Amendment 2 to Agreement Between Legal Services of Greater Miami, INC and City of Miami Beach •
DocuSign Envelope ID:3AC35209-9AED-4898-90C5-09E4E4DF3F9E
2 02Z -3 23 q3
•
AMENDMENT NO. 2
TO
HOME AMERICAN RESCUE PLAN PROGRAM AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
LEGAL SERVICES OF GREATER MIAMI, INC.
This Amendment No. 2 ("Amendment") to the Home American Rescue Plan Agreement,
dated December 29, 2022 ("Agreement"), by and between the CITY OF MIAMI BEACH, FLORIDA, a
Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, (hereinafter referred to as"City"), and LEGAL SERVICES OF GREATER MIAMI, INC., a
Florida not-for profit corporation, having its principal office at 4343 W Flagler Street Suite 100, Miami, FL .
33134(hereinafter referred to as "Sub-Recipient")is entered into this day of 2024.
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 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 he One-Year Action Plan for Federal Funds for FY22,providing HOME-ARP funds in the amount
of One Hundred Eighty-Three Thousand Eight Hundred One dollars ($183,801) for The Miami Beach
Eviction Defense 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
purposes of conducting homelessness assistance and supportive services program with federal financial
assistance under the HOME-ARP Program; and
WHEREAS, Amendment No. 1, executed on September 14, 2023, modified the budget to
adjust the personnel allocation for the project and extended the Agreement term to September 30, 2024,
to facilitate fund expenditure while continuing the provision of project services;and
WHEREAS, the Sub-recipient is requesting to extend the term of the Agreement to March
31, 2025 to allow time to expend the funds, in addition to a budget modification to adjust the level of
personnel assigned to the project, as more particularly described in the amended Budget, attached hereto,
which will replace the existing Exhibit C (Budget).
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and
Sub-Recipient agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
1
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2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck-t#feugh and inserted items underlined)
as follows:
(a) Exhibit"C"entitled"Budget" is hereby deleted in its entirety and replaced with the attached
Exhibit"C".
(b) Section 10:
Term: This Agreement shall commence on the date of the last signature executing the
Agreement and shall terminate on September 30, 2024 March 31, 2025 (the Term), with the
understanding that at the end of the Term, the City Commission has the authority to
reappropriate any remaining unused Funds.
[SIGNATURE PAGE TO FOLLOW]
2
DocuSign Envelope ID:3AC35209-9AED-4898-90C5-09E4E4DF3F9E
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized officials on the day and date first above indicated.
LEGAL SERVICES OF GREATER MIAMI,INC.
a Florida not-for-profit corporation
L
p-DoeuSigned by:
ya IONA U ketA ita, v ua s—Ptfatn.
ZQet11ogger4,6... `ti.., 4EAGAQ5144E3...
Aryaooaa Attari Li .J7�
Monica Viques-Pitan, Director
Print Name Print Name and Title
5/21/2024 15:07 PM PDT
Date
CITY OF MIAMI BEACH,FLORIDA
a Florida municipal corporation
ATTEST: •
) h•Signature °�U t� 2024 Signature
Rafael E.Granado, City Clerk Rickelle Williams, Interim City Manager
Print Name JUN 0 6 2024, Print Name
Date
• APPROVED AS TO
IHCORP ORATED•' FORM &LANGUAGE
q'c ....
Z,,'�= &FOR EXECUTION
.
osleoloY
)) City Attorney Date
3
DocuSign Envelope ID:3AC35209-9AED-4898-90C5-09E4E4DF3F9E
EXHIBIT "C"
"Budget"
M I A M I B E A C H HOME-ARP FY2021
Project Budget
Miami Beach Tenant Eviction
Sub-Recipient Legal Services of Greater Miami,Inc. Project Defense Project
Please list all items that will be reimbursed by the Co of Miami Beach.
Personnel(Employees Only)-List Position Title
Attorney t S • 5 -
Legal Specialist S 26.075 00 S 26.075 00
Senior Attorney S 10.533-00 S 10.533 00
Senior Attorney II S 8.107 00 S 8.107 00
Attorney Pool S 80.301 00 $ 80,301 00
Seaetary Pool S 1 136.00 S 1 136 00
Intake Pool S 1.103.00 S t 103 00
Spantsti Translator S - S
Administrative Support S 14 697 00 S 14 697 00
Benefits _ S 27,040.00 S 27.04000
S 168.992.00 S 168.992 00
Operating Expenses-Category Totals
Training S 2.030 00 S 2.030 00
Travel 5 1.353.00 S 1.353 00
Space 8.Utilities;f lainl _ 5 10,073 00 S 10.073 00
Operating Expenses-Category Totals S 13,456.00 S 13.456.00
CapitaltEquipment Costs
S
CapitaluEqufpment Costs•Category Totals S •
Professional Services
Litigation S 1.353 00 S 1 353 00
Professional Services-Category Totals 1.353 00
Other Costs
Other�Co}s�tssCattegory Totals S
IiiitliiiYMiil ■-- 5 183,801 00
4
•
DocuSign Envelope ID:1A79D171-FB31-407D-8687-32FC6FD24F2C 2—v 22-323 b3
AMENDMENT NO.1
TO
HOME AMERICAN RESCUE PLAN PROGRAM AGREEMENT
BETWEEN
CITY OF MIAMI BEACH
AND
LEGAL SERVICES OF GREATER MIAMI,INC. SEP I 4 2023
This Amendment No. 1 ("Amendment") to the Home American Rescue Plan Agreement,
dated December 29, 2022 ("Agreement"), by and between the CITY OF MIAMI BEACH, FLORIDA, a
Florida municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida,33139,(hereinafter referred to as"City"),and LEGAL SERVICES OF GREATER MIAMI,INC., a
Florida not-for profit corporation, having its principal office at 4343 W Fla ler Stree .Suite 100, Miami, FL
33134(hereinafter referred to as"Sub-Recipient")is entered into this l L day of ' 9T. 2023.
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 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 he One-Year Action Plan for Federal Funds for FY22,providing HOME-ARP funds in the amount
of One Hundred Eighty-Three Thousand Eight Hundred One dollars ($183,801) for The Miami Beach
Eviction Defense 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
purposes of conducting homelessness assistance and supportive services program with federal financial
assistance under the HOME-ARP Program;and
WHEREAS, the Sub-Recipient requested a modification to modify the level of personnel
assigned to the project,as more particularly described in the amended Budget,attached hereto,which will
replace the existing Exhibit C(Budget)to the Agreement.
WHEREAS,the Sub-Recipient requested a modification to extend the term of the Agreement
to September 30, 2024 to allow time to expend the funds by continuing to provide project services.
NOW,THEREFORE, in consideration of the mutual benefits contained herein, the City and
Sub-Recipient agree to amend the Agreement as follows:
1
DocuSign Envelope ID:1A79D171-FB31-407D-8687-32FC6FD24F2C
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
•
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck-through and inserted items underlined)
as follows:
(a) Exhibit"C"entitled"Budget"is hereby deleted in its entirety and replaced with the attached
Exhibit"C".
