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25158
AGREEMENT INFORMATION AGREEMENT NUMBER 25158 NAME/TYPE OF AGREEMENT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION DESCRIPTION GRANT AGREEMENT/MLK BUSINESS CENTER INFRASTRUCTURE IMPROVEMENT/FILE ID: 16349/R-24-0302 EFFECTIVE DATE August 15, 2024 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/27/2024 DATE RECEIVED FROM ISSUING DEPT. 8/27/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: D5 - Martin Luther King Development Corporation (Miami For Everyone) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $550,000 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): MIAMI FOR EVERYONE GRANT FUNDING AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): District 5 Miami For Everyone Grant Agreement with Martin Luther King Development Corp ("MLKEDC"). The organization proposes repairs and improvements to the MLKEDC property located at 6114 NW 7th Avenue. The improvements to the property will allow the organization to continue providing services to the community without interruption. COMMISSION APPROVAL DATE: 07/25/2024 FILE ID: 16349 ENACTMENT NO.: R-24-0302 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR August 20, 2024 I 10:58:56 EDT PRINT: MARIE SIGNATURE:__ PRINT: ANN-MAitirgitARPE SIGNATURE: "MAGGIE" GOUIN DocuSigned by: SUBMITTED TO RISK MANAGEMENT August 20, 2024 I 11:18:06 EDT DocuSigned by: Fra.ti& apw,v) Wu ust 22 , 2024 I 12 :05 :08 EDT g SUBMITTED TO CITY ATTORNEY August 23, 2024 I 16:37:07 EDT PRINT: GEORGE SIGNATURE: G `'."$"'g K. WYSONG �DncnSlgned by: Gt,arT, i464111 RECEIVED BY CFO/ ASSISTANT CITY MANAGER August 26, 2024 I 14:48:20 EDT PRINT: LARRMEMB SIGNATURE: DocuSigned by: ri � p I-A-qn APPROVAL BY CITY MANAGER August 27, 2024 1 13:56:38 EDT PRINT: ARTHUR SIGNATURE: NORIEGA V. -DocuSigned by: I 11NOVI t,y, 850CF6C377pp42A ATTESTED BY CITY CLERK August 27, 2024 1 16:53:31 EDT PRINT: TODD SIGNATURE: B. HANNON DocuSigned by: D15E/MC EldED PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami MFE Funding Agreement CITY OF MIAMI MIAMI FOR EVERYONE FUNDING AGREEMENT This MIAMI FOR EVERYONE AGREEMENT ("Agreement") is entered into this 15th da\ of August , 2024by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, a Florida not for profit corporation, located at 6114 NW 7TH AVENUE. MIAMI FLORIDA 33127 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Miami For Everyone ("MFE") Program to assist communities facing the long-term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, the RECIPIENT submitted a Request for MFE Funding to the City; and WHEREAS, the CITY adopted Resolution No. R-24-0302 on July. 25 2024, wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of FIVE HUNDRED FIFTY THOUSAND AND 00/100 dollars ($550,000.00) ("Funds"), attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on August 12. 2024. and shall continue until August 12. 2025. 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and City of Miami MFE Funding Agreement RECEIPIENT'S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit "B"), and as disbursed in the manner hereinafter provided. 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit "B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. PISBLIRSENIENT OF FUN )S: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of FIVE HUNDRED FIFTY THOUSAND AND 00/ 100 dollars ($550.000.00), B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Form attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCF,DURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the MFE Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the term hereof. Without limiting the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORD'SS Jr SPECTIONS. REPORTS/AUDITS AND EVALUATION:, To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as City of Miami MFE Funding Agreement being incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and at reasonable times, and for a period of up to three (3) years following the termination ofthis Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. RECIPIENT understands, acknowledges, and agrees that: a) The CITY must meet certain record keeping and reporting requirements regarding the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the CITY; and b) At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall deliver to the CITY such reports and written statements relating to the use of the Funds as the CITY may require from time to time; and c) All costs and expenses of the activities described in Exhibit "C" shall be at actual cost with no markups; and d) RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate termination of this Agreement by the CITY and the immediate reimbursement to the CITY of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned City of Miami MFE Funding Agreement to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each. Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT; RECIPIENT represents and warrants to the CITY that it has not employed or retained any person or company employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. COMPLIANCE WITH FEDERAL. STATE AJ D LOCAL LAWS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. JNDENINIFICATION; RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of any of them, or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the CITY, its officials and/or employees were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to City of Miami MFE Funding Agreement indemnify, defend and hold harmless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to RECIPIENT's negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 10. REVERSION OF ASSETS; Upon the expiration, termination, or cancellation of this Agreement, any unspent MFE Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused MFE Grant funds at the time of such expiration, termination, or cancellation. 11. DEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CITY in the procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMINATION RIGHTS: The CITY shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least five (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to RECIPIENT compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional City of Miami MFE Funding Agreement compensation, other than that provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the RECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. (2) Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. (3) Wholly or partially suspend or terminate the current MFE Program Funds awarded to the RECIPIENT. (4) Withhold further MFE Program funding for the RECIPIENT. (5) Take all such other remedies that may be legally available. 14. MARKETIN[;:. RECIPIENT shall consult with the City Manager, or his or her designee, regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval shall not be unreasonably withheld. 15. INSURANCE: The required Insurance, as approved by the City of Miami Department of Risk Management shall be provided by the RECIPIENT and all such proof shall be attached as an Exhibit to this Agreement. Those entities/individuals required to be listed as additional insured by the Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. City of Miami MFE Funding Agreement RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance with Exhibit "E" attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 16. NONDISCRIMINATION: RECIPIENT represents and warrants to the City that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASS (GN'+'IENT: This Agreement shall not be assigned by RECIPIENT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY'S sole discretion. 18. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY '' MATTE RS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency. b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, been convicted of or had a civil judgement rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the CITY and the CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this Agreement. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT Martin Luther King Economic Development Corp 6114 NW 7TH Avenue Miami, Florida 33127 Attn: Amina M. McNeil, Esq., Executive Director CITY City of Miami MFE Funding Agreement City of Miami Office of Management & Budget 444 SW 2'Avenue, 5th Floor Miami, FL 33130 Attn: Marie Gouin, Director With copies to: Office of the City Attorney 444 SW 2ndAvenue, Suite 945 Miami, FL 33130 Attn: George K. Wysong III, City Attorney City of Miami MFE Funding Agreement 20. allucarsmial Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the RECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2ND AVENUE, SUITE 945, MIAMI, FL 33130. 21. cmaT OF INT`REeL RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 22. VF N1N VE ..,..._ A �.. enforced according to the laws of the State of Florida. Venue Ve uhis in Agreement shall be construed and all proceedings shall be in F City of Miami MFE Miami-Dade County, Florida and the parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 23. W•130F TIJRV TRIAL_ Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the RECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 24. MISCFI I ANFOi7C pROVTC1011 C A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms of this Agreement shall control. D. Should any provision, paragraph, sentence, x%ord or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. City ofMiami MFE Funding Agreement 25. r jaNutuih f A J! L.1 The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part without the CITY'S prior written consent, which may be withheld in the CITY'S sole discretion.' 