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24475
AGREEMENT INFORMATION AGREEMENT NUMBER 24475 NAME/TYPE OF AGREEMENT ALLAPATTAH COMMUNITY ACTION, INC. DESCRIPTION GRANT FUNDING AGREEMENT/CONGREGATE MEALS PROGRAM/FILE I D : 13762/R-23-0168 EFFECTIVE DATE May 9, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 6/5/2023 DATE RECEIVED FROM ISSUING DEPT. 6/5/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: ALLAPATTAH COMMUNITY ACTION, INC. (ARPA) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $203,500.00 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): ARPA GRANT FUNDING AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Execution of ARPA Grant Agreement with Allapattah Community Action, Inc. (ARPA, D1), to support the operation of the organization's Congregate Meals Program. The organization will be purchasing two (2) transportation vans and partially funding meals. COMMISSION APPROVAL DATE: 04/13/2023 FILE ID:13762 ENACTMENT NO.: R-23-0168 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR May 22, 2023 I 01:00:16 EDT PRINT: MARIE SIGNATURE: "MAGGIE" GOUIN �DocuSigned by: ��i___ SUBMITTED TO RISK MANAGEMENT May 22, 2023 I 07:22:43 EDT PRINT: ANN-MAID§ SIGNATURE: ;7SfRPE �DocuSigned by: Firaank apw,u,>) ocuS1gnetlbV SUBMITTED TO CITY ATTORNEYU' QU��A June 1, 2023c 1 23:56:43 EDT PRINT: VICTIESMiElVbEZ SIGNATURE: PRINT: LARRVS'ViNs' SIGNATURE: PRINT: ARTHUIVNMEGA SIGNATURE: �DocuSignetl by: �DocuSignetl by: (Awn spri4 V. DocuSigned by: �._fL ,_ �c O ICU i'Tul''850CF6C372DD42A RECEIVED BY CFO/ ASSISTANT CITY MANAGER June 2, 2023 1 09:49:28 EDT APPROVAL BY CITY MANAGER June 2, 2023 1 10:36:46 EDT ATTESTED BY CITY CLERK June 5, 2023 1 10:02:19 EDT PRINT: TODD SIGNATURE: B. HANNON DoeoSignetl by: F46D7560DCF14 9 PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD CITY OF MIAMI, FLORIDA OFFICE OF MANAGEMENT AND BUDGET THE AMERICAN RESCUE PLAN ACT OF 2021 ("ARPA") GRANT FUNDING AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this MAY 9th day of , 2023, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & ALLAPATTAH COMMUNITY ACTION, INC. a Florida Not for Profit Corporation (hereinafter referred to as the "PROVIDER"). FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): 21.027 EIN: 59-2000654 AMOUNT: $ 203,500.00 TERM OF AGREEMENT: See Section 3.2 PROJECT NUMBER: 40-A2-37-0005 DUNS® NUMBER: UNIQUE ENTITY MC75TTMKHZY1 IDENTIFIER (SAM.GOV): AGENCY'S ADDRESS: 2257 NW NORTH RIVER DR. MIAMI, FL 33125-2241 WITNESSETH Rev. 2.9.23 1 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD WHEREAS, the Scope of Work described in the Agreement are authorized through the Act and the Resolution, with funding from the United States Department of the Treasury; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROVIDER so that PROVIDER can purchase two (2) vans to transport its clients to and from the senior center located at 2257 NW North River Drive, and other errands as needed and to offset the cost of meals which have increased by $0.50 per meal. WHEREAS, the parties hereto have agreed to the teiius and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Scope of Services Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements Exhibit H Programmatic Reporting Requirements 1.2 DEFINED TERMS. As used herein the following terms shall mean: Funds: The $203,500.00 paid to PROVIDER in exchange for PROVIDER completing the activities described in the Scope of Work set forth in Exhibit B. Rev. 2.9.23 2 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Agreement Records: 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 PROVIDER or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Office of Management Budget or its designee. Federal Award: Any federal funds received by the PROVIDER from any source during the period of time in which the PROVIDER is performing the obligations set forth in this Agreement. Program: Allapattah Community Action, Inc. operates the Congregate Meals Program at a senior center located at 2257 NW North River Dr. The program serves very low to low-income elderly persons over 60 years of age with hot meals in a congregate setting and with access to essential viable services, designed to help them maintain a healthy and independent lifestyle. To continue achieving this goal, Allapattah Community Action, Inc is seeking funding to purchase two vans to transport its clients to and from the center and other errands as needed. Also, funding is sought to offset the cost of meals which have increased by $0.50 per meal., which is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by City of Miami's City Commission through Resolution No. R-23-0168 (the "Resolution") with funding from the United States Department of the Treasury, and as further described in Exhibit B. PROVIDER: The entity identified on Page 1 of this Agreement. The PROVIDER may also be referred to as the SUBRECIPIENT and both terms may be used interchangeably. Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS Rev. 2.9.23 3 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 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 Scope of Work submitted by the PROVIDER to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities and/or work to be carried out by the PROVIDER and the goals of the activities and/or work being provided. It should specifically describe the activities and/or work to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable objectives, provide metrics, define the who, what, where and when of the activities, work, and/or project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Services. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the PROVIDER under this Agreement. 2.1.3 A Statement of Need should be provided and, if available, it is recommended to provide any applicable data and source citations for said data. It should provide a description of the specific harm or need to be addressed, and why the harm was exacerbated or caused by COVID-19. It should also provide an explanation of why existing capital equipment, property, or facilities would be inadequate to addressing the harm or need and why policy changes or additional funding to pertinent programs or services would be insufficient without the corresponding capital expenditures. It should also provide a comparison of the proposed capital project against at least two alternative capital expenditures and demonstration of why the proposed capital expenditure is superior. 