(b) Section 10:
Term: This Agreement shall commence on the date of the last signature executing the
Agreement and shall terminate on September 30, 2023 September 30, 2024(the Term), with
the understanding that at the end of the Term, the City Commission has the authority to
reappropriate any remaining unused Funds.
[SIGNATURE PAGE TO FOLLOW)
2
DocuSign Envelope ID:1A79D171-FB31-407D-8687-32FC6FD24F2C
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized officials on the day and date first above indicated.
LEGAL SERVICES OF GREATER MIAMI,INC.
a Florida not-for-profit corporation
us�gx iby: OoeuSigned by:
C
Aiakixce, 0 ruica Utipt s—f ifavt.
9?BeeaDF406... EACA0tltl5144E3...
Christine Arscott IIUU�i
Monica Viques-Pitan,Director
Print Name Print Name and Title
8/31/2023 I 11:48 AM PDT
Date
CITY OF MIAMI BEACH,FLORIDA
a Florida municipal corporation
ATTEST: i
' t i kikreitAk
Signature Si• '- ure
Rafael E.Granado,City Clerk Alina T.Hudak, City Manager
Print Name Print Name
SEP I ii 2023
Date ---z-,'.R .;!.,,,
APPROVED AS TO """
FORM& LANGUAGE
&FOR EXECUTION
"City961dAXLVV-- 02611Z3
Attorney Wl Date '
ta
DocuSign Envelope ID: 1A79D171-FB31-407D-8687-32FC6FD24F2C
EXHIBIT "C"
"Budget"
plow-Ar /1( �, I B L.AC H Project
P rr2021
I`r ' (� Budget
Miami Beach tenant Esncteon
Sub-Recipient Legal Seances of Greater Miami,inc Project Defense Project
Please 8st all items that will be reimbursed by the Crty of Miami Beach
tine Item quantity Unit Cost Line Total
Personnel(Employees Only)-List Position Title
Attorney: S 23.22100 5 23,22100
Legal Specaist $ +5.551 00 S 15.551 00
Semo,Attorney $ 5 72d 00 5 5.728 00
Serra Attorney II $ 4.584 00 5 4.584 00
Attorney Pool $ 74,191 00 5 74 191 00
Secetary Pool $ 880 00 5 880 00
Intake Pool $ 355 00 $ 855 00
Spanish Trans'ator 5 5
Admut stratve Support 5 0.923 00 5 2 P23 00
Benefits $ 25.702 00 S 25.702 00
Personnel Expenses-Category Totals 8 150,833 00 S 150.833 00
Operating Expenses-Category Totals
Tra'ning S 3,',75 00 5 3.175 00
Travel $ 2.118 00 $ 2,118 00
Space 8 Uolities(Kam) $ 15.757 00 5 15.757 00
Operating Expenses-Category Totals $ 21 050 00 S 21.050 00
Capital/Equipment Costs
S •
Capit4llEquipment Costs-Category Totals S
Professional Services
Litton 5 2.118 00 $ 2.118 00
Piafessiorul Services-Category Totals S 2.118 00
Other Costs
Other,tosEs-CategoryTohEs S
Projeet Total-AD Categories S 183.801 00
4
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'Cit( 'City"); and the LEGAL SERVICES OF GREATER-illll--AMI;1NC.-;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 One Hundred Eighty-Three Thousand Eight Hundred One dollars ($183,801) for The Miami
Beach Eviction Defense 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:
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Miami Beach Tenant Eviction Defense Project
To provide assistance to low- income individuals win Miami Beach, Florida by providing
legal assistance to tenants in private, public and subsidized housing who are behind on
rent and-at risk-of-eviction-and-tenants-living-in-public-housing-who-are-behind-on utilities •
-
and at risk of losing subsidized housing.
Section 3. Agreement Amount: The City agrees to make available Home American Rescue Plan
Grant (HOME-ARP) funds, in the amount of ONE HUNDRED EIGHTY-THREE
THOUSAND EIGHT HUNDRED ONE DOLLARS ($183,801) 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
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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.
. _ ____ ._. .....Additionall_y,._Sub-Recipient.will comply.with_all State and local(City and.County).laws and. _. , .____ _
ordinances hereto applicable. It shall be the Sub-Recipients 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.G. 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
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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._.Su.b-Recipienx._
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
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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 lermin.ation, .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.
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• 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;
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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
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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 proiect 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 project.
(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 project 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:
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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--ederal -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
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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-Recipientshall_rnake av_ailable_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
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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.
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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
------- - -
a ditrorral insured with-resp-ecttu aliliabilitypolicies-(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 do EXIGIS
Insurance Compliance Services.
Waiver of Subrogation—Vendor agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However,this
provision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
Acceptability of Insurers—Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the
Florida Insurance Funds(i.e. FWCIGA, FAJUA). Carriers may also be considered if they
are licensed and authorized to do insurance business in the State of Florida.
Verification of Coverage—Contractor shall furnish the City with original certificates and
amendatory endorsements,or copies of the applicable insurance language,effecting
coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. However,failure to obtain the
required documents prior to the work beginning shall not waive the Contractor's
obligation to provide them. The City reserves the right to require complete,certified
copies of all required insurance policies, including endorsements,required by these
specifications,at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
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@riskworks.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.
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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 employed. The Sub-
Recipient covenants that it will comply with all provisions of 24 CFR§570.611 "Conflict of
Interest", and State, County, and City of Miami Beach statutes, regulations, ordinances,
or-resolutions-governing conflicts--of-interest:- The Sub-Recipient-shall disclose, in ----- -
writing, to the City any possible conflicting interest or apparent impropriety that is covered
by the above provisions. This disclosure shall occur immediately upon knowledge of
such possible conflict. The City will then render an opinion, which shall be binding on
both parties.
Section 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:
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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
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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: RAFAELGRANADO(c MIAMIBEACHFL.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
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with Sub-Recipient for cause, and City shall thereafter have or owe no further
obligation or liability to Sub-Recipient.
b.lf 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.lf 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]
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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: DocuSigned by:
OocuSigned Val& DY.re`tae" ll aacacnO. wea...
ry Signature
Arya Li
Monica Vioues-Pitan, Executive
Print Name Director Print Name and Title
12/14/2022 I 12:25 PM EST
Date
CITY OF MIA.:I BEACH, FLORIDA
a Florida municipal corporation
ATTEST - C°
%/�'°'1. �1� nor'
Sig ;:fture Signature
PATRICK D. CAMM
Raf erk Alina T. Hudak, City Manager
Print Name Print Name
DEC 2 9 202Z
Date
APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
;0(1I�z
,City Attorney _ Date
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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
FEU EIN Number: 59-1227481
Federal Award: FY 21/22 HOME-ARP Funds
Subaward Period of Agreement execution date—September 30, 2024
Performance:
Budget: $183,801 —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 30,2024
Deadline
At least sixty(60) percent of your allotted grant funds must be expended
Expenditure Deadline by June 30, 2024 as demonstrated by the total value of reimbursements
processed.