26. £UC .SSOR. AND SSI Gi`lfi_ This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 27. g ONTRACT(iu. 28. in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any party not a party hereto. 29. M1' 'Fund availability of funds and continued authorization forng program this Agreement is contingent on the ivities the subject to amendment or termination due to lack of allocated oand tavailable dfunds, Agreemi s discontinuance of funds or change in laws, codes, rules, policies or regulatioupon thi reduction n or days' notice. regulations, p y (30) 30. IPIENT _�'R"f'. •• The RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the RECIPIENT'S governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G". 31. ANTI -HUMAN TRAFFICKING. The RECIPIENT confirms and certifies that it is not in violation of Section 787.06, Florida Statutes, and that it does not and shall not use "coercion" for labor or services as defined in Section 787.06, Florida Statutes. The RECIPIENT shall execute and submit to the CITY an Affidavit, of even date herewith, in compliance with Section 787.06(13), Florida Statutes, attached an incorporated herein as Exhibit "H". If the RECIPIENT RECIPIENT, its contractors, subcontractors, employees, and agents shall be deemed to be independent contractors of the CITY, and shall not attain any rights or benefits under the civil, v 1' service pensiontorgs programs employees of the CITY, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY BIRD -PARTY ENFFI A Y FITS: No provision of this Agreement shall, City of Miami MFE Funding fails to comply with the terms of this Section, the CITY may suspend or terminate this Ageement immediately, without prior notice, and in no event shall the CITY be liable to RECIPIENT for any additional compensation or for any consequential or incidental damages. 32. A Z'1FORIT1': Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations and the certifications hereunder have been duly authorized and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 33. LaNUJIL=Jmil Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 34. EINiT'1RF, AC,Rr'Mli ?►�-r. ,� This instrument and its attachments constitute the sole and entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 35. CQllNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. [Remainder intentionally left blank; Signature page to follow] City of Miami MFE Funding Agreement IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed Signed by: r respective officials thereunto duly authorized, this the day and year above written. DocuSigned by: "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida p—DocuSigned by: 024 16:53:31 Q'``U"" 'U 27, 2024 1 13:56:38 EDT J , 7, • �Rt0•a.F6C3726)D42A... - - -Ek6�75G6DEF� 450... Date: Todd B. Hannon, Date: Arthur Noriega V, City Manager City Clerk APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: cAl 3U(2024 1 16:37:07 88776E-9FC8824°E3... George K. Wysong III Date: City Attorney August 22, 2024 1 12:05:08 EDT ATTEST: Print Name: Webster Pierre Title: Executive Assistant DocuSigned by: APPROVED AS TO INSURANCE REQUIREMENTS: rF itat,k attilgtitt 20, 2024 I 11:18:06 EDT �-7-39 b C Cr's18 21-4 E7— Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" /41artrn Lur1"A�: k nil 6'3 4: :C-- De vefcpen`��*'� A Florida Not -For -Profit Corporation By: Print Name: Amina M. McNeil, Esq. Title: Executive Director MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI RESOLUTION AGENDA ITEM COVER PAGE File ID: #16349 Resolution Sponsored by: Commissioner Christine King A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($550,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAM FUNDS ("FUNDS") TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLK EDC"), TO MAKE CRITICAL INFRASTRUCTURE REPAIRS TO THE MLK BUSINESS CENTER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. City of Miami Legislation Resolution Enactment Number: R-24-0302 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16349 Final Action Date:7/25/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION AND APPROPRIATION OF MIAMI FOR EVERYONE ("MFE") PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($550,000.00) FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF MFE PROGRAM FUNDS ("FUNDS") TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION ("MLK EDC"), TO MAKE CRITICAL INFRASTRUCTURE REPAIRS TO THE MLK BUSINESS