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HomeMy WebLinkAbout24290AGREEMENT INFORMATION AGREEMENT NUMBER 24290 NAME/TYPE OF AGREEMENT DE HOSTOS SENIOR CENTER, INC. DESCRIPTION THE AMERICAN RESCUE PLAN ACT OF 2021 GRANT/ELDERY MEALS AGREEMENT/ELDERLY MEALS/FILE ID: 12594/R-22-0412/MATTER ID: 23-4/#50 EFFECTIVE DATE February 23, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/23/2023 DATE RECEIVED FROM ISSUING DEPT. 2/28/2023 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: ROBERTO TAZOE EXT. 1976 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: De Hostos Senior Center, Inc IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES IS] NO TOTAL CONTRACT AMOUNT: $ 149,000 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: 1 ❑ MANAGEMENT AGREEMENT 0 PUBLIC WORKS AGREEMENT a ❑ PROFESSIONAL SERVICES AGREEMENT 0 MAINTENANCE AGREEMENT 0-- IR GRANT AGREEMENT 0 INTER -LOCAL AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LEASE AGREEMENT ❑ LICENSE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): PURPOSE OF THE ITEM (BRIEF SUMMARY): Contract in the amount of $149,000 in ARPA funding to De Hostos Senior Center, Inc, Inc for Public Services activities. For more information, please refer to Resolution 22-0412 COMMISSION APPROVAL DATE: 10/27/2022 FILE ID: 12594 ENACTMENT No.: 22-0412 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE } IN f AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 11-30-2022 PRINT: RO' ; ► • i E t SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARIE SHARPE Quevedo, Q9� O'7:ryby SIGNATURE: Terry -05:�20'Z'Z"'°:":" SUBMITTED TO CITY ATTORNEY 2/17/23 PRINT: VICTORIA MENDEZ SIGNATURE: for APPROVAL BY ASSISTANT CITY MANAGER PRINT: LARRY SPRING SIGNATURE: RECEIVED BY CITY MANAGER PRINT: ART NORIEGA, V. SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: TODD B. HANNON SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney Date: November 14, 2022 From: Monica Galo Contact Person Housing & Community Dev Requesting Client Administrative Aide 305-416-1976 Title Telephone HCD: 2022-0105 Legal Service Requested: HCD is requesting the Law department to review the agreement for De Hostos Senior Center, Inc. for correctness. The amount of contract is for $149,000 in ARPA funding and it will be to provide Public Service activities. Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating The Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: ❑ 'ssue o • io in writing. ❑ Pu ' lish opi j on ilfter issuance. Authorized b R.o M erto Tazoe Date response requested by: ASAP BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Comments: Copy returned to Requesting Client Ultimate Client: D / R Date: Type: Matrix: Category: Copy to Ultimate Client rev. 06/17/2011 CITY OF MIANII, FLORIDA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT THE AMERICAN RESCUE PLAN ACT OF 2021 GRANT AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this day of Florida (here' , 202 , between the City of Miami, a municipal corporation of the State of fter the "CITY"), & De Hostos Senior Center, Inc. a Florida not for profit corporation (hereinafter referred to as the "PROVIDER"). FUNDING SOURCE: CFDA# (If applicable): AMOUNT: United States Department of the Treasury 21.027 $ 149,000.00 TERM OF AGREEMENT: See Section 3.2 PROJECT NUMBER: UNIQUE ENTITY ID (SAM): N3SMC7PNDFG3 AGENCY'S ADDRESS: 2902 NW 2nd Ave Miami, FL 33127 1 WITNESSETH WHEREAS, the scope of services described in the Agreement are authorized through the Act and the Resolution, with funding from the United States Department of the Treasury; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROVIDER so that PROVIDER can provide Elderly Meals; and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; 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: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Scope of Services Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements Exhibit H Additional Programmatic Reporting Requirements 1.2 DEFINED TERMS. As used herein the following terms shall mean: Funds: Agreement Records: The $ 149,000.00 paid to PROVIDER in exchange for PROVIDER completing the activities described in the Scope of Services set forth in Exhibit B. 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, 2 maintained, completed, received or compiled by or at the direction of the PROVIDER 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. CFR: Code of Federal Regulations. Department: The City of Miami Department of Housing and Community Development, or its designee. Federal Award: Any federal funds received by the PROVIDER from any source during the period of time in which the PROVIDER is performing the obligations set forth in this Agreement. Program: CITY's Public Services Program which is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by City of Miami's City Commission through Resolution No. 22-0412 (the "Resolution") with funding from the United States Department of the Treasury Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Depai lucent prior to the CITY's execution of this Agreement: 2.1 The Scope of Services submitted by the PROVIDER 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 PROVIDER. It should specifically describe the activities to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the services and/or project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Services. 