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EXHIBIT SUB
.53ecbs'Alvtt k 1 fir)'? oyt 2 ( c ti-fug' rL" ,4e 8a--• zC Grant Agreement Between Action Community Center, Inc and the City of Miami For the Provision of Transportation Services This Grant Agreement is made, entered into, and effective as of the latest date set forth on the signature page hereto, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "the City," with its principal place of business located at 444 S.W. 2 Avenue in Miami, F1 33130, and Action Community Center, a Florida non-profit corporation, hereinafter referred to as the "Contractor," with its principal place of business located at 970 S.W. 1 Street in Miami, Fl 33130 (each, a "Party," and collectively, the "Parties"). WITNESSETH: WHEREAS, it is desirable to provide an alternative form of pre -arranged transportation service to the residents of Miami who are low and moderate income elderly and who are disabled; and WHEREAS, Ordinance No, 02-117 of the Miami -Dade County Code, entitled "Charter County Transit System Sales Surtax," also known as the Peoples Transportation Plan, mandates municipalities to expend a minimum of twenty percent (20%) of their share of the one-half cent Transit Surtax proceeds for transit purposes; and WIIER.;AS, pursuant to Committee Substitute for House Bill (CS/IIB) 1271, recently adopted by the Florida Legislature, and signed by the Governor and effective July 1, 2010, which provides that the expansion, operation, and maintenance of on - demand transportation services are an allowable use of the Charter County Transit System Sales Surtax; and WHEREAS, the City agrees that an alternative form pre -arranged transportation service would be of benefit to eligible residents of Miami; and WHEREAS, pre -arranged transportation service would not duplicate the Miami - Dade Transit Special Transporgation Service; and WHEREAS, the City Manager has determined that Action Community Center, Inc., a non-profit corporation established since 1971 and providing transportation services to the low to moderate income elderly and the disabled since its inception, offers the City the most advantageous agreement based on a combination of extensive experience, hands-on management, local resources, and, would minimize the adverse impact of reducing transportation services to many transit dependent riders in Miami; and WHHEREAS, the Contractor will provide this pre -arranged transportation service to the eligible population of low to moderate income elderly and the disabled for a period of one (1) year for Fiscal Year 2010-11, and only the prior Fiscal Year 2009-10 amount 0 -)-(6Z3 1 expressly included in the terms of this Agreement ,and approved by the City of Miami ; and WHEREAS, on or before the expiration of the one (1) year term of this Agreement the City of Miami intends to competitively solicit these services in accordance with the applicable provisions of the City of Miami Procurement Ordinance: NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the City and Contractor agree as follows: ARTICLE 1 EXHIBITS AND DEFINITIONS DEFINED TERMS: As used herein the .following terms shall mean: 1,1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Board of County Commissioners" shall mean the local legislative body of Miami -Dade County, a Home Rule Charter County. 1.3"City Commission " shall mean the local legislative body of the City of Miami, a Florida municipal corporation located in Miami -Dade County, Florida. 1.4 "Contractor" shall mean any entity, public or private, providing pre -arranged transportation services as described in this Agreement under contract to the City. The Contractor is Action Community Center, a Florida non-profit corporation. The Contractor is an independent Contractor of the City, and not an agent authorized to bind the City. The Contractor and its employees shall receive no City employment, vacation, health care, or any other City benefits or stipend. Any provisions of this Agreement that may appear to give the City any right to direct the Contractor concerning the details of operating its circulator bus transportation service, or to exercise any control over such performance, shall mean only that the Contractor shall follow the direction of the City concerning the end results of the performance. 1.5 "Pre -arranged transportation service" shall mean door-to-door, free of charge transportation services to the eligible population pre -arranged 24 hours in advance of service provision and for the trip purpose of visiting government and medical facilities, hot meal and food procurement, participating in recreational activities sponsored by public entities, and for personal rehabilitation. "Pre -arranged transportation service" for purposes of this Agreement will have the same meaning as "on -demand transportation services" as that term is defined by §212.055(1) (e), Fla. Stat. (2010), as amended, which statute is deemed as being incorporated by reference herein. 2 1.6 "Eligible Population" for pre -arranged transportation services shall mean eligibility based on income, age, and disability and Miami residency. Low and moderate income persons and households qualify for services. Those levels are defined as incomes equal to or less than the U.S. 1-IUD Rental Subsidy Program (Section 8) low-income or very low-income limits established by HUD annually. Age is defined as 60 years old or above. Disability and residency is verified by the participant submitting a Confidential Letter provided by the U.S. Social Security Administration. The participant may not be eligible for Special Transportation Service (STS), 1.7 "The City" shall mean the City of Miami and authorized representatives thereof. 1.8 "M1Y1' shall mean the Miami -Dade Transit and authorized representatives thereof. 1,9 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. 1.10 "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized representatives thereof. 1.11 "Fares" shall mean individual transportation fees paid by passengers will not be required. 1.12 "STS", Special Transportation Service shall mean demand -response paratransit system, the component of the conventional transit system designed to provide comparable transit service to disabled individuals as mandated in the ADA. EXHIBITS: Attached hereto and forming a part of the Agreement are the following Exhibits: Exhibit A Certificate of Liability Insurance from Action Community Center Exhibit B Action Community Center Budget for Pre -Arranged Transportation Services for July 1, 2010 --- September 30, 2010 Exhibit C Action Community Center Budget for Pre -Arranged Transportation Services for October 1, 2010 September 30, 2011 Exhibit D Work Program Specifications for the Provision of Pre - Arranged Transportation Services Exhibit E Corporate Resolutions with Authorized Representative Statement Exhibit F State of Florida Current Year Corporation Registration Certificate Exhibit G names, addresses and professional affiliation of Members Board of Directors 3 ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Applicable Laws and Regulations. Compliance with laws includes, without limitation, approval by the Board of County Commissioners , by ordinance, resolution, or motion of the Board ,that they approve the expenditure by the City of Miami of a portion of the Charter County Transit System Surtax granted to the City for pre -arranged transportation serviels, also known as on -demand transportation services. The approval by the Board of County Commissioners shall be required as a condition precedent to any payments being made by the City of Miami pursuant to the provisions of this Agreement. It is agreed by the parties that if such Board of County Commissioners approval is not obtained no payments will be made by the City of Miami under the terms of this Agreement. The Contractor shall have no recourse against the City for any failure to make a payment unless the requirements of this section have first been fully complied with. The Contractor shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local (e.g. County & City) , which are applicable to, or in any manner affect, the provision of the City of Miami Pre- arranged Transportation Services, The Contractor shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The Contractor shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 Vehicle Licensing. All vehicles utilized by Contractor to provide transportation services shall at all tines be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. 