HomeMy WebLinkAboutCDBG Agreement FY 2025 between CMB and Ayuda, IncContract/Document Routing Form
N/A CDBG FY 2025 Agreement for AYUDA, Inc.
X
Type 1—Contract,amendment, change ortler, or task order resuItinI, from a procurement Issued competitive solicitaton.
Type 2—Other contract, amendment, change order, or task order not resulting from a procurement -issued competitive solicitation.
Type 3—Independent Contractor Agreement (ICA)
Type6—Tenant Agreement
Type 4— Grant agreements wish the City as the recipient
rype 7—Inter-governmental agency agreement
Type 5— Grant agreements with the City as the grantor
Type8—Other:
On February 27, 2025, the Mayor and City Commission approved Resolution No. 2025-33722 authorizing the Administration
to issue a Request for Applications for the HOME Investment Partnership Program and Community Development Block Grant
program. AYUDA, Inc. submitted a proposal for the Here For You Program. On June 25, 2025, the Mayor and City Commission
of Miami Beach approved Resolution No. 2025-33722 adopting the One -Year Action Plan for FY 2025, which includes a total
CDBG budget of $858,270.00 and a HOME budget of $485,921.06.
As a result, AYUDA, Inc. was awarded a FY 2025 CDBG Agreement for $21,639.00 to address the needs of low-income elders
living in Miami Beach, mostly homebound and without support systems. The programs will ensure the environment receives
deep cleaning which prevents respiratory health crisis, stabilizes health, and extends life.
Ann
I year(10/01/2025-9/30/2026) 0 1 yur(10/01/2025-9/30/2025)
Grant Funded: % Yes No State % Federal Other:
Year Annual Cost Account
1 $21,638 132-0530-000345-23-404-534-26-00-00-53423
Require Enhancement
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 arty supporting explanation needed.
3. Budget approval indicates approval for the current fiscal year only. Future yearsare subject to City Commission approval of
theannual adopted orating budget.
Authority to 5ign
City Commission Approve I %
I Yes
No I Resolution No.: I CC Agenda Item No.: CC Meeting Date:
2025-33722
If no, explain why CC approval is not required:
Legal Form Approved: I % I Yes I I No I If no, explain below why form approval is not necessary:
Budge:
N/A
Information Technology:
N/A
Risk Management:
WA
Flee & Facilities:
N/A
Human Resources:
N/A
Other:
N/A
RESOLUTION NO 2025-33722
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE ONE-YEAR ACTION PLAN FOR
FISCAL YEAR 2025 FOR FEDERAL FUNDS, WHICH INCLUDES THE
BUDGETS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM, IN THE AMOUNT OF $858,270.00, AND THE HOME INVESTMENT
PARTNERSHIPS (HOME) PROGRAM, IN THE AMOUNT OF $485,921.06; AND
AUTHORIZING THE CITY MANAGER TO TAKE THE FOLLOWING STEPS: (1)
ALLOCATE CDBG FUNDING TO THE FOLLOWING PROGRAMS: (1)
$14,000.00 TO UNIDAD OF MIAMI BEACH, INC. — PROJECT LINK; (11)
$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) $8,820.00 TO FRIENDSHIP CIRCLE OF MIAMI BEACH AND NORTH DADE,
INC. — SUNDAY CIRCLE PROGRAM; (VI) $34,842.00 TO HELPING HANDS
FOOD KO OP INC. — GROCERY ASSISTANCE PROGRAM; (VII) $502,876.00
TO AN AFFORDABLE HOUSING REHABILITATION PROJECT ANDIOR
ACQUISITION PROJECT; (Vill) $55,000.00 TO HISPANIC BUSINESS
INITIATIVE FUND, INC. DIBIA PROSPERA FOR SMALL BUSINESS
ASSISTANCE; AND (IX) $171,654.00 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; (2) ALLOCATE HOME FUNDING TO THE FOLLOWING: (1)
$364,441.06 TO AN AFFORDABLE HOUSING REHABILITATION ANDIOR
ACQUISITION PROJECT; 01) $72,888.00 TO A COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION (CHDO); AND (111) $48,592.00 FOR
PROGRAM ADMINISTRATION; (3) REALLOCATE HOME COMMUNITY
HOUSING DEVELOPMENT ORGANIZATION (CHDO) SET -ASIDE FUNDS
FROM FISCAL YEAR 2022 IN THE AMOUNT OF $33,807.00 AND FISCAL
YEAR 20231N THE AMOUNT OF $100,793.00 TO AN AFFORDABLE HOUSING
REHABILITATION PROJECT AND/OR ACQUISITION PROJECT; (4) AWARD
$28,848.45 IN GENERAL FUNDS TO HELPING HANDS FOOD KO OP INC. IN
SUPPORT OF THE GROCERY ASSISTANCE PROGRAM; (5) EXECUTE ALL
APPLICABLE DOCUMENTS RELATED TO THE APPROPRIATION AND
ALLOCATION OF THESE PROGRAM FUNDS; (6) SUBMIT THE ONE-YEAR
ACTION PLAN FOR FISCAL YEAR 2025 TO HUD; (7) 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 (8) 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. 2023-32637, 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 2025 Action Plan must be submitted to HUD by August 15, 2025, using
HUD's Integrated Disbursement Information System (IDIS).; and
WHEREAS, the One -Year Action Plan for FY 2025 is based upon the City's federal
entitlement allocation of $858,270.00 in CDBG funds and $485.921.06 in HOME funds; and
WHEREAS, CDBG funds may be used for program planning and administration activities,
up to a maximum of 20 percent ($171,654.00), and for public service activities, up to a maximum
of 15 percent ($128,740.00); and
WHEREAS, on February 27, 2025, the Administration issued a Request for Applications
(RFA) for CDBG and HOME funds approved via Resolution No. 2025-33518; and
WHEREAS, the resulting CDBG recommendations for public services, are as follows:
$14,000.00 for UNIDAD of Miami Beach, Inc. — Project Link; $35,000.00 for Boys & Girls Club of
Miami -Dade aftercare and summer camp; $21,638.00 for Ayude, Inc. — Here for You Program;
$14,400.00 for UNIDAD of Miami Beach, Inc. — Senior Recreation and Language Program;
$8,820.00 for Friendship Circle of Miami Beach and North Dade, Inc. — Sunday Circle Program,
and $34,842.0o to Helping Hands Food Ko Op Ina (Helping Hands) — Grocery Assistance
Program; and
WHEREAS, although Helping Hands originally applied for funding under a different public
service initiative, its strong experience in food distribution has demonstrated that transferring
management of the grocery assistance program to Helping Hands is a strategic fit that will allow
the City to continue providing essential services with improved operational efficiency; and
WHEREAS, as part of this transition, the $34,842.00 in CDBG funds originally earmarked
for grocery assistance, along with an additional $28,848.45 in general funds, will be granted to
Helping Hands to support its continued management of the program; and
WHEREAS, the resulting CDBG recommendations for economic development are as
follows: $55,000.00 for Hispanic Business Initiative Fund, Inc. dlb/a Prospers for small business
assistance; and
WHEREAS, the Administration recommends allocating the remaining $502,876.00 in
CDBG funds toward the acquisition of a property for affordable housing; 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 program planning and administration activities,
up to a maximum of 10 percent ($48,592.00); and
WHEREAS, the HOME Program rules require each entitlement community to reserve a
minimum of 15 percent ($72,888.00) of its annual allocation for activities undertaken by qualified
Community Housing Development Organizations (CHDOs); 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, currently, there is no certified CHDO; and
WHEREAS, the City received one HOME funding application for FY 2025 from JCS Cares
Housing, requesting $100,000.00 to cover legal fees, architectural design, permitting, and
administrative costs for a large-scale affordable housing development on the Fienbeig Fisher
campus; and
WHEREAS, while the project aligns with community housing goals, the proposal did not
meet several key federal requirements necessary for the commitment of HOME funds, as it
remains in an early conceptual stage and lacks confirmed financing, a comprehensive
development budget, and a long-term operating pro forma; and
WHEREAS, the Administration recommends allocating the remaining $364,441.06 in
HOME funds toward the acquisition of a property for affordable housing; and
WHEREAS, to further support this acquisition, the City will reprogram prior year HOME
funds originally set aside for CHDO-related activities, specifically reallocating $33,807.00 from FY
2022 HOME funds and $100,793.00 from FY 2023 HOME funds, ensuring timely and effective
use of both current and prior year funds in compliance with HUD requirements; and
WHEREAS, in accordance with the Citizen Participation Plan, the City advertised a notice
of public hearing and public 30day comment period (March 31, 2025 — April 29, 2025) for
community development needs with a public hearing held on April 15, 2025; and
WHEREAS, the City advertised a Notice of a 30day public comment period and public
hearing (June 2, 2025 — July 1, 2025) for the draft Action Plan and substantial amendment, with
a Public Hearing held on June 17, 2025.
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 2025 for federal funds, which
includes the budgets for the Community Development Block Grant (CDBG) program, in the
amount of $858,270.00, and the Home Investment Partnerships (HOME) program, in the amount
of $485,921.06; and authorize the City Manager to take the following steps; (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; (111) $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) $8,820.00 to Friendship Circle of Miami Beach and North Dade, Inc. — Sunday Circle
Program; (vi) $34.842.00 to Helping Hands Food Ko Op Inc. — Grocery Assistance Program; (vii)
$502,876.00 to an affordable housing rehabilitation project and/or acquisition project; (viii)
$55,000.00 to Hispanic Business Initiative Fund, Inc. d/b/a Prospers for small business
assistance; and (ix) $171,664.00 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; (2) allocate HOME
funding to the following: (i) $364,441.06 to an affordable housing rehabilitation and/or acquisition
project; (ii) $72,888.00 to a Community Housing Development Organization (CHDO); and (iii)
$48,592.00 for program administration; (3) reallocate HOME Community Housing Development
Organization (CHDO) set -aside funds from Fiscal Year 2022 in the amount of $33,807.00 and
Fiscal Year 2023 in the amount of $100,793.00 to an affordable housing rehabilitation project
and/or aoquisftiorf project; (4) award $28,848.45 in general funds to Helping Hands Food Ko Op
Inc. in support of the Grocery Assistance Program; (5) execute all applicable documents related
to the appropriation and allocation of these program funds; (6) submit the One -Year Action Plan
for Fiscal Year 2025 to HUD; (7) make minor non -substantial changes to the One -Year Action
Plan or the Five -Year Consolidated Plan, or the resulting agreements (which do not after the
purpose, scope, approved budget and/or intent of the plans); and (8) 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 Zi day of �N„t" , 2025.
U
Steven Meiner, Mayor
ATTEST: JUN 3 0 2025 ,P-"BE..
1
IM(OAP OEAiET 111
el ranado, City Clerk. c�
REGIS BARBOU
APPROVED AS TO
FORM & LANGUAGE
FORIZECUTIO
/C aerr
City Alto y <+a Date
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT
FISCAL YEAR 2025
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
AYUDA, INC. DEC i n 2025
This CDBG Agreement ("Agreement") made and entered into this _ day of
2025. by and between the CITY OF MIAMI BEACH, FLORIDA, a Florida
municipal corporation having its principal office at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, (hereinafter referred to as "City"), and AYUDA, INC., a Florida not -for profit
corporation, having its principal office at 11098 Biscayne Boulevard Suite 401- 29, Miami, Florida
33161 (hereinafter referred to as "Sub -Recipient").
WHEREAS, the City is an entitlement recipient of U.S. Department of Housing and Urban
Development ("HUD") grant funds for the Community Development Block Grant ("CDBG"), and
HOME Investment Partnership programs ("HOME"), and the City expects to continue to receive
entitlement funds from these grant programs to operate the Citys housing and community
development activities;
WHEREAS, on February 27, 2025, the Mayor and City Commission adopted Resolution
No. 2025-33722, approving the issuance of a Request for Applications (RFA) for the FY 2025
CDBG and HOME funding allocation;
WHEREAS, the Administration reviewed RFA submissions to ensure that projects align
with the needs identified in the 2023-2027 Consolidated Plan;
WHEREAS, each year, the City prepares a One -Year Action Plan detailing how it intends
to allocate funds received from HUD to conduct eligible activities for the benefit of low- and
moderate -income residents;
WHEREAS, on June 25, 2025, the Mayor and City Commission adopted Resolution No.
2025-33722. approving the One -Year Action Plan for Federal Funds for FY 2025, allocating
CDBG funds in the amount of TWENTY-ONE THOUSAND SIX HUNDRED THIRTY-EIGHT
DOLLARS (E21,638.00) for Here For You, to be provided by the sub -Recipient as a public service
('Program"); and
WHEREAS, the One -Year Action Plan for FY 2025 was made available to the public for a
30-day public review and comment period from June 2, 2025 through July 1, 2025.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, the City
and Sub -Recipient agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement
and the following six (6) exhibits, all of which are attached and incorporated in this
Agreement:
• Exhibit A - Scope of Services
• Exhibit 8 - Documentation
• Exhibit C - Budget
• Exhibit D - Financial Management for CDBG-funded activities
• Exhibit E - Report Forms
• Exhibit F - Monitoring Tool
• Exhibit G - Anti -Human Trafficking Affidavit
• Exhibit H - Prohibition Against Contracting with Entities of Foreign Countries of
Concern Affidavit
Section 2. Statement of Work: The Sub -Recipient agrees to implement the Program in
accordance with the terms of this Agreement, which Program is summarized as
follows:
Here For You:
The Program will address the needs of low-income elders living in Miami Beach,
mostly homebound and without support systems. The Program will ensure the
environment receives deep cleaning which prevents respiratory health crisis,
stabilizes health, and extends life.
Section 3. Agreement Amount: The City agrees to make available CDBG funds, in the
amount of TWENTY-ONE THOUSAND SIX HUNDRED THIRTY-EIGHT
DOLLARS ($21,638.00) for use by the Sub -Recipient during the Term, to be spent
as agreed upon in Exhibit C— Budget following the rules for Financial Management
for CDBG Funded Activities as stated in Exhibit D. (hereinafter, the aforestated
amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds").
Section 4. Alterations: Any proposed changes in the Program including, without limitation,
the Budget in Exhibit C, shall first be submitted, reviewed, and approved, in writing,
by the City Manager, which approval, If given at all, shall be at his/her sole
reasonable judgment and discretion.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR
§ 570.503 (b)(2), Sub -Recipient shall submit Financial and Progress reports as
indicated in Exhibit A. describing the progress made by the Sub -Recipient in
achieving the objectives identified in Exhibit A — Scope of Services. As part of the
final report submitted, the Sub -Recipient also agrees to include a comprehensive
final report covering the agreed -upon program objectives, activities, and
expenditures, and including, but not limited to, performance data and client
feedback with respect to the goals and objectives outlined in Exhibit A. Exhibit B
contains a checklist of backup documentation to be used in fulfillment of the
reporting requirement. Other reporting requirements may be required by the City
Manager in the event of Program changes; the need for additional information or
documentation arises; and/or legislative amendments are enacted. Reports and/or
requested documentation not received by the due date shall be considered
delinquent and may be cause for default and termination of this Agreement,
pursuant to Section 12 hereof. Other reporting requirements may be required by
the City in the event legislative amendments are enacted or as the City Manager
may reasonably deem necessary. The Sub -Recipient shall be informed, in writing,
if any changes become necessary. Drawdowns for the payment of eligible
expenses shall be made against the line item budgets specified in Exhibit C -
Budget and in accordance with performance.
Section 6. Monitoring: In compliance with 2 CFR § 200.331 (d) and (a), at its discretion, the
City may schedule at least one (1) annual on -site monitoring visit with the Sub -
Recipient to evaluate the progress of the program, and provide technical
assistance using the Monitoring Tool attached as Exhibit F,
Section 7. Additional Conditions and Compensation: The parties acknowledge that the
Funds originate from CDBG grant funds from HUD, and must be implemented in
full compliance with all of HUD's rules and regulations. In the event of curtailment
or non -production of said Federal Funds, the financial sources necessary to
continue to pay the Sub -Recipient all or any portions of the Funds will not be
available. In that event, the City may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the City Manager, in his/her
sole discretion and judgment, that the Funds are no longer available. in the event
of such termination, the Sub -Recipient agrees that it will not look to, nor seek to
hold the City, nor any individual member of the City Commission and/or City
Administration, personally liable for the performance of this Agreement, and the
City shall be released from any further liability to Sub -Recipient under the terms of
this Agreement.
Section 8. Compliance with Local, State, and Federal Regulations - The Sub -Recipient
agrees to comply with all applicable Federal regulations as they may apply to
program administration as described in 24 CFR Part 570 and 2 CFR Part 200 and
carry out each activity in compliance with the laws and regulations as described in
24 CFR Part 570, Subpart K - Other Program Requirements, as same may be
amended from time to time. Additionally, the Sub -Recipient shall comply with all
State and local (City and County) applicable laws and ordinances. It shall be the
Sub-Recipienrs sole and absolute responsibility to continually familiarize itself with
any and all such applicable Federal, State, County, and City regulations, laws,
and/or ordinances.
Section 9. Restrictions for Certain Resident Aliens - Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for benefits under covered
activities funded by the CDBG program. "Benefits" under this section means
financial assistance, public services, jobs, and access to new or rehabilitated
housing and other facilities made available under activities funded by the CDBG
program. "Benefits" do not include relocation services and payments to which
displacees are entitled by law.
Section 10. Assignment/Subcontract: No part of this Agreement may be assigned or
subcontracted without the prior written consent of the City, which consent, if given
at all, shall be at the City's sole discretion and judgement.
Section 11. Term: This Agreement shall commence retroactively on October 1, 2025 and shall
terminate on September 30, 2026 (the "Term"), with the understanding that at the
end of the Term, the City Commission has the authority to mappropriate any
remaining unused Funds.
Section 12. Termination of Agreement:
12.1 Termination for Convenience: This Agreement may be terminated by the
City, for convenience and without cause, through the City Manager, upon 30
days prior written notice to Sub -Recipient. In the event of such termination
for convenience, the City shall cease any payments to Sub -Recipient for
costs resulting from obligations which were not approved before the effective
date of termination. Sub -Recipient shall be solely responsible for immediately
returning any unused or unapproved Funds as of the date of termination, and
shall also be solely responsible for submitting a final report, as provided in
Section 5 hereof, detailing all program objectives, activities, and
expenditures up to the effective date of the termination. Said final report shall
be due within five (5) working days following the effective date of termination.
Upon timely receipt of Sub -Recipient's final report, the City, at its sole
discretion, shall determine the amount (if any) of any additional portion of the
Funds to be returned to the City as a result of any unapproved or. unused
Funds, or incomplete Program items, and shall provide Sufi -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 riot
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, forany reason, is rendered impossible
or infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
e. Any evidence of fraud, mismanagement, and/or waste, as determined by
the City's monitoring and applicable HUD rules and regulations.
The City shall notify the Sub -Recipient in writing when the Sub -Recipient has
been placed in default. Such notification shall include: (i) actions taken by or
to be taken by the City, such as withholding of payments; (ii) actions to be
taken by the Sub -Recipient as a condition precedent to curing the default, if
applicable; and (III) a reasonable cure period, which shall be no less than
thirty (30) days from notification date with respect to Subsections 12.2(a), (b),
and (d). In the event the Sub -Recipient fails to cure a default under
Subsections 12.2(a), (b), and (d) within the aforestated cure period, this
Agreement shall be considered terminated for cause, without requiring
further notice to Sub -Recipient, and Sub -Recipient shall be solely
responsible for repayment to the City of all or any portion of the Funds
disbursed to Sub -Recipient, as deemed required by the City, in its sole and
reasonable discretion. Said monies shall be immediately due and payable by
Sub -Recipient. Notwithstanding the preceding, the City reserves any and all
legal rights and remedies it may have with regard to recapture of all or any
portion of the Funds, or any assets acquired or improved in whole or in part
with said Funds.
Notwithstanding the foregoing, with respect to Subsection 12.2 (c) and (a),
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 Program Funds: In the event of curtailment of, or
regulatory constraints placed on the Funds by HUD, this Agreement will
terminate, effective as of the time that it is determined by the City Manager
that such Funds are no longer available. Costs of the Sub -Recipient incurred
after termination are not allowable unless expressly authorized in writing by
the City Manager (whether in the notice of termination or subsequent
thereto), and, in that case, may only be allowable if, in the sole discretion of
the City Manager:
a. The costs resulted from obligations which were property incurred before
the effective date of termination, were not in anticipation of it, and are
noncencelable; and
b. The costs would be allowable if the Agreement expired normally at the
end of its Term.
Section 13. Equal Employment OpportunkieslNo Discrimination/Affirmative Action: In
compliance with 2 CFR Part 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). As of January 21, 2025, Executive
Order 11246 (and related orders) has been revoked by Executive Order 14173,
eliminating the prior affirmative action mandates tied to that order.
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, public services, and in connection with its membership or
policies because of actual or perceived race, color, national origin, religion, sex,
intersexuality, sexual orientation, gender identity, familial and marital status, age,
disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner
status, labor organization membership, familial situation, or political affiliation.
Section 14. Program Income: The Sub -Recipient shall report monthly all program income (as
defined at 24 CFR § 570.500(a)) generated by activities carded out with CDBG
funds made available under this Agreement. The use of program income by the
Sub -Recipient shall comply with the requirements set forth at 24 CFR § 570.504.
By way of further limitations, the Sub -Recipient may use such income during the
contract period for activities permitted under this Agreement and shall reduce
requests for additional funds by the amount of any such program Income balances
on hand. All unexpended program income shall be returned to the City at the end
of the Term. Any interest earned on cash advances from the U.S. Treasury and
from funds held in a revolving fund account is not program income and shall be
remitted promptly to the City.
Section 15. Religious Organization or Owned Property: CDBG funds may be used by
religious organizations or on property owned by religious organizations only with
prior written approval from the City Manager, and only in accordance with
requirements set in 24 CFR § 570.200(j). The Sub -Recipient shall comply with First
Amendment Church/State principles, as follows:
a. It will not discriminate against any employee or applicant for employment on
the basis of religion and will not limit employment or give preference in
employment to persons on the basis of religion.
b. It will not discriminate against any person applying for public services on the
basis of religion and will not limit such services or give preference to persons
on the basis of religion.
c. It will retain its independence from Federal, State, and local governments, and
may continue to carry out its mission, including the definition, practice, and
expression of its religious beliefs, provided that it does not use direct CDBG
funds to support any inherently religious activities, such as worship, religious
instruction, or proselytizing.
d. The Funds shall not be used for the acquisition, construction, or rehabilitation
of structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, CDBG funds may not exceed the cost of those portions of the
acquisition, construction, or rehabilitation that are attributable to eligible
activities in accordance with the cost accounting requirements applicable to
CDBG funds in this part. Sanctuaries, chapels, or other rooms that a CDBG-
funded religious congregation uses as its principal place of worship, however,
are ineligible for CDBG-funded improvements.
Section 16. Reversion of Assets: In the event of a termination of this Agreement, or upon
expiration of the Agreement, and in addition to any and all other remedies available
to the City (whether under this Agreement, or at law or inequity), the Sub -Recipient
shall immediately transfer to the City any Funds on hand at the time of termination
(or expiration) and any accounts receivable attributable to the use of CDBG funds.
The City's receipt of any Funds on hand at the time of termination, shall not waive
the City's right (nor excuse Sub -Recipient's obligation) to recoup all or any portion
of the Funds, as the City may deem necessary.
Section 17. Conformity to HUD regulations: The Sub -Recipient agrees to abide by
guidelines set forth by HUD for the administration and implementation of the CDBG
program, including those set forth below and the applicable Uniform Administrative
Requirements set forth in 24 CFR § 570.502, as amended by 2 CFR Part 200 and
applicable Federal laws and regulations in 24 CFR § 570.600, at seq. as now in
effect and as may be amended from time to time. In this regard, the Sub -Recipient
agrees that duly authorized representatives of HUD shall have access to any
books, documents, papers, and records of the Sub -Recipient that are directly
pertinent to this Agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
a. Subpart A - "Acronyms and Definitions"
b. Subpart B - General Provisions
c. Subpart C - "Pre -Federal Award Requirements and Contents of Federal
Awards"
d. Subpart D - "Post -Federal Award Requirements", except for §§ 200.305,
200.306, 200.307, 200.308, 200.311 of 2 CFR Part 200 as detailed below:
1) "Payment" is modified for lump sum drewdown for financing of property
rehabilitation activities, in accordance with 24 CFR § 570.513.
2) "Program Income" is governed. by 24 CFR § 570.504
3) "Real Property" does not apply, except as provided in 570.200(j). Real
property is governed by 24 CFR § 570.605.
4) "Equipment" CDBG Sub -Recipients shall follow Section 2 CFR § 200.313,
except that when the equipment is sold, the proceeds shall be program
income. Equipment not needed by the Sub -Recipient for CDBG activities
shall be transferred to the recipient for the CDBG program or shall be
retained after compensating the recipient.
5) Section 2 CFR § 200.334 "Retention requirements for records" applies
except that:
For Sub -Recipients:
i. The retention period for individual CDBG activities shall be the
longer of five (5) years after the expiration or termination of the Sub -
Recipient agreement under 24 CFR § 570.503, or five (5) years
after the submission of the annual performance and evaluation
report, as prescribed in 24 CFR § 91.520 of this title, in which the
specific activity is reported on for the final time;
ii. Records for individual activities subject to the reversion of assets
provisions at 24 CFR § 570,503(b)(7) or change of use provisions
at 24 CFR § 570.505 must be maintained for as long as those
provisions continue to apply to the activity; and
iii. Records for individual activities for which there are outstanding loan
balances, other receivables, or contingent liabilities must be
retained until such receivables or liabilities have been satisfied.
6) Section 2 CFR § 200.344 "Closeout"
City will closeout the Federal award when it determines that all applicable
administrative actions and all required work of the Federal award have
been completed by the Sub -Recipient. The following actions must take
place to complete this process at the end of the Term.
I. The Sub -Recipient must submit, no later than 45 calendar days
after the end date of the Term, all financial, accomplishment,
performance, and other reports as required by the terms and
conditions of this Agreement. City may approve extensions when
requested by the Sub -Recipient.
ii. Unless City authorizes an extension, Sub -Recipient must liquidate
all obligations incurred under this Agreement no later than 45
calendar days after the end date of the Term as specified in the
terms and conditions of this Agreement.
iii. City must make prompt payments to the Sub -Recipient for
allowable reimbursable costs under this Agreement, meeting the
requirements of Subpart E (2 CFR §§ 200.400 — 200.476) prior to
being closeout.
iv. Sub -Recipient must promptly refund any balances of unobligated
cash that City paid in advance or paid and that are not authorized
to be retained by the Sub -Recipient for use in other projects. See
OMB Circular A-129 and see 2 CFR § 200.345 Collection of
amounts due, for requirements regarding unretumed amounts that
become delinquent debts.
V. Consistent with the terms and conditions of the Agreement, City
must make a settlement for any upward or downward adjustments
to the Federal share of costs after closeout reports are received.
vi. Sub -Recipient must account for any real and personal property
acquired with Federal funds or received from the Federal
Government in accordance with 2 CFR § 200.310 Insurance
coverage through 200.316 Property Trust Relationship and 200.329
Reporting on Real Property.
vii. City should complete all closeout actions for Federal awards no
later than one year after receipt and acceptance of all required final
reports.
Section 18. Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) of 1996: Pursuant to the Personal Responsibility and Work
Opportunity Reconciliation Act (PRWORA) of 1996, nonprofit charitable
organizations are exempt from verifying an applicant's immigration status for
federal public benefits under 8 U.S.C. § 1642(d). This exemption applies to all
federal benefits, including those provided through the CDBG Program.
Accordingly, nonprofit subrecipients under this Agreement are not required to
verify the immigration status of beneficiaries as a condition of providing CDBG-
funded services.
Section 19. Sponsorships: The Sub -Recipient agrees that all notices, informational
pamphlets, press releases, advertisements, descriptions of the sponsorship of the
program, research reports, and similar public notices prepared and released by
the Sub -Recipient for, on behalf of, and/or about the Program, shall include the
statement:
"FUNDED BY THE CITY OF MIAMI BEACH
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM"
In written materials, the words
"CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS ADMINISTERED BY THE CITY OF MIAMI BEACH OFFICE OF
HOUSING AND COMMUNITY DEVELOPMENT"
shall appear in the same size letters or type as the name of the Sub -Recipient.
Section 20. Examination of Records: The Sub -Recipient shall maintain sufficient records in
accordance with 24 CFR § 570.502, 570.503(bj(2) and 570.506 to determine
compliance with the requirements of this Agreement, the CDBG program, and all
other applicable laws and regulations. This documentation shall include, but not
be limited to, the following:
a. Books, records, and documents in accordance with generally accepted
accounting principles, procedures, and practices, which sufficiently and
property reflect all revenues and expenditures of funds provided directly or
indirectly by this Agreement, including matching funds and program Income.
These records shall be maintained to the extent of such detail as will properly
reflect all net costs, direct and indirect labor, materials, equipment, supplies,
and services, and other costs and expenses of whatever nature for which
reimbursement is claimed under the provisions of this Agreement;
b. Time sheets for split -funded employees, which work on more than one activity,
in order to record the CDBG activity delivery cost by program and the non-
CDBG related charges; and
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and
appropriate determinations as defined in 24 CFR § 570.209, income
certifications, and written Agreements with beneficiaries, where applicable.
The Sub -Recipient is responsible for maintaining and storing all records
pertinent to this Agreement in an orderly fashion in a readily accessible,
permanent, and secured location for a period of five (5) years after expiration
of this Agreement, with the following exception: If any litigation, claim or audit
is started before the expiration date of the five (5) year period, the records will
be maintained until all litigation, claims, or audit findings involving these
records are resolved. The City shall be informed in writing after closeout of this
Agreement, of the address where the records are to be kept.
Section 21. Audits and inspections:
a. At anytime during normal business hours, and as often as the City (and/or its
representatives) may deem necessary, the Sub -Recipient shall make available
all records, documentation, and any other data relating to all matters covered
by the Agreement, for review, inspection or audit.
In compliance with 2 CFR Part 200, Subpart F- Audit Requirements, if Sub -
Recipient expends $1,000,000 or more during the non -Federal entitys 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 -Recipients 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, and 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.
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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 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, unfit 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.
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Section 22. Indemnificationtinsurance Requirements: The Sub -Recipient shall indemnify
and hold harmless the City, its officers, employees, and agents, from any and all
claims, liability, losses and causes of action which may arise out of an act,
omission, negligence, or misconduct on the part of the Sub -Recipient, or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients,
licensees,invitees, or any persons acting under the direction, control, or
supervision of Sub -Recipient, pursuant to this Agreement and/or the Program. The
Sub -Recipient shall pay all claims and losses of any nature whatsoever in
connection therewith and shall defend all suits in the name of the City, and shall
pay all costs (including attorneys fees) and judgements which may issue thereon.
This Indemnification shall survive the termination and/or expiration of this
Agreement.
The Sub -Recipient shall not commence any work and/or services pursuant to this
Agreement until all insurance required under this Section has been obtained and
the City's Risk Manager has approved such insurance. In the event evidence of
such insurance is not forwarded to the City's Risk Manager within thirty (30) days
after the commencement date of the Term, this Agreement shall automatically
terminate and become null and void, and the City shall have no obligation under
the terms and conditions hereof.
The Sub -Recipient shall maintain and carry in full force during the Tenn, and/or
throughout the duration of the Program contemplated herein, whichever is longer,
the following insurance:
a. Worker's Compensation Insurance for all employees of the vendor as required by
Florida Statute 440, and Employer Liability Insurance for bodily injury or disease.
Should the Vendor be exempt from this Statute, the Vendor and each employee
shall hold the City harmless from any injury incurred during performance of the
Contract. The exempt Vendor 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 tern of this contract or (11) 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.
The City of Miami Beach shall be named as an additional insured under all such
insurance contracts. Thirty (30) day written notice of cancellation or substantial
modification of the insurance coverage must be given to the City's Risk Manager
by the Sub -Recipient and its insurance company. The insurance must be furnished
by insurance companies authorized to do business in the State of Florida, and
approved by the City's Risk Manager. The companies must be rated no less than
"B+" as to management, and not less than "Class VI" as to strength by the latest
edition of Bast's Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, subject to the approval of the City's Risk Manager.
Original Certificates of Insurance for the above coverage must be submitted to the
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City's Risk Manager for approval prior to any work commencing. These certificates
will be kept on file in the Office of the Risk Manager, Third Floor City Hall.
The City shall have the right to obtain from the Sub -Recipient specimen copies of
the insurance policies, in the event that submitted Certificates of Insurance are
inadequate to ascertain compliance with required coverage. Compliance with the
foregoing requirements shall not relieve the Sub -Recipient of its obligation to
indemnify and hold the City harmless, as required in this section.
Section 23. Conflict of interest: The Sub -Recipient covenants that no person under its
employwho presently exercises any functions or responsibilities in connection with
CDBG-funded activities has any personal financial interests, direct or indirect, in
this Agreement. The Sub -Recipient covenants that in the performance of this
Agreement, no person having such conflicting interest shall be employed. The
Sub -Recipient covenants that it will compiywith 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: Diana Susi, Executive Director
AYUDA, INC.
11098 Biscayne Boulevard Suite 401- 29
Miami, FL 33161
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
13
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 rat 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 anyway 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 law under Chapter
119, Florida Statutes, as may be amended from time to time.
b. The term "public records" shall have the meaning set forth in Section
119.011(12), Florida Statutes, which means all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
c. Pursuant to Section 119.0701, Florida Statutes, if the Sub -Recipient meets the
definition of "Contractor' as defined in Section 119.0701(1xa), 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
14
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 fled 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:
1. 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 j(ii) a it is sent to the City's
custodian of public records and to the Sub -Recipient at the Sub -Recipient's
address listed on its contract with the City or to the Sub -Recipient's
registered agent. Such notices must be sent by common carrier delivery
service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which
may be in an electronic format.
3) A Sub -Recipient who complies with a public records request within 8
business days after the notice is sent is not liable for the reasonable costs
of enforcement.
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f. IF THE SUB -RECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUB -RECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(fD.MIAMIBEACHFL.GOV
PHONE: 305-673-7411
Section 28. E-Verify
28.1 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.
28.2 Termination Rights.
a. If the City has a good faith belief that Sub -Recipient has knowingly
violated Section 448.09(1), Florida Statutes, the City shall terminate this
Agreement with Sub -Recipient for cause, and City shall thereafter have
or owe no further obligation or liability to Sub -Recipient.
b. If the City has a good faith belief that a subcontractor has knowingly
violated Section 27.1 of this Agreement, but the Sub -Recipient otherwise
complied with such section, the City will promptly notify the Sub -Recipient
and order the Sub -Recipient to immediately terminate the agreement with
the subcontractor. Sub -Recipient's failure to terminate a subcontractor
shall be an event of default under this Agreement, entitling City to
terminate the Sub -Recipient's Agreement 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
16
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. Lobbying.
The Subrecipient hereby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on
behalf of it, 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 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;
b. 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, it will complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
c. It will require that the language of paragraph (d) 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:
d. Lobbying Certification
e. 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 section 1352, title 31, U.S.C. 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.
Section 30. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
Section 31. Sub -Recipient's Compliance With Anti -Human Traf ickina Laws.
Sub -Recipient agrees to comply with Section 787.06, Florida Statutes, as may be
amended from time to time, and has executed the Anti -Human Trafficking Affidavit,
containing the certification of compliance with anti -human trafficking laws, as
17
required by Section 787.06(13), Florida Statutes; a copy of which is attached
hereto as Exhibit G and Incorporated herein.
Section 32. Prohibition On Contracting With A Business Engaaina In A Bovcoti.
Sub -Recipient warrants and represents that it is not currently engaged in, and will
not engage in, a boycott, as defined in Section 2375 of the City Code. In
accordance with Section 2.375.1(2)(a) of the City Code, Sub -Recipient hereby
certifies that Sub -Recipient is not currently engaged in, and for the duration of the
Agreement, will not engage in a boycott of Israel.
Section 33. Prohibition On Contractina With An Individual Or Entitv Which Has
Performed Services For Compensation To A Candidate For City Elected
Office.
Sub -Recipient warrants and represents that, within two (2) years prior to the
Effective Date, Sub -Recipient has not received compensation for services
performed for a candidate for City elected office, as contemplated by the
prohibitions and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant
to Section 2-379 of the City Code shall not apply to the following
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office it
those same services are regularly performed by the individual or entity in
the ordinary course of business for clients or customers other than
candidates for office. This includes, without limitation, banks, telephone or
internet service providers, printing companies, event venues, restaurants,
caterers, transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional services
(including for example, legal or accounting services).
Section 34.
Sub.Recipient hereby agrees to comply with Section 287.138, Florida Statutes, as may be
amended from time to time, which states that as of January 1, 2024, a governmental entity may
not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative
of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes; (a) the entity is owned by a
government of a foreign country of concern; (b) the government of a foreign country of concern
has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its
principal place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign
country of concern is defined in Section 287,138 (1)(c), Florida Statutes, as may be amended
from time to time, as the People's Republic of China, the Russian Federation, the Islamic
Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the
Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or
18
any other entity of significant control of such foreign country of concern. Additionally, beginning
July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Entity.
Sub -Recipient warrants and represents that it does not fall within the definition of a Prohibited
Entity, and as such, has caused an authorized representative of Sub -Recipient to execute the
"Prohibition Against Contracting with Entities of Foreign Countries of Concern AfFldavit",
incorporated herein by reference and attached hereto as Exhibit H.
[SIGNATURES TO FOLLOW]
19
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.
ATTEST: G
Secretary
.r t py- ay
Print Name
12 11 262S
Date
ATTEST
Signature
KEILA MENA
(v ✓ Rafael E. Granado City Clerk
Print Name
DFC D 205
'.IN(OfiVpVFAlEO,� E
Y ;a^
AYUDA, INC.
a Florida notfor- tit corporation
B
ure
Diana Susi Executive Director
Print Name and Title
CITY OF MIAMI BEACH, FLORIDA
a Florida municipal corporation
By
Signature
Eric T. Carpenter, City Manager
Print Name
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Attorney `.!?'
Date
,City
20
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:
AYUDA, Inc.
Federal Award
59-1761257
Identification
UEI Number:
LYH4W94V5ET3
Federal Award:
FY 2026 CDBG Funds
Subaward Period of
Retroactive to October 1, 2025 - September 30, 2026
Performance:
Budget:
$21.638.00 - as detailed in Exhibit. C- Budget
Federal Awarding
U.S. Department of Housing and Urban Development (HUD)
Agency:
City of Miami Beach - Office of Housing and Community
Pass -through Entity:
Development, a Division of the Office of Housing and Community
Services.
Prior to the 1 O" of every month starting the month after contract
execution:
Reports Due:
Progress
• Accomplishments
• Financial
Budget Amendment
June 30, 2026
Deadline
At least sixty (60) percent of your allotted grant funds must be
Expenditure Deadline
expended by June 30, 2026 as demonstrated by the total value of
reimbursements processed.
National Objective
Low- to moderate- income clientele: Elderly
Project:
Here For You Program
Project Location:
Scattered sites located within the City of Miami Beach limits
Address the needs of low-income elders living in Miami Beach,
Service:
mostly homebound and without support systems. The program will
ensure the environment receives deep cleaning which prevents
respiratory health crisis stabilizes health, and extends life.
Units of Service:
• Serve 20 Miami Beach elderly residents
• Services are provided Monday -Sunday from 9am-5 m
• Intake application including income eligibility, age and
consents
Deliverables:
Monthly report providing information and list of people
assisted
+ Staff timesheets
21
Requirements/Definitions:
This Program does not meet the applicability criteria for Davis -Bacon Act requirements;
therefore, Davis -Bacon prevailing wage provisions do not apply.
1. Section 3
This Program does not meet the Section 3 applicability thresholds for funding amount and/or
project type; therefore, Section 3 requirements do not apply.
2. Environmental Review
All projects must have an Environmental Review completed. The Subrecipient does not
assume the City's environmental responsibilities described in 24 CFR 570,604.
No Program Funds will be advanced, and no costs can be incurred, until the City has
conducted an Environmental Review of the proposed Program as required per 24 CFR §
58.
3. Compliance with National Objective
The Sub -Recipient must maintain documentation that demonstrates that the activities
carried out with funds provided under this Agreement meet one or more of the CDBG
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 § 570.208, specific documentation of
which shall be maintained in the Program file.
4. Income Verification
Sub -Recipient will ensure and maintain evidence that activities assisted with CDBG Funds
comply with the primary National Objective, "Benefit to 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 CPD Income Eligibility Calculator provided at
https://wow.hudexchange.infolincomecalculator/ to determine the Household eligibility. It is
the responsibility of the Sub -Recipient to become familiar with this tool.
5. Budoet Amendments
The goal should be to limit the use of Budget Amendments. Budget Amendments require
prior written approval by the City Manager.
To request a Budget Amendment, a written request for changes must be submitted to your
Grant Monitor delineating the changes and providing a detailed justification for making the
request. Approvals of any changes are at the sole discretion of the City Manager.
Budget amendments that deviate from the original scope will be rejected and the funds in
question may be subject to recapture at the sole discretion of the City Manager.
6. Evaluation
In its continuing effort to ensure contract compliance and performance, HCD will evaluate
the Sub -Recipient in its fulfillment of the terns of this Agreement including, but not limited
to, the following measures:
22
• Agreement compliance
• Accuracy and timeliness of Financial Reports
• Accuracy and timeliness of Progress Reports
• Adherence to Program timelines and Technical Assistance and Sub -Recipient
Instructions
• Fulfillment of prescribed outcomes
7. Monitoring & Performance Reviews
City reserves the right to inspect, monitor and/or audit the Sub -Recipient to ensure
contractual compliance. Monitoring visits will commence 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.
8. 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 ofthe 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 wilt verify with the Finance Department to ensure that no monies are due the City
prior to Agreement execution
9. Reportino Reguirements
Progress Report —The Sub -Recipient is required to submits Program Progress Report via
Neighborly software, as indicated in the Scope of Services. Even if no clients are served
during any particular quarter and/or no grant funds have been expended, the subrecipient
is still required to complete and submit the Quarterly 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 Program
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 Program
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 no more frequently than
once a month. The report delineates Program expenses incurred and must include
the corresponding evidence of expenses Incurred for any Program 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
23
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
10. 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.
11. Procurement Records
All expenses incurred with grant funds require evidence of procurement according to the
City's Procurement Regulation PO.16.06.
Sub -Recipient must retain and include the following rationale and documents supporting
any acquisition of goods and services that am being charged to this Program in compliance
with City' Procurement Regulation P0.16.06.
12. Unique Entity Identifier, SAM Registration and Debarment
The Subrecipient must have or obtain a Unique Entity Identifier (UEI) through sam.gov and
maintain current registration in the federal System for Award Management (SAM). Evidence
of active SAM registration must be submitted to the City prior to execution of this
Subrecipient Agreement and maintained throughout the term of the Agreement.
Funds under this Agreement shall not be used, directly or indirectly, to employ, award
contracts to, or otherwise engage the services of any contractor, subcontractor, or entity
that is debarred, suspended, or otherwise ineligible under the provisions of 24 C.F.R. Part
24.
13. 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 atall, 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.
14. Trainina Requirements
Sub -Recipient must ensure that the person responsible for preparing the Monthly Progress,
Accomplishment and Financial Reports attends the HCD's Sub -Recipient Reporting Training
and places the attendance certificate in the Program's file for inspection by HCD during its
monitoring visit.
24
15. Proof of Insurance
Evidence of appropriate and required insurance must be submitted prior to contract
execution. No City funds will be dispensed prior to submission of required insurance
coverage.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
25
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 CDBG 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
26
EXHIBIT C
BUDGET
The attached budget reflects the scope of expenses that may be incurred through this
Agreement.
MIAMI BEACH
CDBG FY 2025
Project Budget
Sub -Recipient.. Ayuda, Inc, Project: Ayoda, Inc.
Award Amount: $21.638.00
Please 4st all Hems that wa be reimbursed by the City of Miami Beach
Homemaker I
S 17,68000
10000%
5
17,880.00
_
FICA 1,I)CA-Unemployment
S 17,68000
65600%
5
1.51341
CemmonTj L�aisan' - --
S.. 2047920
11.00I%
S
2,444.59
CupasnEquatment Coats quantity UnHCoat line Total
ProicBaional Sri II I S ouantity Una Cast line Total
Other Costs Category TopN
3 21,638 0
27
EXHIBIT D
FINANCIAL MANAGEMENT
To comply with Federal regulations, each program must have a financial management system
that provides accurate, current and complete disclosure of the financial status of the activity. This
means the financial system must be capable of generating regular financial status reports which
Indicate the dollar amount allocated for each activity (including any budget revisions), amount
obligated (i.e., for which contract exists), and the amount expended for each activity. The system
must permit the comparison of actual expenditures and revenues against budgeted amounts. The
City must be able to isolate and to trace every CDBG 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 rat meet these requirements and
modifications are not possible, the City must administerthe CDBG 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 CDBG funds should prepare a time sheet Indicating the hours worked on CDBG 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 cad 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 voucherstinvoices should be on vendors 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 $1,0000,000 in a fiscal Year.
28
If the Sub -Recipient expends $1,000,000 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 § 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
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
§ 200.501.
2. Audits for Federal Awards under $1,000,000 In a fiscal year.
If the Sub -Recipient expends less than $1,000,000 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.
3. Cost Principles.
The Subrecipient shall administer its program in conformance with 2 CFR 200 as
applicable. These principles shall be applied for all costs incurred whether charged on a
direct or indirect basis.
0
4. Indirect Costs.
If included in the approved Program budget, the Subrecipient may charge indirect costs
to this Agreement at a de minimis rate of fifteen percent (15%) of Modified Total Direct
Costs (MTDC), in accordance with 2 CFR § 200.414(f).
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
T
EXHIBIT E
REPORTFORMS
MIAMI BEACH
Sub.Recipient:
AYUDA, INC.
Project:
Here For You
Funding Source:
CDBG FY 2025
Funding Fiscal Year:
2025_ -
Date of Reimbursement Request
Monthly Financial Report
Reporting Period:
Draw p a
Expense Category
Grant Award
Previous
Requests
Available
Balance
This Request
Dersonnel Expenses
S 2163800
$ -
$ 21,638.00
S -
Dperahng Expenses
$ -
$-
-apital/Equipment Expenses
$ -
$-
Dmfessionai Services Expenses
S -
$ -
$
Dther Ex uses
S
S
$
S -
$
n accordance with the contract between the City and the JUD-Ke(upient'. ine parries
acknowfedge that the Funds ongmete from HUD, and most be implemented in full compliance
NO all of HUD's rules and regulations.
n accordance with the contract between the City and the Sub -Recipient The Sub-Reoptent
agrees to comply with all applicable Federal regulations as they may apply to Program
administration and to carry out each activity in compliance with the laws and regulations as
iescribed in 24 CFR 570 Subpart K, as same may be amended from time to time, Additionally,
the Sub -Recipient vnli comply with all State and local (City and County) laws and ordinances
hereto applicable.
n accordance with the contract between the City and the Sub -Recipient. the Sub -Recipient will
ensure and maintain evidence that achwties assisted with HUD funds from the City comply wath
the staffed National Objective.
Signature of Preparing Party Signature of Authorizing Party
Name
Sate
31
REIMBURSEMENT SUMMARY
32
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EXHIBIT G
ANTI -HUMAN TRAFFICKING AFFIDAVIT
In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Sub -
Recipient hereby attests under penalty of perjury that Sub -Recipient does not use coercion for
labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking".
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishmentfor knowingly making a false statement includes fines and/or
imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Sub -Recipient.
SUB -RECIPIENT:
AY c., a F dda not -for -profit corporation.
amel itle: 171'�W14- 9ctz1 —Ca,f7
State of F L
County of -Yv\ . cam; - ) ;,d C
�Tcr G (Address)A c//�e�r. /
13---L1 33/46/
The foregoing instrument was acknowledged before me by means of 5q physical presence or ❑
online notarization, this it + day of 1) c t . 3b r 2025 by
,). A N A S c s, , as c C- o , of AYUDA, Inc., a
Florida not -for -profit corporatio own tom to be the person described herein, or who produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC
(Signature) `�'
_ Comm: rt03@6
E�pba:Jen.J8,1026
A NN157nJ-r 'a�'M�-NOYryPWic�SWadFIgIG
(Print Name)
My commission expires: 1 Y 1l0
39
EXHIBIT H
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the
undersigned, on behalf of Sub -Recipient, hereby attests under penalty of perjury that Sub -
Recipient does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138,
Florida Statutes: (a) Sub -Recipient is owned by a government of a foreign country of concern; (b)
the government of a foreign country of concern has a controlling interest in Sub -Recipient; or (c)
Sub -Recipient is organized under the laws of or has its principal place of business in a foreign
country of concern.
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Sub -Recipient.
SUB -RECIPIENT:
AY }C, Inc. a lorida not -for -profit corporation.
/io 91i B/seyyd� Qtd�
ame Itle: r' rJ yJz o,f�ddre s) 4jo Mj',fA0��L,
State of F L
County of _'vN
The foregoing instrument was acknowledged before me by means of O physical presence or ❑
online notarization, this 10' day of Z) 1 2025 by
D r AN A r , a$ Ct= o of AYUDA, Inc., a
Florida not -for -profit corporation nown m to bathe person described herein, orwho produced
as identification, and who did/did not take an oath.
NOTARY PUBLIC:
(Signature)
ANriC- Mrra e TaisC-Ad
(Print Name)
My commission expires: 1 / I s /a-b
+^^::^^y�
e !•..'`
_
Am Mwiei�
Comm.: HH2O3426
" � a
a, a ,s
EIpI1N:An.10,2026
M,"Pu0k.6AA9lngi66
40
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 contmct, 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 at seq., apply to this certification and disclosure, if any.
Contractor:
Authorized Representative (Name):
4ywdA, ��d .
Surf
Date Signed:
Auth d Representativ (Signature):
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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. pl. 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.
Contractor:
Authorized Representative (Name):
Date Signed:
Auth d Repress five (Signature):
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