CENTER, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED ("PROJECT"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, INCLUDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 13, 2023, pursuant to Resolution No. R-23-0178, the City of Miami ("City") created the Miami For Everyone ("MFE") Program to assist communities facing the long- term complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, the Martin Luther King Economic Development Corporation, a Florida Not For Profit Corporation ("MLK EDC"), is a non-profit organization established in 1975 to serve the residents of Liberty City, Florida; and WHEREAS, MLK EDC submitted a grant application, attached and incorporated herein as Exhibit "A," to the City of Miami ("City") for MFE Program funds for critical repairs to the MLK Business Center infrastructure that include, but are not limited to, roof, electrical, plumbing, and stucco repairs (collectively, "Project"); and WHEREAS, the City's District 5 Commissioner ("Commissioner") wishes to provide grant funds from the Commissioner's share of the City's MFE Program funds in an amount not to exceed Five Hundred Fifty Thousand and 00/100 Dollars ($550,000.00) ("Funds") for the Project; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "B", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Project; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the allocation of the Funds for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written finding, attached and incorporated as Exhibit "B", that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Project and waiving the requirements for said procedures, are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the Commissioner's share of the City's MFE Program funds to MLK EDC for the Project on a lump sum basis. Section 4. The City Manager is further authorized' to negotiate and execute any and all documents necessary, including, but not limited to, any agreements, modifications, and amendments, all in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS ge Wy ng III, C7/16/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK Insert Pages 2, 3, 4, & 5 from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: Martin Luther King Economic Development Corp. (MLKEDC) is a non profit that has served the Liberty City, Model City, Brownsville and surrounding community since 1975. Our focus is on providing services and economic development opportunity for low income and under -served residents in the community. MLKEDC has been the co -developer on 2 affordable housing projects in the City of Miami, owns and operates a business center, and manages a community kitchen incubator program. Is your program/project providing direct services to residents of the City of Miami? Yes[■INo❑ 250+ Number of residents your entity will serve: Frequency of Service: Age Group Served: Daily All Is your program/project related to a declared emergency in the City of Miami? Yes❑No Name of Declared Emergency: Date of Official Declaration: Is your program/project impacting one of Miami's afflicted communities? Yes Geographic Area Served (specific to this project/program) District Served (1, 2, 3, 4, 5, Citywide) District 5 Neighborhood/Community being served: Liberty City, Brownsville, Model City Program/Project Priority area (Select one): Affordable Housing Educational Programs for children, youth, and adults Elderly meals, direct financial assistance, transportation, recreational and health/wellness related activities Direct financial assistance, food assistance (gift card programs, voucher programs) At -risk youth or youth summer job programs Page 2 of 6 Return this form to: gbrito@miamigov.com (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form Transportation services and programs Job development, retention and training programs Homeless Services Food Distribution programs Climate Resiliency Improvements ITEssential supplies, during a State of Emergency, natural disaster, or economic crisis I�1 Allowable Infrastructure Improvement per program purpose and guidelines Page 3 of 6 Return this form to: gbrito@miamiRov.com (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form Program/Project Title: MLK Business Center Infrastructure Improvement Project/Program Description: Repairs to Martin Luther King Business Center. Program Start Date: August 2024 Program End Date: August 2025 Please describe how this program/project and funding will assist the community overcome the adverse effects of the declared emergency: N/A IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program: This project will improve the infrastructure of MLK Business Center which house MLKEDC, 2 Clinics, Charter