2.3 Vehicle Standards. Contractor's vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami -Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDT. All vehicles utilized to provide pre -arranged transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply with safety, mechanical, and 4 vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.4 Chauffeur Requirements, Contractor's vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT. 2.5 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of pre -arranged transportation services provided by the Contractor as an independent Contractor of the City for the benefit of the City. 2.6 Compliance with ADA. The City's pre -arranged transportation services, as operated, directed, and managed by the Contractor shall comply with all applicable requirements of the ADA. To the extent that any terms of this Agreement are in conflict with the ADA, the requirements of the ADA shall control. 2.7 Compliance with Procurement Requirements, The Contractor agrees to comply with applicable federal, local , and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. 2.8 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County, the Contractor shall certify that it will have a drug -free workplace program. Further, the Contractor shall require pre -employment drug testing and other periodic drug testing for all persons holding safety -sensitive positions, as defined by USDOT, related to transit operations, Effective upon execution of the Agreement, the Contractor shall require that its employees comply with all applicable requirements of the USDOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.9 Amendments or modifications, Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signature of Contractor and of the City Manager, or designees, and are subject to prior authorization by the Miami City Commission. ARTICLE 3 CITY OF MIAMI PREARRANGED TRANSPORTATION SERVICES 3.1 Fares. Contractor will not charge a fare for the use of the pre -arranged transportation services, 5 3.2 Use of Logo, The Contractor may wish to design a logo uniquely identifying its pre -arranged transportation service. Any logo will he subject to the written approval of the City Manager, If they do so, such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement. ARTICLE 4 INSURANCE The parties hereto acknowledge that the City is a self -insured governmental entity subject to the limitations of Section 768,28, F,S, The City Risk Manager shall collect and keep on file documentation of insurance of any and all private providers operating the City of Miami pre -arranged transportation service. At all times during the term hereof, the Contractor shall maintain insurance and bonding coverage acceptable to the City Risk Manager. Prior to commencing any activity under this agreement, the Contractor shall furnish to the City Risk Manager original certificates of insurance and bonding indicating that the Contractor is in compliance with the insurance provisions (See Exhibit "A"), The Contractor shall provide at minimum the following coverage: (i), Comprehensive General Liability and umbrella liability coverage in an amount not less than $300,000 per person per occurrence, protecting the City and the Contractor against liability incidental to the use of, or resulting from an accident occurring on or about, its property, including coverage for: (a) fire, explosion, collapse, and underground hazards, completed operations and independent contractors, and (b) automobile liability for all owned vehicles, as well as coverage for non -owned and hired automobiles, The City shall be named an additional insured for policies under this subsection (i). (ii) Workers' compensation insurance as required by the laws of the State of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the City Risk Manager, (iv) A bid bond or performance bond in such form as may be required by the City Risk Manager. Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grand of funds hereunder, The City shall be named as Loss Payee. 6 All such insurance shall insure the City as the primary additional insured, with a loss payable clause in favor of the City. The Contractor shall be required to furnish evidence of any other insurance coverage the City may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the City at least 30 days prior written notice of termination, cancellation, expiration, or modification, and all such policies shall be written by insurance companies satisfactory to the City. There shall be no exclusions in such policies that override the City's coverage. Compliance with the foregoing requirements shall not relieve the Contractor of its liability and obligations under this section or under any other section of this Agreement. ARTICLE 5 INDEMNIFICATION 5.1 Indemnification By Provider. The Contractor shall pay and save the City, its officials and employees harmless from and against any and all claims, liabilities, losses, and causes of action which May arise out of the Contractor's activities related to the Work Program or otherwise under this Agreement, including , without limitation, actions or claims by governmental( public) agencies claiming that these transportation services or their funding by the City are in violation , or in derogation of ,any applicable laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, or all acts or omissions to act on the part of the Contractor and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the City, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the City in the defense or investigation of any such claims or other matters. ARTICLE 6 FUNDING AND FINANCIAL ASSISTANCE 6.1 Payments. Any payments are subject to prior and full compliance with the requirements specified in Section 2.1 of this Agreement. All payments shall be reimbursements for pre -arranged transportation services in an amount not to exceed $142,605, as specified in Exhibit "B", for the period between July 1, 2010 through September 30, 2010, and, as specified in Exhibit "C", in an amount not to exceed $350,000 for a, period of one year, October 1, 2010 through September 30, 2011, Funds will be appropriated from the City's Transportation and Transit Special Revenue Fund, the transit portion of the Surtax, entitled "Grant To Action Community Center For Pre -Arranged Transportation Services." The City shall not be liable for any debt, obligation, fee, or cost beyond this amount or beyond this express time period . 7 6.2 Term, During the one (1) year term hereof and for a period of three (3) years following the date of the last payment made hereunder, the City shall have the right to review and audit the time records and related records of the Contractor pertaining to any payments by the City. 6.3 Request for Payment. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the City within thirty (30) calendar days after the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. 6,4 Final Payment Request. The Contractor must submit the final request for payment to the City within 30 calendar days following the expiration date or termination date of this Agreement. If the Contractor fails to comply with this requirement, the Contractor shall forfeit all rights to payment and the City shall not honor any request submitted thereafter. 6.5 Payment Withholdings, Payment Reimbursements , Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the Contractor as a part of this Agreement and any modifications thereto, In the event of any claim, challenge, action , liability, action, cause of action or proceeding challenging the legality of this funding by the City, or of this Agreement , or of the selection of the Contractor to provide these services the City Manager, in his sole discretion , is authorized to withhold any pending or future payments due under this Agreement until such claim, challenge, action, liability, cause of action or proceeding is resolved in favor of the Contractor and the City , as applicable. Contractor shall have no recourse against the City for such action. The Contractor shall further promptly reimburse to the City any payments received under this Agreement if a court of competent jurisdiction enters a final order that such payments are in contravention of any applicable law, rule, ordinance or regulation governing this funding. The Contractor shall have no recourse against the City for withholding payments under this section, ARTICLE 7 TERMS, MODIFICATIONS ANI) MISCELLANEOUS PROVISIONS 7.1 Term of Agreement. This Agreement shall commence following approval of the City Commissioners of the City of Miami and upon the execution and authorization by the parties and shall remain in force for one year (1) concurrent with Fiscal Year 2010-1 1 . The commencement date will be October 1, 2010 and the expiration date will be September 30, 2011, unless earlier cancelled as provided in this Agreement . This Agreement does not provide for any renewals 8 or extensions beyond the above stated time. It is the intention of the City of Miami to competitively solicit these or similar services on or before September 30, 2011 .. The Contractors Work Program is outlined under Exhibit "D". A specified sum of $142,605 has been allowed for eligible payments for expenses incurred by the Contractor in Fiscal Year 2009-10, 7.2 Renegotiation or Modification. Any .substantive changes in the level of service to be provided by the Contractor as set forth herein shall only be implemented after the City has entered into a written agreement with Contractor describing the changed services. 7.3 Title VI and VII Civil Rights Act of 1964. The Contractor shall not unlawfully discriminate against any person because of race, color, sex, religious background, ancestry or national origin in the performance of the Agreement. 7.4 Termination for Cause. This agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Shuttle operations are in violation of health and/or safety -related provisions of state statutes or the Code of Miami -Dade County, in which case termination shall be as determined by the City Manager. Said notice shall he delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. 7.5 "Termination without Cause. The City Manager may terminate this Agreement at the convenience of the City without cause upon no less than sixty (60) days written notice to the other party. All funding obligations of the City shall automatically oease effective on the date of termination. 7.6 Notices. All notices and other communications required to be remitted pursuant to this Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: FOR THE CONTRACTOR: Action Community Center, Inc Maria P. Albb, Prin. Exec, Officer 970 SW First Street, Suite 304 Miami, Florida 33130 With a copy to : Office of the CIP Director City of Miami MRC Building FOR CITY OF MIAMI: Office Of The City Manager City Hall 3500 Pan American Drive Miami, Florida 33133 9 444 SW 2" Av., Suite 945 Miami, F1. 33130-1910. 7.7 Complete and Binding Agreement, This writing embodies the full and complete agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the parties. 7.8 Execution, This document shall be executed in four (4) counterparts, each of which shall be deemed an original. 7.9 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any proceedings between the parties shall be in Miami Dade County, Florida. In order to expedite litigation, the parties agree to voluntarily and knowingly waive their rights to a jury trial, to claim attorney's fees from the other or to file permissive counter claims in any proceedings arising out of this agreement. 7.10 Non -Assignment. This agreement is unique in nature. The Contractor shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City Commission's prior written approval, which approval may be unreasonably withheld. Any assignment in violation of this paragraph shall constitute a default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee. IN WITNESS WI -HEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: CONTRACTOR Action Community Center, Inc. 970 SW First Street, Ste 304 Miami, Florida 33130 A Florida not -for -profit corporation By: Corporate Secretary Maria P. Albo Principal Executive Officer (Attach Corporate Resolution) 10 SEAL CITY OF MIAMI, a municipal Corporation of the State of Florida ATTEST: By: Priscilla A. Thompson Carlos A. Migoya City Clerk City Manager APPROVED AS TO APPROVED AS TO LEGAL INSURANCE REQUIREMENTS: FORM AND CORRECTNESS: Gary Reshefsky, Director Julie O. Bru City Attorney 11 EXHIBIT A CERTIFICATE OF LIABILITY INSURANCE OPID RF ACTIO-2 DATE (MMIDIOMYYY) 02/26/10 PRODUCER Avante Insurance Agency, Inc, 7490 Wert Flagler Street Miami FL 33144 Phone:305-648-7070 8'ax:305-648-7090 INSURED Action Community Center Inc. 970 1W 1 Street #304 Miami FL 33130 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION • ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURER Aunnol uoud nu4,uviuu Ion. Co. INSURER B' nauccode10 bmurouce Coanony INSURER C: Ilntional iollo/o lby Co of BoutB INYURIiIi IX fTT Tle rt turd )n¢dr v,on eoupooy NAIC # COVERAGES 711F: POLICIES OF INSURANCE: LISTED BELOW HAVE BEEN ISSUED '1'0'111E IN'3URE0 NAMED ABOVE FOR THE POLICY PER1001141)ICATF:O. NOTWITHSTANDING ANY RF.U01REh1EIIT, TERM 0R 00001110/4 OF ANY CONTRACT OR OTI IER DOCUMENT WITH RESPIi0'1 TO WIiICI I TFIIS CERTIFICATE MAY DE ISSUED OR MAl' PEI MIN. THE INSURANCE AFFORDS.° RY 011E POLICIES DESCRIBED HEREIN IS SUBJECT TO AIL THE TERMS, EXCLUSIONS ANN CONDITIONS OF SUCI I POLICIES AGGREGATE LIMITS SI 'OWN MAY f1AVE BEEN REDUCED BY PAID CCLAIMS. ...................._.—.—..._..—•_...................... IFIDR'/I0D'U.... ........_.._—_— L'fR.INSl10 TYPE OF INSURANCE POLICY NUMDER POLIZ`l' ERt 1000I1 OATS (rd1A/0D/Y0YY) POLICY'EXF'IIIRMYION DATEIMMIODP/YYYI ... ..._.__ _....._............_._....... ... _._ LIMITS GENERAL LIABILITY EACH OCCURRENCE 51.,000,000 }3 X COMMERCIAL GENERAL LIABILITY !CLAIMS MADE LX.i OCCUR ACP5909302505 12/31/09 12/31/10 pREAiISEunIENTED-SfEaoccw¢nwl MED EXP(Any one puraon) S 30U, 000'__ 35,000 :' PERSONAL F. ACV INJURY 71,000,000 ..__ ..—_..._..... ... ...._,...._ GENERAL AGGREGATE .F 2, 000, 000 1T1Ij0, AGGf1EGA1'E IJldfl' APPLIES PER: • .I PRODUCTS • COMP/OP A0G 32,000,000 mumri �ry8; L...•1 LUC• AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Co ¢Ccidenq 3500,000 O AL I.OWNED AUTOS IT SCHEDULED AUTOS 74APS0190.91 02/24/10 02/24/11 BODILY IN,IL1ilY (Pot Pnr¢on) 3 C C X HIIiEDAuioo X NON•OWNED AUTOS 74AP3019091 74APS019091 02/24/10 02/24/10 02/24/11 02/24/11 BODILY INJURY (Per accident) .—...1 _..._.....,._... ........... .....__ , PROPERTY DAMAGE (Pcl uccdenl) 1 r GARAGE LIABILITY AUTO ONLY - EA ACCIDEI17 4 ' - ANY AUTO i DTTIEP. N EA ACC THAN AUTO.OHA AGO 1 __ _ _.. ............_-- 5 I EXCESS / UMBRELLAI.IABII.ITY F.ACII OCCURRENCE 3 1 OCCIJrl i j CLAIMS MADE AGGREGATE S ' .-._.._.. I_ OEDUCTIDLE .. •. a I RETENTION 5 .S WORKERS COMPENSATION AND EMPLOYEES' LIABILITY 1•VL'• SIAIU• OIH. TOR LIMITS X E"• ...,.fR.. •.:.:..:.. A y / N ANY PFi0I'RIEroN/PAIITIJER/EXECIII'IVI',-1 OP F•Ir.EIUMI]All'll EXCLUDED? I (MonflalorylnNR) I( Ynr,, doeuitm under SPECIAL PROVISIONS billow %y{+6C1D 04222 11/20/09 11/20/10 ....... _.._. _._.I! ____ E.L. EACH ACCIDENT _...,__...._—_---.__......._...—.---_----,_.-- E.L. DISEASE • EA EMPLOYEE ......................__...�........,....._...,.._._....._ E.L. BISIEARE - POLICY LIMIT _ ___ :4500, 000 3500, 000 5 5 0 (J , 000 OTIIER D Personal Property B • Business Income ACP5904302505 ACP5904302505 12/31/09 12/31/09 12/31/10 12/31/10 1000 Ded 820,000 1000 Ded $30,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT 15PECIAL PROVISIONS 5% Wind 0•Hail. Deductible/ Locat_on: 970 SW 1st St, 0304 Miami, F1 33172 • D.BOMD 21BDDAH7807 7/02/09-7/02/10 $100,000 $500 DED Including as additional insured City of Miami. City of Miami Lost Payee. CERTIFICATE HOLDER CANCELLATION CITYM33 City of Miami Department of CIP and Transp. Office of City Manager. 444 SW 2nd Ave 10th Floor Miami FL 33130 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I1EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN • NOTICE TO T1IE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO. SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE •r.�r.J'.c.tV�i•T •G'�I G_., 'Y1 l . 910 01980.2009 ACORD CORPLOiRATION. All rights reserved. The ACORD name and logo ere registered marks of ACORD EXHIBIT B CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY: ACTION COMMUNITY CENTER, INC. FUNDING SOURCE: TRANSPORTATION AND TR FISCAL YEAR: 07-01-10 TO 09-30-10 ~ ITEM AMOUNT: SALARIES $ 42,547.00 I.- Executive Director F/T 17,142 I.- Bookkeeper F/T 9,637 1.- Bus Driver/Manager F/T 9,151 I.- Bus Driver F/T 6,617 FRINGE BENEFITS :FICA: 6.20% of salaries 2,640.00 MICA: 1.45% ofsnlnrles 618.00 WORKER'S COMP. 5.21% drivers and .46% clerics 1,572.00 FLA UNEMPLOYMENT:0,0331 of$7,000 of salaries 66.00 GROUP HEALTH INSURANCE: Yearly estimated 601.00 GASOLINE: Yearly estimated + increase 6,150,00 MAINTENANCE & REPAIRS: Yearly estimated 9,747.00 'LICENSES & FEES: Yearly estimated . TELEPHONE SERVICES: Yearly estimated (Telephone 1,004,00 service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance, 4,617,00 SPACE RENTAL: Based in the contract rate Sc deposit + 2,020,00 estimated increase. AUDITING SERVICES: Based on last year, 4,500.00 PROFESSIONAL SERVICES:Part of yearly estimated. 2,093.00 OFFICE SUPPLIES:Estimated yearly expenses such as 2,370.00 copy papers, pens, file folders, printers and fax toner, 'MATCHING FUNDS: Based on last year contract required 8,455.00 • to obtain Alliance for Aging Inc. Grant. TOTAL BUDGET $ 89,000.00 i Unpaid Salaries: $ 39,602.00 Fica/Mica: 3,031,00 Fla Unemployment 450.00 Group Deltal Insurance 148.00 Gasoline: 2,344.00 Space Rental: 8,030,00 TOTAL UNPAID EXPENSES: 53,605.00 GRAND TOTAL $ 142,605.00 EXHIBIT C CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY; ACTION COMMUNITY CENTER, INC, • TRANSPORTATION AND TRANSIT SPECIAL FISCAL YEAR; 10-01-10 TO 09-30-11 ITEM AMOUNT: SALARIES $ 240,000.00 I, -:Executive Director HT 66,900 I •- Bookkeeper F/T 38,640 I.- Secretary F/T 20,880 I,- Bus Driver/Manager F/T 36,120 2.- Bus Driver F/T @ 25,820 51,640 2.- Bus Driver P/T @ 12,910 25,820 FRINGE BENEFITS FICA: 6.20% ofsalaries 14,885.00 MICA: 1,45°A, ofsnlnries 3,485.00. WORKER'S COMP. 5.2.1 % drivers and .46% clerks 6,500.00 FLA UNEMPLOYMENT: 0.0331 of$7,000 of salaries 965.00 GROUP HEALTH INSURANCE: Yearly estimated 32,750.00 GASOLINE: Yearly estimated + increase 5,000,00 MAINTENANCE & REPAIRS: Yearly estimated 2,475.00 LICENSES & FEES: Yearly estimated 460.00 TELEPHONE SERVICES: Yearly estimated (Telephone 3,500.00 service, long distnnce•calls, equipment maintenance, INSURANCE: Auto and Commercial Liability Insurance. 6,925,00 SPACE RENTAL: Based in the contract rate & deposit + 8,200.00 ' estimated increase. • 'AUDITING SERVICES: Based on last year. 3,500,00 PROFESSIONAL SERVICES:Part of yearly estimated, 2,000.00 OFFICE SUPPLIES:Estimated yearly expenses such ns 900,00 copy papers, pens, file folders, printers and fax toner. MATCHING FUNDS: Based on last year contract required 8,455.00 to obtain Allis nee for Aging Inc. Grant. FDOT MATCHING FUNDS; To purchase a new bus. 10,000.00 TOTAL BUDGET $ 350,000,00 EXHIBIT D EXHIBIT D ACTION COMMUNITY CENTER, INC. WORK PROGRAM SPECIFICATION FOR THE PROVISION OF PRE -ARRANGED TRANSPORTATION SERVICES CONTRACT TERM: JULY 01., 2010 - SEPTEMBER 30, 2010 CONTRACT TERM: OCTOBER 1, 2010 — SEPTEMBER 30, 2011 RECOGNIZING THAT: The Agency as -a -whole and through its combined' sources of funding operates pre- arranged transportation program for passengers who are City of Miami residents and low - to moderate income elderly aid the disabled. The following work program specifications for the total operation of the pre -arranged transportation program during the contract year is hereby outlined and complies with the City of Miami transportation requirements. I. PROGRAM will provide an alternative form of pre -arranged transportation service to the City of Miami residents who are also low -to moderate income elderly and the disabled during the contract term, II, Any of the five (5) vehicles, registered in the name of the Agency, will be used to transport City of Miami eligible passengers and are identified as follows: III. BUS DATE OF Seat . FUNDING NO. YEAR MAKE PURCHASE & wheelchair VIN No. COST SOURCE 2 2003 FORD/bus 07/31/03 24 1FDXE45F031-1A86447 $53,716 DOT 4 2005 FORD/van 05/05/05 7+1 w/c •1FDWE35S75HA08885 $46,685 DOT 7 2006 FORD/van 05/10/06 7+1 w/c IfDWE3SS15I-IB32292 $48,282 DOT 9 2004 FORD/bus 04/02/04 24 1FDXE45S54HA28154 $52,846 CD Donation 10 2002 FORD/van 01/02/02 7 2FMZA51462BA62949 $23,855 CBO IV. The contractor will maintain records of daily transportation logs documenting eligible population for the transportation service and reporting the monthly boardings by trip purpose. The monthly reports shall include demographic information on the passengers including income and, if applicable, disability status. The contractor will maintain updated, complete and accurate records during the contract term and will retain them in one central place at 970 SW First Street, Suite No. 304, Miami, FL 33130. EXHIBIT E 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 COMMUNITY CENTER, INC, CORPORATE RESOLUTION WHEREAS, the Board of Directors of Action Community Center, Inc., has examined the terms, Conditions and obligations of the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly and Handicapped in the amount of $142,605,00 WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; and WHEREAS, all the other terms of the Agreement shall remain in full force, NOW therefore, be it resolved y the Board of Directors of Action Community Center, Inc,, that any Officer of the Corporation, whose name and title appears below are authorized and instructed to execute the Agreement for and on behalf of Action Community Center, Inc. NAME OF THE OFFICERS AND TITLE: Ernesto A. A lzola, Chairman Irela Bague, Vice Chairman Dr. Domingo J. Acosta, Secretary Mercy Montes do Oca, Treasurer This Resolution was duly passed and adopted this I" clay of September, 2010, ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. � r � lrela Bague, Vice Chairman Corpo e Seal Oaau O. /lmund,,.O.la Smsury Funded through the City of Miami, Miami -Dade County, FDOT.&.Department of IderAffairs & Alliance for Aging, Inc. 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 y;� ,Ritr j>, l .4 �.. ...,:� ,. 4 it �i:._.:.. 4,,_ l:• _ COMMUNITY CENTER, INC. CORPORATE RESOLUTION WHEREAS, the Board of Directors of Action Community Center, .Inc., has examined the terms, Conditions and obligations of the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly and Handicapped in the amount of $ 350,000.00 WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; and WHEREAS, all the other terms of the Agreement shall remain in full force, NOW therefore, be it resolved y the Board of Directors of Action Community Center, .Inc., that any Officer of the Corporation, whose name and title appears below are authorized and instructed to execute the Agreement for and on behalf of Action Community Center, Inc, NAME OF THE OFFICERS AND TITLE: Ernesto A. Alzola, Chairman Irele Bague, Vice Chairman Dr. Domingo J. Acosta, Secretary Mercy Montes de Oca, Treasurer This Resolution was duly passed and adopted this ls` day of September, 2010, ACTION COMMUNITY CENTEP., INC., A Florida Not -for -Profit Corporation. 702 • Irela Bague, Vice Chairman . Corporate Seal cm:. O. xan.nar,. n.nn ,dtt+riio/u-µ•In,S n/r SmRlvy N.nml un NnR Funded through the City of Miami, Miami -Dade County, FDOTt4 Department ot.Elder Affairs:.& Alliance for Aging, Inc, AUTHORIZED REPRESENTATIVE STATEMENT Provide the name(s) and telephone number of the person(s) who has been designated the responsibility within the following areas: POSITION NAME TELEPHONE NUMBER Chairman of the Board Ernesto A. Alzola (305) 553-5368 Executive Director Project Maria P. Albo (305) .545-9298 Director Affirmative Action Officer Personnel Officer Fiscal Management Officer Ire1a Bague/ Vice Channan (305) 545-9298 1. PERSON(S) AUTHORIZED TO SIGN CHECKS NAME: Ire1a Bague TITLE: ViceChairman I'1 LEPHONE: (305) 545-9298 SIGNA 2, - PERSON(S) AUTHORIZED TO SIGN REIMBURSEMENT PACKAGES NAME: Maria P. Albo TITLE: Executive Director TELEPHONE: (305) 545-9298 SIGNATURE: NAME: Maria P. Albo NAME: Lina M. Cruz TITLE: Executive Director 1'ITLE: Bookeeper TELEPHONE: (305) 545-9298 TELEPHONE: SIGNATURE• . d` SIGNATIJRF 3. PERSON(S) AUTHORIZED TO SIGN CONTRACTS NAME: lrela Bague TITLE: Vice Chairman TELEPHONE: 3p) 545-9298 NAME: Maria P. Albo TITLE: Executive Director TELEPHONE; (305) 545-9298 SIGNATURE: SIGNATURE: *Persons Authorized to Pick-up Reimbursement Checks • Maria P. Albo, Lina M. Cruz & Lazaro Fraga Action Community Center, Inc. EXHIBIT F State of Florida Department of State I certify from the records of this office that ACTION COMMUNITY CENTER, INC. is a corporation organized under the laws of the State of Florida, filed on September 8, 1971. The document number of this corporation is 721665. I further certify that said corporation has paid all fees due this office through December 31, 2010, that its most recent annual report was filed on. February 22, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given under my hand and the Great Seal of Florida, at Tallahassee., Lite Capital, this the Twenty Fifth day of February, 2010 ,Secretary of State Authentication ID: 000170037980-022510-77.1665 Tu authenticate this certificate,visit the following site, enter this ID, and Then follow the instructions displayed. ]Ltips://efile.sunbiz.org/ccrtaatln cr.htznl EXHIBIT G ACTION COMMUNITY CENTER, INC. BOAF D OF DIRECTORS CHAIRMAN: ERNESTO A. ALZOLA 1101 SW 103R1) COURT MIAMI, FLORIDA 33174 TELEPHONE: (305) 553-5368 VICE CHAIRMAN: IRELA BAGUE 15 MADEIRA AVENUE, APT. 6 CORAL GABLES, FLORIDA 33134 TELEPHONE: (305). 567-0464 SECRETARY: DR. DOMINGO J. ACOSTA 3950 SW 2NED STREET MIAMI, FLORIDA 33134 TELEPHONE: (305) 442-1174 TREASURER MERCY MONTES DE OCA 502 NW 87TH AVENUE, APT. 106 MIAMI, FLORIDA 33172 TELEPIONE: (305) 552-0647 LEGAL REPRESENTATIVE RICHARD A. ALAYON, ESQ. 4551 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPI-ZONE: (305) 221-2110 MEMBER: JOSE FULGUEIRA 3122 NW FLAGLER TERR MIAMI, FLORIDA 33125 TELEPHONE:,(305) 545-4340 Grant Agreement Between Action Community Center, Inc and the City of Miami For the Provision of Transportation Services This Grant Agreement is made, entered into, and effective as of the 1 est date set forth on the signature page hereto, by and between the City of Miam', a municipal corporation of the State of Florida, hereinafter referred to as "the City," ith its principal place of business located at 444 S.W. 2 Avenue, Miami, Fl 3 30, and Action Community Center, a Florida non-profit corporation, hereinafte referred to as the "Contractor," with its principal place of business located at 970 S. . 