National Objective Low-income clientele: Qualifying Population
Project: Miami Beach Tenant Eviction Defense Project
Project Location: 4343 W. Flagler Street, Suite 100, Miami, FL 33134
Assist low to moderate-income individuals in Miami Beach, Florida, by
providing legal assistance to (1)tenants in private, public, and subsidized
Service: housing who are behind on rent and at risk of eviction and (2)tenants
living in public housing who are behind on their utilities and are at risk of
losing their subsidized housing.
3—Outreach and Education Events
Units of Service: 180 Intake Interviews
160 Cases
• Quarterly report of outreach events, including number of
attendees.
Deliverables: • Monthly report showing the number of intake interviews conducted
and number of referrals to other providers for assistance related to
housing stability.
• Monthly report showing the number of cases opened and closed.
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Requirements/Definitions:
7. 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
Tie area.The Davis-Bacon Act-directs"tyre-Department of Labar-to'determine such locally-prevailing —w• age 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.
Budget amendments that deviate from the original scope will be rejected and the funds in question
may be subject to recapture at the sole discretion of the City Manager.
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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
O 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
o Data Confidentiality Agreement
• 1-9 Verification on File
O 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
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
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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-his-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 9 - Accomplishments — The report will detail the demographics of the Project
beneficiaries regardless of the service being provided. In order to avoid duplication,
beneficiaries are only to be reported once after the first time a service is provided. Sub-
Recipient is to report only the new clients (people) benefiting from the Project in each report
with the Accomplishment Report matching race, income and other information requested.
• Part 2 — Narrative and Supporting Documentation - The report summarizes the progress
made during the reporting period, including photos and Units of Service completed. The
report should detail accomplishments compared to the annualized goals set for the activity
or program.
• Financial Report—Funding provided under this Agreement is available on a reimbursable
basis. Reimbursement of funds under this Agreement may be requested only for
necessary, reasonable, and allowable costs described in the Budget. Draws shall be
submitted via Neighborly Software once a month. The report delineates Project expenses
incurred and must include the corresponding evidence of expenses incurred for any Project
related expense which is being submitted for reimbursement as detailed in Exhibit "B"
Documentation. Exhibit "E" shall be completed for each draw request and included
uploaded to Neighborly Software along with all back-up documentation. City is only to
reimburse expenses related to the provision of services related to this Agreement.
Reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately completed including draw number and submittal date
• Necessary back-up materials are included (as stated in Exhibit"B"Documentation.)
• Reports bear the signature of the person preparing the report and the Sub-Recipient's
authorized signatory
16. Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (60)days from the incurrence of the
expense. The City will strictly monitor this element. Please note that cancelled checks must be
submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should
calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a
timely manner.
17. Procurement Records
All expenses incurred with grant funds require evidence of procurement according to 2 CFR Part
200 Subpart D, Procurement Standards. Please carefully read the Agreement and related HUD
rules to ensure compliance.
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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:
a Rationale for the method of procurement;
• Selection of contract type;
o Contractor selection or rejection; and
0
Basis for the contract price: --��- ---LL--
_..-- - -
18. Professional Services Contracts
No part of this Agreement may be assigned or subcontracted without the prior written consent of the
City,which consent, if given at all, shall be at the City's sole discretion and judgement. Professional
services funded through this Agreement must adhere to procurement guidelines as appropriate and
have executed written Agreements between the Sub-Recipient and the respective Vendor.
Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all
professional service contracts must be submitted to the City prior to reimbursement request.
19. Training Requirements
Sub-Recipient must ensure that the person responsible for preparing the Progress,Accomplishment
and Financial Reports attends the HCD's Sub-Recipient Reporting Training.
20. Proof of Insurance
. Evidence of appropriate and required insurance must be submitted prior to contract execution. No
City funds will be dispersed prior to submission of required insurance coverage.
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EXHIBIT"B"
"Documentation"
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EXHIBIT"C"
"Budget"
The attached budget reflects the scope of expenses that may be incurred through this Agreement.
•
•
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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
61641 expeliefitures and revenues agains dgeted-amounts. The Citymust be able to isolate and t0
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
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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 financialstatements-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 $750,000 in the fiscal year in Federal awards it is
exempted from Federal audit requirements for that year and consequently the audit cost is not a
reimbursable expense. The City, however, may request the Sub-Recipient to have a limited
scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by
the City and address only one or more of the following types of compliance requirements:
activities allowed or disallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to provide a
proper perspective for judging,the prevalence and consequences of the findings, such as whether
an audit finding represents an isolated instance or a systemic problem. Where appropriate,
instances identified shall be related to the universe and the number of cases examined and
quantified in terms of dollar value.
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EXHIBIT"E"
"Report Forms"
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EXHIBIT "F"
"Monitoring Tool"
r$OUE tnroin..nr W riner.hp.Progr.m{t10e4E} Coy o1 Wane Mooch
Monitoring Chockt;st O"v ce ru,,,.,.,,is Gtwr•.K6n.ry 3wrvr ea
F.:. • Pruida
Agency ono •
Magic!Merest
•
"racy,T.Mpnons �n'd Weir Address
Camer■rY Etfomr.O.t.
HOME Award ... �- - — 1oW PrctodCaN— -- _-
Fund COY neon* Core�•.r..-.✓r• .sn..s..•e.��
8 L1 •w••,rm �Owr__. .- Otl... Funding
w
■Yorw senor,. Q a+.or.s..ne.. }$'^
•seti.e.r er.�a a rt..w.Monroe.
.ase...r.son., e-w.sr..r*..rq A
odor...... ...r.rwoma,- aware
--— - -- -- we.r..l t.nb.O.re r .r.n._.er JaJ.b e..•.r,at
. _.. . +.r !n"a �.,+r�+----_ww.+..•cony
1*Rbr.,i4f nt*n4.ncr Oocuransng*.mitt to bit.rd modem.stoom. .. Y. NO
P+rson_s7
Commons r,support of oboe*
• nlybcin
pent F... QCrMr
Don roapo t let up.n erns. cxm»nt l fit•l «.
hie recessed conduct es oared rMt d.rryromwMr prowl? Y. No
Dom Om oneran n«+r1 ditt contain w./aliowrg: o.N a Ct+pIMa+ r«
IM enorownentel aw.in.nt'T
,.. b. Published Nob=of frgrg of hlo bigEllsndussr.
c. Published Nolo*of Ini.*b
aguu.a Are..•of condo? 0 No
.. IOEO Robsut of funds Laaw9
Oct reopen'.O.aM!►r mooed b any*.nwnw,b mode an die.moon motor Ms-- Q Yeti • .N
. o ❑WA
netate 11+eo roam edaesaiar re o•��refers awned en n we Mover dos ywr� Qris • ❑No - .
when ewu tar 000,1 action coated sipnod4
Con.nare on tbow
�..