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 PROVIDER under this Agreement. 3 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROVIDER'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 Scope of Services. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROVIDER'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 PROVIDER's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by the PROVIDER's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of the requirements contained under the Act and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 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, 2022 to SEPTEMER 30, 2023. 3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall can-y out the services and activities as prescribed in its Scope of Services, attached hereto and incorporated herein as Exhibit "B" ("Scope of Services"), 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 the Treasury and the CITY. 3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER is aware of and accepts the Act, the Final Rule, and the Program's Policies and Procedures Manual, 4 which is incorporated herein as if fully set forth in this Section (collectively, "Policies and Procedures"), as the official documents that outline the fiscal, administrative, and federal guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement, and shall be kept on file by the Department and shall be available for review. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the event of the occurrence of any delays in the activities thereunder, the PROVIDER shall immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER 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. 3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Services: • The addition of any positions not specifically listed in the approved Itemized Budget. • The modification or addition of any job descriptions. • The purchase of any non -expendable personal property. • The disposition of any real property, expendable personal property or any non - expendable personal property. • Any out-of-town travel not specifically listed in the Itemized Budget. • The use of Funds in any manner not specifically listed in the Itemized Budget. • Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. • The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER 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 PROVIDER shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance indicating that the PROVIDER 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 PROVIDER at. any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROVIDER agrees to provide all financial and other 5 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 PROVIDER 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 PROVIDER 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 governments and/or agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for Program activities and is also subject to amendment or termination due to lack of funds or authorization, reduction of fiords, and/or changes in rules, laws, federal guidance, rules, laws, and regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit requirements: 5.1.1 If the PROVIDER 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 the applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the PROVIDER elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROVIDER 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 PROVIDER, the PROVIDER may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 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 applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROVIDER has complied with Federal statutes, regulations, and the terms and conditions of 6 Federal Awards that could have a direct and material effect on the Federal program consistent with the applicable 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 PROVIDER in accordance with the applicable 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 applicable requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 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; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of 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 PROVIDER 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 PROVIDER 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 PROVIDER 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. 