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Home American Rescue Plan Program Agreement between CMB & Legal Services of Greater Miami, Inc. trl Docusign Envrlopo ID:2898687B-AC5T-4919-8308-3C6AAQ4C228F �� ` HOME AMERICAN RESCUE PLAN PROGRAM AGREEMENT BETWEEN CITY OF MIAMI BEACH AND OCT a 8 2024 LEGAL SERVICES OF GREATER MIAMI, INC. THIS HOME AMERICAN RESCUE PLAN (HOME-ARP) PROGRAM AGREEMENT, entered into this _day of , 2024 ("Effective Date"), by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, (hereinafter referred to as the"City"); and the LEGAL SERVICES OF GREATER MIAMI, INC., a Florida not-for-profit corporation, (hereinafter collectively referred to as"Legal Services"). WHEREAS, the City is an the City is an entitlement recipient of U.S. Department of Housing and Urban Development ("HUD") grant funds for the Community Development Block Grant ("CDBG"), and HOME Investment Partnership programs ("HOME"), and the City expects to continue to receive entitlement funds from these grant programs to operate the City's housing and community development activities; and WHEREAS, on September 22, 2021, the City received notification from U.S. Department of Housing and Urban Development that the City was award $2,245,387 in HOME-American Rescue Plan ("HOME-ARP") funding; and WHEREAS, on July 24, 2024, the Mayor and City Commission approved a substantial amendment to the City's FY 24 One-Year Action Plan,to include the HOME-ARP funding; and WHEREAS, on March 14, 2024, 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: $100,000 for the Legal Services of Greater Miami- Miami Beach Housing Stability Program; and WHEREAS, on July 24, 2024, the City Commission adopted Resolution No. 2024-33187, approving the One-Year Action Plan for Federal Funds for FY24, providing HOME-ARP funds in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000) for Miami Beach Housing Stability Project to be provided by the Sub-Recipient as a Supportive Service("Program"). NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City and Sub-Recipient agree as follows: Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the following six (7) exhibits, all of which are attached and incorporated in this Agreement: • Exhibit A-Scope of Services • Exhibit B -Documentation • Exhibit C -Budget • Exhibit D - Financial Management for HOME-ARP-funded activities • Exhibit E- Report Forms • Exhibit F- Monitoring Tool • Exhibit G—HUD Compliance Forms Section 2. Statement of Work: The Sub-Recipient agrees to implement the Project in accordance with Exhibits A and B,which Project is summarized as follows: 1 of 31 Docusign Envelope ID:28986878-AC57-4979-83D8-3C6AANC228F Miami Beach Housing Stability Project To provide assistance to individuals and households who are homeless, at risk of homelessness, and other vulnerable populations, by providing direct legal services to remove barriers to housing access and stability and reduce homelessness in the City of Miami Beach,with a focus on North Beach (zip code 33141). Section 3, Agreement Amount: The City agrees to make available Home American Rescue Plan Grant (HOME-ARP) funds, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000)for use by the Sub-Recipient during the Term of the Agreement to be spent as agreed on Exhibit C — Budget following the rules for Financial Management for 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 S. 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 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 2 of 31 0ocusign Envelope f0:289B6878-AC57-4919-8308-3C6AA04C228F administration and to carry out each activity in compliance with the laws and regulations as described in 24 CFR Part 92, as same may be amended from time to time. Additionally, Sub-Recipient will comply with all State and local (City and County)laws and ordinances hereto applicable. ft shall be the Sub-Recipient's sole and absolute responsibility to continually familiarize itself with any and all such applicable Federal, State, County, and City regulations, laws, and/or ordinances. Section 9. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Section 10. Term: This Agreement shall commence retroactively on October 1, 2024 and shall terminate on September 30, 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. Section 11. Remedies for noncompliance: Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. As a result, Sub-Recipient shall incorporate in every contract executed as a result of this Agreement the following remediation options: "If Contractor fails to comply with Federal statutes, regulations or the terms and conditions of the Federal award, City may take one or more of the following actions, as appropriate under the circumstances: a. Temporarily withhold cash payments pending correction of the deficiency by the contractors/subcontractors. b. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. c. Wholly or partly suspend or terminate the Federal award. d. If contractor/subcontractor is noncompliant, City can request the Sub-Recipient to recommend HUD to initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency regulations. e. Withhold further Federal awards for the Project. f. Take other remedies that may be legally available". Section 12. Termination of Agreement: 12.1 Termination for Convenience: This Agreement may be terminated by the City, for convenience and without cause, through the City Manager, upon 30 days prior written notice to Sub-Recipient. In the event of such termination for convenience, the City shall cease any payments to Sub-Recipient for costs resulting from obligations which were not approved before the effective date of termination. Sub- Recipient shall be solely responsible for immediately returning any unused or unapproved Funds as of the date of termination, and shall also be solely responsible for submitting a final report, as provided in Section 5 hereof, (detailing 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 3 of 31 Docusign Envelope la 28986878-AC57-4919-,83D8-3C6AA04C228F unapproved or unused Funds, or incomplete Project items, and shall provide Sub- Recipient with written notice of any monies due. Said additional monies shall be due and payable immediately upon receipt of such notice by Sub-Recipient. Notwithstanding the preceding, the City reserves any and all legal rights and remedies it may have with regard to recapture of all or any portion of the Funds, or any assets acquired or improved in whole or in part with said Funds. 12.2 Termination for Cause: Notwithstanding Subsection 12,1 above, the City may also terminate this Agreement for cause. "Cause" shall include, but not be limited to,the following: a. Failure to comply and/or perform, in accordance with the terms of this Agreement, or any Federal, State, County, or City law or regulation. b. Submitting reports to the City which are late, incorrect, or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring and applicable HUD rules and regulations. The City shall notify the Sub-Recipient in writing when the Sub-Recipient has been placed in default. Such notification shall include: (i)actions taken by or to be taken by the City, such as withholding of payments; (ii) actions to be taken by the Sub- Recipient as a condition precedent to curing the default, if applicable; and (iii) a reasonable cure period, which shall be no less than thirty (30) days from notification date with respect to Subsections 12.2(a), (b), and (d). In the event the Sub-Recipient fails to cure a default under Subsections 12.2(a), (b), and (d)within the aforestated cure period, this Agreement shall be considered terminated for cause,without requiring further notice to Sub-Recipient, and Sub-Recipient shalt 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 ail 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 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: 4 of 31 Docusign Envelope ID:2898687B-AC57-4919-8308-3C6AAa4C228F a. The costs resulted from obligations which were properly incurred before the effective date of termination, were not in anticipation of it, and are noncancelable; and b. The costs would be allowable if the Agreement expired normally at the end of its Term. Section 13. Equal Employment OpportunitiesfNo 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 shalt 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. 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 5 of 31 Docusign Envelope ID:2898687B-AC57-4919-8306-3C6AAO4C228F 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, of 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; 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 of 31 Docusign Envelope(0:28986878-AC57-4979-8308-3C6AAQ4C228F 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 (8) 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 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: 7 of 31 Docusign Envelope f0:28986876-AC57-4919-8308-3C6AAQ4C228F (i) A full description of each protect 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 4_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 § 92.209th), 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 wilt 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: 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. 