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Home American Rescue Plan Program Agreement with Legal Services of Greater Miami, Inc. DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 ZO 2,2,-3 21 Q13 • HOME AMERICAN RESCUE PLAN PROGRAM AGREEMENT BETWEEN CITY OF MIAMI BEACH AND LEGAL SERVICES OF GREATER MIAMI, INC. THIS HOME AMERICAN RESCUE PLAN (HOME-ARP) PROGRAM AGREEMENT, entered into this ? ,day of , 2022 ("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the"City"); and the LEGAL SERVICES OF GREATER MIAMI, INC., a Florida not-for-profit corporation, (hereinafter collectively referred to as"Legal Services"). WHEREAS, the City is an the City is an entitlement recipient of U.S. Department of Housing and Urban Development(HUD)grant funds for the Community Development Block Grant(CDBG), and HOME Investment Partnership programs (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities;and WHEREAS, on September 22, 2021 the City received notification from U.S. Department of Housing and Urban Development(HUD)that the City was award $2,245,387 in HOME-American Rescue Plan ("HOME-ARP")funding; and WHEREAS, on January 20, 2022, the Mayor and City Commission approved a substantial amendment to the City's FY 21 One-Year Action Plan,to include the HOME-ARP funding; and WHEREAS, on January 24, 2022, the City issued a Request for Proposals (RFP) for CDBG, HOME and HOME-ARP program funds; and WHEREAS, the resulting HOME-ARP recommendations for Supportive Services were as follows: $46,866 for the Legal Services of Greater Miami- North Beach Homeless Prevention Program and $183,801 for the Legal Services of Greater Miami-Eviction Defense project;and WHEREAS, on June 22, 2022, the City Commission adopted Resolution No. 2022-32188, approving the One-Year Action Plan for Federal Funds for FY22, providing HOME-ARP funds in the amount of Forty-Six Thousand Eight Hundred Sixty-Six dollars ($46,866) for North Beach Homeless Prevention Project to be provided by the Sub-Recipient as a Supportive Service("Program"); and WHEREAS, on September 15, 2022, the City executed an agreement with HUD for the purpose of conducting homelessness assistance and supportive services program with federal financial assistance under the HOME-ARP Program; and NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six (7) 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 HOME-ARP-funded activities • Exhibit E-Report Forms • Exhibit F- Monitoring Tool • Exhibit G—HUD Compliance Forms Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in accordance with Exhibits A and B,which Project is summarized as follows: 1 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 North Beach Homeless Prevention Project To provide assistance to individuals and households who are homeless, at risk of homelessness, and other vulnerable populations, by providing direct legal services to remove barriers to housing access and stability and reduce homelessness in the City of Miami Beach,with a focus on North Beach (zip code 33141). Section 3. Agreement Amount: The City agrees to make available Home American Rescue Plan Grant(HOME-ARP)funds, in the amount of FORTY-SIX THOUSAND EIGHT HUNDRED SIXTY-SIX DOLLARS ($46,866) 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 HOME-ARP Funded Activities as stated in Exhibit D. (hereinafter, the aforestated amount including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"). Section 4. Alterations: Any proposed changes in the Project including, without limitation, the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing, by the City Manager,which approval, if given at all, shall be at his/her sole reasonable judgment and discretion. Section 5. Reporting Requirements and Method of Payment: In compliance with § 92.504 (c)(3)(vi) the Sub-Recipient agrees to submit monthly Project Progress, and Financial Status in the forms included in Exhibit E — Monthly Reporting Forms, describing the progress made by Sub-Recipient in achieving the objectives identified in the Scope of Services, and shall include photographs of recent progress, as applicable. These reports shall be submitted no later than ten (10) days after the end of each month. As part of the "Final Report", the Sub-Recipient also agrees to include, a comprehensive final report covering the agreed-upon Project objectives, activities, expenditures, and including, but not limited to, performance date and client feedback with respect to the goals and objectives outlined in Exhibit A. 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 24 CFR § 92.504 (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 HOME-ARP 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 2 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 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 and to carry out each activity in compliance with the laws and regulations as described in 24 CFR Part 92, as same may be amended from time to time. Additionally, 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. 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 10. Term: This Agreement shall commence on the date of the last signature executing the Agreement and shall terminate on September 30, 2023 (the Term), with the understanding that at the end of the Term, the City Commission has the authority to reappropriate any remaining unused Funds. Section 11. Remedies for noncompliance: Contracts for more than the simplified acquisition threshold currently set at$150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. As a result, Sub-Recipient shall incorporate in every contract executed as a result of this Agreement the following remediation options: "If Contractor fails to comply with Federal statutes, regulations or the terms and conditions of the Federal award, City may take one or more of the following actions, as appropriate under the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the contractors/subcontractors. b. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. c. Wholly or partly suspend or terminate the Federal award. d. If contractor/subcontractor is noncompliant, City can request the Sub-Recipient to recommend HUD to initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations. e. Withhold further Federal awards for the Project. f. Take other remedies that may be legally available". 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 3 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 all Program-objectives, activities, and expenditures up to the effective date of the termination). Said final report shall be due within five (5) working days following the effective date of termination. Upon timely receipt of Sub-Recipient's final report, the City, at its sole discretion, shall determine the amount (if any) of any additional portion of the Funds to be returned to the City as a result of any unapproved or unused Funds, or incomplete Project items, and shall provide Sub- Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12.1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to,the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County, or City law or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been placed in default. Such notification shall include: (i) actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period, which shall be no less than thirty (30) days from notification date with respect to Subsections 12.2(a), (b), and (d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated cure period, this Agreement shall be considered terminated for cause,without requiring further notice to Sub-Recipient, and Sub-Recipient shall be solely responsible for repayment to the City of all or any portion of the Funds disbursed to Sub-Recipient, as deemed required by the City, in its sole and reasonable discretion. Said monies shall be immediately due and payable by Sub- Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (e), the termination for cause, as described in this section, shall be effective upon receipt of the termination notice,without the opportunity to cure said default. Additionally, if Sub-Recipient has committed similar defaults under Subsections 12.2(a), (b), and (d), on two or more occasions during the term of the Agreement, the termination for cause, as described in this section, shall be effective as of the date the second notice is sent to Sub-Recipient by the City, without the opportunity to cure said default. 12.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory constraints placed on the Funds by HUD, this Agreement will terminate, effective 4 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 as of the time that it is determined by the City Manager that such Funds are no longer available. Costs of the Sub-Recipient incurred after termination are not allowable unless expressly authorized in writing by the City Manager (whether in the notice of termination or subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of the City Manager: a. The costs resulted from obligations which were properly incurred before the effective date of termination, were not in anticipation of it, and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment Opportunities/No Discrimination: : In compliance with 2 CFR 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." Unless otherwise required by applicable laws, in connection with performance of the Services, the Sub-Recipient shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Sub-Recipient shall comply with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in the employment, housing, public accommodations, 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 §92.503 (a) generated by activities carried out with HOME-ARP funds made available under this Agreement. The use of Program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR §570.504. By way of further limitations, the Sub-Recipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such Program income balances on hand. All unexpended Program income shall be returned to the Grantee at the end of the contract period. 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: HOME-ARP funds may be used by religious organizations or on property owned by religious organizations only with prior written approval from the City Manager, and only in accordance with requirements set in 24 CFR § 570.200(j). The Sub-Recipient shall comply with First Amendment Church/State principles, as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 5 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 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 HOME-ARP 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, HOME-ARP 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 HOME-ARP funds in this part. Sanctuaries, chapels, or other rooms that a HOME-ARP-funded religious congregation uses as its principal place of worship, however, are ineligible for HOME-ARP-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 HOME-ARP 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. The Provider agrees to abide by guidelines set forth by HUD for the administration and implementation of the HOME-ARP Program, including applicable Uniform Administrative Requirements set forth in 24 CFR 92.505, and applicable federal laws and regulations in 24 CFR 92.350, et seq. 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. The Sub-Recipient shall comply with the requirements and standards of OMB Circular No.A-122, "Cost Principles for Non- profit Organizations", or OMB Circular No. A-21, "Cost Principles for Educational Institutions"as applicable. The Sub-Recipient shall comply with the following provisions of the Uniform Administrative Requirements of OMB Circular A-110 (implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations") or the related HOME-ARP provision, as specified in this paragraph: a. Subpart A-"General"; b. Subpart B - "Pre-Award Requirements", except for 84.12, "Forms for Applying for Federal Assistance"; c. Subpart C-"Post-Award Requirements", except for: 1) Section 84.22, "Payment Requirements"-Grantees shall follow the standards of 85.20(b)(7)and 85.21 in making payments to sub-recipients; 2) Section 84.23, "Cost Sharing and Matching"; 3) Section 84.24, "Program Income" — In lieu of 84.24, HOME-ARP sub-recipients shall follow 92.503; 6 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 4) Section 84.25,"Revision of Budget and Program Plans"; 5) Section 84.32, "Real Property" — In lieu of 84.32, HOME-ARP Sub-Recipients shall follow 92.504; 6) Section 84.34(g), "Equipment"- In lieu of the disposition provisions of 84.34(g), the following applies: i. In all cases in which equipment is sold, the proceeds shall be returned to the program (pro-rated to reflect the extent to which HOME-ARP funds were used to acquire the equipment); and ii. Equipment not needed by the sub-recipient for HOME-ARP activities shall be transferred to the recipient for the HOME Program or shall be retained after compensating the recipient; 7) Section 84.51(b), (c), (d), (e), (f), (g), and (h), "Monitoring and Reporting Program Performance"; 8) Section 84.52, "Financial Reporting"; 9) Section 84.53(b), "Retention and access requirements for records". Section 84.53(b)applies with the following exceptions: i. The retention period reference in 84.53 (B) pertaining to individual HOME- ARP activities shall be five years; and ii. The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; 10) Section 84.61, "Termination" — In lieu of the provisions of 84.61, HOME-ARP sub-recipients shall comply with 92.504(c)(2)(vii); and d. Subpart D - "After-the-Award Requirements" - except for 84.71, "Closeout Procedures". Section 18. Sponsorships: The Sub-Recipient agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the Sub-Recipient for, on behalf of, and/or about the Project, shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH HOME AMERICAN RESCUE PLAN PROGRAM" In written materials,the words "CITY OF MIAMI BEACH HOME AMERICAN RESCUE PLAN PROGRAM GRANT FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Sub-Recipient 7 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Section 19. Examination of Records: The Sub-Recipient shall maintain sufficient records in accordance with §92.508 to determine compliance with the requirements of this Agreement, the HOME-ARP Program, and all applicable laws and regulations. This documentation shall include, but not be limited to,the following: (i) A full description of each project assisted with HOME-ARP funds, including the location (address of each unit), form of HOME-ARP assistance, and the units or tenants assisted with HOME-ARP funds. (ii) The source and application of funds for each project, including supporting documentation in accordance with 2 CFR 200.302; and records to document the eligibility and permissibility of the project costs, including the documentation of the actual HOME-ARP-eligible development costs of each HOME-assisted unit (through allocation of costs, if permissible under§ 92.205(d)) where HOME-ARP funds are used to assist less than all of the units in a multi-unit proiect. (iii) Records demonstrating that each rental housing or homeownership project meets the minimum per-unit subsidy amount of § 92.205(c), the maximum per- unit subsidy amount of§ 92.250(a), and the subsidy layering and underwriting evaluation adopted in accordance with§92.250(b). (iv) Records (e.g., inspection reports) demonstrating that each proiect meets the property standards of § 92.251 at project completion. In addition, during the period of affordability, records for rental projects demonstrating compliance with the property standards and financial reviews and actions pursuant to§ 92.504(d). (v) Records demonstrating that each family is income eligible in accordance with §. 