7 ARTICLE VI RECORDS AND REPORTS 6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to determine whether the PROVIDER has met the requirements of the Program. At a minimum, the following records shall be maintained by the PROVIDER: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with Funds, including its location (if the activity has a geographical locus), the amount of Funds budgeted, obligated and expended for the activity, and the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies and Procedures and the Resolution, and that such information is provided in the form required in same. 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 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) Financial records, in accordance with the applicable requirements of the Final Rule. 6.1.4 Records required to be maintained in accordance with other applicable laws and regulations set forth in the Final Rule. PROVIDER agrees to comply with the requirements set forth in Exhibit "H", attached hereto and incorporated herein. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROVIDER'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 PROVIDER at least until the expiration of the Retention Period. The PROVIDER shall maintain records sufficient to meet the requirements of the Final Rule. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROVIDER further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The PROVIDER 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. 8 The parties hereto further agree that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE DEPARTMENT'S CUSTODIAN OF RECORDS AT 14 NE 1st Avenue, 2nd Floor, Miami, FL 33132. 6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are 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 PROVIDER 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 Scope of Services 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 PROVIDER shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the PROVIDER 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 9 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 Scope of Services for public purposes. 6.3.2 If the PROVIDER 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 PROVIDER 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 PROVIDER shall permit the Department and other persons duly authorized by the CITY or Depaituient to inspect all Agreement Records, facilities, goods, and activities of the PROVIDER 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 PROVIDER. Following such inspection or interviews, the Department will deliver to the PROVIDER a report of its findings. The PROVIDER 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 PROVIDER's justification is acceptable. At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROVIDER 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 PROVIDER is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROVIDER shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The PROVIDER 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 PROVIDER shall submit to the CITY, on a quarterly basis, a Scope of Services status report. ARTICLE VII 10 OTHER PROGRAM REQUIREMENTS 7.1 The PROVIDER shall maintain current documentation that its activities are Program eligible in accordance with the Policies and Procedures and the Resolution. 7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with Funds is an activity which provides benefit to eligible Program applicants under the Act and the Resolution. 7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures and the Resolution and the PROVIDER shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 OMITTED. 7.6 NON-DISCRIMINATION. The PROVIDER 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 Scope of Services or its performance under this Agreement. Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Funds. 7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 OMITTED. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROVIDER 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." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, Funds may not be used for religious activities. The PROVIDER shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the PROVIDER must transfer to the CITY any unused Funds at the time of expiration/termination and any accounts receivable attributable to the use of Funds. 11 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROVIDER'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 PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROVIDER shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following provision: "The PROVIDER is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROVIDER. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROVIDER' s Subcontractor(s). 7.13.5 The PROVIDER shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 12 7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety - Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 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. ARTICLE VIII PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 8.1 The PROVIDER certifies that: (a) The PROVIDER 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 PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. (b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROVIDER shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROVIDER and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. 13 ARTICLE IX INTENTIONALLY OMITTED ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 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 PROVIDER, 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 PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not be obligated and shall not pay to the PROVIDER any sum whatsoever. If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROVIDER, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 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. 10.1.3 Wholly or partially suspend or terminate the current Funds committed to the PROVIDER. 10.1.4 Withhold further grants, loans, and/or other monies for the PROVIDER. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Dept tinent may, for reasonable cause, temporarily suspend the PROVIDER's operations and authority to obligate funds under this Agreement or withhold payments to the PROVIDER pending necessary corrective action by the PROVIDER. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the Funds by the PROVIDER; (ii) Failure by the PROVIDER to comply with any term or provision of this Agreement; (iii) Failure by the PROVIDER to submit any documents required by this Agreement; or 14 (iv) The PROVIDER's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROVIDER's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2;4 The Department will notify the PROVIDER 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 action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 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 PROVIDER. 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 Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROVIDER pursuant to this Agreement. 10.3.2 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 PROVIDER is materially non -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 PROVIDER to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY may, by written notice to the PROVIDER, 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 XI MISCELLANEOUS PROVISIONS 15 11.1 INDEMNIFICATION. The PROVIDER 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 PROVIDER and persons employed or utilized by PROVIDER in the performance of this Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, 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 Agreement. In the event that any action or proceeding is brought against the CITY by reason of any such claim or demand, the PROVIDER shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep and save hannless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROVIDER 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 PROVIDER, or persons employed or utilized by PROVIDER. 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 PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY. The PROVIDER 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 PROVIDER in which the CITY participated either through review or concurrence of the PROVIDER`s actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub - PROVIDER under this Agreements. 11.2 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. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER 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 PROVIDER 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 PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purpose whatsoever without the prior written consent of the CITY. 16 11.4 AWARD OF AGREEMENT. The PROVIDER 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 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. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without .the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER further covenants that, in the perfonnance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the PROVIDER or its employees must be disclosed in writing to the CITY. 11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the 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. 11.11 GENERAL CONDITIONS. 11.11.1 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. 17 CITY OF MIAMI George Mensah, Director Department of Housing and Community Development 14 NE 1 s' Ave, 2nd Floor Miami, FL 33132 With a Copy To: Office of the City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 Attn: City Attorney PROVIDER De Hostos Senior Center 2902 NW 2"d Ave Miami, FL 33127 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 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. 11.11.4 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. 11.11.5 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. 11.11.6 It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this 18 Agreement by any provision or to entitle any such third party to any right of action on account hereof. 11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 11.11.8 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11.11.9 PROVIDER shall consult with the CITY regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval may be withheld in the CITY's sole discretion. 11.12 INDEPENDENT CONTRACTOR. The PROVIDER 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 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. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The PROVIDER 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 PROVIDER'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 PROVIDER to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or personal representative of the PROVIDER, 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 PROVIDER, 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. 19 11.16 CLOSE-OUT. When the CITY determines that all required work under the Agreement has been completed or upon the expiration or termination of the PROVIDER Agreement, the CITY shall require the PROVIDER 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. ■ A final request for payment. Remainder of page intentionally left blank Signatures on the next page. 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: ( Name: ,,? �,�,�i �, 4.4. Date: /. /t) Title: (- eed CITY OF MIAMI, a municipal Corporation of the State of Florida Arthuf Norieg City Manager Dat APPROVED AS TO INSURANCE REQUIREMENTS Quevedo, Terry Digitally signed by Quevedo, Terry Date: 2022.12.29 14:32:04 -05'00' Ann -Marie Sharpe Risk Management Date: PROVIDER De Hostos Senior Center 2902 NW 2 Ave Miami, Florida 33127 a Florida not -for -profit corporation ATTEST: ISA t j 4 1)“ - Name: Ci}MRl.t EL R..iV42v` Date: /1/7) LZ. a2 Title: go,C A t 7t'.. PET sc c� Corporate Seal: Al JEST: odd B. annon City Clerk' Dat afl�� a � a�31 APPROVED AS TO FORM AND CORRECTNESS: for 2/17/23 Victoria Mendez City Attorney RFA #23-4 Date: 21 SENIOR CENTER,Inc. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH CITY OF MIAMI And DE HOSTOS SENIOR CENTER, INC, & ECONOMIC DEVELOPMENT CORP. FOR A CONTRACT WHEREAS, this Board desires to accomplish the objectives as outlined in the scope of services of the contract with City of Miami NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of De Hostos Senior Center approves (CDBG) with City of Miami, for the amount of $149.000 for the Fiscal Year of October 1, 2022 through September 30, 2023 and authorizes Vincent Delgado, CEO, to the execute for and on behalf of De Hostos Senior Center Corporation. Gamaliel Rivera, Chair of the Board, `t Yes, Diedre Byrd, Member Yes Maria Rodriguez, Member Yes, Elba Arcelay, Member The Board there upon declared this resolution duly passed and adopted this 1st day of October 2022. AGENCY SEAL Gamaliel Rivera Chair of the Board 2902 N.W. 2nd Avenue • Miami, Florida 33127 • Phone: 305-573-6220 • Fax: 305-573-2193 E-mail: dehostosseniorcenter2014@gmail.com MIAMO COUNTY • II • opt,'._ u City of Miami Resolution R-22-0412 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12594 Final Action Date: 10/27/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $981,280.82 IN AMERICAN RESCUE PLAN ACT OF 2021 FUNDS ("FUNDS") FOR THE SECOND YEAR OF ASSISTANCE TO THE AGENCIES/DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on September 13, 2021, pursuant to Resolution No. R-21-0352, the City Commission approved the allocation of American Rescue Plan Act of 2021 ("ARPA") funds in the amount of $137,639,417, which included an amount of $15,500,000 to the Department of Housing and Community Development ("Department"); and WHEREAS, the allocation to the Department included an amount of $1,500,000 to provide for elderly meals for a period of two (2) years to low to moderate income residents in the City of Miami ("City") that were negatively impacted by the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, the Department wishes to allocate a portion of the funds received for elderly meals to the agencies/departments specified in Exhibit "A," attached and incorporated, to provide additional support to a population that has been particularly negatively impacted by the COVID-19 pandemic; and WHEREAS, the City's Administration recommends the allocation of ARPA funds in the amount not to exceed $981,280.82 to the agencies/departments specified in Exhibit "A," attached and incorporated, for public service activities, subject to all federal, state, and local laws that regulate the use of such funds; 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 fully set forth in this Section. Section 2. The allocation of ARPA funds in an amount not to exceed $981,280.82 to the agencies/departments specified in Exhibit "A," attached and incorporated, for public service activities, subject to all federal, state, and local laws that regulate the use of such funds, is authorized.' City of Miami Page 1 of 2 File ID: 12594 (Revision:) Printed On: 11/7/2022 File ID: 12594 Enactment Number: R-22-0412 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, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 10/18/2022 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: 12594 (Revision:) Printed on: 11/7/2022 City of Miami Department of Housing and Community Development American Rescue Plan Act Funding Allocation FY2022 "Attachment A" AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FY2022 Agency Description of Services ARPA Funding FY2022 ELDERLY MEALS Allapattah Community Action, Inc. Elderly Meals $ 201,000.00 Curley's House of Style, Inc. Elderly Meals $ 53,000.00 De Hostos Senior Center, Inc. Elderly Meals $ 149,000.00 Josefa Perez de Castano Kidney Foundation, Inc. Elderly Meals $ 19,000.00 Sunshine for All, Inc. Elderly Meals $ 50,000.00 Department of Housing and Community Development To Be Allocated $ 509,280.82 Total Allocation: $ 981,280.82 EXHIBIT B — WORK PROGRAM ELDERLY 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, 2022 through September 30, 2023 with funding from the 2022-23 American Rescue Plan Program Year. 2. SUBRECIPIENT will provide 5 ongregate Meals and/or — Homebound Meals a. Congregate Meals Program: Provide a nutritionally balanced meal, Monday through Friday, to 4D eligible participants, at the following location(s): Address: De Hostos Senior Center, Inc. 2902 N.W. 2nd Avenue Miami, FL 33127 b. Homebound Meals Program: Ensure delivery of a nutritionally balanced hot meal, Monday through Friday, to --- 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 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. SUBRECIPIENT will not invoice the CITY until the proposed participant is certified as eligible by the CITY. 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. ,HORIZED SIGNATURE: Name: �� g STATE OF Li9E) M COUNTY OF MI M I) - Di+,0 The foregoing instrument was acknowledged before me by means of X physical presence or _online notarization, this iI/O7/ZiZ2. (date) by , �M /Veil 4' Old (name of officer or agent, title of officer or agent) of �? -31ip ' �Q,a`i (name of corporation), a (state or place of incorporation) corporation, on behalf of the corporation. e she is personally known to me or has produced (type of identification) as identifi . Notary Seal ret. ARIADNACONDE Commission # GO 363527 Notary S' ' ."tune Explros August 10. 2023 sarx1MI 1 nni sudpot Notary Sorvlces EXHIBIT C COMPENSATION AND BUDGET A. The maximum compensation under this Agreement shall be $ 149,000.00 B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, 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. Authorized Signature ame:Cf-t%> G Dat Title: o CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF SALARY FORECAST AGENCY: DE HOSTOS SENIOR CENTER. INC. BUDGET FORM II PERIOD COVERING: 10/01/2022-09/30/23 Employee Name Position Title Social Security Ethnicity Type of Employee Pt/Ft Period Budgeted Pay Periods Annual Gross Salary Total Salary Per Pay Period Percent of Salary Charged to City Total Amount Charged to City N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A $o.00 BUDGET FORM I CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT AGENCY: PERIOD FUNDING SOURCE BUDGET NARRATIVE BY LINE ITEM DE HOSTOS SENIOR CENTER, INC October 1,2022 TO September 30, 2023 2022-23 ARPA ITEM DESCRIPTION AMOUNT 101 STAFF SALARIES Program Director, Assist. Director, Aide Program $97,734.00 250 PROFESSIONAL SERVICES BOOKKEEPING-2021 990 Tax Return Preparation, Mandatory Report $800.00 260 SPECIAL PROGRAM ACTIVITIES $4,000.00 260 SPECIAL PROGRAM SUPPLIES $1,083.00 301 GEN. LIABILITY INS. INSURANCE COVERAGE (INCLUDING D&0) $1,686.00 350 TELEPHONE COMSCAST COMMUNICATION SERVICE $4,334.00 410 EQUIPMENT MAINT. KITCHEN/FOODSERVICE EQUIPMENT MAINTENANCE $400.00 411 BLDG. MAINTENANCE Rent: MD County Operational Cost (Building) $1,384 507 MEMBERSHIP AHCA BGS/USD Compliance $2,932 513 License — Permits (Other Taxes) $177.00 520 PRINTING REPRO Postage, Printage, and Reproduction $300 521 OFFICE/ SUP STAFF Office and Program Supplies $500 524 SPEC. SUP. (SFETC) Janitorial Supplies $700 527 SUPPORTIVE SERVICE Participant Meals $32,970.00 TOTAL: $149,000 AGENCY: DE HOSTOS SENIOR CENTER,INC COST ALLOCATION PLAN BUDGET FORM III 1 OF 2 Period Being Cost Allocated: _ 10/01/22-09/30/23 Effective Date Line -Item Description % ARPA % % , % MDC % Total 101 STAFF SALARIES 97,734.00 80,141.00 177,875.00 200 STAFF MICA 201 STAFF FICA 202 STAFF WORKERS COMP. 203 STAFF UNEMPLOYMENT 204 STAFF GROUP HEALTH INS. 206 RETIREMENT STAFF 250 PROFESSIONAL SERVICES 800.00 706 1,506.00 252 AUDIT COST 260 SPECIAL 5083 741.00 5824 261 TEMPORARY STAFF 270 INDIRECT COST 300 DIR. PUB. OFF. BOND 301 GEN. LIABILITY INS. 1,686.00 566 2,252.00 302 AUTO LIABILITY 303 BONDING 304 OTHER INSURANCE 350 TELEPHONE 4,334.00 2,257.00 6,591.00 360 ELECTRICAL SRVS, 370 GARBAGE 380 WATER & SEWER 400 EQUIPMENT REPAIR 410 EQUIPMENT MAINT. 400 496 896 411 BLDG. MAINTENANCE 1384 1382 2766 415 CONF. & PROF. MTNG. 420 CONTRACTUAL MAINT. 421 MAINT. VEHICLE 422 OPERATIONAL MAINT. VEHICLE (GASOLINE) COST ALLOCATION PLAN AGENCY: DE HOSTOS SENIOR CENTER,INC BUDGET FORM 111 2 OF 2 Effective Date Line -Item Description °l° ' % °f° %% Total 450 EQUIPMENT RENTAL 460 SPACE RENTAL 0.00 501 POSTAGE 0 502 PRINTING OUTSIDE 501 501 503 PUBLICATIONS 504 ADVERTISING 507 MEMBERSHIP 2932 118 3050 510 LOCAL TRAVEL 511 OUT OF TOWN TRAVEL 513 PKNG. M.RAIL--STAFF 177 34 211 520 PRINTING REPRO. 300 58 358 SUPPLIES 521 OFFICE SUP. STAFF 500 531 1031 522 TRAINING SUPPLIES 524 SPEC. SUP. (SFETC) 700 359 1059 525 EXPENDABLE TOOL SUPPLIES (SFETC) 526 COMPUTER SUPPLIES 527 SUPPORTIVE SERVICE 32,970.00 63,110.00 96,080.00 528 CHILD CARE/SUPP SERVICES 542 TUITION & BOOKS 600 O/T WAGES (PARTICIPANT) 900 CAPITAL OUTLAY EQUIP. 901 OFFICE FURNITURE (BELOW $500.00) 902 SOFTWARE 0 902 SOFTWARE TOTAL 149,000.00 151,000.00 300,000.00 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, "AIl" 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. A-uthgrized Representative Signature: Print Name: 14,2 Title: ate STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of © physical presence or 0 online notariza ion this 1flt day ofi )joVeniber 20 2- Z- by �,�IYI(t,efil-t i5 I . odo of DS� 5 cen I ( (.0.114t a corporation, on behalf of the corporation. He/she is per • .Ily known to m or has produced as identific [Notary Seal]: ARIADNACONDE t ' Commission # GG 363527 N. '�Ip• at Expires August 10, 2023 1.4.or FL°Q BaMod Tm SabotNotary&Ma n Signattfre of Notary [Notary Seal]: 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. A horized Representative Signature: rint Name: /4,7 Title: Q o Da e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ®Physical presence or ❑ onlinenotarizatio , this 7 dayof 1�4Val/O 20,22 by i l� {�,1 ' ('od!) of NP }-7) 1'$ r-- e...11,(,t51( 06946K" , a dbrporation, on behalf of the corporation. He/she is personally knowa me or has produced as identification. OM 1Vh, ARIADNACONDE Commission # GG 363527 * ' ' * Signatur • otary �,7 Expires August 10, 2023 4'Or Ft.PP Bonded Tluu Budget Nosey Services 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 by / !�'/ � e a (Print4is individual's name and title) for -44. v (Print name of entity submitting statements) whose business address is g''2)' 3 and if applicable is Federal Employer Identification Number (FEIN) is 65-0343402 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2.1 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). r 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: Csint Name: /-';n e ms, ' / Date Title: C STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of Lif physical presence or 0 online notarizqtion, �t,his ( day of j`�n l-p,�Y of d 20 1 o by �t f (!P4' �c ( ((O of De 1-4)s-i-c -, V ( .'m-P. r a corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary SeaI]: StnY���'��^oa� ARIADNACONDE �'Commission 00O363527 A t i k " ±' Expires August 10, 2023 11'or f4eFA Bonded'Mu BudpelNotary Servkee Signa Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & COMMUNITY DEVELOPMENT I. Commercial General Liability (Primacy & 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." 11. 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 on the agency's dated letterhead and signed by the authorized representative. III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250,000 $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 MAYBE 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 less than "Class V" as to Financial Strength, by the Iatest 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. '°v CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 06/17/2022 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. UBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on s certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Roizbas Insurance Corp 11002 NW 47 TER Doral FL 33178 INSURED De Hostos Senior Center 2902 NW 2 Ave Miami FL 33127 CONTACT NAME: (PHONE (Air,E-MAIN� (305} 343 8594 ADDRESS victor@eigamerica.com INSURER(S) AFFORDING COVERAGE FAX (A/C. No): (786) 288-3690 INSURER A: United States Liability Insurance Co INSURER B : INSURER C : INSURER 0 : INSURER E : NAIL it 25895 INSURER F : 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 SUBR LTR WVO COVERAGES TYPE OF INSURANCE A A A A X X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER POLICY E E LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBRELLA LIAB EXCESS LIAB DED SCHEDULED — AUTOS X NON -OWNED AUTOS ONLY RETENTION $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y! N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below PROFESSIONAL LIABILITY DIRECTORS & OFFICERS ADDL INSn N/A POLICY NUMBER NPP1589708C NPP1589708C NPP1589708C NPP1589708C POLICY EFF IMM/DD/YYYY, 06/18/2022 06/18/2022 06/18/2022 06/18/2022 POLICY EXP /MMIDDIYYYYI 06/18/2023 06/18/2023 06/18/2023 06/18/2023 LIMBS EACH OCCURRENCE DAMAGE TO RENTED PREMI,SFS (Fa ocrunenre) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LIMIT (Fa accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per act dant) Aggr Inc Gral Aggreg EACH OCCURRENCE AGGREGATE $ 1,000,000 $ 100,000 $ 5,000 s 1,000,000 s 2,000,000 $INCLUDED $ $ $ 5 $ Included PER STATUTF E.L. EACH ACCIDENT ORTH- E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT EACH/AGGREGATE EACH/AGGREGATE $ $ $ $ 1 MILL/2MILL 1 MILL/2MILL DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Not for Profit Senior Center CITY OF MIAMI is an additional insured with respect to Commercial General Liability & AUTO coverage. Contingent and Contractual Exposures -Non Contributory with Respects to GL CERTIFICATE HOLDER City of Miami - Department of Community & Economic Developement 444 SW 2nd. Ave 2nd. Floor Miami, FL 33130 CANCELLATION 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 <VMR> ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SENIOR CENTER,Inc. October 1st, 2022 Ms. Gessette Guerra Contract Officer City Of Miami Re: Workers Compensation Insurance Dear Ms. Gessette Guerra Please be advised that due to changes in personnel in De Hostos Senior Center, the Board of Directors has unanimously decided to waive and do not contract the Worker Compensation. Federal Law requires Workers Compensation if there are more than four employees working in our staff. Thus, since we do not have a total of four employees at this time, this is the motive of our decision. lf, and when De Hostos Senior Center decided to hire additional staff, we will resume to the Workers Compensation Program. We would like you to waive that requirement. Please contact us with any concern. Tha s, Vincent Delgado, MSW CEO De Hostos Senior Center 2902 NW 2nd. Ave, Miami,33127 0: 305-573-6220 2902 N.W. 2nd Avenue • Miami, Florida 33127 • Phone: 305-573-6220 • Fax: 305-573-2193 E-mail: dehostosseniorcenter2014@gmail.com MIAMI•E .DE An officiaiwebsite of the United States government Here's how you know g _SAM oove Entity Workspace Get Started Show Workspace For Non -Federal Entities Non -Federal Entities BioPreferred Reporting Service Contract Reporting Filter By Search by Keyword Search By Entity Search By Status Expiration Date Search by FSD Number Address Update 1 of 1 Reset Results per page Sort by 25 Expiration Date Ascending DE HOSTOS SENIOR CENTER INC Active Registration Entity Update Available Unique Entity ID: N3SMC7PNDFG3 CAGE/NCAGE: 7HY66 Doing Business As: (blank) Physical Address Update Available 2902 NW 2ND AVE MIAMI, FL33127-3905 USA Purpose of Registration: All Awards Expiration Date Jun 30, 2023 Feedback Our Website Our Partners Policies Customer Service a�alo EXHIBIT H ADDITIONAL PROGRAMMATIC REPORTING REQUIREMENTS Compliance must be ensured with the following: State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February 28, 2022 — Version 3.0 (and any future updates and revisions) SLFRF Compliance and Reporting Guidance (treasury.gov) http s ://home. treasury. gov/system/files/136/S LFRF-Compli ante- and -Rep orting-Guidance.pdf Throughout the term of this Agreement, the PROVIDER shall submit to the CITY a quarterly report, in a form and in a manner acceptable to the CITY in its sole and absolute discretion, on the 5th day of the month that follows the end of a calendar quarter (i.e., January 5, April 5, July 5, October 5). Upon the end of the term of this Agreement, the ROVIDER understands that they are required to submit to the CITY a final quarterly report on the 5th day of the month that follows the end of the quarter the term of the Agreement ended. Quarterly reports should be submitted to the CITY via email to arpareporting@miamigov.com on the form template provided by the CITY. A copy of the reporting form templates are available upon request.