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Community Development Block Grant Agreement with H.O.P.E. a49i6 -0 gzo COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (H.O.P.E., INC.) This Agreement made and entered into this a 3 day of WO wl f9.e/, 2016, by and between the CITY OF MIAMI BEACH, a Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), and HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.), a Florida not-for profit corporation, having its principal office at 11501 NW 2 Avenue, Miami, Florida 33168 (hereinafter referred to as "Sub-Recipient"). WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant programs, Community Development Block Grant (CDBG)funds, and HOME Investment Partnership funds (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, each year, the City prepares a One-Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of low-and-moderate- income residents; and WHEREAS, on June 8, 2016, the City Commission approved Resolution No. 2016- 29420, approving the One-Year Action Plan for Federal Funds for FY 2016/2017, and providing CDBG funds in the amount of ONE HUNDRED AND SIXTY-SIX THOUSAND, NINE HUNDRED AND THIRTY-NINE DOLLARS for administrative allowance equal to 20% of the Fiscal Year 2016/2017 CDBG HUD entitlement amount; and WHEREAS, the City is required by HUD to administer. HUD-funded programs and activities in a manner affirmatively furthering the policies of the Fair Housing Act of 1968; and WHEREAS, activities carried out pursuant to this responsibility may be charged to Program Administration; and WHEREAS, the City has allocated FOURTEEN THOUSAND DOLLARS ($14,000) to cover expenses related to these efforts; and WHEREAS, the Sub-Recipient has agreed to provide Fair Housing Services ("Program") within the City limits; and WHEREAS, the One-Year Action Plan for FY 2016/2017 was made available to the public for comment at the City Commission meeting on June 8, 2016; and for a 30-day public review and comment period, from May 5, through June 6, 2016. NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six(6)exhibits, all of which are attached and incorporated in this Agreement: • Exhibit A-Scope of Services • Exhibit B- Documentation • Exhibit C - Budget • Exhibit D - Financial Management for CDBG-funded activities • Exhibit E-Monthly Progress Reporting Forms • Exhibit F- Monitoring Tool 1 Section 2. Statement of Work: The Sub-Recipient agrees to implement the Program in accordance with Exhibits A and B, which Program is summarized as follows: Fair Housing Services The Fair Housing Act, 42 U.S.C. 3608, Section 808(e)(5), requires the Secretary of the U.S. Department of Housing and Urban Development (HUD) to administer HUD's housing and urban development programs in a manner as to Affirmatively Further Fair Housing (AFFH). All localities that are direct recipients of CDBG funds from HUD are required to conduct an Assessment of Fair Housing (AFH) through the analysis of their fair housing landscape and set locally-determined fair housing priorities and goals. Although the grantee's AFFH obligation arises in connection with the receipt of Federal funding, its AFFH obligation is not restricted to the design and operation of HUD-funded programs at the State or local level. The AFFH obligation extends to all housing and housing-related activities in the grantee's jurisdictional area whether publicly or privately funded (U.S. Department of Housing and Urban Development Office of Fair Housing and Equal opportunity, Fair Housing Planning Guide, Chapter 1, Section 1.2, 1-1). The Consolidated Plan regulations (24 CFR 91) require a certification by each jurisdiction that it will AFFH, which requires Fair Housing Planning. Fair Housing Planning entails: 1) implementation of action plans to eliminate any identified impediments; and 2) maintenance of AFFH records, corresponding with implementation of the Consolidated Plan every three to five years. Objective: Sub-Recipient agrees to provide technical assistance to the City in meeting its requirement to Affirmatively Further Fair Housing as an entitlement jurisdiction by overcoming the effects of conditions that limit fair housing choice citywide through education, outreach and counseling. Section 3. Agreement Amount: The City agrees to make available Community Development Block Grant (CDBG) funds, in the amount of FOURTEEN THOUSAND DOLLARS ($14,000) for use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit C — Budget following the rules for Financial Management for CDBG Funded Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)to the Agreement, shall be referred to as the"Funds"). Section 4. Alterations: Any proposed changes in the Program including, without limitation, the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City Manager, which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR 570.503 (b)(2), Sub-Recipient shall submit monthly Program Accomplishment, Financial and Progress reports in the forms included in Exhibit E- Monthly Reporting Forms, describing the progress made by the Sub-Recipient in achieving the objectives identified in Exhibit A—Scope of Services. These complete reports shall be submitted no later than the 10th day of each month. As part of the