2.1.4 The Scope of Services should provide a Project/Program Objective which shall include the population being served and any applicable and available demographic information. 2.1.5 Identify any key factors ofthe Scope of Services that demonstrate why the activities and/or services are eligible for ARPA Funding. 2.1.6 If the Scope of Services uses evidence -based interventions, the PROVIDER must provide the evidence base for the interventions that are ARPA funded. PROVIDER shall identify the total dollar amount of the Award allocated towards evidence - based interventions in the Budget Summary identified in Section 2.2 of this Agreement. Rev. 2.9.23 4 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 2.1.7 The PROVIDER shall include an estimated project timeline for the activities and/or work identified in the Scope of Work. Said project timeline shall be in accordance with Section 3.2 of this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salary Schedule and a copy of all subcontracts. 2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROVIDER's corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 Copy of the PROVIDER's last federal income tax return (IRS Foiiii 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by the PROVIDER's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of the requirements contained under the Act and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement is the date that the City Clerk signs this Agreement ("Effective Date"). The term of this Agreement shall commence on the Effective Date and shall Rev. 2.9.23 5 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD expire on September 30, 2024, unless extended per written agreement by both parties. Pursuant to the Final Rule, the funds must be expended by December 31, 2026, and therefore this Agreement shall not be extended beyond said date. The term of this Agreement may be amended, modified, or subject to termination in the event the Final Rule amends the timeframe for which the funds must be expended. 3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the work and activities as prescribed in its Scope of Work, attached hereto and incorporated herein as Exhibit `B" ("Scope of Services"), which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by the Treasury and the CITY. 3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER is aware of and accepts the Act, the Final Rule, and the Programmatic Reporting Requirements, which is attached hereto and incorporated herein as Exhibit "H," (collectively, "Policies and Procedures"), as the official documents that outline the fiscal, administrative, and federal guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the event of the occurrence of any delays in the activities thereunder, the PROVIDER shall immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Work shall begin and/or continue. It is understood and agreed that the PROVIDER shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Services: ■ The modification or addition of any Scope of Services activities and/or work as listed in Exhibit B and/or the Itemized Budget. • Any out-of-town travel not specifically listed in the Itemized Budget ■ The disposition of any real property, expendable personal property or any non - expendable personal property. ■ The PROVIDER shall not sell, lease, dispose of, or transfer the vehicles purchased with the Funds for the five (5) years after the date the vehicles are purchased, without Rev. 2.9.23 6 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD the CITY's prior written consent, which may be withheld or conditioned in the CITY's sole discretion. ■ The use of Funds in any manner not specifically listed in the Itemized Budget. ■ The disposal of any Agreement Records. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the PROVIDER shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance indicating that the PROVIDER is in compliance with the provisions described in Exhibit "G" attached hereto and incorporated into this Agreement. Failure to comply with these Insurance Requirements shall constitute an event of default and the City may exercise any rights and/or remedies afforded to it pursuant to this Agreement, and/or afforded to it in law or equity. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROVIDER agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the PROVIDER are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture Funds in the event that the PROVIDER shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state, and local governments and/or agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for Program activities and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in rules, laws, federal guidance, rules, laws, and regulations. ARTICLE V AUDIT REQUIREMENTS Rev. 2.9.23 7 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit requirements: 5.1.1 If the PROVIDER expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) a) Single Audit. A single audit must be conducted in accordance with the applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the PROVIDER elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROVIDER expends Federal Awards under only one federal program and the federal program's statutes, regulations, or the terms and conditions of the Federal Award do not require a financial statement audit of the PROVIDER, the PROVIDER may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits." The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perfolui tests of internal controls over the Federal program consistent with the applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROVIDER has complied with Federal statutes, regulations, and the terms and conditions of Federal Awards that could have a direct and material effect on the Federal program consistent with the applicable requirements of 2 CFR 200.514(d); (iv) Follow up on prior audit findings, perfoiin procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the PROVIDER in accordance with the applicable requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the applicable requirements of 2 CFR 200.516 "Audit findings". Rev. 2.9.23 8 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the PROVIDER complied with laws, regulations, and