92.203. (vi) Records demonstrating that each tenant-based rental assistance project meets the written tenant selection policies and criteria of § 92.209(c), including any targeting requirements, the rent reasonableness requirements of§ 92.209(f), the maximum subsidy provisions of § 92.209(h), property inspection reports, and calculation of the HOME-ARP subsidy. (vii)Records demonstrating that each rental housing project meets the affordability and income targeting requirements of§ 92.252 for the required period. Records must be kept for each family assisted. (viii) Records demonstrating that each multifamily rental housing project involving rehabilitation with refinancing complies with the refinancing guidelines established in accordance with§92.206(b). (ix) Records (written agreements) demonstrating compliance with the written agreements requirements in§92.504. 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- 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: 8 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 a. At any time during normal business hours, and as often as the City (and/or its representatives) may deem necessary, the Sub-Recipient shall make available all records, documentation, and any other data relating to all matters covered by the Agreement, for review, inspection or audit. In compliance with 2 CFR Part 200, Subpart F- Audit Requirements, if Sub- Recipient expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards, the Sub-Recipient must have a single or program-specific audit conducted for that year in accordance with the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. b. Inspector General Audit Rights: 1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4) The Inspector General shall have the right to inspect and copy all documents and records in the Sub-Recipient's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors 9 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5) The Sub-Recipient shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Sub-Recipient shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Sub-Recipient shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 6) The provisions in this section shall apply to the Sub-Recipient, its officers, agents, employees, subcontractors and suppliers. The Sub-Recipient shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Sub-Recipient in connection with the performance of this Agreement. 7) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Sub-Recipient or third parties. Section 21. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOME American Rescue Plan (HOME-ARP)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§92.356 "Conflict of Interest", and the Federal, 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 22. Indemnification/Insurance Requirements:The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees and agents, from any and all claims, liability, losses and causes of action which may arise out of an act, omission, negligence or misconduct on the part of the Sub-Recipient, or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of Sub-Recipient, pursuant to this Agreement and/or the Project. The Sub-Recipient shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, and shall pay all costs (including attorney's fees) and judgements which may issue 10 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 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 Project contemplated herein,whichever is longer,the following insurance: a. General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $1,000,000 single limit, subject to adjustment for inflation. The policy must include coverage for contractual liability to cover the above indemnification. b. Worker's Compensation and Employers Liability, as required pursuant to Florida Statutes. c. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. Limits for such coverage shall be in the amount of $300,000, subject to adjustment for inflation. d. Physical/Sexual Abuse coverage shall be required when dealing with minors. Limits for such coverage shall be in the amount of$500,000. The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract,which could result in withholding of payments or termination of the contract. A. Workers'Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440 and Employer Liability Insurance with a limit of no less than$1,000,000 per accident for bodily injury or disease. Should the Contractor be exempt from this Statute,the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers'Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or(ii)a copy of a Certificate of Exemption. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, and$2,000,000 general aggregate. C. Automobile Liability Insurance covering any automobile, if vendor has no owned automobiles, then coverage for hired and non-owned automobiles,with limit no less than $1,000,000 combined per accident for bodily injury and property damage. D. Contractors' Pollution Legal Liability(if project involves environmental hazards), with limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. 11 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 • E. Builders Risk Insurance utilizing an"All Risk"coverage form,with limits equal to the completed value of the project and no coinsurance penalty. (City of Miami Beach shall be named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until acceptance of the project by the City.) Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However,this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance must be placed with insurers with a current A.M. Best rating of A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds(i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However,failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH c/o EXIGIS Insurance Compliance Services P.O. Box 4668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach a(7riskworks.com Special Risks or Circumstances-The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer,.coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. 12 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Section 23. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Home Rescue Plan Act Grant (HOME-ARP) 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 em•lo ed. The Sub- Recipient covenants that it will comply with all provisions of Y3 @PP 13Ki1399 "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 24. Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial,without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court. BY ENTERING .INTO THIS AGREEMENT, CITY AND SUB-RECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. Section 25. Notices: All notices required under this Agreement shall be sent to the parties at the following address: City: Alba Tarre, Department Director Office of Housing and Community Services Care of: Office of Housing and Community Development City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Sub-Recipient: Monica Vigues-Pitan, Executive Director Legal Services of Greater Miami, Inc. 4343 W.Flagler Street, Suite 100 Miami, FL 33134 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 26. 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 27. Florida Public Records Law: 13 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 • a. Sub-Recipient shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. b. The term "public records" shall have the meaning set forth in Section 119.011(12), Florida Statutes, which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. c. Pursuant to Section 119.0701, Florida Statutes, if the Sub-Recipient meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Sub-Recipient shall: 1) Keep and maintain public records required by the City to perform the service; 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law; 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement, if the Sub-Recipient does not transfer the records to the City; 4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Sub-Recipient or keep and maintain public records required by the City to perform the service. If the Sub-Recipient transfers all public records to the City upon completion of the Agreement, the Sub-Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the Agreement, the Sub- Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. d. Request for Records; Noncompliance 1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Sub-Recipient of the request, and the Sub-Recipient must provide the records to the City or allow the records to be inspected or copied within a reasonable time. 2) Sub-Recipient's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (i) unilaterally terminate the Agreement; (ii) avail itself of the remedies set forth under the Agreement; and/or(iii)avail itself of any available remedies at law or in equity. 3) A Sub-Recipient who fails to provide the public records to the City within a reasonable time may be subject to penalties under§ 119.10, Florida Statutes. e. Civil Action 14 of 31 DocuSign.Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 1) If'a civil action is filed against a Sub-Recipient to compel production of public records relating to the City's contract for services, the court shall assess and award against the Sub-Recipient the reasonable costs of enforcement, including reasonable attorneys'fees, if: i. The court determines that the Sub-Recipient unlawfully refused to comply with the public records request within a reasonable time; and ii. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Sub- Recipient has not complied with the request, to the City and to the Sub- Recipient. 2) A.notice complies with subparagraph (1)(ii) if it is sent to the City's custodian of public records and to the Sub-Recipient at the Sub-Recipient's address listed on its contract with the City or to the Sub-Recipient's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery,which may be in an electronic format. 3) A Sub-Recipient who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. f. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADORMIAMIBEACHFL.GOV PHONE: 305-673-7411 Section 28. E-Verify • 27.1 Sub-Recipient shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Sub-Recipient shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Sub-Recipient shall expressly require any approved subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Sub-Recipient enters into a contract with an approved subcontractor, the subcontractor must provide the Sub-Recipient with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Sub-Recipient shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. 27.2 Termination Rights. a.If the City has a good faith belief that Sub-Recipient has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement 15 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 with Sub-Recipient for cause, and City shall thereafter have'or owe no further obligation or liability to Sub-Recipient. b.If the City has a good faith belief that a subcontractor has knowingly violated Section 27.1 of this Agreement, but the Sub-Recipient otherwise complied with such section, the City will promptly notify the Sub-Recipient and order the Sub- Recipient to immediately terminate the agreement with the subcontractor. Sub- Recipient's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Sub-Recipient's contract for cause. c.A contract terminated under the foregoing Subparagraphs (a) or (b) is not in breach of contract and may not be considered as such. d.The City or Sub-Recipient or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (a) or (b) no later than 20 calendar days after the date on which the contract was terminated. e.If the City terminates the Agreement with Sub-Recipient under the foregoing Subparagraph (a), Sub-Recipient may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. Sub-Recipient is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. Section 29. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. [SIGNATURES TO FOLLOW] • 16 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 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. LEGAL SERVICES OF GREATER MIAMI, INC. a Florida Not-For-Profit Corporation ATTEST: Doc,Signed by. r—oo.sten.e by [ 'l�, ca lit/tits P Av. C^64C"C"96,""67 ecrefary Signature Arya Li _ • Monica Vigues-Pitan, Executive Director Print Name Print Name and Title 12/14/2022 I 12:22 PM EST Date CITY OF MIAMI BEACH, FLORIDA a Florida municipal corporation ATTEST: / li Signature S ature 1-1.-f-A-- Rafael E.Granada,City Clerk Alina T. Hudak, City Manager Print Name Print Name 1241123•27._ Date p�tea• "g1111 . / APPROVED AS TO 0 ��i� FORM&LANGUAGE . i•�.i &FORpECUTION INCORXitl.k.-.)Kit WIlv\Z2- : P ,.,,City Attorney Date '. G '40r.9 26 . .S ; A ... 111-.il y l• .:. 17 of 42 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 EXHIBIT"A" "SCOPE OF SERVICES" Statement of Work: In compliance with 24 CFR 570.503 (b)(1), Sub-Recipient agrees to provide the following: Sub-Recipient Name: Legal Services of Greater Miami, Inc. Federal Award M21-MP120212 Identification DUNS Number: 087356127 FEW EIN Number: 59-1227481 Federal Award: FY 21/22 HOME-ARP Funds Subaward Period of Agreement execution date—September 30, 2023 Performance: Budget: $46,866—as detailed in Exhibit C-Budget Federal Awarding U.S. Department of Housing and Urban Development(HUD) Agency: Pass-through Entity: City of Miami Beach—Office of Housing and Community Development, a Division of the Office of Housing and Community Services. Prior to the 10th of every month starting the month after contract execution: • Progress Reports Due: • Accomplishments • Financial Budget Amendment June 30,2023 Deadline At least sixty(60) percent of your allotted grant funds must be expended Expenditure Deadline by June 30, 2023 as demonstrated by the total value of reimbursements processed. National Objective Low-income clientele: Qualifying Population Project: North Beach Homeless Prevention Project Project Location: 4343 W. Flagler Street, Suite 100, Miami, FL 33134 Outreach and education activities, client intake, provision of legal advice Service: and counseling, case preparation, and representation at judicial, administrative, and appellate hearings and trials to individuals and households who are homeless, at risk of homelessness, and other vulnerable populations Units of Service: 60 cases 3 Outreach and Education Events • Intake application including income eligibility, age and consents • List of services provided Deliverables: • Monthly report showing the number of cases opened and closed • Quarterly reports of outreach events, including number of attendees • Sign-in sheet from outreach events 18 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Requirements/Definitions: 1. Davis-Bacon Act Compliance The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. Affordable housing rehabilitation projects of eight (8) or more units using HOME-ARP funds must ensure Davis-Bacon Act compliance. 