report submitted in October 2017, the Sub- Recipient also agrees to include a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures, and including, but not limited to, performance data and client feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B contains a checklist of backup documentation to be used in fulfillment of the monthly reporting requirement. Other reporting requirements may be required by the City Manager in the event of Program changes; the need for additional 2 information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement, pursuant to Section 12 hereof. Other reporting requirements may be required by HCD in the event legislative amendments are enacted or as the City Manager may reasonably deem necessary. The Sub-Recipient shall be informed, in writing, if any changes become necessary. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit C—Budget and in accordance with performance. Section 6. Monitoring: In compliance with 2 CFR 200.331 (d)and (e), at its discretion, the City may schedule at least one (1) annual on-site monitoring visit with the Sub-Recipient to evaluate the progress of the Program, and provide technical assistance using the Monitoring Tool attached as Exhibit F. Section 7. Additional Conditions and Compensation: The parties acknowledge that the Funds originate from CDBG grant funds from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In the event of curtailment or non-production of said Federal funds, the financial sources necessary to continue to pay the Sub-Recipient all or any portions of the Funds will not be available. In that event, the City may terminate this Agreement, which termination shall be effective as of the date that it is determined by the City Manager, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, the Sub-Recipient agrees that it will not look to, nor seek to hold the City, nor any individual member of the City Commission and/or City Administration, personally liable for the performance of this Agreement, and the City shall be released from any further liability to Sub-Recipient under the terms of this Agreement. Section 8. Compliance with Local, State and Federal Regulations -The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration as described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K—Other Program Requirements, as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local (City and County) laws and ordinances hereto applicable. It shall be the Sub-Recipient's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for benefits under covered activities funded by the CDBG Program. "Benefits" under this section means financial assistance, public services, jobs, and access to new or rehabilitated housing and other facilities made available under activities funded by the CDBG Program. "Benefits" do not include relocation services and payments to which displacees are entitled by law. Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Section 11. Term: This Agreement shall be deemed to have commenced retroactively on October 1, 2016, and shall terminate on September 30, 2017 (the Term), with the understanding that at, the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. 3 Section 12. Termination of Agreement: 12.1 Termination for Convenience: This Agreement may be terminated by the City,for convenience and without cause, through the City Manager, upon 30 days prior written notice to Sub-Recipient. In the event of such termination for convenience, the City shall cease any payments to Sub-Recipient for costs resulting from obligations which were not approved before the effective date of termination. Sub- Recipient shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible for submitting a final report, as provided in Section 5 hereof, (detailing all Program objectives, activities and expenditures up to the effective date of the termination). Said final report shall be due within five (5) working days following the effective date of termination. Upon timely receipt of Sub-Recipient's final report, the City, at its sole discretion, shall determine the amount (if any) of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Program items, and shall provide Sub-Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to, the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County or City law, or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been placed in default. Such notification shall include: (i)actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period, which shall be no less than thirty (30) days from notification date with respect to Subsections 12.2(a), (b), and (d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d) within the aforestated cure period, this Agreement shall be considered terminated for cause, without requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Sub-Recipient, as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Sub- Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 4 Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the termination for cause, as described in this section, shall be effective upon receipt of the termination notice, without the opportunity to cure said default. Additionally, if Sub-Recipient has committed similar defaults under Subsections 12.2(a), (b), and (d), on two or more occasions during the term of the Agreement, the termination for cause, as described in this section, shall be effective as of the date the second notice is sent to Sub-Recipient by the City, without the opportunity to cure said default. 