Amendment No. 1 to the Agreement with Hispanic Business Initiative Fund, Inc.AMENDMENT NO.1
TO
COMMUNITY DEVELOPMENT BLOCK GRA NT AGREEMENT
FISCAL YEAR 2024
BETWEEN
THE CITY OF MIAMI BEACH,FLORIDA
AND
HISPANIC BUSINESS INITIATIVE FUND,INC.DBA PROSPERA
2024-3397
FEB 11 2072£
This Amendment No.1 ("Amendment")to the Community Development Block Grant Agreement,dated
November 1,2024 ("Agreement"),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 HISPANIC BUSINESS INITIATIVE FUND,INC.DBA
PROSPERA,a Florida not-for profit corporation,having its principal office at 3201 EAST COLONIAL DRIVE
SUITE A20,ORLANDO,FL,32803 (hereinafter referred to as "Sub-Recipient")is entered into this
d ayof 2025.rtt !{U}
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 March 14,2024,the Mayor and City Commission adopted Resolution No.
2024-33187,approving the issuance of Request for Applications (RFA)for the FY 2024 CDBG and HOME
funding allocation;and
WHEREAS,the Administration reviewed RFA submissions to ensure that projects align with
the needs identified in the 2024-33187Consolidated 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 July 24,2024,the Mayor and City Commission adopted Resolution No.2024-
33187,approving the One-Year Action Plan for Federal Funds for FY 2024,allocating CDBG funds in the
amount of FIFTY THOUSAND DOLLARS ($50,000.00)for technical assistance to microenterprises,small
business owners,and aspiring business owners throughout the City of Miami Beach,to be provided by the
Sub-Recipient as a public service (Program");and
WHEREAS,the One-Year Action Plan for FY 2024 was made available to the public for a
30-day public review and comment period from June 17,2024 through July 16,2024;and
WHEREAS,the original Agreement page 10,Section 21:Indemnification/Insurance
Requirements,is hereby amended to remove subsection D in its entirety and replace it with the following:
Professional Liability (Errors &Omissions)Insurance appropriate to the Consultant's profession,with a limitnolessthan$2,000,000.The removal and replacement of this subsection has been reviewed and approved
by the City of Miami Beach Fisk and Management Department,which has determined that the original
coverage is not required due to the nature of the services provided under this Agreement.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,the City and
Sub-Recipient agree to amend the Agreement as follows:
1.ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
1
2.MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted items underlined)
as follows:
(a)Section 21 of the Agreement is hereby modified as follows:
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-Recipientshall 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 ail costs ({including attorney's fees)and judgements which may issue thereon.
This Indemnification shall survive the termination and/or expiration ofthis Agreement.
The Sub-Recipient shall not commence any work andlor 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 Sub-Recipient shall maintain and carry in full force during the Term of this Agreement,
and/or throughout the duration of the Project contemplated herein,whichever is longer,the
following insurance:
a.General Liability Policy with coverage for Bodily Injury and Property Damage,in the
amount of $1,000,000 single limit,subject to adjustment for inflation.The policy must
include coverage for contractual liability to cover the above indemnification.
b.Worker's Compensation and Employers Liability,as required pursuant to Florida
Statutes.
c.Automobile and vehicle coverage shall be required when the use of automobiles and
other vehicles are involved in any way in the performance of the Agreement.Limits for
such coverage shall be in the amount of $300,000,subject to adjustment for inflation.
d.Physical/Sexual-Abuse-coverage-shails required when dealing wlth minors.Limits
for such-overage-shall be-in the amount of $500,000.-Professional Liability (Errors &
Omissions)Insurance appropriate to the Consultant's profession,with a limit no less
than $2,000,000.
[SIGNATURE PAGE TO FOLLOW]
2
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed by their duly
authorized officials on the day and date first above indicated.
HISPANIC BUSINESS INITIATIVE FUND NATIONWIDE,INC.
a Florida not-for-profit corporation
ATTEST:
Sharon arr29e
shg1on arroyo[Jun24,202509.43ST!
Secretary
go,Erroy
Print Name
Signature
s o sos.....2kg/.
Print Name and Title
1/24/2025
Date
ATTEST:
CITY OF MIAMI BEACH,FLORIDA
a Florida municipal corporationpi
Signature
Rafael E.Granado,City Clerk
Print Name
e£els:Signature4
Eric Carpenter,City Manager
Print Name
FEB 1
Date APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION9h4 oll5
j cir iore»y a l"
3
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FISCAL YEAR 2024
BElWEEN
THE CITY OF MIAMI BEACH,FLORIDA
ANO
HISPANIC BUSINESS INITIATIVE FUND,INC.OBA PROSPERA NOV 0 1 2024
This CDBG Agreement ("Agreement")made and entered into this day of
_____,2024,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 HISPANIC BUSINESS INITIATIVE FUND,INC.,OBA
PROSPERA,a Florida not-for profit corporation,having its principal office at 3201 EAST COLONIAL
DRIVE SUITE A20,ORLANDO,FL 32803 (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 March 14,2024,the Mayor and City Commission adopted Resolution No.
2024-33187,approving the issuance of Request for Applications (RFA)for the FY 2024 CDBG and HOME
funding allocation;and
WHEREAS,the Administration reviewed RFA submissions to ensure that projects align
with the needs identified in the 2024-33187 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 July 24,2024,the Mayor and City Commission adopted Resolution No.
2024-33187,approving the One-Year Action Plan for Federal Funds for FY 2024,allocating CDBG funds
in the amount of FIFTY THOUSAND DOLLARS ($50,000.00)for technical assistance to
microenterprises,small business owners,and aspiring business owners throughout the City of Miami
Beach,to be provided by the Sub-Recipient as a public service ("Program");and
WHEREAS,the One-Year Action Plan for FY 2024 was made available to the public for a
30-day public review and comment period from June 17,2024 through July 16,2024;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 -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 the terms of this Agreement,which Project is summarized as follows:
U UUSIJH IV IUD HU HULS I-UOU-+ot-Ht UH-I/J/Li.lb
The Prospera Small Business Technical Assistance Program will provide comprehensive
technical assistance to microenterprises,small business owners,and aspiring
entrepreneurs throughout the City of Miami Beach.The program will include the following
services:Conducting 8 educational seminars (4 in-person and 4 virtual),with 4 seminars
offered in English and 4 in Spanish Delivering one-on-one counseling sessions for 20
small business owners and entrepreneurs,focusing on business start-up,planning,
expansion,and readiness to access micro-loans.Awarding 6 business advancement
services to small businesses,offering operational support in areas such as legal,
accounting,and marketing.
Section 3.Agreement Amount:The City agrees to make available Community Development Block
Grant (CDBG)funds,in the amount of FIFTY THOUSAND DOLLARS ($50,000.00)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.
Other reporting requirements may be required by City in the event legislative amendments
are enacted or as the City Manager may reasonably deem necessary.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 schedule at least one (1)annual on-site monitoring visit with the Sub-Recipient to
evaluate the progress of the program,and provide technical assistance using the
Monitoring Tool attached as Exhibit F.
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
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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.
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 retroactively on October 1,2024 and shall
terminate on September 30,2025 (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:
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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.
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 Project 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/Affirmative Action: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 S
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60-1 .4(b ),in accordance with Executive Order 11246,"Equal Employment Opportunity"(30
FR 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."
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.
The Subrecipient will use its best efforts to afford small businesses,minority business
enterprises,and women's business enterprises the maximum practicable opportunity to
participate in the performance of this contract.As used in this contract,the terms "small
business"means a business that meets the criteria set forth in section 3(a)of the Small
Business Act,as amended (15 U.SC 632),and "minority and women's business
enterprise"means a business at least fifty-one (51)percent owned and controlled by
minority group members or women.For the purpose of this definition,"minority group
members"are Afro-Americans,Spanish-speaking,Spanish surnamed or Spanish-heritage
Americans,Asian-Americans,and American Indians.The Subrecipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
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.
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c.lt 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
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 -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 S 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:
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For S ub-R ecipients:
i.T he retention period fo r individual CD BG activities shall be the longer of
five (5)years after the expiration or term ination of the Sub-R ecipient
agreem ent under 24 C FR §570.503,or five (5)years after the subm ission
of the annual perf orm ance and evaluation report,as prescribed in 24 C FR
$9 1.520 of this title,in w hich the specific activity is reported on for the final
tim e.
ii.Records for in dividual activities subject to the reversion of assets
pro visions at 24 CFR §570.503(b)(7)or change of use pro visions at 24
C FR §570.505 m ust be m aintained fo r as long as those pro visions
continue to apply to the activity;and
iii.Records fo r individual activities fo r w hich there are outstanding ioan
balances,other receivables,or contingent liabilities m ust be retained until
such receivables or liabilities have been satisfied
6)Section 2 C FR §200.344 "C loseout"
C ity w ill close-out the Federal aw ard w hen it determ in es that all applicable
adm ini strative actions and all required w ork of the Federal aw ard have been
co m pleted by the Sub-R ecipient.The fo llow ing actions m ust take place to
com plete this pro cess at the end of the Term
The S ub-R ecipient m ust subm it,no later than 45 calendar days after the
end date of the Term ,all financial,accom plishm ent,perform ance,and
other reports as required by the term s and conditions of this Agreement.
C ity m ay approve extensions w hen requested by the Sub-R ecipient.
ii Unless City authorizes an extension,Sub-R ecipient must liquidate all
obligations incurred under this A greem ent no later than 45 calendar days
after the end date of the Term as specified in the term s and conditions of
this A greem ent.
iii C ity m ust m ake pro m pt paym ents to the Sub-R ecipient for allow able
reim bursable costs under this A greem ent,m eeting the requirem ents of
Subpart E (2 CFR §§200.4 00 -200.4 76)prior to being closeout.
iv Sub-R ecipient m ust pro m ptly refund any balances of unobligated cash that
C ity paid in advance or paid and that are not authorized to be retained by
the S ub-R ecipient fo r use in other pro jects.See 0MB C ircular A-129 and
see 2 CF R §200 345 C ollection of am ounts due.for requirements
regarding unre turn ed am ounts that becom e delinquent debts.
v C onsistent w ith the term s and conditions of the A greem ent,City must
m ake a settlem ent fo r any upw ard or dow nw ard adjustm ents to the
Federa l share of costs after closeout reports are received.
vi.S ub-R ecipient m ust account fo r any real and personal pro perty acquired
w ith Federal funds or received from the Federal G overn m ent in
accordance w ith 2 C FR $200 .310 Insura nce coverage thro ugh 200.316
P ro pert y Trust Relationship and 200 329 Reporting on Real Pro perty
vii C ity should com plete all closeout actions fo r Federal aw ards no later than
one year after receipt and acceptance of all required final reports.
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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.
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
w ha teve r nature fo r w hich reim b urse m ent is cla imed under the provisions of this
A greement;
b Tim e she ets 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
elig ib ility requ ire m e nt(s)un de r w hich fund ing has bee n rece ived ,have be en m e t.
The se also incl u de spe cia l requ ire m e nts such as ne cessary and appropriate
de term ina tio ns as de fin ed in 24 C F R $570 2 09 ,incom e cert ificatio ns,and w ritt e n
A gre e m e nts w ith be neficia ries,w he re ap plicable .
The S ub-R ecip ie nt is respo nsib le fo r m ain taining and storing all records pe rt ine nt to
this A gree m e nt in an orde rly fash io n in a read ily acce ssib le ,pe rm a ne nt,and secured
lo catio n fo r a pe riod of five (5 )yea rs aft er expira tio n of this A gree m e nt,w ith the
follo w ing exce ptio n :if any litiga tio n ,cla im or audit is started befo re the expiratio n date
of the five (5 )yea r pe rio d ,the reco rds w ill be m a in ta ine d until all litigatio n,cla im s,or
aud it find ings invo lvin g the se recor ds are resolved .T he C ity sha ll be info rm e d in w riting
afte r clo se o ut of this A g ree m e nt,of the address w he re the re cor ds are to be kept.
Se c tio n 20.A u d its an d In s pe c tio ns :
a.A t any tim e du ring no rm a l busine ss hours,and as often as the C ity (a nd/or its
rep rese nta tive s)m ay de e m ne ce ssa ry,the S ub -R e cip ie nt sha ll m a ke ava ila ble all
reco rds,do cum e ntatio n,an d any othe r da ta re la tin g to all m a tt ers cove red by the
A gre e m e nt,for rev iew ,insp e ctio n or au d it.
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Oocusign Envelope 10:FAD2C9C1-0860-46E6-AF6A-1979397O3CF6
In com pliance w ith 2 C FR Part 200.Subpart F-A udit Requirem ents,if Sub-R ecipient
expends $750,000 or m ore during the non-Federal entity's fiscal year in Federal
aw ards,the Sub-R ecipie nt m ust have a single or pro gram -specific audit conducted fo r
that year in accordance w ith the pro visions m entioned above and shall be subm itted
to the City 180 days after the end of the Sub-R ecipient's fiscal year.
If this Agre em ent is closed-out prior to the receipt of an audit report,the C ity reserves
the right to recover any disallow ed costs identified in an audit after such closeout.
b.Inspector G eneral Audit Rights
1)Pursuant to Sectio n 2-256 of the Code of the C ity of M iam i Beach,the C ity has
established the O ffice of the Inspector G eneral w hich m ay,on a random basis,
perf orm review s,audits,inspections,and investigations on all City contracts,
thro ughout the duration of said contracts.This random audit is separate and
distinct from any other audit perfor m ed by or on behalf of the City.
2)The O ff ice of the Inspector G eneral is authorized to investigate City affairs and
em pow ered to review past,present,and pro posed City pro gra m s,accounts.
records,contracts,and transactions.In addition,the Inspector G eneral has the
pow er to subpoena w itnesses,adm inister oaths,require the pro duction of
w itnesses,and m oni tor C ity pro jects and pro gram s.M onitoring of an existing City
project or pro gram m ay include a report concern ing w hether the project is on tim e,
w ithin budget,and in confo rm ance w ith the contra ct docum ents and applicable
law .T he Inspector G eneral shall have the pow er to audit,investigate,m onitor,
oversee,inspect,and review operations,activities,perform ance,and procurem ent
pro cess incl uding,but not lim ited to,pro ject design,bid specifications,
(bid/proposal)subm ittals,and activities of the Sub-R ecipient,its officers,agents,
and em ployees,lobbyists,C ity staff,and elected officials to ensure com pliance
w ith the contract docum ents and to detect fraud and corruption.Pursuant to
Section 2-378 of the C ity Code,the City is allocating a percentage of its overa ll
annual contra ct expenditures to fund the activities and operations of the Offi ce of
Inspector G eneral.
3)Upon ten (10 )days w ritten notice to the Sub-R ecipient,the Sub-R ecipient shall
m ake all requested records and docum ents available to the Inspector G eneral for
inspection and copying .The Inspector G e neral is em pow ered to retain the services
of independent private sector auditors to audit,investigate,monitor,oversee,
inspect,and re view operations activities,perfor m ance,and pro curem ent process
including,but not lim ited to,pro ject design,bid specifications,(bid/proposal)
subm itt als,activities of the Sub-R ecipient,its officers,agents,and em ployees,
lobbyists,City staff,and elected officials to ensure com pliance w ith the contract
docum ents and to detect fraud and corruption.
4)The Inspector G e neral shall have the right to inspect and co y all docum ents and
re cords in the Sub-R ecipient's possession,custody or control w hich in the
Inspector G enera l's sole judgm ent,pertain to perform ance of the contract,
including,but not lim ited to,or iginal estim ate files,change order estim ate files,
w orksheets,pro posa ls,and agreem ents from and w ith successful subcontractors
and suppliers,all project-related correspondence,m em oranda,instructions,
financial docum ents,construction docum ents,(bid/pro posal)and contract
docum ents,back-change docum ents,all docum ents and records w hich involve
cash,trade,or volum e discounts,insurance proceeds,rebates,or dividends
received,payro ll and personnel records,and supporting docum entation for the
afo resaid docum ents and records.
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ocusign Envelope IL:HAD2C9C1-0860-46E6-AF6A-1979397D3CF6
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 A g ree m e nt is co m p le tely or partia lly term inate d,the S ub -R ecipie nt
sha ll make available records relating to the work terminated until three (3)
years aft er any resulting final termination settlement;and
ii.The S ub-R ecip ie nt sha ll m a ke availa ble records rela ting to ap pe als or to
litig a tio n or the se ttle m e nt of cla im s arising unde r or rela ting to this
A gree m e nt until such ap pe als,litig atio n,or cla im s are fina lly reso lve d .
6)The pro visio ns in this sectio n sha ll apply to the S ub-R ecipie nt,its offi cers,age nts,
em p loyees,sub contractors,and sup plie rs.T he S ub-R ecip ie nt sha ll incorpo rate
the pro visio ns in this se ctio n in all sub contracts and all othe r ag ree m e nts
executed by the Su b-R ec ip ie nt in co nnectio n w ith the pe rf orm a nce of this
A gree m e nt.
7)N o thin g in this sectio n sha ll im p a ir any inde pe nde nt rig ht to the C ity to cond uct
aud its or inve stig ative activ itie s.The pro visio ns of this se ctio n are ne ithe r
intende d no r shall they be co nstrue d to im p o se any liability on the C ity by the S ub -
R ecip ie nt or third pa rt ies.
Se c tio n 21.In d e m n ific atio n/I n s u ranc e R eq uirem e nts :T he S ub -R ecipie nt sha ll in de m nify and ho ld
ha rm le ss the C ity,its off ice rs,em p lo ye e s,and age nts,from any and all cl a im s,liab ility,
lo sse s and cause s of actio n w hich m a y arise out of an act,om issio n,ne glig e nce,or
m isco nduct on the pa rt of the S ub -R e cip ie nt,or any of its age nts,off icers,serv ants,
em p lo yee s,co ntractor s,patro ns,gue sts,clie nts,lice nse es,invitee s,or any pe rso ns acting
un d e r the directio n ,contro l,or sup e rv isio n of S u b-R ecip ie nt,pursua nt to this A greem e nt
and/o r the P ro je ct.T he S ub-R ec ip ie nt sh all pay all claim s and lo sses of any nature
w ha tso eve r in co nn ectio n the rew ith and sha ll de fend all suits in the na m e of the C ity,and
sha ll pa y all costs (incl ud in g atto rn e y's fee s)an d judg e m e nts w hich m ay issue thereo n .
This Ind e m n ificatio n sha ll surv ive the term inatio n and/or expira tio n of this A gree m e nt.
The S ub-R ecip ie n t sha ll no t com m e nce any w ork and/or serv ices pursua nt to this
A g ree m e nt until all in sura nce requ ire d un de r this S ectio n has bee n obta ined and the C ity's
R isk M a na g e r ha s appro ve d such insura n ce .In the eve nt evide nce of such insurance is
no t fo rw arde d to the C ity's R isk M a n a ge r w ithin thirty (3 0)da ys afte r the co m m e ncem e nt
da te of the Te rm ,this A g ree m e nt sha ll au to m atically term inate and beco m e null and void ,
and the C ity sh all have no obliga tio n und e r the te rm s and co nditio ns he reof.
T he S u b-R ecip ie nt sha ll m a intain and ca rry in full fo rce du ring the Te rm of this A g ree m e nt,
an d/o r thro ug ho ut the duratio n of the P ro je ct conte m p la ted he rein ,w hic heve r is lo ng er,the
fo llo w ing insurance :
a.G e ne ra l Li a bility P o licy w ith co ve rag e fo r Bo d ily Inju ry and P ro perty D a m a g e ,in the
am oun t of S1,0 00 ,0 0 0 sin g le lim it,subje ct to adjustm e nt fo r infla tio n .The po licy m ust
in clu de cove rag e fo r co ntractua l lia b ility to co ve r the above inde m n ificatio n .
b.W orker's C o m pe nsa tio n and E m p lo ye rs Lia b ility,as requ ired pursua nt to Flo rida
S tatutes.
c.A utom o b ile and veh icle co ve rag e sha ll be requ ired w he n the use of auto m o biles and
other ve hicle s are invo lved in any w ay in the perf orm a nce of the A g ree m e nt.Lim its fo r
such cove rag e sha ll be in the am o un t of $3 00 ,0 00 ,su bject to adju stm e nt fo r infla tio n.
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Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
d.Physical/Sexual Abuse coverage shall be required when dealing with minors Limits
for such coverage shall be in the amount of $500,000.
The City of Miami Beach shall be named as an additional insured under all such insurance
contracts.Thirty (30)day written notice of cancellation or substantial modification of the
insurance coverage must be given to the City's Risk Manager by the Sub-Recipient and its
insurance company.The insurance must be furnished by insurance companies authorized
to do business in the State of Florida,and approved by the City's Risk Manager.The
companies must be rated no less than "B+"as to management,and not less than "Class
VI"as to strength by the latest edition of Best's Insurance Guide.published by A.M.Best
Company,Oldwick.,New Jersey,or its equivalent,subject to the approval of the City's Risk
Manager.Original Certificates of Insurance for the above coverage must be submitted to
the City's Risk Manager for approval prior to any work commencing.These certificates will
be kept on file in the Office of the Risk Manager,Third Floor City Hall.
The City shall have the right to obtain from the Sub-Recipient specimen copies of the
insurance policies,in the event that submitted Certificates of Insurance are inadequate to
ascertain compliance with required coverage.Compliance with the foregoing requirements
shall not relieve the Sub-Recipient of its obligation to indemnify and hold the City harmless,
as required in this section.
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.
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:
Sub-Recipient
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
Augusto Sanabria,Executive Director
Hispanic Business Initiative Fund,DBA Prospera
3201 East Colonial Drive,Suite A20
Orlando,FL 32803
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ocusign Envelope ID:FAD2C9C1-0860-46E6-A4F6A-1979397D3CF6
In the event that the Sub-R ecipient changes the Executive Director during the term of the
A greem ent,such change m ust be notified in w riting to the City w ithin 15 days of such
change .
Sectio n 25.Li m itation of Li ability:The C ity desires to enter into this Agreem ent only if,in so doing,
the C ity can place a lim it on C ity's liability fo r any cause of action fo r m oney dam ages due
to an alleged bre ach by the C ity of this Agreem ent,so that its liability fo r any such breach
never exceeds the sum of $5,000.Sub-R ecipient hereby expresses its w illingness to enter
into this Agreem ent w ith Sub-R ecipient's recovery from the City for any dam age action fo r
breach of contract to be lim ited to a m axim um am ount of $5,000.
Accordingly,Sub-R ecipient hereby agrees that the C ity shall not be liable to Sub-Recipient
fo r dam ages in an am ount in excess of S5,000,fo r any action or claim fo r breach of contract
arising out of the perform ance or nonperformance of any obligations im posed upon the City
by this Agreem ent.Nothing contained in this subpara graph or elsew here in this Agreem ent
is in any w ay intended to be a w aiver of the lim itation placed upon City's liability as set fo rth
in Florida Statutes,Section 768.28.
Sectio n 26.Florida Public Records Law :
a.Sub-R ecipient shall com ply w ith Florida Public Recor ds law under Chapter 119,Florida
Statutes,as m ay be am ended from tim e to tim e.
b.T he term 'public records"shall have the m eaning set forth in Section 119.011(12),
Florida Statutes,w hich m eans all docum ents,papers,letters,maps,books,tapes,
photographs,fil m s,sound recordings,data pro cessing softw are,or other material,
regardless of the physical fo rm ,characteristics,or m eans of transm ission,m ade or
received pursuant to law or ordinance or in connection w ith the transaction of official
business of the City.
c.Pursuant to Section 119 .0701,Florida Statutes,if the Sub-R ecipient meets the
definition of "C ontra ctor"as defined in Section 119.0701(1)(a),the Sub-R ecipient shall:
1)Keep and m aintain public records required by the C ity to perform the service;
2)Upon request from the City 's custodian of public records,pro vide the City w ith a
copy of the re quested records or allow the records to be inspected or copied within
a reasonable tim e,at a cost that does not exceed the cost pro vided in Chapter
119 ,Florida Statutes,or as otherw ise pro vided by law ,
3)Ensure that public recor ds that are exem pt or confidential and exem pt from public
records discl osure requirem ents are not disclosed,except as authorized by law ,
fo r the dura tion of the contract term and fo llow ing com pletion of the Agreem ent,if
the Sub-R ecipient does not transfer the re cords to the City ;
4)Upon com pletion of the A greem ent,transfer,at no cost to the City,all public
records in possession of the Sub-R ecipient or keep and m aintain public records
required by the City to perform the serv ice.If the Sub-R ecipient transfers all public
records to the C ity upon com pletion of the Agreem ent,the Sub-R ecipient shall
destro y any duplicate public records that are exem pt or confidential and exem pt
from public records disclosure requirem ents.If the Sub-R ecipient keeps and
m aintains public records upon com pletion of the Agre em ent,the Sub-Recipient
shall m eet all applicable requirem ents fo r retaining public re cords All records
stored electronically m ust be provided to the C ity.upon request from the City's
custodian of public re cords,in a fo rm at that is com patible w ith the info rmation
technology system s of the City.
