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HomeMy WebLinkAboutExhibit-SUB- 9-27THIS DOCUMENT I5 A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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, Fl 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 Miarni, 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 WHEREAS, pursuant to Committee Substitute for House Bill (CS/HB) 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 Transportation 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 WHEREAS, the Contractor will provide this pre -arranged transportation service to the eligible population oflow to moderate income elderly and the disabled; and NOW, THEREFORE, mu- 1 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 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. 1.3 "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. 1.4 "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. 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). 1.5 "The City" shall mean the City of Miami and authorized representatives thereof. 1.6 "MDT" shall mean the Miami -Dade Transit and authorized representatives thereof. 2 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 1.7 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. 1.8 "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized representatives thereof. 1.9 "Fares" shall mean individual transportation fees paid by passengers will not be required. 2.0 "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 ARTICLE 2 GENERAL REQUIREMENTS 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. 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 3 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF TH15 DOCUMENT 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 times 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 vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.4 Chauffeur Requirements. Contractor's vehicle chauffeurs shall at all tithes 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 4 THIS DOCUMENT l5 A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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, 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 a 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 tunes 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 govermnental 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 5 THI5 DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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. 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. 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 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. 6 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT ARTICLE 6 FUNDING AND FINANCIAL ASSISTANCE 6.1 Payments. 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. 6.2 Term. During the 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. 7 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT ARTICLE 7 TERMS, MODIFICATIONS AND 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 thereafter. The Contractors Work Program is outlined under Exhibit "D". 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 be 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 cease effective on the date of teianination. 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. Albo, Prin. Exec. Officer 970 SW First Street, Suite 304 Miami, Florida 33130 FOR CITY OF MIAMI: Office Of The City Manager City Hall 3500 Pan American Drive Miami, Florida 33133 8 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEFN AT END OF THIS DOCUMENT 7.7 Complete and Binding Agreement. This writing embodies the full and complete agreement of the parties. No other terns, 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 assigrunent 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 WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written. CONTRACTOR Action Community Center, Inc, 970 SW First Street, Ste 304 Miami, Florida 33130 A Florida not -for -profit corporation ATTEST: By: Corporate Secretary Maria P. Albo Principal Executive Officer (Attached Corporate Resolution) 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT ATTEST: Priscilla A. Thompson City Clerk SEAL CITY OF MIAMI, a murricipal Corporation of the State of Florida By: Carlos A. Migoya City Manager APPROVED AS TO APPROVED AS TO LEGAL INSURANCE REQUIREMENTS: FORM AND CORRECTNESS: Gary Reshefsky, Interim Director Risk Management Department Julie O. Bni City Attorney 10 THIS DOCUMENT ISA SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT EXHIB1TA Accwil CERTiFrATE OF LIABILITY INSURANCE OP:) RF ACTIO-2 DATE 011.41/DDIYYYY1 02/26/10 eRoouccit Avante Insurance Agency, Inc. 7490 West Flagler Street Miami FL 33144 Phone:305-648-7070 Fax:305-648-7090 , — ISURED Action Community Center Inc. 970 sW 1 Street-4304 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 A iNsuR VII D. I IHSURER I) I INSURER If AaareateLed rnanerriee rne. CO. So.:mem:LOA Inenranca Company us tionai Tads:rat Ey Co t Ira not Lford Itn cAnn. C.1‘,1•1"7 iI NAICM COVERAGES 'EHE ANY MAY POLICIES IHSITADD'U LTR — B POLIO RefillIFIT PEI, 114BR II 1 /k1N AGGAF ' GENERAL X GEItt S 01 .1.1$DRANC.FIST EL) DEL Ur MITT, TERRI OR CONi)II ION Tr I HI. INS LIFIANCE AI' ronor,o ny GA IF I !MIT'S SHOWN MAY I HAVE Al4Y TI IL IAVE HE-N ISSUED I 11 101F 1,r:u1n) NAMED COW TRACT OR OT I IER ODZUMENT WITH FtIlLICIEB DESCRIM HE.11.1.11NI IS SUBJECT mit+ REDUCED BY MU CL.MMS ABOVE FOR THE POLICY ptimun INDICATCD RE1'PEC1 'I 0 ‘.•M :It ii THIS CCRTIFICA1Z '. TO ALI l' ir Ti?trIS, EXCLUSIONS AHO CONDI1 1 PO-PTTEFEZTIVE !POLICY EXPIRATION I DATE ilt1t1/11D/YYYY) 'DATE (MIA/DD/YrYTI NE1T,MITeISIANDIN(f AY BE IMILIE0 OH IONS OF SUCH TYP F', OF vsurtaNcE POLICY NUMBER LIMITS LIABILITY 1 commcitcPALSE!4ERAL LlfaitsiT i I CL4FMS MADE I_X ' OCCI.1.4 I ' PER• ACP5901302505 3.2/31/09 I 2/3 3. /10 EACH OCCURRENCE ii,000,000 D LICE 10 ITUNITED ' P4t4.