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the Sub-Recipient incurred after termination are not allowable unless expressly authorized in writing by the City Manager (whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination, were not in anticipation of it, and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities: In compliance with 2 CFR 200, Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The Sub-Recipient hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. Section 14. Program Income: The Sub-Recipient shall report monthly all program income (as defined at 24 CFR 570.500(a))generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub-Recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the Grantee at the end of the Term. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee. Section 15. Religious Organization or Owned Property: CDBG funds may be used by religious organizations or on property owned by religious organizations only with prior written 5 • • approval from the City Manager, and only in accordance with requirements'set in 24 CFR §570.200(j). The• Sub-Recipient shall comply. with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis, - of religion and will not limit employment or give preference in employment to persons • on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State, and local governments, and may continue to carry out its mission,including the definition, practice, and expression of its religious beliefs, provided,that it does not use direct CDBG funds to support any inherently religious activities,such as worship, religious instruction, or proselytizing. d. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the. extent.that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part. . Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation • uses as its principal place of worship, however, are ineligible for CDBG-funded improvements. Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the City (whether under this Agreement, or at law or in equity), the Sub-Recipient shall. immediately transfer to the City any Funds on hand at. the time of termination (or expiration) and any accounts receivable attributable to the use of CDBG funds. The City's receipt of any Funds on hand at the time of termination, shall not waive the City's right(nor excuse Sub-Recipient's obligation) to recoup all or any portion of the Funds, as the City may deem necessary. Section 17. Conformity to HUD regulations: The Sub-Recipient agrees to abide by guidelines set forth by HUD for the administration and implementation of the CDBG Program, including applicable Uniform Administrative- Requirements set forth in 24 CFR 570.502, as amended by 2 CFR 200 and applicable Federal laws and regulations in 24 CFR 570.600, et seq. as now in effect and as may be amended from time to time. In this regard, the Sub-Recipient agrees that duly authorized representatives of HUD shall have access to any books, documents, papers and records of the Sub-Recipient that are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts and transcriptions. a. Subpart A "Acronyms and Definitions" b. Subpart B-General Provisions. c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards" d. Subpart D - "Post-Federal Award Requirements", except for 200.305, 200.306, 200.307, 200.308, 200.311 as detailed below: 1) "Payment" is modified for lump sum drawdown for financing of property rehabilitation activities, in accordance with 570.513. 6 - • 2) "Program Income"is governed by 570.504 3) "Real Property"does not apply, except as provided in 570.200(j). Real property is governed by§ 570.505. 4) "Equipment" CDBG Sub-Recipients shall follow Section 200.313, except that when the equipment is sold, the proceeds shall be program income. Equipment not needed by the Sub-Recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 5) Section 200.333`Retention requirements for records"applies except that: For Sub-Recipients: (a) The retention period for individual CDBG activities shall be the longer of five (5) years after the expiration or termination of the Sub-Recipient agreement under § 570.503, or five (5) years after the submission of the annual performance and evaluation report, as prescribed in § 91.520 of this title, in which the specific activity is reported on for the final time; (b) Records for individual activities subject to the reversion of assets provisions at § 570.503(b)(7) or change of use provisions at § 570.505 must be maintained for as long as those provisions continue to apply to the activity; and (c) Records for individual activities for which there are outstanding. loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied. 6) Section 200.343"Closeout" HCD will close-out the Federal award when it determines that all applicable administrative actions and all required work of the Federal award have been completed by the Sub-Recipient. The following actions must take place to complete