2. Certified Payroll Certified payrolls shall be submitted weekly for each week in which any contract work is performed in compliance with Federal Labor Standard Provisions. 3. Section 3 Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or other public construction, requires compliance with Section 3 of the HUD Act of 1968. 4. Environmental Review Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements (24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604). No project funds will be advanced, and no costs can be incurred, until the City has conducted an Environmental Review of the proposed project site as required per 24 CFR 58. 5. Compliance with National Objective The Subrecipient must maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the HOME-ARP program's national objectives: (1) benefit low/moderate income persons, (2) aid in the prevention or elimination of slums or blight, or(3) meet community development needs having a particular urgency, as defined in 24 CFR Part 570.208, specific documentation of which shall be maintained in the project file. 6. Income Verification Sub-Recipient will ensure and maintain evidence that activities assisted with HOME-ARP funds comply with the primary National Objective, "Benefit to Low- and Moderate- Income Persons" and will provide services or activities that benefit at least 51% low- and moderate-income persons. A low- or moderate-income household is defined as: a household having an income equal to or less than the HUD income limits. Sub-Recipients are responsible for using the most current income limits. Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the responsibility of the Sub-Recipient to become familiar with this tool. 7. Budget Amendments The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written approval by the City Manager. To request a Budget Amendment, a written request for changes must be submitted to your Grant Monitor delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the sole discretion of the City Manager. 19 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 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. 8. Employee File Review The following documentation must be included in the Sub-Recipient's file for those employees providing services under this contract as applicable. • Current Florida Driver License • Resume with evidence of Required Experience • State of Florida Board Teacher Certification/License, if applicable • Administrative Rule 6a-4.01795-ESE education/experience, if applicable • Childcare Affidavit of Good Moral Character • Level 2 Florida Background Criminal Screening • Child Abuse and Neglect Reporting Requirement • Data Confidentiality Agreement • 1-9 Verification on File • HOME-ARP Training Certificate 9. Evaluation In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub- Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Financial Reports • Accuracy and timeliness of Progress Reports • Adherence to Project timelines and Technical Assistance and Sub-Recipient Instructions • Fulfillment of prescribed outcomes 10. Monitoring&Performance Reviews City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. Monitoring visits will take place within 120 days of the Agreement's execution date. City will notify Sub-Recipient a minimum of three(3) business days prior to a monitoring visit. 11. Compliance with Local Rules, Regulations,Ordinances and Laws The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active business license) in addition to those specified in the body of the Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due the City prior to Agreement execution 12. Rent Roll Submissions Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within thirty (30) days of meeting the National Objective and every year thereafter for a minimum of fifteen (15) years in adherence with the affordability period required with use of these funds. For completed projects, certified tenant rolls must be submitted annually by November 1st. 13. Affordable Rents Criteria To ensure the housing is affordable to low-and moderate-income persons, all HOME-ARP-assisted rental units (12 units) must have rents that are the lesser of the Section 8 Fair Market Rents periodically established by HUD for the Section 8 rental assistance program for existing housing, or 20 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 rents which are 30% of adjusted income for households at 50% of area median income minus tenant paid utilities. The Subrecipient shall ensure that all of the units in the Project continue to be used to provide housing for low-and moderate-income persons at affordable rents.The affordability period for the project will be 50 years. 14. Restrictive Covenant The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will ensure the assisted units remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the appropriate term described in the previous paragraph. The period of affordability for this project is fifty (50) years regardless of repayment of loan and/or transfer or sale of the Project Property or any portion thereof. 15. Reporting Requirements Progress Report — The Sub-Recipient is required to submit a Project Progress Report via Neighborly software, as indicated in the Scope of Services. Even if no clients are served during any particular reporting period and/or no grant funds have been expended, the subrecipient is still required to complete and submit the Progress Report, explaining any issues and/or challenges related to the program. Reports are divided into two sections: • Part 1 - Accomplishments — The report will detail the demographics of the Project beneficiaries regardless of the service being provided. In order to avoid duplication, beneficiaries are only to be reported once after the first time a service is provided. Sub- Recipient is to report only the new clients(people) benefiting from the Project in each report with the Accomplishment Report matching race, income and other information requested. • Part 2 — Narrative and Supporting Documentation - The report summarizes the progress made during the reporting period, including photos and Units of Service completed. The report should detail accomplishments compared to the annualized goals set for the activity or program. • Financial Report— Funding provided under this Agreement is available on a reimbursable basis. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget. Draws shall be submitted via Neighborly Software once a month. The report delineates Project expenses incurred and must include the corresponding evidence of expenses incurred for any Project related expense which is being submitted for reimbursement as detailed in Exhibit "B" Documentation. Exhibit "E" shall be completed for each draw request and included uploaded to Neighborly Software along with all back-up documentation. City is only to reimburse expenses related to the provision of services related to this Agreement. Reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed including draw number and submittal date • Necessary back-up materials are included (as stated in Exhibit"B" Documentation.) • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory 16. Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty (60) days from the incurrence of the expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. 17. Procurement Records 21 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part 200 Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD rules to ensure compliance. Sub-Recipient must retain and include the following rationale and documents supporting any acquisition of goods and services that are being charged to this Project in compliance with 2 CFR 200 Subpart D, Procurement Standards: • Rationale for the method of procurement; • Selection of contract type; • Contractor selection or rejection; and • Basis for the contract price. 18. Professional Services Contracts No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written Agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts must be submitted to the City prior to reimbursement request. 19. Traininq Requirements Sub-Recipient must ensure that the person responsible for preparing the Progress, Accomplishment and Financial Reports attends the HCD's Sub-Recipient Reporting Training. 20. Proof of Insurance Evidence of appropriate and required insurance must be submitted prior to contract execution. No City funds will be dispersed prior to submission of required insurance coverage. 22 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 EXHIBIT"B" "Documentation" 23 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 EXHIBIT"C" "Budget" The attached budget reflects the scope of expenses that may be incurred through this Agreement. 24 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 EXHIBIT"D" "Financial Management" To comply with Federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every HOME-ARP dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible,the City must administer the HOME-ARP funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries - Should be supported by proper documentation in personnel files of hire date, position, duties, compensation, and raises with effective date, termination date, and similar type information. Non-exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from HOME-ARP funds should prepare a time sheet indicating the hours worked on HOME-ARP projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits-Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services - Should be supported by a complete and signed copy of the contract between the Sub-Recipient and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor. • Purchases -At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five (5) years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their representative. Audits Sub-Recipient shall adhere to the following audit requirements: 1. Audits for Federal Awards in excess of$750.000 in a fiscal year. If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the 25 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 procedures. Further the auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include: • An opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion)as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. • A report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. • A report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the Sub- Recipient complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. • A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part 200.501. 2. Audits for Federal Awards under$750.000 in a fiscal year. If the Sub-Recipient expends less than $750,000 in the fiscal year in Federal awards it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the Sub-Recipient to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall,where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 26 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 EXHIBIT"E" "Report Forms" 27 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 EXHIBIT"F" "Monitoring Tool" HOME investment Partnerships Program(HOME) City of Miami Beach Monitoring Checklist Office of Housing&Community Servfoes Recipient Prolle 4goncy NOTED Agency Address Frajoc t Address on Tele•hone •on Web A'•ross ContrAct Etfectivo Data contract Esgeollion ante HOME Award otal Pra oct Cost Fund Catoboty 14 a a»�a -8 o^'pa"' othee Projptt Funding Sourcoa; g wt:90 Sprv+ooc a IAYprlh$ary os rare Semis? Itoa�uEkrco anrlxota Hemel Ser Wes x H�e molary Services rarplal n rrgw q G'1 NotionalOblocttvo 0OblactiruA C❑❑fobl,c*la ii 0ObJoctiraC Ahgpdy6Wg2p JOr Ru, A*hGLgeoptt.R OuakSos®iW2'W rt boonkorc M 9 ' Rr Wes! aami If Objective At Arp0005OO, a o4 Cie sec +o Job croeineer -t Aro*/ Amity HointegAcwly Ramraion AuMr/ PrOfOCt SLitru 1.7ry f reotrn $mtia..e..w24ad For Projocts Addressing National Objicctivo A IS there tiff s:fent evfdOntso d0CumanCalg soreieo to 10w Arid moderrto ias0MO r Yea III NO persons? Comments in support of above: Documentation Rouidw lid ❑Geoff Fit ICI CHcat Sign•tn Shoots/Logs pu Olhor '❑Other For Construction Prd'acts Did rerWent set apart environmental tie? ■Yea r No Did reFpisnt conduct the correct level of environmental review? ••Yes OR No Doss t he ent„rommental file co-Plain tits following: f5ate of Comp ietean ■Yea a.An eindronmealel assessment? b. Published Notice Finding of No Significant Impact? C. Published tolfoo of Intent to Ream=Retcaso of Funds? ❑No d. Request for Releaso of Funds? o. IDED Rolcaso of Funds Letter? f. 'State Historical Sodotyelearanco Lotter? Did recip lie adequately respond to my corm tri s mado on the environmental assessment? . Yos I No I D NIA Wea the®•slap Pig fosoene lac any part al Ms profatcs/nod an In Ma 1OO.reartlood:AM? T3 Yos ILEItcal When was the oenaln,Ction contract sinned? Comments on Above; 2 ra Si Murq rod 28 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Financial Management - Does the recipient maintain an adequate financial management system? ■Yes A No a, is the system In compile/toe with all requirements outlined in the HOME I Yes I No Management Guide? b. Are local effort foods incorporated into budget end aecounling records? Yes ©No c. Are expenditures made according to the HOME/local effort ratio shown In the Yes Int No oontract? d. Does the recipient disburse funds within 10 working days of receipt? Lives 1J No Document above responses by spot¢ltectting financial transactions and recordin In chart on , 4. Does the recipient provide for adequate internal control and segregation of dirties? In Yes Li No Was program income received?. LI Yes J No 1 ❑NIA If land was part of the local effort,how was the value of the land determined? It toroe account later 6s b0tn5 used,do aeo sheets document tame arocatud to Lao HOME program? ❑Yes I No I®NIA Re all Ft4XME nerds!meta mated Gh aern C n ptaneo with OMB eatar,4102,Mad aneet C? Li Yes No Comments on above: 3 HMIE sm_ ,na Thal Pnyrcnts System Check Draw Pastor Contractor [mrolce Invoke Approval Payment Chock Fends Breakdown ' Received Date Amount Date Date Number Local HOME Comments on abovo: 4 Sc Son rttttrag7not 29 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Procurement Does the recipient have the written procurement procedures? Yes J No Does the recipient have a written code of conduct? s Yes -No Did the recipient use the small purchase method of procurement for services,supplies Yes No and other property costing in the aggregate no more than$100.000? If so,were price or rate quotations obtained from a number of qualified sources? i Yes III No Did the rep pieit sotldt proposers for administrative seivioes(teenier ,eastonal services)? Yes I f No U NIA a Were an adequate number of proposals solicited through a Request for Proposals? a Yes No b. How was the REP publicised? Yes No c. Were proposals evaluated on established criteria? ;Yes No Did the recipient solicit qualiOtafiana for engineeringfarchltectural services? U Yes. f U No [.NIA. . a. Were an adequate number el quastiwtbna satiated Moen a Request ter Quurecaiona? II Yes No b, How was the RFD publicized? ■Yes O No c. Were quatiticotions evaluated on established criteria(not including cost)? N Yes No d. Did the reGdonl negotiate fair and roesoeabra compensaGot ails Wend eosi eeParoNtect? •Yes No Did the recipient use competitive seated bids? ❑Yes I JO No NIA a. Were an adequate number of bids solicited? -Yes D No b. How was the opportunity to bid publicized? Yes -No c. Were contracts awarded to the Lowest responsible bidders? - Yes No . d. Are there bid tabulation sheets for each procurement? 