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HomeMy WebLinkAbout24557AGREEMENT INFORMATION AGREEMENT NUMBER 24557 NAME/TYPE OF AGREEMENT ASSISTANCE TO THE ELDERLY, INC DESCRIPTION GRANT FUNDING AGREEMENT/COMPLETE REHABILITATION OF THE 1ST FLOOR OF ITS ASSISTED LIVING FACILITY /FILE ID- 13761 /R-23-0169 EFFECTIVE DATE July 12, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 8/10/2023 DATE RECEIVED FROM ISSUING DEPT. 8/10/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL G�KY op 11 11611i IIIIEI 1'4 1, f� 0Ry�- CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Mana ement & Bud et DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: D1 — ASSISTANCE TO THE ELDERLY, INC. ARPA IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $350,000.00 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 Grant Agreement with Assistance To The Elderly. Inc (ARPA. D1), for assistance to non-profit in order to complete the rehabilitation of the first floor of its assisted living facility located at 5617 NW 7"' St. (Also known as. Residential Plaza). COMMISSION APPROVAL DATE: 04/13/2023 FILE ID:13761 ENACTMENT NO.: R-23-0169 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: N/A ROUTING INFORMATION Date PLEASE PRINT AND SIGN PRINT: MARIE "MAGGIE" GOUIN APPROVAL BY DEPARTMENTAL DIRECTOR DocuSigned by: July 18, 2023 I 08:55:49 EDT SIGNATURE PRINT: ANN-MUNISAARPE SUBMITTED TO RISK MANAGEMENT DocuSigned by: July 18, 2023 I 09:14:38 EDT SIGNATURE Fro& C_6mc�j SUBMITTED TO CITY ATTORNEY PRINT: VICT RffM NDEZ DncuSigned by: July 27, 2023 I 22:42:05 EDT SIGNATURE: �1��6AFfi€g PRINT: LARRY SPRING RECEIVED BY CFO/ ASSISTANT CITY MANAGER DocuSigned by: August 8, 2023 I 09:56:25 EDT SIGNATURE: (,ayn Sprvul PRINT: ARTHUR NORIEGA V. APPROVAL BY CITY MANAGER DocuSigned by: August 9, 2023 108:05:19 EDT C nvi SIGNATURE: �a tjx PRINT: TODD B. HANNON ATTESTED BY CITY CLERK DocuSigned by: August 10, 2023 109:45:26 ED v SIGNATURE: E46D7560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 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 12 day of July , 2023, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & ASSISTANCE TO THE ELDERLY, INC a Florida Not for Profit Corporation (hereinafter referred to as the "BENEFICIARY"). FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): EIN: AMOUNT: TERM OF AGREEMENT: 21.027 65-0925681 $ 350,000.00 See Section 3.2 PROJECT NUMBER: 40-A2-34-0006 DUNS® NUMBER: UNIQUE ENTITY V5LKHMBN1273 IDENTIFIER (SAM.GOV): AGENCY'S ADDRESS: 5617 NW 7TH STREET, SUITE 205 Miami, FL 33126 WITNESSETH I Rev. 2.9.23 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 BENEFICIARY so that BENEFICIARY can undertake the work necessary to rehabilitate the first floor of the Residential Plaza, an assisted living facility located at 5617 NW 7t" Street, Miami Florida 33126. The rehabilitation of the first floor will allow the BENEFICIARY to continue to provide supportive services (food and activities) to the residents of the facility; providing an environment that maintains mobility; offer a dignified space to improve quality of life and decrease depression and isolation among residents; and bring the organization's physical structure up to par with the ever -changing needs of the residents and the market. WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Scope of Work 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: Rev. 2.9.23 Funds: The $350,000.00 paid to BENEFICIARY in exchange for BENEFICIARY completing the activities described in the Scope of Work set forth in Exhibit B. 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 BENEFICIARY 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 BENEFICIARY from any source during the period of time in which the BENEFICIARY is performing the obligations set forth in this Agreement. Program: Assistance to the Elderly, Inc (ATTE, Inc) is seeking funds to aid in completing the rehabilitation of the first floor of its assisted living facility located at 5617 NW 7th Street. The rehabilitation would allow ATTE, Inc to continue providing supportive services to residents, provide an environment that maintains mobility, improve quality of life, decrease depression and isolation, 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-23-0169 (the "Resolution") with funding from the United States Department of the Treasury, and as further described in Exhibit B. Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: Rev. 2.9.23 3 2.1 The Scope of Work submitted by the BENEFICIARY 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 BENEFICIARY and the goals of the activities and/or work being undertaken. 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, work, and/or project will benefit the BENEFICIARY and the community it serves. 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Work. 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 BENEFICIARY 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 Work 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 of the Scope of Work that demonstrate why the activities and/or services are eligible for ARPA Funding. 2.1.6 If the Scope of Work uses evidence -based interventions, the BENEFICIARY must provide the evidence base for the interventions that are ARPA funded. BENEFICIARY 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. 2.1.7 The BENEFICIARY 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. Rev. 2.9.23 4 2.2 The Budget Summary attached hereto as Exhibit "C", including the BENEFICIARY's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salary Schedule and a copy of all subcontracts. 2.3 A list of the BENEFICIARY'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 Work. 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 BENEFICIARY'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 BENEFICIARY's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the BENEFICIARY, certified by the BENEFICIARY's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 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 expire on March 31. 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. Rev. 2.9.23 5 3.3 OBLIGATIONS OF BENEFICIARY. The BENEFICIARY shall carry out the work and activities as prescribed in its Scope of Work, attached hereto and incorporated herein as Exhibit "B" (`Scope of Work"), 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 BENEFICIARY 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 BENEFICIARY. 