L.r.+...s roe
28 of 31
DocuSign Envelope ID:A080187C-F5D1-4F03-AA7A-122840D10198
DOM tat reotesnl marwin anWows* "woi t Msentl-- Yee No
i Is Mte*VOW inoompysnce Siwimms Eh ee s y *UMW a VWHOME Yes
kftinfof,ont Guide?
b- hie focal Mfort Mtda_. _ - - in
r+oo�oraMOb bt+OpMatdaccax+Wtptso0!di? M Na
C. e utnhtarsi ntatee eccor&tito b Vie HOIStAooet Won Trio shown in us es �"`�
M �
d Veil IN recipient disburse fonds**hie 10 working*woof mike ❑Yea __ No
ooataeov asp ns.e by aeobelb idea inandd raneaaloniAnb . n start onP. CJ_P -=
r w+ 4
DO,*M.1Lcic Nit prOvids for adepeele seems,confrob and mmetien of dulies7 Yee _.. ---,- Mb --,
Way program income reoMrW? Cif** allo: Crier ....
)t lend wee part of one locel'flirt.how wee,*vat"of lbe Iry&Nominal?
i gen:stook"wee it ea.q uses ao rwa tires aoumr4 hurt ieoeaata iiiii Noi+E Worse,' Yss _r No D WA
Re ail/rOl men&t bevy mrwnee»aeRaWiat wMh OM Guar MOQ.Mrunent Cr - --- DIY*. Np
Comments on above: ---
NOW
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29 of 31
DocuSign Envelope ID:AOB0187C-F5D1-4F03-AA7A-12264001D198
Ow d»r_Ci�iMM hove rM?wlfMn p riX rrnMnf Yea No
boss the iaeipiait hide.;twain cods of coduct? Yes NO
Did Ms recipient use the smelt purchase method of proem—intent proem-intent tor einvlcss supplies. Yes No
and Oerr ProQeftxo0sanq Mr a�ns0ele n0 More Mon$100.000? -
If so.wpm pries or red quolraeorr obleinad front a a number of g idOed source.? Yea _,- O .
.
aci the tocipisrrt soil propos"for am+reirsimi rwoss la crosrpWpFnW eswiosar► 0 Yes ❑do 0 N'A
a. Now
roes-., .._....... ._.__ -- ■ .__
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o• �wae ptibaOatad? ' _ firs .. Y
_-____irovd•r.ww led on«eeblis+»e creme r t
OA the ndpi+nt solidi gtreMkalbrr for anginomingferchitedural saunter? D Yes No III NA
• *or*$ •e•.krrt•ironer a/prlfres m obsess s.o im•Ri_"ft.tionecesoM? Vie-- O No _
p Now wee the RFO •
C Wws .Wiglo s evaluated on NleblIsMO ciIsmeinet aMCMdnp mar •i.. .__ .. ■No
a. Did ms n.o.wa n•eMMt N.ind*wombs os�ssnsssa...a,sr•crod s .._.'-. !t _ _W
Die 1M f.o_ tpe competitive s.rW bids?_ • .t'1 Yes No__ µ,A
a. Wam.n.>r +u nunOsi oi Sidi soidlad7 L1 No
b. Mow wed tho opponu ity 1p bid pu0liat.d? _
C_We a Strands*wanted 10110 lowest 0•0110netble bidd ts?
d Ana there bid lebfleson sheets for aedt pros rinmin -
003 recipient rearm ICED apprwsr for ti r sole stare prodnernsntl Yes No WA
Who scsons hes the recipient taken b sofdi psrsca ffsson from minority-and*truss- lxplain in comment box.
owned b someas in the NotME__Lro rQ_?-dominants on above:
s
writ
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trative_____sernoos9 YM -_ +
a. With wtgrn il the contract for edminisaMM tsmvbae'
b. Whet is the sxacused dent of us contract for a07ritierww snvion? ....
c What*the COMICS nfsrknum a,not held'am ount? _i
Doss Si.co act include se r qi d ki1 S ae s? Yes No
.,-._.
• Mossy wow ism pediment orns•is fO a,r.f and 4Merae ads sorarwM
rva• ofy9 --_-,..._ `ea No —....4
b. Pwrldinn for maintenance of rsoorOs for Ow mere Mar pi do ouf7.--- No
c. Title VI of Or GAM Rights Act of 1664? — _ r- - _- Y No
d. Twee viii of tit Civ!Rights Ad of 19e0?thoi ig)----_. --- No J
• E.xecueve Order 11063?(Naming) r rb
.- i•aaon 106 or min Swung and Camwrvy-Clissf arch r Aa d 104(f t.Mn not o or h) ~. µo .
y. Aria "-Way—iineinin Ml of wen? - t . _
No
h. Section SOS of at.Rehoblet een Act or f 976? No --`
r. 3ecson 3 of the blousing 6 thben Development Ate of 1 687. - No---1
J Exscus er ea Ord 11246(if Contract is prscsr men$10,000)? No 1
k MMrfoans with DsaailliesAct? . _ Y.
No --
I Tanririon cruses? ... • No ___-(
xi.w•MrsalM careen.00M•res•(nM'M,e' •aaaioret-coo sail aO.c ie ofa•K» YN _ No
a Does the cont "wa
y art houdy rate? L� VieNO
b 60. Pm Core dvvr rrr•nor•P5orrt ever. •s.•r oo:us coos fhb",is a wo OrAral?n . $`V v.s ___I_ _ NO ...._J
Comments on above: 1
i
NOW
V*Voorems Ted
30 of 31
DocuSign Envelope ID:A0B0187C-F5D1-4F03-AA7A-122640D1D198
Did M» cpenl contract for the srcAMbclurtY swimmingIonia*
s. Wit whom is Me canted for the erchikaur■V e^ euYr�ser�c�et -b. Whet is ere sreaa.d does d M contact for srrlrited woll_n foorrg swvicr,'
C. What is the centred mexi rum or'owl lo expe0'.tamoure?
.00M 914 cQnYeet YICrO�M requirt0 Yr+prpr? __-._ -_- _ ■Yes ■No
a asaeirr acorns a)Ortbtt mods t ry reaper'and agars rase aquww? ■Yes ■ '�--
b- Prwtdfrq for nreireerwrOp of ntcords for Rne Yews efler protect date-taco?.---� •Yes •'t ■I.;•
e. Tao Viol the CM sights Act of 1164? ■Y es ■C;
•
d. Tile YMI a tm Civilltights Ad of 1118117._LhoueM Z _--_i... •Yet ' - , _
e. ExsaAive Order 11063? i .._-
( M*Kf) ■Yee MN■f, •
f 8rca toe d er Mari"and COmnxwYy OrroYppnwM idol 1 14 if f,sin not p or n) i ■Y- __ _■[
.:2:_nee D eaimrr Son Ad of 1975? _. _._ ____-- ■tT �■L. .