School, Kitchen Incubator and Barbershop. This will insure that MLK Business Center can operate without interruptions due to needed repairs. Please attach additional pages to the back of this packet, if the space above is not sufficient. Page 4 of 6 Return this form to: g_brito@miarnieov.com (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ 550,000.00 Explain how the City of Miami's Miami For Everyone funding will be utilized: Funds will be utilized to make critical repairs to the MLK Business Center infrastructure. These repairs include, but are not limited to, the roof, electrical, plumbing, and stucco. Repairs will help MLKEDC continue to house and as well as continue to provide programs. Itemize MFE funding related to expenditures below: Personnel Salaries & Wages: $ 50,000.00 Personnel Benefits $ Space Rental: Utilities (Electricity, Phone, Internet): Supplies: $ Equipment $ Marketing: Transportation (Participants): Meals (Participants): 5 Professional Services (List each): $ Construction (attach schedule of costs): $ 300kroaf, 100k-F ec Ara Plumhlnp, 100kSluao Other (please describe): Other (please describe): Other (please describe): Return this form to: gbrito@miarnigov.com (March 28, 2023) HOME EXEMPTIONS REAL TANGIBLE PUBLIC ONLINE TAX ROLL ABOUT CONTA 6 ESTATE PERSONAL RECORDSTOOLS ADMINISTRATION US US 011.1F_I-. _ PRnPI TY ADDRESS OWNER NAME SUBDIVISION NAME FOLIO 111 NW 1 St SEARCH: 6100 nw 7th ave Suite I0. Folio: 01-3114-037-0010 Sub -Division: BAYAMI PARK Property Address 6100NW7AVE Owner MARTIN LUTHER KING ECONOMIC DEVP CORP Mailing Address 6116NW7AVE MIAMI, FL 33127-1112 PA Primary Zone 6100 COMMERCIAL - NEIGHBORHOOD Primary Land Use 1713 OFFICE BUILDING - ONE STORY : OFFICE BUILDING Beds / Baths /Half 0/0/0 Floors 1 Llving Units 0 Actual Area 33,181 Sq.Ft Living Area 33,181 Sq.Ft Adjusted Area 33,017 Sq.Ft Lot Size 54,731 Sq.Ft Year Built 1930 Map View • Layers MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 5 from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ 550,000.00 Explain how the City of Miami's Miami For Everyone funding will be utilized: Funds will be utilized to make critical repairs to the MLK Business Center infrastructure. These repairs include, but are not limited to, the roof, electrical, plumbing, and stucco. Repairs will help MLKEDC continue to house and as well as continue to provide programs. Itemize MFE funding related to expenditures below: Personnel Salaries & Wages: $ 50,000.00 Personnel Benefits $ Space Rental: $ Utilities (Electricity, Phone, Internet): $ Supplies: Equipment Marketing: Transportation (Participants): Meals (Participants): Professional Services (List each): $ S Construction (attach schedule of costs): $ 300k oof, 100k-Elecu raVPlumhing, 100k-Slu�ru Other (please describe): Other (please describe): Other (please describe): Return this form to: brii:o miami ov.corn (March 28, 2023) Estimated Construction Repairs For MLK Business Infrastructure Improvement Center Roof Replacement Repairs: $300,000.00 Electrical/Plumbing Repairs: $100, 000.00 Stucco: $100, 000.00 MIAMI FOR EVERYONE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" MFE AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, an amount not to exceed FIVE HUNDRED FIFTY THOUSAND AND 00/100 $550,000.00 for the services provided pursuant to this Agreement. 2. Request for Payments should be submitted to the CITY in a form provided by the City and included in this Exhibit as Request for Payment Form. 3. The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows: Lump Sum. basis 5. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. 6. Recipient must periodically submit expenditure support to the CITY, inclusive of associated invoices, proof of payments, capital request for payment applications, contractor certifications, project photos, applicable permits, and project schedules. MFE Request for Payment Form Date: 8-15-2024 Send to: City of Miami Invoice Number: Office of Management & Budget 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Miami For Everyone - MLKEDC Business Center Infrastructure Imp_ Recipient: Martin Luther King Economic Development Corp. Recipient's Address: 6114 NW 7TH AVENUE. MIAMI, FL 33127 I hereby request payment in the amount of $ 550,000.00 for expenses incurred in relation to the City of Miami's Miami For Everyone Activity/Program/Services provide below. Number of People Served/Location of Services - 250+ - District 5 - Liberty City - Brownsville - Model City Description Rate Amount Repairs to the Martin Luther King Business Center $550,000.00 TOTAL: $ 550,000.00 I certify that the Program/Service was provided in accordance to the