0 Yes No Did recipient receive IDED approval for any solo source procurement? Li Yes 1 LINe N/A What actions has the recipient taken to solicit participation from minority-and women- Explain in comment box. owned businesses in the HOME program? Comments on above: nous ::0.serwrnp red Contract Management Administration) Did the rociplont contract for administrative sorvicos? i•Yes •No a. With whom is the contract for adrnlnistnallve services? b. What is the executed date of the contract for administrative services? c. What Is tine contract ma:datum or'not to exceed'amount? Doos tho contract include all r ..uirod Ian;v •t? >•Yes f No a. .sriaind aeons to pectin 1 records by redolent and couropristooDvairesom asanoias? £Yes Si No b. Providing for maintenance or records for live years after project dose-out? al Yes III No c. Tile VI or the Civil Milne Act of 1964? II Yes N No d. The VIII of the Cavil RI.-is Act 19138? ousi Yes ®No a. Executive Order 11063?(housing) ■Yes )•No 'TSSeetion 109 of the Huoenfl and Conernne r Dev nt Act of t-041d Cohen act g or ti— •Yes 'II No • • o Discrimination Act of 1975? U Yes M No h. Section 504 of the Rehabilitation Act of 1978? #Yes X No, I. Section 3 of the Housln t$Urban Dovclo•rnent Act of 1988? 11 Yes to N—o--- ExecutIve Order 11245 of oontreel rs• rater gran S10000 ■Yes 1(No k. Americans with Disabiities Act? • II Yes i No r 1. Termination clauses? RI Yes. ■No era trio twins et inn contract appropriate pat'vwoolen*of csrwboa7 sees a pcucenlsj of cost')? N Yes ... U No a, Does the contract. :*py an hourly rate? IN Yes 1s.No "b. noes tho contract vr+a •fir optional services at midi116mmt casts Hourly,lump cum or actuarj? i Yos. a No Comments on above: • POW San'Arm:m.191W 30 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Contract Nlanageinent(Architectural!Engineering) - Did the recipient contract for the architectural)engineering services? •Yes •No a. With whom is the contract for the arcldtectura1l engineering services? b. What is the executed date Of the contract for arcliitecharaV engineering Serviced? c. What is the contract maximum or*not to exceed'amount? Does the contract include all required language? 0 Yes ■No a. Hawing accoss oo pertinent records by recptiti and sPpmeri us government Agencies? Yes ■No b. Providing for maintenance of records for five years after project cfose-out? I]Yes IIII No c. Titter VI of the Civil Rights Act of 1964? Yos I No d. Titte VII I of the Civil Rights Ado/1968?(housing) :Yes II No ®. Executive Order 11063?(housing) Yes - El No t. Section 109 of the Housing end Cormnun3y Development Act or 1974(at titan not g lit .' Yes •No g. Age Discrimination Act of 1975? Yes Ili No h. Section 504 of fire Rehabietalion Ad of 1978? Yes No 1. Section 3 of the Housing&Urban Development Act of 1968? Yes No 1. Executive Order 11246(if contract is greater than$10,000)? X Yes • No k. Americans with Disabilities Act? Yos MI No, I. Termination clauses? Yes Di No Am Oho forms of the contract appropriate(cot'tateroontage of cost•of'.vat plea a rwrcomtnpa of cacti? I Yes - No a. Does the contract cif an hou rate? Xi Yes P No b. Duos etc conlreot o or opt t services nt add)bmai costa(honey,rump sum or actual)? Yes ❑.No Comments on above: 7 HOW Sea Rtantring Tat Contract Management(Other professional Services) Did the recipient contract for any other professional services? I Yes • No a. With whom Is the contract for professional services? • •-s Spacial inspectiCea b. What is the executed date of the contract for professional services? c, What is the contract maximum or"not to exceed'amount? Does the contract induct°all required language? !•Yes No B. Mowing Access to pertinent records by recipient and appropriate govcmment opencius? ■Yos No b. Providing for maintenance of records for five years atter peeled dose-out? 111 Yes No c. Title VI of the Civil Rights Act of 1964? ■Yes No d. Title VIiI of the Civil Rights Act of 1968?(housing) le Yes ■No • e. Executive Order 11063?(housing) It Yes to No f. Section 109 of the Housing and Community ouvaiserrre ectof 1974(if r,then not g or h} No g. Age Discrimination Act of 1975? P Yes ■No h. Section 504 of the Rehabilitation Act of 1998? I•Yes I No i. Section 3 of the l4ousi•r&Urban Development Act of 1968? • SI Yes it No J. Executive Order 11246(if contract is greater than 510.000)? Yes k. Americans with Disabilities Act? m Yes IOW I. Termination a thedclau appropriate •Yes � Ate the terms of the earthed appropriate(root'pars�itngo�oast cereal plies n peroen^.agm of coon? •Yes A No a. Does the contract s an hourl rate? NI Yes ® ` b. D000 the contract provide for optional services er additional co to ti+ouny.lump sore or ncrwaq? U.Yes ®No Comments on above: a t Tod 31 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Contract Management(Construction) • With whom is the construction contract? a. Whet is the executed date of the contract? b. What Is the contract amount? I Does the contract indtado all required la-ravage? 0 Yes ®No a, PotaMng acoosa to pwtrtant ruconie tar axipeal atm!appropnato 1QHimmant astamoias? -. Yes uNo b. Providing for maintenance of records for five years after project dose-out? Yes - No c. Tito VI of the Civil Rights Act of 1954? Yes • No d. Title VIIi of the Cavil Rights Act of 1968?(Horsing) Yes No a. Executive Order 11063?(ttousinee Yes III No - f. secaw 109 or tie Housing and Community Dove5apmant Actat 1970(o.thorn 9 Cr n) Ei Yes II No g. Age Discrimination Act of 1975? Yes • No ' h. Section 504 of the Rehabilitation Act of 1978? N Yes II No I. Section 3 di the Housing and Urban Development Act of 1968? .■Yes ill No j Executive Order 11246¢if contract is greater than 510,000)? • •Yes • No k. Americans with Disabilities Ad? III Yes No I. Copeland Antleec shack Act?(contracts greater than 32.000) III Yes No m.Davis-Bacon Act?(contracts greater than 32,006) _ Yes No • n. Contract Work Hates and Safety Standard Act?(contracts greater than 32.000) II Yea . 'No o. Section 306 of the Clean Air Act? contracts.reater than$100 000 ■Yes No p. Section 508 of the Clean Water Act?(contracts water an$100,000) N Yes - No • q. Execitive Order 1173B?Contracts greater than S100.000) N Yes No - r. EPA Regulation 40 CFR Part t5?(contracts greater than 3100,000) ..J Yes . II No s. Temenation clauses? j Yes II No Does the contract include the appropriate waige rate determination? Yes III No Has the recipient ve ified Iheeligibely of ell contractors and subcontractors with IOED? ❑Yes ■ NO Do recipient construction rem include the foi a in0(is ativol1 nets with COSG Gnat* ❑Yes —No a. Bid guarantees? . Yes. .No • Performanceb. Perfoance bonds? Yes •No c. Payment bonds? Yes No Comments on above: e HOME Sao fi1 Tool Civil Rights (includin• Section 3,EEO,Fair Housing&MSE1,M'BE) Is the recipient maintaining beneficiary demographic data? N Yes iI No Is the recipient maintaining Section 3 records in order to prepare and submit the ❑Yes 0 No Opportunities for Low incoma Persons with Assisted Projects Foam at program completion? a. Have program contractors hired local.tow income persons to work specifically ,EI Yes ❑No on program activities? b. How hes the recipient made contractors aware of Section 3? Does the recipient have a current Equal Employment Op rtunity Pai1cY?? )„J Yes I ❑No a. When was the EEO PtKxyadopted? b. Does the policy prohibit discrimination on the basis of race,sex.color,national u Yes • 0 No origin,ago,religion disability,and familial status? c. How was the policy made public? d. Who is the local official responeibie for EEO policy? e. How does the recipient advertise job vacancies? f. Do lob advertisements contain equal employment opportunity language? Does the reci lent have 15 or more employees? ID Yes 0 No a. If so,does the recipient have a current workforce analysis? Yes No b. Does the recipient have an affirmative action plan? Yes No a. Is the recipient meeting affirmative action goals? , Yes No d. If any employment discrimination complaints were Bred against the recipient. Q Yes .0 No 0 WA have they been satisfactorily resolved? What actions has the recipient taken to affirmatively further fair housing? Comments on above: t0 HOME SO MONMOVI TOO 32 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Labor Standards(if applicable) ,Who is the recipient's Labor Standards Compliance Officer? Does the recipient have a labor standards enforcement fife for each construction activity? Have contractor payrolls been submitted weekly? Has the Labor Standards Compliance Officer reviewed and accepted all payrolls? Contractor!Subcontractor Payroll Number Date of Payroll Comments Did the recipient interview construction employees to ensure contractors were paying ❑Yes ❑No appropriate wages? a. Were employee interviews boss-referenced with the applicable weekly U Yes U No payroll? b. Are hinge benefits being paid according to the wage rate determination and I ❑Yes 0 No compliance with tabor standards? a. is overtime compuler on the basic hourly rate shown an the wage rate ❑Yes DI No determination? Describe any wage discrepancies andfor arty violations of labor standards and how they were resolved? If any contractors or subcontractors are using apprentices,does the recipient have on U Yes U No file the requited Department of Labor authorization documents for each apprentice? Comments on above: tt HCRX 41r11,,l6ik[eAy Tour Acquisition and Relocation(if applicable) If the recipient acquired any real property,including permanent easements,with the ■VOLUNTARY ■INVOLUNTARY intent to use federal funds to complete the projects,was the real estate transaction VOLUNTARY or INVOLUNTARY? (VOLUNTARY)Did the recipient notify seller in writing(1)that the property would not U Yes U Alb be taken through condemnation and(2)of the recipient's estimate of fair market value? a. Was notification provided prior to the signing of a purchase offer? Yes ❑No b. if not,was the seller allowed to withdraw from the purchase agreement once Yes ❑No notified of the fair market value? (INVOLUNTARY)Did the recipient advise property owners of their rights under the ❑Yes ❑No Uniform Act either by cerfifred return receipt mail or hand delivery? Was the property appraised by a guarded appraiser prior to Initiation of negotiation? _0Yes No a. When was the appraisal conducted? b. When was the review appraisal conducted? • G What appraisal method was used? d. Were appraisal standards followed? Yes Id No If an appraisal was not performed,was property valued at less than S2,600 or did the U Yes Mo recipient obtain an approved waiver of apprakeel statement from property owners? Old the recipient provide the property owner a written Notice of Just Compensation 0 Yes U No (written purchase offer)for each acquisition taking into account the value of allowable damages or benefits to any remaining property? Was the written offer equal to the appraised fair market value? d Yes ft No a. Was the summary statement issued with the written offal? Yes 1 No Was the written offer greater than the appraised fair market value? Yes -No a. Vlas thorn dowmuniatlarl of an adrrartistrauvo sellromsnt twee!that olfadoos ant mane the Yes _No coat el tilunn prosody by eminent domain)in the recipient's kilo? Was the offer negotiated after the offer to purchase was made? Yes Nb Did the recipient exercise its power of eminent domain to acquire the property? Yes No Was the purchase payment made prior to the property owner transferring the property Yes No to the agency? Comments on above: 12 Houz 504 ibSAorim Tool 33 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Acquisition and Relocation(if applicable) is there a final dosing cost summary sheet showing the recipient reimbursed property ■Yes Ili No owner for?: a. Recording fees,transfer taxes,title opinions,etc:? U Yes 11 No t b. Prepayment nal on a m a o? Yes 110 No c. The ro rate share of taxes? Yes No d. Lai Lion enses? Yes No Was the aired a vacant? if not ski next uostion Yes No a. If the vacant structures acquired were determined occupiable to low-and Yes No moderate-Income persons,did the recipient follow its adopted Residential Anti- displacement and Relocation Plan? Did the recipient inform the occupant of the basic eligibility requirements and 0 Yes 0 No relocation benefits? a. Was notification hand•delivered or mailed by certifiedfretum receipt mall? EYes ❑No Did the relocatee receive?: a. A fixed payment for moving expenses? IJ Yes No b. Actual moving expenses? Yes No c. A housing payment(rental assistance payment of up to 65,250 for 90-day Yes No tenants or owner-occupants or replacement housing payment of up to$22 500 for 180-day owner occupants)? d. A payment equal to or fess than reasonable property relocation costs for actual 0 Yes U No direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation,or equal to the average annual net earnings not less than 61,000 and not more than 620,000? e. A payment for actual reasonable expenses in searching for a replacement []Yes 0 No business or farm? f. A m.estabtishment payment for expenses of re-establishing the business not to ®Yes Q No exceed$10,000? Comments on above: 13 nova 5as mxwimaro^d Acquisition and Relocation(if applicable) Did the recipient determine that the displace was eligible for alternative assistance ■Yes ■No (under Section 104(d)of the Uniform Act)? a. What was the type of assistaneo_provided? b. What was the level of assistance? lithe recipient provides Relocation Assistance Advisory Services,are they adequate? Explain in comment box. If the recipient provided"housing as a last resort,:was it with IDED approval? • ❑Yes I ❑No If relocation was carried out under a third-party contract.how was it done? Explain in comment box. Comments on above: 14 NGM Ste kbntmkng Yana ' 34 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Property Management (if applicable) • If the recipient acquired any equipment(nonexpendable personal property)with an •Yes ■No " aggregate purchase price of$5,000 or more,did it first receive authorization from IDED? Does the recipient maintain records on equipment_purchased with federal funds? Yes No Did the recipient dispose of any equipment acquired with CDBG funds? UYes No . a. If the fair market value was greater than$5,000 at the time of disposition(or at ❑Yes No the time when recipient transferred use of equipment to aclivilies;notcurrently or previously supported by a federal agency),was IDED reimbursed an appropriato share? Did the recipient dispose of any real property acquired with CDBG funds? ❑Yes ❑No a. If so,did the recipient request and foilow.disposiition instructions from IDED? U Yes 0 No Comments on above: 15 ritl0:fi Sawa:OWN Tea 35 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Project Monitoring Does rect.'tint maintain documentation in su•.ort of National Ob ectives? ■Yes I No Does reel.':nt maintain Eli.lble Activities Documentation? ■Yes ■`No Has reel•lent submitted r erred accurate Financial Re..ils with documentation? HUVE ■.No Has recipient submitted rewired,accurate -Narrative Reports with client information? II Yes No D.