h. Section 504 of the FtehebiitMon Ad of 1978? ■C ■t;
i...Section 3 a the Housing 3 labor OMlopm nt Ad of 196E7 — •k■No
1 EreCotive Order 11346(if contract is 9►eatsr then$10.000)? - •CI'�__ ■ •
k Americans*eh DiuOl sa Act? Li _ II Yee ■No
I. Termination douses? ■ ea^}- II No
w the
Isom d/ on r.corona aporopw.loot-geredn e d o'er'or'oost plot a perceive.d cosr)' ■ Yes ... . III No
a. Dose the o eiritit. fy en_hoiirfy rsle ■fa . _.._. ■No-
b ip o Does rorrieol swiftto agents
vc«a warw�r cote tawny.lop wow or caner)' ■ 'M i ■No_-
Cannenls on above: --.--
7
aoltratnr,taw
Contract Mana.ement Other Professional Services)
Did the recipient convect for eny other professional services? •yes ■NO-
a. With whom is the coated for professional scribes?--- .Ames.lama menses-
i_ .b..-YYfrM Whet is the moaned dale a the oont+ad for•prolsuional services? �. ._
_c _M'ty+e oorMrset rneidrtsrm ar'riol w exa .____._
nd eMnoriri? _
r DO.e the oaWsd include al required 1an01r9e? - — - ■Yes •No
• w tanners to p•r'enart me*br recipient end!.vropew.aorr►e+.r+.vw+o«? •Yeti 1 . ■No .._.•
-.
if. Prorates for
t_ensn a oe records for eve Imre alMr_pr ecc_t doom'"? .___ •-- ■Y ■-Ni---
No -
S c. a the VI e Civil R,ghtiAi of 1tt64? ■r� ■Noo_-�
f d. Title irdi of the Civil Rights Ad of 1968?(housing) ■CC'1 ■ •
e- Ex/xi-ewe Order 11063'Jhhoue noj ■ t No -,_
1.... t_ esawn iced roe Mr m org and Conanary Donnopenero Act rr isle,p r Son noee or n) 1110111111111111111111111
_.._.,..._. ■No
[__ 9• AQe Die jfrni lion Mt of 1875? ■r ■ • —
to._Section 604 of the Rehebllletlon Act of 19797 ---__-�-` ■r11.11111 mum■ No
968?
•
a - _• Not1_ Executive Order 11240(11001Mred ri9NMrern s10 py? ■NO,. • -
r Er es w Disabilities Aa? ■
I. Termination clauses? - - ■ • •No
Ma to font err Its accord aprwoprki a Inca-prcataee d was-or'Mel plot•peneneepe
d ne r I� III II No
} g antic convect_co convect sped/Lan e houre? NI ■ No
0 M Oa1tKt vanes bn spout wire s rs at aA w stione co (hasty.Wm ewe r or wo. I.rarr'^� yip ■No
Comments on mito'rs:
i
I
n
Kant
Lr.trtwr•n i
31 of 31
DocuSign Envelope ID:A0B0187C-F5D1-4F03-AA7A-122640D1D198
Contr. Ma-ngr-m-nt 'rwonn!,,ttrrticilion
.'itt,rM10rm� � alp" ...._ _ _ _-__ -
a. Whet is tlw eiactMd deb of the contrail
b, Whet is the core sd amount?
Does the contract include all required ti riguwa? •Yes •No
.-_._► bowers moms lo Ninon(moil br meaner+?an.asokw lb Yowwswam,n+^t s + •Yet. _t.._ •Ne
b Providing b maintenance of records for five ys rssibr protect tloee4x0 II Yee •No
Yi c, Tel ofR x a 1 Ce 1 1964? :the C is A _.._ • • '• —
d- Tee Wit of the CM NON Ad of 1968?lieveingt I Yes ■No
s. Emcee,*Order 11063?thousrny) - - ! _ • _. .-
I 9snken rpm a M NAM"Land Comr'aM!OsystoanrNt Act ar 10/to(f r Ihtoi a er ni ■yes •No
g. Age Dieatimineoon Act of 1975? 1 ■Yee 7..■No .'
h. Section 504 0(tie Rehabilitation Act of 19781 ■Yes } • •
i Sedan 3 Of the Housing end tlrben Development Ad of 1966 .__.__- •Ye. ■No
j. Executive Order 11246.(Acontract*wester te_r thin-110_000) ■Yee - -- •
•1b •
k. Artiiiicans Milli Dieaballes Act? _- • ,es _ •
I. Ccpettend An ickbadt Adz(ooriVects greeter then$2,0001 -_,----_-- ! •Yes 4 _ •No---
m.Os'e icon Act?(corwsds westerthan t12.000) ■Yes ° II No ___'
n_C4r(tsct Work Hours end Safety Standard Act?Scontracts wee*Men$2,0001,..- •Yet •1�----
o Section 306 of the Chan Air Act?.(oontr.c s greater than$100.0001 II Vies II No •
P. A of 5*Section 6O clean waif Act?(contracts waiter.awn 610).000) 2._. ■Yes ■No ,
4 EYaattiw Order 117307 Contracts wester than 6100.0001 _ �_- •YN ._ II No . )
r• EPA Rewilebon 40 CFR Pat 1155?(conirects wester than$100.000) ^. • - , ... •No s!
s Ten�i sSin douse? _.._._ •Y-. __..-- •i o .__J
Doge the contact Ind 1N s�pr9 1N.v eee rote determination? ■Yes ■No
Has the rsCjoie willed M!limit)!d M contractors and subcontractors with IOW?--- - ■Yea_ .-- _•No ..._..,
tb Meow*construe—pan records incites the forown0(n conesenor with Coed Imes) ■fee •No
c. Payment bonds? --- —___ --- I • Yee I No
Comments on above -
•
rodliE
-
M.le•orneTie.
.. . • -.;;has(includi . Section 3.EEO.Fair Housin. 8 MBENVBE)
to the recipient maintaining beneficiary darnogrs>phic data? - ■Yes N"
is the recipient maintaining Section 3 records in order to proper*and submit the I Yes U N°
Opportunities for Low income Prsons with Assisted Projects Form at program
canniefion?
a. Have program contractors hind loa rk f.tow income persons to woe spec& y • QYN I T
U No
b. lbw hes the ndplent mods contractors aware of Simeon 3? - __
Owe ow nccirrli!we a curio!E4tr Emekierofit PPP0110.0 Y?_ ��___._ .
i- When was the EEO POLY odopUd t
b. Does the policy prohibit discrimination on basis a race.sex,color.national ' DY ja ��_.�_..,
Drip!^,sae,*1On,diaablit,and la tWial s}Mua? _
c__-How was the_poticy msOiQubNc? __.._ __._._._ _. _.
d. Who is the local olfkiel responsible for EEO policy? --� - -
s. How dope the hoipent__advwf se.job waives?. •__
f. Dojob conies!ewe sevioyment opportunity language?, l
Does C(p+w l haw 16 or more empbpes? ■Yes __ •No
_ a._ If eo.does the nattisr l IMr�souainrK worktorp anal�rsu7 -- •Y-- • •
b Dose a+e eeiplehovec h an aMkntillvs action plan? ■‘ 111111111111111■NO
c b the recipient meeting Mlkmebv.atSOn Sods? --- _..._.__. __. • ■ -
O. if any enpbymsnt discrimination conceives were Had against the recipient, ■Yee ■No • A
have they been sstietsdoiily resolved?