8 of 31 Docusign Envelope fD:289B687B-AC57-4919-6308-3C6AA04C228F In compliance with 2 CPR Part 200, Subpart F- Audit Requirements, if Sub- Recipient expends$750,000 or more during the non-Federal entity's fiscal year in Federal awards, the Sub-Recipient must have a single or program-specific audit conducted for that year in accordance with the provisions mentioned above and shall be submitted to the City 180 days after the end of the Sub-Recipient's fiscal year. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such closeout. b. Inspector General Audit Rights: 1) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections, and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. 2) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present, and proposed City programs, accounts, records, contracts, and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses, and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3) Upon ten (10) days written notice to the Sub-Recipient, the Sub-Recipient shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Sub-Recipient, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. 4) The Inspector General shall have the right to inspect and copy all documents and records in the Sub-Recipient's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors 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 9 of 31 Docusign Envelope ID:289B687B-AC57-4919-8308-3C6AAQ4C228F received, payroll and personnel records and supporting documentation for the aforesaid documents and records. 5) The Sub-Recipient shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: i. If this Agreement is completely or partially terminated, the Sub-Recipient shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Sub-Recipient shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. 6) The provisions in this section shall apply to the Sub-Recipient, its officers, agents, employees, subcontractors, and suppliers. The Sub-Recipient shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Sub-Recipient in connection with the performance of this Agreement. 7) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Sub-Recipient or third parties. Section 21. Conflict of Interest: The Sub-Recipient covenants that no person under its employ who presently exercises any functions or responsibilities in connection with HOME American Rescue Plan (HOME-ARP)funded activities has any personal financial interests, direct or indirect, in this Agreement. The Sub-Recipient covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Sub- Recipient covenants that it will comply with all provisions of§92.356"Conflict of Interest", and the Federal, State, County and City of Miami Beach statutes, regulations, ordinances or resolutions governing conflicts of interest. The Sub-Recipient shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. Section 22. Indemnificationllnsurance Requirements: The Sub-Recipient shall indemnify and hold harmless the City, its officers, employees and agents, from any and an 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 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 10 of 31 Docusign Envelope f0:2898687B-AC57-49t9-8308-3C6A404C228F 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. 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.) 11 of 31 Docusign Envelope(D:289B687B-AC57-4919-83138-3C6AA04C228F Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies(except Professional Liability and Workers'Compensation)arising out of work or operations performed on behalf of the contractor including materials,parts,or equipment furnished in connection with such work or operations and automobiles owned,leased,hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation- Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to the City of Miami Beach 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 Go EXIGIS Insurance Compliance Services P.O. Box 4668—ECM #35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeach a,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. 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- 12 of 31 Docusign Envelope 1D:2896687B-AC57-4919-8308-3C6AAa4C228F 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: a. Sub-Recipient shall comply with Florida Public Records taw 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, 13 of 31 Docusign Envelope ID:28986878-AC57-4919-8308-3C6AAa4C228F 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 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: 14 of 31 Docusign Envelope ID:2898687B-AC57-4919-8308-3C6PA04C228F 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 fisted 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: RAFAELGRANADOMIAMIBEACHFL.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.lf 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 with Sub-Recipient for cause, and City shall thereafter have or owe no further obligation or liability to Sub-Recipient. b.If the City has a good faith belief that a subcontractor has knowingly violated Section 27.1 of this Agreement, but the Sub-Recipient otherwise complied with such section, the City will promptly notify the Sub-Recipient and order the Sub- 15 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F Recipient to immediately terminate the agreement with the subcontractor. Sub- Recipient's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Sub-Recipient's contract for cause. c.A contract terminated under the foregoing Subparagraphs (a) or (b) is not in breach of contract and may not be considered as such. d.The City or Sub-Recipient or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (a) or (b) no later than 20 calendar days after the date on which the contract was terminated. e.If the City terminates the Agreement with Sub-Recipient under the foregoing Subparagraph (a), Sub-Recipient may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. f. Sub-Recipient is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this section. Section 29. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors,and assigns. [SIGNATURES TO FOLLOW] 16 of 31 Docusign Envelope ID:2898687B-AC57-4919-83D8-3C6AA04C228F 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 YY 1' p-Si ned by: 11tu44, Marti —Ih.eti , L y ec e`ary"" ' p o5in4E3.. Aleida Martinez-Molina Monica Viques-Ptan, Executive Director Print Name Print Name and Title 10/8/2024 I 10:21 AM EDT Date CITY OF MIAMI BEACH,FLORIDA a Florida municipal corporation ATTEST: _ 1 Signature Signature Rafael E. Granado, City Clerk Eric Carpenter,City Manager Print Name Print Name OCT 1 8 2024 Date is" APPROVED AS TO 4 FORM & LANGUAGE &FOR EXECUTION 1 , :IN(OR? HATED; , j i ,alte\---- 1010 1/Zs/ )1City Attorney - Date 17 of 31 Docusign Envelope ID:2898687B-AC57-4919-8308-3C6AA04C226F 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 2024 HOME-ARP Funds Subaward Period of Retroactively on October 1,2024—September 30, 2025 Performance: Budget: $100,000—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 Housin• and Communit Services. Prior to the 10th of every month starting the month after contract execution: • Progress Reports Due: • Accomplishments • Financial Budget Amendment June 30, 2025 Deadline At least sixty(60)percent of your allotted grant funds must be expended Expenditure Deadline by June 30, 2025 as demonstrated by the total value of reimbursements processed. National Objective Low-income clientele: Qualifying Population Project: Miami Beach Housing Stability Project Project Location: 4343 W. Flagler Street,Suite 100, Miami, FL 33134 Outreach and education activities, client intake, provision of legal advice and counseling, case preparation, and representation at judicial, Service: administrative, and appellate hearings and trials to individuals and households who are homeless, at risk of homelessness, and other vulnerable populations • 100 cases Units of Service: • Office Presence: Personnel will be available on-site at the office every Thursday during regular business hours to provide support • 3 Workshops/Presentations • Intake application including income eligibility, age and consents • List of services provided Deliverables: • Monthly report showing the number of cases opened and closed • Quarterly reports of outreach events, including number of attendees • Sign-in sheet from Workshops 18 of 31 Docusign Envelope ID:289B687B-AC57-4919-8308-3C6AA04C228F Requirements/Definitions: 1. Davis-Bacon Act Compliance The Davis-Bacon Act applies to contractors and subcontractors performing on federally funded or assisted contracts in excess of$2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. Affordable housing rehabilitation projects of eight (8) or more units using HOME-ARP funds must ensure Davis-Bacon Act compliance. 