--- - •YF-TiHnklMirlliT•�] Tti�dtYiT1 villa T R T'. c I♦NO Does reel.ant maintain Magidocumentation.if a. ro•date? MN Yes _ `■No IKE N/A. Does red .nt maintain Board meetin•minutes? ■Yes '■No Does reed• .nt maintain tele. one sfnotes if a • •,•date? [ N/A Does red.ent maintain co.Ws of carves•• •enoe with Ci ti I Yes )♦I No Does red.",nt maintain co.tes of• inat a •Iicatioa? MINK Yes r No Does client red.ent maintain amendments to ateliCation? KM Yes Ng■ No M!NIA Comments on above; 16 Vas M FgTod • 36 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Recipient File Audit ' Does reef•lent file have orl•inala •tication? 111113TMNISIB No Does red•lent file have amendments to a.•ications? WM Yes nil No •NIA Does recipient file have Notice of Award? A EI No Does recipient file maintain co•les of comes •ndence between•arties? •Yes ■No Does reci•lent tide maintain co ies of Articles of in • ••ration? ■Yes 11 No Does red.lent file maintain Non-Profit Determination? U Yes s i No Does red«lent fiie maintain list of Board of Directors? ■Yes No Does red•lent fie have Authorization to Re est Funds? ■Yes No Does red•lant iile idantif Authorized Official? Yes No Does recipient file maintain O e=nizationaiChart? Yes No Does red'lent file maintain Resume for Chief Administrator andlor Fiscal Officers? 8 Yes No Does reci.lent file maintain Financial Statement and Audit? Yes No Does reel•lent file maintain Conflict of Interest Statement? Yes No Does red.lent file maintain.tan for Com.liant°with National O.ectivos? Yes No Does recipient file maintain Lobb •Certification? Yes No Does red•lent file maintain date of!rant? Yes No Does recipient fela maintain amount of!rant? •Yes ■No Does red.lent file maintain Statement of Work? •Yes •No Does red plant fie maintain Bu of- Task?Activi ■Yes • No Does recipient tile maintain Schedule• TasklActivi II Yes ■No Does red•lint file maintain Standard Provisions? ■Yes ■No Does reef•lent file maintain S•. al Conditions? _Yes II i[No I NIA Does recipient file maintain Real Pro.e invento IN Yes MI■No ■ NIA Comments on above: 17 14004E Saa LtaroUring Tool Documents Review Current Approved Budget III Yes 1 No L teIA Authorization Letter wfsignatures IN Yes •No NIA Financial Management Systani(amounting books,software,reporting systems) Yes IN No NIA Chart of Accounts Yes I No NU/A Financial Status Report(total operating budget,amount expentded,obligations} MI Yes IN No NiA Drawdown ReguestFonns ■Yes •No WAExecuted Cnntracts1811 Documents 0 Yes No Boatel Minutes for Approval of Contracts U Yes No NIA Most Recent Audit Report Yes U No NIA Certification of Insurance CeverageJ®ondlnq Yes IN No NIA C®BGPayrol Records ❑Yes ■No NiA Certified Construction Payroll Records(forDavis-Bacon) ■Yes •No N/A Approved Cost Allocation Plan ■Yes I No NIA Relevant Financial Correspondence I Yes ■No ❑WA Comments on above: is %VIE Sip.►aoncodno Tool 37 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Additional CommentsJObservations Deficiencies/Noad far Rern diction Monitoring Certification Date of Monitoring Notification. Date of Monitoring Visit Recipient Staff Participating to Monitoring Visit Deficiencies Foeedf steed for Recipient Rernedfalion L If RentediaIIon Needed.Date for Compliance Date of Written Correspondence Advising of Remediallon and dale for Compliance Date of Monitoring Report's Placement in Rcc plont File Staff Persan Completing Monitoring Signature Date 19 eta SA,tkefteing Tod 38 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 EXHIBIT"G" HUD Compliance Forms • 39 of 31 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 i • --j Part lb Contracts Awarded 1, Construction Contracts: S A Total dour amount of of Contacts 3Warded on the project S B.Total dolor amount of contracts awarded to Section 3 busirtos.Ses S C.Percentage of the total dollar amount that was awarded to Section 3 busireses Ji D.Total number of Section 3 businesses rocohAng contracts 2. Non-Construction Contracts: A.Total dollar amount of ad non-constnrctien contracts awarded on the projodiaetlinly S B.Total deter amount of non-oorstruotion contracts awarded to Section 3 businesses S C.Percentage of Cho total dollar amount that was ewardod to Section 3 businesses 9L D.Total number of Section 3 businesses receiving non-construction contracts Part Ill: Summary Indicate the eftmts mado to direct the employment and other economic opportunities generatod by HUD financial assistance for housing and community development programs,to the greatest extent feasible.toward low-and von/low-income persons.particutady those who are rociplonts of government assistance for housing. (Chock al that apply.) Anemptedto recruit taw-Income residents through:local advertising media,media,stgnspro merntlydisptayed at the project site.contacts with community organizations and pubic or private agencies operating vaittttn the motropofitan area(or nortmotropofilan county) In which the Suction 3 covered program or project Is located,or sirMar methods_ Participated in a HUD program or other program which promotes the training or employment of Section 3 rosidonts. - Participated in a HUD program or other program Which promotes the award of contracts to business concerns which meet the definition of Soctico 3 business contemns. - Coordinated with Yard/build Programs administered In the matropaitan area In which the Section 3 covered project is located. { - Ot or,doscrd+o below. N$L Pubic reposing burden for this cello:lion at infarmadon Fs estimated to average 2 hours per response.incfr$ng the t:mo far rcmiewing tns`.ructwna, searching aaietnp data aourme,pattteeng and msie:aining the data needed.and eempfotnp and reviosing the ecaa_tien of information. This agency may not collect this information,and you are not required to cacplsto this form.unless it displays a currently valid 03.113 control number. Saoden 3 of the Housing and Urban Dev loynant Art of 1903,as amended,12 U.S.C.1701u..mandataa that the Department ensure that employment and other ecanernlc opportunties pattered by Its Rousing and community development assistance programs aro directed'award tar and vary Ion- [Marne persons,paNtutarfy those who aro recipients of government osnateece for housing. The root/otions aro found at 24 CFR Pan 139. The Information sin bo used by t e moon:nem to manor program lec.ptents'compliance with Section 3. to assess the restate of the Department's earwig to mast the statutory ohioctives al Section 3,to prepare reports to Cargroes,and try recipients as a solhrrwni'arurq tool.The dale Is entered Info a data bass and will be analyzed and distribulend_ The cceectidn of intormadon invokes recipients receiving Fadarat financial assistance Mr housing and community development programs covered by Section 3. The it ermean wOl be collected annually to assist HUO in me-camp its reporting roqulrarnanta under Section 609(e)t61 of the Fair Housing Act and Becton 916 of the HCDA of 1092. An assuron c of conlldendatcy Is not apclieab(s to this form. The PrivacyAet of 1974 and 0M8 Ctseidar A•108 are not nppt esbto.The reporting roquiroinonla do not contain Benison etiestions. Data Is eamotativet pureed Identifying inlormot;cn is not Itecttdad. tom rtu1940002(Moot) Pogo 2 of 2 ref 24 CFR 139 40 of 31 DocuSign Envelope ID:EF524F76-9EEF=4516-9F1E-70CB22F61925 Form HUD-0UOQ2.Section 3 Summary Report,Economic Opportunities for low-and Very Low-Income Persons. 771 Instruction-a: This form fa to be used to report annual eecompflihments B. Program Coda Enaor the appropriate program cede as listed at the regarding ompfoynent and other economic opporaatloee pryided to low• bottom of die pane. and very lowdncome persons under SecQOn 3 01 rho 14ouln3 and Urban 9. Program btan:O:Enter the name 01 the HUD Program corresponding melt Devwlopment Act o11908. The Section 3 rogutatlons ripply to any public Mo'Program Code in number 8. and Indian Housing programs that receive:(t)dovotopresnt assistance pursuant so Section 5 of the U.S.Housing Alc of 1g37:(2)operao'ng Penis Empfoyrnent and Training OpportunlUes alslstanro pursuant to Section 9 of the US.Hoaxing Act of 1337:or(3) Column A:Contains various lob eatogodes.Proteulonals are detinod as modentaletten granite pulauornlo Section 14 oil thOU,S,Hou;lnpAetof1937 pooplo ware have spacial Ihrrowledgd of an occupation(Le..aupaMlors, and to recipients of hawing and community devefcparentassilarace m=Ni is aurvayen,ptlarlefe•arid canputor proprarcarero). Far cow In mass of S200.000 expanded fon (1)housing rehnbital on pitchii'ne atmcncn posit one.list oath trade and provide data In cotumoa B lineage F reduction and aboternentof mad-based paint names):(21 housing con. for oath trade where Pserwnp wise employed The ceIagory of'Meer ettuctlart:or 13)other pubPc conercton plolects;end to conrracte and Inductee oewpations such as service workers. Sabcoamcte In eataae di St MOO awarded In connection Y,s the Column 9; Enter to number of now tdroa foe each eafogory al Wnrltors Section-3-covered activity. Identified In Column A In comnection with this awed.New 1-Ore refers to a Form HUD40002 has tlwto ports which aro to be completed for a7 penes who la not oe ttlo cormraata/a or radpiont'a payroll for employment pro rarrscoveredbySectlon3.Pan l rotates toempfo7menrandtraf0Ay, oh the limo of telociran icr Iho Socrion 3 covered award or at the tiro Of Tho recipient has rho option to determine nuraotical arnpMymarderalrtng roee'pt of Sootier)3 covered ass sirince. poen either on the basis of Me number of how!warted by new Ivrea Column C: Enter rho number of Section 3 new hires for each cetegery of (Worms 8.D.E one F)or the weber at new hlree Waited On the Section snake rs identified in Column Ait coon ocicrit10*haf award.Sedion3new 3 covered pre eta(eclumne B.C and F). Part II of the form relates Is hire tolerate Section 3retkdentwmo Keeton eneconulemrborrecipient's contracting,and Part III slrmmarlros Iaeiplants'eftalta to comply with payroll for empto'yrne'n al the time of selection for the Section 3 COveeOd Sachem 3. award or 01 tho limo of recut of Saban 3 covered assistance. Roctpiams or Centimeters subject to Stake*3 feglifOmcal0 must(Mgr). Column D:Enter the poreenmpo of allow staff hours of new taros(Sutton rain appropriate documentation to OataP*Sh Ua01 HUD faUnchef allistOnee 3 residents)in connection wah this award. for(rousing and eonmunity dovclagmant programs wore directed toward Column E r Enter the percentage of the total elan!oars worked lerSection low-and very tom-Income pewees.' A recipient o!SWIMS 3 covered 3 omptoyoos and vafrreea otlesadvrg new wee)connected with into award. assIatanco abaft submit two copies of Otis report to the teal HUD Field include shalt hours for part•time end tallalm0 positions. • Office.Vmere the program providing aaeletanco requites an artnuat podia. manta report.(his section 3 moon Isrob,wbmltwo¢t the same t:ttG Oro Column F:Worths numborof Section 3rosidants thatworo ompbyodand program pwrformanco report is submitted, Whom an annual psdcrrnance 1t0stl fn CO^nsction with this sword. repeat is net required,this Section 3 report hi to be submitted by January to Pert g: Contract Opportunities and,if the prefect cOde Wore December 31.within 10 days of prefect Black t: Comrouellon Convaete compWden. dory Puma ileclptsnta a',zoqudredb,report to NUlL The Item En!erlhetotardoaararootrntalatltonlaHaawaMedonttOproJoev raped moat hiCI de accompaniment,of aB,cclpfoatl and abets See- don 3 warred contractors and subcontractors. P er' IWO Flold O[ticat Enter the Field Otneo none forwarding the Batten 3 Item 8: Enter the total dollar amount OI commas Connected with this report. projoctfpropntm that were iwnrded to Damian 3 businesses. I. Reofootw. Enter rho name wad oddross of The recipient ttrbtrifsng This Item C: Enter the peronmltago of two total dollar amount of contracts report. cOncoetod with this rrojeetiprogram awarded to Saban 3 businta os. P.Federal klenitkehon;Enter the number that appears Cn the award form Item D Erna the number o1 Seaton 3 bus h ashes receiving muds. With dashes). The award may be a plank cooperative agreement or Block 2: NomCOmtrur.Jart Convects concoct item A:Enter the lot al dollar amount 0155 contacts awarded on the project/ 3.Dollar Amount of Awed:Cofer Oho d&Bar amount rounded to the neareet Wogarn. dotter.received by the reefpbnt. Item 8:Entertiw talnt dodo?omocnt of oontracto oonaecledw70r this prolpct 4 5 S. Contact PerserdPhano: Enter rho none and telephone number el awarded 10 Sodom 3 basitesssa. th0 Per4M1 with foloidoCkloofthoawardandalerecIPI011t'simpl*monta• item C: Eater the percentage of The total dolls,amwtnrt et eontradta non el Section 3, concocted with this proJemrprogram aerardad to Sateen 3 baronesses. 6. Rnporting Period:Indicate thatirne period imalltha and year)this report tam t} Ertel the number of Section 3 businosses rocaivtng awards. COYfi10. Part Ill; Summa ry of Miens•Set>eapktna[Ory 7. Date Report Submitted: Enter the apprapdale dote. Ltarrdt Iwo(21 copes of mix roped to ow to the HUD Field Olney of Farr smaller end largo Ionr lice.axonal teal Oho Secretary may oelabksh inc me Flaming and Equal Opportunity,Program Operadone and Compliance wctgsltlfltreree lomo,than to per content ci Set median forteec troll on eec Canter Dirc.ter•attheearne Note MapoHemanea tenon teautxnittodtotho baits of the Secretary's timings sash that variations aro C coma ry Es- program o1ecc.For thou programs whoro wch a ropartra nor roquircd,irro ammo of Orevating heroic al eonstrucllor cosh or wnrsunlIy high.Of tea- ill Section 3 report le submitted by January 10. Include Gray contracts Iactma famWea. Very tow•tneonso persons rnenn taw•tncomo 1arnkloa iff sanwtsd during Ma mooning period epaeoed in horn B. PHAsMAe aro re (bdudirtg single mecca)wham Incomes do not oaceod SO par confirm of report ell aon.'raetslsubcontracts. the median family Intorno far the area,es determined by Oro Secrelvy with • The 1erms?ewe 0on0pamineandlrtrylow-Incomeparser:Chivethe flu nem!orsmellerandlafgerlamines,exceptthatthoSedetarymay same mean ngs given the teams in aoctoe 3(b)(2)or Its¢Unitod Stator establish income ceilings hghoror fewer than 50 par eerIum of rbo modan Housing AcidHwsing Aci co 1937.(.ovwlneomoporsonamaentamigosonc}, rgdnglo for the area ore lire basIn 01 rho Sccrrr:orynfhndfngs that ouch variation aro porsorre)whom*Irtcormos do not exceed fill per cantum el the median neccssery bccouce of untuuany lei t.or lair fmdly Incomes: Income for the area,as dararrt•-road by the see stagy.with attuslrnents for form HUD-60002(E0=01) id Pagel rot24CFR135 1 � _,..___ 41 of 31 0 0 tT ,_ C. CI . m co ....__,._.— p --_a— • 0 co 0 m to N A -n -.1 T m Cglrad sod Scatinitrict.%Itisity' tx Malo�l d l/wrfa d ttt�D....„...., Ml.ilywad N.:�7Tcr lr oAaa m Am..d 76.2.7.w153 71 P.stM..tal.ytadmta/itrcrBr-i 01,408,10,7.s41r1.11nlWnaAg+.S hani4 4,qI6 iMp+atr.rowa6*vgl.wtwna too dg/citi.gdw loom itlkeins ad+..+^W Ow&IirnJsLxd ca'i4lid.1eoes.sJ the adlwiv.efadw.otma ne 4. dd rmrkse.es velour!.Ili)rayon edta.tssu ssiorasm a.J yes in all wiw d ao .n nirn.p..Oa i dgim aowvvk.1Id41tUCam4 Pk.Sm. Psaui.i Wen dirtJJyl4.[Mama tea%wiryKaalsstir'tk4+emet Kai duller d.ttit'N tpb:hFsln.dApir•Yai*t these amid arcs thil yd.SeAasxlM taw.ms M.kkeas.*ta!i The ear.rrrita it%obi ty HID,fa e ita WA e1.1l.ma3SD41 hitch.4uirar W to tJe cast m,asm.