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 Work be required or in the event of the occurrence of any delays in the activities thereunder, the BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 Work: ■ The modification or addition of any Scope of Work 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 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 BENEFICIARY shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. Rev. 2.9.23 6 4.2 INSURANCE. At all times during the term hereof, the BENEFICIARY shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the BENEFICIARY shall furnish to the CITY original certificates of insurance indicating that the BENEFICIARY is in compliance with the provisions described in Exhibit "G-2" attached hereto and incorporated into this Agreement. At all times during the term hereof, the BENEFICIARY's contractor shall maintain insurance acceptable to the CITY. Prior to commencing any construction activity under this Agreement, the BENEFICIARY or their contractor shall furnish to the CITY original certificates of insurance indicating that the BENEFICIARY is in compliance with the provisions described in Exhibit "G- 1" 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 BENEFICIARY at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 5.1 As a necessary part of this Agreement, the BENEFICIARY shall adhere to the following audit requirements: 5.1.1 If the BENEFICIARY 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. Rev. 2.9.23 7 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 BENEFICIARY elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a BENEFICIARY 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 BENEFICIARY, the BENEFICIARY may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits." The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the BENEFICIARY 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, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the BENEFICIARY in accordance with the applicable requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the applicable requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits" and include the following: Rev. 2.9.23 8 (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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The BENEFICIARY shall establish and maintain sufficient records to enable the CITY to determine whether the BENEFICIARY has met the requirements of the Program. At a minimum, the following records shall be maintained by the BENEFICIARY: 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, and Rev. 2.9.23 9 the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that BENEFICIARY 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 BENEFICIARY'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 BENEFICIARY at least until the expiration of the Retention Period. The BENEFICIARY 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 BENEFICIARY further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The BENEFICIARY 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 BENEFICIARY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO BENEFICIARY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY' S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE DEPARTMENT'S CUSTODIAN OF RECORDS AT THE Rev. 2.9.23 10 OFFICE OF MANAGEMENT AND BUDGET, 444 SW 2ND AVENUE, 5TH FLOOR, NIIAMI, FL 33130. 6.2.2 The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The BENEFICIARY shall permit the Department and other persons duly authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, work, Rev. 2.9.23 11 and activities of the BENEFICIARY which are in any way connected to the activities/work undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors, or assignees of the BENEFICIARY. Following such inspection or interviews, the Department will deliver to the BENEFICIARY a report of its findings. The BENEFICIARY 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 BENEFICIARY's justification is acceptable. At the request of the CITY, the BENEFICIARY shall transmit to the CITY written statements of the BENEFICIARY's official policies on specified issues relating to the BENEFICIARY's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The BENEFICIARY 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 BENEFICIARY is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the BENEFICIARY shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The BENEFICIARY 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 BENEFICIARY shall submit to the CITY, on a quarterly basis, a Scope of Work status report. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The BENEFICIARY 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 BENEFICIARY shall comply with all applicable provisions of the Act, the Final Rule, Policies and Procedures, and the Resolution and the BENEFICIARY shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. BENEFICIARY acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and BENEFICIARY agrees to comply with such requirements upon written notice from the CITY. Rev. 2.9.23 12 7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures and the Resolution and the PROVIDER shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 7.4 The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY is or was created by a religious organization, the BENEFICIARY 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 BENEFICIARY shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the BENEFICIARY 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 BENEFICIARY'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 Rev. 2.9.23 13 herein, if the BENEFICIARY 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 BENEFICIARY 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 Work. 7.13.2 The BENEFICIARY shall incorporate in all consultant subcontracts the following provision: "The BENEFICIARY 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 BENEFICIARY. 