HomeMy WebLinkAbout25942AGREEMENT INFORMATION
AGREEMENT NUMBER
25942
NAME/TYPE OF AGREEMENT
ALLAPATTAH COMMUNITY ACTION, INC.
DESCRIPTION
CDBG AGREEMENT/WORK PROGRAM SENIOR
SERVICES/FILE I D : 18034/R-25-0421/MATTER I D : 25-3361
EFFECTIVE DATE
December 6, 2025
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
12/6/2025
DATE RECEIVED FROM ISSUING
DEPT.
1/28/2026
NOTE
DOCUSIGN AGREEMENT BY EMAIL
c
CITY OF M IAM I
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Housing and Community Development
DEPT. CONTACT PERSON: Monica Galo
NAME OF CONTRACTUAL PARTY/ENTITY: Allapattah Community Action, Inc.
IS THIS AGREEMENT TO BE EXPEDITED/RUSH:
TOTAL CONTRACT AMOUNT: $ 133,658.00
EXT. 1976
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICE AGREEMENT
PI GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER (PLEASE SPECIFY):
YES I NO
FUNDING INVOLVED? . YES I NO
D PUBLIC WORKS AGREEMENT
D MAINTENANCE AGREEMENT
D INTER -LOCAL AGREEMENT
D LEASE AGREEMENT
D PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (DETAILED SUMMARY/ ADD ADDITONAL PAGES IF NECESSARY):
Contract in the amount of $133,658.00 in CDBG funding to Allapattah Community Action, Inc. for the implementation of an Elderly Meals program.
For additional information, please see Resolution attached.
COMMISSION APPROVAL DATE: 10/09/2025 FILE ID:
18034 ENACTMENT No.: R-25-0421
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A
ROUTING INFORMATION
DATE
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENT DIRECTOR/
DESIGNEENovember28, 2025 114:21:49 PST
PRINT: VICT01,alattg13
SIGNATURE:
a
APPROVAL BY RISK MANAGEMENT
December 1, 2025 1 06:20:33 EST
PRINT:
SIGNATURE:
\--61A2DEEBAE4F43F..Docusignedby:
rU,�,� jh
APPROVAL BY CITY ATTORNEY
December2, 2025 118:10:26 EST
RP #25-3361
PRINT: GEORG
SIGNATURE:
SgignOW111
t,b14d�, OJLSbLA ((I
APPROVAL BY ASSISTANT CITY MANAGER
December 2, 2025 1 21:07:46 EST
PRINT: ERICA
SIGNATURE:
0Aoin ►1:ING
eZ''U" 2.44
APPROVAL BY DEPUTY CITY MANAGER
December 3, 2025 111:21:42 EST
PRINT: NATASH
SIGNATURE:
`?,-WILLIAMS
Nr 4. C" ble`4°4` W"M4M.4
APPROVAL BY CITY MANAGER
December 3, 2025 111:30:17 EST
PRINT: ART NORIE
SIGNATURE:
u'esdnsatNaby: El�J u�i
ar UNbvlt,t;y ,
APPROVAL BY CITY CLERK
December 6, 2025 1 09:39:00 EST
PRINT: TODD BIL194
SIGNATURE:
-e
by.
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THA"''= Y•Ij•
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI
DOCUMENT ROUTING FORM
DEPT. CONTACT PERSON: Monica Galo
NAME OF CONTRACTUAL PARTY/ENTITY:
CONTRACT TERM: FROM: 10/01/2025
Allapattah Community Action, Inc.
EXT. 1976
TYPE OF AGREEMENT, IF APPLICABLE:
O PUBLIC SERVICES
❑ ECONOMIC DEVELOPMENT
❑ OTHER (PLEASE SPECIFY):
TO:
09/30/2026
❑ PUBLIC FACILITIES AND IMPROVEMENTS
❑ HOUSING
SOURCE OF FUNDING, IF APPLICABLE:
0 CDBG (FEDERAL)
❑ HOME (FEDERAL)
❑ HOPWA (FEDERAL)
❑ ESG (FEDERAL)
❑ OTHER (PLEASE SPECIFY):
❑ SHIP (STATE)
❑ SOCIAL SERVICE GAP (GENERAL FUNDS)
❑ MIAMI FOREVER BOND (GENERAL FUNDS)
❑ MIAMI FOR EVERYONE (GENERAL FUNDS)
IS THIS A SUBRECIPIENT/PROJECT SPONSOR AGREEMENT? 0 YES ❑ NO
CDBG regulations at 24 CFR 570.500(c) define a subrecipient as a public or private nonprofit agency or organization or a for -profit entity authorized under
570.201(o), receiving CDBG funds from the recipient (City) to undertake eligible activities. Project sponsor is a nonprofit organization or housing agency that
works with the City to provide housing and support to people living with HIV/AIDS.
SCOPE OF SERVICES:
Allapattah Community Action, Inc. is a non -for -profit corporation providing elderly meals and related services to eligible program
participants in the City of Miami. The agency provides both congregate meals and homebound meals to more than 60 eligible
participants
NUMBER OF Pi RESIDENTS / ❑ BUSINESSES TO BE ASSISTED WITH THIS PROGRAM: 60
CITY DISTRICTS SERVED BY THIS AGREEMENT: ■❑ DI ■❑ D2 ■❑ D3 0 D4 ■❑ D5 0 COUNTYWIDE
CITY OF MIAMI, FLORIDA
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AGREEMENT
This Agreement (hereinafter the "Agreement") is entered into this 6 day of
December , 2025, between the City of Miami, a municipal corporation of the State of
Florida (hereinafter the "CITY"), & Allapattah Community Action, Inc.
a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT").
FUNDING SOURCE: Community Development Block Grant (CDBG)
CFDA # (If applicable): CDBG 14.218
AMOUNT: $ 133,658.00
TERM OF AGREEMENT: October 1, 2025 to September 30, 2026
PROJECT NUMBER:
UEI® NUMBER:
AGENCY'S ADDRESS:
MC75TTMKHZY1
2257 NW North River Drive
Miami, FL 33125
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
1
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Corporate Resolution Authorizing Execution of this Agreement
Work Program
Compensation and Budget Summary
Certification Regarding Lobbying Form
Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Crime Entity Affidavit
Insurance Requirements
Background Screening (Applicable to agencies providing child or
youth care only).
Anti -Human Trafficking Affidavit
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Act OR 24 CFR 570:
Agreement Records:
CDBG Program:
CDBG Requirements:
Department:
Federal Award:
National Objective:
Title I of the Housing and Community Development Act of 1974, as
amended.
Any and all books, records, documents, information, data, papers,
letters, materials, and computerized or electronic storage data and
media, whether written, printed, computerized, electronic or electrical,
however collected or preserved, which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of
the SUBRECIPIENT or any subcontractor in carrying out the duties and
obligations required by the terms of this Agreement, including, but not
limited to, financial books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computer drives and diskettes or
surveys.
Community Development Block Grant Program.
The requirements contained in 24 CFR 570, Rule 91 of the Florida
Administrative Code and as established by the City of Miami, Florida.
The City of Miami Department of Housing & Community
Development.
Any federal funds received by the SUBRECIPIENT from any source
during the period of time in which the SUBRECIPIENT is performing
the obligations set forth in this Agreement.
All Activities funded with CDBG funds must meet one of the CDBG
program's National Objectives: benefit low and moderate -income
persons; aid in the prevention of slums or blight; or meet community
development needs having a particular urgency, as defined in 24 CFR
570.208.
2
Low -and -Moderate
Income Person:
A member of a low- or moderate -income household whose
income is within specific income levels set forth by U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and Urban Development.
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the CITY and must be on file with the Department
prior to the CITY's execution of this Agreement:
2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become
attached hereto as Exhibit "B" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities to be carried out by the
SUBRECIPIENT. It should specifically describe the activities to be carried out as
a result of the expenditure of CDBG Funds. Where appropriate it should list
measurable objectives, define the who, what, where and when of the project, and in
general detail how these activities will ensure that the intended beneficiaries will
be served.
2.1.2 The schedule of activities and measurable objectives play an essential role in the
grant management system. The schedule should provide projected milestones and
deadlines for the accomplishment of tasks in carrying out the Work Program. These
projected milestones and deadlines are a basis for measuring actual progress during
the term of this Agreement. These items shall be in sufficient detail to provide a
sound basis for the CITY to effectively monitor performance by the
SUBRECIPIENT under this Agreement.
2.1.3 Should start-up time for the Work Program be required or in the event of the
occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall
immediately notify the Department in writing, giving all pertinent details and
indicating when the Work Program shall begin and/or continue. It is understood
and agreed that the SUBRECIPIENT shall maintain the level of activities and
expenditures in existence prior to the execution of this Agreement. Any activities
funded through or as a result of this Agreement shall not result in the displacement
of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in
connection with work which would have been performed in the absence of this
Agreement.
2.2 The Budget Summary attached hereto as Exhibit "C", including the SUBRECIPIENT's
Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of
all subcontracts.
3
2.3 A list of the SUBRECIPIENT's present officers and members of the Board (names,
addresses, and telephone numbers.)
2.4 A list of key staff persons (with their titles) who will carry out the Work Program.
2.5 Completion of an Authorized Representative Statement.
2.6 Completion of a Statement of Accounting System.
2.7 A copy of the SUBRECIPIENT's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Copy of the SUBRECIPIENT's last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 ADA Certification.
2.12 Drug Free Certification.
2.13 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on
behalf of the CITY in the fiscal control, programmatic monitoring and modification of this
Agreement, except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
The Effective date of this agreement is October 1, 2025 to September 30, 2026
3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT shall carry out the services
and activities as prescribed in its Work Program, which is attached and incorporated herein and
made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in
accordance with the written policies, procedures, and requirements as prescribed in this
Agreement, and as set forth by HUD and the CITY.
3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current
Federal regulations as may be amended. The SUBRECIPIENT is aware of and accepts the Policies
and Procedures Manual for Community Development Block Grant as the official document which
outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day
operations of the SUBRECIPIENT. The Policies and Procedures Manual for Community
Development Block Grant is incorporated herein and made part of this Agreement. The City of
Miami reserves the right to update this Policies and Procedures Manual via Program
Directives. These Program Directives and updated versions of this Policies and Procedures
Manual shall be incorporated and made a part of this Agreement.
4
3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the
event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall
immediately notify the Department in writing, giving all pertinent details and indicating when the
Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT
shall maintain the level of activities and expenditures in existence prior to the execution of this
Agreement. Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in connection with work
which would have been performed in the absence of this Agreement.
ARTICLE IV
FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION. The amount of compensation payable by the CITY to the
SUBRECIPIENT shall be pursuant to the rates, schedules and conditions described in Exhibit "C"
attached hereto and incorporated into this Agreement.
4.2 INSURANCE. At all times during the term hereof, the SUBRECIPIENT shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions described in Exhibit "G" attached hereto
and incorporated into this Agreement.
4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of
the SUBRECIPIENT at any time during the performance of this Agreement and for a period of
five (5) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial
and other applicable records and documentation of services to the CITY. Any payment made shall
be subject to reduction for amounts included in the related invoice which are found by the CITY,
on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary
expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for
overpayments on previously submitted invoices.
4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event
that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept
conditions imposed by the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the
availability of funds and continued authorization for CDBG Program activities and is also subject
to amendment or termination due to lack of funds or authorization, reduction of funds, and/or
changes in regulations.
ARTICLE V
AUDIT REQUIREMENTS
5
5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements:
5.1.1 If the SUBRECIPIENT expends $750,000 or more in federal funds during its fiscal
year, it shall have a Single or a Program -Specific Audit conducted for that year.
Such Audit must be conducted in accordance with General Accepted Government
Auditing Standards (GAGAS.)
a) Single Audit. A single audit must be conducted in accordance with 2 CFR
200.514 "Scope of Audit", except when the SUBRECIPIENT elects to have a
Program -Specific Audit conducted in accordance with paragraph b) of this
section.
b) Program -Specific Audit. When a SUBRECIPIENT expends federal awards
under only one federal program and the federal program's statutes, regulations,
or the terms and conditions of the federal award do not require a financial
statement audit of the SUBRECIPIENT, the SUBRECIPIENT may elect to
have a Program -Specific Audit conducted in accordance with 2 CFR 200.507
"Program -Specific Audits".
The auditor must:
(i) Perform an audit of the financial statement(s) for the Federal program
in accordance to GAGAS;
(ii) Obtain an understanding of internal controls and perform tests of
internal controls over the Federal program consistent with the
requirements of 2 CFR 200.514(c) to ensure compliance with
procedures;
(iii) Perform procedures to determine whether the SUBRECIPIENT has
complied with Federal statutes, regulations, and the terms and
conditions of Federal awards that could have a direct and material effect
on the Federal program consistent with the requirements of 2 CFR
200.514(d).
(iv) Follow up on prior audit findings, perform procedures to assess the
reasonableness of the summary schedule of prior audit findings
prepared by the SUBRECIPIENT in accordance with the requirements
of 2 CFR 200.511 "Audit findings follow-up", and report, as a current
year audit finding, when the auditor concludes that the summary
schedule of prior audit findings materially misrepresents the status of
any prior audit finding; and
(v) Report any audit findings consistent with the requirements of 2 CFR
200.516 "Audit findings".
The auditor's report(s) must state that the audit was conducted in accordance
with this 2 CFR 200.507 "Program -Specific Audits" and include the following:
(i)
An opinion (or disclaimer of opinion) as to whether the financial
statement(s) of the Federal program is presented fairly in all material
respects in accordance with the stated accounting policies.
6
(ii) A report on internal control related to the Federal program, which must
describe the scope of testing internal control and the results of the tests.
(iii) A report on compliance which includes an opinion (or disclaimer of
opinion) as to whether the SUBRECIPIENT complied with laws,
regulations, and the terms and conditions of Federal awards which could
have a direct and material effect on the Federal program; and
(iv) A schedule of findings and questioned costs for the Federal program
that includes a summary of the auditor's results relative to the Federal
program in a format consistent with 2 CFR 200.515 "Audit reporting",
paragraph (d)(1) and findings and questioned costs consistent with the
requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3).
5.1.2 If the SUBRECIPIENT expends less than $750,000 in federal funds during its fiscal
year, it is exempted from federal audit requirements for that year and consequently
the audit cost is not a reimbursable expense. The CITY, however, may request the
SUBRECIPIENT to have a limited scope audit for monitoring purposes. These
limited scope audits will be paid for and arranged by the CITY and address only
one or more of the following types of compliance requirements: activities allowed
or unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and reporting.
All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit finding represents an isolated instance or a systemic
problem. Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),
the amount of CDBG Funds budgeted, obligated and expended for the activity, and
the specific provision in 24 CFR Subpart C of the CDBG Program regulations under
which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of CDBG Program regulations. Where information on
income by family size is required, the SUBRECIPIENT may substitute evidence
establishing that the person assisted qualified under another program having
income qualification criteria at least as restrictive as that used in the definitions of
7
"low- and moderate -income person" and "low- and moderate -income household"
as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a
verifiable certification from the assisted person that his or her family income does
not exceed the applicable income limit established in accordance with 24 CFR
570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a
referral from any governmental agency that determines persons to be "low- and
moderate -income persons" based upon HUD's criteria and agrees to maintain
documentation supporting those determinations. Such records shall include the
following information:
(i) For each activity determined to benefit low- and moderate -income persons,
the income limits applied and the point in time when the benefit was
determined.
(ii) For each activity which benefits are available to all residents in a particular
area, at least 51 percent of those residents must be low -and -moderate
income persons. Such area needs not be coterminous with census tracts or
other officially recognized boundaries but must be the entire area served by
the activity. An activity that serves an area that is not primarily residential
in character shall not qualify under this criterion.
(iii) For each activity determined to benefit low- and moderate -income persons
because the activity involves a facility or service designed for use by a
limited clientele consisting exclusively or predominantly of low -and
moderate -income persons:
a) Documentation establishing that the facility or service is designed
for and used by senior citizens, disabled persons, battered spouses,
abused children, the homeless, illiterate persons, or migrant farm
workers for which the regulations provide presumptive benefit to
low- and moderate -income persons; or
b) Documentation describing how the nature and, if applicable, the
location of the facility or service establishes that it is used
predominantly by low- and moderate -income persons; or
c) Data showing the size and annual income of the family of each
person receiving the benefit.
6.1.3 Equal Opportunity Records containing:
(i)
Data on the extent to which each racial and ethnic group and single -headed
households (by gender of household head) have applied for, participated in,
or benefited from, any program or activity funded in whole or in part with
CDBG Funds. Such information shall be used only as a basis for further
investigation relating to compliance with any requirement to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
(ii) Documentation of actions undertaken to meet the requirements of 24 CFR
570.607(b) which implements Section 3 of the Housing and Urban
8
Development Act of 1968, as amended (12 U.S.C. 1701U), relative to the
hiring and training of low- and moderate -income persons and the use of
local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR
570.502.
6.1.5 Records required to be maintained in accordance with other applicable laws and
regulations set forth in 24 CFR 570 Subpart K.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS:
6.2.1 The Department shall have the authority to review the SUBRECIPIENT's records,
including Project and programmatic records and books of account, for a period of
five (5) years from the expiration/termination of this Agreement (the "Retention
Period"). All books of account and supporting documentation shall be kept by the
SUBRECIPIENT at least until the expiration of the Retention Period.
The SUBRECIPIENT shall maintain records sufficient to meet the requirements of
24 CFR 570.506. All records and reports required herein shall be retained and made
accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time,
pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement
Records shall be at all times subject to and available for full access and review,
inspection and audit by the CITY, federal personnel and any other personnel duly
authorized by the CITY.
6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts
used to engage subcontractors to carry out any eligible substantive project or
programmatic activities, as described in this Agreement and defined by the
Department, each of the record -keeping and audit requirements detailed in this
Agreement. The Department shall, in its sole discretion, determine when services
are eligible substantive project and/or programmatic activities and subject to the
audit and record -keeping requirements described in this Agreement.
6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of the
activities pursuant to the project, the activities and/or the Work Program or under
the terms of this Agreement, the Retention Period shall be extended until such time
as the threatened or pending litigation, claim or audit is, in the sole and absolute
discretion of the Department fully, completely and finally resolved.
6.2.4 The SUBRECIPIENT shall notify the Department in writing, both during the term
of this Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained.
6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department for
the disposal of any Agreement Records within one year after the expiration of the
Retention Period.
9
6.3 PROVISION OF RECORDS:
6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide
all Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use the Work Program for public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the SUBRECIPIENT shall provide a copy
of each such report and any follow-up communications and reports to the
Department immediately upon such issuance, unless such disclosure would be
prohibited by any such issuing agency.
6.4 MONITORING. The SUBRECIPIENT shall permit the Department and other persons duly
authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of
the SUBRECIPIENT 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 SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the
SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited
by the Department within the specified period of time set forth in the report or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT's justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of
the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's
activities. The CITY will carry out monitoring and evaluation activities, including visits and
observations by CITY staff. The SUBRECIPIENT shall ensure the cooperation of its employees
and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information,
either received by the CITY or obtained through monitoring and evaluation by the CITY, shall
constitute cause for the CITY to terminate this Agreement.
6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to,
a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping
Board of Directors and an organization for which the SUBRECIPIENT is responsible for
appointing memberships. Upon forming the relationship or if already formed, before of at the time
of execution of this Agreement, the SUBRECIPIENT shall report such relationship to the
Department. Any supplemental information shall be promptly reported to the Department. The
10
SUBRECIPIENT shall report to the Department the name, purpose for and any and all other
relevant information in connection with any related -party transaction.
6.6 PROGRESS REPORTS. The SUBRECIPIENT shall submit to the CITY, on a quarterly
basis, a Work Program Status Report.
ARTICLE VII
OTHER CDBG PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG
eligible in accordance with 24 CFR 570.201(e).
7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively
demonstrates that each activity assisted, in whole or in part, with CDBG Funds is an activity which
provides benefit to low- and moderate -income persons.
7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR 570 and shall
carry out each activity in compliance with all applicable federal laws and regulations described
therein.
7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate area committees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers or the Department.
7.5 The SUBRECIPIENT shall, to the greatest extent possible, give low -and -moderate -income
residents of the service areas opportunities for training and employment.
7.6 NON-DISCRIMINATION. The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin, sex, religion, age, marital or family status or handicap in connection
with the activities and/or the Work Program or its performance under this Agreement.
Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by
reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be
excluded from the participation in, be denied benefits of, or be subjected to discrimination under
any program or activity receiving federal financial assistance.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws
and regulations, including those described in 24 CFR 570 Subpart K, ("Other Program
Requirements") of the CDBG Program regulations.
7.8 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the
Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and
regulations.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD
Form 4010 incorporated herein as part of this Agreement.
7.10 BUILD AMERICA, BUY AMERICA (BABA) REQUIREMENTS. The SUBRECIPIENT
must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC
11
8301 note, and all applicable rules and notices, as may be amended, if applicable to the
SUBRECIPIENT'S infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased
Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as
Applied to Recipients of HUD Federal Financial Assistance" (88 FR17001), any funds obligated
by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless
excepted by a waiver.
7.11 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall comply
with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post
Federal Award Requirements" and Subpart E—"Cost Principles."
7.12 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
and limitations of 24 CFR 570.200(j).
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, as a general rule, CDBG assistance may not be used for
religious activities as provided in 24 CFR 570.200(j). The SUBRECIPIENT shall comply with
those requirements and prohibitions when entering into subcontracts.
7.13 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the
SUBRECIPIENT must transfer to the CITY any unused CDBG Funds at the time of
expiration/termination and any accounts receivable attributable to the use of CDBG Funds.
7.14 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains
uncured thirty (30) days after the SUBRECIPIENT's receipt of notice from the CITY (by certified
or registered mail) of such violation may, at the option of the CITY, be addressed by an action for
damages or equitable relief, or any other remedy provided at law or in equity. In addition to the
remedies of the CITY set forth herein, if the SUBRECIPIENT fails to comply with the terms of
this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR
85.43, as set forth more fully below in Article IX of this Agreement.
7.15 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for
initiating the review process under Executive Order 12372.
7.16 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited.
7.17 The SUBRECIPIENT shall not use the Federal Award funds to promote "gender ideology,"
as defined in Executive Order 14168.
7.18 The SUBRECIPIENT shall not use the Federal Award funds to fund or promote elective
abortions, as required by Executive Order 14182.
7.19 The SUBRECIPIENT must administer its Federal Award funds in accordance with all
applicable immigration restrictions and requirements, including the eligibility and verification
12
requirements that apply under title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended (8 U.S.C. 1601-1646).
ARTICLE VIII
PROGRAM INCOME
2 CFR 200.307
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an activity
that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the
percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be
used only to undertake those activities specifically approved by the CITY on and for the Work
Program. All provisions of this Agreement shall apply to such activities. Any program income
on hand when this Agreement expires/terminates or received after such expiration/termination
shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY, if applicable, a Program Income Report on a
quarterly basis. The Program Income Report shall identify CDBG activities in which income was
derived and how income has been utilized.
8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall
be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT
that do not meet the eligibility requirements, as applicable, must be repaid to the CITY.
ARTICLE IX
REMEDIES, SUSPENSIONS TERMINATION
2 CFR 200.338 and 200.339
9.1 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 SUBRECIPIENT, 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
SUBRECIPIENT an amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made
in accordance with this Agreement to the SUBRECIPIENT shall be made only if the
SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is
in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum
whatsoever.
13
If the SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may take one
or more of the following courses of action:
9.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT, or such more severe enforcement action as the CITY
determines is necessary or appropriate.
9.1.2 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.
9.1.3 Wholly or partially suspend or terminate the current CDBG Funds awarded to the
SUBRECIPIENT.
9.1.4 Withhold further CDBG grants and/or loans for the SUBRECIPIENT.
9.1.5 Take all such other remedies that may be legally available.
Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply
with any term of this Agreement, the SUBRECIPIENT, at the sole discretion of the City, shall pay
to the City an amount equal to the current market value of any real property, under the
SUBRECIPIENT's control, acquired or improved in whole or in part with CDBG Funds (including
CDBG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion
of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement
to, the property. The payment is program income to the City.
9.2 SUSPENSION.
9.2.1 The Department may, for reasonable cause, temporarily suspend the
SUBRECIPIENT's operations and authority to obligate funds under this
Agreement or withhold payments to the SUBRECIPIENT pending necessary
corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be
determined by the Department in its sole and absolute discretion, and may include:
(i) Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to comply with any term or provision of
this Agreement;
(iii) Failure by the SUBRECIPIENT to submit any documents required by this
Agreement; or
(iv) The SUBRECIPIENT's submittal of incorrect or incomplete documents.
9.2.2 The Department may at any time suspend the SUBRECIPIENT's authority to
obligate funds, withhold payments, or both.
9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or
any part of the activities funded by this Agreement.
9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken
pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for such
14
action, any conditions relating to the action taken, and the necessary corrective
action(s).
9.3 TERMINATION.
9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive
funds to finance this Agreement from its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24)
hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered
by certified mail, return receipt requested, or by in person delivery with proof of
delivery. In the event that the CITY's funding source reduces the CITY's
entitlement under the CDBG Program, the CITY shall determine, in its sole and
absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to
this Agreement.
9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole
or in part, in the event the Department determines, in its sole and absolute
discretion, that the SUBRECIPIENT is not compliant with any term or provision
of this Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or
obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY,
direct or contingent, whether now or hereafter due, existing, created or arising.
9.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the
Department may, by written notice to the SUBRECIPIENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in person
delivery with proof of delivery. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any other breach and shall not be
construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department's
right to legal or equitable remedies.
ARTICLE X
MISCELLANEOUS PROVISIONS
10.1 INDEMNIFICATION The SUBRECIPIENT shall indemnify, hold harmless, and defend
the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses,
judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused
by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
SUBRECIPIENT and persons employed or utilized by SUBRECIPIENT in the performance of
this Contract. SUBRECIPIENT shall, further, hold the City, its officials and/or employees,
15
harmless for, and defend the City, its officials and/or employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work,
even if it is alleged that the City, its officials and/or employees were negligent. These
indemnifications shall survive the term of this Contract. In the event that any action or
proceeding is brought against the City by reason of any such claim or demand, the
SUBRECIPIENT shall, upon written notice from the City, resist and defend such action or
proceeding by counsel satisfactory to the City. The SUBRECIPIENT expressly understands and
agrees that any insurance protection required by this Agreement or otherwise provided by the
SUBRECIPIENT shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate the SUBRECIPIENT to defend, at its own
expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such
defense, at the City's option, any and all claims of liability and all suits and actions of every name
and description which may be brought against the City whether performed by the
SUBRECIPIENT, or persons employed or utilized by SUBRECIPIENT.
This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as
applicable.
The SUBRECIPIENT shall require all Sub -contractor agreements, if applicable, to include a
provision that they will indemnify the City.
The SUBRECIPIENT agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any actions or omissions of the SUBRECIPIENT in which
the City participated either through review or concurrence of the SUBRECIPIENT's actions. In
reviewing, approving or rejecting any submissions by the SUBRECIPIENT or other acts of the
SUBRECIPIENT, the City in no way assumes or shares any responsibility or liability of the
SUBRECIPIENT or SUBRECIPIENT under this Agreements.
10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT
under this Agreement shall be delivered to the CITY upon completion of the activities required
pursuant to this Agreement and shall become the property of the CITY, without restriction or
limitation on their use, if requested by the City. The SUBRECIPIENT agrees that all documents
maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
It is further understood by and between the parties that any document, which is given by the CITY
to the SUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the
CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the
prior written consent of the CITY.
10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that it has not employed or
retained any person employed by the CITY to solicit or secure this Agreement and that it has not
16
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT 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 granted or withheld in the CITY's sole
discretion.
10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
10.7 CONFLICT OF INTEREST.
10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with CDBG Program
funded activities has any personal financial interest, direct or indirect, in this
Agreement. The SUBRECIPIENT further covenants that, in the performance of
this Agreement, no person having such a conflicting interest shall be employed.
Any such interest on the part of the SUBRECIPIENT or its employees must be
disclosed in writing to the CITY.
10.7.2 The SUBRECIPIENT is aware of the conflict -of -interest laws of the City of Miami
(City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County
Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24
CFR 570.611 and agrees that it shall comply in all respects with the terms of the
same.
10.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained
within 24 CFR 570.611
10.8 PROCUREMENT. The SUBRECIPIENT shall comply with the standards contained
within 2 CFR 200 Subpart D, "Post Federal Award Requirements."
10.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this
Agreement.
10.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only
agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and
obligations of each of the parties hereto 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.
10.11 GENERAL CONDITIONS:
17
10.11.1 All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by in person delivery or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time, upon notice in writing. Such notice
shall be deemed given on the day on which personally served, or, if by mail, on
the fifth day after being posted or the date of actual receipt, whichever is earlier.
CITY OF MIAMI
Victor Turner, Director
Department of Housing & Community Development
444 S.W. 2nd Avenue
Miami, FL 33130-1910
SUBRECIPIENT
Allapattah Community Action, Inc.
2257 NW North River Drive
Miami, FL 33125
10.11.2 Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
10.11.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
10.11.4 No waiver of 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.
10.11.5 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed severed,
and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
10.12 INDEPENDENT CONTRACTOR. The SUBRECIPIENT and its employees and agents
shall be deemed to be independent contractors and not agents or employees of the CITY, and shall
not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any
18
rights generally afforded classified or unclassified employees; further, they shall not be deemed
entitled to the Florida Worker's Compensation benefits as employees of the CITY.
10.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
10.14 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT 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 SUBRECIPIENT'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 SUBRECIPIENT to act in
connection with this Agreement and to provide such information as may be required.
10.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor,
heir or personal representative of the SUBRECIPIENT, 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 SUBRECIPIENT, 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.
10.16 CLOSE OUT. When the City determines that all required work under the Agreement has
been completed or upon the expiration or termination of the SUBRECIPIENT Agreement, the
CITY shall require the SUBRECIPIENT to provide final versions of all financial, performance,
and other reports. These reports may include, but are not limited to:
• A final performance or progress report.
• A financial status report (including all program income).
• A final request for payment.
• A final inventory of property in the SUBRECIPIENT's possession that was acquired or
improved with CDBG funds.
10.17 ANTI -HUMAN TRAFFICKING. The SUBRECIPIENT 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 SUBRECIPIENT 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
SUBRECIPIENT fails to comply with the terms of this Section, the CITY may suspend or
terminate this Agreement immediately, without prior notice, and in no event shall the CITY be
liable to SUBRECIPIENT for any additional compensation or for any consequential or incidental
damages.
19
10.18 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
executed in any number of counterparts, each of which so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose
name is contained herein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement upon request.
20
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective
officials thereunto duly authorized on the date above written.
AUTHORIZED REPRESENTATIVE:
ame: Armando Pomar
Title: President of the Board
SUBRECIPIENT
Allapattah Community Action, Inc.
2257 NW North River Drive
Miami, FL 33125
a Florida not -for -profit corporation
ate:10/24/2025
CITY OF MIAMI, a municipal
Corporation of the State of Florida
EDocuSigned by:
L
artLAY Nb
85nCr6r'372nDA2A. 4DCF1450...
Arthur Noriega V. Date: Todd Hannon Date:
City ManagerDecember 3, 2025 1 11:30:17 EST City Clerk December 6, 2025 1 09:39:00 EST
ATTEST:
ame: osa T . Munoz
Title: Director
Corporate Seal:
ATTEST:
DocuSigned by:
Date:
10/24/2025
Signed by:
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS
DocuSigned by:
rttivti &twat,
:G34713435r254D0...
David Ruiz December 1, 2025 aatt ::0:33 EST
Risk Management
21
CORRECTNESS:
,-DocuSigned by
Gt,orr,t Risou flf
"-88776E9FE88248B...
George K. Wysong III Date:
City Attorney December 2, 2025 118:10:26 EST
RP #25-3361
City of Miami
Resolution R-25-0421
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 18034
Final Action Date: 10/9/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2025-2026, IN THE
AMOUNT OF $753,942.45 IN THE PUBLIC SERVICE CATEGORY, AND THE
AMOUNT OF $7,258.16 FROM PREVIOUS YEAR'S CDBG UNALLOCATED
PROGRAM INCOME, FOR A TOTAL AMOUNT OF $761,200.61, TO THE
AGENCIES AND/OR DEPARTMENTS, SPECIFIED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL
FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH
FUND, FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. R-25-0287, adopted July 24, 2025, the Miami
City Commission approved the allocation of Community Development Block Grant ("CDBG")
funds for Fiscal Year ("FY") 2025-2026, in the total amount of $5,026,283.00, which included an
amount of $753,942.45 in the Public Service program category; and
WHEREAS, there is an unexpended amount of $7,258.16 from the previous year's
CDBG program income earmarked for Public Services that needs to be allocated; and
WHEREAS, these funds need to be allocated to the agencies and/or departments,
specified in Exhibit "A," attached and incorporated, for public service activities beginning
October 1, 2025; and
WHEREAS, the City's Administration recommends the allocation of CDBG funds in the
Public Service category, in the amount of $753,942.45, and the amount of $7,258.16 from the
previous year's CDBG program income, for a total amount of $761,200.61 to the agencies
and/or departments, specified in Exhibit "A," attached and incorporated, for public service
activities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this section.
Section 2. The allocation of CDBG funds in the Public Service category, in the amount of
$753,942.45, and the amount of $7,258.16 from the previous year's CDBG unallocated program
City of Miami Page 1 of 2 File ID: 18034 (Revision:) Printed On: 10/14/2025
File ID: 18034 Enactment Number: R-25-0421
income, for a total amount of $761,200.61 to the agencies and/or departments, specified in
Exhibit "A", attached and incorporated, for public service activities; is authorized.'
Section 3. The City Manager is authorized' to negotiate and execute any and all
necessary documents, including amendments, extensions, and modifications, all in forms
acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use
of such funds for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
. Wy ng III, C y ttor y 9/29/2025
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.
City of Miami Page 2 of 2 File ID: 18034 (Revision:) Printed on: 10/14/2025
City of Miami
Department of Housing and Community Development
Exhibit "A"
Agency/Department
Description of Services
CDBG Public Service Funding
Elderly Meals
$133,658.00
Allapattah Community Action, Inc.
Centro Mater Child Care Services, Inc.
Child Care Services
$150,868.00
Miami Police Athletic League
Youth Services
$30,000.00
St. Alban's Day Nursery, Inc.
Child Care Services
$21,500.00
Sunshine for All, Inc.
Elderly Meals
$163,658.00
The Start Program, Inc.
Youth Services
$31,500.00
The Sundari Foundation, Inc.
Homeless Services for Woman
$28,150.00
Thelma Gibson Health Initiative, Inc.
Elderly Service and Services for the
Disabled
$38,970.00
Department of Housing and Community Development
To be allocated
$162,896.61
Total CDBG Public Service Allocation:
$761,200.61
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of Allapattah Community Action, Inc.
has examined terms, conditions and obligations of the proposed agreement with the City
of Miami for Community Development Funds WHEREAS, the Board of directors at a
duly held corporate meeting have considered that matter in accordance with the by-laws
of the corporation ; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF
DIRECTORS of Allapattah Community Action, Inc. that the president and/or secretary
are hereby authorized and instructed to enter into agreement in the name of , and on
behalf of this corporation, with the City of Miami in the amount of 133,658.00 for
elderly services for fiscal year of 2025-2026, in accordance with the agreement
documents furnished by the City of Miami, and for the price and upon terms and
payments contained in the proposed agreement submitted by the City of Miami.
IN WITNESS WHEREOF, this day of October 24, 2025
Armando Pomar
President, Board of Directors
SEAL
EXHIBIT B
WORK PROGRAM
SENIOR SERVICES
National Objective:
1. SUBRECIPIENT understands that the National Objective for this activity is assistance
to low to moderate income persons by serving a limited clientele as defined in 24 CFR
570.208(a)(2) and that the HUD matrix code associated with this activity is 05A (Senior
Services).
Scope of Services:
1. SUBRECIPIENT will provide Elderly Meals and related services to eligible program
participants from October 1, 2025 to September 30, 2026 with funding from the 2025-
2026 CDBG Program Year.
2. SUBRECIPIENT will provide 4,428 Congregate Meals and/or 11,223 Homebound Meals
a. Congregate Meals Program: Provide a nutritionally balanced meal, Monday
through Friday, to 18 eligible participants, at the following location(s):
Address: Allapattah Community Action, Inc.
2257 N.W. North River Dr.
Miami, FL 33125
b. Homebound Meals Program: Ensure delivery of a nutritionally balanced hot meal,
Monday through Friday, to 43 eligible participants at their home address.
Other tasks to be performed by the SUBRECIPIENT in connection with the provision of meals
and related services include, but are not limited to, the following:
3. Perform eligibility determination:
A. Only elderly individuals meeting the following criteria will be considered eligible
program participants:
a. Must be a resident of the City of Miami
b. Must be a member of a low -to moderate income household
c. Must be at least 62 years of age
B. SUBRECIPIENT must keep in file proof of the information listed below
demonstrating that each program participant is eligible to receive program benefits:
a. Proof of living in the City of Miami
b. Proof of income
c. Proof of age
This inforniation must match the information listed by the SUBRECIPIENT in the
participant Program Application form must also be kept in the participant's file.
SUBRECIPIENT may replace program participants who stop receiving program
benefits by providing the information required in items 3.a and b for the new
participant.
4. At all times, maintain facilities in conformance with all applicable codes, licensing, and
other requirements for the operation of an elderly center and/or provision of meals. The
facilities must be handicapped accessible.
5. Procure meals in a manner that provides, to the maximum extent, practical, open and
free competition and in compliance with 24 CFR 84.40-48.
6. As part of the congregate meal program, provide a range of structured social and
cultural activities.
7. As part of the homebound meal program, ensure that meals are delivered in a timely
manner.
8. Maintain program and financial records documenting the eligibility, attendance,
provision of services, and SUBRECIPIENT expenses relative to the elderly individuals
receiving meals services as a result of the assistance provided through the CDBG
program.
9. SUBRECIPIENT will provide the following program reports to the City:
a. A monthly report for the services provided to eligible participants in a form
provided by the CITY. This report must include the date range when services were
provided, the name of the client(s), the last five digits of the client's social security
number and the number of days served. This form must be signed by the Program
Manager and Executive Director.
b. A final Close -Out (financial report) and inventory report.
c. A final performance report.
SIGNED:
Name: Armando Pomar
President of the Board
STATE OF FLORIDA
COUNTY OF Dade
The foregoing instrument was acknowledged before me by means of 121 physical presence or 0
online notarization, this 24th day of October , 2025 by Armando Pomar
(Title) of President of the Board , a Florida not -for -profit corporation, on behalf of the
corporation. He/she is personally known to me or has produced
as identification.
NOTARY PUBLIC:
ature)
My commission expires �� \ `k l 14-1
Carolyn Livingston
(Print Name)
SEAL
CAROLYN LIVINGSTON
f r:': Notary Public - State of Florida
j of lAi Commission a HH 409207
,or ' My Comm. Expires Jun 11, 2027
Bonded through National Notary Assn.
EXHIBIT C
COMPENSATION AND BUDGET
A. The maximum compensation under this Agreement shall be $ 133,658.00
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Staff Salaries Schedule are attached
hereto and made part of this Agreement.
C. 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.
D. Each written request for payment shall contain a statement declaring and affirming that
services described in Exhibit B Scope of Services were provided to certified program
participants and in accordance with the approved Work Program and Program Budget. All
documentation in support of each request shall be subject to review and approval by the CITY
at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check or
other form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other CITY
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous categories
shall be accepted as a line -item budget.
F. The SUBRECIPIENT must submit the final request for payment to the CITY within ten (10)
calendar days following the termination date of this Agreement. If the SUBRECIPIENT fails
to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and
the CITY shall not honor any request submitted thereafter.
G. Any payment due under this Agreement may be withheld pending the receipt and approval by
the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any
modifications thereto.
H. During the term hereof and for a period of five (5) 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 SUBRECIPIENT pertaining to any payments by the CITY.
ame: Armando Pomar
Title: President of the Board
10/24/2025
Date
BUDGET FORM I
CITY OF MIAMI
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
BUDGET NARRATIVE BY LINE ITEM
AGENCY:
PERIOD
FUNDING SOURCE
Allapattah Community Action, Inc.
October 1, 2025 - September 30, 2026
CDBG
ITEM
DESCRIPTION
AMOUNT
Payroll
Miriam Una, Executive Director
$34,940.64
Payroll
Patricia Miro-Turves, Program Director
$21,501.36
Payroll
Enrique Serrano, Activities Coordinator
$17,350.80
Payroll
Angel Arias, Computer Operator
$28,597.89
Payroll
Keyla Garcia , Meals Coordinator
$3,625.20
Payroll
Heriberto Mederos, Driver
$8,675.04
Payroll
VACANT (Fiscal Assistant)
$5,585.89
Payroll
Gennesis Gonzalez , Asst Meals. Coord
$3,882.96
Payroll
Staff FICA/MICA
$9,498.22
Direct Cost
Worker's Comp
$0
Unemployment
Unemployment
$ 0
Group Health Insurance
Group Health Insurance
$0
Professional Services
Professional Services
$0
Audit Cost
Audit Cost
$0
General Liability Insurance
General Liability Insurance
$0
Auto Liability Insurance
Auto Liability Insurance
$0
Bonding
Bonding
$0
Telephone
Telephone
$0
Bldg. Maintenance
Bldg. Maintenance
$0
Maintenance Vehicle
Maintenance Vehicle
$0
Gasoline
Gasoline
$0
Equipment Rental
Equipment Rental
$0
Space Rental
Space Rental
$0
Postage
Postage
$0
Printing Outside
Printing Outside
$0
Local Travel / Activities
Local Travel / Activities
$0
Food
Food
$0
office supplies/office equip/furnitur
office supplies/office equip/furniture
$0
Kitchen Supplies
Kitchen Supplies
$0
Supportive Services (Meals)
Supportive Services (Meals)
$0
Software
Software
$0
Bank Fees
Bank Fees
$0
TOTAL
$133,658.00
CITY OF MIAMI
HOUSING AND COMMUNITY DEVELOPMENT
SALARY FORECAST FORM
CDBG
AGENCY: Allapattah Community Action, Inc.
FISCAL YEAR: 2025-2026
Employee Name
Position Title
Pt/Ft
Budgeted
Pay Periods
Annual
Gross Salary
Total Salary
per pay period
Percent of
salary
charged to City
Total Amount
charged to
City
Miriam Urra
Executive Director
FT
24
$127,446.03
$1,455.86
27.42%
$ 34,940.64
Patricia Miro-Turnes
Program Director
FT
24
$99,812.33
$895.59
21.54%
$ 21,501.36
Enrique Serrano
Activities
Coordinator
FT
24
$50,251.59
$722.95
34.53%
$ 17,350.80
Angel Arias
Computer Operator
FT
24
$65,320.26
$1,191.58
43.78%
$ 28,597.89
Keyla Garcia
Meal Coordinator
FT
24
$39,585.18
$151.05
9.16%
$ 3,625.20
VACANT
Fiscal Assistant
FT
24
$39,514.52
$232.75
14.14%
$ 5,585.89
Gennesis Gonzalez
Meal Coordinator
Assistant
FT
24
$38,551.68
$161.79
10.07%
$ 3,882.96
Heriberto Mederos
Driver
FT
24
$36,551.76
$361.46
23.73%
$ 8,675.04
*Salary Forecast is an approximate amount that will be billed to the City. Any changes in monetary value will be have to be approved with a
budget modification.
CITY OF MIAMI
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
COST ALLOCATION
AGENCY: Aliapattah Community Action, Inc.
FUNDING PERIOD: October 1, 2025 - September 30, 2026
FUNDING SOURCE: CDBG
LINE ITEM DESCRIPTION
Staff Salaries
Staff M1CAIFICA
Workers' Comp.
unemployment
Group Health
Professional Services
Audit Cost
Spa. Surs. Licenses & Permits
General Liability ins.
Auto Liatillity Ins.
Bonding
Other Insurance
Telephone
Electricity
Water and Sewer
Equipment Repair
Equipment Maintenance
Bldg. Maintenance
Maintenance Vehicle
Gasoline
Equipment Rental (copier, phones] ,
Space Rental
Postage
Printing, Outside
Nutrition Consultant
Adverfising
Local TravelfActivities
Food & Catering
Travel, Out of Town
Supplies, Copier
Supplies, Office
Supplies, Training
Supplies, Maintenace
Kitchen Supplies
Supplies, Computer/software
Supportive Services (meals,e(o)
Capital Outlay Equipment
Office Furniture e$500
Software
Bank Fees
19.00
19.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
mon
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0,00
0.00
0,00
0.00
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8,89%
CDEG
124,159.78
9,496.22
133,658.00
14.52
14.52
42.61
1.69
37.03
4.90
100.00
0.00
25.77
0.00
0.00
0.00
17.89
0.00
0.00
0.00
0.00
50.83
55.57
22.22
48.12
100.00
46.54
100.00
0.00
0.00
42.95
0.98
0.00
0.00
58.49
0.00
0.00
12.08
46.41
0.00
0.00
0.00
0.00
100.00
17.18 %
SSG
94.896.39
7,259,57
2,929,28
26.80
54,577,60
668,81
10,000.00
17,031,19
3,703.27
19,896.28
8,797.96
5,573.71
4,451.54
630.55
522.32
176,93,
5,270,54
3,524.33
13,708.69
755.81
3.408.43
200.00
258,210.00
7.45
7.45
0.00
0.00
15.51
0.00
0.00
0.00
38.85
0.00
0.00
0.00
40.76
0.00
0.00
0.00
0.00
0.00
0.00
4220
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.40
0.00
0.00
7.98%
API
48.711.94
3,726.46
22,863.82
25,075.62
8,436.16
10,586.00
120,000.00
1.01
1,01
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
9,95
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2.85%
Dade County
CAM.
6,577.00
503.00
35,700.00
42,780.00
36
1.57
1.57
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00,
0.00
0.00
0.00
0,00
0,00
0.00
0,00
0.00
0.00
0,00
0:00
0.00
0.00
0.00
0.00
0.00
0.00
6.82
0.00
0,0n
0.00'
D.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
2.36%
Dade
County HE
10,267.00
785.00
24,468.00
35,520.00
31.59
31.59
17.72
94.83
22.26
72.95
0.00
0_00
19.67
24.14
0.00
0.00
23.67
0.00
0.00
0.00
0.00
32.52
25.26
19,13
0.00
0.00
53.46
0.00
39,63
0.00
57.05
74.42
0.00
0,00
41.51
0.00
0.00
87.92
44.70
0.00
0.00
0.00
87.64
0.00
40.90%
Alliance
LSP
206,413.08
15.790.60
1.217.98
1,500.00
32,807,16
12,937.64
13,000.00
5,000.00
4,898.93
12,727.77
4,000.00
4,800.00
500.00
1,108.20
7,000.00
267,003.10
9,729.32
5,500.00
3.282.70
5.564.43
614,881.00
19.43
19.43
39.68
1.24
25.20
22.15
0.00
0.00
1571
68.61
0.00
0.00
17.68
0.00
0.00
0,00
0,00
16.65
16.01
16.45
51.86
0.00
0.00
0.00
6.74
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0.00
0.00
8.88
0.00
0.00
0.00
12.36
0.00
15.19%
OAA %
Transnortati
126,976.32
9,713,69
2,727.74
19,58
37.145.29
3,929,33
10,381.64
14.210.03
3,658.88
6,517.85
2,535.65
4,127.35
4.800.00
188 36
652.41
784.83
228,368.93
5.43
5.43
0,00
2.24
0.00
0.00
0,00
0.00
0.00
7.24
CLOD
0.00
0.00
0.00
0.00
0.00
0,00
0,00
3.16
0,00
0.00
0.00
0.00
0.00
53.84
0.00
0.00
7.83
0.00
0.00
0,00
0,00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4.65%
OAA
Conereaate
35.495.82
2.715.43
35 45
1,500.00
500.00
1.500.00
28,096.74
69,843.44
100.00
100.00
100.00
100.00
100.00
100.00
100.00
0.00
100.00
100.00
0.00
0.00
100.00
0.00
0.00
0.00
0.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
0.00
100.00
100.00
0.00
0.00
100.00
0.00
0.00
100.00
100,00
0.00
0.00
0.00
100.06
100.00
100.00%
Amount
653.497.33
49,991.98
5.875.00
1,581.83
147.393,86
17.735.78
10,000.00
66,088,45
20.710.03
20,697.24
39,141.90
15,833.61
25,087,06
9,251.54
630.55
1.122.32
176.93
2.796.85
12.270.54
358.792.17
23,438.01
6,255.81
7,343.54
6,349.213
200.00
1,503,261.38
Budget Form III - Cost Allocation CDBG 25-26.xls
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) This undersigned shall require that the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify
and disclose accordingly.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies
to cover Contract/grant transactions over $100,000 (per QMB).
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Authorized Represent. ' • gn.. re:
Print Name: Armando
Title: President ofthe Board
10/24/2025
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of 1Z1 physical presence or 0
online notarization, this 24th day of October 20 25 by
Armando Pomar of Allapattah Community Action, Inc.
a corporation, on behalf of the corporation. He/she is personally known to
me or has produced as identification.
Vk 1c
.\)\\T)ii
` Signatureootary
[Notary Seal]:
4 ,r�MY,P,q�., CAROLYN LIVINGSTON
f ' P ` 1� ri Notary Public • State of Florida
Commission a HH 409207
Orr,.• My Comm. Expires Jun 11, 2027 0
Bonded through National Notary Assn.
EXHIBIT E
CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER
RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency.
b. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgement rendered against them for 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 1.b of this certification; and
d. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause or
default.
2. 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
of Miami.
Authorized Representativ ure:
10/24/2025
Date
Title: President oft he Board
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of physical presence or El
online notarization, this 24th day of October
Armando Pomar of Allapattah Community Action, Inc.
a non-profit
20 25 by
corporation, on behalf of the corporation. He/she is personally known to
me or has produced as identification.
Signat fNotary
[Notary Seal]:
-- —p--
�''4/q,„ CAROLYN LIVINGSTON
� Notary Public • State of Florida
9 11 �� ` Commission = HH 109207
Fiv°. My Comm. Expires Jur 11. 2027
''Bonded through National Notary Assn,
EXHIBIT F
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to City of Miami
by Armando Pomar, President of the Board
(Print this individual's name and title)
for Allapattah Community Action, Inc.