+m-..tdeacr**ttotsixst,et..a*,pat( lei 7.Chtatlesart ittrentlu.n(uw.sastpro&p Soatr,Joneradet ea W Zee Es lMJnniofe ri of rmyrty Imatt,etrpatrstxce,iektme+lDamao tkvetalaeH.Irlh isteerstenes a1ad4ed tam seal rot es.u.t. e-{a Seva MBE p a th so.torsRIM PttJsraglnte eq..anepalt .T.‘ ril Priori AO hatk.a II.4atd 11*s Detwusw a+tl.a:glsal Mae Da.stepa.t,raw]/I.w+N Ad.isusmaa u.d.aiad aa.otada0.laar aou.ala led i.this Cos tIsk.r d r 1.III 94snfair,9.1..1103 il.ry,all errs.d sat'.c.,k 5.1ar1. .a...taro&km L1/244.15,400 N.:P.*4 14:v.:xir414146 LkMleimotl.iltw1 put ure.t,.rwril w taeytada P•'iIf Is+.: O t I Falr tl LCcY,3u,bp Cmtt) 0 G+yacTraaclR.nrCUu'tazYewetRilfZtAtQ.^l fkci if . CO MI N III N ItU a) lrseae, ..4 ht.t dt4.it..t.1b1 te..t4:1. AatC.14.1 1 PAIa<w.Seciitd 1l MF.w.II*044714.10r M tit mum) ,r Dm tf.a.d la rWOr.a CO SawthatiwettMa A In.sdt.p.14.s N 0 IRA 1.5.t 7DI0t7a1.FY1 ...W.A.4..►..a....a. Cl cau.rr Coss7ratrtSSW.a UM S____v Caa F.km.atom Mu.of T)Pettdt 1.o 6d>mtm.a CvtmearN'I.Tryzea 1.1.1et.-1,613 poi usaAwearptp. Ottanlr roil balm, Vass d.ad as..Aestalta3l Uwat✓OM aratt`444 ) 7) r...w.d..a..... 344.49.1 0at4.1.1 a.kh., MYtyeti+) Fedor Stye.I 1.4.1. Seca h It k Z i✓ _ b_ � Mira hasp #' .-yea - [ter Mr. 7.1. MTTp dTrlM CWCI V:R.Itdiy.MCMm !ants.Nies KINN*rir ls.a.I.t.M►.NWM lNla114•11R Misr taut CPO: I4r.YaP• II..'Ns6 I-Wa.J Mos.. I..1a...I...I.M1....n I-kYnw1.J 1.tome.arws.r I•%name... a•tet®a.d 1.1 1AM.iaw A11,4464.”4 .•Ir7b.4/l 4.0,mn I-FauaeReva, J--a fl.a. t.Ttwl..Fa t-K vlbno !•%.aI haa.w4)*WUDA 1-Rataanats.wr ' 7.Q1. 7-twor r.FiL'hae®. 1-lb* A1Mrf a-wool Qjgqxs;tq 1•Mash I a.I.a.o. a•Actt.oi Atv.4.e I-A.aflcN h.tcrs $-hr.-1M.tI 4•0., A-.1,....A.. saw,altr.....ns:. f 11116IM4 0401) N 0 Gi i DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Exhibit"C"Budget f�� M I AM I BEACH HOME-ARP FY2021 Project Budget Miami Beach Homeless Sub-Recipient: Legal Services of Greater Miami,Inc. Project: Prevention Project Please list all items that will be reimbursed by the City of Miami Beach. Line Item Quantity Unit Cost Line Total Personnel(Employees Only)-List Position Title ! Senior Staff Attorney $ 11,344.00 I $ 11,344.00 Attorney Pool $ 26,256.00 $ 26,256.00 Benefits $ 8,066.00 $ 8,066.00 Personnel Expenses-Category Totals $ 45,666.00 $ 45,666.00 Operating Expenses-Category Totals L Training $ 1,000.00 $ 1,000.00 Travel $ 200.00 $ 200.00 Space&Utilities(Main) $ - $ - Operating Expenses Category Totals $ 1,200.00 $ 1,200.00 Capital/Equipment Costs E _ $ - Capital/Equipment Costs-Category Totals $ - Professional Services $ - Professional Services-Category Totals $ - Other Costs Other Costs-Category Totals $ - Project Total-All Categories $ 46,866.00 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 RESOLUTION NO. 2022-31979 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,APPROVING A"SUBSTANTIAL AMENDMENT" TO THE CITY'S ONE-YEAR ACTION PLAN FOR FEDERAL FUNDS FOR FY 21, IN ACCORDANCE WITH APPLICABLE FEDERAL REQUIREMENTS,TO INCLUDE THE HOME INVESTMENT PARTNERSHIPS PROGRAM AMERICAN RESCUE PLAN (HOME-ARP) FUNDS IN THE AMOUNT OF $2,245,387; AND AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THE HOME-ARP PROGRAM FUNDS;(2)SUBMIT THE ONE-YEAR ACTION PLAN TO HUD;(3)MAKE SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN; AND(4)SUBMIT THE REVISED ACTION PLAN;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF HOME-ARP PROGRAM FUNDS AND INTERDEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF HOME-ARP PROGRAM FUNDS. WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) formula grant programs as follows: Community Development Block Grant (CDBG)funds and HOME Investment Partnerships (HOME)funds; and WHEREAS, 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, the One-Year Action Plan for Federal funds is a requirement under the HUD formula grant programs, including the CDBG and HOME Programs; and WHEREAS, the One-Year Action Plan for FY 2021 is based upon the City's Federal entitlement of$991,531.00 in CDBG funds and $619,533.00 in HOME funds; and WHEREAS, On March 11,2021,President Biden signed the American Rescue Plan Act of 2021 for the HOME Investment Partnerships Program ("HOME-ARP") into law, which provides funding to address the continued impact of the COVID-19 pandemic on the economy,public health, State and local governments, individuals, and businesses; and WHEREAS, on September 22, 2021, the local US HUD field office notified the City of its HOME-ARP allocation of$2,245,387,which must be expended by September 30,2030 on eligible activities,to address the need for homelessness and supportive services,as described in the One- Year Action Plan for FY 21; and WHEREAS,disbursement of funds is contingent upon the City's submission of the HOME- ARP allocation plan, included as part of the amended One-Year Action Plan for FY 21 and the execution of the HOME-ARP grant agreement;and WHEREAS,the City advertised a Notice of a 30-day public comment period(November 8, 2021 — December 8, 2021), with a public hearing on November 16, 2021 for the substantial amendment to the One-Year Action Plan for FY 21, including the HOME-ARP funds; and WHEREAS, HOME-ARP funds must be used to primarily benefit qualifying populations through four eligible activities:(1)development and support of affordable housing,(2)tenant-based rental assistance(TBRA),(3)provision of supportive services;and(4)acquisition and development of non-congregate shelter units; and DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 WHEREAS,the HOME-ARP allocation plan must describe how the City intends to distribute HOME-ARP funds, including how it will use these funds to address the needs of qualifying populations,as determined in the consultation process; a community needs assessment;and the gap analysis of current housing and shelter inventory; and WHEREAS, 15 percent(15%)of the City's allocation($336,808.05)can be allocated to the planning and administration of the HOME-ARP Program and u p to five percent(5%)of funds can be allocated to a non-profit capacity building; and WHEREAS, the City plans to allocate the remaining HOME-ARP funds to the following activities: 1)Rental Housing($1,400,000),2)Supportive Services($396,309.25),and 3)Non-profit capacity building ($112,269.35); and WHEREAS,the Administration will issue a Request for Proposals in February 2022 to obtain applications from qualified providers interested in providing services aligned with the HOME-ARP Allocation Plan; and WHEREAS, the City Manager is the HUD-designated agent for all formula grants, and executes the grant applications,agreements,and other applicable HUD documents on behalf of the City. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,that the Mayor and City Commission hereby approve a"substantial amendment"to the City's One-Year Action Plan for federal funds for EY 21, in accordance 'with applicable federal requirements, to include the Home Investment Partnerships Program American Rescue Plan(HOME-ARP)funds in the amount of$2,245,387;and authorize the City Manager to:(1)execute all applicable documents related to the appropriation and allocation of the HOME-ARP program funds (2)submit the One-Year Action Plan to HUD;(3)make substantial changes to the One-Year Action Plan;and(4)submit the revised action plan;and further authorize the City Manager and City Clerk to execute agreements for sub-recipients of HOME-ARP program funds and interdepartmental agreements for recipients of HOME-ARP program funds. • PASSED and ADOPTED this 02° day of gG ivr q rtl 2022 ATTEST: .L r►.. - Dan Gelber, Mayor Rafael E. Granado, City Clerk J AN 2 5 2022 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Dote 1"rr DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 / C7-Resolutions M ;f MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: January 20,2022 ;t SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A "SUBSTANTIAL AMENDMENT" TO THE CIT ('S ONE-YEAR ACTION PLAN FOR FEDERAL • FUNDS FOR FY 21, IN ACCORDANCE WITH APPLICABLE FEDERAL REQUIREMENTS, TO INCLUDE THE HOME INVESTMENT PARTNERSHIPS PROGRAM AMERICAN RESCUE PLAN (HOME ARP) FUNDS IN THE AMOUNT OF $2,245,387; AND AUTHORIZING THE CITY MANAGER TO: (1) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THE HOME-ARP PROGRAM FUNDS; (2) SUBMIT THE ONE-YEAR ACTION PLAN TO HUD; (3) MAKE SUBSTANTIAL CHANGES TO THE ONE-YEAR ACTION PLAN; AND (4) SUBMIT THE REVISED ACTION PLAN; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS FOR SUB-RECIPIENTS OF HOME-ARP PROGRAM FUNDS AND INTERDEPARTMENTAL AGREEMENTS FOR RECIPIENTS OF HOME-ARP PROGRAM FUNDS. RECOMMENDATION The Administration recommends approving the Resolution. ;. BACKGROUND/HISTORY �. The Five-Year Consolidated Plan is a federal requirement for all U.S. Department of Housing and Urban Development (HUD) entitlement cities. The City of Miami Beach is a HUD- designated entitlement city as determined by the decennial census information on population growth lag, over-crowding, age of housing stock, and poverty. The City of Miami Beach has been a Community Development Block Grant(CDBG)entitlement community since 1975. The HOME Program was started in 1992 to provide funding specifically for affordable housing. As an entitlement community, the City automatically qualifies for an annuaioailocation of federal funding under HUD's grant programs. HUD requires each entitlement community to submit an annual One-Year Action Plan describing how it will utilize funding and resources to address priority needs identified in the City's Consolidated Plan. The One-Year Action Plan is a component of the Five Year Consolidated Plan filed with HUD. Page 325 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 for the HOME Investment Partnerships Program ("HOME-ARP") into law, which provides funding to address the'continued impact of the COVI0-19 pandemic on the economy, public health, State and local governments, individuals, and businesses. On September 22, 2021, the local HUD field office notified the City of its HOME-ARP allocation of $2,245,387. The funds must be expended by September 30,2030 on eligible activities to address the need for homelessness and supportive services, as described in the One-Year Action Plan for FY 21. The disbursement of funds is contingent upon the City's submission of the HOME-ARP allocation plan and part of the amended.One-Year Action Plan for FY 21 and the execution of the HOME ARP grant agreement. The City advertised a Notice of a 30-day public comment period (November 8,2021 — December 8, 2021)with a public hearing on November 16,2021,for the substantial amendment to the One-Year Action Plan for FY 21 including the HOME-ARP funds. HOME-ARP funds must be used to primarily benefit qualifying populations through four eligible activities: (1)development and support of affordable housing; (2)tenant-based rental assistance (TBRA); (3) provision of supportive services; and (4) acquisition and development of non- { congregate shelter units.The HOME-ARP allocation plan must describe how the City intends to distribute HOME-ARP funds, including how it will use these funds to address the needs of qualifying populations as determined in the consultation process, a community needs assessment,and the gap analysis of current housing and shelter inventory. ANALYSIS The City conducted a consultation process with various providers within the Miami-Dade County Homeless Continuum of Care Program, designed to assist individuals (including unaccompanied youth) and families experiencing homelessness and to provide the services needed to help such individuals moveminto transitional and permanent housing, with the goal of long-term stability. The City's main goal of the consultation process was to obtain information on the current service gaps and needs for the qualifying populations defined in HOME-ARP guidelines. Exhibit A demonstrates the data gathered during the consultation process and the needs analysis. Based on the information obtained, the City formulated a proposal for funding activities. , Below is a summary of the proposed Allocation Plan: NOME-ARP Allocation Plan Recommendations Program Administration $336,808.05 15% Rental Housing (acquisition,construction $1,400,000,, 62% and rehabilitation) Supportive Services - $396,309.60 18% Non-Profit $112,269.35 5% Capacity Building TOTAL $2,245,387.00 100% ? HOME-ARP funds allow Participating Jurisdictions to allocate fifteen(15)percent of the award amount to planning and administration. Up to five (5) percent of funds can be allocated to non- profit capacity building. ' Page 326 of°1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 The Administration will issue a Request for Proposals on January 24,2022, to obtain applications from qualified providers interested in providing services aligned with the HOME- ARP Allocation Plan. SUPPORTING SURVEY DATA Not applicable. CONCLUSION The Administration recommends approval of a substantial amendment to the One-Year Action Plan for FY21/22 and the approval of the HOME-ARP Allocation Plan. Applicable Area Not Applicable Is this a"Residents Right Does this item utilize G.O. to Know"item. pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Mobility-Support affordable, compatible workforce housing. Legislative Tracking Housing and Community Services ATTACHMENTS: Description ❑ Resolution ❑ Exhibit A- HOME ARP Allocation Plan Page 327 of 1313 A DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 HOME-ARP Allocation Plan Template Guidance • To receive its HOME-ARP allocation,a PJ must: o Engage in consultation with at least the required organizations; o Provide for public participation including a 15-day public comment period and one public hearing, at a minimum; and, o. Develop a plan that meets the requirements in the HOME-ARP Notice. • To submit: a PJ must upload a Microsoft Word or PDF version of the plan in IDIS as an attachment next to the"HOME-ARP allocation plan"option on either the AD-26 screen (for PJs whose FY 2021 annual action plan is a Year 2-5 annual action plan)or the AD-25 screen(for PJs whose FY 2021 annual action plan is a Year 1 annual action plan that is part of the 2021 consolidated plan). • PJs must also submit an SF-424, SF-424B,and SF-424D, and the following certifications as an attachment on either the AD-26 or AD-25 screen,as applicable: o Affirmatively Further Fair Housing; o Uniform Relocation Assistance and Real Property Acquisition Policies Act and Anti-displacement and Relocation Assistance Plan; o Anti-Lobbying; o Authority of Jurisdiction; o Section 3;and, o HOME-ARP specific certification. Participating Jurisdiction: City of Miami Beach Date: Click to enter a date. Consultation Before developing its plan,a PJ must consult with the CoC(s)serving the jurisdiction's geographic area,homeless and domestic violence service providers,veterans' groups, public housing agencies (PHAs),public agencies that address the needs of the qualifying populations, and public or private organizations that address fair housing, civil rights,and the needs of persons with disabilities, at a minimum. State PJs are not required to consult with every PHA or CoC within the state's boundaries; however, local PJs must consult with all PHAs (including statewide or regional PHAs)and CoCs serving the jurisdiction. Summarize the consultation process: The City held various meetings with service providers in the Continuum of Care,to determine the current service needs in the community and the approximate funding required. The City also held a meeting with the Housing Authority of the City of Miami Beach to discuss the service gaps in voucher programs and subsidized housing programs. - 1 Page 330 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 List the organizations consulted, and summarize the feedback received from these entities. Agency/Org Type of - Method of • Consulted Agency/Org ! Consultation Feedback Homeless Trust ; Continuum of Virtual Meeting } The Homeless Trust informed the Care ; City of their pending housing projects for qualifying populations. Legal Services of Legal Services Virtual Meeting Legal Services of Greater Miami Greater Miami i provided a proposal for supportive services to address the service gaps for households at-risk of homelessness. Miami Beach ' Non-profit Virtual Meeting ' Miami Beach Community Community j housing i Development Corporation provided a Development provider I t request for funding to preserve the Corporation ! agency's capacity as a housing provider. (Lotus House I Domestic j Virtual Meeting The Lotus House expressed interest Shelter ` Violence f in submitting a proposal for funds. Provider ' ; The organization provided j information on the need for services for the population served by their agent'. 