%1145 (Ea o6rArencol MED EXP (Any tam Perron' S 300,000 55,000 1,H-41*NA'. a ADA/ INILIBY G.,Nf• RAI AGGREGATE I 1 e 000,000 2, 000,000 $ 2,000,000 AGGIaEc..MIE LIMIT APPLIES IP01101 hict.:t I ILoc PRuui 'cis - COMP/OP AGG C C C AUTOMOBILE .. _. _ ., Jc.IIcnuI10lOEiOs X X .... T--7 LIABILITY .11-re Au ru ALI ov.rtko ADIOS vIKO) Mil OS NON-OwNE 0 AUTOS -, — - -- 1 .__.. 74APS019091 74AP5019091 74APS019091 02/24/10 02/24/10 02/24/10 02/24/11 02/24/11 02/24/11 COMBINED SINGLE LIMIT (E, accx12-10 5500,0", BDOILY IN/DRY (Portmrw) — 5 tIONLY INJURY 6 PROPERTY DAMAGE (Par accDern I 5 GARAGE LIABILITY ANY Auro I AUTO ONLY - CA ACCI 0 Er•IT - • i - OTHER THAN EA ACC . —. ALIl CI ONLY' AOC $ 1 EXCESS i UMBRELLA 1.1A811.ITY ! . I OCCUR I ] t.g.xoras mauE i . - - ' ocuucTioic r FIETENTION '$.' 1 E A C I .: OCCURRENCE 5 - . . Auwrc"..1.1i:, -- . . , 3 _ _ s . , s 5 A 13 3 WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANT PROPRIETOR/PA P THEetrEXECLI nu ' IA F ItISTRAIIMIVili F.XG LIMED/ /61an1Atnry In NIII If yte. neremta rg)rer SPECIAL PROVISIONS bnlow Y / N i AWC1004222 11/20/09 11/20/10 1 trolybtliAmat us Lxiod,,-, . ' - ' EL EACH Acaoarir 1 T.1, MISER:17 - El, EMPLOYEE ! f• I. DISEASE- POLICY LINT i500,000 1 500, 0 00 - I 500, 000 ()vim Personal Property , Business income ACP5904302505 ACP5904302505 12/31/09 12/31/09 12/31/10 1000 Ded $20,000 12/31/10 1000 Ded $30,000 DESCRIPTION OP OPERATioNs 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 5% Wind & Hail Deductible/ Location: 970 SW 1st St. #304 Miami, Fl 33172 D.BOND 21DDDLE7807 7/02/09-7/02/10 $100,000 $500 DED Including as additional insured City of Miami. City of Miami Lost Payee. CERTIFICATEHOLDER City of Miami Department of CIP and Transp. Office of City Manager 444 SW 2nd Ave 10th Floor Miami FL 33130 ACORD 25 (novo 1) crry-m33 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED HE TORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. OUT FAILURE TO DO SO IMPOSE 1,10 OBLIGATI° N OR UM:MI.1TV OP ANY KIND UPON THE (usuReR, rrs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 61.1 28)-1"\ k) 1988-2009 ACORD e`,ORPORATION. AM rights reserved. The ACORD (13MO and logo are registered Iriarks Of ACORD THIS DocumENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END Of THIS DOCUMENT EXHIBIT B THIS DOCUMENT 15 A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 SALARIES 1,- Executive Director 17/T 17,142 I.- Bookkeeper F/T 9,637 I.- Bus Driver/Manager F/T 9,151 1.- Bus Driver F/T 6,617 FRINGE BENEFITS FICA: 6.20% of salaries MICA: 1.45% ofsalarics WORKER'S COMP. 5.21% drivers and .46% clerks FLA UNEMPLOYMENT: 0.0331 of$7,000 of salaries GROUP HEALTH INSURANCE: Yearly estimated GASOLINE: Yearly estimated + increase MAINTENANCE & REPAIRS: Yearly estimated L10EIYSES S: FEES: Yearly estimated TELEPHONE SERVICES: Yearly estimated (Telephone service, long distanee calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance. SPACE RENTAL: Based in the contract rate & deposit+ estimated increase. AUDITING SERVICES: Based on last year. PROFESSIONAL SERVICES:Part of yearly estimated. OFFICE SUPPLIES:Estimated yearly expenses such as copy papers, pens, file folders, printers and fax toner. MATCHING FUNDS: Based on last year contract required to obtain Alliance for Aging Inc. Grant. TOTAL BUDGET Unpaid Salaries: Fica/Mica: Fla Unemployment Group Dettnl Insurance Gasoline: Space Rental: TOTAL UNPAID EXPENSES: GRAND TOTAL, AMOUNT: $ 42 547.00 2,640.00 618.00 1,572.00 66.00 601.00 6,150.00 9,747.00 1,004.00 4,617.00 2,020.00 4,500.00 2,093.00 2,370.00 8,455.00 $ 89,000.00 $ 39,602.00 3,031.00 450.00 148.00 2,344.00 6,030.00 53,605.00 $ 142,605.00 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT EXHIBIT C THIS DOCUMENT 15 A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 F/T 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°f% of salaries 14,885.00 NIICA: 1.45% of salaries 3,485.00 WORKER'S COMP. 5.21% drivers and .46'% clerks 6,500.00 FLA UNEMPLOYMENT: 0.0331 of S7,000 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 distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance. 6,925.00 SPACE RENTAL: Based in the contract rate & deposit + 5,200.00 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 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL, BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 though its combined sources of funding operates pre- arranged transportation program for passengers who are City of Miami residents and low - to moderate income elderly and 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 1FDXE45F03HA86447 $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 1FDWE35S151-1B32292 $48,282 DOT 9 2004 FORD/bus 04/02/04 24 1FDXE45S54IIA28154 $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 Jogs 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. THIS DOCUMENT gACKUPUORIGINAL IvN TO ORIGINAL. CAN BE SEEN Al END OF THIS DOCUMENT EXHIBIT E 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 CORPORATE RESOLUTION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT COMMUNITY CENTER, INC. 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 consiclereci 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, Irela Bague, Dr. Domingo J. Acosta, Mercy Montes de Oca, Chairman Vice Chairman Secretary Treasurer This Resolution was duty passed and adopted this t51 day of September, 2010. ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. (Za;L_.- lrela Bague, Vice Chairman Corpo e Seal Ge.r G.1^ ensadc . D.P. Seucul, a ARVIPHEfill Vint. hie Aenmrue APnC Funded through the City of Miami, Miami -Dade County, FRO"r &,Department of Eider Affairs & Alliance for Aging, Inc. , iivevr 970 S.W. FIRST STREET SUITE 304 MIAM1, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 CORPORATE RESOLUTION THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT COMMUNITY CENTER, INC. WHEREAS, the Board of Directors of Action Community Center, Inc., has examined the terms, Conditions and obligations or 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, Irela Bague, Dr. Domingo J. Acosta, Mercy Montes de Oca, Chairman Vice Chairman Secretary Treasurer This Resolution was duly passed and adopted this IS` day of September, 2010. ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Corporation. Irela Bague, Vice Chairman Corporate Seal nnL,6mJU+tier++a• rm Uw'nl Gr.W q Funded through the City of Miami, Miami -Dade County, FpoT, & Department of Elder Affairs & Alliance for Aging, Inc. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 Chairman of the Board Executive Director Project Director Affirmative Action Officer Personnel Officer Fiscal Management Officer NAME Ernesto A. Alzola Maria P. Albo TELEPHONE NUMBER (305) 553-5368 (305) 545-9298 Ire1a Bague/ Vice Charni.an (305) 545-9298 1. PERSON(S) AUTHORIZED TO SIGN CHECKS NAME: Ire1a Bague TITLE: ViceChairman TELEPHONE: (305) 545-9298 SIGNAT 2. - PERSON(S) AUTHORIZED TO SIGN REIMBURSEMENT PACKAGES NAME: Maria P. Albo TITLE: Executive Director NAME: Maria P. Albo TITLE: Executive Director TELEPHONE: (345) 545-9298 SIGNATURE . TELEPHONE: (305) 545-9298 SIGNA NAME: Lina M. Cruz TITLE: Bookeeuer TEI.FPHONE: SIGNATURE: 3. PERSONIS) AUTHORIZED TO SIGN CONIKACTS NAME: Ire1a Bague TITLE: Vice Chairman TELEPHONE: SIGNAT v / *persons Authorized to Pick-up Reimbursement Checks Action NAME: Maria P. Alba TITLE: Executive Director TELEPHO . (305) 545-9298. SIGNATURE: Maria P. Alba, Lina M. Cruz & Lazara Fraua Community Center, Inc. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT EXHIBIT F THIS DOCUMENT I5 A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT 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 clue 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 curler my hand and the. Great Seal of Florida, at Tallahassee, the Capital, this the Twenty Fifth day of February, 2010 Secretary of State Authcnttcniion 6i): 000170037930-022510-721665 'To authenticate this certiiieate,visil the following xitc,enter this ll),:tntl their follow the insLn clions displayed. 11tIps:llcfile.sliubiz.orglecrtall llivcr.html THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BF SEEN AT END OF THIS DOCUMENT EXHIBIT G THIS DOCUMENT I5 A SUBSTITUTION TOCRIGIhlAL BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT ACTION COMMUNITY CENTER, INC. BOARD OF DIRECTORS CHAIRMAN: ERNESTO A. ALZOLA 1101 SW l 03 RD 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 87T11 AVENUE, APT. 106 MIAMI, FLORIDA 33172 TELEPHONE: (305) 552-0647 LEGAL REPRESENTATIVE RICHARD A. ALAYON, ESQ. 4551 PONCE DE LEON BOULEVARD CORAL GABLES, FLORIDA 33134 TELEPHONE: (305) 221-2110 MEMBER: JOSE FULGUEIRA 3122 NW FLAGLER TERR MIAMI, FLORIDA 33125 TELEPI-CONE: (305) 545-4340 SUBSTITUTED 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 •n the signature page hereto, by and between the City of Miami, a municipal corpor. 'on of the State of Florida, hereinafter referred to as "the City," with its principal place o •usiness located at 444 S_W. 2 Avenue in Miami, Fl 33130, and Action Communi 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 (eac "Party," and collectively, the "Parties"). WITNESSETH: WHEREAS, t, is desirable to provide an alternative form of pre -arranged transportation service t. the residents of Miami who are low and moderate income elderly and who are disab •; and WHEREAS, Ordinan No. 02-117 of the Miami -Dade County Code, entitled "Charter County Transit Syste ales Surtax," also known as the Peoples Transportation Plan, mandates municipalities to pend a minimum of twenty percent (20%) of their share of the one-half cent Transit S • ax proceeds for transit purposes; and WHEREAS, pursuant to Co ttee Substitute for House Bill (CS/HB) 1271, recently adopted by the Florida Legisla , e, and signed by the Governor and effective July 1, 2010, which provides that the ex . sion, operation, and maintenance of on - demand transportation services are an allo able use of the Charter County Transit System Sales Surtax; and WHEREAS, the City agrees that an altern. 've form pre -arranged transportation service would be of benefit to eligible residents of M . i; and WHEREAS, pre -arranged transportation service ould not duplicate the Miami - Dade Transit Special Transportation Service; and WHEREAS, the City Manager has determined that tion Community Center, Inc., a non-profit corporation established since 1971 and providi transportation services to the low to moderate income elderly and the disabled since its in -ption, offers the City the most advantageous agreement based on a combination of - tensive experience, hands-on management, local resources, and, would minimize the dverse impact of reducing transportation services to many transit dependent riders in Mia and WHEREAS, the Contractor will provide this pre -arranged transpo tion service to the eligible population of low to moderate income elderly and the disabled; d NOW, THEREFORE, 1 SUBSTITUTED IN CONSIDERATION of the mutual terms, conditions, promises, covenants and ments hereinafter set forth, the City and Contractor agree as follows: ARTICLE 1 EXHIBITS AND DEFINITIONS DEFINED TE ` S: As used herein the following terms shall rnean: 1.1 "ADA" sha mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Contractor" s l mean any entity, public or private, providing pre -arranged transportation se 'ces as described in this Agreement under contract to the City. The Contractor is tion Community Center, a Florida non-profit corporation. The Contractor is an •dependent Contractor of the City, and not an agent authorized to bind the •'ty. The Contractor and its ernployees shall receive no City employment, vacant ' health care, or any other City benefits or stipend. Any provisions of this Agr ent that may appear to give the City any right to direct the Contractor concern the details of operating its circulator bus transportation service, or to ex- ise any control over such performance, shall mean only that the Contractor shfollow the direction of the City concerning the end results of the performance. 1.3 "Pre -arranged transportation service" all mean door-to-door, free of charge transportation services to the eligible popation pre -arranged 24 hours in advance of service provision and for the trip purpo of visiting government and medical facilities, hot meal and food procurement, p. icipating in recreational activities sponsored by public entities, and for personal r= ' abilitation. 1.4 "Eligible Population" for pre -arranged transp eligibility based on income, age, and disability and moderate income persons and households qualify for defined as incomes equal to or less than the U.S. HUD (Section 8) row -income or very low-income limits establi Age is defined as 60 years old or above. Disability and resid participant submitting a Confidential Letter provided by the Administration. The participant may not be eligible for Spec Service (STS)_ tion services shall mean iami residency. Low and ervices. Those levels are ental Subsidy Program ed by HUD annually. cy is verified by the . Social Security Transportation 1.5 "The City" shall mean the City of Miami and authorized representativ- thereof. I.6 "MDT" shall mean the Miami -Dade Transit and authorized represe atives thereof. 2 SUBSTITUTED 1.7 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof. "CSD" shall mean the Consumer Services Department of Miami -Dade County and authorized representatives thereof. 1.9 res" shall mean individual transportation fees paid by passengers will not be req ed. 2.0 "STS", .pecial Transportation Service shall mean demand -response paratransit system, - component of the conventional transit system designed to provide comparabl- ransit service to disabled individuals as mandated in the ADA. EXHIBITS: Attachehereto and forming a part of the Agreement are the following Exhibits: Exhibit A Certificate of Liability Insurance from Action Community Center Exhibit B ction Community Center Budget for Pre -Arranged T portation Services for July 1, 2010 — September 30, 201 Exhibit C Actio Community Center Budget for Pre -Arranged Transp. ation Services for October 1, 2010 — September 30, 2011 Exhibit D Work Prog Specifications for the Provision of Pre - Arranged Tr • ` ..ortation Services Exhibit E Corporate Res e utions with Authorized Representative Statement Exhibit F State of Florida 1 rrent Year Corporation Registration Certificate Exhibit G Names, addresses and ofessional affiliation of Members Board of Directors ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Applicable Laws and Regulations. The Con .ctor shall comply with all existing and future laws, statutes, ordinances, codes, ' les, regulations, and procedural requirements, whether federal, state, or local, whic are applicable to, or in any manner affect, the provision of the City of Miami 're -arranged Transportation Services. The Contractor shall be responsible • ensuring compliance of its employees, contractors, agents, or assigns with all ..plicable county, state, and federal requirements, including, but not limited to, al afety, mechanical, and vehicular standards mandated by MDT and CSD. The 3 SU BSTITUTED Contractor shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. Vehicle Licensing. All vehicles utilized by Contractor to provide transportation services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall omply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all saf- ' , mechanical, and vehicular standards mandated by MDT and CSD. 2.3 Vehicle andards. Contractor's vehicles shall comply with all of the requiremen contained in Chapters 30 and 31 of the Code of Miami -Dade County, pert . nt state statutes and other directives as may be prescribed and required by C° 0 or MDT. All vehicles utilized to provide pre -arranged transportation se es authorized by this Agreement shall at all times display a current and valid c+ ty permit and shall comply with safety, mechanical, and vehicular requiremen mandated by applicable county, state, or federal requirements, including A. 2.4 Chauffeur Requirements. C. tractor's vehicle chauffeurs shall at all times have a current and valid county chau -ur's registration. Vehicle chauffeurs shall also comply with any safety, mec nical, and vehicle standards mandated by applicable county, state, and feder• 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-arrang transportation services provided by the Contractor as an independent Contractor o e City for the benefit of the City. 2.6 Compliance with ADA. The City's pre-arran a- d transportation services, as operated, directed, and managed by the Contra or shall comply with all applicable requirements of the ADA. To the exte that any terms of this Agreement are in conflict with the ADA, the require 'eats of the ADA shall control. 2.7 Compliance with Procurement Requirements. The Contracto agrees to comply with applicable federal and state procurement requirements, as , .ay be amended from time to time, when entering into contracts with third part]- to fulfill the obligations under this Agreement. 2.8 Drug -free Workplace and Testing. In accordance with the Code of Mi.' .i-Dade County, the Contractor shall certify that it will have a drug -free wo ..lace program. Further, the Contractor shall require pre -employment drug testing d other periodic drug testing for all persons holding safety -sensitive positions, defined by USDOT, related to transit operations. Effective upon execution of th 4 2.9 SUBSTITUTED 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. endments or modifications. Unless provided otherwise elsewhere in this eement, amendments and modifications to this Agreement must be in writing anshall require the signature of the City Manager, or their designees, subject to prio .uthorization by the Miami City Commission. ARTICLE 3 CITY OF MI I PRE -ARRANGED TRANSPORTATION SERVICES 3.1 Fares. Contracto will not charge a fare for the use of the pre -arranged transportation servi• s. 3.2 Use of Logo. The Con tor may wish to design a logo uniquely identifying its pre -arranged transportatio service. Any logo will be subject to the written approval of the City Mana._ r. If they do so, such logo shall at all times be displayed on the exterior of all ehicles operating pursuant to the Agreement. ART LE 4 INSURA The parties hereto acknowledge that the City is a se -insured governmental entity subject to the limitations of Section 768.28, F.S. The City 'sk Manager shall collect and keep on file documentation of insurance of any and all priv• providers operating the City of Miami pre -arranged transportation service. At all times during the term hereof, the Contractor shall mai • in insurance and bonding coverage acceptable to the City Risk Manager. Prior to conrun: cing any activity under this agreement, the Contractor shall furnish to the City Risk Man..:er original certificates of insurance and bonding indicating that the Contractor is in comp `•nee with the insurance provisions (See Exhibit "A"). The Contractor shall provide at minimum the following coverage: (i). Comprehensive General Liability and umbrella liability co rage in an amount not less than $300,000 per person per occurrence, precting the City and the Contractor against liability incidental to the use o , or resulting from an accident occurring on or about, its property, in. uding coverage for: (a) fire, explosion, collapse, and underground hazar completed operations and independent contractors, and (b) automobi 5 SUBSTITUTED 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. Flood insurance, if applicable, in such amount as may be required by the City Risk Manager. (iv) bid bond or performance bond in such form as may be required by the Risk Manager. Fidelity bonding for . I persons handling funds received or disbursed under this Agreement in an amo t equal to or greater than one third (1/3) the amount of the grand of funds hereunder. Th ity shall be named as Loss Payee. All such insurance shall ins - the City as the primary additional insured, with a loss payable clause in favor of the ity. The Contractor shall be required to furnish evidence of any other insurance coverage e City may reasonably require during the term of this Agreement. All such policies sha require the insurance carrier to give the City at least 30 days prior written notice of term .ton, cancellation, expiration, or modification, and all such policies shall be written by in rance companies satisfactory to the City. There shall be no exclusions in such policies t override the City's coverage. Compliance with the foregoing requiremen shall not relieve the Contractor of its liability and obligations under this section or der any other section of this Agreement. ARTICLE 5 INDEMNIFICATJO 5.1 Indemnification By Provider. The Contractor shall and save the City, its officials and employees harmless from and against any id all claims, liabilities, losses, and causes of action which may arise out of the 'ntractor's activities related to the Work Program or otherwise under this Agre• 1 ent, including all acts or omissions to act on the part of the Contractor and/or any . -rsons acting for or on its behalf, and from and against any relevant orders, jud ts, or decrees which may be entered against the City, and from and against all .sts, attorney's fees, expenses, and liabilities incurred by the City in the defense o investigation of any such claims or other matters. ARTICLE 6 FUNDING AND FINANCIAL ASSISTANCE 6 SU BSTITUTED Payments. 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 xhibit "C", in an amount not to exceed $350,000 for a period of one year, tober 1, 2010 through. September 30, 2011. Funds will be appropriated from th ity's Transportation and Transit Special Revenue Fund, the transit portion of the ax, entitled "Grant To Action Community Center For Pre -Arranged Trans. ation Services." The City shall not be liable for any debt, obligation, fee, or ci t beyond this amount. 6.2 Term. Dun the term hereof and for a period of three (3) years following the date of the 1. mayment made hereunder, the City shall have the right to review and audit the - records and related records of the Contractor pertaining to any payments by the 6.3 Request for Payment. ` equests for payment should be made at least on a monthly basis. Reimbursement -quests should be submitted to the City within thirty (30) calendar days after the in• -btedness has been incurred in a form provided by the Department. Failure to .mply with these time frames for requesting reimbursement/payment may esult in the rejection of those invoices within the reimbursement package which • ' not meet these requirements. 6.4 Final Payment Request. The tractor must submit the final request for payment to the City within 30 cal e •ar days following the expiration date or termination date of this Agreement. the Contractor fails to comply with this requirement, the Contractor shall forfeit 1 rights to payment and the City shall not honor any request submitted thereafter. 6.5 Payment Withholdings. Any payment due uncle this Agreement may be withheld pending the receipt and approval by the Ci of all reports due from the Contractor as a part of this Agreement and any mo cations thereto. ARTICLE 7 TERMS, MODIFICATIONS AND MISCELLANEOUS ' ' OVISIONS 7.1 Term of Agreement. This Agreement shall commence following approval of the City Commissioners of the City of Miami and upon the ecution and authorization by the parties and shall remain in force for one year th. eafter. The Contractors Work Program is outlined under Exhibit "D". 7.2 Renegotiation or Modification. Any substantive changes in the level of se ice to be provided by the Contractor as set forth herein shall only be implernente.: fter 7 SUBSTITUTED the City has entered into a written agreement with Contractor describing the changed services. 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 'nation for Cause. This agreement may be terminated for cause by either p. upon no less than thirty (30) days written notice to the other party, except when , uttle operations are in violation of health and/or safety -related provisions of state atutes or the Code of Miami -Dade County, in which case termination shall be a determined by the City Manager. Said notice shall be delivered by verified fac ' ile transmission or certified mail, return receipt requested. The noticed party all have the opportunity to cure any stated cause for termination within the not' ► period, in which case the terminating party may cancel the termination notic• using the same means by which the notice of termination delivered. 7.5 Termination without C e. The City Manager may terminate this Agreement at the convenience of the ty without cause upon no less than sixty (60) days written notice to the othe .arty. All funding obligations of the City shall automatically cease effective • ' the date of termination. 7.6 Notices. All notices and other co unications required to be remitted pursuant to this Agreement to either party heret. hall be in writing and shall be delivered by verified facsimile transmission or ce ied mail, return receipt requested, to the 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 MIAMI: Office Of The City Manager City Hall 00 Pan American Drive i, Florida 33133 7.7 Complete and Binding Agreement This writing embodies .e full and complete agreement of the parties. No other terms, conditions or rn. •fications shall be binding upon the parties unless in writing and signed by the part 7.8 Execution. This document shall be executed in four (4) counterpart each of which shall be deemed an original. 7.9 Governing Law, This Agreement shall be construed in accordance with - laws of the State of Florida. Venue for any proceedings between the parties shall , in Miami Dade County, Florida. In order to expedite litigation, the parties agree 8 SUBSTITUTED 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 sign the obligations under this Agreement, whether by express assignment or by s.t of the company, nor any monies due or to become due, without the City Co ission's prior written approval, which approval may be unreasonably withhd. Any assignment in violation of this paragraph shall constitute a default and is g unds for immediate termination of this Agreement, at the sole discretion of the CI.. In no event shall any putative assignment create a contractual relationship etween the City and any putative assignee. IN WITNESS WHEREO the parties have caused this Agreement to be executed by their respective and duly au orized officers the day and year first above written. CONTRACTOR Action Community Center, Inc. 970 SW First Street, Ste 304 Miami, Florida 33130 A Florida not -for -profit corporation ATTEST: Corporate Secretary Maria P. Albo incipal Executive Officer ATTEST: (Attached •orate Resolution) SEAL CITY OF MIAMI, a unicipal Corporation of the Sta of Florida By• Priscilla A. Thompson Carlos A. Migoya City Clerk City Manager 9 SUBSTITUTED PPROVED AS TO APPROVED AS TO LEGAL URANCE REQUIREMENTS: FORM AND CORRECTNESS: Gary Resh, ky, ]nterim Director 10 Julie O. Bru City Attorney SUBSTITUTED HIBIT A SUBSTITUTED CERTIFICATE OF LIABILITY INSURANCE OP ID RF ACTIO-2 DATE (M).UD9f YYY1 02/26/10 PRODUCER Avente I uranca Agency, Inc , 7490 rifest niter Street Miami FL 33 44 Phone:305-6 -7070 Faxt305-648-7090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION - ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER_THISCERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. IhiSURERSAFFORDLNG COVERAGE -_J— --, NAIC$1 INURED S Action Co unity Center Inc. 970 SW 1 S eet #304 Miami FL 3 3 0 1 LNSURERA. Animal %tad z,1wrrir, 7ua. CO. �._. - - ,Y-r —.. IN UNEli Sr 69oe eadalp Tnpuranea company INSURER C. Nat loyal Iodemainy c PN$URBRD: trr a.rcryrJ In ruran9� cPayy -.. INSURER E' -__-- COVERAGES 'I H1' POLICIES ANY RF.O.JIREMENT, N.AY PEI.1NN POUCIES AC(:IIEOAIII 1risermI L.... LTR INSINt! O` IFIUHANCE LIS FED DEL HAW BEEN ISS LIFU'ID R IFIHSURED NAMED TERN OR GONDI I ION 0 CONTI tACT OR OTI CCR DOCUMENT WITH "IHE INSURANCE AFFORDED DY E POLICIES OE SCRIHEU HEIIEIN IS SUUJF.CT LI?,IITS SI?OWN MAY IHAY. EEN REDUCED BY PAID CLAIMS ACOVE FOR THE PW-ICYPERI00 RE SPEC I TO WIIICI TO ALL THE TERMS, Leer E}rtETVE" DATE l[AMfoom YY) UNOiCATEO. I ORS CERTIFICATE MAY EXGLUSSONS ANU CONDITION:, ppLICV E)(PIA 11bN"'— UATB (MiNllreNYYY) NOTWITH$TANO INS BE ISSUED ON of SUCH TYPE Of INSURANCE POLICY NUMBER L1MITs S GENERAL X -_ _ GEM. 1 LIABILITY comet RCIALGENERALLtnniuTY .ICLAIMS MACE I XJ OCCUR ACP '04302505 j 12/31/09 12/31/10 EACH OOGV_IRENCC LVVAAGtillF FIENTED ."' psattiSEscEaarsuercp) ME°EXP(AM OM,P,,rsaA) S 1, 000, 1)00_ 3 300, 000 ' T 5, 000 -- PERBr)NALLAOV INJURY j $ I.,000, 000 GENERALAGGREGATE 32,000,000 5 2 , 000, 0 0 0 AGORE.L1MF APPLIES PER' POUCT I I 71?-i I I LOC PZODUCT3 • COMPIGP AOC " C C C l:( AUTOMORILE E—' � X X �- LIAOlJTY ANY.wTO Ali. 07:,ME0 AUTOS 5CHEOUIEDAU1OS HIRED AUTOS ND1-0WN-PAUTOS ....._... ._..,.. .. . _.-.- -_—_ 74APS019091 74APS019091 74APS019091 02/24/10 02/24/10 02/24/10 02/24/11 02/24/11 02/24/11 COI.ISINED SINGLE um ISo arc,aanq 4500,000 BODILY INJURY IQp`T"5n4°"1 Y u00ILYINJURY 0'erer64p4 T PaOPEft Y DAMAGE (Per .e klenlj GARAGE LIABILRY C3\ AUTO ONLY • EAACCIDENT ACC OTHER THY: AUTO ONLY: GGl' 1 EXCESSI UMBRELLAL7IARIi.11Y ,. OCCUR II CLAIMS MADE DCDueyIeL.Q RE raprf1GN 5 f��� y ! Il 11 .lII OCCURfiEHL:E >l AGGHP'GATE - 5 -.. • -'-^-.-- i a S A woRKERSCOMPEiISAT10H AND EMPLOYERS' LIABILITY Y 1 N A YYI`N P eIETORIxLT 0RRIEXECUTIV IMsndaioryiu N111 Y it, doaarit. under SPECIALPROVI5S 6Y�ur 10N AWC1004222 11/20/09 11/21 10 - Tg, b1Al . Xl0ll. ' E.L. EACH ACCIDENT t500,000 E.L DIS1;A'JE. EAEI.IPLOYEE L 50 010 00 -.. �-- ••••' 500., 000 .- - .•• F.L DISEASE. - POLICY tuffs 23 S OTHER Personal Property Business Income ACP5904302505 ACP5904302505 12/31/09 12/31/09 12/31/10 12/31/10 1000 Ded S20,000 1000 Ded $30,000 DESCRIP TION OF OPERATIONS I LOCATIONS A VEHICLES 1 EXCLU SIGNS ADDEO OY ENDORSEMENT I SPECIAL PREVISIONS 5% Wind a }Lail Deductible/ Location, 970 SW 1st St. #304 Miami, F1 331 D.BOND 2130DAR7807 7/02/09-7/02/10 $100,000 $500 DED Including as additional insured City of Miami. City of MiammI. Lost Payee. CERTIFICATE HOLDER CANCELLATION CTT-TYM33 City of Miami Department of CXP and Transp. Office of City Manager 444 SW 2nd Ave loth Floor Miami FL 33130 SHOULD ANY OF THE ABOVE DC3CRI050 POLICIES OE CMG EO BEFORE THE EXPIRATION GATE THEREOF. THE ISSUING IHSUR ER WILL ENDEAVOR TO MAIL 3 DAYS I"LRrrfEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT F IIRE TO M?50 SHALL. 54.IPOSE NO OBLIGATION OR LIAOILITY OF ANY K1NO UPON THE fNSUR (IS AGENTS OR REPRESENTATIVES, AU1HORRED REPRESENTATIVE � rJJ / ©1988-2009 ACORO CORPORATION. All rights reserved. ACORD 25 (2009/01) The ACORD noma and fopo are registered marks of ACORO SUBSTITUTED SUBSTITUTED CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY: AC' I N COMMUNITY CENTER, INC. FISCAL YEAR: 07-01-10 TO 09-30-10 FUNDING SOURCE. TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001 ITEM SALARIES 1.- Executive Director F/ 17,142 1.- Bookkeeper F/T 9,837 1,- Bus Driver/Manager FIT 9,151 1.- Bus Driver FIT 6,617 FRINGE BENEFITS FICA: 6.20% of salaries MICA: 1.45% of salaries WORKER'S COMP. 5.21% drivers and .4t' a clerks FLA UNEMPLOYMENT: 0.0331 of $7,000 o alaries GROUP HEALTH INSURANCE: Yearly estirn- ed GASOLINE: Yearly estimated + increase MAINTENANCE & REPAIRS: Yearly estimated LICENSES & FEES: Yearly estimated TELEPHONE SERVICES: Yea rly estimated (Telephone service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance, SPACE RENTAL: Based in the contract rate & deposit + estimated increase. AUDITING SERVICES: Based on last year. PROFESSIONAL SERVICES:Part of yearly estimated. OFFICE SUPPLIES:Estimated yearly expenses such as copy papers, pens, file folders, printers and fax toner, IYIATCHING FUNDS: Based on last year contract required to obtain Alliance for Aging Inc. Grant. Unpaid Salaries: Fica/Mica: Fla Unemployment Group Delta! Insurance Gasoline: Space Rental: TOTAL BUDGET TOTAL UNPAID EXPENSES: GRAND TOTAL 39,602.0 3,031,00 450.00 148.00 2,344.00 8,030.00 AMOUNT. $ 42,547.00 2,640.00 618.00 1,572,00 66.00 601.00 6,150.00 9,747.00 1,004.00 4,617.00 2,020.00 4,500.00 2,093.00 2,370.00 8,455.00 89,000.00 3,605.00 $ 142,6 .00 SUBSTITUTED XH1B1T C SUBSTITUTED CITY OF MIAMI BUDGET NARRATIVE BY LINE -ITEM AGENCY; TION COMMUNITY CENTER. INC, FISCAL YEAR: 10-01-10 TO 09-30-11 FUNDING SOU E: TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001 ITEM SALARIES I.- Executive Director 66,900 1.- Bookkeeper F(T 38,640 I .- Secretary FIT 20,880 I. Bus Driver/Manager FYT 36,120 2.- Bus Driver FIT @ 25,820 51,640 2.- Bus Driver PTT (cry, 12,910 25.,820 FRINGE BENEFITS FICA: 6.20% of salaries i1IICA: 1.45% of salnrics WORKER'S COMP. 5.21% drivers and .46" , . lerlts F'LA UNEMPLOYMENT: 0.0331 of$7,000 of • ,tries CROUP HEALTH INSURANCE.: Yearly estimat GASOLINE: Yearly estimated + increase MAINTENANCE & REPAIRS: Yearly estimated LICENSES & FEES: Yearly estimated TELEPHONE SERVICES: Yearly estimated (Telephone service, long distance calls, equipment maintenance. INSURANCE: Auto and Commercial Liability Insurance. SPACE RENTAL: Based in the contract rate & deposit+ estimated increase. AUDITING SERVICES: Based on last year. PROFESSIONAL SERVICES:Part of yearly estimated. OFFICE SUPPLIES:Estimated yearly expenses such ns copy papers, pens, file folders, printers and fax toner. MATCHING FUNDS: Based on last year contract required to obtain Alliance for Aging Inc, Grant. `FDOT MATCHING FUNDS: To purchase a new bus. TOTAL BUDGET AMOUNT: 240,000, 00 14,685.00 3,4135.00 6,500.00 965.00 32,750.00 5,000.00 2,475.00 460,00 3,500.00 6,925,00 8,200.00 3,500.00 2,000.00 900.00 8,455.00 10,000.00 350,000.00 SUBSTITUTE] H1BIT D SUBSTITUTED EXHIBIT T) ACTION COMMUNITY CENTER, INC. WORK PROGRAM SPECIFICATION FOR THE PROVISION OF PRE -ARRANGED TRANSPORTATION SERVICES ONTRACT TERM: ,IIJLY 01, 2010 - SEPTEMBER 30, 2010 CON CT TERM: OCTOBER 1, 2010 — SEPTEMBER 30, 2011 RECOGNIZING HAT: The Agency as-a-w 'le and through its combined sources of funding operates pre- arranged transportation 'rogrann for passengers who are City of Miami residents and low - to moderate income eldei and the disabled. The following work program specifications for the total operation of thare-arranged transportation program during the contract year is hereby outlined and conipl with the City of Miami transportation requirements. I, PROGRAM will provide an a . rnative form of pre -arranged transportation service to the City of Miami residents who ar- 1so low -to moderate income elderly and the disabled during the contract term. II. Any of the five (5) vehicles, registered the name of the Agency, will be used to transport City of Miami eligible passengers ..'d are identified as follows: III. BUS DA I E, OF Seat FUNDING NO. YEAR MAKE PURCHASE & wheelchair VIN No. COST SOURCE 2 2003 FORD/bus 07/31/03 24 1FDXE45 HA86447 $53,716 DOT 4 2005 FORD/van 05/05/05 7+1 w/c IFDWE35S75' • 08885 $46,685 DOT 7 2006 FORD/van 05/10/06 7+1 w/c 1FDWE35S15HB : 92 $48,282 DOT 9 2004 FORD/bus 04/02/04 24 1FDXE45S54HA2815 $52,846 CD Donation 10 2002 FORD/van 01/02/02 7 2FMZA51462BA62949 ,855 C130 IV. The contractor will maintain records of daily transportation logs docuret eligible population for the transportation service and reporting the monthly boardings b •ip purpose. The monthly reports shall include demographic information on the pass- _ers including income and, if applicable, disability status. The contractor will maintain updated, complete and accurate records during the contract term and will retain them i one central place at 970 SW First Street, Suite No. 304, Miami, FL 33130. SUBSTITUTED EXHIBIT E 970 S.W. FIRST STREET SUITE 304 MIAMI, FLORIDA 33130 PHONE: (305) 545-9298 FAX: (305) 545-0203 SUBSTITUTED CORPORATE RESOLUTION COMMUNITY CENTER, INC.. WHEREAS, the Board of 'rectors of Action Community Center, Inc., has examined the terms, Conditions and obligations o the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elderly a d Handicapped in the amount of $142,605.00 WHEREAS, the Board of Directo at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the poration; and WHEREAS, all the other terms of the At -eernent shall remain in full force, NOW therefore, be it resolved y the Board o 1 irectors of Action Community Center, Inc., that any Officer of the Corporation, whose name and ti appears below Are authorized and instructed to execute the Agreement for and on behalf of Acti+ r Community Center, Inc. NAME Of THE OFFICERS AND TITL Ernesto A. Alzola, Ire]a Bague, Dr. Domingo J. Acosta, Mercy Montes de Oca, Chrlirma tz Vice Chaian Secretary Treasurer This Resolution was duly passed and adopted this 151 day of Septentber, 2010. ti ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Ccitioration. Irela Bague, Vice Chairman a. atA xxw�h�4d^x mr Funded through the City of Miami, Miami -Dade County, i.!''FDOT &.Department of Elder Aff irs & Alliance for Aging, Inc. J ' SUBSTITUTED 970 S.W. FIfST STREET SUITE 304 MIAMI, FLORiDA 33130 PHONE: (305) 545-9296 FAX: (305) 545-0203 COMMUNITY CENTER, INC. CORPORATE RESOLUTION WHEREAS, the Board • Directors of Action Community Center, Inc., has examined the terns, Conditions and obligation .f the proposed Agreement with the City of Miami/CDBG for the Transportation of the Elder! ' nd Handicapped in the amount of $ 350,000.00 WI-IEREAS, the Board of Direc', 's at a duly held corporate meeting has considered the matter in accordance with the Bylaws of the orporation; and WHEREAS, all the other terms of the eement shall remain in full force, NOW therefore, be it resolved y the Board + Directors of Action Community Center, Inc., that any Officer of the Corporation, whose name and appears below are authorized and instructed to execute the Agreement for and on behalf of Actt. I Community Center, Inc. NAME OF THE OFFICERS AND TITL Ernesto A. Alzola, Chairmai Irela Bague, Vice Chair Dr. Domingo J. Acosta, Secretary Mercy Monies de Oca, Treasurer This Resolution was duly passed and adopted this 196 day of Septeml , 2010. ACTION COMMUNITY CENTER, INC., A Florida Not -for -Profit Cot. . 'ration. Irela Bague, Vice Chairman Corporate Seal c®„a. N....au fail. A tennr4rMM. ke Funded through the City of Miami, Miami -Dade County, Fp9T & Dep rfinent of Elder Affairs & Alliance for Aging, Inc. SUBSTITUTED AUTHORIZED REPRESENTATIVE STATEMENT Provi+. the name(s) and telephone number of the person(s) who has been designated the responsibility within t' following areas: POSITION NAME TELEPHONE NUMBER Chairman of th L oard Ernesto A. Alzola (305) 553-5368 ExecutiveDirecto Project Maria P. Albo (305) 545-9298 Director Affrnrnativ Action Officer Persor Officer Fiscal Management Office Irela Baguet Vice Charman (305) 545-9298 I . PERSON(S) AUTHO •' ED TO SIGN CHECKS NAME: Irela Bague TITLE: ViceChairman NAME: Maria P. Albo TITLE: Executive Director TELEPHONE; (305) 545-9298 TELEPHONE: 305 545-9298 SIGNAT SIGNATURE: 2. ' PERSON(S) AUTHORIZED TO SI REIMBURSEMENT PACKAGES NAME: Maria P. Alba TITLE: Executive Director TELEPHONE: (305) 545-9298 3 J, TELEPHONE: SIGNATURE Gl= GNANRE: y ~ NAME: Lina M. Cruz TITLE: Bookeeper 3. PERSON(S) AUTHORIZED TO SIGN CONTRAC NAME: Ire1a Barrue NAME: aria P. Albo TITLE: Vice Chairman TITLE: E - Wive Director TELEPHONE: ! 545-9298 1ELEPHO y 305 545-9298 As SIGNAT SIGNATURE: *Persons Authorized to Pick-up Maria P. Albo, Lina M. Cruz & L Reimbursement Checks • Action Community Centers Inc. ro FraQa SUBSTITUTED XHIBIT F SUBSTITUTED State of Florida Department of State 1 certify fro'. the records of this office that ACTION COMMUNITY CENTER, .. is a corporation organized under the laws of the State of Florida, filed of ` epternber 8, 1971. The document num"er of this corporation is 721665, I further certify that ' d corporation has paid all fees due this office through December 31, 4.10, that its most recent annual report was filed on February 22, 2010, an' is status is active. I further certify that said orporation has not filed Articles of Dissolution. Givers ander my Florida, at Tallalt Twenty Fifth day v rrd and the Great Seat of ee, the Capital, this the ebruary, 2010 Secretary of ` :.ate Authentication m: ©00170037930-022510-721665 To authenticate this ccrIiflcnIc visit the following site, enter . is 1T), owl then follow the instructions displayed. Litt ps:ll el ilc.s tl n b iz. o rg/ce rta a tltver. li tn►l SUBSTITUTED► EXHIBIT G SUBSTITUTED ACTION COMMUNITY CENTER, INC, BOARD OF DIRECTORS CHAIRMAN: ERNESTO A. ALZOLA 1101 SW 103ar) COURT MIAMI, FLORIDA 33174 TELEPHONE: (305) 553-5368 VICE CHAIRMAN: TRELA 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 RCY MONTES DE OCA 50 W 87TH AVENUE, APT. 106 MIA , FLORIDA 33172 TELEP ONE: (305) 552-0647 LEGAL REPRESENTATIVE RICHARD . ALAYON, ESQ. 4551 PONC DE LEON BOULEVARD CORAL GAB S, FLORIDA 33134 TELEPHONE: ( 5) 221-2110 MEMBER: JOSE FULGUEIRA 3122 NW FLAGLER RR MIAMI, FLORIDA 331 TELEPHONE: (305) 545-r ' 40