FY 2014 Continuum of Care (CoC) Program Homeless Assistance Grant C20/q--02 ff76,
MIAMbQAD@
COUNTY'
FY 2014 Continuum of Care (CoC) Program
Homeless Assistance Grant
United States Department of Housing and Urban Development
(US HUD)
Recipient: Miami-Dade County through its Homeless Trust
and
Subrecipient: City of Miami Beach
Program Name: City of Miami Beach Outreach
Grant #: FL0177L4D001407
1
INDEX
Cover page---page 1
Index---page 2
Whereas and preamble---page 3
1. Statement of Work
a. Activities---page 3
b. Time Schedule---page 4
c. Budget---page 4,5
2. Records and Reports
a. Financial Management---page 6
b. Records and Access to Records---page 7
c. Public Records---page 8
d. Encouraging Efficient Use of Information Technology and Shared Services---page 8,9
e. Reports:items i) Progress Reports;ii)APR;iii) Survey;iv) Program Income;v) Guidelines;
vi)Audit;vii) Incident;viii) COOP through ix) Mandatory Disclosures---page 9,10,11
3. Special and General Conditions
a. Staff Responsibility---page 11
b. Client Referral Process---page 11
c. Documents to facilitate the Reimbursement of services---page 11
d. Compliance with Rental Assistance,page 11
e. VAWA Emergency Transfer Plan---page 12
f. Performance Improvement Plans---page 12
g. General Conditions
i. Insurance;ii.Indemnification;iii Certification and Representation;iv Conflict of
Interest;v Affidavits---page 12, 13, 14, 15
h. Civil Rights---page 15, 16, 17
4. Suspension and Termination
a. Suspension---page 17
b. Termination---page 18, 19
5. Future Funding Applications---page 20
6. Reversion of Assets
a. Term of Commitment---page 20
b. Repayment of Grant---page 20
c. Prevention of Undue Benefit---page 20
d. Revocation of License or Permit---page 20
e. Declaration of Restrictive Covenant and Declaration of Restrictions---page 21
7. Uniform Administrative Requirements
a. Accounting Standards,Costs Principles and Regulations---page 22
b. Retention of Records---page 23
8. Additional Requirements
Items a through ff---pages 22 through 32
9. Religious Organizations---page 32
10. Health Insurance Portability and Accountability Act(HIPAA)---page 33
11. Proof of Licensure/Certification and Background Screening
a. Licensure/Certification---page 34
b. Background Screening---page 34
Signature---page 35
Index of Attachments A through K---page 36
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 2
Agreement between Miami-Dade County and
City of Miami Beach
For the US HUD FY 2014 CoC Homeless Program Grant#FL0177L4D001407
City of Miami Beach Outreach
THIS l s`� ��.y 5
S AGREEMENT, entered this day of J , 201 , by and
between Miami-Dade County, on behalf of its Homeless Trust (HT) (hereinafter called the
"Collaborative Applicant" "Recipient" "County" and "Grantee"), and City of Miami Beach,
(hereinafter referred to as the "Subrecipient") under this Agreement.
WHEREAS, the Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act, consolidating
three (3) separate reauthorized McKinney-Vento Homeless Assistance Programs,
Supportive Housing Program (SHP), Shelter Plus Care (S+C) Program, and Section 8
Moderate Rehabilitation (SRO) Program(S 0) og am into a single grant program known as the
Continuum of Care (CoC) Program.
WHEREAS, the Grantee has applied for and received funds from the United States
Department of Housing and Urban Development (US HUD) under the McKinney-Vento
o
Homeless Assistance Act as amended by The HEARTH Act of 2009 (42 U.S.C. 11381, et.
al.).
WHEREAS, the Grantee agrees to comply with all requirements of this Agreement and to
accept responsibility for such compliance by the Subrecipient to which it,makes grant
funds available; and
NOW,THEREFORE, it is agreed between the parties hereto that;
1. Statement of Work
a. Activities - The Subrecipient shall adhere to the "US HUD FY 2014 CoC Program
Grant Agreement", which includes the "2012 Continuum of Care Program Grant
Agreement, 'Exhibit 2 Scope of Work for FY2013 Competition and Scope of
Work Exhibit for the FY 2014 CoC Program Competition",Attachment A, which
is incorporated herein and governed by the Continuum of Care (CoC) Program rules
and regulations. The Subrecipient shall comply with all applicable federal, state and
local laws, regulations and ordinances, including but not limited to 24 CFR Part
578, as may be amended, the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381-11389) (the "Act"), as may be amended, the Consolidated and Further
Continuing Appropriations Acts of 2013 and 2014 (The Consolidated
Appropriations Act of 2014, Public Law 113-76, approved January 17, 2014 in the
"FY 2014 HUD Appropriations Act") as well as with any other terms and conditions
as HUD may have established in the applicable Notice of Funds Availability (NOFA)
and with any applicable guidance, requirements and directives provided by US HUD
and with any applicable guidance, requirements and directives provided by Miami-
Dade County Homeless Trust.
The Subrecipient shall carry out the activities specified in the"Scope of Service and
US HUD eSnaps Documents"Attachment B. The Subrecipient shall also adhere to
the Standards of Housing and Services as set forth in the "Miami-Dade County
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 3
i
Homeless Trust Standards of Care", as may be amended from time to time and
incorporated herein by reference. The Subrecipient shall adhere to all applicable
federal, state and local laws, regulations, rules and standards, as well as with the
terms of this Agreement including all attachments.
b. Time Schedule - The Grantee and the Subrecipient agree that this Agreement shall
become effective on June 1.2015.
This Agreement shall expire on May 31, 2016,one (1)year from the effective date.
Any cost incurred by the Subrecipient beyond this date will not be paid by the
Grantee, except as specifically provided herein. Notwithstanding any provision
herein to the contrary, certain requirements imposed on the Subrecipient by this
Agreement and federal regulations may continue for a term of at least fifteen (15)
years from the date of initial occupancy or service, as provided in this Agreement or
as specified by law or regulation. The requirements of this Agreement shall remain
in effect during any time period that the Subrecipient has control over any funds
generated or provided in connection with this Agreement, including program
income.
c. Budget - The Grantee agrees, subject to the availability of funds and payment of
funds to the Grantee by the United States Department of Housing and Urban
Development and subject to the Subrecipient's compliance with all applicable laws
and agreement terms as determined by the Grantee, to pay for contracted activities
according to the terms and conditions contained within this Agreement,
Subrecipient's application for the CoC Homeless Assistance Program, and the
Subrecipients NOFA application documents as Project Sponsor and "Scope of
Service and US HUD eSnaps documents" including the Budget incorporated
herein as Attachment B, in an amount not to exceed $0.00 for Rental Assistance,
$0.00 for Leasing, $60.946.00 for Supportive Services, $0.00 for Operations and
$4266.00, for overall project administration costs for a total budget of
$65.212.00.
Pursuant to 24 CFR 578.59, the Grantee shall retain 50% of the overall project
administration costs, except where limitations are imposed as may be applicable
pursuant to 42 USC § 11383 (a).
If applicable, the Subrecipient shall be reimbursed for capital funding on an
incremental basis, based on the following completion benchmarks: 30%, 30%,
30% and 10% to be provided when a final Certificate of Occupancy is obtained
from the developer, in accordance with any applicable laws and regulations. All
other activities shall be paid on a reimbursement basis following the submission of a
monthly invoice along with the appropriate supporting documentation.
In accordance with federal requirements including 24 CFR Part 578.73, the
Subrecipient agrees to provide match funds in an amount that represents no less
than twenty-five percent (25%) cash or in-kind contributions on all eligible grant
funds, except leasing. If in-kind services provided through a third party are used to
fulfill part of the match, a fully-executed Memorandum of Understanding (MOU)
between the Subrecipient and the third party that will provide the services must be
submitted to the Grantee.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 4
The budget figures above represent the original line item totals as delineated in the
"US HUD Grant Agreement" Attachment A. The Subrecipient may propose to
shift funds by less than 10% between eligible categories in the "Scope of Service
and US HUD eSnaps Documents" Attachment B, if the appropriate match is
provided, the administrative costs are not increased and the proposed shift is
submitted in writing for the Grantee's consideration. The Grantee may, but is not
required to,approve the proposed shift. Any approval must be in writing.
As such, if Attachment B is modified as described above, the figures within the
"eSnaps Application" may not match the contracted figures delineated in the "US
HUD Grant Agreement." Notwithstanding the above, significant changes of
greater than 10% from one approved eligible category to another as delineated in
the "US HUD Grant Agreement" shall require the Grantee's written approval, as
well as formal budget approval and an amendment to the "US HUD Grant
Agreement"between the Grantee and US HUD.
This is a Performance-based Agreement to deliver housing and or services to
Continuum of Care (CoC) program participants. The Subrecipient shall provide
seven hundred (700) outreach contacts and at least three hundred fifty (350)
CoC Homeless Assistance placements of homeless individuals and families. This
program's office is located at 555 17th Street, Miami Beach, Florida 33139. Services
are located in Miami-Dade County, Florida. The Subrecipient shall provide services
as outlined in the Attachments to this Agreement as required, pursuant to the FY
2014 US HUD CoC Program Homeless Assistance Program Competition as submitted
in the project application,incorporated herein by reference.
Availability of funds shall be determined in the Grantee's sole discretion.
If this Agreement is for permanent supportive housing or permanent housing for
eligible homeless individuals and /or homeless families; the Subrecipient agrees
that no undocumented or illegal immigrants shall be eligible for services provided
under this Agreement. Additionally, the Subrecipient shall comply with The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as
may be amended and applicable law, in verifying citizenship, residency and
immigration status of potential participants.
If this Agreement is for permanent supportive housing or permanent housing for
homeless individuals and or homeless families, under the Rental Assistance
Program: It is the Subrecipient's sole responsibility to identify eligible rental units
for eligible homeless participants, and it is the Subrecipient's sole responsibility to
enter into a "Housing Assistance Payment (HAP) Contract" Attachment K with
the eligible owner of each rental unit ("Landlord"). The Subrecipient must use the
HAP Contract template forms attached to this Agreement when the Subrecipient
contracts with the Landlord. The Subrecipient is responsible for ensuring the HAP
Contract complies with all program requirements, terms and conditions of this
Agreement, and applicable law. The Grantee, Miami-Dade County, shall not be a
party to the HAP Contract. Should the Subrecipient desire or require any
amendments to the HAP Contract template form; the Subrecipient shall advise the
Grantee of the proposed amendment(s) and explain why the amendment(s) is
desired or required prior to amending the HAP Contract template form. The
Subrecipient is solely responsible for paying rent to the Landlords on time. The
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 5
Subrecipient shall develop forms for Landlords' use in collecting late fees arising
from Subrecipient's failure to pay a Landlord rent on time. The Subrecipient shall be
solely responsible for payment of any late fee arising from any late rent payment(s)
to Landlord(s). The Subrecipient shall indemnify the Grantee, Miami-Dade County,
and pay all costs of defense, including attorneys' fees arising from or related to the
HAP Contract and this provision.
2. Records and Reports
a. Financial Management - The Grantee and the Subrecipient shall adhere to the
requirements for financial reporting as required pursuant to the Federal Office of
Management and Budget (OMB) Omni or Super Circular 2 CFR Chapter I, and
Chapter II, Parts 200, 215, 220, 225, and 230 Uniform Administrative
Requirements, Cost Principles,and Audit Requirements for Federal Awards, as
may be amended or updated from time to time; 24 CFR Part 578, as may be
amended or updated from time to time; and any other applicable laws, regulations
and standards.
Requests for payment shall be submitted to the Grantee by the fifteenth (15th) of
the month in the following manner. All requests shall include supporting
documentation for each line item, including payroll reports, time sheets, invoices,
leasing agreements and shall be signed by the Executive Director, Financial Officer
or other duly authorized fiscal agent of the Subrecipient in the forms incorporated
herein as combined"Consolidated Financial Record and Reports",Attachment F.
Reimbursement shall be provided only for eligible costs associated with the
activities outlined in the budget contained within the "Scope of Service and US
HUD e-Snaps Documents"Attachment B.
Any reimbursement may be withheld or reduced by the Grantee if missing receipt of
documents verifying the in-kind or cash match expenditures or compliance
requirements are not met. Cash match or in-kind contributions must be used for the
costs of activities that are eligible in the governing regulations.
Any reimbursement may be withheld pending the receipt of approval by the Grantee
of all reports and documents required herein, including but not limited to the
submission of an accurate and complete Annual Performance Report (APR)
"Performance Reports (Monthly and Annual) HMIS and Fiscal Report"
Attachment G. The Subrecipient shall provide a certification statement for all
annual financial reports and requests for payment which states the following: `By
signing this report, I certify to the best of my knowledge and belief that the report is
true, complete and accurate and the expenditures, disbursements and cash receipts are
for the purposes and objectives set forth in the terms and conditions of the federal
award. I am aware that any false,fictitious, or fraudulent information or the omission
of any material fact, may subject me to criminal civil or administrative penalties for
fraud,false statements,false claims or other offense."
In no event shall the Grantee funds be advanced to any of the Subrecipient's
subcontractors hereunder.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 6
The parties agree that the Subrecipient may request a revision, amendment, or
modification of the schedule of payments or line item budget. However, such
revisions, amendments or modifications shall be, in writing and subject to review
and approval by the Grantee and, if applicable, by US HUD. If there is a request to
shift greater than 10% of funds between funding activities, such requests shall be
submitted to the Grantee no later than one hundred twenty(120) calendar days
prior to the expiration of the grant. If the request is a shift of less than 10% of funds
between funding activities, a modification or revision, shall be submitted to the
Grantee no later than fifty (50) calendar days prior to the expiration of the grant.
Failure to submit the appropriate supporting documentation in a timely manner
may result in the inability of the Grantee to revise,amend or modify the budget.
A final request for reimbursement from the Subrecipient will be accepted by the
Grantee up to thirty (30) days after the expiration of this Agreement. If the
Subrecipient fails to comply, all rights to payments will be forfeited if the Grantee so
chooses.
A final report of expenditures shall be submitted to the Grantee within thirty (30)
calendar days from the termination or expiration of this Agreement. If after the
receipt of such final report, the Grantee determines that the Subrecipient has been
paid funds not in compliance with the Agreement, and to which the Subrecipient is
not entitled,the Subrecipient shall be required to return such funds. However, if the
Subrecipient submits documentation demonstrating that the expenditure was in
compliance with this Agreement to the satisfaction of the Grantee, the funds shall
not have to be returned. The Grantee shall have the sole and absolute discretion to
determine if the Subrecipient is entitled to such funds and the decision of the
Grantee in this matter shall be final and binding.
b. Records and Access to Records.- Agreement records are defined as any and all
books, records, client files (including client progress reports, referral forms, case
notes and other reports or work product), documents, information, data, papers,
letters, materials, electronic storage data and media whether written, printed,
electronic or electrical, however collected or preserved which is or was produced,
developed, maintained, completed, received, or compiled by or at the direction of
the Subrecipient or any subcontractor directly or indirectly related to the duties and
obligations required by terms of this .Agreement, including but not limited to
financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic
tapes,computer drives,flash drives and diskettes or surveys.
The Subrecipient shall maintain Agreement records that document all actions to
comply with and that relate to this Agreement, including those on race, ethnicity,
gender, disability and homeless status data; and those in accordance with generally
accepted accounting principles,procedures, and practices as required in OMB Omni
or Super Circular Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the
Grantee pursuant to the terms of this Agreement which shall include but not limited
to a cash receipt journal, cash disbursements journal, general ledger, and all such
subsidiary ledgers as may be reasonably necessary.
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 7
•
The Subrecipient shall provide to the Grantee, upon request by the Grantee, all
Agreement records. The requested Agreement records shall become the property
of the Grantee without restriction, reservation, or limitation of their use and shall be
made available by the Subrecipient at any time upon request by the Grantee. The
Grantee shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These unlimited rights
° include the rights of royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use the work for
public purposes.
The Subrecipient shall ensure that the Agreement records shall at all times be
subject to and available for full access and review, inspection, or audit by Grantee
and Federal personnel and any other persons so authorized by the Grantee.
The Subrecipient shall include in all the Grantee approved subcontracts, language
outlining eligible substantive programmatic services, recordkeeping and audit
requirements as detailed in this Agreement. This includes all subcontractors
eligible to carry out substantive programmatic services as detailed in this
Agreement. The Grantee shall, in its sole and absolute discretion, determine when
•services are eligible substantive programmatic services and subject to the audit and
recordkeeping requirements described in this Agreement. These records shall be
maintained pursuant to this Agreement.
If the Subrecipient received funds from or is under regulatory control of other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, then the Subrecipient shall provide to the
Grantee a copy of each report and any follow-up communications and reports
immediately upon such issuance unless such disclosure is a violation of those
agencies' rules.
c. Public Records - As may be applicable, pursuant to §119.0701, Florida Statutes,
Subrecipient shall keep and maintain public records that ordinarily and necessarily
would be required by the Grantee in order to perform the service,provide the public
with access to public records on the same terms and conditions that the Grantee
would provide the records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law, ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law, and meet all
requirements for retaining public records and transfer, at no cost,to the Grantee all
public records in possession of the Subrecipient upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the Grantee in a format that is compatible with
the information technology systems of the Grantee.
d. Encouraging Efficient Use of Information Technology and Shared Services - in
accordance with the May 2013 Executive Order on Making Open and Machine
Readable the New Default for Government Information, OMB Omni or Super
Circular 2 CFR Chapters I, Chapters II, Part 200, et al. Section 200.335 Methods
for Collection, Transmission and Storage of Information; the Subrecipient is
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 8
encouraged whenever practicable, to collect, transmit and store Federal award-
related information in open and machine-readable formats.
e. Reports -The Subrecipient shall submit to the Grantee the reports described below
or any other document in whatsoever form, manner, or frequency as may be
requested by the Grantee. These reports will be used for monitoring the progress,
performance,and compliance with applicable Grantee and Federal requirements.
i. Progress Reports - The Subrecipient shall submit a "Homeless Management
Information System (HMIS) generated "Performance Report", Attachment
G, along with a summary and the specified forms attached hereto as
"Consolidated Financial Record and Reports",Attachment F. These reports
may be revised or updated by the Grantee from time to time; and shall describe
the progress made by the Subrecipient in achieving each of the objectives
identified in "Scope of Service and US HUD eSnaps Documents" Attachment
B. The reports shall explain the Subrecipient's progress including comparison of
actual versus planned progress for the period. The reports are due by the
fifteenth (15th) day of the following month. The request for reimbursement,
are also due by the fifteenth (15th) day following the close of the prior month.
Subrecipients that are Domestic Violence Programs shall participate in a HMIS-
equivalent system. Such Subrecipients shall provide proof to the Grantee of the
utilization of an alternative system to compile all required data for the
Performance Report.
ii. Annual Performance Report - The Subrecipient shall submit a HMIS generated
"US HUD CoC Annual Performance Report (0625-HUD-CoC-APR)"
Attachment G, in addition to a complete and accurate report using
supplemental "eSnaps CoC APR Financial and Performance Questions"
provided by the Grantee Attachment G. The complete and accurate APR is due
to the Grantee no later than thirty (30) days after the end of each operating
year. The above referenced report may be substituted for any other US HUD
required Report if approved by US HUD:
iii. A Program Rating and Satisfaction Survey Report shall be conducted and
retained by the Subrecipient in a separate file and available for review and
monitoring or as requested by the Grantee. The Program Rating and Satisfaction
Survey forms, included herein by reference may only be substituted or updated
by the Grantee with a comparable satisfaction survey.
iv. Program Income - The Subrecipient shall submit all reporting requirements of
the program which include applicable limitations on the use of grant funds to
serve persons defined as homeless under other federal laws, conflicts of interest
standards, and standards for identifying uses of program income using the
specified forms attached hereto as "Consolidated Financial Record and
Reports", Attachment F. Occupancy charges and rent collected from program
participants are program income and may be used as provided under 24 CFR
578.97. Program Income is defined as the income received by the recipient or
subrecipient directly generated by a grant-supported activity. Rent must be
calculated pursuant to 24 CFR 578.77.
Program income earned during the grant term shall be retained by the
Subrecipient and. added to funds committed to the project by US HUD, the
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 9
recipient and the subrecipient used for eligible activities in accordance with the
requirements of 24 CFR 578. Costs incident to the generation of program
income may be deducted from gross income to calculate program income,
provided that the costs have not been charged to the grant funds.
The Subrecipient shall record rents and occupancy charges collected from
program participants as program income. In addition, rents and occupancy
charges collected from residents of transitional housing may be reserved, in
whole or in part,to assist the residents from whom they are collected to move to
permanent housing.
v. A "CoC Homeless Assistance Program Guidelines" Attachment H shall be
completed and retained by the Subrecipient. This report must be available upon
request during any site visit or comprehensive monitoring or inspection as
requested by the Grantee. This report is an informational guideline to assist in
compliance to the CoC Homeless Assistance Program policies, procedures and
requirements and regulations.
vi. Audit Reports - Subrecipients shall submit an audit conducted in accordance
with the provisions of Omni or Super Circular 2 CFR Chapter I, and Chapter
II, Parts 200, 215, 220, 225, and 230 Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards, as applicable, and with 24 CFR 578.99(g) which provides that
Subrecipients must comply with the audit requirements of OMB Circular A-133,
"Audits of States, Local Governments, and Non-profit Organizations.". The
Subrecipient shall provide such reports no later than one hundred-eighty
(180) calendar days following the end of the Subrecipient's fiscal year, for each
year during which this Agreement remains in force or until all funds earned
from this Agreement have been so audited, whichever is later, provided that the
Subrecipient has such an opinion prepared. The Subrecipient shall comply with
any and all other applicable audit and reporting requirements.
vii. Incident Reports - The Subrecipient must report. to Miami-Dade County
Homeless Trust information related to any critical incidents occurring during
the administration of its programs,using form"Incident Report"Attachment I.
Such notification shall occur, within twenty-four (24) hours of the incident
occurring. In addition, the Subrecipient shall report this incident to the
appropriate authorities as well as submit in writing a detailed account of the
incident. This Incident Report should be addressed to Miami-Dade County
Homeless Trust's Disaster Coordinator, as well as the Subrecipient's assigned
Contract Officer and addressed to Miami-Dade County Homeless Trust, Suite
310, 27th Floor, 111 NW First Street, Miami, Florida, 33128; (305) 375-1490 and
facsimile (305) 375-2722.
viii.The COOP Report - The Subrecipient shall submit a Continuity of Operations
Plan, also known as an Agency Wide and Program Specific Disaster Plan in PDF
format and emailed as an attachment to Miami-Dade County Homeless Trust's
Disaster Coordinator and an original paper copy submitted no later than April
1st of each operating year.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 10
ix. Mandatory Disclosure - The Subrecipient is required to disclose in a timely
manner and in writing "all violations of Federal criminal law involving fraud,
bribery, or gratuity violations potentially affecting the Federal award". Failure
to make the required disclosures can result in a number of actions, including
suspension and or debarment.
3. Special and General Conditions-
a. The Subrecipient's Staff members providing eligible services under this Agreement
are listed in the budget section of the "Scope of Service, US HUD eSnaps
Documents" Attachment B. The Subrecipient shall additionally submit job titles
and job descriptions upon request.
b. The Subrecipient shall follow the client referral process in the Scope of Service
contained within the "Scope of Service and US HUD eSnaps Documents"
Attachment B and through the Continuum of Care (CoC)'s Coordinated Outreach
and Assessment system. The client referral process may be amended by the Grantee
to meet changing priorities of the Continuum of Care. All referrals shall be made to
the Subrecipient and accepted by the Subrecipient through the established HMIS
system.
c. The Subrecipient shall provide any documentation necessary, such as the "W-9
Form"Attachment C,to facilitate the reimbursement of services.
d. The Subrecipient shall comply with all rules, guidelines and regulations governing
the CoC Rental Assistance program under 24 CFR 578, and any other applicable
law. Rental assistance for permanent housing for eligible homeless persons with
eligibility determined by applicable laws and regulations governing this program,
including but not limited to any requirements pertaining to recordkeeping. Rental
assistance funds are to pay the difference between the contract rent of the unit and
the homeless participant resident's contribution toward rent. The participant
resident's contribution toward rent is determined by the type of program. Under
tenant-based rental assistance and sponsor-based rental assistance, program
participants are required to pay rent to the landlord as determined under 24 CFR
578.77. It is important to note in all the US HUD CoC rental assistance programs,
the program participant enters into a lease with the Landlord.
Under the CoC Rapid Rehousing program, the Subrecipient must establish and
consistently follow policies and procedures established using the CoC Coordinated
Outreach and Assessment system, determine the amount or percentage of rent each
program participant must pay, determine the maximum amount or percent of rental
assistance that a program participant may receive, determine the maximum number
of months that a program participant may receive rental assistance, and determine
the maximum number of times that a program participant may receive rental
assistance pursuant to 24 CFR Part 578.39(a)(1)(ii).
e. The Subrecipient shall comply with the Violence against Women Reauthorization
Act (VAWA) as well as with 24 CFR 5.200, as may be amended, and with all
applicable provisions of 24 CFR Parts 5, 92, 200, 574, 576, 578, 880, 882, 883, 884,
886, 891, 960, 966, 982, and 983 and with such administrative rules and policy
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 11
guidance relating to VAWA as may exist, be adopted, or be amended from time to
time, as may be applicable.
f. The Subrecipient may be subject to a Performance Improvement Plan (PIP) at the
discretion of the Grantee.
g. General Conditions-The Subrecipient shall comply with all applicable federal, state
and local laws, regulations and required policies, including but not limited to the
Continuum of Care (CoC) Program Final Interim Rule, 24 CFR Part 578, as may be
amended from time to time, the McKinney-Vento Homeless Assistance Act, as
may be amended from time to time (42 U.S.C. 11381-11389) (the "Act") the
Consolidated and Further Continuing Appropriations Acts of 2012, 2013, and
2014 the Homeless Definition Final Rule, published in the Federal Register on
December 5, 2011, as may be amended from time to time; the "US HUD FY 2014
CoC Program Grant Agreement"Attachment A and all other federal requirements
of this grant. The responsibility for knowledge of and compliance with all Federal
and any other legal requirements is that of the Subrecipient. The Subrecipient shall
also comply with any guidance provided by US HUD regarding this Agreement,
program and the services offered hereunder, as well as with any guidance provided
by US HUD applicable to this Agreement, program and the services offered
hereunder.
The Subrecipient shall abide and be governed by the requirements of the Americans
with Disabilities Act (ADA). Subrecipient shall designate with its organization an
ADA Coordinator to ensure that all requirements of the ADA and any related
applicable regulations and requirements are met by the Subrecipient.
In addition,the Subrecipient agrees to comply with the following requirements.
i. Insurance - If the Subrecipient is the State of Florida or an agency or political
subdivision of the State as defined by Section 768.28, Florida Statutes, the
Subrecipient shall furnish the Grantee, upon request, written verification of
liability protection in accordance with Section 768.28, Florida Statutes. The
written verification shall be submitted to Miami-Dade County Risk Management,
Internal Services Division, located on the 23rd Floor, 111 NW First Street,
Miami, Florida 33128. Nothing herein shall be construed to extend any party's
liability beyond that provided in Section 768.28, Florida Statutes. If the
Subrecipient is a non-governmental entity said Subrecipient shall maintain
required liability insurance coverage as noted below during this contract period.
The Subrecipient shall maintain required liability insurance coverage as noted
below at all times during this contract period.
Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit for bodily injury and property damage. The
Grantee must be shown as an additional insured with respect to this coverage, as
evidenced by a Certificate of Insurance.
Automobile Liability Insurance coverage for all owned, non-owned and hired
vehicles used in connection with this Agreement in an amount not less than
$300,000 combined single limit for bodily injury and property damage.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 12
Workers' Compensation Insurance for all employees of the Subrecipient as
required by Florida Statutes 440.
Flood Insurance shall be maintained as per the requirements in 24 CFR Part
583.330(a).
The insurance coverage required shall include these classifications, listed in
standard liability insurance manuals, which most nearly reflect the operations of
the Subrecipient. All insurance policies required above shall be issued by
companies authorized to do business under the laws of the state of Florida, with
the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent,subject to
the approval of Miami-Dade County Risk Management Division.
Or
Compliance with the foregoing requirements shall not relieve the Subrecipient of
its liability and obligations under this section or under any other section of this
Agreement.
No modification or waiver of any of the aforementioned insurance requirements
shall be made without thirty (30) days written advance notice to the Grantee, and
is subject to the approval of Miami-Dade County Internal Services Risk
Management Division.
ii. Indemnification -The Subrecipient shall indemnify and hold harmless the Grantee
and its past, present, and future employees and agents from and against any and
all claims, liabilities, losses, and causes of action which may arise out of or relate
to this Agreement, or which may arise out of actions or negligence, in whole or in
part, of the Subrecipient, its officers, agents, employees, or assignees in the direct
or indirect fulfillment of this Agreement. The Subrecipient shall pay all claims and
losses of any nature in connection therewith, and shall defend all suits, in the
name of the Grantee when applicable, and shall pay all costs and judgments which
may issue thereon. It is expressly understood and intended that the Subrecipient
is an independent contractor and is not an employee or agent of the Grantee.
iii. Certifications and Representations - Pursuant to OMB 2 CFR Chapter I, Chapter II,
Subpart C (200.208), the Subrecipient shall provide a certification statement for
all annual financial reports and requests for payment that states the following: "By
signing this report, I(duly authorized signature) certify to the best of my knowledge
and belief that the report is true, complete and accurate and the expenditures,
disbursements and cash receipts are for the purposes and objectives set forth in the
terms and conditions of the Federal award. I am aware that any false,fictitious, or
fraudulent information or the omission of any material fact, may subject me to
criminal civil or administrative penalties for fraud,false statements,false claims or
other offense."
iv. Conflicts of Interest- The Subrecipient shall disclose to the Grantee in writing any
possible or actual conflicts of interest or apparent improprieties relating to the
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 13
Subrecipient under this Agreement. The Subrecipient shall make each disclosure
in writing to the Grantee immediately upon the Subrecipient's discovery of such
possible conflict. The Grantee will then render an opinion which shall be binding
on all parties.
v. Affidavits- The Subrecipient shall complete, notarize and provide one (1) original
set of "Miami Dade County Affidavits and Declarations 1 through 15",
"Attachment D". One (1) original set of Affidavits will remain on file with Miami-
Dade County Homeless Trust, two (2) full set of copies will be created and one (1)
copy provided to Miami-Dade County Clerk of the Board and one (1) copy to the
Subrecipient.
1. Miami-Dade County Ownership Disclosure Affidavit (Section 2-8.1 of
Miami-Dade County Code"County Code").
2. Miami-Dade County Employment Disclosure Affidavit (County
Ordinance 90-133,Amending Section 2-8.1; Subsection (d) (2) of the
County Code).
3. Miami-Dade County Affirmative Action / Non-Discrimination of
Employment, Promotion and Procurement Practices (County
Ordinance 98-30 codified at 2-8.1.5 of the County Code).
4. Miami-Dade County Criminal Record Affidavit (Section 2-8.6 of the
County Code).
5. Sworn Statement Pursuant to §287.133 Florida Statutes on Public
Entity Crimes.
6. Miami-Dade Employment Family Leave Affidavit (County Ordinance
142-9 codified as Section 11A-29 et.seq of the County Code).
7. Miami-Dade County Disability Nondiscrimination Affidavit (County
Resolution R-385-95).
8. Miami-Dade County Regarding Delinquent and Currently Due Fees
or Taxes (Section 2-8.1(c) of the County Code).
9. Miami-Dade County Current on all County Contracts, Loans and
Other Obligations. (County Ordinance 99-162).
10. Miami-Dade County Domestic Violence Leave (11A-60 et.seq of the
County Code).
11. Miami-Dade County Employment Drug Free Workplace Affidavit
(County Ordinance 92-15 codified as Section 2-8.1.2 of the County
Code).
12. Attestation regarding due and proper acknowledgement Miami-Dade
County funding support.
13. Miami-Dade County Affidavit pursuant to Board of Miami-Dade
County Commissioners Resolution No. R-630-13. Pursuant to "Board
of Miami-Dade County Commissioners the Subrecipient will also
submit a detailed project budget, and sources and uses statement as
contained within "Scope of Service and US HUD eSnaps
Documents", incorporated into Attachment B, which shall be
sufficiently detailed to show: i) the total project cost; ii) the amount
of funds to be used for administrative and overhead costs; iii)
whether the funds under this Agreement will be 'gap' funds meaning
that they would be the last remaining funds needed to ensure
funding for the total project costs; iv) any profit(program income) to
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 14
be made by the Subrecipient; and v) the amount of funds devoted
toward the provision of the desired services or activities.
14. Miami-Dade County certification not to use "Pink Slime" in food
programs or related housing programs providing food (County
Resolution No. R-478-12)
15. Affidavit of Miami-Dade County Lobbyist Registration for Oral
Presentation (County Ordinance Section 2-11.1(s) of the County
Code), Lobbyist specifically includes the principal, as well as any
agent, officer, or employee of a principal, regardless of whether such
lobbying activities fall within the normal scope of employment of
such agent, officer or employee.
The Subrecipient understands that the Grantee has relied on the Subrecipient's
aforementioned representations in entering into this Agreement.
h. Civil Rights-The Subrecipient agrees to abide by Chapter 11A of the Code of Miami-
Dade County ("County Code"), as may be amended, which prohibits discrimination
in employment, housing and public accommodations. The Subrecipient shall not
discriminate on the basis of race, color, religion, ancestry, national origin, sex,
gender identity, pregnancy, age, disability, m., ':mil status, familial status, sexual
orientation,or source of income. Initials here r.Y'`
The Subrecipient agrees to abide and be governed by Title VI and VII, of the Civil
Rights Act of 1964 (42 U.S.C. 2000 et.seq.) and Title VIII of the Civil Rights Act of
1968, as amended, and Executive Order 11063, as may be amended, as well as with
any applicable regulations, which provide in part that there will be no
discrimination of race, color, gender/sex, religious background, ancestry or national
origin in performance of this Agreement,in regard to persons served, or in regard to
employees or applicants for employment or housing. It is expressly understood that
upon receipt of evidence of such discrimin...;`n, the Grantee shall have the right to
terminate this Agreement. Initials here ar t4'
Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or
other disposition of properties and facilities owned or operated by the federal
government or provided with federal funds. Executive Order 12892, as amended,
requires federal agencies to affirmatively further fair housing in their programs and
- activities, and provides that the Secretary of HUD will be responsible for
coordinating the effort. Executive Order 12898 requires nondiscrimination in
federal programs that affect human health and the environment as well as provides
minority and low-income communities' access to public information and public
participation. Executive Order 13166 requires federal agencies to examine the
services they provide, identify any need for services to those with limited English
proficiency (LEP), and develop and implement a system to provide those services so
LEP persons can have meaningful access to them. Executive Order 13217
requires federal agencies to evaluate their policies and programs to determine if any
can be revised or modified to improve the availability of :tti munity-based living
arrangements for persons with disabilities. Initials here :i ',
It is further understood that the Subrecipient must submit affidavits attesting that it
is not in violation of the American with Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, as amended, (29 U.S.C. 794, et. seq.), the Federal Transit
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 15
•
Act, (49 U.S.C. 1612), and the Fair Housing Act, (42 U.S.C. 3601 et.seq.), as may be
amended, as well as with any applicable regulations. If the Subrecipient or any
owner, subsidiary, or other firm affiliated with or related to the Subrecipient is
found by the responsible enforcement agency, the Courts or Grantee to be in
violation of these Acts, the Grantee shall conduct no further business with the
Subrecipient. Any contract entered into based upon a false affidavit shall be
voidable by the Grantee. If the Subrecipient violates any of the Acts during the term
of any contract the Subrecipient has with Miami-Dade County, such contract shall be
voidable by the Grantee, even if the Subre •.`; t was not in violation at the time the
affidavit(s) were submitted. Initials her ► ]b
The Subrecipient agrees that it is in compliance with the Domestic Violence Leave,
codified as (Article 8, Section 11A-60 et.seq. of the County Code), as may be
amended, which requires an employer, who in the regular course of business and
has fifty (50) or more employees working in Miami-Dade County for each working
day during each of the twenty (20) or more calendar work weeks to provide
domestic violence leave to its employees. Failure to comply with this local law may
be grounds for voiding or terminating this Agreement or for mencement of
debarment proceedings against the Subrecipient. Initials here .I.f6
The Subrecipient agrees to abide and be governed by the Age Discrimination Act of
1975, (42 U.S.C. 6101 et seq.) and implementing regulations at (24 CFR Part 146), as
may be amended, as well as with any applicable regulations, which provides in part
that there shall be no discri,�r ion against persons in any area of employment
because of age.Initials here 1►,
The Subrecipient agrees to abide and be governed by Section 504 of the
Rehabilitation Act of 1973, as amended, (29 U.S.C. 794, et.seq.) as may be amended,
as well as with any applicable r _ 'lations, which prohibits discrimination on the
basis of handicap. Initials here(i
•
The Subrecipient agrees to abide and be governed by the requirements of the
Americans with Disability At\.A DA), as may be amended, as well as with any
applicable law. Initials here\Si•
Pursuant to 24 CFR 578.23, Subrecipient hereby certifies and agrees that:
i. Subrecipient will maintain the confidentiality of records pertaining to any
individual or family that was provided family violence prevention or
treatment services through the project/program;
ii. The address or location of any family violence project / program assisted
under this part will not be made public, except with written authorization
of the person responsible for the operation of such program and in
accordance with any applicable state and local laws that prohibit
disclosure of information relating to domestic violence centers;
iii. Subrecipient will establish policies and practices that are consistent with,
and do not restrict the exercise of rights provided by Subtitle B of Title VII
• of the McKinney-Vento Homeless Assistance Act, as amended, and other
laws relating to the provision of educational and related services to
individuals and families experiencing homelessness;
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 16
iv. In the case of programs that provide housing or services to families, that
Subrecipients will designate a staff person to be responsible for ensuring
that children being served in the program are enrolled in school and
connected to appropriate services in the community including early
childhood programs such as Head Start, Part C of the individuals with
Disabilities Education Act, and programs authorized under Subtitle B of
Title VII of the McKinney-Vento Homeless Assistance Act as amended;
v. The Subrecipient shall use the centralized or coordinated assessment
system established by the Continuum of Care as set forth pursuant to 24
CFR 578.7(a) (8);
vi. Subrecipient, its officers, and employees are not debarred or suspended
from doing business with the federal government; and
vii. Subrecipient will provide information, such as data and reports, as
required by US HUD.
Additionally,Subrecipient agrees:
i. To establish such fiscal controls and accounting procedures as may be
necessary to assure the proper disbursal of, and accounting for grant funds
in order to ensure that all financial transactions are conducted, and
records maintained in accordance with generally accepted accounting
principles;
ii. To take the educational needs of children into account when families are
placed in housing and will, to the maximum extent practicable, place
families with children as close as possible to their school of origin so as not
to disrupt such children's education. A Subrecipient that serves families
with school-age children shall have at least one program staff member,
knowledgeable of the McKinney-Vento Education for Children and Youth
Act requirements and shall comply with all requirements related to
facilitation of educational opportunities consistent with Miami-Dade
County Homeless Trust's Standards of Care incorporated herein by
reference;
iii. To comply with the provisions of 24 CFR 578.23(c) (9).
iv. To follow the written standards for providing Continuum of Care
assistance developed by the Continuum of Care, including the minimum
requirements set forth in§ 578.7(a)(9); and
v. To operate the project(s) in accordance with the provisions of the
McKinney-Vento Act and all requirements under 24 CFR part 578; and to
comply with such other terms and conditions as US HUD may establish by
NOFA(Notice of Funding Availability).
4. Suspension and Termination
a. Suspension - The Grantee may, for reasonable cause, temporarily suspend the
operation and authority to obligate funds of the Subrecipient,'under this Agreement,
or withhold payments to the Subrecipient pending necessary corrective action by
the Subrecipient or both.
Reasonable cause shall be determined by the Grantee in its sole and absolute
discretion and may include:
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 17
i. Ineffective or improper use of any funds provided hereunder by the
Subrecipient;
ii. Failure by the Subrecipient to materially comply with any terms, conditions,
representations or warranties contained herein;
iii. Failure by the Subrecipient to submit any documents required by this
Agreement; or
iv. Incorrect or incomplete document submittal by the Subrecipient.
b. Termination-
i. Termination at Will - This Agreement, in whole or in part, may be
• terminated by the Grantee upon no less than fifteen (15) working days'
notice when the Grantee determines that it would be in the best interest of
the Grantee and / or the Subrecipient materially fails to comply with the
terms and conditions of the award. Said notice shall be delivered by
certified mail, return receipt request, or in person with proof of delivery.
The Subrecipient shall have five (5) days from the day the notice was
delivered to state why it is not in the best interest of the Grantee to
terminate the Agreement. However, it is up to the discretion of the Grantee
to make the final determination as to what is in its best interest.
ii. Termination for Convenience - The Grantee or Subrecipient may terminate
this Agreement, in whole or part, when both parties agree that the
continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall
agree in writing upon the termination conditions, including the effective
date and in the case of partial termination, the portion to be terminated.
However, if the Grantee determines in the case of partial termination that
the reduced or modified portion of the grant will not accomplish the
purposes for which the grant was made it may terminate the grant in its
entirety.
iii. Termination Because of a Lack of Funds - In the event funds to finance this
Agreement become unavailable, the Grantee may terminate this Agreement
upon no less than twenty-four (24) hours' notice in writing to the
Subrecipient. Said notice shall be sent by certified mail, return receipt
requested, or in person with proof of delivery. The Grantee shall be the final
and sole authority in determining whether or not funds are available.
iv. Termination for Breach - Upon terminating this Agreement under this
section the Grantee, in its sole discretion, may require the Subrecipient to
pay the Grantee any or all costs associated with termination of this
Agreement, including but not limited to transfer of the Subrecipient's
obligations under this Agreement and or selection of a new Project Sponsor.
The Grantee may terminate this Agreement, in whole or in part, when the
Grantee determines in its sole and absolute discretion that the Subrecipient
is not making sufficient progress in the performance of this Agreement as
outlined in the "Scope of Services" contained within the "Scope of Service
and US HUD eSnaps Documents" Attachment B or is not materially
complying with any term or provision provided herein including but not
limited to the following:
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 18
1. The Subrecipient ineffectively or improperly used or uses the
Grantee funds allocated under this Agreement;
2. The Subrecipient failed or fails to furnish the Certificates of
Insurance required by this Agreement or as determined by Miami-
Dade County Internal Services Risk Management Division;
3. The Subrecipient failed or fails to furnish proof of Licensure, proof of
Certification or proof of Background Screening required by this
Agreement;
4. The Subrecipient failed or fails to submit detailed reports of
expenditures or final expenditure reports or submits incompletely or
incorrectly;
5. The Subrecipient failed or fails to submit required reports or
submits incompletely or incorrectly;
6. The Subrecipient refused or refuses to allow the Grantee access to
records or refused or refuses to allow the Grantee to monitor,
evaluate and review the Subrecipient's program;
7. The Subrecipient discriminates under any of the laws outlined in this
Agreement;
8. The Subrecipient failed or fails to provide Domestic Violence Leave
to its employees pursuant to local law;
9. The Subrecipient falsifies or violates the provisions of a Drug Free
Workplace Affidavit;
10. The Subrecipient attempted or attempts to meet its obligations
under this Agreement through fraud, misrepresentation or material
misstatement;
11. The Subrecipient failed or fails within a specified period, to correct
deficiencies found during a monitoring, evaluation or review;
12. The Subrecipient failed or fails to meet the terms and conditions of
any obligation under this Agreement or otherwise of any repayment
schedule to the Grantee or any of its agencies or instrumentalities;
13. The Subrecipient failed or fails to meet any of the terms and
conditions of the Miami-Dade County Affidavits; and
14. The Subrecipient failed or fails to fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and
stipulations in this Agreement.
The Subrecipient shall be given written notice of the claimed breach and ten
(10) business days to cure same. If the Subrecipient is not provided a
written waiver of the breach by the Grantee, or if the Subrecipient remains
in breach of this Agreement as determined by the Grantee, the Grantee shall
initiate written notice to terminate and said notice will be to terminate
effective within no less than twenty-four (24) hours. Said notice shall be
sent by certified mail, return receipt requested, or in person with proof of
delivery. Waiver of Breach or any provision of this Agreement shall not be
construed to be a modification, or revisions of the terms of this Agreement.
The provisions contained herein do not limit the rights to legal or equitable
remedies or any other provision for termination by the Grantee under this
Agreement. The Subrecipient shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's
fees. Any individual or entity who attempts to meet its contractual
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 19
•
obligations with the Grantee through fraud, misrepresentation or material
misstatement may be disbarred from Miami-Dade County contracting for up
to.five (5)years.
5. Notice Regarding Future Funding Applications
Funding under this Agreement is provided by US HUD. The parties understand the Grantee,
as the US HUD funding recipient, is responsible for review and approval of the funding
application and response submitted to US HUD through the annual US HUD CoC Program
Notice of Funding Availability (NOFA) application process for homelessness assistance
funding.
The Subrecipient agrees to timely notify the Grantee of the Subrecipient's intention not to
be available to renew and continue operating or providing the program in its entirety
as covered under this Agreement. Timely is defined as the earliest of either 1) six (6)
months prior to this Agreement's expiration; or 2) upon request to confirm allocations in
the Grant Inventory Worksheet (GIW) registration process of the anticipated annual
application to US HUD CoC Program NOFA.
If the Subrecipient is not available to apply for "renewal funding" or for the continuation of
the program outlined in this Agreement, and failed to timely advise the Grantee as
described herein, then the Grantee in its sole discretion may opt not to enter into future
grant agreements with the Subrecipient.
Further, in the event the Subrecipient will not be available to apply for renewal funding
applicable to this Agreement, the Subrecipient agrees to ensure that housing is maintained
for persons served by the Subrecipient under this Agreement after the expiration of this
Agreement so that those persons do not become homeless.
Notice from Subrecipient to Grantee pursuant to this section shall be delivered in writing by
certified mail, return receipt request, or in person with proof of delivery,to the attention of
Miami-Dade County Homeless Trust Executive Director.
6. Reversion of Assets
a. Term of Commitment - If the Subrecipient receives assistance for acquisition,
rehabilitation, or new construction, then the Subrecipient shall agree to operate the
"McKinney-Vento Act housing" or provide "McKinney-Vento Act services" in
accordance with this Agreement and applicable laws, and regulations for a term of
at least fifteen (15) years from the date of initial occupancy or date of initial
service provision. If the United States, Department of Housing -and Urban
Development (US HUD) determines a project is no longer needed for use as
homeless assistance housing or services,then US HUD may provide authorization to
the Grantee on behalf of the Subrecipient to convert the project to a project for the
direct benefit of low-income persons pursuant to a request for such use by the
Grantee on behalf of the Subrecipient operating the project as Project Sponsor. The
parties hereby agree to this provision shall survive the expiration or termination of
this Agreement.
b. Repayment of Grant - If the Subrecipient does not provide supportive housing or
supportive services for fifteen (15) years following the date of initial occupancy or
date of initial service provision pursuant to this Agreement, then the Grantee shall
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 20
require repayment of the entire amount of the grant or partial repayment of the
grant used for acquisition, rehabilitation, or new construction, unless conversion of
the project has been authorized by US HUD pursuant to the terms in the Term of
Commitment. The parties hereby agree this provision shall survive the expiration
or termination of this Agreement.
c. Prevention of Undue Benefit - Upon the sale or other disposition of a project
assisted with acquisition, rehabilitation or new construction funds occurring before
the expiration of the fifteen (15) year period, the Subrecipient must comply with
such terms and conditions as US HUD and the Grantee may prescribe to prevent the
Subrecipient from unduly benefiting from such sale or disposition.
The Subrecipient shall return to the Grantee, upon the expiration or termination of
the Agreement, any funds on hand, any accounts receivable attributable to those
funds, and any overpayment due to unearned funds or costs disallowed pursuant to
the terms of this Agreement that were disbursed to the Subrecipient by the Grantee.
d. Revocation of License or Permit- Notwithstanding any provision of this Agreement
to the contrary, revocation of any necessary license, permit, or approval by a
governmental authority may result in immediate termination of this Agreement
upon no less than twenty-four (24) hours' notice. Said notice shall be certified by
mail or hand delivery.
e. Declaration of Restrictive Covenant and Declaration of Restrictions -Where grant
funds are used for acquisition, construction or rehabilitation under this Agreement,
the Subrecipient shall record a Declaration of Restrictive Covenants, as well as a
Declaration of Restrictions, in accordance with this section.
The Declaration
e of Restrictive Covenants and the Declaration of Restrictions shall
restrict the use of properties located at( P i / A ), in Miami-
Dade County, Florida such that the properties must be operated for the provision of
homeless housing and services for homeless persons in accordance with the
provisions of (24 CFR Part 578, Code of Federal Regulations) and any other
applicable laws or regulations for a term of at least fifteen (15) years or for such
other purposes as may approved by the Grantee and US HUD.
The Subrecipient agrees that the Declaration of Restrictive Covenants and the
Declaration of Restrictions shall be signed by the Subrecipient, as well as the title
owner of the subject property and any other relevant property interest holders,
including but not limited to a lessee of the title holder subleasing the property to the
Subrecipient. If the Subrecipient is not the title owner of the subject property, the
Subrecipient shall be responsible for obtaining execution of the Declaration of
Restrictive Covenants and the Declaration of Restrictions by the title owner and by
any other parties required by US HUD. The Subrecipient shall be responsible for
ensuring that any signatories required by US HUD sign the Declaration of Restrictive
Covenants and the Declaration of Restrictions whether US HUD requires such
signatories by regulation or by guidance provided directly regarding the project and
/or property covered under this Agreement.
The Declaration of Restrictive Covenants executed by the Subrecipient and any
other required parties and recorded by the Subrecipient must be approved by US
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 21
II
HUD. The Subrecipient must provide US HUD with proof of recordation of the
approved Declaration of Restrictive Covenants before funds for Rehabilitation or
New Construction may be drawn down. Acquisition funds may be drawn down
before proof of recordation is received by US HUD; however, no other grant funds
will be available for draw down until US HUD is satisfied with the form and
recordation of the Declaration of Restrictive Covenants.
The Subrecipient agrees to inform any lender or grantor which has loaned or
granted funds for the purchase of such properties or structure on the subject
property or properties covered under this Agreement and obtain their consent to
the recordation of and subordination to the "Declaration of Restrictive Covenants"
and the "Declaration of Restrictions". Such consent shall be in a form acceptable to
the Grantee.
The parties hereby agree this provision shall survive the expiration or termination
of this Agreement.
7. Uniform Administrative Requirements, Cost P-rinciples, and Audit Requirements for Federal
Awards
a. Accounting Standards,Cost Principles and Regulations.
i. The Subrecipient shall comply with applicable provisions of applicable
Federal, State and County laws, regulations, and rules such as OMB Circular
A-110, OMB Circular A-21, and OMB Circular A-133 and with the Energy
Policy and Conservation Act (Public Law 94-163) which requires mandatory
standards and policies related to energy efficiency. If any provision of this
Agreement conflicts with any applicable law or regulation, only the
conflicting provision shall be modified to be consistent with the law or
regulation or be deleted if modification is impossible. However, the
obligations under this Agreement, as modified, shall continue and all
provisions of this Agreement shall remain in full force and effect.
ii. If the amount payable to the Subrecipient pursuant to the terms of this
Agreement are in excess of$100,000, or such other amount as required by
applicable law or regulation; the Subrecipient shall comply with all
applicable stands, orders, or regulations issued pursuant to Section 306 of
the Clean Air Act of 1970 (42 U.S.C. 1857(h), as amended: the Federal Water
Pollution Control Act (33 U.S.C. 1251), as amended: Section 508 of the Clean
• Water Act (33 U.S.C. 1368); the environmental Protection Agency
regulations (40 CFR Part 15); Executive Order 11738; and the
Environmental Review Procedures and Regulations (24 CFR Part 58 and 24
CFR Part 583.230). The Subrecipient shall comply with all applicable laws
and regulations governing this Agreement.