's Housing Public Housing Virtual Meeting 1-The organization is interested in Authority of Authority i submitting an application for City of Miami ' acquisition and rehabilitation of Beach ! housing for low-income residents. A needs analysis was also provided to explain the current funding gaps. Agency Name. -Type of Method of t Feedback. Agency/Org. Consultation. Agency Name. Type of I Method of Feedback. Agency/Org. Consultation. Agency Name. ; Type of Method of Feedback. Agency/Org. Consultation. If additional space is needed, insert image of table here: Public Participation 2 Page 331 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 PJs must provide for and encourage citizen participation in the development o.f the HOME-ARP allocation plan. Before submission of the plan,PJs must provide residents with reasonable notice and an opportunity to comment on the proposed HOME-ARP allocation plan of no less than 15 calendar days. The PJ must follow its adopted requirements for"reasonable notice and an opportunity to comment" for plan amendments in its current citizen participation plan. In addition,PJs must hold at least one public hearing during the development of the HOME-ARP allocation plan and prior to submission. For the purposes of HOME-ARP, PJs are required to make the following information available to the public: • The amount of HOME-ARP the PJ will receive, • The range of activities the PJ may undertake. Describe the public participation process, including information about and the dates of the public comment period and public hearing(s)held during the development of the plan: • Public comment period:start date-11/8/2021 end date—12/8/2021 • Public hearing: 11/16/2021 The City did not receive public comments regarding the allocation of HOME-ARP funds. Describe any efforts to broaden public participation: The public hearing was held on November 16 during the Affordable Housing Advisory Committee meeting, which is advertised by the Office of the City Clerk. The public hearing was also advertised in the Miami Herald and the City's website. A PJ must consider any comments or views of residents received in writing, or orally at a public hearing,when preparing the HOME-ARP allocation plan. Summarize the comments and recommendations received through the public participation process: The City did not receive comments or recommendations throughout the public participation process. Summarize any comments or recommendations not accepted and state the reasons why: Not applicable. Needs Assessment and Gaps Analysis PJs must evaluate the size and demographic composition of qualifying populations within its boundaries and assess the unmet needs of those populations. In addition, a PJ must identify any gaps within its current shelter and housing inventory as well as the service delivery system. A PJ should use current data, including point in time count, housing inventory count,or other data 3 Page 332 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 j available through CoCs, and consultations with service providers to quantify the individuals and families in the qualifying populations and their need for additional housing,shelter,or services. The PJ may use the optional tables provided below and/or attach additional data tables to this template. • Page 333 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9FIE-70CB22F61925 OPTIONAL Homeless Needs Inventory and Gap Analysis Table Homeless Current Inventory Homeless Population Gap Analysis Family Adults Only Vets: Family Adult Family Adults Only #of #of #of #of #of leastl (at w/ Vets, Victims #of #of #of #of Beds Units Beds Units Beds child) child Beds Units Beds Units Emergency 47 # 47 # # Shelter Transitional 0 # 22 # # Housin: Permanent Supportive 0 tt 48 # # Housin Other Permanent Housin: # # # # Sheltered Homeless # # # Unsheltered # 183 # # Homeless Current Gap ft tt it It Suggested Data Sources: 1.Point in Time Count(PIT);2.Continuum of Care Housing Inventory Count(HIC);3.Consultation OPTIONAL Housing Needs Inventory and Gap Analysis Table Non-Homeless Current Inventory Level of Need Gap Analysis #of Units #of Households ' #of Households Total Rental Units 2,047 Rental Units Affordable to HH at 30% 76 AMI(At-Risk of Homelessness) Rental Units Affordable to HH at 50% 118 AMI(Other Populations) 0%-30%AMI Renter HH w/1 or more severe housing problems 4,454 (At-Risk of Homelessness) 30%-50%AMI Renter HH w/ I or more severe housing problems 4,120 (Other Populations) Current Gaps 6,333 Suggested Data Sources: I.American Community Survey(ACS);2.Comprehensive Housing Affordability Strategy(CHAS) 5 Page 334 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61 925 Describe the size and demographic composition of qualifying populations within the PJ's boundaries: The City's overall population is 90,108. According to the Shimberg Center for Housing Studies, 9.5% of the population are renters that are severely cost-burdened. The City's overall vision of providing neighborhoods with affordable, safe and decent housing continues to be the long-term goal that requires a diverse collaboration with local CHDOs,community partners,foundations and others. Barriers that continue to inhibit our ability to complete our long-term goals include: • Limited funding and the high cost of real estate values in the City of Miami Beach; • The average sales price for a single-family home was $3,769,336 in 2020. The median sales price that year was $1,769,250, compared to a median sales price of $402,000 in Miami-Dade County (Produced by Florida REALTORS®with data provided by Florida's multiple listing services).The median sales price for condominiums in 2020 was$329,000, compared to $264,000 in Miami-Dade County (Produced by Florida REALTORS® with data provided by Florida's multiple listing services.); • Limited long-term, community-based residential options with supportive services for those who need help with daily living activities, housekeeping, self-care, social services and other assistance; • An absence of community development partners and CHDOs with the capacity to develop affordable housing in the City within defined timeframes; • Inability of program recipients to acquire gap funding from additional financial sources for construction and rehabilitation projects; and • Limited number of properties with multiple bedrooms to serve larger families. Based on the limitations listed above,the access to affordable units continues to become increasingly challenging. Describe the unmet housing and service needs of qualifying populations,including but not limited to: • Sheltered and unsheltered homeless populations; • Those currently housed populations at risk of homelessness; • Other families requiring services or housing assistance or to prevent homelessness; and, • Those at greatest risk of housing instability or in unstable housing situations: The City has calculated that renter 6,333 households are cost-burdened and at-risk of homelessness. In 2020 and 2021, there was a considerable loss of affordable units throughout the City, forcing residents to relocate outside of City limits. There are an estimated 3,073 Housing Choice Vouchers available throughout the City, however, only 2,566 are being utilized. Voucher 6 Page 335 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 recipients are experiencing great difficulties locating units within the voucher's price range and are forced to look outside of city limits. The 2021 Miami-Dade County Community Homeless Plan, prioritizes Seniors and persons identified by the CDC at high risk of death during a pandemic for permanent housing, in addition to persons fleeing domestic violence; human and sex trafficking;youth, families and veterans. Identify and consider the current resources available to assist qualifying populations, including congregate and non-congregate shelter units,supportive services, TBRA, and affordable and permanent supportive rental housing: Currently, the City provides funding for the following service activities: Congregate Shelter Units: 47 beds contracted through various shelter providers Supportive Services: CDBG currently funds public services for elderly and households at-risk of homelessness TBRA: CDBG and General funds for a maximum six months for rent/mortgage and utility assistance Affordable and Permanent Supportive Rental Housing: FY 21 HOME and CDBG funds have been allocated to affordable housing capital projects and homeowner assistance. Identify any gaps within the current shelter and housing inventory as well as the service delivery system: Currently,there is only one zero-bedroom apartment available for fair market rent. The City is continuously trying to assess resources to fund the rehabilitation or development of affordable housing. Identify the characteristics of housing associated with instability and an increased risk of homelessness if the PJ will include such conditions in its definition of"other populations"as established in the HOME ARP Notice: The following characteristics of housing associated with instability, as defined in Section IV.A.4.2.ii.G.of the Notice,will be utilized when assisting"other populations": (ii)has annual income that is less than or equal to 50%of the area median income,as determined by HUD,AND meets one of the following conditions from paragraph(iii)of the"At risk of homelessness" definition established at 24 CFR 91.5: (A)Has moved because of economic reasons two or more times during the 60 days immediately preceding the application for homelessness prevention assistance;(B) Is living in the home of another because of economic hardship; (C)Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance. Identify priority needs for qualifying populations: Elderly and disabled. 7 Page 336 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Explain how the level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined: Various service agencies within the Continuum of Care provided data. HOME-ARP Activities Describe the method for soliciting applications for funding and/or selecting developers,service providers,•subrecipients and/or contractors and whether the PJ will administer eligible activities directly: The City will be issuing a Request for Proposal on January 24,2022 to receive solicitations from providers. If any portion of the PJ's HOME ARP administrative funds were provided to a subrecipient or contractor prior to HUD's acceptance of the HOME ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ's entire HOME ARP grant,identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ's HOME-ARP program: Not applicable. PJs must indicate the amount of HOME-ARP funding that is planned for each eligible HOME- ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME-ARP limits. The following table may be used to meet this requirement. Use of HOME-ARP Funding Funding Amount Percent of the Statutory Grant Limit Supportive Services $396,309.60 Acquisition and Development of Non- $0 Congregate Shelters Tenant Based Rental Assistance(TBRA) $0 Development of Affordable Rental Housing S 1,400,000 Non-Profit Operating $0 i% 5% Non-Profit Capacity Building $ 112,269.35 5% 5% Administration and Planning $336,808.05 15 % 15% Total HOME ARP Allocation $2,245,387.00 Additional narrative,if applicable: Enter narrative response here. 8 Page 337 of 1313 • DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Describe how the characteristics of the shelter and housing inventory,service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities: Although the development of affordable rental housing is the greatest need in the community, the City also recognizes that service providers are struggling with capacity building and service delivery to qualifying populations. Therefore,the City is proposing the allocation mentioned above to supportive services and non-profit capacity building.The service categories will be finalized once the City reviews all solicitations and proposals to determine the most viable methods of expending funds. HOME-ARP Production Housing Goals Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME ARP allocation: The City estimates that 20 affordable housing units will be acquired and/or preserved. Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how it will address the PJ's priority needs: The City hopes to continue allocate all available resources to the creation, retention and development of affordable housing for qualifying populations. Preferences Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: • Preferences cannot violate any applicable fair housing,civil rights,and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). • PJs are not required to describe specific projects to which the preferences will apply. The City will not give preference to a specific qualifying population. If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or category of qualifying population, consistent with the PJ's needs assessment and gap analysis: Not applicable. If a preference was identified, describe how the PJ will use HOME-ARP funds to address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the preference: Not applicable. 