2. Certified Payroll Certified payrolls shall be submitted weekly for each week in which any contract work is performed in compliance with Federal Labor Standard Provisions. 3. Section 3 Any Agreement greater than $100,000 that involves rehabilitation, housing construction, or other public construction, requires compliance with Section 3 of the HUD Act of 1968. 4. Environmental Review Programs must have an Environmental Review unless they meet criteria specified in HUD regulations that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements(24 CFR sections 58.1, 58.22, 58.34, 58.35 and 570.604). No project funds will be advanced, and no costs can be incurred, until the City has conducted an Environmental Review of the proposed project site as required per 24 CFR 58. 5. Compliance with National Objective The Subrecipient must maintain documentation that demonstrates that the activities carried out with funds provided under this Contract meet one or more of the HOME-ARP program's national objectives: (1) benefit low/moderate income persons, (2) aid in the prevention or elimination of slums or blight, or (3) meet community development needs having a particular urgency, as defined in 24 CFR Part 570.208, specific documentation of which shall be maintained in the project file. 6. Income Verification Sub-Recipient will ensure and maintain evidence that activities assisted with HOME-ARP funds comply with the primary National Objective, "Benefit to Low- and Moderate- Income Persons" and will provide services or activities that benefit at least 51% low- and moderate-income persons. A low- or moderate-income household is defined as: a household having an income equal to or less than the HUD income limits. Sub-Recipients are responsible for using the most current income limits. Sub-Recipient may utilize the CDP Income Eligibility Calculator provided at https://www.hudexchange.info/incomecalculator/ to determine the Household eligibility. It is the responsibility of the Sub-Recipient to become familiar with this tool. 7. Budget Amendments The goal should be to limit the use of Budget Amendments. Budget Amendments require prior written approval by the City Manager. 19 of 31 Docusign Envelope lD:2898687B-AC57-4919-8308-3CBAAO4C228F 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. 8. Employee File Review The following documentation must be included in the Sub-Recipient's file for those employees providing services under this contract as applicable. • Current Florida Driver License • Resume with evidence of Required Experience • State of Florida Board Teacher Certification/License, if applicable • Administrative Rule 6a-4.01795 - ESE education/experience, if applicable • Childcare Affidavit of Good Moral Character • Level 2 Florida Background Criminal Screening • Child Abuse and Neglect Reporting Requirement • Data Confidentiality Agreement • 1-9 Verification on File • HOME-ARP Training Certificate 9. Evaluation In its continuing effort to ensure contract compliance and performance, HCD will evaluate the Sub- Recipient in its fulfillment of the terms of this Agreement including, but not limited to, the following measures: • Agreement compliance • Accuracy and timeliness of Financial Reports • Accuracy and timeliness of Progress Reports • Adherence to Project timelines and Technical Assistance and Sub-Recipient Instructions • Fulfillment of prescribed outcomes 10. Monitoring&Performance Reviews City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. Monitoring visits will take place within 120 days of the Agreement's execution date. City will notify Sub-Recipient a minimum of three(3)business days prior to a monitoring visit. 11. Compliance with Local Rules, Regulations,Ordinances and Laws The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active business license) in addition to those specified in the body of the Agreement. In addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due the City prior to Agreement execution 12. Rent Roll Submissions Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within thirty (30) days of meeting the National Objective and every year thereafter for a minimum of fifteen (15) years in adherence with the affordability period required with use of these funds. For completed projects, certified tenant rolls must be submitted annually by November 1st. 20 of 31 Docusign Envelope 4D:28986878-AC57-49'ti9-83D8-3C6M04C228F 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 used to provide housing for low-and moderate-income persons at affordable rents. The affordability period for the project will be 50 years. 14. Restrictive Covenant The Subrecipient shall be responsible for executing an Agreement of Restrictive Covenants that will ensure the assisted units remain affordable without regard to the term of any mortgage or the transfer of ownership for not less than the appropriate term described in the previous paragraph. The period of affordability for this project is fifty (50) years regardless of repayment of loan and/or transfer or sale of the Project Property or any portion thereof. 15. Reporting Requirements Progress Report — The Sub-Recipient is required to submit a Project Progress Report via Neighborly software, as indicated in the Scope of Services. Even if no clients are served during any particular reporting period and/or no grant funds have been expended, the subrecipient is still required to complete and submit the Progress Report, explaining any issues and/or challenges related to the program. Reports are divided into two sections: • Part 1 - Accomplishments — The report will detail the demographics of the Project beneficiaries regardless of the service being provided. In order to avoid duplication, beneficiaries are only to be reported once after the first time a service is provided. Sub- Recipient is to report only the new clients (people) benefiting from the Project in each report with the Accomplishment Report matching race, income and other information requested. • Part 2— Narrative and Supporting Documentation - The report summarizes the progress made during the reporting period, including photos and Units of Service completed. The report should detail accomplishments compared to the annualized goals set for the activity or program. • Financial Report— Funding provided under this Agreement is available on a reimbursable basis. Reimbursement of funds under this Agreement may be requested only for necessary, reasonable, and allowable costs described in the Budget. Draws shall be submitted via Neighborly Software once a month. The report delineates Project expenses incurred and must include the corresponding evidence of expenses incurred for any Project related expense which is being submitted for reimbursement as detailed in Exhibit "B" Documentation. Exhibit "E" shall be completed for each draw request and included uploaded to Neighborly Software along with all back-up documentation. City is only to reimburse expenses related to the provision of services related to this Agreement. Reports will not be considered acceptable unless the following is met: • Forms are completely and accurately completed including draw number and submittal date • Necessary back-up materials are included (as stated in Exhibit"B" Documentation.) • Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory 16. Timeliness of Reimbursement Requests Reimbursement requests must be submitted no later than sixty(60)days from the incurrence of the expense. The City will strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are submitted to the City in a timely manner. 21 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F 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. Sub-Recipient must retain and include the following rationale and documents supporting any acquisition of goods and services that are being charged to this Project in compliance with 2 CFR 200 Subpart D, Procurement Standards: • Rationale for the method of procurement; • Selection of contract type; • Contractor selection or rejection; and • Basis for the contract price. 18. Professional Services Contracts No part of this Agreement may be assigned or subcontracted without the prior written consent of the City, which consent, if given at all, shall be at the City's sole discretion and judgement. Professional services funded through this Agreement must adhere to procurement guidelines as appropriate and have executed written Agreements between the Sub-Recipient and the respective Vendor. Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts must be submitted to the City prior to reimbursement request. 19. 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. 22 of 31 Docusign Envelope ID:28986878-AC57-4919-83D8-3C6AA04C228F EXHIBIT"B" "Documentation" The Sub-Recipient agrees to provide the following documents as part of its reporting requirements: To document insurance coverage: Copy of insurance policy or binder (with proof of payment) with limits and scope of coverage adding the City of Miami Beach as additional insured The Sub-Recipient agrees to maintain the following documents as part of its requirements: To document service: • Intake&screening forms must include: • Name • Date of birth • Beneficiary's address • Demographic information as required in the HOME-ARP Accomplishment Form • Executed client consent Agreement to receive services • Program enrolled • Verify information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low- and moderate-income limit. • Any additional documents as requested by the City The Sub-Recipient agrees to provide the following documents as part of its reporting requirements: To document expenses incurred: Supporting documents to be submitted with the Monthly Finance Report are as follows: • Salaries related expenses: • Daily attendance logs—Time-sheets • Electronic payroll ledgers with corresponding bank transactions(statement) • Cancelled checks • Form 941 —Employer's Quarterly Federal Tax Return • Unemployment payment • Any additional documents as requested by the City • Fringe Benefits related expenses: • Bank statements • Worker's Compensation invoice, policy and cancelled check • Any additional documents as requested by the City • Operating Expenses: • Detailed invoices/bill • Cancelled checks and/or Bank statements • Any additional documents requested by the City 23 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F EXHIBIT"C" "Budget" The attached budget reflects the scope of expenses that may be incurred through this Agreement. Exhibit-C"Bridget MI A M I B E A C H NOME.ACP 2024 Project Budget Miami Beach Mousing Stab.bty Sub-Recipient: Legal Services of Greate•Miami.Inc Project: Protect Please list all items that will be reimbursed by the City of Miami Beach. Line Item • Personnel(Employees Only).List Position Title ,;,,_ ;.;i_r Attorney Pool v $ 36.33800 $ 36,338.00 Paralegal Pool S 3,834 00 S 3.834.00 Seaetary Pool S 4,021.00 S 4,021.00 Spanish Translator S 1.534.00 S 1.534.00 Law Clerk S 2.67500 S 2,675.00 AoministrativeSupport S 16.67500 S 16.675.00 Benefits S 13.009 00 S 13 00900 5 78.086.00 S 78.086 00 Operating Expenses-Category Totals Audit $ 349 00 5 349.00 Computer Equipment&OnuneFees 5 1.63400 S 1.63400 Contract Services Program S 3.998.00 5 3,998 00 Dues ana Fees S 632.00 S 632 00 Equipment Rental&Maintenance $ 545 00 S 545.00 Insurance S 744 00 S 744.00 IT Services 5 1,90700 S 1.90700 Law Liorary 5 545.00 S 545.00 litigation 5 1.41600 5 1,416.00 Office Supplies $ 370 00 5 370 00 Other S 1.013.00 $ 1013.00 Postage S 10900 S 109.00 Telecommunications $ 567 00 S 567.00 Training $ 872.00 S 872.00 Travel $ 545 00 $ 545 00 Space S Utilities(Main) S 6.668.00 S 6.668 00 Operating Expenses Category Totals S 21.914.00 5 21 914 00 Capital Equipment Costs S Capital Equipment Costs Category Totals 5 S Professional Services Professional Services-Category Totals 5 S Other Costs Other Costs-Category Totals 5 Protect Total.All Categories _ 100.000 00 S 100.000 00 24 of 31 Docusign Enve4ope 4D:2898687B-AC57-4919-83D8-3C6AAO4C228F EXHIBIT"O" "Financial Management" To comply with Federal regulations, each program must have a financial management system that provides accurate, current and complete disclosure of the financial status of the activity. This means the financial system must be capable of generating regular financial status reports which indicate the dollar amount allocated for each activity (including any budget revisions), amount obligated (i.e., for which contract exists), and the amount expended for each activity. The system must permit the comparison of actual expenditures and revenues against budgeted amounts. The City must be able to isolate and to trace every HOME-ARP dollar received and prove where it went and for what it was used. The City is responsible for reviewing and certifying the financial management of any operating agency, which is not a City department or bureau, in order to determine whether or not it meets all of the above requirements. If the agency's system does not meet these requirements and modifications are not possible, the City must administer the HOME-ARP funds for the operating agency. Support for Expenditures Sufficient support for expenses depends on the type of expenditure. They normally include the following items: • Salaries - Should be supported by proper documentation in personnel files of hire date, position, duties, compensation, and raises with effective date, termination date, and similar type information. Non-exempt employees are required by law to complete a timesheet showing number of hours they worked during the day. All employees paid in whole or in part from HOME-ARP funds should prepare a time sheet indicating the hours worked on HOME-ARP projects for each pay period. Based on these time sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution of payroll charges should be prepared and placed in the appropriate files.) • Employee Benefits-Should be supported by personnel policies and procedures manual, describing the types of benefits, eligibility and other relevant information.) • Professional Services - Should be supported by a complete and signed copy of the contract between the Sub-Recipient and the independent contractor, describing at the minimum, period of service, type of service and method for payments, in addition to the invoice from the private contractor. • Purchases - At a minimum, purchases should be supported by a purchase order, packing list and vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not represent support for an expense. Records Accounting records must be supported by source documentation. Invoices, bills of lading, purchase vouchers, payrolls and the like must be secured and retained for five (5) years in order to show for what purpose funds were spent. Payments should not be made without invoices and vouchers physically in hand. All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of five (5) years, with access guaranteed to the City, to HUD or Treasury officials or their representative. Audits Sub-Recipient shall adhere to the following audit requirements: 1. Audits for Federal Awards in excess of$750,000 in a fiscal year. If the Sub-Recipient expends $750,000 or more in the fiscal year in Federal awards it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and 2 CFR Part 200.501. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the 25 of 31 Docusign Envelope lD.2896687B-AC57-4919-8308-3C6AAo4C228F procedures. Further the auditor shall determine whether the Sub-Recipient has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt of the auditor's report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor's report and the corrective action plan. The auditor's report shall include: • An opinion (or disclaimer of opinion)as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion(or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. • A report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. • A report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the Sub- Recipient complied with the laws, regulations,and the provisions of contracts and this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. • A schedule of findings and questioned cost which shall include the requirements of 2 CFR Part 200.501. 2. Audits for Federal Awards under$750,000 in a fiscal year. If the Sub-Recipient expends less than $750,000 in the fiscal year in Federal awards it is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the Sub-Recipient to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or disallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings,such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. 26 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F EXHIBIT"E" "Report Forms" M I A M I BEACH Monthly Financial Report Sub-Recipient: City of Miami Beach Office of Housing and Community Service: Project: Miami Beach Housing Stability Project Funding Source: HONE-ARP Funding Fiscal Year: 24125 ......e.s_...........«._.: Draw Number: fle•imbur some-not Summ wry Expense Category Grant Award 4vailable Balance This Request Personnel:xpenses $ 78,086.00 $ 78,086.00 $ - Operating Expenses $ 21,914.00 $ 21,314.00 $ - Capital/Equipment Expenses $ - $ - $ - ProfessionaIServicesExpenses $ - $ - $ - Other Expenses S - $ - $otal Reimbursement Request $ - Sub-Recipient Certification In accordance with Section 7 of the contract between the City and the S'ub-Recipient: The Astoes..atzin o• der the Ft..xl-onOi)bum ACV JAI a r of be irocifeinerAid in haf In ar_.coerlance with Serrinn R of the contract between the City anti the Stib-Res wen►• The Sib-igecOianr.igniestvi with Feae76ivitrnvidi/a.vaPMdh!v# v,.oa;Frty A3170 fai ictr06.7n Ale ti Oa ea.le-Y1 s&-flint,. c ace with the law.--and ntyrwtitt�ie.s >is 4.1614.:s ' ./a7 24 CPR 57?Sc4r rnev be Jimenolivid/ytin tins.to bine. sle�fiixa the 5.45-fi3 c wit oeta4v with at.Sint Jed had/Corey lawrxv/ �tv�.a,7iot la/k'a�/rev�an,.$ p/+i:Jb e In accordance with Attachment IV of the contract between the City and the Sub-Recipient, the .ti- sOmentl7M/s7t,-ixlar with the�Y yvveinfiv eilck,criient Jtx. CcYXr3C.m opp4vrZ7J.itY vnaf.as n'JSNP Jv7c> abc7vyYd✓kJG'i�i. In accordance with Attachment IV of the contract between the City and the Sub-Recipient, the Sc b-F,A:04w v etb andmaruan.reai vae,-*that with hCO/tinoSr liven d'Oy coat ly. the stisteeiNiclona'G actritA Signature of Preparing Party Signature of Authorizing Party Name Name: Date: Date 27 of 31 Docusign Envelope fD:2898687B-AC57-4919-8308-3C6AA04C228r= REIMBURSEMENT SUMMARY Reimbursement Detail Personnel Ex• nses S S S S S S O•eratin' Expenses $ S S $ CapitaUEqui pment Expenses S S S S Professional Services Expenses S S S $ S Other E xpenses S $ S $ S 28 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F EXHIBIT"F" "Monitoring Tool" City/of Miami Beach HOME ARP Prejam Sub-Pediment On-Site Monitoring Checklist Supportive Ser:ices Sub-Recipient On-Site Monitoring Checklist HOME-ARP Supportive Services Subrecipient: Piglet Name: Pr ( Manaer: s: Phone:ail: Em : me(s)of Reviewer(s) IMION I Date of Monitoring Visit 1 General Administration: Contract Scope of Work—Is the full scope of services listed in the ® C3 0 contract files. Veer No N/A List any Deviation: Levels of Accomplishments—Is the project achieving the expected levels ® 0 0 of performance(number of persons served etc.)and reaching the intended Yes No N/A client group?. Comments: Timely Performance—Is the work being performed in a timely manner Q 0 Q (i.e.,meeting the schedule as shown in the Scope of Work)? re: No N/A Comments: 29 of 31 Docusign Envelope ID:289B687B-AC57-4919-8308-3C6AA04C228F Budget-Do actual ex eathn tes match planned expenditures Q 0 o Yes No N/A omments: Requests for Payment-Are payment requests being submttted in a timely 0 a 0 manner' Yes No N/A Comments: Requests for Payment-Are payment requests consistent with Ievel of 0 a a work accomplished" vex No N/A Comments: Progress Reports-Have prowess reports been submitted in a timely a a a manner' Ves No N/A Comments: Progress Reports-Are progress reports complete and accurate' a 0 a Yes No N/A Comments: Special Conditions-Does the project conform to any special terms and a conditions included in the agreement? Yes No N/A omments: pub-R.ecrpieut On-Site Monitortne Checklist ci0.`YlE-_R2 Supportive Services 30 of 31 Docusign Envelope ID:289B687B-AC57-4919-8308-3C6AA04C228F _1 ible Costs tithe project description in the approved grant application shows that the recipient would provide the particular type of supportive service listed below,were the grant funds expended for the costs of supportive services limited to the hated costs including the staff and overhead costs directly related to carry-mg out the costs of: a One-time moving costs? NOTE: Truck rental and hiring a moving company are eligible costs. vas No N/A [24 CFR 57S.53(eX2);24 CFR 578.103(aX9)) lb. Case management? a El 0 [24 CFK 575.53(eX3);24 CFR 57S.I03(aX9)J Yes No N/A cbildsaEA'_ ® Q 0 [24 CFR 575.53(eX4);24 CFR 578.I03(aX9)J Yes No N/A a. Education services? 0 12 [24 CFR 575.53(eX5);24 CFR 57S.I03(a)(9)J Yes NO N/A e. Employment assistance and job training? CI ® 1 [24 CFR 575.53(eX6);24 CFR 573.103(aX9)] Yes NO N/A Foad? gi CI CI [24 CFR 575.53(eX7);24 CFR 575.103(aX9)] Yes No N/A g Housing search and uxmsrimg service? a El 0 [24 CFR 518.53(eX3);24 CFR 575.103(aX9)] Yes No N/A ft. Legal services? El 0 [24 CFR 575.53(eX9);24 CFR 575.103(a)(9)] Yes No N/A i Life skills training? 0 CI 0 [24 CFR 575.53(eX10):24 CFR 575.103(aX9)] Yes No N/A l- 0 Q 0 Yes No N/A k Mental health services provided by licensed professionals? a 0 El [24 CFR 575.53(eX1l):24 CFR 578.103(aX9)1 Yes No N/A Outpatient health services provided by licensed medical gufecgnnal ? ® a [24 CFR 575.53(eX12);24 CFR 575.103(aX9)] Yes No N/A tn. Outreach services? 0 13 [24 CFR 578.53(eX13);24 CFR 575.103(aX9)J Yes No N/A Sub-Reapient OnSite'vloiutormg Check1t i HOME-.ARP Supportive Services 31 of 31 Docusign Envelope t0:2896687B-AC57-4919-8308-3C6AA04C228F n. Substance abuse treatment? e a NOTE: Inpatient detoxification and other inpatient drug or alcohol re. No N/A treatment are ineligible. [24 CFR.578.53(eX14);24 CFR 578.103(aX9)) o. Transportation: Costs of program participants'travel on public 0 a transportation or in a vehicle provided by the recipientisubrecipient(s) rr No N/A to from medical care,employment,rhild rare or other eligible supportive sentices? `24 CFR 578.53(eX15Xj);24 CFR 578.103(aX9)) p. Transportation Costs of mileage allowance for service workers to visit a program participants? re. No N/A [24 CFR 578.53(eX15Xu),24 CFR 578.103(aX9)1 q. Transportation: Costs ofpurchasina or leasing a vehicle in which staff a Q transports program participants and/or staff serving program re. No N/A participants? [24 CFR 578.53(eX15Xiii);24 CFR 578.103(aX9)l r. Transportation: Costs of gas,insurance,taxes,and maintenance for a vehicle transporting staff serving program participants? Yes No AVA 124 CFR 578.53(eXl5Xiv),24 CFIt 578.103(aX9)1 s. Transportation: Costs of recipient or subrecipient staff to accompany or a assist program participants to use public transpo ation. re. No N/A [24 CFR 578.53(eX15Xv);24 CFR 578.103(aX9)1 t Participant's vehicle repairs: A one-time payment for car repairs or d maintenance where public transportation did not exist or was re. No N/A insufficient? (24 CFR 578.53(e)(15Xvr);24 CFR 578.103(aX9)) u Participant's vehicle repairs: Costs did not exceed 10 percent of the Blue Book value of the vehicle? re. No N/A S24 CFR 578.53(eXI5XviXA);24 CFR 578.103(aX9)1 v. Participant's vehicle repairs: Costs were paid by the recipient' a C subrecipient directly to the third party that repairs or maintains the car? Yam. No N/A [24 CFR 578.53(eX15XviXB);24 CFR 578.103(aX9)l w. Participant's vehicle repairs: If recipient or its subrecipients required lea is program participants to share in the cost of car repairs or maintenance asi Yes No N/A a condition of receiving assistance with car repairs or maintenance,did the records document the program participant's contribution' [24 CFR 5 78.53(eX15XviXC);24 CFR 578.103(aX9)] x. Utility deposits: A one-time fee paid directly to the utility companies? d d ri (24 CFR 578.53(0(16);24 CFR 578.103(aX9)) Yes No N/A Sub-Recipient On-Site Monnormg Checklist HOME-ARP Suppcxtive Services 32 of 31 Docusign Envelope f0:289866713-AC57-4919-8308-3C6AA04C228F 'y. Mediation Costs necessary to prevent the program participant from ' a a losing permanent housing m which the program participant ctarently re. No N/A resides? [24 CFR 576.105(bx3)] z Credit Repair: Counseling or other services necessary to assist program D (3 a participants with critical stalls related to household budgeting manaerng us No N/A money,accassmg a free personal credit report,or resolving personal credit problems?This assistance does not include the payment or modification of a debt. [24 CFR 576.105(bx5)] aa. Financial Assistance Costs(Rental Housing Application Fees): Application fees that is charged by the owner to all applicants. [24 CFR 576.105(a)(1)] Yes No N/A bb.Financial Assistance Costs(Security Deposits): Were security deposit-7-0 0 paid for equal to no more than 2 months'rent? Yes No N/A cc. Financial Assistance Costs(Last Months Rent)7Were costs for the last® Q 0 month's rent paid Yes No N/A i. necessary to obtain housing for a program aancanant ii. paid to the owner of the housing at the time the owner was paid the security deposit and first month's r iii. less than or equal to one month's rent and iv. included in calculating the program participant's total rental assistance? 124 Crx 576.]O5(a)(3)) , ad.Financial Assistance Costs(Utility Deposits): Were utility deposits paid E for eligible types of utility services(gas,electric,water,and sewage) and required by the utility company for all customers.' Yes No N/A [24 CFR 576.105(ax4)] ee.Financial Assistance Costs(Utility Pav meats):Were utility payments ® a paid: i. within the limit of 24 months of utility payments per program Yes No N/A participant,per service,including up to 6 months of utility payments in arrears.per•rrtiwr il. only provided when the program participant or a member of the same household has an account in his or her name with a utility company or proof of responsibility to make utility payments;and iii. only for eligible types of utility services(gas,electric water,and sewage)? [24 CFR 576.105(ax5)] if. Financial Assistance Costs(Moving Costs): Were moving costs paid 1. gi for with HOME-ARP funds only for moving-related activities such as truck rental,hiringy a moving compan and temporaryallowable Yes No N/A Sub-Recipient On-Site Momtormg Checklist HOME ARP Supportve Services 33 of 31 Docusign Envelope ID:289B6876-AC57-4919-83D8-3C6AAQ4C228F storage fees(up to 3 months,few accrued after the date a program participant began receiving services and before the program)participant res No N/A moves into permanent housing,and excluding storage fees in arrears)'' [24 CFR 576.105(a)(6)] fig.Rental Assistance(Rental Arrears): Were the rental arrears paid for 0 • with HOME ARP finals one-tune payments that did not exceed 6 mouths of rent in arrears(including arty late fees on those arrears). Yea No N/A 124 CFR 576.106(aX3)] Comments: SHORT-AND NEEDILTMI-TERMA TAL ASSISTANCE .ental Assistance(Limit): Did each program participant's total rental El assistance,including any rental arrears and last month's rent,stay within the NNoo limit of 24 months wing any 3-Year period? [24 CFR 576.106(a)] Comments: Dental Assistance(Use with Other Subsidies): Except for a one-time ® N payment of rental arrears on the tenant's portion of the rental payment,did the provision of rental assistance exclude: Yet No N/A a. program participants who were receiving tenant-based rental assistance or living in a housing unit receiving protect-based rental assistance or operating assistance through other public sources;and b. program participants who were provided with replacement housing payments under the LIRA during the period of time covered by the URA payments? [24 CFR 576.106(c)] Comments: �2eutal Assistance(Fair Market Rent and lent Re asonableztess2: Did the ions recipient and its subrecipients ensure that rental assistance was only vas No N/A provided to units for which the rent complied with HL'D's standard of rent Feasonableness and did not exceed the applicable Fair Market Rent' NOTE:For this purpose.rent equals the sum of the total monthly rent for the unit,any fees required for occupancy under the lease(other than late fees and pet fees)and,if the tenant paid separately for utilities,the monthly allowance for utilities Sub-Recipient On-Sae Monttormm Chick)i HOME-ARP Suppcative Services 34 of 31 Docusign Envefope ID:2896687B-AC57-4919-6308-3C6AA04C228F (24 CFR 576 106(dXI);24 CFR 576.106(dx2);24 CFR 576.500(0 Comments: Rental Assistance(Rental Assistance Azreementl Does the documentation o o a show that the recipient or its subrecipients entered Into a rental assistance Yes No N/A agreement with each owner before providing the owner with rental assistance payments,including rental arrears? 124 CFR 576.106(e);24 CFR 576.500(h)) Comments: 'Rental Assistance(dental Assistance Agreement): Did each rental CI CI IS assistance agreement: a. set forth the terms under winch rental assistance will be provided, re. No N/A including the requirements that apply under 24 CFR i761 . b. provide that during the term of the agreement;the owner must give the recipient or its subrecipient a copy of any notice to the program participant to vacate the housing umt,or any complaint used under sate or local law to commence an eviction action against the program participant;and c. contain the same payment due date,grace period,and late payment penalty requirements as the program participant's lease? '4 CFR 576.106(e);24 CFR 576.106(1)j Comments: r . •. Assistance(Payments): Did the subrecipient make timely payments Ea •each owner in accordance with the rental assistance agreement? Yes No N/A 24 CFR 576.I06(0j onsmestts: Rental Assistance(Payments): Did the recipient and its subrecipients pay ® 0 arty late payment penalties that they incurred only with non-HOME-, RP funds(i.e.,no 13O1.,IE-ARP finds were used to pay late payment penalties r" Nc h7A incurred by the recipient or subrecipient)? [24 CFR 576.106(1) Comments: Sub-Recipient On-Site Monitoring Checklist HOME-ARP Support VP Services 35 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F dental Assistance(Leases): a. Does each program participant receiving rental assistance have a file Yes No N/A that contains a legally binding,written lease between the program participant and the owner of the property or his her agent for the rental unit;OR b. If the assistance was solely for rental arrears for a program participant who had an oral lease agreement in place: (1)does each agreement give the program participant an enforceable leasehold interest under state law,and (2)are the agreement and rent owed sufficiently documented by the owner's financial records,rent ledgers,or canceled checks? [24 CFR 576.106(g);24 CFR 576.500(h)] Comments: Rental Assistance(Rental Anears): Were the rental arrears paid for withri HOME_ARP funds one-time payments that did not exceed 6 months of rent ® Q No N/A in arrears(including any late fees on those arrears)? r24 CFR 576.106(ax3)] Comments: Sub-Recipient On-Sue Monitormg Checklist HOME-ARP Supportive Services 36 of 31 Docusign Envelope ID:28986878-AC57-4919-8308-3C6AAQ4C228F Record-Keeping Systems Piling System—Are files orderly,comprehensive,vl-tn-t to secured for El ri confidentiality? Yes No N/A Comments; Documentation—Do the records demonstrate that the sub-recipient had written intake procedures in place to ensure that documentation ofprogram • No N/A participants'qualifying population status? Comments: Documentation—Do the records demonstrate that the written intake El El el procedures require obtaining documentation at project intake of the evidence relied upon to establish and verify qualifying population status' Yes 11O N/A Comments: Documentation—Do the sub-recipient's written intake procedures establish RI • the order of priority for obtaining evidence of homelessness as1)third- Yes No N/A party documentation(2)intake worker observations;and(3)self- certification? Comments: Documentation—Do the participant files include documentation that verifies qualifying population status?(HOME ARP Quahfving Populations: Yes No N/A Dort taboo Rrnimements for examples.) Comments: Sub-Recipient On-Sue MonitoringChecklist HOME-ARP Supporeve Services 37 of 31 Docusign Envelope fD:28986876-AC57-49t9-83D8-3C6AAO4C228F Record Retention—Dos sub-recipient have a records retention policy and a Q a procedure' Yes No N/A Comments: sa. f. Site Management—Is a project manager located on-site and naming day- 0 0 to-day operations? Yes No N/A Comments: Site Management—Does staff seem fully informed about the program El 0 0 requirements and project expectations Yes No N/A Comments: Financial Management Systems Internal Control Systems—Are there have accounting policies and 0 a a procedures for cash,real and personal property,egttrpment and other Yei No N/A Comments: � Internal Control Systems—Are there written policies,procedures or 0 0 0 gindelinac in reference to approval authonty for financial transactions and Yes No N/A recording of transactions and is there a system in place for adequate separation of duties regarding financial transactions Comments: Internal Control Systems—Are records maintained that indicate bow L HOME-ARP program funds are used? Yes No N/A omments: Sub Recipient On.Srtc.Nknitormg Checklist HOME-ARP Supportive S3vicr: 38 of 31 Docusign Envelope ID:2898687E-AC57-4919-8308-3C6AA04C228F Components of Financial Management System-Are eth-rerinjrnrz ® 0 0 chart of accounts,journals,ledgers,reconciliation,data processing and reporting system up-to-date? Yes No N/A comments: Ar Components of Financial?fanageareat System-Is there a separate 0 i account for HOME_ARP or other Federal funds? Yes NO N/A Comments: Accoantiag-Are appropriate receipts and supporting documentation on ono file for all reimbursement requests? Ye. NQ N/A Comments: Eligible,Allocable,and Reasonable Costs-Does protect delivery costs 0 0 appear to be reasonable and eligible under the HOME-ARP Program? Yes NO N/A Comments: -Rndget Control-Are all drawdo«ns of HONE-ARP finds properly 0 is recorded? Yes No N/A comments: t Draisdown Procedures-Are all drawdonns of HOME-ARP fiords 0 0 0 properly recorded? Ye: No N/A Sub-Recipient On Site Monitoring Checklirt HOME-AR?Supportive Services 39 of 31 Docusign Envelope ID:289B687B-AC57-4919-83D8-3C6AA04C228F Comments: IPA Audit Reports—Has the sub-recipient expended S'•50.000 or more in 0 0 0 Federal funds for the program year'' Yes No N/A If yes,date audit conducted Are there any findings related to HOME-ARP Activities?If vet,explain 0 0 0 Yes No N/A Comments: Sub Recipient On-SAe Mouitorme Chrrk:izt 12 HOME-ARP Supportive Services 40 of 31 1 Docusign Envelope fD:28986878-AC57-49t9-8308-3C6AA04C228F Insurance 'Certificate of Insarance-Has the sub-recipient submitted a current copy t d Q Q of the Certificate of Insurance with the City named as additional insured? Yee No N/A Comments: Procurement ftocurement Procedures-Does sub-recipients'procurement procedures Q 0 0 and policies meet HOME-ARP and Cttp requirements? Yes No N/A Comments: tan Conflict of Interest-Does the sub-recipient have a method to assure there t t o 0 is no conflict of interest,real or apparent? Yes No N/A Comments: Equipment and Real Property..