•
b. The Subrecipient shall comply with the federal uniform administrative
requirements and accounting standards cost principles and audit requirements
according to OMB Omni or Super Circular 2 CFR Chapter I, and Chapter II, Parts 200,
• 215, 220, 225 and 230, OMB Circular A-122, and 24 CFR 78 et.seq., as may be
applicable and any other applicable laws and regulations.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 22
•
i. Performance Measurements - The Subrecipient shall comply and report all
performance objectives outlined in the "Scope of Service and US HUD eSnaps
• Documents" Attachment B and as outlined in the NOFA application and in
the manner specified and outlined in this Agreement.
ii. Internal Controls - The Subrecipient shall comply with internal control
related federal statutes, regulations, and the terms and conditions of the
federal award; evaluate and monitor and take prompt action when instances
of noncompliance are identified including noncompliance identified in audit
findings; and take reasonable measures to safeguard legally protected
personally identifiable information and other information. These internal
controls shall safeguard assets and provide reasonable assurance of
compliance with federal statutes and regulations.
iii. Payment- The Subrecipient is required to report deviations from budget or
project scope or objectives and request prior approvals from federal
awarding agencies through the Grantee on any and all changes in scope or
key persons and any other change to the program budget, in accordance
with Omni or Super Circular 2 CFR Chapter I, and Chapter II, Parts 200, 215,
220, 225 and 230 and any other applicable laws and regulations.
iv. Cost Sharing or Matching - For all federal awards, any shared costs or
matching funds and all contributions, including cash and third party in-kind
contributions, must be accepted as part of the non-federal entity's cost
sharing or matching and such contributions shall meet all of the following
criteria:
1. Are verifiable from the non-federal entity's records;
2. Are not included as contributions for any other federal award;
3. Are necessary and reasonable for accomplishment of project or
program objectives;
4. Are allowable under Costs Principles of 2 CFR Part 200,et al.
5. Are not paid by the federal government under another federal
award, except where the federal statute specifically provides that
federal funds made available for such program can be applied to
match or cost sharing requirements of other federal programs;
6. Are provided for in the approved budget when required by the
federal awarding agency; and
7. Conform to 2 CFR Chapter II, Part 200.306,as applicable.
c. Retention of Agreement Records
i. The Subrecipient shall retain financial records, supporting documents;
statistical records and all records pertinent to a federal award for a period of
five (5)years from the date of submission of the final expenditure report or,
for Federal awards that are renewed quarterly or annually, from the date of
the submission of the quarterly or annual financial report, respectively, as
reported to the federal awarding agency.
1. If any litigation, claim or audit is started before the expiration of the
5-year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 23
and final action taken. If the Grantee or the Subrecipient has
received or been given notice of any kind indicating any threatened
litigation, claim or audit arising out of the services provided
pursuant to the terms of this Agreement, the Retention Period shall
be extended until such time as the threatened or pending litigation,
claim or audit is, in the sole and absolute discretion of the Grantee,
fully, completely and finally resolved.
2. Records for real property and equipment acquired with federal
funds must be retained for a minimum 5 years after final disposition.
3. Any leases or mortgages or similar documents or contracts with a
term longer than five (5) years, must be retained for 5 years beyond
the end of the document's full term.
4. Records for program income transactions after the period of
performance: The Subrecipient must report program income after
the period of performance records pertaining to the earning of
program income must be retained for five (5) years after the end of
the non-federal entity's fiscal year in which the program income is
earned.
5. The Subrecipient shall allow the Grantee or any persons authorized
by the Grantee full access to and the right to examine any of the
records pertinent to the Federal Award and this Agreement.
6. The Subrecipient shall notify the Grantee in writing both during the
pendency of this Agreement and after its expiration as part of the
final close out procedure of, the location and address where all the
Agreement records will be retained.
7. The Subrecipient shall obtain prior written approval by the Grantee
for the disposal of any Agreement records before disposing of such
records if it is within one (1) year after the expiration of the
Retention Period.
8. Additional Requirements
The Subrecipient shall comply with the following additional requirements:
a. Client Rules and Regulations - The Subrecipient shall submit to the Grantee a copy
of the Client Rules and Regulations that apply to all program or client participants
•
referred to the Subrecipient pursuant to this Agreement. This copy is due within
thirty(30) calendar days following the execution of this Agreement.
b. Personnel Policies and Administrative Procedure Manuals - The Subrecipient shall
submit detailed documents describing all the Subrecipient's policies and procedures
for internal control, corporate, or organizational structure, property management,
procurement, personnel management, accounting and fiscal information. This
information shall be available to the Grantee upon request.
c. Monitoring - The Subrecipient shall permit the Grantee and any other persons
authorized by the Grantee to monitor, according to applicable regulations, all
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 24
Agreement records, facilities, goods, services and activities of the Subrecipient
which are in any way connected to the activities undertaken pursuant to the terms
of this Agreement including interview of any participant, employee, subcontractor,
or assignees of the Subrecipient. The Grantee shall monitor both fiscal and
programmatic compliance with all terms and conditions of this Agreement including
a review of beneficiaries,supportive services, housing, operating costs, program and
performance progress, site habitability, participant eligibility, documentation for
required match, record keeping, and compliance with circulars, administrative
costs, technical assistance visits, and environmental review. The Subrecipient shall
permit the Grantee to conduct site visits, participant assessment surveys, and other
techniques deemed reasonably necessary to fulfill the monitoring function. If the
Grantee monitors and there is a finding of deficiencies report; said report may be
delivered to the Subrecipient, and if so delivered, the Subrecipient shall rectify all
deficiencies cited within the period of time specified in the report. Pursuant to
Board of Miami-Dade County Commissioners Resolution No. 630-13, Miami-Dade
County Mayor or Mayor's designee may make unannounced, on-site visits during
normal working hours to the Subrecipient's headquarters and / or any locations or
site where the services contracted for are performed.
d. Restrictions of Funds Use-The funds received under this Agreement(and any State
or local government funds used to supplement this Agreement) may not be used to
replace State or local funds previously used, or designated for use to assist homeless
persons (24 CFR Part 578.87). The Subrecipient shall notify the Grantee of any
additional funding received for any activity described in this Agreement, other than
funding already noted in the "Consolidated Financial Record and Reports",
Attachment F. Such notification shall be in writing and received by the Grantee
within thirty (30) calendar days of the Subrecipient's notification by the funding
source.
e. Related Parties - The Subrecipient shall report to the Grantee the name, purpose
and any other relevant information in connection with any transaction conducted
between the Subrecipient and a related party transaction. A related party includes,
but is not limited to; a for-profit or nonprofit subsidiary or affiliate organization,and
organization with overlapping boards of directors or any organization for which the
. Subrecipient is responsible for appointing members. The Subrecipient shall report
this information to the Grantee upon forming the relationship or if already formed,
shall report it immediately. Any supplemental information shall be reported in the
Grantee required Agency Narrative and Progress Report which are addressed in
Section 2 b. "Records and Access to Records".
f. Required Meeting Attendance - From time to time, Grantee through Miami-Dade
County Homeless Trust may schedule meetings and or training sessions to assist the
Subrecipient in the performance of its contractual obligations or to inform the
Subrecipient of new and or revised policies and procedures. Attendance at some
of these meetings may be mandatory. The Subrecipient shall receive notice no
less than three (3) business days prior to any meeting or training session that may
require mandatory participation. A record of attendance shall be kept of meetings
or training sessions where notice was given indicating the mandatory participation
of the Subrecipient and the Subrecipient shall be monitored for compliance on that
record of attendance. Failure to attend meetings or training sessions for which a
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 25
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mandatory notice has been provided can result in material non-compliance of the
Agreement, up to and including Breach or Default. Proof of mandatory notice shall
consist of fax record, certified mail, electronic confirmation and or verbal
communication with the Agreement contact person or persons and other program
administrative staff of the Subrecipient. The Subrecipient may select one or more
employees from their Agency, directly involved in the Agreement program, as their
representative at the meeting or training session;the participation of the Agreement
contact person or persons is preferred. The Subrecipient may request waiver from
a mandatory meeting. That waiver must be received no later than twenty-four (24)
hours prior to the meeting date and time, and justification provided, including the
reason the Subrecipient could not send any representative. The Grantee shall have
absolute and final approval over any determination to waive mandatory attendance;
and no more than two (2) mandatory attendance waivers shall be allowed during
the term of this Agreement. The Subrecipient is encouraged to attend all meetings
of Miami-Dade County Homeless Trust and or its Committees, as information
relevant to their program or services may be discussed.
g. Publicity and Advertisements - The Subrecipient shall ensure that all publicity and
advertisements prepared and released by the Subrecipient, such as pamphlets and
news releases already or indirectly related to activities funded pursuant to this
Agreement, and all events carried out to publicize the accomplishments of any
activity funded pursuant to this Agreement, recognize the Grantee as its funding
source.
h. Procurement - The Subrecipient shall use its own procurement procedures which
shall comply with any and all applicable federal,state and local laws, ordinances and
regulations including but not limited to 2 CFR 200.318 as applicable. The
Subrecipient shall maintain oversight and ensure that its subcontracts perform in
accordance with the terms, conditions, and specifications of their contracts or
purchase orders.
The Subrecipient shall make a positive effort to competitively procure supplies,
equipment, construction and services necessary or related to carrying out the terms
of this Agreement from minority and women owned businesses, as may be
permitted by applicable law. If this Agreement involves the expenditure of
$100,000 or more by Miami-Dade County, and the Subrecipient intends to use
subcontractors to provide the services listed herein or suppliers to supply the
materials, the Subrecipient shall provide Miami-Dade County with the names of the
"Subcontractor/Supplier Listing",Attachment E. Subrecipient agrees that it will
not change or substitute subcontractors or suppliers from those listed without prior
written approval of Miami-Dade County.
i. Involvement of HUD-assisted individuals and families - per 24 CFR 578.23 (c)(3),
the Subrecipient agrees to ensure to the maximum extent practicable, that
individuals and families experiencing homelessness are involved, through
employment, provision of volunteer services, or otherwise, in constructing,
rehabilitating, maintaining and operating facilities for the project and in providing
supportive services for the project. Further, per the Housing and Urban
Development Act of 1968, as amended, (12 U.S.C. 1701u) to the greatest extent
feasible, opportunities for training and employment, for services or programs
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 26
covered under this Agreement, should be given to lower-income residents of HUD-
assisted projects and contracts for work in connection with the project be awarded
in substantial part to persons residing in the area of the project.
j. Property - This section applies to equipment with an acquisition cost of greater
than $5,000.00 per unit and all real property. 1) Any real property under the
control of the Subrecipient that was acquired and or improved in whole or in part
with funds from Grantee, or from Miami-Dade County and any equipment or
property purchased for greater than $5,000.00, shall, upon expiration or
termination of this Agreement,be disposed in accordance with instructions from the
Grantee. Real Property is defined as land, including land improvements, structures,
and appurtenances thereto, including moveable machinery and equipment.
Equipment means tangible, non-expendable, personal property having a useful life
of more than one (1) year and acquisition costs of greater than $5,000.00 per unit.