this process at the end of the Term. (a) The Sub-Recipient must submit, no later than 90 calendar days after the end date of the Term, all financial, accomplishment, performance, and other reports as required by the terms and conditions of this MOU. HCD entity may approve extensions when requested by the Sub-Recipient. (b) Unless HCD authorizes an extension, Sub-Recipient must liquidate all obligations incurred under this MOU no later than 90 calendar days after the end date of the Term as specified in the terms and conditions of this MOU. (c) HCD must make prompt payments to the Sub-Recipient for allowable reimbursable costs under this MOU prior to being closeout. (d) Sub-Recipient must promptly refund any balances of unobligated cash that HCD paid in advance or paid and that are not authorized to be retained by the Sub-Recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts. (e) Consistent with the terms and conditions of the MOU, HCD must make a 7 • • settlement for any upward or downward adjustments to the Federal share of costs after closeout reports are received. • (f) Sub-Recipient must account for any real and personal property acquired with - Federal funds or received from the Federal Government in accordance with §§200.310 Insurance coverage through 200.316 Property Trust Relationship and 200.329 Reporting on Real Property. (g) HCD should complete all closeout actions for Federal awards no later than , one year after receipt and acceptance of all required final reports. • e. Subpart E-Cost Principles f. Subpart F-Audit Requirements . _ . Section 18. .Sponsorships: The Sub-Recipient agrees that all. notices, informational pamphlets, • press releases, advertisements, descriptions of the sponsorship of the Program, research • reports, and similar public notices prepared and released by the Sub-Recipient for, on • behalf of, and/or about the Program, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" • In written materials, the words , , "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT" shall appear,in the same size letters or type as the name-of the Sub-Recipient. Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in accordance with 24 CFR 570.502, 570.503(b)(2) and 570.506 to determine compliance with the requirements of this.Agreement, the CDBG Program, and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: a. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement; • b. Time sheets for split-funded employees, which work on more than one activity, in order to record the, CDBG activity delivery cost by Program and the non-CDBG related charges; and c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations as defined in 24 CFR 570.209, income certifications, and written Agreements with beneficiaries, where applicable. • 8 • • • The Sub-Recipient is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of five (5) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after closeout of this Agreement, of the address where the records are to be kept. Section 20. Audits and Inspections: At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Sub-Recipient shall make available all records, documentation, and any other data relating to all matters covered by the Agreement,for review, inspection or audit. In compliance with 2 CFR 200, Subpart F- Audit Requirements, if Sub-Recipient expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards • must have a single or program-specific audit conducted for that year in accordance with . the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the • right to recover any disallowed costs identified in an audit after such closeout. Section 21. Indemnification/Insurance Requirements: The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement and/or the Program. The Sub-Recipient shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorney's fees) and judgements which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. The Sub-Recipient shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section has been obtained and the City's Risk Manager has approved such insurance. In the event evidence of such insurance is not forwarded to the City's Risk Manager within thirty (30) days after the - commencement date of the Term, this Agreement shall automatically terminate and become null and void, and the City shall have no obligation under the terms and conditions hereof. • The Sub-Recipient shall maintain and carry in full force during the Term of this Agreement, and/or throughout the duration of the Program contemplated herein, whichever is longer, the following insurance: a. • General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit, subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. • b. Worker's Compensation and Employers Liability, as required pursuant to Florida • • Statutes. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of$500,000, subject to adjustment for inflation. 