HomeMy WebLinkAboutExhibit ACity of Miami
Miami For Everyone
Program Guidelines
Background:
On April 131" 2023, the Miami City Commission approved Resolution No. R-23-xxxx establishing the
Miami For Everyone ("MFE") program. The following Miami For Everyone guidelines were adopted in
said Resolution R-23-xxxx, to ensure the accountability and utilization of the program funds meets the
intent of the MFE Program. Funding for the MFE Program will be allocated by the City Commission.
Purpose:
The purpose of the Miami For Everyone program is to assist communities facing the long-term
complications resulting from declared emergencies and to address the specific needs of the most
vulnerable residents and businesses, through a strategy of focusing the provision of support towards
priority areas of need that will further stabilize economic conditions within City District(s). The City of
Miami created the Miami For Everyone program to address the needs of the most vulnerable residents
who continue to experience hardships due to a declared emergency (pandemic, natural disaster, etc.).
Miami For Everyone focuses on projects and programs providing services directly benefitting City of
Miami residents in the following priority areas:
• Affordable Housing'
• Educational Programs for children, youth and adults
• Elderly meals, direct financial assistance, transportation, recreational and health/wellness related
activities
• Direct financial assistance, food assistance (gift card programs, voucher programs)
• At -risk youth or youth summer job programs
• Transportation services and programs
• Job development, retention and training programs
• Homeless Services
• Food Distribution programs
• Necessary climate and resiliency improvements in compliance with program purpose and
guidelines
• Essential supplies, during a State of Emergency, natural disaster, or economic
crisis.
• Necessary infrastructure improvements in compliance with program purpose and guidelines
The expenditure of Miami For Everyone funds allocated under this Initiative shall only be expended to
benefit the interest of disadvantaged residents of the City of Miami.
Eligible Entities and Organizations:
Miami For Everyone fund recipients must be an active and registered State of Florida entity:
' All Affordable Housing projects shall be managed by the City of Miami's Department of Housing and Community Development
("HCD") and subject to compliance with HCD's applicable rules, guidelines, processes, and procedures, including but not limited
to, relevant funding agreements.
City of Miami
Miami For Everyone
Program Guidelines
(1) For Profit2; (2) Not -for profit organizations f 501(3)(c)}; (3) Governmental units; (4) Educational
and academic institutions; (5) City of Miami departments, Offices of City Elected Officials, agencies,
or boards.
Additional Program Guidelines and Requirements
• Any organization considered for or selected to receive Miami For Everyone funds must comply
with any and all local, state and federal laws, rules, regulations, or guidelines associated with the
programs funded, and such allocations may be revoked at the sole discretion of the City
Commission.
• Organization must complete a Miami For Everyone funding request form.
• MFE programs are subject to funding availability.
• MFE fund recipients will use funds for a program or initiative that reaches a significant number of
individuals and/or significantly mitigates the impacts of a declared emergency.
• Recipients will be required to enter into a grant agreement with the City of Miami prior to any
funding being disbursed. Said agreement shall include program/activity information and
language regarding:
o Resolution stating who is authorized to execute agreement with City of Miami
o Scope of Services including but not limited to number of residents being served, City of
Miami District/Location where services are being provided, program focus/priority area,
frequency of service, performance measures and any other performance metric deemed
relevant to the program priority area
o Budget detailing how funding will be utilized to provided services to City/District residents
as described in the Scope of Services
o Invoicing for activities and services provided and residents assisted or served
o Conflict of Interest
o Insurance as required by the City of Miami, which said requirements maybe amended by
the City's Department of Risk Management ("Risk") and approved by Risk, which may be
withheld in the City's sole discretion.
o Any other material terms deem applicable to ensure appropriate use of public funds
• If an agreement is not executed in six (6) months from the date of Commission approval, the
recipient will be recommended for de -obligation.
• Unless otherwise approved or extended by City Commission, the agreement term will end a year
following contract execution.
• Recipients will be required to complete an end of program close-out report certifying the services
provided, performance metrics, location of services, timeline for the provision of MFE related
services and a narrative of the overall accomplishments of the program. The City, from time to
time, may conduct on -site monitoring and/or audits of the MFE funded program/activity/service.
• Funds cannot be used to pay expenditures such as:
o Lobbying Activities
o Traveling for non -program participants
o Meals for non -program participants
o Pay bad debt
z Only eligible to be awarded funding for affordable housing projects.
City of Miami
Miami For Everyone
Program Guidelines
o Defense and prosecution of criminal and civil proceedings
o Donations or fund raising activities
o Individual or Personal expenses
o Pay same expense charged to other funding source (e.g. CDBG funds)
o Sponsorship of events and activities
o Any other expenditures deemed ineligible by the City of Miami
Organizations that discriminate based on race, color, sex, religion, national origin, age or disability
will not be recommended for funding. Administrative/Indirect expenses cannot exceed 10% of
the budget allocation.
• These guidelines are further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to, those prescribed by applicable City Charter and
City Code provisions.
• The attached Funding Request Form (pages 1-6) must be completed in its entirety by the applicant. The
completed form must besubmitted to the Office of Management and Budget before the entity may
added to the Commission Agenda for approval.
(March 28, 2023)
City of Miami
Miami For Everyone
Program Funding Request Form
CONTACT INFORMATION:
Contact Person:
Title:
Phone number:
Email Address:
Name of Person completing this form:
Legal Name of Organization:
Address (Street, City, State, Zip Code):
Executive Director of Organization:
Executive Director email:
Executive Director Contact Phone Number:
The organization is a registered and active State of Florida Corporation (select one):
❑ For -profit organization
❑ Not -for profit organization {501(3)(c)}
❑ Local governmental unit
❑ State governmental unit
❑ Educational and academic institution
❑ City of Miami department, office of elected official, agency or board
Page 1 of 6
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(March 28, 2023)
City of Miami
Miami For Everyone
Program Funding Request Form
ORGANIZATIONAND PROGRAM/PROJECT INFORMATION
Organization History and Background Information:
Is your program/project providing direct services to residents of the City of Miami? Yes ❑No ❑
Number of residents your entity will serve:
Frequency of Service:
Age Group Served:
Is your program/project related to a declared emergency in the City of Miami? Yes❑No❑
Name of Declared Emergency:
Date of Official Declaration:
Is your program/project impacting one of Miami's afflicted communities? Yes ❑ No❑
Geographic Area Served (specific to this project/program)
District Served (1, 2, 3, 4, 5, Citywide)
Neighborhood/Community being served:
Program/Project Priority area (Select one):
❑ Affordable Housing
❑ Educational Programs for children, youth, and adults
❑ Elderly meals, direct financial assistance, transportation, recreational and
health/wellness related activities
❑ Direct financial assistance, food assistance (gift card programs, voucher programs)
❑ At-riskyouth or youth summerjob programs
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(March 28, 2023)
City of Miami
Miami For Everyone
Program Funding Request Form
❑ Transportation services and programs
❑ Job development, retention and training programs
❑ Homeless Services
❑ Food Distribution programs
❑ Climate Resiliency Improvements
❑ Essential supplies, during a State of Emergency, natural disaster, or economic crisis
❑ Allowable Infrastructure Improvement per program purpose and guidelines
Page 3 of 6
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(March 28, 2023)
City of Miami
Miami For Everyone Program
Funding Request Form
Program/Project Title:
Project/Program Description:
Program Start Date: Program End Date:
Please describe how this program/project and funding will assist the community overcome the
adverse effects of the declared emergency:
IMPACT AND PERFORMANCE:
Describe overall expected outcomes and performance measures for this project/program:
Please attach additional pages to the back of this packet, if the space above is not sufficient.
Page 5of6
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(March 28, 2023)
4
City of Miami
Miami For Everyone Program
Funding Request Form
FUNDING REQUEST INFORMATION:
Amount Requested: $
Explain how the City of Miami's Miami For Everyone funding will be utilized:
Itemize MFE funding related to expenditures below:
Personnel Salaries & Wages:
Personnel Benefits
Space Rental:
Utilities (Electricity, Phone, Internet)
Supplies:
Equipment
Marketing:
Transportation (Participants):
Meals (Participants):
Professional Services (List each): $
Construction (attach schedule of costs): $
Other (please describe):
Other (please describe):
Other (please describe):
Return this form to: gbrito@miamigov.com
Page 5of6
(March 28, 2023)
City of Miami
Miami For Everyone Program
Funding Request Form
To be completed by the Entity/Recipient
By signing below you agree to the guidelines and stipulate that the information provided on this form is
accurate and complete.
Completed by (Print & Sign):
Date:
Additional Comments:
To be completed by District Commissioner/Mayor's Office
Recommended for funding: Yes ❑ No❑
Funding Recommendation:
Commission Meeting Date:
Additional Comments:
Completed by (Print & Sign):
Date:
To be completed by the Department
Received by (Print & Sign):
Date:
Additional Comments:
Page 6 of 6
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(March 28, 2023)
City of Miami
MFE Funding Agreement
CITY OF MIAMI
MIAMI FOR EVERYONE
FUNDING AGREEMENT
This MIAMI FOR EVERYONE AGREEMENT ("Agreement") is entered into this
day of , 20_ by and between the CITY OF MIAMI, a municipal
corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"),
and , a Florida not for profit corporation, located at
("RECIPIENT"). The CITY and the RECIPIENT may each
be referred to as a "Party" and may collectively be referred to as the "Parties."
WHEREAS, the City created the Miami For Everyone ("MFE") Program to assist
communities facing the long-term complications resulting from declared emergencies and to
address the specific needs of the most vulnerable residents and businesses, through a strategy of
focusing the provision of support towards priority areas of need that will further stabilize economic
conditions within City Districts; and
WHEREAS, the RECIPIENT submitted a Request for MFE Funding to the City; and
WHEREAS, the CITY adopted Resolution No. R-_- _ on , 20_,
wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of
dollars ($ .00) ("Funds"), attached
and incorporated as Exhibit "A", as applicable; and
WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set
forth the terms and conditions relating to the use of the Funds by the RECIPIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Parties agree as follows:
TERM
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
2. TERM: The term of this Agreement shall commence on , 20 and
shall continue until , 20 .
3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and
RECEIPIENT' S compliance with all of its obligations hereunder, the CITY hereby agrees to make
available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and
activity(ies) (as defined in Exhibit `B"), and as disbursed in the manner hereinafter provided.
City of Miami
MFE Funding Agreement
4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the
Scope of Work, attached and incorporated herein as Exhibit `B" and the Budget, attached and
incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY.
DISBURSEMENT OF FUNDS:
A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of
dollars ($ .00).
B. Payment shall be made in accordance with the schedule as set forth in Composite
Exhibit "D".
C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment
Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds
by the CITY.
Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a
valid and executed W9 form and completed City of Miami Supplier Direct Deposit
(ACH) Authorization Form, as applicable.
D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as
Exhibit "F", at the end of the program, summarizing the services, programs and/or activities
described in the Scope of Work as Exhibit `B" and included in the Budget as Exhibit "C".
5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands
that the use of the Funds is subject to specific reporting, record keeping, administrative and
contracting guidelines, audit, and other requirements affecting the activities being funded by the
MFE Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such
requirements and represents and warrants to the CITY that the Funds shall be used in accordance
with all of the requirements, terms and conditions contained therein, as the same may be amended
during the term hereof. Without limiting the foregoing, RECIPIENT represents and warrants that
it will comply with, and the Funds will be used in accordance with, all applicable federal, state,
and local codes, laws, rules and regulations.
6. RECORDS. INSPECTIONS. REPORTS/AUDITS AND EVALUATION. To the
extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and
18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as
being incorporated by reference herein and additionally apply to this Agreement. The CITY shall
have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and
City of Miami
MFE Funding Agreement
at reasonable times, and for a period of up to three (3) years following the termination of this
Agreement, audit, or cause to be audited, those books and records of the RECIPIENT
which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to
maintain all such books and records at its principal place of business for a period of three (3)
years after final payment is made under this Agreement. The CITY may also, and the
RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all
Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way
connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview
any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the
CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written
statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's
activities.
RECIPIENT understands, acknowledges, and agrees that:
a) The CITY must meet certain record keeping and reporting requirements regarding the
Funds and that in order to enable the CITY to comply with its record keeping and reporting
requirements, RECIPIENT shall maintain all records as required by the CITY; and
b) At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall
deliver to the CITY such reports and written statements relating to the use of the Funds as
the CITY may require from time to time; and
c) All costs and expenses of the activities described in Exhibit "C" shall be at actual cost
with no markups; and
d) RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by
monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or
inadequate information shall be grounds for the immediate termination of this Agreement
by the CITY and the immediate reimbursement to the CITY of any and all funds or amounts
disbursed pursuant to this Agreement.
RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications,
licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent
in the payment of any sums due to the City, including payment of permit fees, occupational
licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned
to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified
and trained to perform the tasks assigned to each.
City of Miami
MFE Funding Agreement
Any inconsistent, incomplete, or inadequate information, either received by the CITY or
obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement.
7. AWARD OF AGREEMENT: RECIPIENT represents and warrants to the CITY that it
has not employed or retained any person or company employed by the CITY to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with,
the award of this Agreement.
8. COMPLIANCE WITH FEDERAL. STATE AND LOCAL LAWS: RECIPIENT
understands that agreements between private entities and local governments are subject to certain
laws, codes, rules and regulations, including, without limitation, laws pertaining to public records,
conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable
laws, codes and ordinances as they may be amended from time to time.
9. INDEMNIFICATION: RECIPIENT shall indemnify, defend and hold harmless the CITY
and its officials, employees (collectively referred to as "Indemnitees") and each of them from and
against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person
or damage to or destruction or loss of any property arising out of, resulting from, or in connection
with (i) the negligent performance or non-performance of the Services contemplated by this
Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors
(collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive or in strict liability) of any of them,
or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or
the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or
requirements of any governmental authority, local, federal or state, in connection with the
performance of this Agreement even if it is alleged that the CITY, its officials and/or employees
were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the
Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee
or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the
RECIPIENT's liability to such employee or former employee would otherwise be limited to
payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to
indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities
City of Miami
MFE Funding Agreement
imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or
requirement, related directly to RECIPIENT's negligent performance under this Agreement,
compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or
suits for labor and materials furnished by RECIPIENT or utilized in the performance of this
Agreement or otherwise. This provision shall survive the termination or expiration of this
Agreement, as applicable.
RECIPIENT understands and agrees that any and all liabilities regarding the use of any
subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT
throughout the duration of this Agreement and that this provision shall survive the termination or
expiration of this Agreement, as applicable.
10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this
Agreement, any unspent MFE Grant funds shall immediately revert to the possession and ownership
of the CITY and RECIPIENT shall transfer to the CITY all unused MFE Grant funds at the time of
such expiration, termination, or cancellation.
11. DEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the
occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may
immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all
payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT
was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees
that termination of this Agreement under this section shall not release RECIPIENT from any
obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or
unwilling to commence to perform the Services within the time provided or contemplated herein,
then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred
by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses
incurred by the CITY in the procurement of the Services, including consequential and incidental
damages.
12. CITY'S TERMINATION RIGHTS: The CITY shall have the right to terminate this
Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least five
(5) business days prior to the effective date of such termination. In such event, the CITY shall pay
to RECIPIENT compensation for services rendered and expenses incurred prior to the
City of Miami
MFE Funding Agreement
effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional
compensation, other than that provided herein, or for any consequential or incidental damages.
13. REMEDIES FOR NONCOMPLIANCE* The CITY retains the right to terminate
this Agreement at any time prior to the completion of the services required pursuant to this
Agreement without penalty to the CITY. In that event, notice of termination of this Agreement
shall be in writing to the RECIPIENT, who shall be paid for those services performed prior to the
date of its receipt to the notice of termination. In no case, however, shall the CITY pay the
RECIPIENT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the RECIPIENT that any payment
made in accordance with this Agreement to the RECIPIENT shall be made only if the
RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default,
the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever.
If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take
one or more of the following courses of action:
(1) Temporarily withhold cash payments pending correction of the deficiency by
the RECIPIENT, or such more severe enforcement action as the CITY
determines is necessary or appropriate.
(2) Disallow (that is, deny both the use of funds and matching credit) for all or part
of the cost of the activity or action not in compliance.
(3) Wholly or partially suspend or terminate the current MFE Program Funds
awarded to the RECIPIENT.
(4) Withhold further MFE Program funding for the RECIPIENT.
(5) Take all such other remedies that may be legally available.
14. MARKETING: RECIPIENT shall consult with the City Manager, or his or her designee,
regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to
approve the form and placement of all acknowledgements, which approval shall not be
unreasonably withheld.
15. INSURANCE: The required Insurance, as approved by the City of Miami Department
of Risk Management shall be provided by the RECIPIENT and all such proof shall be
City of Miami
MFE Funding Agreement
attached as an Exhibit to this Agreement. Those entities/individuals required to be listed as
additional insured by the Department of Risk Management shall be included on all insurance
certificates and furnished by the RECIPIENT.
RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in
accordance with Exhibit "E" attached and incorporated by this reference. All such insurance,
including renewals, shall be subject to the approval of the City for adequacy of protection and
evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating
such insurance to be in force and effect and providing that it will not be canceled during the
performance of the services under this contract.
Execution of this Agreement is contingent upon the receipt of proper insurance documents.
16. NONDISCRIMINATION. RECIPIENT represents and warrants to the City that
RECIPIENT does not and will not engage in discriminatory practices and that there shall be no
discrimination in connection with RECIPIENT's performance under this Agreement on account
of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further
covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex,
religion, age, handicap, marital status or national origin, be excluded from participation in, be
denied services, or be subject to discrimination under any provision of this Agreement.
17. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT, in whole or in
part, without the prior written consent of the CITY, which may be withheld or conditioned, in the
CITY'S sole discretion.
18. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER
RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief
that it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal, State, or local
agency.
b) Have not within a three (3) year period preceding the adoption of the Resolution,
attached and incorporated as Exhibit "A", as applicable, been convicted of or had a
civil judgement rendered against them for the commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal
City of Miami
MFE Funding Agreement
or State antitrust statutes or falsification or destruction of records, making false
statements, or receiving stolen property;
c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph 16.b of this certification; and
d) Have not within a three (3) year period preceding the adoption of the Resolution,
attached and incorporated as Exhibit "A", as applicable, had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall submit an explanation to the CITY and the
CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this
Agreement.
19. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt
requested, addressed to the other party at the address indicated herein or to such other address as a
party may designate by notice given as herein provided. Notice shall be deemed given on the day
on which personally delivered; or, if by mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
RECIPIENT CITY
City of Miami
Office of Management & Budget
444 SW 2nd Avenue, 5d' Floor
Miami, FL 33130
Attn: Marie Gouin, Director
With copies to:
Office of the City Attorney
444 SW 2nd Avenue, Suite 945
Miami, FL 33130
Attn: Victoria Mendez, City Attorney
City of Miami
MFE Funding Agreement
20. PUBLIC RECORDS: Pursuant to the provisions of Section 119.0701. Florida
Statutes, RECIPIENT must comply with the Florida public records laws, specifically the
RECIPIENT must:
A. Keep and maintain public records that ordinarily and necessarily would be required
by the public agency in order to perform the service.
B. Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter of the Florida Statutes or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all public records in possession of the RECIPIENT upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements.
E. All records stored electronically must be provided to the CITY in a format that is
compatible with the information technology systems of the CITY.
IF THE RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W.
2ND AVENUE, SUITE 945, MIAMI, FL 33130.
21. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with,
the following provisions regarding conflict of interest in the performance of this Agreement by
RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such
conflict of interest provisions including, but not limited to:
(a) the Code of the City of Miami, Florida, Chapter 2, Article V; and
(b) Miami -Dade County Code, Section 2-11.1.
22. GOVERNING LAW. VENUE. AND FEES: This Agreement shall be construed and
enforced according to the laws of the State of Florida. Venue in all proceedings shall be in
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MFE Funding Agreement
Miami -Dade County, Florida and the parties explicitly agree to the use of this venue. The term
"proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including
voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties
both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or
other proceedings between the parties arising out of the Agreement, each party shall bear its own
attorney's fees.
23. WAIVER OF JURY TRIAL: Neither the RECIPIENT, nor any assignee, successor,
heir or personal representative of the RECIPIENT, nor any other person or entity, shall seek a jury
trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or
arising out of any of the Agreement and/or any modifications, or the dealings or the relationship
between or among such persons or entities, or any of them. Neither the RECIPIENT, nor any other
person or entity will seek to consolidate any such action in which a jury trial has been waived with
any other action. The provisions of this paragraph have been fully discussed by the parties hereto,
and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any
manner agreed with or represented to any other party that the provisions of this paragraph will not
be fully enforced in all instances.
24. MISCELLANEOUS PROVISIONS:
A. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
B. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
C. In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms of this Agreement shall control.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
City of Miami
MFE Funding Agreement
25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this
Agreement shall not be delegated or assigned to any other person or firm, in whole or in part,
without the CITY'S prior written consent, which may be withheld in the CITY'S sole discretion.
26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
27. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors,
employees, and agents shall be deemed to be independent contractors, and not agents or employees
of the CITY, and shall not attain any rights or benefits under the civil service or pension programs
of the CITY, or any rights generally afforded its employees; further, they shall not be deemed
entitled to Florida Workers' Compensation benefits as employees of the CITY.
28. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall,
in any way, inure to the benefit of any third parties so as to constitute any such third party a
beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to
any cause of action in any parry not a party hereto.
29. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of allocated and available funds, reduction or
discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30)
days' notice.
30. RECIPIENT CERTIFICATION: The RECIPIENT certifies that it possesses the legal
authority to enter into this Agreement pursuant to authority that has been duly adopted or passed
as an official act of the RECIPIENT'S governing body, authorizing the execution of this
Agreement, including all understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of the RECIPIENT to act in
connection with this Agreement and to provide such information as may be requested. The
aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G"
31. AUTHORITY. Each person signing this Agreement represents and warrants that he or
she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party
represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations and the certifications hereunder have been duly authorized
City of Miami
MFE Funding Agreement
and that the Agreement is valid and legal agreement binding on such party and enforceable in
accordance with its terms.
32. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral
interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall
not apply the assumption that the terms hereof shall be more strictly construed against one party
by reason of the rule of construction that an instrument is to be construed more strictly against the
party which itself or through its agents prepared same, it being agreed that the agents of both parties
have equally participated in the preparation of this Agreement.
33. ENTIRE AGREEMENT. This instrument and its attachments constitute the sole and
entire agreement between the parties relating to the subject matter hereof and correctly sets forth
the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no force
or effect. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
34. COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be
executed in any number of counterparts, each of which so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose
name is contained therein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement upon request.
[Remainder intentionally left blank; Signature page to follow]
City of Miami
MFE Funding Agreement
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, this the day and year above written.
ATTEST:
Todd B. Hannon, City Clerk Date:
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mendez
City Attorney
ATTEST:
Print Name:
"CITY"
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Arthur Noriega V, City Manager Date:
APPROVED AS TO INSURANCE
REQUIREMENTS:
Date: Ann -Marie Sharpe, Director
Risk Management
"RECIPIENT"
Date:
A Florida Not -For -Profit Corporation
Print Name:
Title: Title:
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT A - CITY OF MIAMI RESOLUTION
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT B — SCOPE OF WORK
Insert Pages 2 & 3 from Miami For Everyone Funding Request Form
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT C — BUDGET
Insert Page 4 from Miami For Everyone Funding Request Form
MIAMI FOR EVERYONE
FUNDING AGREEMENT
COMPOSITE EXHIBIT "D"
MFE AGREEMENT
COMPOSITE EXHIBIT "D"
PAYMENT SCHEDULE
1. The CITY shall pay the RECIPIENT, an amount not to exceed
$ for the services provided pursuant to this Agreement.
2. Request for Payments should be submitted to the CITY in a form provided by the City and
included in this Exhibit as Request for Payment Form.
3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days
following the expiration date or termination date of this Agreement in a form provided by the
CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit
all rights to payment and the CITY shall not honor any request submitted thereafter.
4. Schedule of payments to RECIPIENT will be as follows:
5. Any payment due under this Agreement may be withheld pending the receipt and approval by
the CITY of all reports and information due from the RECIPIENT as a part of this Agreement
and any modifications thereto.
MFE Request for Payment Form
Date: Invoice Number:
Send to: City of Miami
Office of Management & Budget
444 SW 2nd Ave., Sth Floor
Miami, FL 33130
Program/Project Title:
Recipient's Name:
Recipient's Address:
I hereby request payment in the amount of $ for expenses incurred in relation to
the City of Miami's Miami For Everyone Activity/Program/Services provide below.
Number of People
Served/Location of
Services
Description
Rate
Amount
TOTAL:$
I certify that the Program/Service was provided in accordance to the approved Program/Project as
described in the MFE Funding Request Form and that expenses were incurred in the provision of said
Program/Service.
Authorized Representative Type Name
Signature
Title:
Date
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT E — INSURANCE REQUIREMENTS
Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
Primary Insurance Clause Endorsement
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 300,000
B. Endorsements Required
City of Miami listed as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional/E&O Liability
Each Claim $250,000
Policy Aggregate $250,000
Retroactive date Included
The above policies shall provide the City of Miami with written notice of
cancellation or material change from the insurer in accordance to policy
provisions.
Companies authorized to do business in the State of Florida, with the following
qualifications, shall issue all insurance policies required above:
The company must be rated no less than "A" as to management, and no less
than "Class V" as to Financial Strength, by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or
its equivalent. All policies and /or certificates of insurance are subject to
review and verification by Risk Management prior to insurance approval.
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT F — CLOSE-OUT REPORT
The Close Out Report must be completed at the end of the program.
Date
Program/Project Title:
Recipient's Name:
Recipient's Address:
City of Miami
Miami For Everyone Program Close -Out Report
Allocation Amount:
Please provide the information in reference to all the services provided with the City of Miami Miami For
Evervone program:
Program Start Date and End Date
Program/Project Priority Area
Description of Project/Activity/Service
District where Project/Activity/Service were
District 1, District 2, District 2, District 3, District 5 and/or
Provided
Citywide
Location of Project/Activity/Service (ie. Site,
neighborhood, area)
Project KPI (Ex. # People, Households Served,
workers/students enrolled)
Frequency of Project/Activity/Service over the
period of performance
Narrative describing overall results (How
the program has helped the community
recover from the declared emergency.)
I certify that the Program/Service was provided in accordance to the City of Miami Miami For Everyone Program
Guidelines
Signature
Date
Type Name
Title:
Return to: City of Miami
Office of Management and Budget
444 SW 2nd Ave., 5t" Floor
Miami, FL 33130
MIAMI FOR EVERYONE
FUNDING AGREEMENT
EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION