HomeMy WebLinkAbout24428AGREEMENT INFORMATION
AGREEMENT NUMBER
24428
NAME/TYPE OF AGREEMENT
THE START PROGRAM, INC.
DESCRIPTION
CDBG AGREEMENT/YOUTH SERVICES/FILE ID: 10783/R-21-
0422/MATTER ID: 21-2706/#32
EFFECTIVE DATE
January 14, 2022
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
1/14/2022
DATE RECEIVED FROM ISSUING
DEPT.
5/10/2023
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT
DEPT. CONTACT PERSON: MONICA GALO EXT. 1976
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The START Program, Inc.
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS?
TOTAL CONTRACT AMOUNT: $ zo,000.00 FUNDING INVOLVED?
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
® GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY): N/A
PURPOSE OF THE ITEM (BRIEF SUMMARY):
❑ YES
® YES
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
Contract in the amount of $ 20,000.00 in CDBG funding to The START Program, Inc. for the
implementation of Public Service Activities. For additional information please see resolution attached.
® NO
❑ NO
COMMISSION APPROVAL DATE: October 14, 2021 FILE ID: 10783 ENACTMENT No.: R-21-0422
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
N/A
ROUTING INFORMATION
Date
P RIN AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
11/2/2021
PRINT: R ERTO TA E
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN-MARIE HARPE
o,9,�Y=,9edbYom�
SIGNATURE: Gomez, Frank_p;,eZOZ,.,,,o2,,:se:,o
SUBMITTED TO CITY ATTORNEY 2 2706
PRINT: VICTORIA MENDEZ
g '"ae Z.— Way
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
PRINT: FERNANDO CASAMAYOR
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
N/A ,
‘ ,
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, FLORIDA
DEPARTMENT OF HOUSING AND. COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT("CDBG")
AGREEMENT
Tom, Agreement (hereinafter the "Agreement") is entered into this /r� day of
,.2_ ' etween the City of Miami, a municipal corporation of the State of
lorida (her :^ after the "CITY"), & The START Program, Inc.
a Florida not for profit corporation (hereinafter referred to as. the "SUBRECIPIENT").
FUNDING SOURCE:
CFDA # (If applicable):
AMOUNT:
TERM OF AGREEMENT:
PROJECT NUMBER:
DUNS® NUMBER:
AGENC.Y'S ADDRESS:
Community Development Block Grant (CDBG),
CDBG 14.218
$ 20,000.00
Effective date of this agreement is October 1, 2021
to September 30, 2022
05-079-2447
3461 FLORIDA AVE
Miami, FL 33133
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows:
ARTICLEI
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
2016.1 1.
Exhibit A
Exhibit B
Exhibit .0
Exhibit D
Exhibit E
Exhibit
Exhibit G
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
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:
Low -and -Moderate
Income Person:
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.
A member of a low- or moderate -income household whose
income is within specific income levels set forth by U.S. HUD,
20t6,1 7
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 Agreementand 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,rrianagementsystem. 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-formeasuringactual 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.
2.3 A list of the .SUBRECIPIENT's present officers and meinbers 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.
:Ot61 3
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 re-sumes for all positions funded in whole orin 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:
(ij 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 doeinnents 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, 2021 to September 30, 2022
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 totheCITY, and in
accordance -with thewritten policies, procedures, and requirements as prescribed in this
Agreement, and asset ford- by HUD and the CITY.
3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current
Federal regulations asmay 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.
3.5 LEVEL OF SERVICE. Should start-up time for the Work Prograni 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
2016"1 4
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 anytime 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. Airy 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 cornplywith the terns of this Agreement, or (ii) to accept
conditions imposedby 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
5.1 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.
2016-1 5
Such Audit must be conducted in accordance with General Accepted Government.
Auditing Standards (GAGAS.)
a) ) Single Audit. A single audit mustbe 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
200.5 14(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 concludesthat 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;
(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;
2016,) 6
(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 SUBRECIPIENTexpends 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 illtermsof 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
"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:
(1) For each activity determined to benefit low; and moderate -income persons,
the income limits applied and the point: in time whenthe benefit was
determined.
(ii) For each activity which benef is areayailable 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 thatserves an area that isnot 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 exciusively 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 incoirie 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 int
covered programs.
(ii) Documentation of actions undertaken_ to' meet the requirements of Section
3 of the Housing and Urban Development Act of 1968; as amended (12
2016.1 8
U.S.C. I701 U) relative to the hiringand training of low arid very low
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
regulationssetforth 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, fora 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 1 19, 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 subcontradts
used to engage subcontractors tocarry 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 soleand 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.
:OHO 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 ifs 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
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.
2016.1
]0
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 meetirigs. of the appropriate committees and citizen participation
structures upon the request of the citizen participation officersor 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 SUBRECIP1ENT 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 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."
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that
20161
11
all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions,
andlimitations 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. 00(j). The SUBRECIPIENT shall comply with
those requirements, and prohibitions when entering_into subcontracts..