9 • The City of Miami Beach shall be named as an additional insured under all such insurance contracts. Thirty- (30) day written notice of cancellation or substantial modification of the insurance coverage must be given to the City's Risk Manager by the Sub-Recipient and its insurance company. The insurance must be furnished by insurance companies authorized to do business in the State of Florida, and approved by the City's Risk Manager. The companies must be rated no less than "B+" as to management, and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City's Risk Manager. Original Certificates of Insurance for the above coverage must be submitted to the City's Risk Manager for approval prior to any work commencing. These certificates will be kept on file in the Office of the Risk Manager,Third Floor City Hall. The City shall have the right to obtain from the Sub-Recipient specimen copies of the insurance policies, in the event that submitted Certificates of Insurance are inadequate to ascertain compliance with required coverage. Compliance with the foregoing requirements shall not relieve the Sub-Recipient of its obligation to indemnify and hold the City harmless, as required in-this section. Section 22. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant (CDBG)funded activities has any personal financial interests, direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub-Recipient covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 23. Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in Federal court. BY ENTERING INTO THIS AGREEMENT, CITY AND SUB-RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. Section 24. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Maria L. Ruiz, Department Director Office of Housing and Community Services Care of: Office of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Sub-Recipient: Keenya Robertson, Executive Director Housing Opportunities Project for Excellence, Inc. 11501 NW 2 Avenue 10 Miami, FL 33168 In the event that the Sub-Recipient changes the Executive Director during the term of the Agreement, such change must be notified in writing to the City within 15 days of such change. Section 25. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on City's liability for any cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $5,000. Sub-Recipient hereby expresses its willingness to enter into this Agreement with Sub-Recipient's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$5,000. Accordingly, Sub-Recipient hereby agrees that the City shall not be liable to Sub- Recipient for damages in an amount in excess of $5,000, for any action or claim for breach of contract arising out of the performance or nonperformance of any obligations imposed upon the City by this Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28. Section 26. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. [SIGNATURES TO FOLLOW] 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC. (HOPE, INC.) a Florida not-for-profit corporation ATTEST: / . 'pp i trOldk i. Vi c_.,/-o/ g col `" ) d Keenya Robertson, Executive Director Print Name Print Name and Title iVZ Z /‘ 1f /fr Date D e CITY OF MIAMI BEACH ' a Florida Municipal corporation , !i��CORP ORATED. ATTEST: • /_ —_� / ,, . = • i• ature / f;;,.- 1'' �' ture ;. ;T 26 Rafael Granado, City Clerk Jimm L. Morales Cit Mana•er Print Name Print ' ame DEC 222016 12 yzl' Date Date APrnOVED AS TO FOLF,/i & LANGUAGE . & Ff"`� EX CUTION V LN ,;iurnay lip:/ Date F:\RHCD\$ALL\HSG-CD\CDBG\CDBG FY 2016 2017\Public Services\HOPE\CDBG HOPE CONTRACT FY 16.17.docx 12 EXHIBIT "A" "SCOPE OF SERVICES" Statement of Work: In compliance with 24 CFR 570.503 (b)(1), Sub-Recipient agrees to provide the following: Program: Fair Housing Services — Affirmatively Furthering Fair Housing efforts within the City limits. Service: Provide 3 public event appearances each month. Outreach will include targeted efforts to reach both home seekers and housing providers through presentations, classes, meetings, workshops, fairs, seminars, civic events, and functions otherwise where people can be duly informed of their rights and responsibilities under national, state , and local fair housing laws. Units of Service: 28 Fair Housing Education—Community Events Targeted Population: Adults over the age of 18. Budget: $14,000—as detailed in Exhibit C- Budget Service Locations: Scattered sites located within the City of Miami Beach limits Timeframe: October 1, 2016—September 30, 2017 Deliverables: Sign-in sheets; Event materials; Event photos Accomplishment Report showing amount of City of Miami Beach beneficiaries; Quarterly Newsletter As detailed in Exhibit B - Documentation Benchmarks: Education of citizens regarding fair housing opportunities and rights City Requirement: By the 10 of each month, Sub-Recipient agrees to notify the City of the public events taking place so that the City can advertise those efforts and increase Program participation. The Program is designed to overcome the effects of conditions that limit fair housing choice and to provide essential and detailed fair housing information, enforcement, counseling and referral services to all City residents. Program activities ensure that the general public and protected classes become aware of fair housing laws and the means available to seek redress for fair housing rights violations, especially those at risk of experiencing housing discrimination based on their protected class status: e.g. race, color, religion, sex, disability, familial status, national origin, age, marital status, sexual orientation, gender identity/expression, source of income, or status as a victim of domestic violence. The initiative is also structured to furnish housing providers with the most current information necessary to comply with fair housing laws and become fully aware of the existence, nature, extent, and causes of fair housing issues. Page 1 of 20 Related Definitions: Environmental Review — Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604). Evidence of Procurement — All expenses incurred with grant funds require evidence of procurement according to this Agreement. Please carefully read the Agreement and related HUD rules to ensure compliance. Monthly Accomplishment Report — The Sub-recipient is required to submit a Monthly Accomplishment Report by the 10th of the following month. The report will detail the demographics of the Program beneficiaries within the City limits. Monthly Financial Report — The Sub-Recipient is required to submit a Monthly Financial Report by the 10th of the following month regardless of whether or not funds are requested. The report delineates Program costs incurred including non-City funds. Monthly Progress Report — The Sub-Recipient is required to submit a Monthly Program Progress Report by thel0th of the following month. The report summarizes the progress made and Units of Service completed. Professional Services Contracts —Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts must be submitted to the City prior to reimbursement request. Proof of Insurance — Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be dispersed prior to submission of.required insurance coverage. Applicable Rules and Regulations: 1. Environmental Review: In compliance with 24 CFR 570.604 Environmental Standards, HCD is responsible for undertaking Environmental Reviews in accordance with the requirements imposed on "recipients" in 24 CFR 58. Pursuant to 24 CFR 58.34(3) — Exempt Activities: Except for the applicable requirements of § 58.6, HCD does not have to comply with the requirements of this part or undertake any environmental review, consultation or other action under NEPA and the other provisions of law or authorities cited in § 58.5 for Administrative and management activities. Page 2 of 20 2. Compliance with National Objective CDBG funds expended for administration, planning and capacity building costs are considered to address the national objectives for the CDBG program as a whole; therefore, no documentation of compliance is required. 3. Budget Amendments The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written approval by the City Manager. To request a Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. No budget amendment will be processed after June 30, 2017. Budget amendments that deviate from the original scope will be rejected and the funds in question may be subject to recapture at the sole discretion of the City Manager. 4. Sub-Recipient File Review The following documentation must be included in the Sub-Recipient's file for those employees providing services under this contract. • Evidence of Credentials/Licenses • Evidence of Required Experience • Florida Background Criminal Screening, if applicable • Affidavit of Good Moral Character, if applicable • 1-9 Verification on File • CDBG Training Certificate 5. Evaluation In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub-Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Monthly Accomplishment Reports • Accuracy and timeliness of Monthly Financial Reports • Accuracy and timeliness of Monthly Progress Reports • Adherence to Program timelines Page 3 of 20 • Fulfillment of prescribed outcomes 6. Monitoring & Performance Reviews HCD reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. This includes, but is not limited to, event attendance to see Program efforts. Monitoring visits will take place within 120 days of the Contract's start date. HCD will notify Sub-Recipient a minimum of three (3) business days prior to a monitoring visit. 7. Performance Ratings Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the following measures, will be posted on the City's website on an annual basis: • Timely and accurate submission of Monthly Progress/Accomplishment Report • Timely and accurate submissions of Monthly Financial Reports (reimbursement requests) • Delivery of contracted service units Ratings will be given for each performance measure based on the following: Performance Measure Rating Rationale& Score Timely and accurate submission of ➢ "0"for failing to submit on time Monthly Progress/Accomplishment Report ➢ "25"for submitting on time Timely and accurate submissions of ➢ "0" for failing to submit accurate report Monthly Financial Report (reimbursement with back-up material on time requests) ➢ "25" for submitting accurate report on time Delivery of contracted service units within Possible score of 0 to 50 based upon contracted timeframe completion of projected service units. Score is pro-rated if total projected service units are not met. 8. Reporting Requirements The Sub-Recipient will provide the City with a complete Monthly Accomplishment, Financial and Progress Report by the 10th of the following month. In the event that the 10t of the month lands on a Saturday, Sunday or holiday, the reports must be submitted the following business day. The following chart depicts the submission dates for the term of this Agreement: Page 4 of 20 Month :Date or Submission October 2016 November 10, 2016 November 2016 December 12, 2016 December 2016 Janua 10, 2017 - - Janua 2017 . Februa 10, 2017 • • - Februa 2017 March 10 2017 March 2017 ,- .- • A•ril 10,2017,•Aril 2017 - :: ... .,..-.Ma 10, 2017: , Ma 2017 June 12, 2017 - June 2017 Jul 10, 2017 Jul 2017 Au•ust 10;'"2017 . Au.ust 2017 Se•tember 11, 2017 - - - Se•tember 2017- October 10, 2017. Monthly reports will be submitted via any of the following methods: • Standard mail .. ` • Hand delivery Monthly reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed , • Necessary back-up materials are included (sign-in sheets, event materials, HOPE quarterly newsletter..) _ , - ;, .- _ , - • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory 9. Timeliness of Reimbursement Requests ..w , Reimbursement requests must be submitted no later than sixty (60) days from the incurrence of the expense. The City will strictly monitor this element. Therefore, the Sub- Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. 10. Training Requirements Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress, Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting Training and places the attendance certificate in the Program's file for inspection by HCD during its monitoring visit. Page 5 of 20 ro Wil P I� E !Fiji O a N - 1 b C ,P �O lilt cc:' do $ �� 5 E .:"a 1a LL I p k p p .1Q a > N ¢tY p `s „ H _ I P i c 50 ' y lull a x i :p9°1 lo c 24 a 24 .64�� .. m �e, r° g p`o a d t �° 12 8 d s _ o �a x I.e 0 R a lilE d T Z a _ � ; EXHIBIT E - MONTHLY PROGRESS REPORTING FORMS MIAMI B EAC H Monthly Progress Report Sub-Recipient: Housing Opportunities Project for Excellence, Inc.(H.O.P.E Date: Project: Fair Housing Education and Outreach Initiative Funding Source: CDBG Fiscal Year: 2016-2017 Reporting Period: October 2015 Funded Project Overview 0 Fiscal Overview Total Project Cost: $ 14,000.00 City Funding: $ 14,000.00 Project Progress for Current Reporting Period For Capital Projects,please include photographs of progress achieved this reporting period. Certification of Compliance In accordance with Section 8 of the contract between the City and the Sub-Recipient:The Sub-Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration as described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K—Other Program REIMBURSEMENT SUMMARY — f, Monthly Financial Report t4i5•7',1S Sub-Recipient: Housing Opportunities Project for Excellence, Inc. (H.O.P.E.) Project: Fair Housing Education and Outreach Initiative Funding Source: CDBG Funding Fiscal Year: 2016-2017 Date of Reimbursement Request: Draw Number: 1 Reimbursement Summary Expense Category Grant Award Available Balance This Request Personnel Expenses $ - $ - Operating Expenses $ - $ - Capital/Equipment Expenses $ - $ - Professional Services Expenses $ 14,000.00 $ 14,000.00 $ Other Expenses $ - Total Reimbursement Reque: $ 14,000.00 $ 14,000.00 $ - Sub-Recipient Certification In accordance with Section 7 of the contract between the City and the Sub-Recipient: The parties acknowledge that the Funds originate from HUD, and must be implemented in full compliance with all of HUD's rules and regulations. In accordance with Section 8 of the contract between the City and the Sub-Recipient: The Sub- Recipient agrees to comply with all applicable Federal regulations as they may apply to Program administration as described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with the laws and regulations as described in 24 CFR 570 Subpart K — Other Program Requirements, as same may be amended from time to time. Additionally, the Sub-Recipient will comply with all State and local (City and County) laws and ordinances hereto applicable. In accordance with the Agreement between the City and the Sub-Recipient, the Sub-Recipient must comply with the regulations governing equal employment opportunities. Signature of Preparing Party Signature of Authorizing Party Name: Name: Date Date ORIGINAL SIGNATURE AND EVIDENCE OF EXPENSE MUST BE INCLUDED Page 14 of 20 REIMBURSEMENT SUMMARY Reimbursement Detail Personnel Expenses Employee p , Salary Cost , `Benefits&Fringe Total Reimbursement; $ $ $ - $ $ Personnel Expenses Total $ Operating Expenses Expense Item Unit Cost -Quantity ' Total Reimbursement $ $ $ [Operating Ex ens s .- R. $ �p g �p es Total,:, : _ .. $ - Capital/Equipment Expenses Expense Item Unit Cost Quantity Total Reimbursement $ $ $ apital/Equipment Expenses Total $ - Professional Services Expenses ,: Expense Item Unit Cost Quantity Total Reimbursement Fair Housin Education Communit y Event $ 500.00 $ $ $ $ $ $ - $ professional Services Expenses Total ' — ' $ Other Expenses I _ _ Expense Item .. _ I:Unit Cost Quantity Total Reimbursement $ $ - $ $ $ $ $ her Expenses Total u ,:j $ ORIGINAL SIGNATURE AND EVIDENCE OF EXPENSE MUST BE INCLUDED Page 15 of 20 EXHIBIT F — MONITORING TOOL N C a1 E E 0 U x g ti z o Z V a) to w a) a C N c •- Fo c) C C C N L- c L h U d O N C E In O C ca Q c`' .y 't co C C. 4a N .0 �O j a) o N fa LL C O_ (a N L7 O Q N fl. 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