approved Program/Project as described in the MFE Funding Request Form and that expenses were incurred in the provision of said Program/Service. orized Representative Signature 8-15-2024 Date Amina M. McNeil, Esq. Type Name Executive Director Title: MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT E — INSURANCE REQUIREMENTS (MLKEDC) I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. PRODUCER C & C Insurance, Inc. 1921 NW 150 Ave, Suite 101 Pembroke Pines, FL 33028 INSURED �..m.40 MARTLUT-01 SMENDEZ 'A�� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 8/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT NAME' Martin Luther King Economic Development Corp. 6114 Northwest 7th Avenue Miami, FL 33127 PHONE (A/C, No, Ext): (954) 431-2008 Ross: info@candcinsurance.com INSURER(S) AFFORDING COVERAGE lac, No):(954) 704-0507 INSURER A : EVANSTON INSURANCE COMPANY INSURER B : NAIC # INSURER C : INSURER D: INSURER E : INSURER F : • NUMBER- -- THIS' IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF 1MNIIDDIYYYYI POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X 3AA788903 5/25/2024 5/25/2025 EACH OCCURRENCE 5 1,000,000 E TO PREMISESIEaENTED rrrencel $ _ 100,000 CLAIMS -MADE I ^J OCCUR MED EXP (Any one person) S $'00 _ PERSONAL&ADVINJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENAGGREGATE — 'L POLlCY OTHER LIMIT APPLIES PER: JECT LOC PRODUCTS-COMP/OPAGG s Included HIRED NONOWNED 5 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOSp,,pAqq�y pp 'AIMS X X 3AA788903 5/25/2024 5/25/2025 IEOM3a CCNEDSINGLE LIMITdeI$ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ E PROa accideRTY nt) Per 11 5 $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE 7 OFFICERlMEMBER EXCLUDED? Mandatary in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A OTH- PPER ATUTE ER E L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E L DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Miami is listed as additional insured with respect to the general liability policy. CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami, FI 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCI R14, L' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 03/ 1 i/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BIBERK P.O. Box 113247 Stamford, CT 06911 INSURED Martin Luther King Economic Development Corporation 6114 NW 7th Ave Miami, FL 33127 CONTACT NAME PHONE 844-472-0967 FAx 203-654-3613 {A/C }ip C EMAIL customerservice8 biBERK.com ADDDRQRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Berkshire Hathaway Direct Insurance Company INSURER B 10391 INSURER C : INSURER 0: INSURER-E: INSURER F • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. EFF INSRLTADDTYPE OF INSURANCE N$L SU DR POLICY NUMBER (MMIDDJYYYYI LTR INSD MD - POLICY YY LIMITS (MMIDDIYYPOLICY COMMERCIALGENERAL LIABILITY EACH OCCURRENCE $ 0 I_ . CLAIMS -MADE , OCCUR DAMAGE TO RENTED PREMISES (EaS iateScg) $ 0 I 1 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 -I P $ AUTOMOBILE LIABILITY CQMBINEDS1NGLEUMIt (Es 2=490 $ ANY AUTO BODILY INJURY (Per person) $ - OWNED SCHEDULED BODILY INJURY (Per accident) $ _I AUTOS ONLY HIRED AUTOS NON -OWNED 'PROPERTY DAMAGE (Per accident) $ - AUTOS ONLY _ AUTOS ONLY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESSLIjAB CLAIMS -MADE AGGREGATE _ $ 1 DED RETENTION $ $ WORKERS COMPENSATION TH X I PERTUTE I OER AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE 05/25/2024 05/25/2025 E.L. EACH ACCIDENT $100,000 A is 9ERExcI.UDem [Mandatory id NH) (Mandatory N NIA N9WC812505 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $ 500,000 I Professional Liability (Errors & Omissions): Claims -Made Per Occurrence/ Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Ave Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD From: Amina McNeil To: Brito Gabriel; Webster Pierre Cc: Lazcano. Dieacr Mare'. Yvette Alban. Xavier E ; Gouin. Marie Subject: Re: Miami For Everyone Grant - MLX Business Center Repairs Date: Thursday, August 15, 2024 10:06:46 AM Attachments: imaae002.Dr;g imaoe001.png Erriaae001.ipst 4 2 k I- ibt_pfnankof wprkers comD Coi,PDF Aug•13 email with COLDdf [CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Gabriel The certificates of insurance were sent over earlier this week. I am resending them for your records as well as the original email for reference. Please note that we do not have any commercial/business auto liability as MLKEDC does not own any vehicles. workers comp coi. PDF Amina M. McNeil, Esq. President/C.E.O. Martin Luther King Economic Development Corporation On Thu, Aug 15, 2024 at 8:55 AM Brito, Gabriel <GBrito)miamigov conk> wrote: Hello Diego, Risk and Legal have reviewed the draft document. We require the Certificate of Insurance to complete the package for signature routing. Gabrie]J. Brito CIP Budget Coordinator Office of Management & Budget MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT F — CLOSE-OUT REPORT The Close Out Report must be completed at the end of the program. Date: City of Miami Miami For Everyone Program Close -Out Report Type text here Allocation Amount: $550,000.00 Program/Project TitleMiami For Everyone — MLKEDC Business Center Infrastructure improvements Recipient's Name: Martin Luther King Economic Development Corp, Recipient's Address_ 6114 NW 7th AVE, MIAMI, FL 33127 Please provide the information in reference to all the services provided with the City of Miami Miami For Everyone program: Program Start Date and End Date Program/Project Priority Area Description of Project/Activity/Service District where Project/Activity/Service were District 1, District 2, District 2, District 3, District 5 and/or Provided If Citywide Location of Project/Activity/Service (ie. Site, neighborhood, area) Project KPI (Ex. # People, Households Served, workers/students enrolled) Frequency of Project/Activity/Service over the period of performance Narrative describing overall results (Howthe program has helped the community recover. from the declared emergency.) 1 I certify that the Program/Service was provided in accordance to the City of Miami Miami For Everyone Program Guidelines Signature Date Type Name Title: Return to: City of Miami Office of Management and Budget 444 SW 2nd Ave., 5th Floor Miami, FL 33130 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION CORPORATE RESOLUTION WHEREAS, Martin Luther King Economic Development Corparation. a Florida Non Profit Corporation, desires to enter into a Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the not -for -profit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that AM I NA M. M c N E I L, ESQ. are/is hereby authorized and instructed to enter into the Agreement and undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on behalf of this corporation with the City of Miami upon terms and conditions contained in the proposed Agreement to which this resolution is attached. DATED this 15th day of August, 2024 VICE CHAIRWOMAN Print Name: Helen Stewart 4/1",),0 PRESIDENT Print Name: Amina M. McNeil, Esq (CORPORATE SEAL) MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT H - ANTI -HUMAN TRAFFICKING AFFIDAVIT ANTI -HUMAN TRAFFICKING AFFIDAVIT 1. The undersigned affirms, certifies, attests, and stipulates as follows: a) The entity is a non -governmental entity authorized to transact business in the State of Florida. b) The nongovernmental entity is either executing, renewing. or extending a contract (including. but not limited to, any amendments. as applicable) with the City of Miami ("City") or one of its agencies. authorities, boards. trusts. or other City entity which constitutes a governmental entity as defined in Section 287.138(1). Florida Statutes (2024). c) The nongovernmental entity is not in violation of Section 787.06. Florida Statutes c2024). titled "Human Trafficking" d) The nongovernmental entity does not use "coercion" for labor or services as defined in Section 787.06. Florida Statutes (2024). 2. Under penalties of perjury. pursuant to Section 92.525. Florida Statutes. I declare the following: a) I have read and understand the foregoing Anti -Human Trafficking Affidavit and that the facts. statements and representations provided in Section 1 are true and correct. b) I am an officer or a representative of the nongovernmental entity authorized to execute this Anti -Human Trafficking Affidavit. FURTHER AFFIANT SAYETH NAUGHT. Nongovernmental Entity: Martin Luther King Economic Development Corporation Name: Amina M. McNeil, Esq. Signature of Officer: Office Address: 6114 NW 7th Avenue Officer Title: Executive Director Miami, Florida 33127 Email Address: Info@mlkmiami.com Main Phone Number: 305-757-7652 Olivera, Rosemary From: Brito, Gabriel Sent: Tuesday, August 27, 2024 6:13 PM To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Cc: Matthews, Christina Subject: RE: Miami For Everyone Grant Agreement — Martin Luther King Economic Development Corporation — Business Center Project Attachments: District_5_-MFE_Agreement_-_MLKEDC_Business_C (1).pdf RE: Miami For Everyone Grant Agreement— Martin Luther King Economic Development Corporation — Business Center Project Hello All, Please find attached a fully executed copy of the above reference Grant Agreement from DocuSign that is to be considered an original for your records. GabrlelJ. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i