2) The Subrecipient shall list in the property records all equipment with an
acquisition cost of greater than $5,000.00 per unit and all real property purchased
in whole or in part with funds from the Grantee or from Miami-Dade County from
this Agreement or from previous agreements. The property record shall include a
legal description, size, date of acquisition, and value at time of purchase, owner's
name if different than the Subrecipient, information on the transfer or disposition of
the property, and map indicating where property is in parcels, lots or blocks and
showing adjacent streets and roads. Notwithstanding documents required for
reimbursement purposes, an additional copy of the purchase receipt for any
property described above which was purchased using Grantee or Miami-Dade
County funds must also be included in the reimbursement package along with the
"Real Property and Equipment Asset Inventory" Attachment J in the month it
was purchased. 3) All equipment with an acquisition cost of greater than
$5,000.00 per unit and all real property shall be inventoried annually by the
Subrecipient and an Annual Inventory Report submitted to the Grantee. This report
shall include the elements listed above. Pursuant to 2 CFR 200.94, if the cost of
computing devices (inclusive of accessories) falls below the lesser of the
capitalization threshold of the nonfederal entity or $5,000, regardless of the length
of useful life,the asset is a supply.
k. Management Evaluations and Performance Reviews - The Grantee may conduct
formal Management Evaluations and Performance Reviews of the Subrecipient
following this expiration of this Agreement. The Management Evaluations will
reflect the compliance of the Subrecipient with generally accepted fiscal and
organizational standards and practices. The Performance Reviews will reflect the
quality of service provided and value received of the funds using monitoring data
such as progress reports,site visits,and participants'surveys.
1. Subcontracts and Assignments - The Subrecipient shall not assign this Agreement
without the Grantee's written consent to the assignment. The Subrecipient shall
ensure that all subcontracts and assignments; 1) Identify the full, correct and legal
name of the party; 2) Describe the activities to be performed; 3) Present a complete
and accurate breakdown of all price components; and 4) Incorporate provisions
requiring compliance with all applicable regulatory and other requirements of this
Agreement with any conditions of approval that the Grantee deems necessary. This
applies only to subcontracts and assignments in which parties are engaged to carry
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 27
out any eligible substantive programmatic service as set forth in this Agreement.
The Grantee shall in its sole and absolute discretion determine when services are
eligible substantive programmatic services subject to the audit and record keeping
requirements described above.
The Subrecipient shall ensure that all subcontracts and assignments which involve
the expenditure of one hundred thousand dollars ($100,000.00) or more, comply
with (Miami-Dade County Ordinance 97-104, § 1, 7-8-97), which shall require the
entity contracting with Miami-Dade County to list all first tier subcontractors who
will perform any part of the contract and all suppliers who will supply materials for
the contract work directly to such entity. The contract shall also require the entity
contracting with Miami-Dade County to report to Miami-Dade County the race,
gender, and ethnic origin of the owners and employees of all such first tier
subcontracts. This Agreement shall require the Subrecipient to provide Miami-Dade
County the race, gender and ethnic information as soon as reasonably available and
in any event prior to final payment under the contract. The Subrecipient shall not
change or substitute subcontractors or suppliers from those listed except upon
written approval of the County. The Subrecipient must provide the list of all first
tier subcontractors and direct suppliers; see "Subcontractor / Supplier Listing"
Attachment J. The Subrecipient shall incorporate into all consultant subcontracts
this additional provision: "The Subrecipient is not responsible for any insurance or
other fringe benefits for the consultant or its employees, (examples social security,
income tax withholdings, retirement or leave benefits). The consultants assume full
responsibility for the provision of all insurance and fringe benefits for themselves
and their employees retained by the consultants in carrying out the Scope of Service
provided in this subcontract". The Subrecipient shall be responsible for monitoring
the contractual performance of all subcontracts. The Subrecipient shall receive
written documentation prior to entering into any subcontract which contemplates
performance of substantive programmatic activities, as such is determined as
provided herein. The approval of the Grantee shall be obtained prior to the release
of any funds to the Subrecipient for the subcontract. The Subrecipient shall receive
written approval from the Grantee prior to either assigning or transferring any
obligations or responsibilities set forth in this Agreement or the right to receive
benefits or payments resulting from this Agreement. Approval by the Grantee of any
subcontract or assignment shall not under any circumstances be deemed to provide
for the incurring of any obligation by the Grantee in excess of the total dollar
amount set forth in this Agreement.
m. Consultant to the Grantee - the parties understand that in order to facilitate the
implementation of this Agreement, the Grantee may from time to time designate a
development consultant to work with the Subrecipient. The Grantee's Consultant
shall be considered the Grantee's designee with respect to all portions of this
Agreement with the exception of those provisions relating to payment to the
Subrecipient for services rendered. The Grantee shall provide written notification
to the Subrecipient of the name, address and employee representatives of the
Grantee's Consultant.
n. Participation in the Homeless Management Information System (HMIS) - The
Subrecipient agrees to participate in a Homeless Management Information System
selected and established by the Grantee. Participation will include, but not be
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 28
limited to, input of client data upon intake, daily updates of bed availability
information, as well as updates to current and prior client's records upon client
contact, and maintaining current data for statistical purposes. Subrecipients of
Domestic Violence Programs with heightened privacy and confidentiality concerns
are required to participate in an HMIS equivalent system to include the necessary
stricter privacy and confidentiality standards. The Subrecipient understands that
they are responsible for any ongoing costs to access the HMIS system. The
Subrecipient agrees to abide by terms of any HMIS Agreements, which are
incorporated herein by reference. The Subrecipient shall indemnify and hold
harmless the Grantee and Miami-Dade County, its agents and instrumentalities from
any and all liability, losses and damages arising out of or relating to this Agreement
or the HMIS system.
o. Miami-Dade County Inspector General review - The Subrecipient understands that
Miami-Dade County, Office of the Inspector General may, on a random basis,
perform audits on all Miami-Dade County contracts, throughout the duration of said
contracts.
p. Independent Private-Sector Inspector General review - The Subrecipient
understands that Miami-Dade County Inspector General is also empowered to retain
the services of Independent Private-Sector Inspector Generals, to audit, investigate,
monitor, oversee, inspect and review operations, activities, performance and
procurement processes including but not limited to project design, application and
project specifications, proposals submittals, activities of the Subrecipient, its
officers, agents and employees, lobbyists, Miami-Dade County staff, and elected
officials to ensure compliance with contract specifications and to detect fraud and
corruption.
q. Renegotiation or Modification - The Subrecipient agrees that modifications to
provisions of this Agreement shall only be valid,when in writing and signed by duly
authorized representatives of all parties. In addition, the Subrecipient may not
make any significant changes to an approved program without prior written
approval by the Grantee. Significant changes include,but are not limited to, changes
in the Project Sponsor, changes in the project site location, additions or deletions in
types of program or funding activities outlined in 24 CFR 578.37 - 578.63 and the
Notice of Funding Availability (NOFA) process approved in the Technical
Submission for this program, or a shift of greater than ten (10) percentage points
between approved funding activities, or a change in the population served, the
number of population served, or any other changes deemed significant by the
Grantee. Depending upon the nature of the change, the Grantee may require a new
certification of consistency with the Consolidated Plan Certification from the United
States Department of Housing and Urban Development. Any approval for changes is
contingent upon United States, Department of Housing and Urban Development
Field Office approval of the continuation of the Subrecipient's renewal ranking in
the CoC NOFA application process.
The parties agree to renegotiate this Agreement if the Grantee determines, in its sole
and absolute discretion, that changes are necessary for reasons including but not
limited to changes in Federal, State, County laws or regulations, or increases or
decreases in funding allocations. The Grantee shall have final authority in
determining funding availability for this Agreement caused by changes listed above.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 29
Notwithstanding the foregoing, the Grantee retains all rights of suspension and
termination set forth in other section(s) of this Agreement.
r. Right to Waive -The Grantee may, for.good and sufficient cause, determined by the
Grantee in its sole and absolute discretion, waive provisions in this Agreement in
writing or seek to obtain such wavier from the appropriate authority. All waiver
requests from the Subrecipient must be in writing. Any waiver shall not be
construed as a modification or revision to this Agreement.
s. Disputes - In the event that an unresolved dispute exists between.the Subrecipient
and the Grantee, the Grantee shall refer the questions, including the views of all
interested parties and the recommendation of the Miami-Dade County Homeless
Trust, to the Miami-Dade County Mayor or the Mayor's designee for determination.
The Mayor or Mayor's designee will issue a determination within thirty (30)
calendar days of receipt and so advise the Grantee and the Subrecipient, or in the
event additional time is necessary, the Grantee will notify the Subrecipient within
the thirty (30) day period that additional time is necessary. The Subrecipient agrees
that the determination of the Mayor or the Mayor's designee shall be final and
binding on all parties.
t. Proceedings-This Agreement shall be construed in accordance with the laws of the
State of Florida and any proceedings arising between the parties in any manner
pertaining or related to this Agreement shall,to the extent permitted by law,be held
in Miami-Dade County, Florida.
u. No Third Party Beneficiaries - This Agreement has no intended or unintended third
party beneficiaries.
v. Construction of the Agreement- This Agreement shall not be construed against the
drafter of this Agreement.
w. Sovereign Immunity - Nothing in this Agreement shall be considered a waiver of
sovereign immunity.
x. Notice and Contact-The Grantee's representative for this Agreement is Victoria L.
Mallette,Executive Director,Miami-Dade County Homeless Trust. The Subrecipient's
representative for this Agreement is ( �I '( 4-1 oAry=lam! 4-' ). The
project site location is ( 5 ). In the event that
different representatives are designated by the Subrecipient after this Agreement is
executed, or the Subrecipient changes the address of either the program site or
principal office,the Subrecipient must notify the Grantee prior to such relocation
and obtain all necessary approvals. Notice of the name of the new representative or
new address will be rendered in writing to the Grantee within five (5) business
days of the proposed change.
y. The Subrecipient shall provide the Grantee with a current list of the Subrecipient's
Board of Directors and a Program-Specific Table of Organization,which includes all
current job titles in PDF format and which will be emailed as an attachment to
Miami-Dade County Homeless Trust's Contract Monitoring and Management
Supervisor within five (5) business days of execution of this Agreement.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 30
z. Name and Address of Payee-When payment is made to the Subrecipient, it shall be
directed to the name and address of the payee listed here: (Subrecipient's
Name: G -e-•y o-C- t`it 18 rY1% Ch "i n49 r) . )
{Address: 141:;00 Cor)v .rN-,oin CG n-+-te r- t'ri v )
aa. All Terms and Conditions Included - this Agreement and its Attachments A
through K as referenced in the Index of Attachment, page 36 contain all the terms
and conditions agreed upon by the parties.
bb. Autonomy- Both parties agree that this Agreement recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. The parties
acknowledge that the relationship of Grantee and Subrecipient is that of
independent contractors and that nothing contained in this Agreement shall be
construed to place Grantee and Subrecipient in the relationship of principal and
agent, employer and employee, master and servant, partners or joint ventures.
Neither party shall have, expressly or by implication, or represent itself as having,
any authority to make contracts or enter into any agreements in the name of the
other party, or to obligate or bind the other party in any manner whatsoever.
cc. Severability of Provisions - If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby if such remainder would
then continue to conform to the terms and requirements of all applicable law.
dd. Waiver of Trial - Neither the Subrecipient, subcontractor nor any other person
liable for the responsibilities, obligations, services and representations herein, nor
any assignee, successor heir or personal representative of the Subrecipient,
subcontractor or any other such persons or entities shall seek a jury trial in any
lawsuit, preceding, counterclaim or other litigation proceeding based upon or
arising out of this Agreement, or the dealings or the relationship between or among
the parties to this Agreement..
ee. Counties and Municipalities outside Miami-Dade County - The Subrecipient agrees
to provide homeless housing within Miami-Dade County and further agrees to abide
by, as well as to post this notice: Notice that all firms, corporations,organizations or
individuals desiring to transact business or enter into a contract with Miami-Dade
County for the provision of homeless housing and or homeless services swears,
verifies, affirms and agrees that 1) they have not entered into any current contracts,
arrangements of any kind, or understanding with any county, or municipality
outside of Miami-Dade County to provide housing and services for homeless
persons in Miami-Dade County who are transported to Miami-Dade County by or at
the behest of such counties and municipalities outside Miami-Dade County; and 2)
During the term of this contract, entities listed above will not enter into any such ,
contract, arrangement of any kind or understanding provided however, Miami-Dade
County Homeless Trust may, in its sole and absolute discretion, find and determine
within sixty (60) days of an entity's request to waive the requirements of this
section, that a proposed contract should not be prohibited hereby, as the best
interests of the homeless programs undertaken by and on behalf of Miami-Dade
County would be served and Miami-Dade County would not be negatively affected
by such contract, arrangement,or undertaking.
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 31
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ff. Compliance with all applicable Laws, Regulations, Ordinances, Policies and
Standards - The Subrecipient agrees to comply with all applicable Federal, State,
and local laws, regulations, ordinances, and standards including but not limited to
any applicable requirements regarding payment and performance bonds and other
requirements for public works, competitive bid and bid bond requirements, if
applicable, as well as with requirements contained in the Grantee's "US HUD FY
2014 CoC Program Grant Agreement", Attachment A. The Subrecipient also
agrees to sign and provide the Grantee with any required affidavits.
Additionally, the Subrecipient shall comply with any and all guidance that Grantee
receives from US HUD regarding this Agreement, the program and / or services
covered herein,and clarification of existing laws and regulations
9. Religious Organizations
Pursuant to 24 CFR Part 578.87, a primarily religious organization is eligible to receive US
HUD funding, if the organization agrees to provide homeless housing and services in a
manner that is free from religious influences as described in section 24 CFR Part 578.87 and
in accordance with the following principles;
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 homeless housing or
services on the basis of religion and will not limit such homeless housing or services
or give preference to persons on the basis of religion; and
c. It will provide no religious instruction or counseling, conduct no religious worship
or religious services, engage in no religious proselytizing and exert no other
religious influence in the provision of homeless housing and services funded
hereunder.
d. Alternative Provider - The Subrecipient shall incorporate into their policies and
procedures, a written approved policy to refer, or transfer any program participant
or prospective program participant of the Continuum of Care program who objects
to the religious character of the provider. The policy and procedures shall be
reviewed and subject to approval by Miami-Dade County Homeless Trust. At a
minimum.the policy and procedures shall include action to transfer or refer within a
reasonably prompt time after the objection and undertake reasonable efforts to
identify and refer the participant to an alternative provider to which the participant
has no objection. Except for services provided by telephone,the Internet, or similar
means, the referral must be to an alternative provider in reasonable geographic
proximity to the organization making the referral. In making the referral, the
Subrecipient shall comply with applicable privacy laws and regulations. The
Subrecipient shall document any objections from program participants and
prospective program participants and any efforts to refer such participants to
alternative providers in accordance with the requirements of 24 CFR
578.103(a)(13).
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CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 32
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The Subrecipient shall comply with the provisions of this section and with 24 CFR Part
578.87, as well as with any other applicable laws or regulations governing a primarily
religious organization.
10. Health Insurance Portability and Accountability Act(FIIPAA)
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of Individually Identifiable Health Information (IIHI) and or
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), as may be amended, and any applicable federal, state,
county and local laws and policies, including by not limited to 24 CFR 578.103, 42 CFR Part
2, and Section 39.908, Florida Statutes, as may be applicable. HIPAA mandates for privacy,
security and electronic transfer standards that include but are not limited to the following:
a. Use of information only for performing services required by the contract or as
required by law;
b. Use of appropriate safeguards to prevent non-permitted disclosures;
c. Reporting to Miami-Dade County of any non-permitted use or disclosure;
d. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Subrecipient and provides reasonable assurances that
IIHI and PHI will be held confidential;
e. Making PHI available to the customer;
f. Making PHI available to Miami-Dade County for an accounting of disclosures;
g. Making internal practices, books and records related to PHI and IIHI available to
Miami-Dade County for compliance audits and for other purposes as may be
permitted by law; and
h. PHI shall maintain its protected status regardless of the form and method of
transmission,(including paper and or electronic transfer of data).
The Subrecipient must give its customers written notice of all privacy information practices
including but not limited to description of the types of uses and disclosures that would be
made with protected health information.
11. Proof of Licensure/Certification and Background Screening
a. Licensure. - If the Subrecipient is required by the State of Florida or Miami-Dade
• County or any federal, state or local law or regulation to be licensed or certified to
provide the services or operate the facilities outlined in the Scope of Service
contained within the "Electronic Review, Renewal Adjustment and HEARTH
Renewal Application", Attachment B, the Subrecipient shall furnish to the.Grantee a
copy of all required current licenses or certificates. Examples of services or
operations requiring such licensure or certification include but are not limited to
childcare, day care, nursing homes,and boarding homes.
If the Subrecipient fails to furnish the Grantee with the licenses, certificates or
certifications required under this Section,the Grantee in its sole discretion, shall not
disburse any funds until it is provided with such licenses or certifications. Failure to
provide the required licenses or certification within sixty (60) days of execution of
this Agreement may result in termination of this Agreement at the Grantee's
discretion.
b. Background Screening - The Subrecipient agrees to comply with all applicable
federal, state and local laws, regulations, ordinances and resolutions regarding
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 33
background screening of employees, volunteers, subcontractors and independent
contractors. Subrecipient's failure to comply with any applicable laws, regulations,
ordinances and resolutions regarding background screening of employees,
volunteers, subcontractors and independent contractors is grounds for a material
• breach and termination of this contract at the sole discretion of Miami-Dade County.
The Subrecipient agrees to comply with all applicable laws, (including but not
limited to chapters 39, 402, 409, 394,408, 393, 397, 943, 984, 985, 1012 and 435,
Florida Statutes, and Section 943.0.4351, Florida Statutes, as may be amended from
time to time), regulations, ordinances and resolutions regarding background
screening of those who may work or volunteer directly with or in the vicinity of
vulnerable persons as defined by Section 435.02 Florida Statutes, as may be
amended from time to time.
In the event criminal background screenings is required by law, the State of Florida
and / or Miami-Dade County, the Subrecipient- will permit only employees,
volunteers, subcontractors and independent contractors with a satisfactory national
criminal background check through an appropriate screening agency (i.e., the
Florida Department of Juvenile Justice, Florida Department of Law Enforcement or
Federal Bureau of Investigation) to work or volunteer in direct contact with or in
the vicinity of vulnerable persons. The Subrecipient shall also comply with Section
943.059, Florida Statutes, regarding court-ordered sealing of criminal history
records, and Section 943.0585, Florida Statutes, regarding court-ordered
expunction of criminal history records,as may be applicable.
The Subrecipient agrees to ensure that employees, volunteers, subcontracted
personnel and independent contractors who work with vulnerable persons
satisfactorily complete and pass Level 2 background screenings before working or
volunteering with any vulnerable persons. The Subrecipient shall furnish Miami-
Dade County with proof that employees, volunteers, subcontracted personnel, and
independent contractors who work with vulnerable persons, satisfactorily passed
Level 2 background screenings pursuant to Chapter 435 Florida Statutes, as may be
amended from time to time.
If the Subrecipient fails to furnish to Miami-Dade County proof that an employee,
volunteer, subcontractor or independent contractor's Level 2 or other required
background screening was satisfactorily passed and completed prior to that
employee, volunteer, subcontractor or independent contractor working or
volunteering with or in the vicinity of a vulnerable person or vulnerable persons,
Miami-Dade County shall not disburse any further funds and this Agreement may be
subject to termination at the sole discretion of Miami-Dade County.
SIGNATURES CONTINUE ON NEXT PAGE
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 34
r
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their respective
and duly authorized officers the day and year first above written.
WITNESSES: ENTITY:
1. Z` t( 1 ��:1:01`� ipient: C -1- j of M i&rr e-e c-h
(Signature) -- �,,,,,,� �i� (Pri full •..me of rganization)
Rafael E. Granado, Ci k ,,
(Print'tness Name) ,s' 7r : �-`��;• (Signature)
• INCORP ORATED= * G Jimmy L. Morales, City Manager
2. / -
(Signature) ��� % lc) (Print Authorized Signatory)
2-/// 79 ...
f'l 2 6 C -�-\( c ra r
(Print Witness Name) 1111���"""""� (Print Title of Autrized Signatory)
APPROVED AS TO • Affix
FORM & LANGUAGE
&FORE CUTION Incorporation
SEAL here
• C*City Attorney Dot
ATTEST: Miami-Dade County,a political subdivision of
The State of Florida
HARVEY RUVIN, C •
• s�
s
BY: c�
•
• 0
Deputy Cler �': Z; Carlos A. Gimenez, Mayor
a
i
Date
See attached memorandum dated (June 4.2015) approved as to form and legal sufficiency
Resolution#R-32-15
CoC Grant#FL0177L4D001407,City of Miami Beach,Outreach Page 35
INDEX OF ATTACHMENTS
Attachment A - FY 2014 US HUD Grant Renewal and
Federal Regulations 24 CFR part 578
Attachment B - Scope of Service and US HUD eSnaps documents
Attachment C - Form W-9 Request for Taxpayer
Attachment D - Miami-Dade County.Required Affidavits and Declarations
Attachment E - Miami-Dade County Subcontractor/ Supplier Listing
Attachment F - "Consolidated Financial Record and Reports" (Cover letter, Invoice,
LOCCS, Summary Report and Document Guide, Program Income) **
Attachment G - "Performance Reports (Monthly and Annual) HMIS and Fiscal" report
Or ;.-A f1_ -?J 1
Attachment H — "CoC Homeless Assistance F .o�grath; .0L0I,.r3 . ::form
Attachment I - "Incident Report" form 1/1L
Attachment J — "Real Property& Equipm,ent Asset•In ntor" ��form
Attachment K- "The Housing Assistance Payment (HAP)" Contract or"Third-party
Lease" and / or other applicable Rental Assistance program forms**
**as may be updated and amended from time to time
•
CoC Grant#FL0177L4D001407,City of Miami Beach, Outreach Page 36