-Has the sub-recipient purchased ® ® CI equipment with HOME-ARP fends to excess of$1,000? Yes No N/A des,does the sub-recipient maintain records for such equipment purchases Comments: `on-Discrimination and Actions to Further Fair Housing Lion-Discrimination-Does the sub-recipient comply with the fotlowine 'e¢ulationsrequirements? Sub-Recipient On-Site Monitoring Checklist HOME ARP Supportive Services 41 of 31 Docusign Envelope ID:289B687B-AC5T-4919-8306-3C6AA04C228F -Rqual Employment Oppotttmi:ty(`-0.506,601,&602) a a al Vas No N/A fair Hawing Compliance[(510.904&570.6o (b)) a a a Yoe No N/A -Requirements for Disabled Persons[§504(24 CFR 8.6)) a a Yes No N/A Women and MinontvBusiness Enterprises[570.:06(g),85.36(e),&84.4-11'0 0 0 Yes No N/A Comments: Conclusion and Follow Up —Is the sub-recipient meeting the terms of the Agreement and HC,T) 'El a 0 regulations? Yes No N/A Comments: f'�Pw Are corrective actions needed' 0 0 Yes No N/A Comments: Is technical assistance or additional training needed' ® a 0 Yes No N/A torments: Sub-Recipten¢Orb.Site Monttotme Ched i-t HOME-ARP Supportive services 42 of 31 Docusign Envelope ID 6CgEDE00-0162-4546-A9A8-7C098F6307F 0 BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The Contractor certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan. or cooperative agreement, the Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Contractor shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. CcooS,Sor: Authorized Representative (Name). � UOIAts—pifa , Claudia Abreu �af�'FSigne°�k' Autt101 adrRepresentative (Signature): 10/14/2024 I 12:19 PM EDT 0Aulia at9VUA ` 3ooAo4cxocr423 Docusign Envelope ID:6C9EDE00-0162-4546-A9AB-7CD9BF6307F0 SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C, and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C, and 2 C.F.R. pt. 3000, subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.' By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. r CgrjUor: Authorized Representative (Name): Claudia Abreu u&t,s-Ptft 6afe Sig°rye ' Auglpj-4ugepresentative (Signature): 10/14/2024 I 12:19 PM EDT /1 _. /;tt RESOLUTION NO. 2024-33187 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE ONE-YEAR ACTION PLAN FOR FISCAL.YEAR 2024 FOR FEDERAL FUNDS,WHICH INCLUDE THE BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, IN THE AMOUNT OF $889,998.00, AND THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM, IN THE AMOUNT OF $508,242.00; AND AUTHORIZING THE CITY MANAGER TO: (1)ALLOCATE CDBG FUNDING TO THE FOLLOWING PROGRAMS: (I) $14,000.00 TO UNIDAD OF MIAMI BEACH, INC. PROJECT LINK; (II) $35,000.00 TO BOYS AND GIRLS CLUBS OF MIAMI- DADE; (III) $21,638.00 TO AYUDA, INC. - HERE FOR YOU PROGRAM; (IV) $14,440.00 TO UNIDAD OF MIAMI BEACH, INC. SENIOR RECREATION AND LANGUAGE PROGRAM; (V) $25,200.00 TO FRIENDSHIP CIRCLE MIAMI BEACH AND NORTH DADE, INC. SUNDAY CIRCLE PROGRAM; (VI) $15,000.00 TO CITY OF MIAMI BEACH OFFICE OF COMMUNITY SERVICES GROCERY PROGRAM; (VII) $8,221.00 TO BUDDY SYSTEM MIA, INC. FOOD DISTRIBUTION PROGRAM; (VIII) $50,000.00 FOR TENANT RELOCATION COSTS; (IX) $454,500.00 TO AN AFFORDABLE HOUSING REHABILITATION PROJECT AND/OR ACQUISITION PROJECT; (X) $50,000.00 TO HISPANIC BUSINESS INITIATIVE FUND INC. D/B/A PROSPERA FOR SMALL BUSINESS ASSISTANCE (XI)$24,000.00 TO WEECARE, INC. D/B/A UPWARDS FOR THE BOOST PROGRAM; AND (XII) $177,999.00 FOR PROGRAM ADMINISTRATION, OF WHICH $20,000.00 SHALL BE ALLOCATED TO HOUSING OPPORTUNITIES PROJECT FOR EXCELLENCE, INC.(HOPE, INC.) FOR U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)- RELATED FAIR HOUSING SERVICES; AND (2) ALLOCATE HOME FUNDING TO THE FOLLOWING (I) $381,182.00 TO TENANT-BASED RENTAL ASSISTANCE; (II) $76,236.00 TO A COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO); AND (III) $50,824.00 FOR PROGRAM ADMINISTRATION; AND (3) TRANSMIT TO HUD A SUBSTANTIAL AMENDMENT TO THE HUD FY 2021 ACTION PLAN, REALLOCATING $112,269.35 OF EXISTING HOME AMERICAN RESCUE PLAN (HOME-ARP) FUNDING FROM NON-PROFIT CAPACITY BUILDING FUNDS TO SUPPORTIVE SERVICES, THEREBY INCREASING THE TOTAL ALLOCATION FOR SUPPORTIVE SERVICES TO $508,578.95, OF WHICH $100,000.00 WILL BE ALLOCATED TO LEGAL SERVICES OF GREATER MIAMI, INC. NORTH BEACH HOUSING STABILITY PROJECT AND $127,911.95 WILL BE DESIGNATED FOR USE BY ELIGIBLE HOUSEHOLDS AT RISK OF HOMELESSNESS; AND (4) EXECUTE ALL APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND ALLOCATION OF THESE PROGRAM FUNDS;AND (5) SUBMIT THE ONE-YEAR ACTION PLAN TO THE HUD; AND (6) MAKE MINOR NON-SUBSTANTIAL CHANGES TO THE ONE- YEAR ACTION PLAN OR THE FIVE-YEAR CONSOLIDATED PLAN, OR THE RESULTING AGREEMENTS (WHICH DO NOT ALTER THE PURPOSE, SCOPE, APPROVED BUDGET AND/OR INTENT OF THE PLANS); AND (7) EXTEND THE EXPIRATION DATES OF SAID AGREEMENTS WHEN NECESSARY;AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AGREEMENTS WITH SUB-RECIPIENTS OF CDBG AND HOME PROGRAM FUNDS AND CITY INTERDEPARTMENTAL AGREEMENTS. WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban Development (HUD) federal formula grant programs as follows: Community Development Block Grant(CDBG)funds and HOME investment Partnerships (HOME)funds; and WHEREAS, the Five-Year Consolidated Plan and the One-Year Action Plan is a federal requirement for all HUD entitlement jurisdictions, including the CDBG and HOME Programs; and WHEREAS, the proposed Five-Year Consolidated Plan for FY 2023-2027, adopted on June 28, 2023 via Resolution No. 2023-3263, is the City's long-term plan on how it intends to use federal CDBG and HOME entitlement funds for the term of the Plan; and WHEREAS, the Action Plan provides a concise summary of the actions, activities, and programs that will take place during the program year to address the priority needs and goals identified in the Five-Year Consolidated Plan; and WHEREAS, the 2024 Action Plan must be submitted to HUD by August 15, 2024, using HUD's Integrated Disbursement Information System (IDIS).; and WHEREAS, the One-Year Action Plan for FY 2024 is based upon the City's federal entitlement allocation of$889,998.00 in CDBG funds and $508,242.00 in HOME funds; and WHEREAS, CDBG funds may be used for a maximum of 20 percent ($177,999.00) for program planning and administration activities and a maximum of 15 percent ($133,499.00) for public service activities; and WHEREAS, on March 14, 2024, the Administration issued a Request for Applications (RFA)for CDBG, HOME, and HOME-ARP funds approved via Resolution 2024-32498; and WHEREAS, the resulting CDBG recommendations for public services, are as follows: $14,000.00 for UNIDAD of Miami Beach-Project Link; $35,000.00 for Boys&Girls Club of Miami- Dade aftercare and summer camp; $21,638.00 for Ayuda- Here for You Program; $14,400.00 for UNIDAD of Miami Beach—Recreation and Language Services; $25,200.00 for Friendship Circle —Sunday Circle, $15,000.00 for the City's Grocery Assistance Program, and$8,221.00 for Buddy System food distribution; and WHEREAS, the resulting CDBG recommendations for economic development, are as follows: $50,000.00 for Hispanic Business Initiative Fund, Inc. d/b/a Prospera for small business assistance, and $24,000.00 to WeeCare, Inc. d/b/a Upwards for the BOOST program; and WHEREAS, the Administration recommends allocating $50,000.00 in CDBG funds to cover costs associated with complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) requirements for a property acquired by the City for affordable housing; and WHEREAS, the Administration is recommending deferral of the $454,500.00 in CDBG funds for future award to a shovel-ready project addressing housing affordability; and WHEREAS, the City will contract Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.) for the provision of HUD-mandated fair housing services in the amount of $20,000.00, utilizing CDBG planning and administration funds; and WHEREAS, HOME funds may be used for a maximum of 10 percent ($50,824.00) for program planning and administration activities; and WHEREAS, the HOME Program rules require each entitlement community to reserve a minimum of 15 percent($76,236.00) of its annual allocation for activities undertaken by qualified Community Housing Development Organizations (CHDO); and WHEREAS, a CHDO is a private nonprofit, community-based housing development organization that has identified the development of affordable housing as its primary mission and has the capacity to develop affordable housing; and WHEREAS, no applications were received for HOME funds during the RFA process, and the Administration recommends allocating $381,182.00 in HOME funds to implement a Tenant- Based Rental Assistance (TBRA) Program; and WHEREAS, to qualify, households must have an income that does not exceed 80% of the area median income (AMI), with the assistance covering a portion of the rent and the tenant paying the remaining amount based on their income, and in some cases, the program may also cover security deposits, utility deposits, and utility payments; and WHEREAS, one application was received for the HOME-ARP funding for this RFA from Legal Services of