9 Page 338 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 HOME-ARP Refinancing Guidelines If the PJ intends to use HOME-ARP funds to refinance existing debt secured by multifamily rental housing that is being rehabilitated with HOME-ARP funds,the PJ must state its HOME- ARP refinancing guidelines in accordance with 24 CFR 92.206(b). The guidelines must describe the conditions under with the PJ will refinance existing debt for a HOME-ARP rental project, including: • Establish a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing to demonstrate that rehabilitation of HOME ARP rental housing is the primary eligible activity The City does not plan to use HOME-ARP funds to refinance existing debt. • Require a review of management practices to demonstrate that disinvestment in the property has not occurred;that the long-term needs of the project can be met;and that the feasibility of serving qualified populations for the minimum compliance period can be demonstrated. Not Applicable. • State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. The City seeks proposals to acquire,construct or rehabilitate existing affordable housing units. • Specify the required compliance period, whether it is the minimum 15 years or longer. The required compliance period will be 30 years for rental housing. • State that HOME-ARP funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. HOME-ARP funds cannot be used to refinance multifamily loans. This has been stipulated in the Program Policies and Procedures. • Other requirements in the PJ's guidelines, if applicable: Enter narrative response here. 10 Page 339 of 1313 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 RESOLUTION NO.1 2022-32393 ' A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEGAL SERVICES OF GREATER MIAMI, INC., AS SUB-RECIPIENT OF THE FY 22 HOME ARP • . FUNDS, IN THE AMOUNT OF $230,667.00, FOR THE FOLLOWING SUPPORTIVE SERVICES: (1) $46,866.00 FOR THE NORTH BEACH HOMELESS PREVENTION 'PROGRAM; AND (2) $183,801.00 FOR THE EVICTION DEFENSE PROJECT, TO PROVIDE ASSISTANCE TO CITY RESIDENTS WHO MAY BE AT RISK OF BECOMING HOMELESS. • WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) grant funds for the Community Development Block Grant (CDBG), and HOME Investment Partnership programs (HOME), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing.and community development activities; and WHEREAS, on September 22, 2021, the City received notification from the U.S. Department of Housing and Urban Development (HUD), that the City had been awarded the total sum of$2,245,387.00 in HOME-American Rescue Plan ("HOME-ARP")funds; and WHEREAS, on January 20, 2022, the Mayor and City Commission adopted Resolution No. 2022-31979, approving a substantial amendment to the City's FY 21 One-Year Action Plan, to include the following HOME-ARP funding activities: 1) Rental Housing ($1,400,000.00), 2) Supportive Services($396,309.25), and 3) Non-profit capacity building ($112,269.35); and • WHEREAS, on January 24, 2022, the City issued a Request for Proposals (RFP) for CDBG, HOME and HOME-ARP program funds; and WHEREAS, the resulting HOME-ARP recommendations for Supportive Services were as follows: $46,866.00 for the Legal Services of Greater Miami - North Beach Homeless Prevention Program and $183,801.00 for the Legal Services of Greater Miami - Eviction Defense project; and WHEREAS, on June 22, 2022, the City Commission adopted Resolution No. 2022 • - 32188, approving the One-Year Action Plan for Federal Funds for FY22, which included providing HOME-ARP funds in the amount of $46,866.00 for the North Beach Homeless Prevention Project and $183,801.00 for the Miami Beach Eviction Defense Project, to be provided by Legal Services of Greater Miami, Inc., as the Sub-Recipient for the Supportive Services program category; and WHEREAS, on September 15, 2022, the City executed an agreement with HUD for the purpose of providing homelessness assistance, including the Supportive Services program, with federal financial assistance under the HOME-ARP Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and..authorize the City Manager to execute an agreement with Legal Services of Greater Miami, Inc., as sub-recipient of the FY 22 HOME ARP funds, in the amount of $230,667.00, for the following Supportive Services: (1) $46,866.00 for the North Beach Homeless Prevention Program; and (2)$183,801.00 for the Eviction Defense Project, to provide assistance to City residents who may be at risk of becoming homeless. DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 • PASSED and ADOPTED this /6 day of '""14(`41 , 2022. ATTEST: DAN GELBER, MAYOR /. RAFAE E.GRA ADO, CITY CLERK 14Yzusy NOV I .7.202a = UCORP � ORATED. (Sponsored by Vice Mayor Alex J. Fernandez) y4 :g • • • • • • • • APPROVED AS TO FORM&LANGUAGE r,r3.22_,CECUTION I1'`1^" Z2 City Attorney Date DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-700822F61925 Resolutions-C7 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: November 16,2022 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LEGAL SERVICES OF GREATER MIAMI, INC., AS SUB-RECIPIENT OF THE FY 22 HOME ARP FUNDS, IN THE AMOUNT OF $230,667.00, FOR THE FOLLOWING SUPPORTIVE SERVICES: (1) $46,866.00 FOR THE NORTH BEACH HOMELESS PREVENTION PROGRAM; AND (2) $183,801.00 FOR THE EVICTION DEFENSE. PROJECT, TO PROVIDE ASSISTANCE TO CITY RESIDENTS WHO MAY BE AT RISK OF BECOMING HOMELESS. RECOMMENDATION The.Administration recommends approving the Resolution. BACKGROUND/HISTORY On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) for the HOME Investment Partnerships Program(HOME) into law, which provides funding to address the • continued impact of the COVID-19 pandemic on the economy, public health, State and local governments,individuals,and businesses: To address the need for homelessness assistance and supportive services,the City of Miami Beach has been awarded $2,245,387 in ARP funds to be administered through HOME to perform activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness,or in other vulnerable populations. As an entitlement community, the City automatically qualifies for an annual allocation of federal funding under HUD's grant programs. HUD requires each entitlement community to submit an annual One-Year Action Plan describing how it will utilize funding and resources to address priority needs identified in the City's Consolidated Plan. The One-Year Action Plan is a component of the Five-Year Consolidated Plan filed with HUD.The City submitted its FY 2022 Action Plan to HUD on July 11,2022. As a participating jurisdiction eligible to receive HOME-ARP funds, the City is required to submit a HOME-ARP Allocation Plan. The HOME-ARP Allocation Plan describes how we intend to distribute the HOME-ARP funds, including how the use of these funds will address the needs of the HOME- ARP qualifying population. On January 20,2022,.the Mayor and Commission approved resolution Page 517 of 1416 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 2022-31979 approving the HOME-ARP Allocation Plan as follows: HOME-ARP Funds Total HOME-ARP Allocation $2,245,387.00 Administrative allowance(15%) $336,808.05 Rental Housing $1,400,000 • Supportive.Services $396,309.60 Non-Profit Capacity Building $112,269.35 On January 24, 2022, the Administration issued a Request for Proposals (RFP)for CDBG, HOME and HOME-ARP funds. The submission deadline was February 23, 2022. To ensure clarification and proactively address questions relating to the completion and submission of the application,a pre- submission meeting was held on February 2,2022 to review the RFP with prospective applicants. On April 21, 2022,the Administration received a proposal from Legal Services of Greater Miami, Inc. to increase housing stability for low to moderate-income households on Miami Beach, an initiative sponsored by \lce-Mayor Fernandez After several discussions, it was determined that the project would be eligible for HOME-ARP support services,as the target population would be households at- risk of homelessness. ANALYSIS The Administration recommends the following allocation summary: The City received two applications for supportive services and one application for rental housing. The Administration is recommending funding all applications as follows: Beneficiaries Total Funding Affordable Housing Housing Authority of the City of Miami Beach-The 20 $1,400,000.00 Heron Supportive Services Legal Services of Greater Miami-North Beach 60 $46,866.00 Homeless Prevention Legal Services of Greater Miami-Eviction Defense 340 $183,801.00 Project Below is a summary of each project recommended for HOME-ARP funding: Legal Services of Greater The North Beach Homelessness Prevention Project will assist Miami-North Beach individuals and households who are homeless, at risk of Homeless Prevention homelessness,and other vulnerable populations, by providing direct legal services to remove barriers to housing access and stability and reduce homelessness in the City of Miami Beach,with a focus on North Beach(zip code 33141). Legal Services of Greater This program will assist low to moderate-income individuals citywide Miami-Eviction Defense by providing legal assistance to (1) tenants in private, public, and Project subsidized housing who are behind on rent and at risk of eviction Page 518 of 1416 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 and (2) tenants living in public housing who are behind on their ,utilities and are at risk of losing their subsidized housing. Services will include assistance with public benefits, tax controversies, and consumer issues. In response to the deepening housing crisis this program will provide services citywide,with a focus on tenants'rights and eviction defense and will place Legal Services staff in the community to conduct intake and client education for greater client access.Services will be available to Miami Beach residents. On June 22,2022,the Mayor and Commission approved resolution 2022-32188 adopting the City's One-Year Action Plan which induded the budget for the above HOME-ARP funds. Legal Services of Greater Miami will work collaboratively with the Administration to promote both programs through various outreach events and distribution of information through our Office of Community Services. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION Allocation of HOME ARP funding in the amount of $46,866 for the North Beach Homeless Prevention Program and$183,801 for the Eviction Defense Project. Amount(s)IAccount(s): $ 46,866.00-175-0530-000345-00-404-534-00-00-00-59422 $183,801.00- 175-0530-000345-00-404-534-00-00-00-59522 CONCLUSION The Administration recommends approval of the FY 2022 HOME-ARP funding allocation for the Legal Services of Greater Miami. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O‘ to Know"item,pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Non-Applicable Legislative Tracking Housing and Community Services Sponsor • Vice-Mayor Alex Fernandez Page 519 of 1416 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 ATTACHMENTS: Description o Resolution • Page 520 of 1416 DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 MI AM I B Ei\ H Contract/Document.Routing Form Contract No. Title N/A HOME American Rescue Plan(ARP)Miami Beach Homeless Prevention Project Contractor Re•uestin: De•artment Legal Services of Greater Miami,Inc. Office of Housing and Community Services tiy. Department @ irector NN�a1�e i nature&Date ACM Name Signatur-3.Date • Dr.Alba Torre ma. 4 ID 12/21/2022 I 8:06 efeS villiams IA' I Marcela Rub o'4iAoi"FAFIWa°'Tarre /p ? Ja Document •e Select One Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement x Type 5—Grant agreements with the City as the grantor Type 8—Other: Summa &Pur.ose This HOME-ARP Agreement between the City of Miami Beach and the Legal Services of Greater Miami,Inc.is for the North Beach Homeless Prevention Project for$46,866.This program will assist individuals and households who are homeless,at risk of homelessness,and other vulnerable populations, by providing direct legal services to remove barriers to housing access and stability and reduce homelessness in the City of Miami Beach,with a focus on North Beach(zip code 33141).The terms of this agreement are from the execution date through September 30,2023. On January 20,2022,City Commission adopted Resolution 2022-31979,approving a substantial amendment to the City's One- Year Action Plan, including the HOME-ARP funding activities designated to assist persons at-risk of homelessness. The Department issued a Request for Proposals(RFP)for CDBG,HOME,and HOME-ARP program funds.Legal Services of Greater Miami,Inc.submitted a proposal for the North Beach Homeless Prevention Project.On November 16,2022,Commissioner Fernandez sponsored Resolution No.2022-32393 to approve funding the program. Ori:inalTerm Renewal,Periods _ Total Term Ori:inal+Renewals Execution Date—September 30,2023 None One(1)year Fundin: Information Grant Funded: x I Yes No State x Federal Other: Cost&Fundin:Source Year Annual Cost Account Re.wire Enhancement 1 $46,866.00 175-0530-000345-00-404-534-00-00-00-59422 _ Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. Authorit .to Si:n City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2022-31979 C7—Resolutions M 01/20/2022 2022-32393 C7—Resolutions F 11/16/2022 If no,explain why CC approval is not required: Legal Form Approved` X Yes No If no,explain below why form approval is not necessary: DocuSign Envelope ID:EF524F76-9EEF-4516-9F1 E-70CB22F61925 Corn.liance A..royals see attached Procurement: Grants: Budget: Information Technology: Risk Management: Fleet&Facilities: Human Resources: Other: DocuSign Envelope ID:EF524F76-9EEF-4516-9F1E-70CB22F61925 Instructions for Completing&Routing Contract Coversheet 1. Every field must be completed.If the requested information is not applicable,enter N/A. 2. It is advisable to confirm the authority to sign,funding/account information, risk management compliance, and controlled purchases(IT or Fleet/Facilities)with the appropriate Department prior to routing a document. 3. Attach all supporting documentation(e.g.,resolutions,commission memorandums,etc.)when routing. 4. When creating the workflow in DocuSign,in addition to the department head and applicable assistant/deputy city manager,make sure the individuals(or designees)indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to the ACM. 5. The City Manager does not need to sign the coversheet. 6. If you have any questions,contact the Procurement Department. Required Compliance Approvals When routing documents for approval by the city manager,in addition to the department head and applicable city manager, make sure the following individuals (or designees)are included in the approval path depending on each contract type. Type 1—Contract, amendment, or task order for the purchase of goods or services resulting from a competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart) • Grants(Judy Hoanshelt)—if the purchase is grant-funded • Controlled purchases— o Facilities.and Fleet(Adrian Morales)—if the purchase involves a"facilities"or"vehicle"item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 2—Other contract or amendment for the purchase of goods or services not resulting from a procurement- issued competitive solicitation. • Procurement(Alex Denis) • Budget(Tameka Otto Stewart). • Risk Management(Marc Chvalier) • Grants(Judy Hoanshelt)—if the purchase is grant-funded • Controlled purchases— o Facilities and Fleet(Adrian Morales)—if the purchase involves a"facilities"or"vehicle"item o Information Technology(Frank Quintana)—if the purchase involves a technology item Type 3—Independent Contractor Agreements • Human Resources Director(Marla Alpizar) Type 4—Grant agreements when City recipient • Grants(Judy Hoanshelt) Type 5—Grant agreements when City grantor • As appropriate,depending on grant type Type 6—Tenant agreements • Facilities and Fleet(Adrian Morales) Type 7—Inter-governmental agency agreement • City Manager's Office(Marcia Montserrat) Any other type:Contact the Procurement Department for assistance. Delete this page before routing the coversheet.