What actions has the redpiuM!ikon to opine el�r_?ureter fair boob?_..—
Comments on above: -----.
10
.
sr1.wsv,r.a
32 of 31
DocuSIgn Envelope ID A0B0187C-F5D1-4F03-AA7A-122640D1D198
Who s NtO,ec isnc',,Labor 81r+d.ds Con�pfrnar,
Dash .P. pIMKns he a IiiOf Mind♦nia erdoro ant w for sods 0 nion/o Cn aL 0 -
ii6M Wntracli alrYrafie .._
wean^Submitted+haslet(? — .----
±1w!M tabor Standards_Completive Officer reviewed end iioCwMd an persde7
Contractor/Sat.anapebr_ _Vayroll Member • Oats of Droll Cowmen*
--- - -
Old the teOipie nt interview construction employers to ensure earNNeAas were pitying 0 Yet. --crNo
.
.iP------ -- s"
.. Woe employee interviews cross-referenced with the applicable weekly ❑Y.. 7 -- ENO
b. Are liege benefits being peed according to the wage rase debmrfaaon end 1 �Yei- - Q tip
atimpience w.w labor*tandems? — — — — i.. 1 ---
c. *mean*eetMr tie computer on the bank hasty Isle Owe'on the wage nee _QVet j -�v.__..
Describe any wogs discrepancies endior tiny violations of labor standards and how
they were resolved?
it any contractors or wban aeedora ere sang1M apprentices.does recipient a Thew on-4— «—Q �-No—
fN Depgtn ant of tabor methodiseeon docw er for each morendce? ,---.---.__ ._ .._.. _ _ .._ .—_ ,
Cornrows&on above
II
Koss
Acquisition aid Rc ton(if applicable)
it the recipient air t red any rea property,inducting permanent easements,with the ■VOLUNTARY INVOLUNTARY
intent to use federal funds le complete the proms.was the reel ealel.transaction
VOLUNTARY or INVOLUNTARY?
(VOLUNTARY)Did the recipient noefy ashler in*Meg(1)that lie property world not —0 Yes 0 No
be taken trough condemnation end(2)of the recipient's Mena*a1 fair maket
value?
a Was nolYfcellort provided prior to to signing of a ptsdhese fifer? T•_ Vey No.,
E. t ndl wee the seer allowed b Maxey*from purc hasp agreement once r 8 Yea j jc ..___
restated of the fair motet value? _
(INVOLUNTARY)Did the recipient advise property owners al Pei rlgfAN under the _. UY.e -_.__. _ 0 No
Urrldrm Act either by certified Mum receipt mat air fiend delivery?--
Wee to pr'P•rtY•ttfirl led by a ausMsd aphpraMsr Prior 10 Initalion of neiLstitirht IIYes Q No
a_When was the apprales,conducted? —r-
b: Wheni wet the reuirw enducleM _, — -----�
C_—Whet apprekM method wait used?
d- Wens appraisal standards folbwed�--— — —_ ._------- .._-------
W ..__ Y
If an appraisal wee not performed,was properly**nil at less then 32.500 a did the Yes
_ 1 �, No_._.
recipient obtain en ePprowd weever of eppreisau statement from property owners? U►�
Ord life recipient proe the property owner a written Notice of Just C.ornpeneat on ayes 0 No
(written purchase offer)for sad+acquisition taking into amount the value of allowable
damages or benefits to any remaining prcpary?
Was tla wrfiten offer ,._
equal to the epprai»d!sir market tees? Yew _ No-_
a_ Was tie surm+ery steterent issued with the mitten offer? _.1__
Wes the"OW offer QrwMr turn them/reeled fair market value?_---- Yes
a. Wei tam dooh.naiwion of it ssinivi ieve s.whwa(proof sntaw does.a d e;.*saved t_.. YN_... NO
oat et 1.k.n.fYoy by',mini devein in ne r.aeisma Ile __----_—_
Was tit oAer nepotlaled after the alter klurchaa was made? Yes? [4. .
Ord_!M reciient movie.its power of eminent dorm*,lo',wire lie—property> Yet
No
Was tut purchase payment made prior to the property owner transferring the property Yet No..
to the merry?
Comrnente on above:
How
tr MMr.y roa
33of31
DocuSign Envelope ID:ADS01870-F501-4F03-AA7A-12264001D198
• i Reiocat,i-, • :;?plic..iblc
Is there a closing cost skimmery sheet shoeing the recipient reimbursed property • -ee II NO
owrow for?:
a. Ricorienthsee transfer'Bessie's opinions.etc 7 No Yyes
. es
t.?• fTtEfirr,rtrrtitY 1101~.7_ No
c. _Tha_pro nee!nem Of propeny,Olosse? Yee
d. Liegalkin ripeness? Yes ND
_Was the acquired_ vacant?pima skip Yes
a. If the veciert Structures acquired were delerntimd occupiable to tow and Yes No
moderMseinoome persons.did the recipient fellow es adopted Residential Anti-
thaplecementend Relocetion Plan?
Did the recipient inform the occupant of the basic eligenity figiarements and laYes
relocate°,tense&
a. Was nocetion hand-dstiveted or mailed by as '1'114d/return iie..*ut mail? 0 yes EINO
Did tie relocates receive?:
e. A fixed perrient for moving evenses? Yes .
b.__Actual moving,expenses? Yes No
C. payment(rental assistance payment of up to$5,250 for 90-day Yes No
tenants or owner-occu)ants or replacement housing payment of up to$22.500
• kx 180-d _owner occupants)?
d A payment isquel to or less than reasonable moldy relocelion costs for actual El Yes LI No
direct losses of tangible personal property as a result of moving or
discontiflogni 8 Willow Cr farm operation,or equal to the ammo emus'net
serninaknot Nee than$1.000 and not nsons then$20,000? _
a. OND
business or been?
I. A re-asteblishriseol psyrnent for menses of re-0810141*p the business not to- ONo
exceed$10.000?
Comments on above:
t3
0.004
Did me
Oft hisr..•1 locv
rOCIONM4 diftnitine lhat ma d,ugact was ecipbms or strernstrro asikstance J Yes U No
(under Section 104(d)of the Unilorm Actr
a. Whet wee Ihisbipe oseistenceprovtdatt?
b. What was the erne of assistance?
Wth.rec*ientprovides Reeocetion AI was arepret adisjusile?: -UxLilain in comment box.
• ,
• it[t_40
If the reAilsrdproyided laxiiiing as a lest resort,:wee it iiithI0-eb isprover Crirea
eloestion was carried out under•third-party contract.now was it done? • Extin in comment box.
Comments on above:
•
14
KA*
34 of 31
DocuSign Envelope ID:A080187C-F5131-4F03-AA7A-122640131131 98
Property Management(if applicable)
if,*re,ractp4T,t oc,ct,or.Pd any equipment(none,xpentiable personal properly)with an R Yes III No
aggregate purchase price of S5,000 or more,did it first receive authorization from
!DEO" —
Does the recipientmaintain records on ,equimentpprchased with federal funds', Yes
Did the recipient aspoae of any equipment acquired with COSG funds 7 Yes No
a. W the fair market value was greater then$5,000 at the time Of disposition(or at
the time when recipient transferred use of equipment to activities not currently
or previoualy wept:Oxley a federal'agency),wa$CEO turbursed an
appropriate share?
•
thDe recipient depose..yealpoçery aUred war-.CMG funds', 11 YesNO
cad the recipient request and fotiow instructions kern IDE D' Yes
Comments on above:
•
-•
15
#40111E
111ordWv,Tool
35 of 31
DocuSign Envelope ID.A0B0187C-F5D1-4F03-AA7A-122640D1D198
Ooea ncipwM meintein doaumMMation in swat t a Mega*Objectives? ■Yes _ ■ Nu _
Dona reapers maintain Attics Docum nlNon? ■Yes ■No
hMsteo ier t submKNd r Rspc is 4 h docume taoon? _ ■Yes ._ I No
�itW_aoowate Fi+anoiM
is-ire recipient wbonmei ieowed.,ac umie P vici Narrative Reportsrah wet sbmri sn? ■Yee_ ■No __—_
Does nt maintain co ass at d subtleties!reporb7 •Yes No
Does recipient maintain mailing doatmenteeon.if ? • Yes IN No •NIA
Doserad�iMM wallah Board tneeM+�minute?_ 7 •
■Vas_ III No --..,
Doss nudpiat ma ngirt Miaphont to�AndFs.t appropteta Q Yes QNo Q WA •
Oo ea mdpient memiem copies of pMteepond.aws rnth C y? Yes _ No
Does recipient maintain copies of Oripitat ? Yes g No
Does client nec+p_iani maintain am.nemerile tioo► -_ jTvs
Conxnents on above'
•
•
to
HCAAIE
t+e µ,.aw TerX
•
36 of 31
JocuSign Envelope ID AOB0187C-F5D1-4F03-AA7A-122640D1D198
Does recipient wet have arrpial Yes_.. No
Does redois t OM hie,*amendments sndres i o volications? Ye* No WA
Doffs ncpbnt w Fret Noioe of Awed? --v ■Yes . ■No
Owes wiped Me maintain copse of oanspond.not between ponies? ■Yes ■No ,
Does_neApisit�e mainWn_oopiss dArticles of Inoorporabon? ■Yes ■No
Doss r cAloot OW mtaiNain Non-0iGllt OeMm+inafion? ■Yes ••No
Owes raC1�ieni meptMn lei of Bard o Oincwrsj _ •
_ ■Yes ■No
boas how Aulhpizali0n to RepuNt iund57 a Yse ■No
Does reofpi ntee identify AtAhaiced 0llitief7 Yet •No ,
Doss r lrs iSe mainta n Orpenmlions Chart? ■Yes ■No
-
Doan lee manor Resume for Chief lo
. �a...-- ---------- , AWNniadelor and/or Focal Officers? _ -_ ■Yes _ _ r ■
Goes roc piers AM maintain Financial Stamm,d and Audit? ■Yes ■No
Does redpisnt ale martin Conflict of keens*Susement? ■Yes ■No
Does teclpiert M.n ,10Min pion ion ..-weh_Ne0ons _ ss? - - -- .
uoss ConrpNMrCe ._ Oblscthas? .. ■Yss ■No
redpiie t tea maintain Lobbying Cenolka5on? • •Yes ' -----■No---.__
Does recipient Ille.n.taintain dolt,of gant? ■Yet . . ■No _
Does redder*Ale meintiin amount of gram? — ■ Yes_ •No _-_
Doss r'.NpiMM fee maintain Statement of WoAr?-----._-----------.--_---- . ■VIM •------•No ---.
Does recipient file maintain Bud�rt by Tate/AdWity IIIYoe T ■No
Doss rodpiert Me nil-Misr' Scheduie byjaawActivity'� ■Y _._. .. _-. ■No
-' ._._.
Does Me mains n Standard Provisions? ■Yes II —
Doe*recipient hate msinten Special Condition? _ Yse f No Q wA
Does recipient Ale maintain Rail Progeny InvenkxY ' Yes No L�Niue-.
Comments on above
n7
.'LY
Documents Review
Gur*ant APaoved Bt+ �__. _.__ __..----.-acts_-.._ -_ a•Yes - II No__ II
WA_
Ammon USW we eigratuns . ■Yes ■No..1_ WA
. S!arcetl Mena�ernere 8YMer^00:9utinp booi<sl,scUware,rspoaw si s*_7s)_ ■Yes- ■No__ - ■WA
-Cheri of Accounts ■Yes ■No , I WA
Fineman!Status Raport.(faW ope _budpst,amount s psv sd obNpatans) ■Yes _- ■No_�_•WA
srd Draow n Wagw me II For Yes ■No I ■WA
ESscW W Canbsets Od Ooc a Sots •Yes ■No II WA
Board Minutes for a
Apprnwet Contracts ■Yes •■No-w_ ,
Moat Recent Audit Report •Yes •N'o IIWA
Certification of inureCOvwayMBorid+y. i ■Yes No.__.t •WA
COBG Payro(Reoadi II Yes II
No +' ■WA
t"artified Cawtnrction Olive*Reowds(for Devis$aoonl_ _.. _._ _-. ••Yes _ ■No . •WA
Approved Cost A location Plan ■Ye* - ■No-- ■WA
Relevant iiwtdM dcereessoncience •Yes ■No . ■MIA
Comments on above: �-
..;r
s..ot,,.'..,a- .
37 of 31
DocuSign Envelope ID:A0B0187C-F5D1-4F03-AA7A-122640D1D198
Additional CommentsrObervations
Deficiencies/Need for Remediation
Monetorint Certification
..0440 0•40noforN Nouticaboo . • • •Vigil
knopeenf Staff Panicipetne rn
P49.n,rnif Mal
Delicionans Rune/Now for Renato'RonneMon CP/is r
N ftoinedintion*Wed.out,for C.omplenoe
Dino of Wilton Convociontfonos Adoring di Remsdialion and dole for Complionoe
Oats al Monlonng Rapaq's Plnownent in 1;tideliont fit
Muttstwarty
19
Kati
Sies Mcemtrn9 Tor-
38 of 31
DocuSign Envelope ID:A0B0187C-F501-4F03-AA7A-122640D1D198
EXHIBIT "G"
HUD Compliance Forms
39 of 31
DocuSign Envelope ID:A0B0187C-F5D1-4F03-AA7A-122640D1D198
Port t CoMtlaste Awarded
Ccnstruelezr tr'tt.tiracts
A.Total 3*ar sinewy"re as Contracts srcard..•d Cud the protect S
a.Toth d:flat amour:o1 contracts awarcded:c Sectx:rt 3 ousresses 3
C Pe:txr':age of(the 1v4111"Joao,arrcu t that way dwartted 1u Ser:tcn 3 businesses
D.Total ntxrtttei of Soctlo1 3 oasres0es re CW 19 tend acts
--
2 8CflConatructon Contracts
A Total dollar amours of ill nUn-COra7N.:t•3n.Coatracia attar ut2 c t Nra 'y S
a Tow doIae arn0uttf of nrv-co^.stru,:iton co-attars awarded to Seaton 3 burettes*, S
C Percentage of fee total dollar ar^cunl Poi!wa*lrarded'o Sector 3 tws.:rCr sea
J Total nurrbe.of Section 3 tx.smeases recerrrtq ntuscormtr:jdfon contracts
Part fit Summary
ind..'.arr the.•rota made to yrect the u.1'a ymert and Other aconprr<oppontur.Ucs generated by HUD 1lnar.ctts1 ass afancr for neustrto
Lrr•a c_reettunf1y Ueviaac ne+t.wog,ar-w,fe t!te wermio.t exteet taartAte !OWata fvw-art very I3w-v,00me persona.carts:ufriy O o4e ono
arc.er.,.tpwrio OF yeveenrtpnt ate.lance tot¶'Ctoing testa al n al apply I
4eieg'Vtallutr`u'.ow-+'caneeresdantatf•eCagel kaaadawbse+g mold.stgnoan;-omen tivtastAayedat(Mt protect sae cdtaatb
rr.th�oannarraty agantzettona any puta•c of wrvate agencies overalinq wave rt>e motrtpogtan vita in narelroporan ccunty�
m which the Section 3 cowered program ct prole J is located or sirr.lar methods
Parfle3prad In a HUD prograr:or ratan program which IxcmotOS In.Training or employment of S.Oton 3 erica its
__.. Paroctpa'ad!l a MUD program Or one*tx,,t rasa N'Mtt promotes the nward^,t borosacbt tO Mawr"conCema*Men meet the
tMtatreton of Section 3 cuurersa concerns
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DocuSign Envelope ID:A0B0187C-F5D1-4F03-AA7A-122640D1D198
Exhibit"C"Budget
B E AC H HOME-ARP Fy2021
Project Budget
Miami Beach Tenant Eviction
Sub-Recipient: Legal Services of Greater Miami,Inc. Project: Defense 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
Attorney I $ 43,852.00 I $ 43,852.00
Legal Specialist $ 81,200.00 $ 81,200.00
Senior Attorney $ 9,263.00 $ 9,263.00
Spanish Translator $ _ $
Administrative Support $ 9,190.00 $ 9,190.00
Benefits $ 25,482.00 $ 25,482.00
Personnel Expenses-Category Totals $ 168,987.00 $ 168,987.00
Operating Expenses-Category Totals
Training $ 1,640.00 $ 1,640.00
Travel $ 820.00 $ 820.00
Space&Utilities(Main) $ 10,168.00 $ 10,168.00
Operating Expenses-Category Totals $ 12,628.00
Capital/Equipment Costs
Capital+Equipment Costs-Category Totals $ -
Professional Services
Litigation $ 2,186.00 $ 2,186.00
Professional Services-Category Totals $ 2,186.00
Other Costs
Other Costs -Category Totals $ -
Project Total-All Categories $ 183,801.00
RESOLUTION NO.! 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.
•
•
PASSED and ADOPTED this /6 day of 414e14 , 2022.
ATTEST:
•
DAN GELBER, MAYOR
•
7"),j,/
,\ A1 .
RAFAEL.E. GRA ADO, CITY CLERK =' ›„
ti
tl[ORPORArED,''
(Sponsored by Vice Mayor Alex J. Fernandez) ;� .. :g__
.cH'26^=
•
•
•
•
•
APPROVED AS TO
FORM St LANGUAG E
• R EXECUTION
I�ry� Z2.
City Attorney.lam Date
Resolutions-C7 F
MIAMIBEACH
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
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 vice-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 Miarri Beach-The
Heron 20 $1,400,000.00
Supportive Services
Legal Services of Greater Miami - North Beach 60 $46,866.00
Homeless Prevention
Legal Services of Greater Miarri - 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
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 included 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)/Account(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
ATTACHMENTS:
Description
o Resolution
Page 520 of 1416
MI AM I BEACH Contract/Document Routing orm
Contract No.
N/A Amendment No.2 to HOME American Rescue Plan Program Agreement for Legal Services of
Greater Miami,Inc.Tenant Eviction Defense Project
Contractor Requesting Department
Legal Services of Greater Miami,Inc. Office of Housing and Community Services
Department Director Name.Signature&Date ACM Name,Signature&Date
�-irDr.Alba Tarre David Martinez
Document Type(Select One) . i
x Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued competitive\licitation.
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
Type 5—Grant agreements with the City as the grantor Type 8—Other:
Summary&Purpose
Attached is Amendment No.2 to the Legal Services of Greater Miami,Inc.HOME American Rescue Plan Program Agreement
for Tenant Eviction Defense,in the amount of$183,801.00,approved via Resolution No.2022-32188.
This Amendment was originally executed on December 29,2022,and Amendment No. 1 was executed on September 14,
2023.This Amendment involves a budget modification to modify the level of personnel assigned to the project.In addition,
the term of the Agreement is being extended to March 31,2025 to allow time to extend the funds by continuing to provide
projects services.
Original Term 11111111111 Renewal Periods Total Term(Original+Renewals)
Execution Date—March 31,2025 None Three(3)years
Funding Information
Grant Funded: x Yes No State x Federal El Other:
C. ;• un "gSource
Annual Cost .- Account Require Enhancement
1 $90,658.00 175-0530-000345-00-404-534-00-00-00-59522 Yes X No
2 $93,143.00 175-0530-000345-00-404-534-00-00-00-59522 Yes X 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.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32393
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Compliance Approvals(see attached)
Procurement: N/A Grants: N/A
Budget: N/A Information Technology: N/A
Risk Management: N/A Fleet&Facilities: N/A
Human Resources: N/A Other: N/A