(Print name of entity submitting statements)
whose business address is 2257 NW North River Drive, Miami, FLorida 33125
and if applicable is Federal Employer Identification Number (FEIN) is 59-2000654
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
Statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes,
mean a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any
other state or with the United States including, but not limited to any bid or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement, shall be a prima facie case that one
person controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact
business with a public entity. The term "person" includes those officers, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in a relation
to the entity submitting this sworn statement. (Please indicate with an "X" which statement
applies).
X Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months. AND (Please indicate which additional statement
applies).
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime within the past 36 months.
However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida,
Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it
was not in the public interest to place the entity submitting this sworn statement on the convicted
vendor list. (Attached is a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE
IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Authorized Representative Signature:
Print am
rae: Armansto
do Pomar
Title: President of the Board
10/24/2025
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of 0 physical presence or El
online notarization, this 24th day of October 20 25 by
Armando Pomar of Allapattah Community Action, Inc.
a non-profit corporation, on behalf of the corporation. He/she is personally known to
me or has produced as identification.
Qs-aL% ,04V)\)‘
Signature Notary Signature Notary
[Notary Seal]:
isY ''••. CAROLYN LIVINGSTON
.' \ Notary Public • State of Florida
` Commission
, rvo My Comm. ExpiresHH Jur 1 t409207. 2027
,Bonded through National Notary Assr•.
EXHIBIT G
INSURANCE REQUIREMENTS
PUBLIC SERVICE AND ECONOMIC
DEVELOPMENT PROGRAMS FOR
HOUSING & COMMUNITY DEVELOPMENT
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $300,000
General Aggregate Limit $600,000
Products/Completed Operations $300,000
Personal and Advertising Injury $300,000
B. Endorsements Required
City of Miami included listed as additional insured (endorsement
Required)
Explosion, Collapse, & Underground Hazard (If Applicable)
Contingent Liability/Contractual Liability
Premises & Operations Liability
Example. "'The City of Miami is named additional insured on the general liability. On a
primary and non-contributory basis. All policy and conditions apply."
I. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Owned Autos/Scheduled Autos
Including coverage for Hired and Non -Owned Autos
Combined Single Limit $ 300,000
B. Endorsements Required
City of Miami included as an Additional Insured
Example. "The City of Miami is named additional insured on the automobile liability.
Note.. If agency does not own any vehicles please submit this stamen an the agency's
dated letterhead and signed by the authorized representative.
Ill. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
A. Limits of Liability
$ I00,000 for bodily injury caused by an accident, each accident.
$100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability (If Applicable)
Each Claim $250,000
Policy Aggregate $250,000
V. Certificate Holder Information should be listed as the following:
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO
SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE APPLICABLE IN
CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK
PROGRAM"
THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH
WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH 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 Tess
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.
ACORN®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY
07/01/2025
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 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
INTER CONTINENTAL INVESTMENT & ADVISORY, INC.
4000 TOWERSIDE TERRACE SUITE 910
MIAMI, FL 33138
CONTACT NAME: Manuel A. Perez
PHONE (A/C, No, Ext): 786-877-3995 FAX
(A/C, No):
E-MAIL ADDRESS: map@p-a.cc
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: ATEGRITY SPECIALTY INSURANCE COMPANY
16427
INSURED
ALLAPATTAH COMMUNITY ACTION, INC. SC
2257 NW NORTH RIVER DRIVE
MIAMI FL 33125
INSURER B: NATIONAL LIABILITY & FIRE
20052
INSURER C: ASCENDANT COMMERCIAL INSURANCE COMPANY
13683
INSURER D: THE HARFORD
19682
INSURER E: LLOYD'S OF LONDON
COVERAGES
CERTIFICATE NUMBER:
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.
INSR TYPE OF INSURANCE
LTR
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
X
COMMERCIAL GENERAL LIABILITY
X
X
01-C-PK-P20145238-0
07/01/25
07/01/26
EACH OCCURRENCE
$1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES (each occurrence)
$100,000
MED EXP (Any one person)
$5,000
A
PERSONAL & ADV INJURY
$1,000,000
X
POLICY
GEN'L
AGGREGATE
PROJECT
LIMIT
LOC
GENERAL AGGREGATE
$2,000,000
PRODUCTS — COMP/OP AGG
Included
AUTOMOBILE
B
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
HIRED AUTOS
X
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
X
X
73APR431380
12/06/24
12/06/25
COMBINED SINGLE LIMIT
(Ea accident)
$500,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
Collision & Comprehensive
$1,000 DED
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR CLAIMS-
MADE
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION $ 10,000
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
C OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under DESCRIPTION OF
OPERATIONS
Y/N
N/A
WC-71058-8
06/13/25
06/13/26
X
WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
$100,000
E.L. DISEASE - EA EMPLOYEE
$100,000
E.L. DISEASE - POLICY LIMIT
$500,000
E BUILDING / CONTENTS P1B1 SC
E BUILDING / CONTENTS P2B1 DC
D STUDENT ACCIDENT DC
B1180D2408961553FtL
B1180D2408961553FtL
21-BSR-101287
07/01/25
07/01/25
07/01/25
07/01/26
07/01/26
07/01/26
SPECIAL $1,332,300/$150,000
SPECIAL $739,500/$100,000
ACC DEATH/DSMNT $10,000/$20,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
30 DAY NOTICE OF CANCELLATION - DEDUCTIBLES WIND 5% OTHER PERILS $1,000 THE CITY OF MIAMI IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND AUTO
LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. COVERAGE IS AFFORDED FOR CONTINGENT AND CONTRACTUAL EXPOSURES AND THE GENERAL LIABILITY SHALL BE
PRIMARY AND NON CONTRIBUTORY
CERTIFICATE HOLDER
CANCELLATION
City of Miami
Department of Community and Economic Development
444 SW 2nd Avenue
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
kc) +Manuu'elA. Perez, Agent
ACORD 25 (2010/05)
The ACORD name and logo are registered marks of ACORD
® 1988-2010 ACORD CORPORATION. All rights reserved.
EXHIBIT I
ANTI -HUMAN TRAFFICKING AFFIDAVIT
1. The undersigned affirms, certifies, attests, and stipulates as follows:
a. The entity/individual is a nongovernmental entity authorized to transact business
in the State of Florida (hereinafter, "nongovernmental entity").
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
(2024), 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, a representative, or individual of the nongovernmental entity
authorized to execute this Anti -Human Trafficking Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Nongovernmental Entity/Individual: Allapattah Community Action, Inc.
Name: Armando Pomar Title: President of the Board
Signature:
re -
Office Address:
Email Address: acai33125@gmail.com Main Phone Number: 305-633-0466
Olivera, Rosemary
From: Galo, Monica
Sent: Wednesday, January 28, 2026 1:40 PM
To: Olivera, Rosemary; Ewan, Nicole; Hannon, Todd
Subject: Complete Agreement Allapattah Community Action Inc. CDBG $133,658
Attachments: Executed Agreement - ACAI CDBG.pdf
Good morning, Todd,
Please find attached the fully executed copy of an agreements from DocuSign that is to be considered an
original agreement for your records.
Thank you,
Administrative Aide II
Department of Housing
and Community Development
444 SW 2 Ave. 3RD Floor
Miami, Fl 33130
305-416-1976
mgalo@miami.gov
i