Income Affidavit • MDEAT HAP Form • Steps to Mortgage Readiness Form • State Issued Identification • Permanent Resident Card and or Passport • 30 days Paystubs • 3 months Bank Statements per account 17 of 31 • 3 years Personal Tax Returns and or Business Tax Return (where applicable)with corresponding W2s or 1099s • Credit Report Receipt • Credit Report • Dispute Letters • Payoff Receipts/Letters • Negotiation Letters • Home Loan Docs: o Purchase Contract o Inspection Report o Appraisal o Loan Estimate o Closing Disclosure o Mortgage o Loan Note o Warranty Deed o Second Mortgage/DPA or Third Mortgage/DPA(where applicable) • Counselor Notes The Sub-Recipient will provide HUD-Approved Homeownership Classes and Counseling for low to moderate income(LMI)first time homebuyers in the City of Miami Beach. NHSSF's program addresses an urgent housing crisis and is geared towards mortgage readiness, homeownership, and financial capability to include budgeting and saving. NHSSF employs a CLIMB model to streamline homebuyer education by triaging clients based on mortgage readiness. Clients who screen as mortgage ready are immediately sent to the pre-approval process.Clients requiring 3 or more months of credit repair and training are assigned to a counselor in the Financial Capacity program. The program will incorporate educational components on energy efficiency and climate resiliency for the prospective LMI homeowners. Future homeowners will gain knowledge of cost savings in green energy investments such as solar and learn what measures must be taken in Miami Beach to sustain extreme weather, such as installing storm shutters for safety. NHSSF's diverse multilingual staff reflect the communities we serve, offering these culturally relevant services in English, Spanish, and Haitian Creole languages. 18 of 31 Requirements/Definitions: 1. Davis-Bacon Act Compliance The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating)of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. Affordable housing rehabilitation projects of eight(8) or more units using CDBG funds must ensure Davis-Bacon Act compliance. 2. Certified Payroll Certified payrolls shall be submitted weekly for each week in which any contract work is performed in compliance with Federal Labor Standard Provisions. 3. Section 3 Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or other . public construction, requires compliance with Section 3 of the HUD Act of 1968. 4. Environmental Review Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604). No project funds will be advanced, and no costs can be incurred, until the City has conducted an Environmental Review of the proposed project site as required per 24 CFR 58. 5. Compliance with National Objective The Subrecipient must maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the CDBG program's national objectives: (1) benefit low/moderate income persons, (2) aid in the prevention or elimination of slums or blight, or (3) meet community development needs having a particular urgency, as defined in 24 CFR Part 570.208, specific documentation of which shall be maintained in the project file. 6. Income Verification Sub-Recipient will ensure and maintain evidence that activities assisted with CDBG funds comply with the primary National Objective, "Benefit to Low-and Moderate-Income Persons"and will provide services or activities that benefit at least 51% low- and moderate-income persons. A low- or moderate-income household is defined as: a household having an income equal to or less than the HUD income limits. Sub-Recipients are responsible for using the most current income limits. Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the responsibility of the Sub-Recipient to become familiar with this tool. 7. Budget Amendments The goal should be to limit the use of Budget Amendments. Budget Amendments•require prior written approval by the City Manager. To request a Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. Budget amendments that deviate from the original scope will be rejected and the funds in question may be subject to recapture at the sole discretion of the City Manager. 19 of 31 8. Employee File Review The following documentation must be included in the Sub-Recipient's file for those employees providing services under this contract as applicable. • Current Florida Driver License • Resume with evidence of Required Experience • State of Florida Board Teacher Certification/License, if applicable • Administrative Rule 6a-4.01795- ESE education/experience, if applicable • Childcare Affidavit of Good Moral Character • Level 2 Florida Background Criminal Screening • Child Abuse and Neglect Reporting Requirement • Data Confidentiality Agreement • 1-9 Verification on File 9. Evaluation In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub- Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Financial Reports • Accuracy and timeliness of Progress Reports • Adherence to Project timelines and Technical Assistance and Sub-Recipient Instructions • Fulfillment of prescribed outcomes 10. Monitoring & Performance Reviews City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. The City will notify Sub-Recipient a minimum of three (3) business days prior to a monitoring visit. 11. Compliance with Local Rules, Regulations, Ordinances and Laws The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active business license) in addition to those specified in the body of the Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due the City prior to Agreement execution 12. Rent Roll Submissions Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within thirty.(30)days of meeting the National Objective and every year thereafter for a minimum of fifteen (15)years in adherence with the affordability period required with use of these funds. For completed projects, certified tenant rolls must be submitted annually by November 1st. 13. Affordable Rents Criteria To ensure the housing is affordable to low-and moderate-income persons, all CDBG-assisted rental units (12 units) must have rents that are the lesser of the Section 8 Fair Market Rents periodically established by HUD for the Section 8 rental assistance program for existing housing, or rents which are 30%of adjusted income for households at 50%of area median income minus tenant paid utilities. The Subrecipient shall ensure that all of the units in the Project continue to be used to provide housing for low-and moderate-income persons at affordable rents.The affordability period for the project will be 50 years. 20 of 31 14. Restrictive Covenant The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will ensure assisted units remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the appropriate term described in the previous paragraph. 15. Reporting Requirements Progress Report—The Sub-Recipient is required to submit a Project Progress Report via Neighborly software, as indicated in the Scope of Services. Even if no clients are served during any particular reporting period and/or no grant funds have been expended, the subrecipient is still required to complete and submit the Progress Report, explaining any issues and/or challenges related to the program. Reports are divided into two sections: • Part 1 - Accomplishments — The report will detail the demographics of the Project beneficiaries regardless of the service being provided. In order to avoid duplication, beneficiaries are only to be reported once after the first time a service is provided. Sub- Recipient is to report only the new clients (people) benefiting from the Project in each report with the Accomplishment Report matching race, income and other information requested. • Part 2 — Narrative and Supporting Documentation - The report summarizes the progress made during the reporting period, including photos and Units of Service completed. The report should detail accomplishments compared to the annualized goals set for the activity or program. • • Financial Report— Funding provided under this Agreement is available on a reimbursable basis. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget. Draws shall be submitted via Neighborly Software once a month. The report delineates Project expenses incurred and must include the corresponding evidence of expenses incurred for any Project related expense which is being submitted for reimbursement as detailed in Exhibit "B" Documentation. Exhibit"E"shall be completed for each draw request and included uploaded to Neighborly Software along with all back-up documentation. City is only to reimburse expenses related to the provision of services related to this Agreement. Reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed including draw number and submittal date • Necessary back-up materials are included (as stated in Exhibit"B" Documentation.) • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory 16. Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty(60) days from the incurrence of the -expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. 17. Procurement Records All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part 200 Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD rules to ensure compliance. Sub-Recipient must retain and include the following rationale and documents supporting any acquisition of goods and services that are being charged to this Project in compliance with 2 CFR 200 Subpart D, Procurement Standards: 21 of 31 • Rationale for the method of procurement; • Selection of contract type; • Contractor selection or rejection; and • Basis for the contract price. 18. Professional Services Contracts • No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written Agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost,timeline and scope of service.A copy of all professional service contracts must be submitted to the City prior to reimbursement request. 19. Training Requirements Sub-Recipient must ensure that the person responsible for preparing the Progress,Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting Training. 20. Proof of Insurance Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be dispersed prior to submission of required insurance coverage. 22 of 31 EXHIBIT"B" "Documentation" The Sub-Recipient agrees to maintain the following documents as part of its record-keeping requirements: To document insurance coverage: Copy of insurance policy or binder with limits and scope of coverage adding the City of Miami Beach as additional insured To document service: • Intake &screening forms must include, at minimum: o Name o Date of birth o Beneficiary's address o Demographic information as required in the CDBG Accomplishment Form o Executed client consent agreement to receive services o Client authorization to release information o Program enrolled o Any additional documents as requested by the City • First Time Homebuyer Education attendance list • Counseling session attendance list To document expenses incurred: Supporting documents to be submitted with the Monthly Finance Report are as follows: • Salaries related expenses: o Cost allocation plan for each of the employees with split funding o Timesheets reflecting the agreed budget percentage o Electronic payroll ledgers with corresponding bank transactions (statement) o Cancelled checks o Form 941 —Employer's Quarterly Federal Tax Return o Unemployment payment o Any additional documents as requested by the City • Fringe Benefits related expenses: o Bank statements o Worker's Compensation invoice, policy and cancelled check o Any additional documents as requested by the City • Operating Expenses: o Detailed invoices o Cancelled checks and/or bank statements o Any additional documents requested by the City • Professional Services Other: o Evidence of 3 quotations o Executed Agreement o Detailed invoices o Cancelled checks and/or Bank statements o Any additional documents requested by the City 23 of 31 EXHIBIT"C" "Budget" The attached budget reflects the scope of expenses that may be incurred through this Agreement. Sub-Recipient: Neighborhood Housing Services of South Florida,Inc. Project WOW Miami Beach! Award Amount: 575.500.00 Please list all items that will be reimbursed by the City of Miami Beach. Line Item Personnel Expenses -List Position Title Quantity Unit Cost Line Total Certified Housing Counselor-(Full-Time) _ 1.00 46.800.00 S 46,800.00 Certified Housing Counselor-(Part-Time) 1.00 6.242.18 S 6,242.18 Intake and _ Coordinator 1.00 7.665.84 S 7.665.84 Homeownership Manager 1.00 3,792.44 5 3,792.44 Personnel Expenses-Category Totals $ 64,500.00 Operating Expenses Quantity Unit Cost Line Total Office Supplies 1 00 300 00 $ 300.00 Copying&Printing 1.00 , 550.00 S 550.00 Travel Local i —1 1.00 y 300.00 S 300.00 Travel-Out of Town 1.00 300-00 S 300.00 Staff Training 1.00 250.00 S 250.00 Marketing 1.00 800.00 S 800.00 Operating Expenses-Category Totals $ 2,500.00 CapitallEquipment Costs Quantity Unit Cost Line Total $ $ $ $ CapitaUEquipment Costs-Category Totals $ - Professional Services Quantity Unit Cost Line Total Consultant-Independent Contractor 1 8,500.00 S 8.500 00 S - S - S - S - Professional Services-Category Totals $ 8,500.00 Other Costs Quantity Unit Cost Line Total _ S Other Costs-Category Totals $ Project Total- $ 75,500.00 24 of 31 EXHIBIT"D" "Financial Management" To comply with Federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity(including any budget revisions),amount obligated(i.e.,for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the CDBG funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries-Should be supported by proper documentation in personnel files of hire date, position,duties, compensation, and raises with effective date, termination date, and similar type information. Non- exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from CDBG funds should prepare a time sheet indicating the hours worked on CDBG projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits-Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services-Should be supported by a complete and signed copy of the contract between the Sub-Recipient and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor. • Purchases - At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five (5) years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their representative. Audits Sub-Recipient shall adhere to the following audit requirements: 1. Audits for Federal Awards in excess of$750,000 in a fiscal year. If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the provisions of this Agreement. 25 of 31 A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings;the auditor's report and the corrective action plan. The auditor's report shall include: • An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. • A report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. • A report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion)as to whether the Sub-Recipient complied with the laws, regulations,and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. • A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part 200.501. 2. Audits for Federal Awards under$750,000 in a fiscal year. If the Sub-Recipient expends less than$750,000 in the fiscal year in Federal awards 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 Sub-Recipient 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 disallowed; 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. 26 of 31 EXHIBIT "E" "Report Forms" MI AM I BEACH Monthly Financial Report Sub-Recipient: Neighborhood Housing Services of South Florida, Inc. Project: VdOVJ Miami Beach' Funding Source: CDBG FY 2022 Funding Fiscal Year: 2022 Reporting Period: Date of Reir•b.r:er•est Request: Draw Reimbursement Summary Expense Category Grant Award Previous Available This Requests Balance Request Personnel Expenses S - S - S - S - Operating Expenses S - S - S - S - CaprtaVEquipment Expenses S - S - S - Professional Services Expenses S - S - S - S - Other Expenses S 75.500.00 S - S 75,500.00 S - otal Reimbursement Reques 75500.00 S - 75500.00 S - Sub-Recipient Certification In accordance with the contract between the City and the Sub-Recipient: The parties acknowledge that the Funds originate from HUD. and must be implemented in full compliance with all of HUD's rules and regulations In accordance with the contract between the City and the Sub-Recipient. The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K. as same may be amended from time to time Additionally. the Sub-Recipient will comply with all State and local (City and County) laws and ordinances hereto applicable. In accordance wrth the contract between the Crty and the Sub-Recipient, the Sub-Recipient will ensure and maintain evidence that activities assisted with HUD funds from the City comply with the stated National Objective. Signature of Preparing Party Signature of Authorizing Party Name flame Date Date 27 of 31 REIMBURSEMENT SUMMARY Reimbursement Detail Personnel Expenses S S - S - S - S - S - S - Operating Expenses s s s - CapitaUEquipment Expenses s - s s s Professional Services Expenses s - s s - s Other Expenses s - s - s - s - s - Page 1 of 2 28 of 31 MIAMI BEACH CITY OF MIAMI BEACH Office of Housing and Community Services Community Development Block Grant(CDBG)Program Sub-Recipient On-Site Monitoring Checklist Public Services Date of Monitoring Visit: Sub-recipient: Address: Phone: Fax: Project Name/Project Manager: YES NO N/A Comments A. National Objective and Eligibility: z. k O = Benefit to Low-and Moderate-Income Persons(CFR 570 208) ' C— O co —I B. Conformance to the Sub-recipient Agreement 0 �? 1 Contract Scope of Work-Is the full scope of services O listed in the contract files? List any deviation 2 Levels of Accomplishments-Is the project achieving the expected levels of performance(number of persons served. etc)and reaching the intended client group? Is the project accomplishing what it was designed to do? 3 Timely Performance-Is the work being performed in a timely manner(0 e.meeting the schedule as shown in the Scope of Work)? 4 Budget-Do actual expenditures match planned _ expenditures? Na co 0 --n G.) 5 Requests for Payment-Are payment requests being submitted in a timely manner? Are payment requests consistent with level of work accomplished? Is Program Income being reported on a monthly basis? 6 Progress Reports-Have progress reports been submitted in a timely manner? Are progress reports complete and accurate? 7 Special Conditions-Does the protect conform to any special terms and conditions included in the agreement? iub-recipient: YES NO N/A Comments C. Record-Keeping Systems(570.506) 1 Filing System-Are file orderly,comprehensive,up-to-date. secured for confidentiality? 2 Documentation-Does sub-recipient have established procedures for collecting eligibility income documentation from program participants/clients? Do project files have necessary documentation to support national objective.eligibility and program costs? 3 Record Retention-Does sub-recipient have a records retention policy and procedure? 4 Site Management-Is project manager located on-site and running day-to-day operations? W O 0 W YES NO N/A Comments E. Insurance 1 Certificate of Insurance—Has the sub-recipient submitted a current copy of the Certificate of Insurance with the City named as additional insured? F. Procurement 1 Procurement Procedures—Does sub-recipients procurement procedures and policies meet CDBG requirements') 2 Conflict of Interest—Does the sub-recipient have a method to to assure there is no conflict of interest,real or apparent? G. Equipment and Real Property I Has the sub-recipient purchased equipment with CDBG funds in excess of S1,0009 2 Does the sub-recipient maintain records for such equipment purchases? H. Non-Discrimination—Does the sub-recipient comply with the following regulations/requirements9 1 Equal Employment Opportunity(570.506.601.&602) 2 Section 3[570.506(g)(5)&570.607(a)) 3 Fair Housing Compliance[(570.904&570 601(b)) 4 Requirements for Disabled Persons[§504(24 CFR 8 6)] 5 Women and Minority Business Enterprises[570.506(g), 85 36(e),&84.44) W 0 W I. Conclusion and Follow-up 1 Is the sub-recipient meeting the terms of the Agreement and HUD regulations? 2 Are corrective actions needed? 3 Is technical assistance or additional training needed? Sub-recipient: Additional Comments: Site Visit Monitoring Completed by City of Miami Beach Sub-Recipient Representative Name Office of Housing and Community Services Staff Signature Signature Date Date fJ 0 W City of Miami Beach USPS CERTIFIED MAIL Housing&Community Services 1700 Convention Center Dr Miami Beach FI 33139 9214 8901 9403 8302 9795 56 KIMBERLY TARETA HENDERSON 300 NW 12TH AVE MIAMI FL 33128-1019 Foki Here Return Reference Number: Username:Maria Cristina Aranda Code Violation#: Court Case#: Property Address:: Permit ID#: Custom 5: Postage:$9.4300 MI AM I BEACH Contract/Document Routing Form Contract No. Title N/A CDBG FY 2022 Agreement for Neighborhood Housing Services of South Florida,Inc. Contractor ,` ' ' ' Re•uestin: De•artment am —iniiiiii. Neighborhood Housing Services of South Florida,Inc. Office of Housing&Community Services Departmenignature&Date litACM Name, � Signatu�rew&Da Alba Tarr �i Rickelle Williams �r�r%fI # la,�,_ it 23 -- Document T •e Select On-, Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement X Type 5—Grant agreements with the City as the grantor Type 8—Other: Summary&Purpose Neighborhood Housing Services of South Florida, Inc. FY 2022 CDBG Agreement in the amount of$75,500 to provide HUD- Approved Homeownership Classes and Counseling for low to moderate income (LMI) first time homebuyers in the City of Miami Beach. NHSSF's program addresses an urgent housing crisis and is geared towards mortgage readiness, homeownership,and financial capability to include budgeting and saving. This contract was awarded by the Mayor and City Commission on June 22,2022,via Resolution No.:2022-32188(attached), therefore,does not require procurement review. Original Term 41111 Renewal Periods Total Term(Original+Renewals) 7 months(2/01/2023—9/30/2023) 0 7 months(2/01/2023—9/30/2023) .- __illIllIllL Funding lnformati , Grant Funded: © Yes No State E. Federal Other: MOM Est&Funding Sour__ . .._Animal Cost'maw Account 11111111111111111110equire Enhancement 1 $75,500 129-0530-000345-00-404-534-00-00-00-58822 Yes X No 2 Yes No 3 Yes No 4 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-32188 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Compliance Approvals(see attached) Procurement: N/A Grants: N/A Budget: N/A Information Technology: N/A Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other: N/A