1 Street, Miami, Fl 33130 (each, may be referred to as a "Party," and collectively, th "Parties"). WITNESSETH: WHEREAS, it is desirable to provide an al -rnative form of pre -arranged transportation service to the residents of Miami wl are low and moderate income elderly and who are disabled; and WHEREAS, Ordinance No. 02-117 of e Miami -Dade County Code, entitled "Charter County Transit System Sales Surtax," so known as the Peoples Transportation Plan, mandates municipalities to expend a . nimum of twenty percent (20%) of their share of the one-half cent Transit Surtax pro eeds for transit purposes; and WHEREAS,pursuant to Com Ittee Substitute for House Bill (CS/HB 1271, ) codified as §212,055, F.S. (2010), rece,tly adopted by the Florida Legislature, and signed by the Governor and effective July 1 010, which provides that the expansion, operation, and maintenance of on -demand tansportation services are an allowable use of the Charter County Transit System S 1'es Surtax; and WHEREAS, the City grees that an alternative form pre -arranged transportation service would be of benefit toeligible residents of Miami; and I WHEREAS, pre-aranged transportation service would not duplicate the Miami - Dade Transit Special Tra'sportation Service; and d WHEREAS, t e City Manager has determined that Action Community Center, Inc., a non-profit corp ration established since 1971 and providing transportation services to the low to modera€ income elderly and the disabled since its inception, offers the City the most advantage us agreement based on a combination of extensive experience, hands-on management, local resources, and, would minimize the adverse impact of reducing tr-ansportation-services-to many transit dependent -riders -in Miami; and WHEREAS, the Contractor will provide this pre -arranged transportation service to the eligible population of low to moderate income elderly and the disabled; and NOW, THEREFORE, 1 IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the City and Contractor agree as follows: ARTICLE 1 EXHIBITS AND DEFINITIONS DEFINED TERMS: As used herein the following terms shall mean: 1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Contractor" shall mean any entity, public or private, providing pfe-arranged transportation services as described in this Agreement under contrvt to the City. The Contractor is Action Community Center, a Florida non-pr9fit corporation. The Contractor is an independent Contractor of the City, tid not an agent authorized to bind the City. The Contractor and its employ 6s shall receive no City employment, vacation, health care, or any other Cit V benefits or stipend. Any provisions of this Agreement that may appear to giv the City any right to direct the Contractor concerning the details of oper Ling its circulator bus transportation service, or to exercise any control ov such performance, shall mean only that the Contractor shall follow the directi• of the City concerning the end results of the performance. 1.3 "Pre -arranged transportation service" shall me door-to-door, free of charge transportation services to the eligible populatio pre -arranged 24 hours in advance of service provision and for the trip purpose .f visiting government and medical facilities, hot meal and food procurement, articipating in recreational activities sponsored by public entities, and for perso r al rehabilitation. 1.4 "On -demand transportation services" s used in this Agreement, the term on- demand transportation services •ans (as is defined in §212.055, F.S.) transportation provided between fle ble points of origin and destination selected by individual users with such servi e being provided at a time that is agreed upon by the user and the provider of th service and that is not fixed -schedule or fixed - route in nature. The terms "Pi -Arranged Transportation Services" and "On — Demand Transportation Serves mean the same service, and can be used interchangeably. 1.5 "Eligible Population" f r pre -arranged transportation services shall mean eligibility based on inco e, age, and disability and Miami residency. Low and moderate income persons and households qualify for services. Those levels are defined as incomes equal to or less than the U.S. HUD Rental Subsidy Program (Section 8) low-income or very low-income limits established by HUD annually, Age is defined as 60 years old or above. Disability and residency is verified by the participant submitting a Confidential Letter provided by the U.S. Social Security Administration. The participant may not be eligible for Special Transportation Service (STS). 1.6 "The City" shall mean the City of Miami and authorized representatives thereof, 1,7 "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof. 1.8 "USDOT" shall refer to the U.S. Department of Transportation, its rules regulations, and representatives thereof. 1.9 "CSD" shall mean the Consumer Services Department of Miami-Dade1 ounty and authorized representatives thereof, 2.0 "Fares" shall mean individual transportation fees paid by passenger will not be required. 2.1 "STS" Special Transportation Service shall mean demand-resySonse paratransit system, the component of the conventional transit system dsigned to provide comparable transit service to disabled individuals as mandate.' in the ADA, EXHIBITS: Attached hereto and forming a part of the Agree ent are the following Exhibits: Exhibit A Certificate of Liability Insuranc= from Action Community Center Exhibit B Action Community Center Budget for Pre -Arranged Transportation Services for my 1, 2010 — September 30, 2010 Exhibit C Action Community Ct nter Budget . for Pre -Arranged Transportation Service for October 1, 2010 — September 30, 2011. Exhibit D Work Program Spec'' cations for the Provision of Pre - Arranged Transpo ation Services Exhibit E Corporate Reso tions with Authorized Representative Statement Exhibit F State of Flor' s a Current Year Corporation Registration Certificate Exhibit G Names, ad esses and professional affiliation of Members Board of Directors ARTICLE 2 GEN'RAL REQUIREMENTS 3 2.1 Compliance with Applicable Laws and Regulations, The Contractor shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local (e.g. Miami -Dade County & City of Miami), which are applicable to, or in any manner affect, the provision of the City of Miami Pre -arranged Transportation Services. The Contractor shall be , responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The Contractor shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. All references to laws, statutes, ordinances, codes, rules, and regulations in this Agreement are to be interpreted to inclucj6 amendments that may Le made to them from time to time. 2.2 Vehicle Licensing. All vehicles utilized by Contractor to provide transp Ration services shall at all times be properly licensed and permitted in accorda - ce with applicable federal, state, and county requirements. Vehicle oper ors shall comply with all safety, mechanical, and vehicular standards manded by any applicable county, state, and federal requirements including, but not imited to, all safety, mechanical, and vehicular standards mandated by MDT ancj1 SD. 2.3 Vehicle Standards. Contractor's vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the C - de of Miami -Dade County, pertinent state statutes and other directives as y be prescribed and required by CSD or MDT. All vehicles utilized t provide pre -arranged transportation services authorized by this Agreement s , 11 at all times display a current and valid county permit and shall comply w't safety, mechanical, and vehicular requirements mandated by applicable/county, state, pr federal requirements, including ADA. 2.4 Chauffeur Requirements. Contractor's vehicle auffeurs shall at all times have a current and valid county chauffeur's registrat'on. Vehicle chauffeurs shall also comply with any safety, mechanical, an vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT. 2.5 Purchase of Services/Sole Res.onsibil' . The parties agree that this Agreement is a contract for the purchase of pre- anged transportation services provided by the Contractor as an independent Co tractor of the City for the benefit of the City. 2.6 Compliance with AD.A. The ity's pre -arranged transportation services, as operated, directed, and managed by the Contractor shall comply with all applicable requirements of the ADA, To the extent that any terms of this Agreement are in conflict with the ADA, the requirements of the ADA shall control. n 2,7 Compliance with Procurement Requirements. The Contractor agrees to comply with applicable federal, local, and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. 2.8 Drug -free Workplace and Testing. In accordance with the Code of Miami -Dade County, the Contractor shall certify that it will have a drug -free workplace program. Further, the Contractor shall require pre-eanploy'ment drug testing and other periodic drug testing for all persons holding safety -sensitive positions, defined by USDOT, related to transit operations. Effective upon execution of )lie Agreement, the Contractor shall require that its employees comply wit al] applicable requirements of the USDOT regulations for drug and alcohol t, sting. To the extent that any terms in this Agreement are inconsistent with the SDOT regulation, the requirements of the USDOT shall control. 2,9 Amendments or modifications. Unless provided otherwise else here in this Agreement, amendments and modifications to this Agreement mu be in writing and shall require the signature of Contractor and of the City Mager, subject to prior authorization by the Miami City Commission. ARTICLE 3 CITY OF MIAMI PRE -ARRANGED TRANSPORTATION SERVICES 3,1 Fares. Contractor will not. charge a fare for the use of the pre -arranged transportation services. 3.2 Use of Logo. The Contractor may wish to design/ logo uniquely identifying its pre -arranged transportation service. Any logo/will be subject to the written approval of the City Manager. If they do so?, such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement, ARTICLE 4 INSURANCE The parties hereto acknowledge that the City is a self -insured governmental entity subject to the limitations of Section 768.28, F.S. The City Risk Manager shall collect and keep on file documentation of insurance of any and all private providers operating the City of Miami pre -arranged transportation service. At all times during the term hereof, the Contractor shall maintain insurance and bonding coverage acceptable to the City Risk Manager, Prior to commencing any activity under this agreement, the Contractor shall furnish to the City Risk Manager original certificates of insurance and bonding indicating that the Contractor is in compliance with the insurance provisions (See Exhibit "A"). 5 The Contractor shall provide at minimum the following coverage: (i). Comprehensive General Liability and umbrella liability coverage in an amount not less than $300,000 per person per occurrence, protecting the City and the Contractor against liability incidental to the use of, or resulting from an accident occurring on or about, its property, including coverage for: (a) fire, explosion, collapse, and underground hazards, completed operations and independent contractors, and (b) automobile liability for all owned vehicles, as well as coverage for non -owned and hired automobiles. The City shall be named an additional insured for policies under this subsection (i), (ii) Workers' compensation insurance as required by the laws of the State/Of Florida. (iii) Flood insurance, if applicable, in such amount as may be required by the City Risk Manager. (iv) A bid bond or performance bond in such form as may be required by the City Risk Manager. Fidelity bonding for all persons handling funds received or disburs fl under this Agreement in an amount equal to or greater than one third (1/3) the amou t of the' grand of funds hereunder, Such fidelity bonding will be written by a r putable surety authorized to transact business in the State of Florida and be subject to t1I approval of the City Risk Management or Firance Director. The City shall' be name as Loss Payee in such bond. All such insurance shall insure the City as the primary additiona insured, with a loss payable clause in favor of the City. The Contractor shall be requi d to furnish evidence of any other insurance coverage the City may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the City at least 30 days prior written notice of termination, cancellation, expir ion, or modification, and all such policies shall be written by insurance companies sati actory to the City. There shall be no exclusions in such policies that override the City' coverage. Compliance with the foregoing requirements shall not jtelieve the Contractor of its liability and obligations under this section or under any of er section of this Agreement. ARTICLE 5 INDEMNIFICATION 5,1 Indemnification By Provider. The Contractor shall pay and save the City, its officials and employees harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the Contractor's activities related to the Work Program or otherwise under this Agreement, including, 6 without limitation, actions, proceedings, cause of actions, claims, and deductions,. offsets or reductions of the funding the City receives from Charter County Transit System Sales Surtax or similar actions or disallowances of funding by governmental agencies claiming that these transportation services or their funding by the City are in violation, or in derogation of, any applicable laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, or all acts or omissions to act on the part of the Contractor and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the City, and from and against all costs, attorney's fees, expenses, and liabilities incurred by the City in the defense or investigation of any such claims or other matters. ARTICLE 6 FUNDING AND FINANCIAL ASSISTANCE 6.1 Payments. All payments shall be reimbursements for pre -arranged tran .ortation services in an amount not to exceed $ I42,605, as specified in Exhibit " ", for the period between July 1, 2010 through September 30, 2010, and, as pecified in Exhibit "C", in an amount not to exceed $350,000 for a period of one year, October 1, 2010 through September 30, .2011. Funds will be ap19; opriated from the City's Transportation and Transit Special Revenue Fund, the ¢ansit portion of the Surtax, entitled "Grant To Action Community Center ror Pre -Arranged Transportation Services." The City shall not be liable for a debt, obligation, fee, or cost beyond this amount. 6.2 Term. During the term hereof and for a period of three ) years following the date of the last payment made hereunder, the City shall ave the right to review and audit the time records and related records of the Co tractor pertaining to any payments by the City. 6.3 Request for Payment. Requests for payment should e made at least on a monthly basis. Reimbursement requests should be submitteto the City within thirty (30) calendar days after the indebtedness has been inc ed in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejec ion of those invoices within the reimbursement package which do not meet thes requirements. 6,4 Final Payment Request. The Contractor jmust submit the final request for payment to the City within 30 calendar ys following the expiration date or termination date of this Agreement. If t Contractor fails to comply with this requirement, the Contractor shall forfeit ll rights to payment and the City shall not honor any request submitted thereaft r. 6.5 Payment Withholdings. Payment Reimbursements . Any payment due under this Agreement may be withheld pending the receipt and approval by the City of all reports due from the Contractor as a part of this Agreement and any modifications thereto. In the event of any claim, challenge, action, liability, action, cause of action or proceeding challenging the legality of this funding by the City, or of this Agreement, or of any deduction, offset, challenge, reduction or disallowance of Charter County Transit System Sales Surtax funding to the City due to the provision of the services under this Agreement, or the selection of the Contractor to provide these services in any such instance the City Manager, in his sole discretion, is authorized to withhold, discontinue and stop any pending or future payments due under this Agreement until such claim, challenge, action, liability, cause of action, process,dispute, disallowance, or any such similar proceeding is resolved in favor of the Contractor and the City, as applicable. Contractor shay have no recourse against the City for such action or decision. The Contrac /or shall further promptly reimburse to the City any payments received under his Agreement if there is a disallowance of Charter County Transit System ales Surtax funding to the City due • to the provision of the services and r this Agreement, or if of court of competent jurisdiction enters an order tat such payments are in contravention of any applicable law, rule, ordinance or rr gulation governing this funding. ARTICLE 7 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 7.1 Term of Agreement. This Agreement shall commence folio ng approval of the City Commissioners of the City of Miami and upon the execution and authorization by the parties and shall remain in force for oz;, year thereafter. The Contractors Work Program is outlined under Exhibit "D" 7.2 Renegotiation or Modification. Any substantive chang s in the level of service to be provided by the Contractor as set forth herein shall only be implemented after the City has entered into a written agreement wiy Contractor describing the changed services. 7.3 Title VI and VII Civil Rights Act of 1964. T Contractor shall not unlawfully discriminate against any person because of ra , color, sex, religious background, ancestry or national origin in the performanc of the Agreement. 7.4 Termination for Cause. This agreemen may be terminated for cause by either party upon no less than thirty (30) day written notice to the other party, except when Shuttle operations are in violati of health and/or safety -related provisions of state statutes or the Code of Mi.. i-Dade County, in which case termination shall be as determined by the Cit Manager. Said notice shall be delivered by verified facsimile transmission certified mail, return receipt requested. The noticed party shall have the opjortunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered, 7,5 Termination without Cause. The City Manager may terminate this Agreement at the convenience of the City without cause upon no less than sixty (60) days written notice to the other party. All funding obligations of the City shall automatically cease effective on the date of termination. 7,6 Notices, All notices and other communications required to be remitted pursuant t this Agreement to either party hereto shall be in writing and shall be delivered verified facsimile transmission or certified mail, return receipt requested, to he parties at the address indicated below: FOR THE CONTRACTOR: Action Community Center, Inc Maria P. Albo, Prin. Exec, Officer 970 SW First Street, Suite 304 Miami, Florida 33130 FOR CITY OF MIA Office Of The City anager City Hall 3500 Pan Americ.n Drive Miami, Florida 133 y 7.7 Complete and Binding Agreement. This writing embodies the f 1 and complete agreement of the parties. No other terms, conditions or mod'cations shall be binding upon the parties unless in writing and signed by the p ies. 7,8 Execution. This document shall be executed in four (4) ounterparts, each of which shall be deemed an original. 7.9 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any proceedings be een the parties shall be in Miami Dade County, Florida. In order to expedite 1' igation, the parties agree to voluntarily and knowingly waive their rights to a 'ury trial, to claim attorney's fees from the other or to file permissive counter cl ims in any proceedings arising out of this agreement. 7.10 Non -Assignment. This agreement is unique i nature, The Contractor shall not assign the obligations under this Agreement, hether by express assignment or by sale of the company, nor any monies due or to become due, without the City Commission's prior written approval, w ich approval may be unreasonably withheld, Any assignment in violation o this paragraph shall constitute a default and is grounds for immediate terminatio of this Agreement, at the sole discretion of the City, In no event shall any //.utative assignment create a contractual relationship between the City and any, utative assignee. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. a ATTEST: Corporate Secretary ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO INSURANCE REQUIREMENTS: Gary Reshefsky, Interim Director Risk Management in CONTRACTOR Action Community Center, Inc. 970 SW First Street, Ste 304 Miami, Florida 33130 A Florida not -for -profit corporation By: Maria P. Albo Principal Executive Officer (Attached Corporate Resolution) SEAL CITY OF MIAMI, a munic'.al Corporation of the State of lorida By: Carlos A. Migo a City Manager APPROVED AS TO LEGAL FORM AND CO' CTNESS: Julie O. Bru City Attorne © CERTIFICATE OF LIABILITY INSURANCE OP ID RF ACTIO-2 DATE (IAMIDDtYYYYI 02/26/10 PRODUCER Avante Insurance Agency, Inc. • 7490 West Flagler Street Miami FL 33144 Phone:305-948-7070 Fax:305-648-7090 INSURED Action Community Center Inc. 970 .SW 1 Street #304 Miami FL 33130 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION • ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE IN5UOERA Aonocl stud indnucriaa Inn. co. INBUREII B• doaccodelo lnouraece company INSURER C: notional Iadoowity co aL auoca INNURIii D: Mr Hartford lnuoranou coupnuy INSUREII I THE POLICIES OF INSURANCE L15TL-0 BELOW HAVE ANY I1EOUIREI4ENT, TERM OR CONf111ION OF ANY MAY PENTAIR. 'I HE INSURANCE WORDED BY 111E POLICIES AGGREGATE I.IM11ii 5I OWN MAY HAVE INBR ADD'll.... ....-..._.._^_—....._.... LIR !MID TYPE: OF INSURANCE BEEN ISSUED ID THE INSURED NAMED ABOVE FOR THE POLICY CONTRACT OR OTI IER DOCUMENT WITH RESPECT TO WHIOI POLICIES DESCRIBED HEItE1H lei SUBJECT TO AI.I. THE TERMS, nemN REDUCED BY PAID CLAIMS. ..................... PERIOD INDICATED. I T1118 CERTIFICATE MAY EXCLUSIONS AND POCIGS' 18062AYION DATE MMlD P/YYY NOTWITHSTANDING BE ISSUED OR CONDITIONS OF BUCI I .'"."-'"".....' .' _....,,�______ POLICY NUMBER POLIZ`1' Efl( CYIV@` DATE I, HlDO/YYYY ... "- LIMI GENERAL X. �__...._._.. I GEM. i .. LIABILITY .COMMERCIAL GENERAL LIABILITY CLAIMS IAADE •Y 111000R ACP5904302505 12/31/09 12/31/10 EACH OCCURRERCE AEMGSFORaoNccfwEU,W,"" MED EXP (Any nn"Pura 1....„5,000 S 1, 000" 00'0" ""'" I• 300, 00.0 ' '• PERSONAL E. ADV IN J RY GENERAL AGGREO F. F 1, 000, 000 I. 2, 000,000 S 2,000,000 .... ... ...._.. .- AGGREGATE I.IMlT APPLIES PER: PL•)I.IC1' 7 PRO-Lr1 I-....f Lac 1r: PROU1)C'CS • COM /OP 4100 , • ' C C C !rr i.Al1TOMDRILE LIABILITY ._. i ANY AUTO AI I. OWNED AUTOS SCHROULEDAUT08 X HIRED AUTOS X NON•OWNED AUTOS r....�_... _.....__.. ........... ....__. i 74APS019091 74APS019091 74APS019091 02/24/10 02/24/10 02/24/10 02/24/11 02/24/11 02/24/11 COMBIIJEGSIE I:ELItJIT (Da accident) s500,000 J/77 BODILY IN. MY IMY (Pnrpnrno uonn:v 'JURY (Fels .den0 3 ' PRor RTYD ,1AGE Wel• cddenl) • j GARAGE LIABILITY ' I ' ANY AUTO (..--; I • A 0ONLY -. EA ACCIDENT 4 THER THAN EA ACC AUTO ONLY; AGG a I EXCESS/ IOCCUR 1 1 I UMBRELLA LIABILITY CLAIMS MADEA(i DEDUCTIBLE RETENTION $ EACI I OCCURRENCE 7 .!iFGAl'E S ' • S •.... ..- • • •" $ A WORKERS EMPLOYERS' ANY ANYPIOI'RIE1'OR,PAIITNBIUEXECUTIVO' OF FICEIUME6tatiIDEXCLUDEED9 R4onrlalory 11 ym:• dazuihe UPi1ClAL PROVISIONS COMPENSATION UABILITY Y/N AWC1004222 11/20/09 11/ .0/10 ...... _IIOYSIAT„ Xj,0EH: E.L.EACFIACCIOENT _...__...-----_.-_-•. E.L. DISEASE•- EA EMPLOYEE •"-•--• —P.ND --- --._.._ _. ,1 500, 000 .............__.._._ ...._ a 50(1; 000 1 In NH) undor b/lr,Y ........•........_....� ..__..,, E.L. DISIEAIifi- PDI.ICY LIMIT OTHER D Personal Property B Business Income ACP5904302505 ACP5904302505 12/31/09 12/31/09 2/31/10 12/31/10 1000 Ded .$20,000 1000 Ded 830,000 DESCRIPTION OP OPERA110N5 /.LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROV 610N5 5s Wind 0 Hail Deductible/ Location: 970 SW 1st St, #30Miami, F1 33172 • D.DOND 21DDDAH7807 7/02/09-7/02/10 $100,000 $500 DDD Including es additional insured City of Miami. City of Miami Lost Payee. CERTIFICATE HOLDER CANC LATI O N City of Miami Department of CIP and Tranap. Office of City Manager. 444 SW and Ave 10th Floor Miami FL 33130 ACORD 25 (2009101) CITYM33 SHOO D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAT THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEII • N ICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL, 1II POSE 110 OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR /FREPRESENTATIVES. ,AUTHORIZED REPRESENTATIVE v)7n vi 5:.:,.ar.S4 LO 19813-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo ere registered marks of ACORD CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY: ACTION COMMUNITY CENTER, INC. FISCAL YEAR: 07-01-10 TO 09-30-10 FUNDING SOURCE: TRANSPORTATION AND TRANSIT SPECIAL. REVENUE FUND 122001 ITEM AMOUNT: SALARIES $ 42,54.00 I.- Executive Director F/T 17,142 I.- Bookkeeper F/T 9,637 1.- Bus Driver/Manager F/T 9,151 I,- Bus Driver F/T 6,617 FRINGE BENEFITS FICA: 6,20% of salaries 2,640.00 MICA:IA5% of salaries 618.00 WORKER'S COMP. 5.21% drivers and .46% clerics 1,572.00 FLA UNEMPLOYMENT: 0.0331 of$7,000 of salaries 66.00 GROUP HEALTH INSURANCE: Yearly estimated 601,00 GASOLINE: Yearly estimated + increase 6,150,00 MAINTENANCE & REPAIRS: Yearly estimated 9,747.00 LICENSES & FEES: Yearly estimated TCLEP.HONE SERVICES: Yearly estimated (Telephone 1,004.00 service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance, 4,617.00 SPACE RENTAL: Based in the contract rate & deposit + 2,020,00 estimated increase. AUDITING SERVICES: Based on Last year. 4,500.00 PROFESSIONAL SERVICES:Part of yearly estimated. 2,093.00 OFFICE SUPPLIES:Estimated yearly expenses such as 2,370.00 copy papers, pens, file folders, printers and fax toner, MATCHING FUNDS: Based on last year contract required 8,455.00 ' to obtain Alliance for Aging Inc. Grant. TOTAL BUDGET $ 89,000.00 Unp.nid Salaries: / $ 39,602.00 Fica/Mien: 3,031,00 Fla Unem loymen( 450.00 Gran ) Delta! insurance 148.00 Gasoline: 2,344.00 S ace Rental: 8,030,00 TOTAL UNPAID EXPENSES.. 53,605.00 GRAND TOT. $ 142,605.00 CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY: ACTION COMMUNITY CENTER, INC, FISCAL YEAR: 10-01-10 TO 09-30-11 FUNDING SOURCE: TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001 ITEM AMOUNT: SALARIES $ 240,000.00 1,- Executive Director FIT 66,900 I,- Bookkeeper F/T 38,640 I.- Secretary F/T 20,880 / I,- Bus Driver/Manager F/T 36,120 . 2,- Bus Driver F/T @ 25,820 51,640 2.- Bus Driver P/T @ 12,910 25,820 / FRINGE BENEFITS /4,885.00 FICA: 6,20°/% of salaries MICA: 1,45% ofsnlnrics / 3,485.00 WORKER'S COMP. 5.2.1 % drivers and .46'V clerics 6,500,00 FLA UNEMPLOYMENT: 0.0331 ofS7,000 of salaries • 965.00 CROUP HEALTH INSURANCE: Yearly estimated 32,750.00 / GASOLINE: Yearly estimated -I- increase 5,000,00 MAINTENANCE & REPAIRS: Yearly estimated 2,475.00 LICENSES & FEES: Yearly estimated•/ 460.00 TELEPHONE SERVICES: Yearly estimated (Telephone 1 3,500.00 service, long distance'calls, equipment maintenance, INSURANCE: Auto and Commercial Liability Insurance. / 6,925,00 SPACE RENTAL: Based In the contract rate & deposit+ 8,200,00 estimated Increase. AUDITING S.ERVICES; Based on last year. 3,500.00 PROFESSIONAL SERVICES:Part of yearly estimated, 2,000,00 OFFICE SUPPLIES:Estimated yearly expenses such as 900.00 copy papers, pens, file folders, printers and fax toner. MATCHING FUNDS: Based on last year contract required / 8,455.00 to obtain Alliance for Aging Inc. Grant. FDOT MATCHING FUNDS: To purchase a new bus. / 10,000.00 TOTAL BUDGET / / $ 350,000,00 EXHIBIT D EXHIBIT D ACTION COMMUNITY CENTER, INC. WORK PROGRAM SPECIFICATION FOR THE PROVISION OF PRE -ARRANGED TRANSPORTATION SERVICES CONTRACT TERM: MIA 01, 2010 - SEPTEMBER 30, 2010 CONTRACT TERM: OCTOBER 1, 2010 — SEPTEMBER 30, 21 RECOGNIZING THAT: The Agency as -a -whole and through its combined • sources of fund ig operates pre- arranged transportation program for passengers who are City of Miarp1' residents and low - to moderate income elderly and the disabled. The following work yfogram specifications for the total operation of the pre -arranged transportation program uring the contract year is hereby outlined and complies with the City of Miami transpo •ation requirements, I. PROGRAM will provide an alternative form of pre -arras , ecl transportation service to the City of Miami residents who are also low -to moderate1come elderly and the disabled during the contract term. II, Any of the five (5) vehicles, registered in the flan), of the Agency, will be used to transport City of Miami eligible passengers and arp/identified as follows: III. BUS DATE OF Seat . / FUNDING NO. YEAR MAKE PURCHASE & w ieelchair VIN No. COST SOURCE 2 2003 FORD/bus 07/31/03 y 1 FDXE45F03I-3A86447 $53,716 DOT 4 2005 FORD/van 05/05/05 7jf-1 w/o •1FDWE35875HA08885 $46,685 DOT 7 2006 FORD/van 05/10/W 7+1 w/c IFDWE35S15HB32292 $48,282 DOT 9 2004 FORD/bus 04/02/04 24 1TDXE45S54HA28154 $52,846 CD > Donation 10 2002 FORD/van 0102/02 7 2FMZA51462BA62949 $23,855 CB0 IV. The contractor will ndaintain records of daily transportation logs documenting eligible population for the transportation service and reporting the monthly boardings by trip purpose. The monthly; reports shall include demographic information on the passengers including Income and/, if applicable, disability status. The contractor will maintain updated, complete and accurate records during the contract term and will retain them in one central place aa1970 SW First Street, Suite No. 304, Miami, FL 33130. l:. EXHIBIT E 1 WHEREAS, all the other terms of the Agreement shall remain in1full force, NOW therefore, be it resolved y the Board of Directors of Actin Community Center, Inc., that any Officer of the Corporation, whose name and title appears beloS, are authorized and instructed to execute the Agreement for and on behalf of Action Community Center, Inc. NAME OF THE OFFICERS AND TITLE: / Ernesto A. Alzola, Irela Bague, Dr. Domingo J, Acosta, Mercy Montes de Oca, 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 iggirliOgf / COMMUNITY CENTER, INC. CORPORATE RESOLUTION WHEREAS, the Board of Directors of Action Community Center, Inc., his examined the terms, Conditions and obligations of the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly and I-landicapped in (he amount of $142,905,00 WHEREAS, the Board of Directors at a duly held corporate meetingfh//as considered the matter in accordance with the .Bylaws of the Corporation; and Cha irma�S Vice C iairman SecrotAry Treasturer This Resolution was duly passed and adopted this 1.7t day of September, 2010. ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. 'rein Bague, Vice Chairman Corpo e Seal 4aw G. lirn.ndu. 0.1, AIlnum/w,k N, lnr ,[mcury AYnm/01A01. Funded through the City of Miami, Miami -Dade County, FDOT.&.Department of Ider Affairs & Alliance for Aging, Inc. 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 COMMUNITY CENTER, INC, CORPORATE RESOLUTION WHEREAS, the Board of Directors of Action Community Center, Inc., has examined the terms, Conditions and obligations of the proposed -Agreement with the City of Miami/CDBG for the Transportation of the Elderly and Handicapped in the amount of $ 350,000.00 WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the Corporation; and WHEREAS, all the other terms of the Agreement shall remain in full force, NOW therefore, be it resolved y the Board of Directors of Action Community Center, Inc., that any Officer of the Corporation, whose name and title appears below are authorized and instructed to execute the Agreement for and on behalf of Action Community Center, Inc. NAME OF THE OFFICERS AND TITLE: Ernesto A. Alzola, Chairman Irela Hague, Vice Chairman Dr. Domingo J. Acosta, Secretary Mercy Mantes de Oca, Treasurer This Resolution was duly passed and adopted this Is' day of September, 2010. ACTION COMMUNITY CENTEP., INC., A Florida Not -for -Profit Corporation. Irela Bague, Vice Chairman . Corporate Seal Dow O. Hmund¢ I.rA Alf xrirofur Agrby Smnvy .d,NfRI NI.VuiR Funded through the City of Miami, Miami -Dade County, F ,OT & Department of Elder Affairs.:, Alliance for Aging, Inc. AUTHORIZED REPRESENTATIVE STATEMENT Provide the name(s) and Telephone number of the percon(s) who has been designated the responsibility within the following areas: POSITION Chairman of the Board Executive Director Project Director Affirmative Action Officer Personnel Officer Fiscal Management Officer NAME TELEPHONE NUMBER Ernesto A. Alzola (305) 553-5368 Maria P. Albo (305) .595-9298/ Irela Bague/ Vice Charman (305) 545-9248 1. PERSON(S) AUTHORIZED TO SIGN CHECKS NAME; Ire1a Bague TITLE: ViceChairman 1'bLEPHONE: (305) 545-9298 SIGNA NAME: Maria P. Albo TITLE; Executive Director TELEPHONE: (305) 545, 9'98 SIGNATURE: 1 2. ' PERSON(S) AUTHORIZED TO SIGN REIMBURSEMENT PACKAGES NAME: Maria P. Albo TITLE: Executive Director TELEPHONE: (305) 545-9298 f/ SIGNATURE. NAME: Lina M. Cruz TITLE: Bookeeper TELEPHONE: SIGNATURE: 3, PERSON(S) AUTHORIZED TO SIGN CONTRACTS NAME: Irela Bague TITLE: Vice Chairman TELEPHONE: SIGNATURE: *Persons Authorized to Pick-up Reimbursement Checks NAME: Maria °.. Albo TITLE: Exec five Director TELEPHON .(305) 545-9298 SIGNA Maria P. Albo, Lina M. ruz & Lazaro Fraga Action Community Center, Inc EXHIBIT F State of Florida Department of State I certify from the records of this office that ACTION COM:IM[UN,TY CENTER, INC. is a corporation organized under the laws of the Sta e of Florida, filed on September 8, 1971. The document number of this corporation is 721665. I further certify that said corporation has paid all fees clue tl is office through December 31, 2010, that its most recent annual repor was filed on February 22, 2010, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. Given cooler my hand and the Great Seal of Florida, at Tallahassee, the Capital, this the Twenty !lids day of February, 2010 Secretary of State Authentication ID: O00170087930-022510-721(65 To authenticate this cerlificntc,visit the following site, enter this II), and then follow dte instructions displayed. hops://elite.sunbiz.orgicer(autlivcr.html EXHIBIT G ACTION COMMUNITY CENTER, INC. � BOARD OF DIRECTORS CHAIRMAN: VICE CHAIRMAN: SECRETARY: TREASURER LEGAL REPRESENTATIVE MEMBER: ERNESTO A. ALZ - A 1101 SW103RDC RT MIAMI, FLORID 33174 TELEPHONE: (,305) 553-5368 IRELA BAGE 15 MADEIR,k AVENUE, APT, 6 CORAL WALES, FLORIDA 33134 TELEPHONE: (305) 567-0464 DR. D914INGO J. ACOSTA 3950 W 2NED STREET MIAI, FLORIDA 33134 TE, PHONE: (305) 442-1174 Mf3RCY MONTES DE OCA ,02 NW 87TI'l AVENUE, APT, 106 IAMI, FLORIDA 33172 TELEPHONE: (305) 552-0647 RICHARD A. ALAYON, ESQ. 4551 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPI-ZONE: (305) 221-2110 JOSE FULGUEIRA 3122 NW FLAGLER TERR MIAMI, FLORIDA 33125 TELEPITONE:,(305) 545-4340