7.12' 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.
7.13 'ENFORCEMENT OF THIS AGREEMENT: Any violation of this Agreement.that remains'
uncured thirty (30) days after the SUBRECIP1ENT'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 inequity. 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.
7.14 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 processunderExecutive Order 12372.
7.15 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
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.
2016.1
12
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, SUSPENSION, 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 shallnot pay to the_ SUBRECIPIENT any sum
whatsoever.
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 failsto. 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
SUBRECIP1ENT's control, acquired or improved in whole or in part with CDBG Funds (including
CDBG Funds provided to the SUBRECIPIENT in the form ofa 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.
2016.1
13
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 anytime 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 toall 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
action, any conditionsrelating 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 mayterminate 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
14
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, andshall not be; construed to limit the Department's
right to legal or equitable remedies.
ARTICLE X
MISCELLANEOUS PROVISIONS
10.1 INDEMNIFICATION. The Sub -recipient 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 -Sub -
recipient and persons employed or.utilized by Sub -recipient in the performance of this Contract.
Sub -recipient 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%oremployees 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 claiin or demand, the Sub -recipient shall, upon written notice from the City, resist arid defend
such action or proceeding by counsel satisfactory to the .City. The Sub -recipient expressly
understands_ and agrees that any insurance protection required by this' Agreement or otherwise
provided by the Sub -recipient shall in no way lirnit 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 Sub -recipient 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 broughtagainst the City whether performed by the Sub -recipient, or
persons employed or utilized by Sub -recipient.
This indemnity Will survive the cancellation or expiration of the Agreement. This indemnity will
be interpreted under the laws of the State of Florida, includingwithout limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as
applicable.
Zoi�1 15
The Sub -recipient shall require all Sub -contractor agreements to include a provision that they will
indemnify the City.
The Sub -recipient 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 SUB -RECIPIENT in which the
City participated either through review or concurrence of the Sub -recipient's actions. In reviewing,
approving or, rejectingany submissions by the Sub -recipient or other acts of the Sub -recipient; the
City in no way assumes or shares any responsibility or liability of the Sub -recipient or Sub -Sub -
recipient 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 thatall 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
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 C1TY'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 orresponsibilities 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.
20161
16
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.CFR200 Subpart D, "Post Federal Award Requirements."
10.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
SUBRECIP1ENT ,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 heretato-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:
10.1.1.1 All notices or other communications whichshall 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
George Mensah, Director
Department of Housing & Community Development
One Flagler Building
14 NE 1" Avenue, Second Floor
Miami, Florida 33132
SUBRECIPIENT
The START Program, Inc..
401 FLORIDAAVE
Miami, FL 33133:
10.11.2 Title and paragraph headings are for convenient reference and are not a part ofthis
Agreement.
2016.1
17
1.0.11.3 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 toconformwith 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
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, includingall understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of the SUBRECIP1ENT 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
ajury 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.
I0.16 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:
:016.1
18
■ 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 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 therein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement, upon request.
•,QI ,1
19
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.
SUBRECIPIENT
The START Program, Inc.
3461 FLORIDA AVE
Miami, FL 33133
a Florida not -for -profit corporation
AUTHORIZED REPRESENTATIVE: ATTEST:
Title:
Phyllisellinger
xecutive Director
Date: 11 /01 /2021
CITY OF MIAMI, a municipal
Corporation of the State of Florida
cti*.
ur Noriega V Date: 'Todd B. Hannon
City Manager City Clerk
1 >1
Naine:
Title:
Ck(J
Corporate Seal: ..t,r:".;ittKIMe 1.Yn.SM3272ttt�
Commissbn R GGS 61
Expires August 2, 2023
' Of rJ B .d nru BARS Na nSarAros
Date: t1/I
20s21
ATTEST:
APPROVED AS TO INSURANCE
REQUIREMENTS
Digitally signed by Gomez,
Frank
Gomez Frank
i Date: 2021.11.02 13:58:53
-04'00'
Ann -Marie Sharpe
Risk Management
Date:
Date:
I t i-{ taoaa..
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mend
City Attorney21-2706
Date:
20161
20
City of Miami
Legislation
Resolution: R-21-0422
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10783
Final Action Date: 10/14/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN
THE AMOUNT OF $524,999.30 FROM THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT TO THE AGENCIES AND/OR DEPARTMENTS
SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC
SERVICE ACTIVITIES FOR PROGRAM YEAR 2021-2022; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS,
AMENDMENTS, RENEWALS, 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.
WHEREAS, pursuant to Resolution No. R-21-0388 adopted September 23, 2021, the
City Commission allocated Program Year ("PY") 2021-2022 Community Development Block
Grant funds in the Public Service program categories, allocating an amount of $524,999.30
("Funds") to the Department of Housing and Community Development ("HCD"); and
WHEREAS, the Funds need to be reallocated to the agencies and/or departments,
specified in Exhibit "A," attached and incorporated, for public service activities; and
WHEREAS, the City of Miami's Administration recommends the reallocation of the
Funds from HCD to the agencies and/or departments specified in Exhibit "A," attached and
incorporated, for public service activities for PY 2021-2022.
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 reallocation of the Funds from HCD to the agencies and/or departments
specified in Exhibit "A," attached and incorporated, for public service activities for PY 2021-2022
is authorized.'
Section 3. The City Manager is authorized' to negotiate and execute any and all
necessary documents, including agreements, 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.
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 1 of 2 File ID: 10783 (Revision:) Printed On: 10/19/2021
File ID: 10783
Enactment Number: R-21-0422
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
dez, tto ey 10/4/2021
City of Miami Page 2 of 2 File ID: 10783 (Revision:) Printed on: 10/19/2021
EXHIBIT "A"
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CDBG Public Service Reallocation PY:2021-2022
Agencies/Department
Description of Services
CDBG Funding
PY:2021.2022
Allapattah Community Action
Elderly Meals
$186,799.82
Boys & Girls Clubs of America
Youth Service
$4,000.00
De Hostos Senior Center, Inc
Elderly Meals
$18,000.00
Family Action Network Movement, Inc.
Youth Service
$28,000,00
Girl Power Rocks, Inc.
Youth Service
$30,175.00
Greater Miami Service Corps.
Youth Service
$30,000.00
Multi -Ethnic Youth Group Association, Inc.
Youth Service
$30,000.00
St. Alban's Day Nursery, Inc.
Child Care Service
$30,000.00
The Liberty City Optimist Club of Florida, Inc.
Youth Service
$60,000.00
The Start Program, Inc.
Youth Service
$20,000.00
The Association for Development of the
Exceptional, Inc.
Handicapped, Mental Health, Elderly
Services
$16,402.00
Thelma Gibson Health Initiative
Employment Training
$66,000.00
Department of Housing &Community
Development
To be allocated
$5,622.48
TOTAL CDBG PS PY:2021.2022
$524,999.30
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.
SUBRECIPIENT
The START Program, Inc.
AUTHORIZED REPRESENTATIVE:
Phyllis=ellinger
Title: "Executive Director
3461 FLORIDA AVE
Miami, FL 33133
a Florida not -for -profit corporation
Date: 11 /01 /2021
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Arthur Noriega V
City Manager
Date:
APPROVED AS TO INSURANCE
REQUIREMENTS
Digitally signed by Gomez,
Gomez Frank Frank
� Date: 2021.11.0213:57:48
-04'00'
Ann -Marie Sharpe
Risk Management
Date:
ATTEST:
Yl s 1
Nahie: �++
Title:
Corporate Seal:
ATTEST:
Date: I I/ I 1,?cs*7
<4". KIMBERLY N. SMITH
Commission t GG 327261
Expires August 2, 2023
o, Bad4flruBubo Notary Sorkin
Todd B. Hannon
City Clerk
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
Min,
Ba rna by
Victoria Mendez
City Attorney
Digitally signed by
Min, Barnaby
Date: 2021.12.27
16:07:34 05'00'
Date:
20161
20
(-1 R'i"I F1 :ATE OF CORPORATE RESOLUTION
At '('I1ORIZING AGREEMENT
I. 1`or Minot's. Sccrctars of The START Procram's Ioard, organized and existing under the laws of The
Stan � 1:1.1or4la and having its principal place of business at 3307CGrand Avenue, kliatni Florida 3313
hcrch. ccrtils that the folios% inc is a true cope of a resolution adopted hy the Roard of Directors of the
t c r1x Cation at a meeting eons coed and held on Scowl/111er 8'". 2021 at which a quorum was present and
',ning throughout and that such resoluti m is now in full force and effect and is in accordance with the
pro\ isions of the charter and by-laws of'the Corporation.
RI:SOI.\'I.[); That the I-..xecu veJjjtor of the_Corpsration, Phyllis Bellint q. is hereby
authorized to sign on behalf of the Corporation The City of Miami. Florida Department of
Community Development and I lousing Community Development Block Grant ("CDI5G')
-emcnt for `l he START Program. The effective dales for the Agreement arc October 1. 2021
through Septcnnber 30. 2022.
ecru fs that this C, ration is duly organized and existing. and has the poss'cr to take the action
r h,. the f orcactinir resolution.
i
Witus n hand seal of this corporation on this ll''` da) of September . 202I .
month) ear)
EXHIBIT B
WORK PROGRAM
YOUTH SERVICES PROGRAM
National Objective:
1. SUBRECIPIENT understands that the National Objectivefor this activity is assistance to
low to moderate income personsby serving a limited clientele as defined in 24 CFR
570.208(a)(2) and that the. HUD matrix code associated with this activity is:
05L (Childcare Services) is defined as s service s that will benefit children under the
age of13.
Scope of Services:
1. SUBRECIPIENT will provide youth services and related services to :eligible program
participants from 'October 1, 2021 to September 30, 2022 with fiinding from the 2021-'
2022 CDBG Program Year.
2. SUBRECIPIENT will provide youth services to eligible program participants on the
following days and time:
X Mo y, X Tuesday, Wednesday, Thursday, Frida for a total of
I�ogram days between:30 AM and to.:3D AM to o�O
eligible participants, at the following site(s):.
The START Program, Inc. - 3807 Grand Avenue, Miami, FL 33133
Monday —Frdety
During 14.� afterschool or/and th 29 summer *' 1
01 r w : r
Other tasks to be performed by the SUBRECIPIENT in_connection with the provision of childcare
services include, butare not limited;to, the following:
3. Perform eligibility determination: (24CFR 570.208(a)(1)(i) and 24CFR 570.506)
A. Only children and family meeting the following criteria will be considered eligible
program participants:
a. Reside in the City of Miami
b. A member of a low (extremely low to low) income household
c. Ages 13 to 19 years old
B. SUBRECIPIENT must keep in file proof of the. information listedbelow demonstrating
that each program participant is eligible to receive program benefits:
a. City of Miami Public Service Application
b. Parent current picture identification
c. Proof of Participant's Age
i. Legible copy of a birth certificate
ii. School registrar information for active school year
d. Proof of living in the city and the district
i. School registrar inforration for active school year
1. Also include the following print outs from the below two links:
a. https://www.miamidade.gov/pa/property search.asp
i. Folio # must begin with 01- to be consider a City
of Miami resident.
b: https://W w.miamigov,com/Services/Your-
Neighborhood/Find-My-CominissionerDistrict-Map
e. Current HUD Incoine Limits Chart (At the time of client intake.)
i. https://www.huduser.gov/portal/datasets/il.html
f. Proof of Household. Income (Any one of those documents will suffice.)
is .School registrar information showing meal. qualification status (for
active school year)
ii. Pay Stub (not older than 90 days- 3 months of paycheck stubs)
iii. Bank 'Statement showing direct deposit amounts (not older than 90 days)
iv. Employer Statement / Letter (not older than 90 days)
v. Social Security Statement
vi.. Medicaid Cards
Section 8 certification
viii. AFDC / Food Stamp Authorization Statement
'ix. Latest Income Tax Return
g. Proof of Legal Residency:
i. Last five (5) digits of clients SSN must be clearly written on application.
ii. If illegal aliens, application must indicate their legal status
SUBRECIPIENT may replace program participants who stop receiving program benefits by
providing the information required in items 4 a. and b. for the new participant. SUBRECIPIENT
Will not invoice the City of Miami until the proposed participant is certified as eligible by the City
of Miami.
4. At all times, maintain facilities in conformance with all applicable codes, licensing, and
other requirements for the operation of day care center and/or youth center. The facilities
must be handicapped accessible.
5.. Procure services and equipment 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 programs, provide a range of structured social, educational and cultural
enrichment activities appropriate to the age group being served.
7. Maintain program and financial records documenting the eligibility, attendance, provision
of services, and SUBRECIPIENT expenses relative to the youth services as a result of the,
assistance the CDBG program.
8. 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 participant, type of service provided (after school or full
day), the last five digits of the participant'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..
Authorized Representative Signature:
1"
% int lame' Phytl s Bellinger
itle: Executive Director
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The. foregoing instrument was acknowledged before me by means of physical presence or ❑ online:
notarization, this '1st day of November 20 21 r by
Phyllis Bellinger, Executive Director of The START Program, . Inc:, a Florida Not For Profit
Corporation; on behalf of the corporation. His eersonally known to meor has produced
as identification.
[Notary Seal]:
esof6 ;' , 'KIMBERLY N. SMITH
Commission # GG 327261
Expires August2;2023
'For FtioQ' Bonded Thru BurVitNarysENcca
ignature of Noia
EXHIBIT C
COMPENSATION AND BUDGET SUMMARY"
YOUTH SERVICES PROGRAM
A. The maximum compensation under this Agreement shall be S 20.000.00.
B. _SUBRECIPIENT's Budget Narrative, Staff Salary Schedule and Cost Allocation are attached
hereto and made part of this Agreement.
C. All payments shall be for services provided Only during the term of this Agreement and in compliance
with the previously approved Work Program (Exhibit B) and Program Budget.
D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should
be submitted to the CITY by the 10th of the following month to the following email address
hcdrequest@miamieov.com. After the indebtedness has been incurred in a form provided by the
Department. Failure to comply with these tiine frames for requesting reimbursement/payment may
result in the rejection of those invoices within the reimbursement package which do not meet these
requirements.
E. Each writtenrequest for payment shall contain a statement declaring and affirming that 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.
F. 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. 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.
G. 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.
H. 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.
I. 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 Representative Signature:
•
Print
Title: E
ame: Phylli , Bellinger
ecutive Director
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means o
1st day of November 20 21 by Phyllis
Program, Inc., a Florida NotForProfit Corporation,9n
me or has produced / as
[Notary Seal]: e . w a
KIMBERLY N, SMITH
Commlcsion rO GG 327261
Expires August 2, 2023
likegeottra %tilt Notary SeM=
'physical presence or o online notarization, this
ellinger . ,• _tor of The START
of the corporation. He/she is personally known to
ntification.
i f t
Signature +fl otary
CITY OF F MIAMI
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT.
ITEMIZED BUDGET NARRATIVE
Agency: -The; STARTProgram;:Inc.
Contract Period: OCTOBER 1, 2021 - SEPTEMBER 30.2022
s Funding Source: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
LINE ITEM
DESCRIPTION
AMOUNT
460
Space Rental
S17,123.40
300
General Liability Insurance
$2.876.60
GRAND TOTAL:
S20,000.00
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Agency: The START Program, Inc.
STAFF SALARY SCHEDULE
Period Covering: October 1, 2021:-.Septcrnbcr 30,, 2022'.
Employee'Name
Position Title
Social
Security; Last
Ethnicity.
Type of
Cmploycc.
Pt/Ft
Period
Budgeted
Pay Periods
Annual
Gross .
Salary
Total Salary
Pcr Pay;Period .
Perccntof
Salslry. •
(:harged to
en ,
Total;Antount
Charged'to
City-
rnari-,
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
I
Total:
$0.00
BUDGET FORM II
1OF1
Agency: The START Porgram, Inc.
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
COST ALLOCATION PLAN
Period Being Cost Allocated: October 1, 2021 - September 30, 2022
Example Effective Date(s):
6/1/19-5/31/20
10/1/19-9/30/20
6/1/19-5/31/19
1/1/19-12/31/19
Example Line -Item Description
%
CDBG
%
MD 'l'rust
%
SHIP
%
Donors
%
Total
Example 100 Reni
23.81
500
38.095
800
23.81
500
1-1.29
300
100
82,100 00
Effective Date(s):
Line -Item Description
%
CDBG
°%°
Fidelity Charitable
%
Private Donor
%
Real Estate Investors. LLC
%°
Total
100 STAFF SALARIES
$0.00
101 STAFF FICA
$0.00
102 STAFF MICA
$0.00
103 STAFF WORKERS COMP.
$0.00
104 STAFF UNEMPLOYMENT COMP
$0.00
105 STAFF GROUP HEALTH INS.
$0.00
200 PROFESSIONAL SERVICES
$0.00
203 AUDIT COST
$0.00
300 GEN. & AUTO LIABILITY INS.
93.2
$2,876.60
6.8
$208.40
$3,085.00
350 TELEPHONE/INTERNET
100
$3,060.00
$3,060.00
360 ELECTRICITY
too
$1,263.12
$1,263.12
380 WATER & SEWER AND GARBAGE
too
$200.00
$200.00
410 EQUIPMENT MAINT.
$0.00
411 BLDG. MAINTENANCE
$0.00
450 EQUIPMENT RENTAL
$0.00
460 SPACE RENTAL
50
$17,123.40
50
517,123.40
$34,246.80
501 POSTAGE
$0.00
502 PRINTING OUTSIDE
$0.00
504 ADVERTISING
$0.00
507 MEMBERSHIP(S)
$0.00
510 LOCAL TRAVEL
$0.00
511 OUT OF TOWN TRAVEL
$0.00
521 OFFICE SUPPLIES
$0.00
522 PROGRAM SUPPLIES
523 COMPUTER SOFTWARE
$0.00
600 LICENSE & PERMITS
too
$400.00
700 TRAINING
$0.00
800 CAPITAL OUTLAY EQUIP.
$0.00
900 OTHER GRANT FUNDERS CHARGES
too
$17,928.48
GRAND TOTAL:
$20,000.00
$20,000.00
$3,060.00
$17,123 40
$41,854.92
BUDGET FORM III
1 OF 1
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative. Agreements
The undersigned, certifies to the best of his or her knowledge arid belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by oron 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, themaking 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 ari 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 Yederal 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-recipientsshall 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 Representative Signature:
•
Pint ime: Phyilli4 Bellinger
.pyj kpAols.,) tj
rtle: ecutive Director
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF IVIIAMI-DADE
The foregoing instrument was acknowledged before me by means of El physical presence or ❑
online notarization, this 1st day of November 20 21 by
Phyllis Bellinger., Executive Director of The START Program, Inc.
a Non -Profit 501C(3) corporation, on behalf' of the corpo ation. He/she is personally known to
me or has produced *ss identifications
4e Pt*, KIMBERLYN. SMITH
[Notary Seal]: * Commlzslon#GG327261,
Expires August2,2023
14.0►ILe exam T ru Buda tNofay9aMc.s
Signature of
ry
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) transactionor 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;
e. 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/proposaI 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 Representative Signature:
q,(),L 66)?;9,AAA01-A
Ptlint I�tHme: Pfiyltis Bellinger
Title: J Executive Dii'eotor
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF. MIAMI-DADE
The foregoing instrument was acknowledgedbefore me by means of 6' physical presence or 0
online notarization, this 1st day of November 20 21 by
Phyllis Bellinger, Executive • Director of The START Program, Inc.
a Non -Profit snlotal corporation, on behalf of the co .o ation. He/she is personally known to
identifi(cat•n.
Signature on
me or has produced
[Notary Seal]:
KIMBERLY N. SMIM
Commission # GG 3272$1
e7 Explres August 2, 2023
4orricfr 13464•41NuBusx1441rr6M:a
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 Kimberly Smith
by Phyllis Bellinger, Executive Director
(Print this individual's name and title)
The START Program, Inc.
for
(Print natne of entity submitting statements)
whose business address is 3807 Grand Avenue Miami, Florida 33133
and if applicable_is Federal Employer Identification Number (FEIN) is 47-1606513
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 aviblation 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
servicesto 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. 1 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 faciecase that one
person controls another person. A person who knowingly enters into a jointventure with aperson
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" asdefined 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. (Pleases indica'te&with=an, E"X"::which? statement
applies):
x Neither the entity submitting this sworn statement, .norany 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 theentity, 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 withand 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:
tnt '; me:
Title:
(6d 40,9A.
Executive Director
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of M physical presence or 0
online notarization, this 1st day of November 20 21 by
Phyllis Bellinger. Executive Director of. The START Program. Inc.
a Non -Profit 501C(3) corporation, on behalf of the corpor tion. He/she is ' ersonall known to
me or has produced . identificatii .
1I
KIMSERLYN. SMITH
[Notary Seal]: Commission M GG 327261
Expires August 2,2023
'+oF flop eooaaa Tbru Noi.y SWIM
/1
Signature of tary
Exhibit G
INSURANCE REQUIREMENTS
PUBLIC SERVICE AND ECONOMIC
DEVELOPMENT PROGRAMS FOR
HOUSING & COMMUNITY DEVELOPMENT
I. Commercial General Liability (Primary & NoniContributory)
A. Limits of Liability
Bodily_ Injury and Property Damage Liability
Each Occurrence $300,000
General Aggregate Limit $600,000
Products/Completed Operations $30.0,000
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 atithorized 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 causedby 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 2"'' Avenue
Miami, FL 33130
`THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO
SOLICIT ADDJTIONAL 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 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.
Authorized Representative Signature:
rint ame:
)'itle:J
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of physical presence or ❑
online notarization, this 1 day of November 20 21 by
Phyllis Bellinger Fxprl dive riirectoi. Of The START Program, Inc.
a Non -Profit 501C(3) corporation, on behalf of the .cor
me or has produced
[Notary Seal]:
KIMBERLY N, SMITH
Commission # GG 327261
Expires August 2.2023
130(40 Tiro Budget Nolin Senk/t
ation. He/she is personally known to
s identification,
Signature of
THESTAR-01 LJONES
A��- ®- CERTIFICATE OF LIABILITY INSURANCE t)ATE(MMJDD/YYYY)
6/16/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NORIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER:THE COVERAGE AFFORDED BY THE POLICIES.
BELOW." THIS CERTIFICATE OF -INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE.OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the"policy(ies) must have ADDITIONAL INSURED provisions or be
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 License # L094577 CONTACT
Seeman Holtz Property & Casualty, LLC PHONE
521 East SR 424 (ac. No, Ex!): (407) 682-6800
Longwood, FL 32750
INSURED
The Start Program, Inc .
3807 Grant] Ave
Miami, FL 33133
EMDREAIL SS'�seema-
csr nholtz c com
.ADP
FAX No): (561) 451-4532
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A:Alliance Of Nonprofits For Insurance 10023
INSURER B
INSURER C :
INSURER D :
INSURER E
INSURER F
COVERAGES
CERTIFICATE 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 DOCUMENTWITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED' HEREIN I5 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR € TYPE OF INSURANCE IADDL•SUER
LTR = INSD: WVD
pOUCY NUMBER i POLICY EFF ' POUCY EXP ;
(MM(DDKYYYI I (MWDDrYYYY1 - LIMITS
A ' X
_.....
X
COMMERCIAL GENERAL
CIAII,iS-PtADE
Commercial
I X OCCUR
X I
I
2021-42660
j
1 000,000
EACH OCCURRENCE $ '
"6/20/2021 ' 6/20/2022 i PRE! S 5(eatacurrence), s 500,000
Liquor Li
ngED EXP (w y one parson) $ 20,000
_GEt,"L
X
' PERSONAL BADVINJURY ' S 1,000,000
AGGREGATE LIMIT APPLIES
GT
1 POLICY ;� JE1
I OTHER!
PER;
LOC
GENERAL AGGREGATE S 2,000,000
PRODUCTS - COMP/OP AGG ' S 2,000,000
S
A AUTOMOBILE
LIABILITY
ANY AUTO
OWNED
' AUTOS ONLY
I HIRED
AU, S ONLY
SCHEDULED
AUTOS
NON -OWNED
AUTOs ONLY
I
i
2021-42fi60
I
; COMBINED SINGLE LIMB 1,000,000
S
._ 1
6/20/2021 6/20/2022 _(Ea.accdentL
i BODILY INJURY (Pcrporson)__. S
X
_-_
__
BODILY INJURY (Per accident)._S
X
—,
PROPERTY DAMAGE
;(Per accident) $
S
,
'
UMBRELLA LIAR : OCCUR
I EXCESS LIAR I _- —CLAIMS•WADE
i EACH OCCURRENCE $
, AGGREGATE $
I QED I ' RETENTIONS
--_-" --
WORKERS COMPENSATION
�AND.EMPLOYERS'LlABtLITY
'ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, do$criao under "
DESCRIPTION OF OPERATIONS
Y,1N
N 1 A ;
i
i PER 1 OTH-
.... 1.STAIUTE_ I ER__:
E.L EACH ACCIDENT ' $
`
I
• E.L DISEASE - EA EMPLOYEE- S
below
' E.L DISEASE - POLICY LIMIT , $
A Social Services
A ,Professional Liab:
2021-42660
2021-42660
6/20/2021 • 6/20/2022 .Each,Occurrence 1,000,000
6/20/2021 , 6/20/2022 Aggregate 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if,more space is required)
General Liability: •
Blanket Additional Insured Endorsement - Automatic status when required by written contract or agreement. Coverage is Primary and Non -Contributory.
Improper Sexual Conduct and physical Abuso Coverage - Each Claim Limit $1,000,000 / General Aggregate Limit $2,000,000
Accident Insurance Coverage;
Accidental Death Limit 550,000; Accidental Dismemberment Maximum 550,000; Accidental Paralysis Limit 525,000; Aggregate Limit of Liability $1,000,000;
Excess Accident Medical $250,000. Covered Persons - Volunteers and Participants."
CERTIFICATE HOLDER
CANCELLATION
The City of Miami
444 SW 2nd Avenue
Miami, FL 33130
SHOULD ANY OF THE E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
49G)iUL &sail
ACORD 25 (2016/03)
@ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
The START Program
3807 Grand Avenue
Miami, Florida 33133
November 1, 2021
City of Miami Department of Housing and Community Development
444 SW 2"d Avenue
Miami, Florida 33130
To Whom It May Concern:
This letter is being written to serve as an official declaration that The START Program, Inc. does
not have employees and therefore is not required by law to carry Worker's Compensation
Insurance.
Additionally, The START Program, Inc. (TSP) does not own any vehicles. In order to
accommodate our transportation needs we hire vehicles; thus, we carry Non -Owned Auto
Liability Insurance.
4 Sincerely,
yllis nger
rA Executive irector
The START Program, Inc.
786-316-2991 (cell)
Phone: (786) 212-1161
Email: startprogram10(i/4- nail.enin
Website: www.thestartprouram.ti3g
start program
Authorized Representative Statement
City of Miami —Department of Housing and Community Development
Provide the name(s) and telephone number of the person(s) who has been designated the responsibility within the
following areas:
Position
Name Telephone #
Chairman of the Board
Executive Director
Project Director
Affirmative Action Officer
Personnel Officer
Fiscal Management Officer
Jerry Junious
Phyllis Bellinger
Phyllis Bellinger
Phyllis Bellinger
Phyllis Bellinger
Dudley Thomas
I. Persons Authorized to Sign Checks
Name: Phyllis Bellinger Name:
Title: Executive Director Title:
Phone: 786-316-2991 Phone:
Signature:
305-302-3595
305-316-2991
786-316-2991
786-316-2991
786-316-2991
786-212-1161
Dudley Thomas
Treasurer
786-212-1161
Signature: `'4�fy'
V
II. Person(s) Authorized to Sign Reimbursement Packages
Name:
Title:
Phone:
Signature:
Phyllis Bellinger
Executive Director
786-316-2991
Name:
Title:
Phone:
Signature:
III. Persons Authorized to Sign Contracts
Name:
Title:
Phone:
Signature:
Phyllis Bellinger
Executive Director
786.316-2991
Date: 11/01/2021
0*pr rut,* KIMBERLY N. SMITH
Cemmteslon: GO 327261
411
* ' Expires Aucust 2, 2C23
"EOI RGF E744C Pvu E:;Jir, Notry Sonte
Name:
Title:
Phone:
Signature:
Dudley Thomas
Treasurer
786-212-1161
Page l of 1
R04Certification of Sound Fiscal Management PAGE1 of
City of Miami — Department of Housing & Community Development
We, Phyllis Bellinger As the Executive Director, and Dudley Thomas
(Full Name) (Full Name)
As the Chief Financial Officer of The START Program. Inc. , acknowledge that as a condition of
(Organization)
Receiving funds from the City of Miami, have the need to establish and maintain sound financial and
Fiscal controls and management systems. We hereby certify that The START Program. Inc.
(Organization)
has established internal controls which are adequate to safeguard the assets of the agency, monitor the
accuracy and reliability of accounting data, promote operating efficiency and insure compliance with
prescribed policies and procedures.
Executive Director
Name: Phyllis Bellinger Name:
Date: 11/01/2021 Date:
Signature:
Chief Financial Officer
Dudley Thomas
11/011an21
I am a duly licensed certified public accountant and have been engaged to review the accounting systems
of , which is a private ( profit/ _non-profit) organization
(Organization)
that will operate programs for the City of Miami. 1 have reviewed the financial systems that this agency
Has established. This review was completed on . At the time of review, the
(date)
Agency had established internal controls which were adequate to safeguard the assets of the agency, monitor the
accuracy and reliability of accounting data, promote operating efficiency, and insure compliance with prescribed
management policies.
Name of Fimi
Typed Name of Accountant
Date Signature of Accountant
If any modifications are required to this certificate due to the nature of the engagement between the Agency and the
C.P.A., attach a substitute report as explanation.
Page 1 of 2
LL R 4 Certification of Sound Fiscal Management PAGE 2of2
City of Miami — Department of Housing & Community Development
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means ofXphysical presence or ❑ online notarization,
this 1st day of November 20 21 by Phyllis Bellinger. Executive Director of
The START Program, Inc. , a Non -Profit 501C(31 corporation, on behalf of the
corporation. He/she is personally known to me or has produced as
identification.
(Notary Seal]:
+Poef NU, KIMBERLY N. SMITH
•
# Commission # GG 327261
Expires August 2, 2023
?Ao! ionOd Tw 1344got Notify 5.nica
iL
Signature bf otary
Page 2 of 2
RQ9Disability Non -Discrimination Certification PAGE 1of1
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies that it is in compliance with and agrees to continue to comply with, and assure that any
subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed
above including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction in the following laws:
The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104, Stat. 327, 42 U.S.C. 12101-12213 and 47,
U.S.C. Sections 325 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations
and Services Operated by Private Entities; Title IV, Telecommunications, and Title V, Miscellaneous Provisions; The
Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The
Fair Housing Act as amended 42 U.S.C. Section 3601-3631.
The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof,
the State of any political subdivision or agency thereof or any municipality of this State.
Agency Name:
The START Program, Inc.
Phyllis Bellinger
Printed Name of Certifying Representative
gnat? e of Certify ng Representati
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Executive Director
Title of Certifying Representative
11 /01 /2021
Date
The foregoing instrument was acknowledged before me by means ofX physical presence or 0 online notarization,
this 1st day of November
The START Program, Inc.
2021 by Phyllis Bellinger, Executive Director of
a Non -Profit 501C(3) corporation, on behalf of the
corporation. He/she is personally known to me or has produced as
identification.
(Notary Seal]:
"Vt./kb KIMBERLY N. SMITH
Commission * GG 327261 , J'
lso Expires August 2, 2023
1t�
Signature of otary
Page 1 of 1
!ROI° Drug Free Workplace Certification
PAGE1 of
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies that it will provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions
that will be taken against employees for violations of such prohibition;
(2) Establishing a continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
Giving all employees engaged in the performance of the Contract a copy of the statement required by
subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1), that as a condition of
employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation
occurring in the workplace no later than five (5) calendar days after such conviction;
(5) Notifying City of Miami government in writing within ten (10) calendar days after receiving notice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include
the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction, taking one of the
following actions with respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency;
and
(3)
(7)
Making a good faith effort to maintain a drug -free workplace program through implementation of subparagraph (1)
through (6).
Agency Name:
The START Program, Inc.
Phyllis Bellinger
Printed Name of Certifying Representative
ignare of Certify
g Representative
Executive Director
Title of Certifying Representative
11/01/2021
Date
Page 1 of 2
Li10 Drug Workplace Work lace Certification
PAGE2of2
Certification for Contracts, Grants, Loans, and Cooperative Agreements
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of O physical presence or 0 online notarization,
2021 y 8 Executive Director
by ph IGS Rr+llin Pr of
, a Non -Profit 501C(3) corporation, on behalf of the
corporation. H=EME s personally, known to me or has produced as
identification.
this 1st day of November
The START Program, Inc.
���`�,Y.',�tr�, KIMBERLYN.SMITH
[Notary Seal]: Commissfon#GO327261
Expires August 2, 2023
?onto* Bad.d1rjB:dp.tNatty i«Ht»i
Signature of otary
Page 2 of 2
9.442