the terms and conditions of Federal Awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROVIDER expends less than $750,000 in federal funds during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The CITY, however, may request the PROVIDER to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS Rev. 2.9.23 9 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to deteiiuine whether the PROVIDER has met the requirements of the Program. At a minimum, the following records shall be maintained by the PROVIDER: 6.1.1 Records providing a full description of each activity and/or work assisted (or being assisted) with Funds, including its location (if the activity has a geographical locus), the amount of Funds budgeted, obligated and expended for the activity/work or equipment, and the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that PROVIDER and/or its client(s) meets eligibility criteria set forth in the Policies and Procedures and the Resolution, and that such information is provided in the form required in same. 6.1.3 Financial Records, in accordance with the applicable requirements of the Final Rule. 6.1.4 Records required to be maintained in accordance with other applicable laws and regulations set forth in the Final Rule. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROVIDER's records, including project and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the PROVIDER at least until the expiration of the Retention Period. The PROVIDER shall maintain records sufficient to meet the requirements of the Final Rule. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROVIDER further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The PROVIDER shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. The parties hereto further agree that any of the obligations in this section will survive the term, termination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING Rev. 2.9.23 10 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE DEPARTMENT'S CUSTODIAN OF RECORDS AT THE OFFICE OF MANAGEMENT AND BUDGET, 444 SW 2ND AVENUE, 5' FLOOR, MIAMI, FL 33130. 6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when activities/work are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement. 6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Scope of Work or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The PROVIDER shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one (1) year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the PROVIDER shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Scope of Work for public purposes. 6.3.2 If the PROVIDER receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROVIDER shall provide a copy of each such report and any follow-up communications and reports to the Department Rev. 2.9.23 11 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROVIDER shall permit the Department and other persons duly authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, work, and activities of the PROVIDER which are in any way connected to the activities/work undertaken pursuant to the teens of this Agreement, and/or interview any clients, employees, subcontractors, or assignees of the PROVIDER. Following such inspection or interviews, the Department will deliver to the PROVIDER a report of its findings. The PROVIDER will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the PROVIDER's justification is acceptable. At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROVIDER shall ensure the cooperation of its employees and its board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping board of directors and an organization for which the PROVIDER is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the PROVIDER shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The PROVIDER shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis, a Scope of Services status report. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The PROVIDER shall maintain current documentation that its activities/work are Program eligible in accordance with the Act, the Final Rule, the Policies and Procedures, and the Resolution, all of which may be amended from time to time. 7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with Funds is an activity which provides benefit to eligible Program applicants under the Act and the Resolution. Rev. 2.9.23 12 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 7.3 The PROVIDER shall comply with all applicable provisions of the Act, the Final Rule, Policies and Procedures, and the Resolution and the PROVIDER shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 INTENTIONALLY OMITTED. 7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Scope of Work or its performance under this Agreement. Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Funds. 7.7 The PROVIDER shall carry out its Scope of Work in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 INTENTIONALLY OMITTED. 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act, the Final Rule, and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, Funds may not be used for religious activities. The PROVIDER shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the PROVIDER shall provide to the City an accounting of the Funds used during the Term of this Agreement and transfer to the CITY any unused Funds at the time of expiration/termination and any accounts receivable attributable to the use of Funds within five (5) business days from the expiration/termination of this Agreement. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) calendar days after the PROVIDER's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, Rev. 2.9.23 13 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD if the PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROVIDER shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible work, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion determine when activities/work are eligible activities/work pursuant to the Act, the Final Rule, the Resolution, and the Scope of Services. 7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following provision: "The PROVIDER is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROVIDER. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Work provided in this subcontract." 