Greater Miami under the Supportive Services category; and WHEREAS, the City has funded two projects administered by Legal Services: Tenant Defense and North Beach Homeless Prevention Project, both of which will expire on September 30, 2024; and WHEREAS, the resulting HOME-ARP recommendations for Supportive Services are as follows: $100,000.00 for the Legal Services of Greater Miami - North Beach Housing Stability Project; and WHEREAS, from time to time, it may be necessary for the City to process a "Substantial Amendment" to the Five-Year Consolidated Plan and the annual Action Plan to allow for the funding of new activities, modification of existing activities, or other program administrative actions; and WHEREAS, pursuant to 24 CFR §91.505 (a), the City is required by HUD to identify the criteria to be used in determining if a proposed action will be considered a "Substantial Amendment," as follows: 1. A change in allocation priorities or a change in the method of distributing funds; 2. Funding an activity using funds from any program covered by the Plan (including program income) not previously described in the One Year Action Plan; or 3. A change in the purpose, scope, location, or beneficiaries of an activity; and WHEREAS, any proposed amendment considered a Substantial Amendment requires approval by the City Commission; and WHEREAS, in accordance with 24 CFR §91.505 (b), a Substantial Amendment requires Citizen Participation; and WHEREAS, a substantial amendment to the 2021 Action Plan was approved on January 20, 2022, via Resolution 2022-31979, to include the allocation plan for HOME-ARP funding; and WHEREAS, the Administration now seeks to move HOME-ARP funds, in the amount of $112,269.35, from the Non-Profit Capacity Building Fund category to Supportive Services, given the lack of applications received for the former, bringing the amount allocated to Supportive Services to $508,578.95; and WHEREAS, after accounting for previously funded Supportive Services projects, in the amount of$280,667.00, $227,911.95($508,578.95-$280,667.00)of unencumbered funds would be left,from which$100,000.00 will be allocated to Legal Services of Greater Miami-North Beach Housing Stability Project, leaving a balance of$127,911.95; and WHEREAS, the Administration recommends using these funds for eligible HOME-ARP financial assistance to support households at risk of homelessness, as defined in 24 CFR 91.5, covering costs such as: security deposits, utility deposits and payments, moving costs, first and last months' rent, payment of rental arrearages(up to six months); and WHEREAS, in accordance with the Citizen Participation Plan, the City advertised a notice of public hearing and public 30-day comment period (May 13, 2024 — June 11, 2024) for community development needs with a public hearing held on May 28, 2024; and WHEREAS, the City advertised a Notice of a 30-day public comment period and public hearing (June 17, 2024 — July 16, 2024) for the draft Action Plan and substantial amendment, with a Public Hearing held on July 10, 2024. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby adopt the One-Year Action Plan for Fiscal Year 2024 for federal funds,which includes the budgets for the Community Development Block Grant (CDBG) program, in the amount of$889,998.00, and the Home Investment Partnerships(HOME) program, in the amount of$508,242.00; and authorizing the City Manager to: (1) allocate CDBG funding to the following programs: (i) $14,000.00 to UNIDAD of Miami Beach, Inc. Project LINK; (ii) $35,000.00 to Boys and Girls Clubs of Miami-Dade; (iii) $21,638.00 to Ayuda, Inc. Here for You Program; (iv) $14,440.00 to UNIDAD of Miami Beach, Inc. Senior Recreation and Language Program; (v) $25,200.00 to Friendship Circle Miami Beach and North Dade, Inc. Sunday Circle Program; (vi) $15,000.00 to City of Miami Beach Office of Community Services Grocery Program; (vii) $8,221.00 to Buddy System MIA, Inc. Food Distribution Program; (viii) $50,000.00 for tenant relocation costs;(ix)$454,500.00 to an affordable housing rehabilitation project and/or acquisition project; (x)$50,000.00 to Hispanic Business Initiative Fund, Inc. d/b/a Prospera for small business assistance; (xi) $24,000.00 to Weecare, Inc. d/b/a Upwards for the BOOST Program; (xii) $177,999.00 for program administration, of which $20,000.00 shall be allocated to Housing Opportunities Project for Excellence, Inc. (HOPE, Inc.)for U. S. Department of Housing and Urban Development(HUD)-related fair housing services;and (2)allocate HOME funding to the following: (i) $381,182.00 to tenant-based rental assistance; (ii) $76,236.00 to a Community Housing Development Organization (CHDO); and (iii) $50,824.00 for program administration; and (3) transmit to HUD a substantial amendment to the HUD FY 2021 Action Plan, reallocating $112,269.35 of existing HOME American Rescue Plan funding (HOME-ARP) from Non-Profit Capacity Building funds to Supportive Services, thereby increasing the total allocation for Supportive Services to $508,578.95, of which $100,000.00 will be allocated to Legal Services of Greater Miami, Inc. North Beach Housing Stability Project and $127,911.95 shall be designated for use by eligible households at risk of homelessness; and (4) execute all applicable documents related to the appropriation and allocation of these program funds; and (5) Submit the One-Year Action Plan to HUD; and (6) make minor non-substantial changes to the One-Year Action Plan or the resulting agreements (which do not alter the purpose, scope, approved budget, and/or intent of the plans); and (7) extend the expiration dates of said agreements when necessary; and further authorize the City Manager and City Clerk to execute agreements with sub-recipients of CDBG and HOME program funds and City interdepartmental agreements. PASSED and ADOPTED this aq day of JUIy 2024. ATTEST: / Steven Meiner, Mayor fl JUL 3 0 2024 Rafael E. Granado, City Clerk 4INCORPTORAO; Sporisatd by CommissicnerAlex J.Fernandez APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION (irL 71JS.-AO/A-- City Attorney v p Dote M I AM I B E AC H Contract/Document Routing Form Contract No. _ .. N/A HOME American Rescue Plan(ARP)FY 2024 Agreement for Legal Services of Greater Miami, f Inc. Contractor Requesting Department Legal Services of Greater Miami,Inc. Office of Housing and Community rvices Department Director Name,Signature&Date ACM Name,Signature 8,1)ite Dr.Alba Tarre David Martinez /Pr• V fD /(, 2}1 Document Type(Select One) _ Type 1—Contract,amendment,change order,or task order resulting from a procurement-issued compe ive solicitation. Type 2—Other contract,amendment,change order,or task order not resulting from a procurement-issue• ompetitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement x Type 5—Grant agreements with the City as the grantor Type 8—Other: Summary&Purpose On March 14,2024,the Mayor and City Commission approved Resolution No.2024-33187 authorizing the Administration to issue a Request for Applications for the HOME Investment Partnership Program, Community Development Block Grant program and HOME American Rescue Plan Program.Legal Services submitted a proposal for the North Beach Stability Project for$100,000.00. On July 24, 2024, the Mayor and City Commission of Miami Beach approved Resolution No. 2024-33187 adopting the One-Year Action Plan for FY 2024,which includes a total CDBG budget of$889,998.00 and a HOME budget of $508,242.00. As a result,Legal Services of Greater Miami,Inc.was awarded a FY 2024 HOME-ARP Agreement for$100,000 to provide legal services to individuals and households who are homeless, at risk of homelessness, or part of other vulnerable populations. The program aims to remove barriers to housing access and stability,helping reduce homelessness in Miami Beach,particularly in North Beach(zip code 33141). The City has previously funded two projects administered by Legal Services:the Tenant Defense Project and the North Beach Homeless Prevention Project.The Homeless Prevention Project ended on 9/30/2024,while the Tenant Defense Project is set to expire on 3/31/2025. Original Term I Periods Total Term(Original+Renewals) 1 year(10/01/2024-09/30/2025) None 1 year(10/1/2024-09/30/2025) 1ttding Information • Grant Funded: © Yes - No State © Federal • Other: st&Funding Source Year Annual Cost impor Account Require Enhancement 1 $100,000.00 175-0530-000345-23-404-534-00-00-00-50825 Yes X No 2 Yes No 3 _ Yes No 4 Yes No 5 Yes No 1. For contracts longer than five years,contact the Procurement Department.2.Attach any supporting explanation needed. 3.Budget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2024-33187 If no,explain why CC approval is not required: Legal Form Approved: I X I Yes I I No I If no,explain below why form approval is not necessary: Compliance Approvals tsee attached} Procurement: Grants: Budget: Information Technology: Risk Management: Fleet&Facilities: Human Resources: Other: