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CMB Fiscal Year 2023-2024 Grant Agreement (Miami-Dade County Homeless Trust) ZO23--3218S OFFICIAL FILE COPY CLERK OF THE BOARD OF COUNTY COMMISSIONERS MIAMI-DADE COUNTY,FLORIDA MIAMI BEACH CITY OF MIAMI BEACH FISCAL YEAR 2023-2024 GRANT AGREEMENT On 1 Zd7G PROJECT No.: This GRANT AGREEMENT (hereinafter the Agreement") is made and entered into this day of , 20 by and between the CITY OF MIAMI BEACH, FLORIDA (hereinafter the "City"), and MIAMI-DADE COUNTY HOMELESS TRUST, an agency and instrumentality of Miami-Dade County, Florida (hereinafter the "Grantee"). This Agreement is effective October 1, 2023, the "Effective Date." ARTICLE I/GRANT DESCRIPTION GRANTEE: Miami-Dade County Homeless Trust GRANTEE CONTRACT ADMINISTRATOR: Victoria Mallette, Executive Director ADDRESS: 111 NW 1st Street, Suite 27-310 CITY, STATE, ZIP: Miami Beach, Florida 33141 PHONE, FAX, E-MAIL: 305-375-1490, 305-375-2722, victoria.mallette@miamidade.gov GRANT AMOUNT: $125,000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: October 1, 2023—September 30, 2024 EXPENDITURE DEADLINE: September 30, 2024 PROJECT COMPLETION DATE September 30, 2024 FINAL REPORT DEADLINE: October 15, 2024 FINAL REIMBURSEMENT REQUEST DEADLINE: October 15, 2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST:By: /........... 7 . Rafael E. Granado, City Clerk Alina-T,Hudak, ity Manager OCT 1 g 2024 Eric Carpenter, Date illiCORPtRATED) pi-4-56 FOR GRANTEE: Miami-Dade County Homeless Trust Federal ID# ATTEST: Juan Fernandez-Barquin,Clerk of the Court and Comptroller By: /0-aikedk. Deputy Clerk Authorized Signature Cathy Burgos, LCSW Olga Valverde—e18183 Chief Community Services Officer Print Name and Title Print Name and Title • 0 M AV\ 9/10/24 i I. .43• 41'u,t\6 Date I,x mr•—•—ie I n COUNTY ni) VII!, ORO 4:14, APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 4A1MCalb4-N- (0Z112/221 Page 2 i A City Attorney Dote ARTICLE Il/GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Florida. The City has delegated the responsibility of administering this Grant to the City Manager or the City Manager's authorized designee (the"Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description,attached hereto as Exhibit 1.Any modification to Exhibit 1, Project Description, shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided to the City's homeless population pursuant to Exhibit 1, although the goods or services may be provided outside of the jurisdiction of the City of Miami Beach. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Project Budget,attached hereto as Exhibit 2. Any modification to Exhibit 2, Project Budget, shall not be effective unless approved, in writing, by the City and Grantee. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. Any request by Grantee to modify the Project Budget, shall be made in writing, using City approved forms, detailing and justifying the need for such changes. 4. REPORTS:This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. As a condition of disbursements of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit quarterly reports to the Contract Administrator by the following dates: January 15'h, April 15"', July 15`h, and the final report by October 15`h. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant. or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports must be submitted on Exhibit 3, the Grant Quarterly Status Report Form, detailing Grantee's compliance at the time of a partial reimbursement request. Page 3 • 5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City once per month during the Grant Term. All reimbursement requests must be made after expenditures have occurred. All reimbursement requests for funds must be submitted on Exhibit 4, Grant Reimbursement Request Form. All reimbursement requests must be submitted prior to October 15, 2024. Grantee shall provide the City with copies of all receipts, invoices,cancelled checks(with copies of both front of back) and proof of expenditures of Grant monies. Grantee shall provide the City with and shall categorize all receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in the grant budget. Invoices and checks must be directly related to expenses for Grant-funded activities taking place within the 2023-2024 Fiscal Year. All payment draws requested in connection with the Grant specified in Article 1-2 shall be made on a monthly basis, on a reimbursement basis, pursuant to the terms and conditions set forth herein. In connection with a monthly reimbursement request, Grantee shall submit a complete and accurate Funding Package, as more particularly described in Exhibit "1" ("Project Description"). Grantee shall submit the required Funding Package by the tenth (10) day of the following month in which expenses were incurred. The City will process reimbursement requests within thirty (30) days of receipt of the complete and accurate Funding Package. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to the restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant Amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the grant award, and once all parties have executed this Agreement. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable contributions; or events not open to the public. 8. NO GUARANTEE OF FUNDING:The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel;and/or requests for submittal of additional documentation or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project. Page 4 10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds. 11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place during the City's fiscal year for which the Grant is approved (October 1 —September 30). The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore,the City may, at its expense,audit or have audited,all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. 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. B. 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 Grantee, 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 Page 5 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. C. Upon ten (10)days written notice to the Grantee, the Grantee 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 Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee'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 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. E. The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. Page 6 G. 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 Grantee or third parties. 13. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: "This Project is funded in whole or in part by a grant from the City of Miami Beach." Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions(whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury,wrongful death,or loss of or damage to property, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys'fees which may issue thereon.Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless. and defend the City or its officers, employees, agents, and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 15. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is Page 7 incorporated herein by reference as if fully set forth herein. 17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement,the City Manager or the City Manager's designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in this Agreement become eligible for draw by the Grantee for use as the Grantee determines. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Project, any unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. 18. INSURANCE REQUIREMENTS: A. Verification of Coverage Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section, as follows. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. • Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. Page 8 • Commercial General Liability on a comprehensive basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury combined single limit of$1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. • Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. • Professional Liability coverage in the amount of$1,000,000 per claim. B. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. C. Waiver of Subrogation Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. 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. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH c/o HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shall not relieve the grantee of its liability and obligation under this section or under any other section of this Agreement. Page 9 19. FLORIDA PUBLIC RECORDS LAW: A. Grantee 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),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 of the Florida Statutes, if the Grantee meets the definition of "Contractor"as defined in Section 119.0701(1)(a), the Grantee shall: i. Keep and maintain public records required by the City to perform the service; ii. 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; iii. 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 Grantee does not transfer the records to the City; iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Consultant 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. Page 10 D. REQUEST FOR RECORDS; NONCOMPLIANCE i. 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 Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. ii. Grantee'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: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3) avail itself of any available remedies at law or in equity. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. ii. A notice complies with subparagraph(i)(b)if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee'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. iii. A Grantee 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. Page 11 F. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'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(a MIAMIBEACHFL.GOV PHONE: 305-673-7411 20. E-VERIFY: A. Grantee 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. Grantee 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, Grantee shall expressly require that any approved sub-contractor 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 Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. 1. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. 2. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Grantee's contract for cause. 3. A contract terminated under the foregoing Subparagraphs (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. 4. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs Page 12 (B)(1)or(B)(2) no later than 20 calendar days after the date on which the contract was terminated. 5. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(1), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. 21. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 22. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Contract Administrator. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. 23. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 24. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties. Any modification to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 25. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to the City Contract Administrator listed below. Alba Ana Tarre Director, Office of Housing & Community Services City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7491 Fax: 305-604-2421 Email: albatarre(a miamibeachfl.gov Page 13 ARTICLE III/MISCELLANEOUS PROVISIONS 26. The Grant awarded herein is the result of a finding by the City, based on representatives, documents,materials and other information supplied by Grantee,that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 27. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)prohibiting discrimination on the basis of race, color, religion, sex and national origin. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing and public accommodations,public services and in connection with its membership or policies on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 28. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE 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. 29. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members,if all three of the following apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 Page 14 million; and, 3) the grant award is for $25,000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. 30. HMIS: Participation in the Homeless Management Information System (HMIS) - The City agrees to participate in the Homeless Management Information System selected and established by the Grantee. Participation will include, but not be limited to, input of client data upon intake, daily updates of bed availability information, as well as updates to current and prior client's records upon client contact,and maintaining current data for statistical purposes. Subrecipients of Domestic Violence Programs with heightened privacy and confidentiality concerns are required to participate in an HMIS equivalent system to include the necessary stricter privacy and confidentiality standards. The Grantee understands that it is responsible for any ongoing costs to access the HMIS system. The City agrees to abide by terms of any HMIS Agreements,which are incorporated herein by reference. Subject to the limits on its liability,as set forth in Section 768.28, Florida Statutes, the City shall be responsible for any and all liability, losses and damages arising out of its negligent or wrongful acts or omission relating to this Agreement or the HMIS system. However, nothing contained herein shall constitute a waiver by the City of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 31. COORDINATED ENTRY:The City shall use the centralized or coordinated assessment system established by the Continuum of Care as set forth pursuant to 24 CFR 578.7(a)(8). A victim service provider may choose not to the use the Continuum of Care's centralized or coordinated assessment system, provided that victim service providers in the area use a centralized or coordinated assessment system that meets US HUD's minimum requirements as may be applicable and the victim services provider uses that system instead in accordance with any and all applicable laws. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 15 EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED Homelessness is a national problem with local impact. The City of Miami Beach Point-in-Time Count has identified 152 homeless persons. The city has engaged 1,412 unique individuals in FY 22/23 who self-identified as homeless. PROGRAM DESCRIPTION Grant funds will be used to address and reduce homelessness. The following are key Project parameters: Beneficiaries/Participants: Persons identified as homeless in the City of Miami Beach who have been identified and referred to the Grantee by the Office of Housing and Community Services' Homeless Outreach Team. Services: Under this Agreement, the Grantee will purchase shelter beds to serve the homeless population, inclusive of the following services: Service Units of Service Documentation of Service Bed Roster Report 1 Report Daily Attendance Roster Emergency Housing Up to 15 shelter Attendance Roster beds per day Meals 3 meals per day/ Attendance Roster per client placed Related Definitions: The City's goal is to reduce homelessness by providing emergency shelter to homeless persons as a means of transitioning them to stability and, ultimately, permanent housing. The City adheres to a strengths-based client engagement strategy that seeks to utilize a client's strengths to devise plans that incorporate these natural strengths to overcome existing service gaps or personal barriers. We seek to adhere to cultural competency standards and engage the client at his/her level of comprehension. In order to achieve this and ensure that finite public resources are used efficiently, the City will expect the following: Intake & Consent—The Intake provides prospective clients with an overview of shelter services and the benefits and expectations of program participation. Client consents required for program participation are executed by the City enabling the provision of further services by the City and Contractor. Assessment— An assessment documents the natural supports and needs of the client and his/her family. The assessment also indicates the client's number in the Homeless Management Information System (HMIS). This will be done by the City. Care Plan (Provided by the City) — The Care Plan outlines the specific strategies and steps to be taken by the client to address personal and family stability and the subsequent goal of obtaining permanent housing. The plan identifies the issues to be addressed and the respective community- based agencies or resources that will be harnessed in response. The Care Plan should evolve to guide Page 16 clients to permanent housing and independent living. Care Plan Contact/Progress Update — Scheduled monthly meeting to discuss client progress and needs. Client Termination— The Contractor may terminate clients for failure to adhere to shelter rules. The Contractor will notify the City in writing of any terminations and the reasons for such termination. Service Deliverables The City expects that the following services to be provided, as appropriate: 1. Clients will receive case management services from the Contractor with an emphasis on obtaining stability, entitlements, and housing. This includes: a. Referrals for specialized health, substance abuse, mental health screening and treatment will be made for clients based on need or their request; b. Referral to other entitlement services including, but not limited to, Veterans Administration, SNAP and Medicaid; c. Referral to educational and vocational training; d. Create and maintain client resume on file: e. Referral for employment; and f. Referral to permanent housing, among other services 3. Clean clothing and hygiene products, if available. 4. Random drug and alcohol tests may be conducted at shelter staffs discretion with test results included in client's case file. 5. The City reserves the right to conduct periodic audits of client files to ensure adherence to service benchmarks. Page 17 EXHIBIT 2 PROJECT BUDGET Budget Line Item Description Project Budget Shelter beds Up to (15)shelter beds per day $ 93,065 Rapid Re-Housing Re-Housing funds for individuals $ 31,935 transitioning from shelter to housing Total- $ 125,000 Page 18 EXHIBIT 3 CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM CMB GRANT AGREEMENT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: C Oct. 1 - Dec. 31 Jan. 1 — Mar. 31 7 Apr. 1 —Jun. 30 7 Jul. 1 - Sept.30 Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15 GOALS/OUTCOMES: Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 19 EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM Part 1 of 2 CMB AGREEMENT No.: ----------_------- -- t GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: 1 GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REQUEST No. Amount of Assistance: Less Previous Total Disbursements: Balance Available: Funds Requested This Disbursement: Certification of Payment: I certify that the above expenses were necessary and reasonable for the maintenance and operation of our premises and in accordance with this agreement. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 20 M I AM I BEACH Contract/Document Routing Form Contract No. Title Grant Agreement Between the City of Miami Beach and the Miami Dade County Homeless Trust Contractor Requesting Department Miami Dade County Homeless Trust Office of Housing&Community Services Department Directrw Nam:&Signature ACM Name&Signature Dr.Alba A.Tarr-,tre�r David Martinez AY if igo 7 Document Type(Select One) Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement X Type 5—Grant agreements with the City as the grantor Other: Brief Summary&Purpose(attach memo if additional space is necessary) In 2019,the Mayor and City Commission adopted Resolution No.2019-31082,awarding the Miami Dade County Homeless Trust with$125,000 on a recurring basis to support homeless services.On September 27,2023,the Mayor and City Commission adopted Resolution No.2023-32785,adopting the final Operating Budgets for Fiscal Year 2024;funds were incorporated in the FY 2024 Operating Budget.The agreement will fund up to fifteen(15)shelter beds for homeless persons referred by the City's Homeless Outreach Services Team,as well as Rapid Re-Housing funding to support the transition of sheltered clients into permanent housing.The Office of Housing and Community Services received the signed Agreement from the Hoemless Trust on September 16,2024,thus the delayed routing for execution. Original Term Renewal Periods Total Term(Original+Renewals) October 1,2023-September 30,2024 1 Year Funding information Grant Funded: Yes © No State I. Federal • Other: Cost&Funding Source Year Annual Cost Account Require Enhancement 1 125,000 160-0560-000343-23-405-542-00-00-00- Yes X No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2019-31082 10/30/2019 2023-32785 9/27/2023 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: CFO:Jason Greene ComplianceApprovaK(see attached) Procurement: Grants:Krystal M.Dobbins Budget:Tameka Otto Yelina Iglesias Information Technology: Stewart m j > o n 8 0 N S S § 8 o o S g m Q 00 N O R O O N O O N O N �(l O m E ^ oo N N M l� m < o N m U a O W 0 y U N S O V, O O c a o h w m N c _ W N g 'o m J _ c m w c 0! o c h oc n 5 ? a E p =3- . ci - <c oW $c W. W W 7,;..-,..L .:1 2°11. >a a rn Nr E mE w t :EE fl8 W�i `'va, Wuai3o v ' y .Egc ec fo oe dnc A o u n o $8 c & cfi g ;7 4 c a v o $u Eu W $u ? u vtO � cE E E c � cgco ommouO - r 'a a go g . voc go. 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