7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance of all contracts it enters into (and any subcontracts that may arise therefrom) in furtherance of the Scope of Services. 7.13.4 The PROVIDER shall submit to the CITY for its review and confiuiiiation any contract engaging any party to carry out any Scope of Services activities, to ensure its compliance with the requirements of this Agreement. The CITY's review and confirmation shall be obtained prior to the release of any funds for the PROVIDER' s contractor(s). 7.13.5 The PROVIDER shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROVIDER and its contractor(s) shall comply (when applicable) with the Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety - Rev. 2.9.23 14 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 8.1 The PROVIDER certifies that: (a) The PROVIDER possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. (b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROVIDER shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROVIDER and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and Rev. 2.9.23 15 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX INTENTIONALLY OMITTED ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the activities/work required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROVIDER, who shall be paid for eligible work completed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not be obligated and shall not pay to the PROVIDER any sum whatsoever. If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROVIDER, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity, work, or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current Funds committed to the PROVIDER. 10.1.4 Withhold further grants, loans, and/or other monies for the PROVIDER. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's operations and authority to obligate funds under this Agreement or withhold payments to the PROVIDER pending necessary corrective action by the PROVIDER. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: Rev. 2.9.23 16 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD (i) Ineffective or improper use of the Funds by the PROVIDER; (ii) Failure by the PROVIDER to comply with any term or provision of this Agreement; (iii) Failure by the PROVIDER to submit any documents required by this Agreement; or (iv) The PROVIDER's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the PROVIDER's authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROVIDER in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's de -obligates the funds allocated to fund this Agreement, the Department may teiiuinate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROVIDER pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROVIDER is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROVIDER to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY may, by written notice to the PROVIDER, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of Rev. 2.9.23 17 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The PROVIDER shall indemnify, hold harmless, and defend the CITY, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PROVIDER and persons employed or utilized by PROVIDER in the performance of this Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, harmless for, and defend the CITY, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the CITY, its officials and/or employees were negligent. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the CITY by reason of any such claim or demand, the PROVIDER shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep and save hauiiless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROVIDER to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the CITY 's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the CITY whether performed by the PROVIDER, or persons employed or utilized by PROVIDER. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY. The PROVIDER agrees and recognizes that the CITY shall not be held liable or responsible for any claims which may result from any actions or omissions of the PROVIDER in which the CITY participated either through review or concurrence of the PROVIDER's actions. In reviewing, approving or rejecting any submissions by the PROVIDER or other acts of the PROVIDER, the CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub - PROVIDER under this Agreement. Rev. 2.9.23 18 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the CITY. The PROVIDER agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROVIDER warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the PROVIDER or its employees must be disclosed in writing to the CITY. 11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." Rev. 2.9.23 19 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 11.11 GENERAL CONDITIONS. 11.11.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI Office of Management and Budget 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attn: Budget Director With a Copy To: Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Attn: City Attorney PROVIDER Allapattah Community Action, Inc. 2257 NW N. River Drive Miami, FL 33125 Attn: Miguel Del Rivero, Chairman 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. Rev. 2.9.23 20 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD 11.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 11.11.6 It is expressly agreed and by this statement specifically intended by the parties that nothing within this Agreement shall be construed as indicating any intent by either party to benefit any other entity or person not a party signatory to this Agreement by any provision or to entitle any such third party to any right of action on account hereof. 11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises out of the terms of this Agreement, each party shall be responsible for its own attorney's fees, costs, charges, and expenses through the conclusion of all appellate proceedings, and including any final settlement or judgment. 11.11.8 This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11.11.9 PROVIDER shall consult with the CITY regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval may be withheld in the CITY's sole discretion. 11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any Rev. 2.9.23 21 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The PROVIDER certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. The PROVIDER expressly acknowledges that it has read and understands each and every provision in this Agreement and has had the opportunity to seek the advice and representation of independent counsel. Furthermore, the PROVIDER expressly acknowledges that this Agreement is entered into in good faith and was not obtained by fraud, misrepresentation, or deceit. 11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or personal representative of the PROVIDER, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the PROVIDER, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE-OUT. When the CITY deteiiiiines that all required work under the Agreement has been completed or upon the expiration or termination of the PROVIDER Agreement, the CITY shall require the PROVIDER to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: • A final perfounance or progress report. ■ A financial status report. ■ A final request for payment. The PROVIDER shall submit said reports to the CITY within thirty (30) calendar days from the date of the expiration or termination of the Agreement or the PROVIDER receives notice from the CITY that all required work under the Agreement has been completed. Failure to provide these reports shall constitute an event of default and the CITY may avail itself to any remedies available to it under this Agreement or take such other action that the CITY may avail itself to in law or equity. Rev. 2.9.23 22 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Remainder of page intentionally left blank. Signatures on the next page. Rev. 2.9.23 23 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: ame• iguel Del Rivero Title: Chairman PROVIDER Allapattah Community Action, Inc. 2257 NW N. River Drive Miami, FL 33125 a Florida not -for -profit corporation ATTEST: i0J23 - 5)(Z3 Date: Name: Date: Title: 5e &re.A-G� e f /fets ,'' v^ Corporate Seal: CITY OF MIAMI, a municipal ATTEST: Corporation of the State of Florida cDocuSigned by: lubVl1 une 2, 2023 I 10:36:46 EDT 850CF6C372DD42A... Arthur Noriega V. Date: City Manager DocuSigned by: LDOooSigfled by �ne 5, 2023 1 10:02:19 EDT E46D7560DCF1459... Todd B. Hannon Date: City Clerk APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS:r—Ds DocuSigned by: DocuSigned by: [Irk poky 22, 2023 I 07:22:43 EDT ico, 2023 I 23:56:43 EDT 27395C6318214E7... F1 EF90AF6FE0457_.. Ann -Marie Sharpe Date: Victoria Mendez Date: Risk Management City Attorney Rev. 2.9.23 24 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT A CORPORATE RESOLUTION AUTHORIZING EXECUTION OF THIS AGREEMENT Rev. 2.9.23 25 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD CORPORATE RESOLUTION WHEREAS, the City of Miami has agreed to issue an ARP Grant to ALLAPATTAH COMMUNITY ACTION, INC., located at 2257 NW North River Drive, Miami, Florida 33125 WHEREAS, ALLAPATTAH COMMUNITY ACTION, INC., has agreed to accept this grant; and WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY ACTION, Inc., has examined terms, conditions, and obligations of the attached grant with the CITY OF MIAMI, and WHEREAS, The Board of Director of ALLAPATTAH COMMUNITY ACTION., at a duly corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ALLAPATTAH COMMUNITY ACTION, INC., that the Chairman and/or Secretary be hereby authorized to enter into the American Rescue Plan Grant Agreement in the name of and on behalf of this corporation, with the City of Miami IN WITNESS WHEREOF, this 27th day OF March, 2023 Armando Pomar Secretary/Treasurer SEAL DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT B SCOPE OF WORK (Detailed description of the Scope of Work must be provided for each service/program) Rev. 2.9.23 26 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT B SCOPE OF WORK (Detailed description of the Scope of Work must be provided for each service/program) We are planning to purchase two (2) 2023 Transit vans for at least 12 passengers before September 20, 2024. The $23,500 for meals represents a 4% of the total amount of meals provided by the agency. We will provide a total of 5,500 meals by September 30, 2024 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Program Interest Form (To be completed by Community Partners/Small-Business/Non-Profits) STATEMENT OF NEED: (reference data and cited sources recommended) Allapattah Community Action, Inc. Congregate Meals Program serves the poor low income elderly persons over 60 years of age with hot meals in a congregate setting and with access to essential viable services, designed to help them maintain a healthy and independent lifestyle. The program will also provide meals to homebound elderly whom due to limitations cannot attend a center. The agency has been providing services to low income minority elderly in the areas of City of Miami and Miami Dade County, all areas that are identified in the Projected Unmet Needs and Profile of the Elder Populations within the City of Miami Dade County. As a result of the area's vast poverty all of the program participants are from poor or low-income households and many qualify for low-income housing and government assistance. Most of the program participants are Hispanic and do not have a command of the English language nor the knowledge to complete basic governmental forms required to access fundamental resources. Allapattah Community Action will provide meals and supportive social, recreational and educational services year-round. Additionally, our agency will provide information and referral, screening and assessments utilizing DOEA tools, recreation, transportation, immigration assistance, education, nutrition services, planned wellness activities, and bulk food for their homes/residences. PROJECT/PROGRAM OBJECTIVE: (Include population being served and demographic profiles, if not already covered in Statement of Need) Already covered in Statement of Need ELIGIBILITY/REQUIREMENTS: • Provide any key factors or requirements for receipt of program funding or services 1. We have two vans to pick transport our clients to and from our center and to take them to errands as needed. Our vans are very old 2007 with 227,844 miles and 2013 with 102,729 miles Fords therefore we are spending exorbitant amounts in mechanical repairs to ensure that our clients and staff are safe We are requesting funds to purchase two passenger vans. 2. Our meals also increased $0.50 per meals and need funds to pay for the difference in price. EVIDENCE BASED INTERVENTIONS: 90,000 per Van (2 vans) 180,000 23,500 Difference in Meals Price ARPA - Statement of Interest for Funding (002) DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD • Does the program use evidence -based interventions? If so, provide the goals of the project, and the evidence base for the interventions funded by the project. Please identify the dollar amount of the total project spending that is allocated towards evidence -based interventions (in the budget) PROJECT TIMELINE: Start and End date of Programming and Services The project timeline should be within 6 months of receiving the funding MEASUREMENT METHODS/KPI: Provide Metrics and Goals of Program The goal is to improve the quality of the transportation and provide our elderly with the care that they deserve on a day to day TOTAL FUNDING REQUESTED: 203,500.00 Additional Information/Comments: ARPA - Statement of Interest for Funding (002) DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT C COMPENSATION AND BUDGET SUMMARY A. The maximum compensation under this Agreement shall be $203,500.00 and shall be disbursed as follows: a. The not to exceed of $203,500.00 shall be disbursed, in one (1) lump sum, to the PROVIDER in FY 2022-2023. B. PROVIDER's Itemized Budget, Cost Allocation, Vehicle Estimates/Offers, Budget Narrative, Personnel, position title and compensation are attached hereto and made part of this Agreement. C. All payments shall be for activities/work completed only during the term of this Agreement and in compliance with the previously approved Scope of Work (Exhibit B) and Program Budget. D. Requests for payment should be submitted to the CITY to the following email address arpareimbursements@miamigov.com in a folui provided by the Department. Failure to comply with these terms or requirements for requesting payment may result in the rejection of the request for payment. Upon commencement of the term of this agreement PROVIDER must register as a City Supplier through the following web portal: https://www.miamigov.com/Business- Licenses/Doing-Business-with-the-City/Register-as-a-City-Supplier-Vendor. PROVIDER may enroll in Direct Payment with the CITY. The DEPARTMENT can provide additional information for the PROVIDER to enroll in Direct Payment. E. Each written request for payment shall contain a statement declaring and affirming that the work to be completed will be in accordance with the approved Scope of Work 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, receipt, purchase agreement. vehicle title, and a copy of a check, bank transfer, bank statement, 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. PROVIDER shall provide all documentation and information identified in this subsection to the CITY within ten (10) calendar days following the last day of the each month. G. The PROVIDER must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the PROVIDER fails to comply with this requirement, the PROVIDER 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 PROVIDER 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 PROVIDER pertaining to any payments by the CITY. Rev. 2.9.23 27 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Authorized Represe i tative Sig �: ure: rmt ►: ame: Migu-1 el Rivero Title. Chairman, Allapattah Community Action, Inc. 5-9 -Z3 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of physical presence or o online notarization, this et day of 1402023 by Miguel Del Rivero, Chairman of Allapattah Community Action, Inc., a Florida Not For PYofit Corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: Put._ Notary Public State of Florida Carolyn Livingston My Commission GG 337475 Expires 08/03/2023 Rev. 2.9.23 28 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Autld Represeptative Si rmt dame: Miguel Del Rivero Title: Chairman, Allapattah Community Action, Inc. c4 —2.OZ3 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of E physical presence or ❑ online notarization, this _I day of i-- AAA 2023, by Miguel Del Rivero, Chairman of Allapattah Community Action, Inc., a Florida 'not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: aysrorik. Notary Public State of Florida , Carolyn Livingston � = My Commission GG 337475 '4• of Expires 06/03/2023 Signatui'f Notary Rev. 2.9.23 29 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. PROVIDER certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. 5 1.Oz3 rint ► ame: Miguel Del Rivero Date Title: Chairman, Allapattah Community Action, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me by means of Ei<hYsical presence or ❑ online notarization, this Ci day of 0 Ak-1 2023, by Miguel Del Rivero, Chairman of Allapattah Community Action, Inc, a Florida not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: Notary Public State of Florida Carolyn Livingston My Commission GG 337475 Expires 06/03/2023 Q U,��� Ste) Sigma t of Notary Rev. 2.9.23 30 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLOR DA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by O_A 1 {lcutil'ut for / (Print this individual's name and title) M of 411mUn W&) (Print name of _ennt'' entity sub itting statements) whose business address is A 2S 4- N (k) T'v--1t b r j! a 4s, fl 33 ) Z-C and if applicable is Federal Employer Identification Number (FEIN) is ,S-q — 2006 cS-31 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The Rev. 2.9.23 31 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, ers, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, p ers, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Auth►, 'd Re. esent 51-/au) t N. me: Miguel Del Rivero Date Title: Chairman, Allapattah Community Action, Inc. STATE OF FLORIDA COUNTY OF NIIAMI-DADE The foregoing instrument was acknowled ed before me bymeans of L�l' h sical presence or ❑online g g � P Y notarization, this a day of RAC 2023, by Miguel Del Rivero, Chairman of Allapattah Community Action, Inc., a Florida not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification. [Notary Seal]: Proi Notary Public State of Florida Carolyn Livingston ff My Commission GG 337475 c., Expires 06/03/2023 Cs2tk Signa Notary Rev. 2.9.23 32 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT G INSURANCE REQUIREMENTS ALLAPATTAH COMMUNITY ACTION, INC. ARPA PROVIDER REQUIREMENTS I. Commercial General Liability a. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 b. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability a. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 500,000 b. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability a. Limits of Liability $100,000 for bodily injury caused by an accident, each accident Rev. 2.9.23 33 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Rev. 2.9.23 34 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD DATE 0211412023 AC :CM CERTIFICATE OF LIABILITY INSURANCE LDER. THIS THIS CERTIFICATE ISN ISSUED AS I MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPONTHE CEEDRTIFICATE HOC ES BELOW. A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE CERTIFI CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGEd THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE OR PRODUCER, AND THE CERT\F\GATE HOLDER.confer fights to the CI?(b eCt to the t1 I�`1eU d ADDITIONAL INsuRED, the poticy(tesl muskbe ertdo�sed. \k SUBROGATION gS WANED, subject the terms a IMPORTANT: the the certificate holder is an conditions of policy, certain policies may require an endorsement. A statement on this certificate does not such endorsement(s). PRODUCER Inter Continental Investment & Advisory Inc. 4000 Towersoide Terrace #910 Miami, FL 33138 CONTACT NAME. Manuel A. Perez PHONE (AIC, No, Ext):786-877-3995 E-MAIL ADDRESS: map@p-a.cc INSURER(S) AFFORDING COVERAGE INSURER A : Ategrity Specialty Insurance Company FAX 305-468-6414 (AIC, No): NAIC # 16427 INWRED Allapattah Community Action, Inc. CC 1836 N.W. 22nd Place Miami, FL 33125. INSURER B : National Liability & Fire 20052 INSURER C : Ascendant Commercial Insurance Company 13683 INSURER D : The Harford 19682 INSURER E : Westchester 10172 INSURER F BER: COVERAGES I,.CK I Iru..m I c rvUwwuOCr[. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES INSR LTR DESCRIBED HEREIN TYPE OF INSURANCE ADDLSUBR INSD WVD POLICY NUMBER POLICYEFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 01-C-PK-P20058708-0 07/01/22 07/01/23 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES (each N ccDurrence) $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OPAGG Included POLICY PROJECT LOC B AUTOMOBILE LIABILITY X X 73APR411562 12/06/22 12/06/23 COMBINED SINGLE LIMIT (Ea accident) $500,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per (Per accident) Collision & Comprehensive $1,000 DED UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N N/A WC-71058-5 06/13/22 06/13/23 WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? y E.L. EACH ACCIDENT $100,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $100,000 If yes, describe under DESCRIPTION OF OPERATIONS E.L. DISEASE - POLICY LIMIT $500,000 E E D A BUILDING / CONTENTS P1B1 BUILDING / CONTENTS P2B1 STUDENT ACCIDENT PROFESSIONAL LIABILITY FSF16761977 001 FSF16761977 001 21-BSR-101287 01-C-PK-P20058708-0 07/01/22 07/01/22 07/01/22 07/01/22 07/01/23 07/01/23 07/01/23 07/01/23 SPECIAL $491,587/$150,000 SPECIAL $700,000/$100,000 ACC DEATH/DSMNT $10,000/$20,000 LIMITS $1,000,000/$2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) SEXUAL AND PHYSICAL ABUSE IS INCLUDED. 30 DAYS NOTICE OF CANCELLATION. THE CITY OF MIAMI IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. COVERAGE IS AFFORDED FOR CONTINGENT AND CONTRACTUAL EXPOSURES AND THE GENERAL LIABILITY SHALL BE PRIMARY AND NON CONTRIBUTORY. PROPERTY WIND DEDUCTIBLE 3% - DEDUCTIBLES WIND S% OTHER PERILS $1,000 CANCELLATION CERTIFICATE HOLDER CITY OF MIAMI 444 SW 2ND AVENUE MIAMI, FL 33130 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE .:Ii,. Manuel A. Perez, Agent © 1988'2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD Authorized Represe ' tative Si : , > ure: 5-q -23 ame: Migu- I d el Rivero Date Title. Chairman, Allapattah Community Action, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE i The foregoing instrument was acknowledged before me by means ofVphysical presence or o online notarization, this day of R(�,t/� 2023 by Miguel Del Rivero, Chairman of Allapattah Community Action, Inc., a Florida Not For_P ofit Corporation, on behalf of the corporation. He/she is personally known to me or has produced [Notary Seal]: or*r %Notary Public State of Florida Carolyn Livingston zr My Commission GG 337475 oft Expires 06/03/2023 as identification. QaC Sig �e o Notary Rev. 2.9.23 35 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD EXHIBIT H PROGRAMMATIC REPORTING REQUIREMENTS Compliance must be ensured with the following: State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February 28, 2022 — Version 3.0 (and any future updates and revisions) SLFRF Compliance and Reporting Guidance (treasury.gov) https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf Throughout the term of this Agreement, the PROVIDER shall submit to the CITY a quarterly report on the loth day of the month that follows the end of a calendar quarter (i.e., January 10, April 10, July 10, October 10). Upon the end of the term of this Agreement, the PROVIDER understands that they are required to submit to the CITY a final quarterly report on the 10th day of the month that follows the end of the quarter the term of the Agreement ended. Quarterly reports should be submitted to the CITY via email to arpareporting(a�miamigov.com on the form template provided by the CITY. The project Allapattah Community Action, Inc is eligible for the use of ARPA (SLFRF) funds under the Department of Treasury Final Rule, Expenditure Category: 2.37 — Negative Economic Impacts: Other — Economic Impact Assistance: Other Programmatic Reporting Required: Public Health and Negative Economic Impact (EC 1.1-3.5) - Collection to begin in April 2022 o Brief description of structure and objectives of assistance program(s), including public health or negative economic impact experienced o Brief description of how a recipient's response is related and reasonably and proportional to a public health or negative economic impact of COVID-19. II. Expenditure Categories 2.37 — Negative Economic Impacts: Other — Economic Impact Assistance: Other the following additional reporting: o Recipients must identify the amount of total funds that are allocated to evidence - based interventions. o Recipients must report on whether projects are primarily serving disproportionately impacted communities. III. Use of Evidence: (for all ECs indicated) - Collection to begin in April 2022 o The dollar amount of the total project spending that is allocated towards evidence - based interventions o Indicate if a program evaluation of the project is being conducted Rev. 2.9.23 36 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD IV. Project Demographic Distribution - (Applicable to Public Health and Negative Economic Impact (ECs: EC 1.1-2.37)— Collection to begin April 2022 Recognizing the disproportionate public health and negative economic impacts of the pandemic on many households, communities, and other entities, recipients must report whether certain types of projects are targeted to impacted and disproportionately impacted communities. Recipients will be asked to respond to the following: o What Impacted and/or Disproportionally Impacted population does this project primarily serve? Please select the population primarily served. o If this project primarily serves more than one Impacted and/or Disproportionately Impacted population, please select up to two additional populations served. Recipients will select from the following options: Assistance to Households Impacted • Low- or -moderate income households or populations • Households that experienced unemployment • Households that experienced increased food or housing insecurity • Households that qualify for certain federal programs • For services to address lost instructional time in K-12 schools: any students that lost access to in- person instruction for a significant period of time • Other households or populations that experienced a negative economic impact of the pandemic other than those listed above (please specify) Disproportionately Impacted • Low-income households and populations • Households and populations residing in Qualified Census Tracts • Households that qualify for certain federal programs • Households receiving services provided by Tribal governments • Households residing in the U.S. territories or receiving services from these governments • For services to address educational disparities, Title I eligible schools • Other households or populations that experienced a disproportionate negative economic impact of the pandemic other than those listed above (please specify V. Capital Expenditures (EC 1.1-3.5) - Collection began in January 2022, with additional optional fields to begin in April 2022; optional fields will become required in July 2022 • Does this project include a capital expenditure? (Collection began in January 2022) Rev. 2.9.23 37 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD • Total expected capital expenditure, including pre -development costs, if applicable (Collection began in January 2022) • Type of capital expenditure, based on the following enumerated uses (This field is optional in April 2022; required in July 2022): o COVID-19 testing sites and laboratories, and acquisition of related equipment o COVID-19 vaccination sites o Medical facilities generally dedicated to COVID-19 treatment and mitigation (e.g., emergency rooms, intensive care units, telemedicine capabilities for COVID-19 related treatment) o Temporary medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs o Acquisition of equipment for COVID-19 prevention and treatment, including ventilators, ambulances, and other medical or emergency services equipment o Emergency operations centers and acquisition of emergency response equipment (e.g., emergency response radio systems) o Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities o Public health data systems, including technology infrastructure o Adaptations to congregate living facilities, including skilled nursing facilities, other long-teini care facilities, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment, and other group living facilities, as well as public facilities and schools (excluding construction of new facilities for the purpose of mitigating spread of COVID-19 in the facility) o Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces) o Behavioral health facilities and equipment (e.g., inpatient or outpatient mental health or substance use treatment facilities, crisis centers, diversion centers) o Technology and equipment to allow law enforcement to efficiently and effectively respond to the rise in gun violence resulting from the pandemic o Affordable housing, supportive housing, or recovery housing development o Food banks and other facilities primarily dedicated to addressing food insecurity o Transitional shelters (e.g., temporary residences for people experiencing homelessness) o Devices and equipment that assist households in accessing the internet (e.g., tablets, computers, or routers) o Childcare, daycare, and early learning facilities o Job and workforce training centers o Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint) o Medical equipment and facilities designed to address disparities in public health outcomes (includes primary care clinics, hospitals, or integrations of health services into other settings) Rev. 2.9.23 38 DocuSign Envelope ID: 929D2668-8419-40E7-AA59-2D6B43CF36CD o Parks, green spaces, recreational facilities, sidewalks, pedestrian safety features like crosswalks, streetlights, neighborhood cleanup, and other projects to revitalize public spaces o Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties o Schools and other educational facilities or equipment to address educational disparities o Technology and tools to effectively develop, execute, and evaluate government programs o Technology infrastructure to adapt government operations to the pandemic (e.g., video-conferencing software, improvements to case management systems or data sharing resources), reduce government backlogs, or meet increased maintenance needs o Other (please specify) Rev. 2.9.23 39 Olivera, Rosemary From: Brito, Gabriel Sent: Monday, June 5, 2023 1:46 PM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Quintana, Rachel; Gouin, Marie Subject: Matter ID#23-864k - Allapattah Community Action - ARPA Grant Agreement Attachments: _DocuSign _Allapattah_Community_Action_-_ARP.pdf RE: Allapattah Community Action - ARPA Grant Agreement Good afternoon, For your records, attached please find the fully executed copy of the ARPA agreement from DocuSign that is to be considered an original agreement for your records. GabrielJ. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i