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Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
d.Request fo r Records;No nco m pliance
1)A request to inspect or copy public re cords relating to the City 's contract fo r
serv ices m ust be m ade directly to the C ity.If the City does not possess the
requested records,the City shall im m ediately notify the Sub-R ecipient of the
request,and the S ub-R ecipient m ust pro vide the records to the City or allow the
records to be inspected or copied w ithin a reasona ble tim e.
2)Sub-R ecipient s failure to com ply w ith the City's request for records shall constitute
a breach of this A gree m e nt,and the City,at its so le discretion,m ay (i)unilaterally
term inate the A gree m e nt:(ii)avail itself of the rem edies set fo rth under the
A greem ent;and/or (iii)avail itself of any ava ila ble rem edies at law or in equity.
3)A Sub-R ecipie nt w ho fails to pro vide the pub lic records to the City w ithin a
reasonable tim e m ay be subject to penalties unde r $119 .10 .Florida Statutes.
e.Civil A ction
1)lf a civil actio n is filed against a Sub-R ecipie nt to com pel pro duction of public
records relating to the C ity 's contract fo r serv ices,the court shall assess and aw ard
against the S ub-R ecip ie nt the reaso nable costs of enfo rcem ent,including
reaso nable att orn eys'fees,if:
i.T he court determ ines that the Sub-R ecip ient unlawf ully refused to com ply w ith
the public records req uest w ithin a reaso na ble tim e ;and
ii.A t least 8 business days befo re filing the actio n,the plaintiff pro vided w ritten
notice of the public records reque st,incl uding a statem ent that the Sub-
Recipient has not com plied w ith the reque st,to the C ity and to the Sub-
Recipie nt.
2)A notice com plies w ith subparagraph (1)i)if it is sent to the City's custodian of
public records and to the Sub-R ecipient at the Sub-R ecipient's address listed on
its contract w ith the C ity or to the Sub-R ecip ie nt's re gistered agent.S uch notices
m ust be sent by com m o n carrier delivery service or by registered,G lobal Express
G uaranteed,or cert ified m a il,w ith postage or shipping paid by the sender and w ith
evidence of de livery ,w hich m ay be in an electro nic fo rm at.
3)A Sub-R ecipie nt w ho com plies w ith a pub lic records request w ithin 8 business
days after the no tice is se nt is not liable fo r the rea sonable costs of enforcem ent.
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
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Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
MIAMI BEACH,FLORIDA 33139
E-MAIL:RAFAELGRANADO@MIAMIBEACHFL.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 may be 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 notify the 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.
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.Lobbying
The Subrecipient hereby certifies that:
a.No Federal appropriated funds have been paid or will be paid,by or on behalf of
it,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 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
Cooperativeagreement;
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Docusign Envelope ID:FAD2C9C 1-0860-46E6-AF6A-1979397D3CF6
b.If any funds other than Federal appro priated funds have been paid or w ill be paid
to any person fo r influencing or attem pting to influence an offi cer or em ployee of
any agency.a M em ber of C ongress,an offi cer or em ployee of Congress,or an
em ployee of a M em ber of C ongress in connection w ith this Federal contract,grant,
loa n,or cooper-alive agreem ent,it w ill com plete and subm it Standard Form -LLL,
"D iscl osure Form to Report Lobbyi ng."in accordance w ith its instructions;and
c It w ill require that the language of paragraph (d)of this certification be included in
the aw ard docum ents fo r all subaw ards at all tiers (incl uding subcontra cts,
subgrants,and contracts under grants,loans,and cooperative agreem ents)and
that all S ubrecipients shall certify and discl ose accordingly:
d.Lo bbying Certification
e T his cert ification is a m aterial representation of fact upon w hich reliance w as
placed w hen this transaction w as m ade or entered into.Subm ission of this
certification is a prerequisite fo r m akin g or entering into this transaction im posed
by section 1352,title 31,US .C .Any person w ho fails to file the required
cert ification shall be subject to a civil penalty of not less than $10 ,000 and not m ore
tha n $10 0,000 fo r each such failure .
Sectio n 29.This A greem ent shall be binding upon all parties hereto and their re spective heirs,
executors,adm inistrators,successors,and assigns.
[S IG N ATU R ES TO FO LLO W]
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Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
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.
HISPANIC BUSINESS INITIATIVE FUND NATIONWIDE,INC.
a Florida not-for-profit corporation
Secretary
In Signed by:geegnalure
Sharon Arroyo
Print Name
10/20/2024
Augusto Sanabria,Executive Director
Print Name and Title
11:13 PM EDT
Date
CITY OF MIAMI BEACH,FLORIDA
a Florida municipal corporation"lSionaiEe
Rafael E.Granado,City Clerk
.4nc(a
Signature
Eric Carpenter,City Manager
Print Name Print Name
NOE gL222g
Date
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION2uar,c,or
j Ci ty Attorney Date
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Docusign Envelope ID'FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
EXHIBIT "A"
"SCOPE OF SERVICES"
Statement of Work:
In compliance with 24 CFR 570.503 rovide the followin
Sub-Recipient Name:Hispanic Business Initiative Fund,Inc.DBA Prospera
UEI Number:
Federal Award:
Federal Awarding
A enc :
1 Period of Performance:I
Budget:
JCEQXJZAULH3
FY 2024 CDBG Funds
U S.Department of Housing and Urban Development (HUD)
Retroactive to October 1,2024 -September 30,2025
$50,000.00 -as detailed in Exhibit C-Budget
Budget Amendment
1 Deadline June 30,2025
---------i
I
Reports Due:
Prior to the 10 of every month starting the month after contract execution,
via Neighborly:
•Progress
•Accomplishments
•Financial-----------------------------------;
Low-to Moderate Income ClienteleNationalObjective:
HUD Matrix Codes:
Service Location:
Program:
Service:
Units of Service:
Deliverables:
Outcomes:
18B Economic Development:Technical Assistance
Multiple locations within city limits
Prospera Small Business Technical Assistance Program I
The Project will provide technical assistance to microenterprises,small I
business owners,and aspiring business owners throughout the City of
Miami Beach.~------------------------------<•8 educational seminars (4 in-person/4 virtual;4 English/4 Spanish)
•Counseling for 20 small business owners and entrepreneurs in a one-
on-one manner on business start-up,planning,expansion,and
readiness to access micro loans.
•Award 6 business advancement services for small business including
operational support on legal,accounting or marketing areas
•Application/needs assessment
»Training sessions i
1 Assistance to at least 20 businesses:
•Ensure that microenterprises {businesses with five or fewer employees)1
receive targeted support.
•Verify that the owner's household income is below 80%of the area
median income to qualify under CDBG regulations
The Sub-Recipient will be responsible for technical assistance to qualified businesses during the period of
the Agreement utilizing CDBG Funds.The Sub-Recipient will administer all tasks in the provision of the
aforementioned activity in compliance with all applicable Federal,state,and local rules and regulations
governing these funds,and in a manner satisfactory to the HCO.
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Docusign Envelope ID:FAD2C9C 1-0860-46E6-AF6A-1979397D3CF6
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 S210.000 that involves rehabilitation,housing construction,or other
public construction,requires compliance with Section 3 of the HUD ACt of 1968 as amended,and as
implemented by the regulations set forth in 24 CFR 135
4.Environmental Review
All projects must have an Environmental Review completed.The Subrecipient does not assume the
City's environmental responsibilities described in 24 CFR 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 Sub-Recipient must maintain documentation that demonstrates that the activities carried out with
funds provided under this Agreement 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 §
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.".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.
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Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
8.Employee File Review
The fo llow ing docum e ntation m ust be included in the Sub-R ecipient's file fo r those em ployees
pro viding serv ices under this contract as applicable.
•Current Florida Driver License
•Resum e w ith evidence of Required Experience
•State of Florida Board Teacher Cert ification/License,if applicable
•A dm inistrative Rule 6a-4 01795 -ESE education/experience,if applicable
•Childcare Affi davit of G ood M oral Character
•Level 2 Florida Backgro und Crim inal Screeni ng
•Child A buse and Neglect Reporting Requirem ent
•Data Co nfide ntiality A greem ent
•I-9 V erificatio n on File
9.Evaluation
In its continuing eff ort to ensure contract com pliance and perform ance,HC D w ill evaluate the Sub-
Recipient in its fulfil lm e nt of the term s of this A greem ent including,but not lim ited to,the fo llow ing
m easures:
•A gree m e nt com pliance
•A ccuracy and tim eliness of Financial R ep orts
•A ccuracy and tim eliness of Pro gress R ep orts
•A dherence to Project tim elines and Technical Assistance and Sub-R ecipient Instructions
•Fulfillm e nt of prescribed outcom es
10.Monitoring &Performance Reviews
City reserv es the right to inspect,m onitor and/or audit the Sub-R ecipient to ensure contractual
com pliance.M onitoring visits w ill com m ence w ithin 12 0 days of the Agreem ent's execution date City
w ill notify Sub-R ecipient a m inim um of three (3)business days prior to a m onitoring visit
11.Compliance with Local Rules,Regulations,Ordinances and Laws
T he Sub-R ecip ie nt m ust rem ain incom pliance w ith all local rules,regulations,ordinances and law s
(incl uding having an active business license)in addition to those specified in the body of the
A gre e m e nt.In additio n,the Sub-R ecipient m ust not ow e any m onies to the C ity at the lim e of
A gre em e nt execution or final release of grant funds.
T he C ity w ill verify w ith the Finance Depart m ent to ensure that no m onies are due the C ity prior to
A gree m e nt execution
12.Rent Roll Submissions
Sub-R ecipients using C ity funds fo r the creation or rehabilitation of affordable housing m ust subm it
tenant rent ro lls w ithin thirty (30)days of m eeting the National O bjective and every year thereafter for
a m in im um of fifty (50)years in adherence w ith the affordability period required in connection w ith
the use of these Pro ject Funds.For com pleted pro jects,certified tenant ro lls m ust be subm itted
annually by Nove m ber 1st.
13.Affordable Rents Criteria
T o ensure the ho using is affordable to low -and m oderate-incom e persons,all C D B G -assisted rental
units (12 units)m ust have rents that are the lesser of the Section 8 Fair M arket Rents periodically
established by H U D fo r the Section 8 rental assistance program for existing housing,or rents w hich
are 30%of adjusted incom e fo r households at 50%of area m edian incom e m inus tenant paid utilities.
T he S ubrecipie nt shall ensure that all of the units in the Pro ject continue to be used to pro vide housing
fo r low -and m o derate-incom e persons at aff ordable rents.The affordability period for the Pro ject w ill
be 30 years from the date of issuance of a Final C ertificate of O ccupancy fo r the Pro ject ("Affordability
Period")
19
Locusgn Envelope I:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
14.Restrictive Covenant
The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will
ensure the 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.The period
of affordability for this Project is thirty (30)years regardless of repayment of loan and/or transfer or
sale of the Project Property or any portion thereof.
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
quarter and/or no grant funds have been expended,the subrecipient is still required to complete and
submit the Quarterly 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 no more frequently than 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
Part 200 Subpart D,Procurement Standards.
20
Do cu sign Envelope ID:FAD2C9C 1-0860-46E6-AF6A-19793973CF6
•Rationale fo r the m ethod of pro curem ent
•S e le ction of contract type ;
•Co ntra ctor selection or rejection;and
•Ba sis fo r the contract price
18.Professional Services Contracts
No pa rt of this A greem ent m ay be assigned or subcontracted w ithout the prior w ritten consent of the
C ity,w hich consent,if given at all,shall be at the C ity's sole discretion and judgem ent.Pro fessional
se rv ices funded thro ugh this A greem e nt m ust adhere to pro curem ent guidelines as aporopriate and
have exe cuted w ritten A greem e nts betw een the Sub-R ecipie nt and the respective V endor.Contracts
m u st,at a m inim um ,specify the cost,tim eline and scope of serv ice.A copy of all pro fessional serv ice
co ntracts m ust be sub m itt ed to the C ity prior to reim burse m e nt request.
19.Training Requirements
Su b-R ec ip ient m ust ensure tha t the person respo nsible for preparing the M onthly P ro gress,
A c com p lishm ent and F inancial R ep orts attends the HC D 's S ub-R ecipient Report ing T raining and
places the attendance cert ificate in the Project s file fo r inspection by HC during its m onitoring visit.
20.Proof of Insurance
E vide nce of appro priate and required insurance m ust be subm itted prior to contract execution.No
C ity fund s w ill be dispersed prio r to subm ission of required insurance coverage.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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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 proof of payment)with limits and scope of coverage adding the
City of Miami Beach as additional insured
To document service:
Educational Seminars-
•Sign-in sheets of attendees
•Seminar event agenda
Flyers/advertisements of event
Counseling and Business Advancement Services-
•Micro-enterprise owner income certification/Program application
•Documentation of all technical assistance services offered
To document expenses incurred (to be submitted with monthly reporting):
•Salaries and Fringe related expenses:
•Time-sheets
•Electronic payroll ledgers with corresponding bank transactions (statement)
•Cancelled checks/electronic ledger
•Form 941--Employer's Quarterly Federal Tax Return
•Unemployment payment
•Any additional documents as requested by the City
•Professional Services Other:
•Evidence of Procurement
•Detailed invoices
•Cancelled checks
•Bank statements
Training Presentations and sign-in sheets
•Any additional documents requested by the City
22
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
EXHIBIT "C"
"Budget"
The attached budget reflects the scope of expenses that m ay be incurred through this A greem ent.
MIAMI BEACH
Sub-Recipient:Hispanic Business Initiate Fund Inc dba Prospera
Award Amount:S50.000 00
Please list all items that will be reimbursed by the City of Miami Beach
CO BG FY 2024
Pro ject Budget
Project:Economic Development Serice
Small Business Consultant 1
Small Business Consultant 2
Small Business Consultant 3
Small Business Specialist 1
Customer Serice Representatrve 1rcAowcA
Personnel Expenses -Category Totals
1 00
100
10o
1 00
1 00
10o
10.567 00 S
10.31100S
8.453 00 S
6.13100 S
6224 00 S
7 65%S-e
10.567 00
10.31100
8.453 00
6.13100
6 224 0o
3.1aso
a,ss.oo
perating Expenses Quantity Unit Cost Line Total
s
0
0
Operating Expenses -Category Totals $
apital/Equipment Costs Quantity Unit Cost line Total
0
0
0
0
Capital/Equipment Costs -Category Totals $
Professional Services Quantity Unit Cost line Total
Accounting Assesment
Quickbooks Dedicated Consulting
Business Plan
Legal Assesment
Marketing &Sales Plan
Corporate Branding
Professional Services -Category Totals
2
1
2
425 00
300 00
925 00
500 00
925 00
700 00
$
850 00
300 00
1.850 00
500 00
925 00
700 00
5,125.00
her Costs Quantity Unit Cost line Total
Other Costs -Category Totals
Project Total -
0
0
0
0
0
0
$
s 50.000 00
23
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
EX H IB IT ""
"F in ancial M anag em e nt'
To com ply with Federal regulations,each pro gram must have a financial management system that provides
accurate,current and com plete disclosure of the financial status of the activity This means the financial
system m ust be capable of generating regular financial status reports which indicate the dollar amount
allocated fo r each activity (including any budget revisions),am ount obligated (i.e.,for which contract exists),
and the amount expended for each activity .The system must perm it 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 fo r what it was used
The City is responsible fo r reviewing and certify ing the financial management of any operating agency.
which is not a City department or bureau,in order to determ ine whether or not ii meets all of the above
requirem ents If the agency's system does not meet these requirem ents and modifications are not possible.
the City m ust administer the CDBG funds for the operating agency
Sup po rt fo r Ex p end itu res
Sufficient support fo r expenses depends on the type of expenditure They normally include the following
items:
•Salaries -Should be supported by pro per documentation in personnel files of hire date,position,duties,
compensation,and raises with effective date,term ination date,and similar type information.Non-
exempt em ployees are required by law to com plete 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 fo r each employee,a voucher statem ent indicating the distribution of payro ll
charges should be prepared and placed in the appro priate files.)
•Em p loy ee B en efi ts -Should be supported by personnel policies and procedures manual,describing
the types of benefits,eligibility and other relevant info rm ation.)
•Profe ss io n al S erv ices -Should be supported by a com plete and signed copy of the contract between
the Sub-Recipient and the independent contractor,describing at the minimum,period of service,type
of serv ice and m ethod for paym ents,in addition to the invoice from the private contractor.
•P urch a s es -At a minim um ,purchases should be supported by a purchase order,packing list and
vendor invoice.Credit card statem ents,travel itineraries,vendor statements and similar items do not
represent support fo r an expense.
Reco rds
Accounting records m ust be supported by source documentation.Invoices,bills of lading,purchase
vouchers,payrolls and the like must be secured and retained fo r five (5)years in order to show for what
purpose funds were spent.Payments should not be made w ithout 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 offi cials or their
representative.
A udits
Sub-Recipient shall adhere to the following audit requirem ents:.
1.A ud its fo r Fed e ral A w ards in excess of $7 50,000_in a fisca l year.
If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a
single audit or pro gram specific audit conducted for that year.The audit shall be conducted in
accordance with GAGAS and 2 CFR §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 requirem ents,the auditor shall perform procedures to obtain an understanding
of intern al contro ls and perform sufficient testing to ensure com pliance with the procedures.Further the
auditor shall determine whether the Sub-Recipient has com plied with laws,regulations and the
provisions of this Agreem ent
24
DOocusign Envelope ID FAD2C9C1-0860-46E6-AF6A-19793973CF6
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 S
200.501.
2.Audits for Federal Awards under $750,QQQ in a fiscal year.
lf 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.
25
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
EXHIBIT "E"
"Report Form s"
M IAMI BEACH
Sub-Recipient:
Project:
Funding Source:
Funding Fiscal Year:
Date of Reimbursement Request.I
Monthly Financial Report
Rep ort in g Pe riod :~-----
Draw #1~-----
Hispanic Business Initiative Fund Inc.O BA Prospera
Prospera Sm all Business Technical Assistance Program
CD B G FY 2024
2024
Reim b urse m e nt Sum m ary
Previous AvailableExpenseCategoryGrantAward This RequestRequestsBalance
P e rsonnel E xpenses $44 875.00 $$44,875.00 $
O perating E xpenses $$$$
Capital/Equipm ent Expenses $$$$
Pro fessional Serv ices Expenses $5.12 5.00 $$5.12 5.00 $
g s.g .s ee ml nl±-•H EET EITT I DEINE EET +
Sub -R ecip ien t Ce rt ificatio n
In acco rdance w ith th e contr act betw een the City and the Sub-R ecipient: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 w ith the contract betw een 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 sam e 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 acco rdance w ith the contract betw een the City 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.
S ignature of Preparing Part y
Nam e
Date
Signature of Authorizi ng Part y
Nam e
Date
26
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
REIMBURSEMENT SUMMARY
Reimbursement Detail
Personnel Expenses
•Employee (Name &Post/OW).»soi»
Personnel Expenses Total
Operating Expenses
Chao ±Cheo Date------Vendor Nare
Operating Expenses Total
Rate Quantity Total Reimb ursement
$s
s
s
$
$
s
$
$
Che:Amount Reimbursement Am:cunt
s
s
s
s
$
Capital/Equipment Expenses
Cheok Che&Date Verda Nsre Che&Amoun t Reimbursement Am.curt
s
s
s
s
Capital/Equipment Expenses Total $-
Professional Services Expenses
Professional Services Expenses Total
s
s
s
s
s
$
Other Expenses
/err Name Cheo Amount Rirrusament Am:cunt-----
Other Expenses Total
s
s
s
s
s
$
27
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
BE ACH
CITY OF MIAMI 8EACH
Otice of Housing and Community Serices
Corruny Oevecpmnen:Bick Grant.DB,ryy am
Sub.Re.pent On.st Mtotrng techs!
Public Services
ate of Monitoring Visit.
Sub-recipient.
4d8re:s
Phone
A Maten3l Objective 2rd Eigbhty.
$Con tormance to tne Sup-recupnen t Agreement
Eld3i2!Soi-'s net4 scope ut serves
ted n the rontractfs?Lust an eaton
Le.erot4comptsnrrents Hste poet arhevng the
experted ievets oat per oman ce 'norter ot persons evd
etc)and reach ng 'ne ntend ed dent group
ts me pe t accompsrn;wta 'was de9ne1
t0 $0G
[my7er1 -,ire work berg pert o re ±mn a
met mannee9 meld the shedue as ho n n
tre Sc ope o r %
u?ge!--0 act u a:e penc tu re s mah vanned
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+Es NO NA Comments :i:O I2.><+I0-3.01-(0 -I
-46To
Docusign Envelope ID'FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
8equ 4&.{LL[MI Are aymnen!requests tea
ubmtted in a tmet manner?
Ate p0re nt req ue$1$s on ss 7et w th v et 21 Mo o
3ccomp4shed?
Progress Repgods -+ave p ees$report s ten sut utted
n a tune!manner)
cl!Gd'op Does the poet contonm to any specol
terms,and on dton s ncduded n he gqreement?
3ub-recipient.
C Record-Keeping Systems (570.506)
"!D]2it-A4re ht otr,comprenensve ap to-date
ecurd tot con3en'al1?
Qurentaton Does sub.te€apen t have estabusted
procedure,tot collecting eigblt,ncome docuueat on
'rom program parc.pants tents
Oo proet he have necessary documentaton to 50pp7
na'on.al obpectve etvg bt ty and pro9tam costs
His!g H e:n n -Does sub-reopent nave a records
retenton poby and procedure?
3rte_±Lan@geren!ls poet manager locate0 on ste
and runnng day-to day opt.atons
No
Y s vO N A Comments
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
APPENDIX A,44 C.F.R.PART 18 -CERTIFICATION REGARDING LOBBYING Certification for
Contracts,Grants,Loans,and Cooperative Agreements
The Contractor certifies,to the best of his or her knowledge,that:
1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the Contractor,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 Federa l contract,grant,loan,or cooperative agreement.
2.If any funds other than Federal appropriated funds have been paid or will be 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,gra nt,loan,or cooperative agreement,the Contractor shall complete and submit
Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.
3.The Contractor shall require that the language of this certification be included in the award
documents fo r all subawards at all tiers (including subcontracts,subgrants,and contracts under
grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into.Submission of this certifica tion is a prerequisite for making or
entering into this transaction imposed by 31,U S.C.$1352 (as amended by the Lobbying Disclosure
Act of 1995).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.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification
and disclosure,if any.In addition,the Contractor understands and agrees that the provisions of 31
U.S.C.§3801 et seq.,apply to this certification and disclosure,if any.
I 4:00 PM EDT
Authorized Representative (Name):
Claudia Abreu
Baize d,Representative (Signature).
Lau.la Mu.
Docusign Envelope ID:FAD2C9C1-0860-46E6-AF6A-1979397D3CF6
SUSPENSION AND DEBARMENT CERTIFICATION
The Contractor acknowledges that:
(1)This Contract is a covered transaction for purposes of 2CF.R pt 180 and 2CF.R.pt 3000.
As such the Contractor is required to verify that none of the Contractor,its principals (defined at
2 C.F.R.$180.995),or its affiliates (defined at 2CF.RS 180.905)are excluded (defined at 2
CF.R.S 180.940)or disqualified (defined at 2CFR.S 180.935).
(2)The Contractor must comply with 2 C.F.R.pt.180,subpart C,and 2CF.R.pt 3000,subpart
C,and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3)This certification is a material representation of fact relied upon by the City.If it is later
determined that the Contractor did not comply with 2CFR.pt.180,subpart C and 2 C.F.R.pt.
3000,subpart C,in addition to remedies available to the City,the Federal Government may
pursue available remedies,including but not limited to suspension and/or debarment.
(4)The Contractor agrees to comply with the requirements of 2CF.R.pt.180,subpart C,and 2
CF R pt.3000,subpart C,while this offer is valid and throughout the period of any contract that
may arise from this offer.The Contractor further agrees to include a provision requiring such
compliance in its lower tier covered transactions."
By virtue of submitting bid,bidder certifies or affirms its compliance with the Suspension and
Debarment Certification.
1Ca,tac/or A uthorized Representative (Nam e):
lu st0 Saal/ra Cla udia Abreu
Date Signe d:[A 4 29,gd,R epresentative (S ignature)
10/15/2024 I 4:00 PM EDT (Lau lia.uru
O.
RESOLUTION NO.2024-33187
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,ADOPTING THE ONE-YEAR ACTION PLAN FOR
FISCAL YEAR 2024 FOR FEDERAL FUNDS,WHICH INCLUDE THE BUDGETS
FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROGRAM,
IN THE AMOUNT OF $889,998.00,AND THE HOME INVESTMENT
PARTNERSHIPS (HOME)PROGRAM,IN THE AMOUNT OF $508,242.00;AND
AUTHORIZING THE CITY MANAGER TO:(1)ALLOCATE CDBG FUNDING TO
THE FOLLOWING PROGRAMS:(I)$14,000.00 TO UNIDAD OF MIAMI BEACH,
INC.PROJECT LINK;(II)$35,000.00 TO BOYS AND GIRLS CLUBS OF MIAMI-
DADE;(Ill)$21,638.00 TO AYUDA,INC.-HERE FOR YOU PROGRAM;(IV)
$14,440.00 TO UNIDAD OF MIAMI BEACH,INC.SENIOR RECREATION AND
LANGUAGE PROGRAM;(V)$25,200.00 TO FRIENDSHIP CIRCLE MIAMI
BEACH AND NORTH DADE,INC.SUNDAY CIRCLE PROGRAM;(VI)
$15,000.00 TO CITY OF MIAMI BEACH OFFICE OF COMMUNITY SERVICES
GROCERY PROGRAM;(VII)$8,221.00 TO BUDDY SYSTEM MIA,INC.FOOD
DISTRIBUTION PROGRAM;(VIII)$50,000.00 FOR TENANT RELOCATION
COSTS;(IX)$454,500.00 TO AN AFFORDABLE HOUSING REHABILITATION
PROJECT AND/OR ACQUISITION PROJECT;(X)$50,000.00 TO HISPANIC
BUSINESS INITIATIVE FUND INC.D/B/A PROSPERA FOR SMALL BUSINESS
ASSISTANCE (XI)$24,000.00 TO WEECARE,INC.D/B/A UPWARDS FOR THE
BOOST PROGRAM;AND (XII)$177,999.00 FOR PROGRAM
ADMINISTRATION,OF WHICH $20,000.00 SHALL BE ALLOCATED TO
HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE,INC.(HOPE,INC.)
FOR U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)-
RELATED FAIR HOUSING SERVICES;AND (2)ALLOCATE HOME FUNDING
TO THE FOLLOWING ()$381,182.00 TO TENANT-BASED RENTAL
ASSISTANCE;(II)$76,236.00 TO A COMMUNITY HOUSING DEVELOPMENT
ORGANIZATION (CHDO);AND (Ill)$50,824.00 FOR PROGRAM
ADMINISTRATION;AND (3)TRANSMIT TO HUD A SUBSTANTIAL
AMENDMENT TO THE HUD FY 2021 ACTION PLAN,REALLOCATING
$112,269.35 OF EXISTING HOME AMERICAN RESCUE PLAN (HOME-ARP)
FUNDING FROM NON-PROFIT CAPACITY BUILDING FUNDS TO
SUPPORTIVE SERVICES,THEREBY INCREASING THE TOTAL ALLOCATION
FOR SUPPORTIVE SERVICES TO $508,578.95,OF WHICH $100,000.00 WILL
BE ALLOCATED TO LEGAL SERVICES OF GREATER MIAMI,INC.NORTH
BEACH HOUSING STABILITY PROJECT AND $127,911.95 WILL BE
DESIGNATED FOR USE BY ELIGIBLE HOUSEHOLDS AT RISK OF
HOMELESSNESS;AND (4)EXECUTE ALL APPLICABLE DOCUMENTS
RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE
PROGRAM FUNDS;AND (5)SUBMIT THE ONE-YEAR ACTION PLAN TO THE
HUD;AND (6)MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE-
YEAR ACTION PLAN OR THE FIVE-YEAR CONSOLIDATED PLAN,OR THE
RESULTING AGREEMENTS (WHICH DO NOT ALTER THE PURPOSE,
SCOPE,APPROVED BUDGET AND/OR INTENT OF THE PLANS);AND (7)
EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN
NECESSARY;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AGREEMENTS WITH SUB-RECIPIENTS OF CDBG AND
HOME PROGRAM FUNDS AND CITY INTERDEPARTMENTAL AGREEMENTS.
WHEREAS,the City is an entitlement recipient of U.S.Department of Housing and Urban
Development (HUD)federal form ula grant programs as follows:Community Development Block
Grant (CDBG)funds and HOME Investment Partnerships (HOME)funds;and
WHEREAS,the Five-Year Consolidated Plan and the One-Year Action Plan is a federal
requirement for all HUD entitlement jurisdictions,including the CDBG and HOME Programs;and
WHEREAS,the proposed Five-Year Consolidated Plan for FY 2023-2027,adopted on
June 28,2023 via Resolution No.2023-3263,is the City's long-term plan on how it intends to use
federal CDBG and HOME entitlement funds for the term of the Plan;and
WHEREAS,the Action Plan provides a concise summary of the actions,activities,and
programs that will take place during the program year to address the priority needs and goals
identified in the Five-Year Consolidated Plan;and
WHEREAS,the 2024 Action Plan must be submitted to HUD by August 15,2024,using
HUD's Integrated Disbursement Information System (IDIS).;and
WHEREAS,the One-Year Action Plan for FY 2024 is based upon the City's federal
entitlement allocation of $889,998.00 in CDBG funds and $508,242.00 in HOME funds;and
WHEREAS,CDBG funds may be used for a maximum of 20 percent ($177,999.00)for
program planning and administration activities and a maximum of 15 percent ($133,499.00)for
public service activities;and
WHEREAS,on March 14,2024,the Administration issued a Request for Applications
(RFA)for CDBG,HOME,and HOME-ARP funds approved via Resolution 2024-32498;and
WHEREAS,the resulting CDBG recommendations for public services,are as follows:
$14,000.00 for UNI DAD of Miami Beach -Project Link;$35,000.00 for Boys &Girls Club of Miami-
Dade aftercare and summer camp;$21,638.00 for Ayuda -Here for You Program;$14,400.00 for
UNIDAD of Miami Beach -Recreation and Language Services;$25,200.00 for Friendship Circle
-Sunday Circle,$15,000.00 for the City's Grocery Assistance Program,and $8,221.00 for Buddy
System food distribution;and
WHEREAS,the resulting CDBG recommendations for economic development,are as
follows:$50,000.00 for Hispanic Business Initiative Fund,Inc.d/b/a Prospera for small business
assistance,and $24,000.00 to WeeCare,Inc.d/b/a Upwards for the BOOST program;and
WHEREAS,the Administration recommends allocating $50,000.00 in CDBG funds to
cover costs associated with complying with the Uniform Relocation Assistance and Real Property
Acquisition Policies Act (URA )requirements for a property acquired by the City for affordable
housing;and
WHEREAS,the Administration is recommending deferral of the $454,500.00 in CDBG
funds for future award to a shovel-ready project addressing housing affordability;and
WHEREAS,the City will contract Housing Opportunities Project for Excellence,Inc.
(HOPE,Inc.)for the provision of HUD-mandated fair housing services in the amount of
$20,000.00,utilizing CDBG planning and administration funds;and
WHEREAS,HOME funds may be used for a maximum of 10 percent ($50,824.00)for
program planning and administration activities;and
WHEREAS,the HOME Program rules require each entitlement community to reserve a
minimum of 15 percent ($76,236.00)of its annual allocation for activities undertaken by qualified
Community Housing Development Organizations (CHOO);and
WHEREAS,a CHOO is a private nonprofit,community-based housing development
organization that has identified the development of affordable housing as its primary mission and
has the capacity to develop affordable housing;and
WHEREAS,no applications were received for HOME funds during the RFA process,and
the Administration recommends allocating $381,182.00 in HOME funds to implement a Tenant-
Based Rental Assistance (TBRA )Program;and
WHEREAS,to qualify,households must have an income that does not exceed 80%of the
area median income (AMI),with the assistance covering a portion of the rent and the tenant
paying the remaining amount based on their income,and in some cases,the program may also
cover security deposits,utility deposits,and utility payments;and
WHEREAS,one application was received for the HOME-ARP funding for this RFA from
Legal Services of Greater Miami under the Supportive Services category;and
WHEREAS,the City has funded two projects administered by Legal Services:Tenant
Defense and North Beach Homeless Prevention Project,both of which will expire on September
30,2024;and
WHEREAS,the resulting HOME-ARP recommendations for Supportive Services are as
follows:$100,000.00 for the Legal Services of Greater Miami -North Beach Housing Stability
Project;and
WHEREAS,from time to time,it may be necessary for the City to process a "Substantial
Amendment"to the Five-Year Consolidated Plan and the annual Action Plan to allow for the
funding of new activities,modification of existing activities,or other program administrative
actions;and
WHEREAS,pursuant to 24 CFR $91.505 (a),the City is required by HUD to identify the
criteria to be used in determ ining if a proposed action will be considered a "Substantial
Amendment,"as follows:
1.A change in allocation priorities or a change in the method of distributing funds;
2.Funding an activity using funds from any program covered by the Plan (including
program income)not previously described in the One Year Action Plan;or
3.A change in the purpose,scope,location,or beneficiaries of an activity;and
WHEREAS,any proposed amendment considered a Substantial Amendment requires
approval by the City Commission;and
WHEREAS,in accordance with 24 CFR $91.505 (b),a Substantial Amendment requires
Citizen Participation;and
WHEREAS,a substantial am endment to the 2021 Action Plan was appro ved on January
20,2022,via Resolution 2022-31979,to include th e alloca tion plan fo r HO M E-ARP funding;and
WHEREAS,the Adm inistration now seeks to move HO M E-ARP funds,in the am ount of
$112,269.35,from the Non-Profit Capacity Building Fund category to Supportive Serv ices,given
the lack of applications received for the former,bringing the am ount allocated to Supportive
Services to $508,578.95;and
WHEREAS,after accounting fo r previously funded Supportive Serv ices projects,in the
am ount of $280,667.00,$227,911.95 ($508,578.95 -$280,667.00)of unencum bered funds would
be left,from which $100,000.00 will be allocated to Legal Serv ices of Greater Miam i -North Beach
Housing Stability Project,leaving a balance of $127,911.95;and
WHEREAS,the Administration recomm ends using these funds for eligible HOME-ARP
financial assistance to support households at risk of hom elessness,as defined in 24 CFR 91.5,
covering costs such as:security deposits,utility deposits and payments,moving costs,first and
last months'rent,payment of rental arrearages (up to six months);and
WHEREAS,in accordance with the Citizen Participation Plan,the City advertised a notice
of public hearing and public 30-day comm ent period (May 13,2024 -June 11,2024)for
com m unity developm ent needs with a public hearing held on May 28,2024 and
WHEREAS,the City advertised a Notice of a 30-day public com m ent period and public
hearing (June 17,2024 -July 16,2024)for the draft Action Plan and substantial am endment,
with a Public Hearing held on July 10,2024.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City
Com m ission hereby adopt the O ne-Year Action Plan for Fiscal Year 2024 for federal funds,which
includes the budgets for the Com munity Developm ent Block Grant (CDBG)program,in the
am ount of $889,998.00,and the Hom e Investment Partnerships (HO M E)pro gram ,in the amount
of $508,242.00;and authorizing the City Manager to:(1)allocate CDBG funding to the following
program s:(i)$14,000.00 to UNIDAD of Miam i Beach,Inc.Project LINK;(ii)$35,000.00 to Boys
and G irls Clubs of Miam i-Dade;(iii)$21,638.00 to Ayuda,Inc.Here for You Program;(iv)
$14,4 40.00 to UNIDAD of Miam i Beach,Inc.Senior Recreation and Language Program ;(v)
$25,200.00 to Friendship Circle Miam i Beach and North Dade,Inc.Sunday Circle Pro gram;(vi)
$15,000.00 to City of Miam i Beach Office of Com m unity Serv ices Gro cery Program ;(vii)
$8,221.00 to Buddy System MIA,Inc.Food Distribution Program ;(viii)$50,000.00 for tenant
relocation costs;(ix}$454,500.00 to an affordable housing rehabilitation project and/or acquisition
project;(x)$50,000.00 to Hispanic Business Initiative Fund,Inc.d/b/a Pro spera for sm all business
assistance;(xi)$24,000.00 to Weecare,Inc.d/b/a Upwards fo r the BO OST Program ;(xii)
$177,999.00 fo r program adm inistration,of which $20,000.00 shall be allocated to Housing
O pportunities Project for Excellence,Inc.(HO PE,Inc.)for U.S .Departm ent of Housing and Urban
Developm ent (HUD)-related fair housing serv ices;and (2)allocate HO M E funding to the following:
(i)$381,182.00 to tenant-based rental assistance;(ii)$76,236.00 to a Com m unity Housing
Developm ent O rganization (CHDO );and (iii)$50,824.00 for program administration;and (3)
transm it to HUD a substantial am endment to the HUD FY 2021 Action Plan,reallocating
$112,269.35 of existing HO M E Am erican Rescue Plan funding (HO M E-ARP)from Non-Profit
Capacity Building funds to Supportive Serv ices,thereby increasing the total alloca tion for
Supportive Serv ices to $508,578.95,of which $100,000.00 will be allocated to Legal Serv ices of
G reater Miam i,Inc.North Beach Housing Stability Project and $127,911.95 shall be designated
for use by eligible households at risk of homelessness;and (4)execute all applicable documents
related to the appropriation and allocation of these program funds;and (5)Submit the One-Year
Action Plan to HUD;and (6)make minor non-substantial changes to the One-Year Action Plan or
the resulting agreements (which do not alter the purpose,scope,approved budget,and/or intent
of the plans);and (7)extend the expiration dates of said agreements when necessary;and further
authorize the City Manager and City Clerk to execute agreements with sub-recipients of CDBG
and HOME program funds and City interdepartmental agreements.
Ass a AoreD ts_%_ca or _/«Uy 2024.
ATTEST:
JUL 3 0 2024
Rafael E.Granado,City Clerk
Sponsored by Commissioner Alex J.Ferandez
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
(g et.+
City Attorney~Dote
MIAMI BEACH Contract/Document Routing Form
N/A
ET3
CDBG FY 2024 Agreement for Hispanic Business Initiative Fund,Inc.DBA Prospera
En7TETI
Hispanic Business Initiative Fund,Inc.DBA Prospera
Ms t
X Type 1-Contract,amendment,change order,or task order resulting from a procurement-issued com pet
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 5-Grant agreements with the City as the granter
Type 7-Inter-governmental agency agreement
Type 8-Other:
Attached is Amendment No.l to the Hispanic Business Initiative Fund,Inc.DBA Prospera.FY 2024 CDBG Agreement in the
amount of $50,000.On March 14,2024,the Mayor and City Commission approved Resolution No.2024-33187 authorizing
the Administration to issue a FY 2024 Request for Applications (RFA)for the HOME Investment Partnership Program,
Community Development Block Grant program and HOME American Rescue Plan Program.Hispanic Business Initiative Fund,
Inc.DBA Prospera submitted a proposal for CDBG Prospera Small Business Technical Assistance Program for $50,000.00 to
provide comprehensive technical assistance to microenterprises,small business owners,and aspiring entrepreneurs
throughout the City of Miami Beach.The program will include the following services:Conducting 8 educational seminars (4
in-person and 4 virtual},with 4 seminars offered in English and 4 in Spanish.Delivering one-on-one counseling sessions for
20 small business owners and entrepreneurs,focusing on business start-up,planning,expansion,and readiness to access
micro-loans.Awarding 6 business advancement services to small businesses,offering operational support in areas such as
legal,accounting,and marketing.The activity is listed under Economic Development in the Consolidated Plan.On July 24,
2024,the Mayor and City Commission of Miami Beach approved Resolution No.2024-33187 adopting the One-Year Action
Plan for FY 2024,which includes a total CDBG budget of $889,998.00 and a HOME budget of $508,242.00.
The original Agreement was executed November 1,2024.This Amendment is necessary to update the insurance requirements
as directed by Risk Management.Page 10,Section 21,titled Indemnification/Insurance Requirements,is hereby amended to
remove subsection Din its entirety and replace it with the following:
Professional Liability (Errors &Omissions)Insurance appropriate to the Consultant's profession,with a limit no less
than $2,000,000.
The removal and replacement of this subsection has been reviewed and approved by the Risk
Management Department,which has determined that the original coverage is not required due to the nature of the services
provided under this Agreement.
EE77ET7]ETTIE7I7TIT @j]T e [jT:-I':T [I F 1I
Retroactively 1 year (10/01/2024-0 Retroactively 1 year (10/01/2024-
9/30/2025)9/30/2025)
[TITTL.TE1
Grant Funded:I X I Yes I No I I State I X I Federal I I Other:I
EI7 EETTI7E T}
(7HT3 LI1ITT!ETTI ET TI EE:TEITEL'LITT
1 $50,000 132-0530-000345-23-404-534-25-00-00-50525 Yes X No
2 Yes No
3 Yes No
4 Yes No
5 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.
•a
IT li'
City Commission Approved:•I Yes I I
No Resolution No.:I CC Agenda Item No.:I CC Meeting Date:
2024-33187 I I
If no,explain why CC approval is not required:
egal Form Approved:[X I Yes I I No If no,explain below why form approval is not necessary:
tr -a --it]4 ti1?1 »}j]'}iLz :ii.It.nG}]
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