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 BENEFICIARY 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 Work. 7.13.4 The BENEFICIARY shall submit to the CITY for its review and confirmation any contract engaging any party to carry out any Scope of Work 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 BENEFICIARY's contractor(s). 7.13.5 The BENEFICIARY 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 BENEFICIARY 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 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 BENEFICIARY CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 8.1 The BENEFICIARY certifies that: (a) The BENEFICIARY 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 BENEFICIARY'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 BENEFICIARY to act in connection with this Agreement and to provide such information as may be required. (b) The BENEFICIARY shall comply with the Hatch Act, which limits the political activity of employees. (c) The BENEFICIARY 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 BENEFICIARY 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 (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 BENEFICIARY, 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 BENEFICIARY an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the BENEFICIARY that any payment made in accordance with this Agreement to the BENEFICIARY shall be made only if the BENEFICIARY is not in default under the terms of this Agreement. If the BENEFICIARY is in default, the CITY shall not be obligated and shall not pay to the BENEFICIARY any sum whatsoever. If the BENEFICIARY 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 BENEFICIARY, 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 BENEFICIARY. 10.1.4 Withhold further grants, loans, and/or other monies for the BENEFICIARY. 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 BENEFICIARY's operations and authority to obligate funds under this Agreement or withhold payments to the BENEFICIARY pending necessary corrective action Rev. 2.9.23 16 by the BENEFICIARY. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the Funds by the BENEFICIARY; (ii) Failure by the BENEFICIARY to comply with any term or provision of this Agreement; (iii) Failure by the BENEFICIARY to submit any documents required by this Agreement; or (iv) The BENEFICIARY's submittal of incorrect or incomplete documents. 10.2.2 The Department may at any time suspend the BENEFICIARY'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 BENEFICIARY 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 terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the BENEFICIARY. 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. Rev. 2.9.23 17 10.3.3 Unless the BENEFICIARY's breach is waived by the Department in writing, the CITY may, by written notice to the BENEFICIARY, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The BENEFICIARY 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 BENEFICIARY and persons employed or utilized by BENEFICIARY in the performance of this Agreement. BENEFICIARY 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 BENEFICIARY shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The BENEFICIARY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the BENEFICIARY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the BENEFICIARY 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 BENEFICIARY, or persons employed or utilized by BENEFICIARY. 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 BENEFICIARY shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY, shall further require all contractors to comply with the provision under this section. Rev. 2.9.23 18 The BENEFICIARY 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 BENEFICIARY in which the CITY participated either through review or concurrence of the BENEFICIARY's actions. In reviewing, approving or rejecting any submissions by the BENEFICIARY or other acts of the BENEFICIARY, the CITY in no way assumes or shares any responsibility or liability of the BENEFICIARY or Sub- BENEFICIARY under this Agreement. 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the BENEFICIARY for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY or its employees must be disclosed in writing to the CITY. Rev. 2.9.23 19 11.7.2 The BENEFICIARY 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 BENEFICIARY shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the BENEFICIARY 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 2"d Avenue, 5th Floor Miami, FL 33130 Attn: Budget Director With a Copy To: Office of the City Attorney 444 SW 2"d Avenue, 9th Floor Miami, FL 33130 Attn: City Attorney BENEFICIARY Assistance to the Elderly, Inc. Rev. 2.9.23 20 5617 NW 7a' Street, Suite 245 Miami, FL 33126 Attn: George Abadie, Chairman 11.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 11.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 11.1 1.5 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. Rev. 2.9.23 21 11.11.9 BENEFICIARY 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 BENEFICIARY and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The BENEFICIARY 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 BENEFICIARY'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 BENEFICIARY to act in connection with this Agreement and to provide such information as may be required. The BENEFICIARY 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 BENEFICIARY 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 BENEFICIARY, nor any assignee, successor, heir or personal representative of the BENEFICIARY, 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 BENEFICIARY, 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 determines that all required work under the Agreement has been completed or upon the expiration or termination of the BENEFICIARY Agreement, the CITY shall require the BENEFICIARY to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: ■ A final performance or progress report. ■ A financial status report. ■ A final request for payment. Rev. 2.9.23 22 The BENEFICIARY 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 BENEFICIARY 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. Remainder of page intentionally left blank. Signatures on the next page. Rev. 2.9.23 23 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. AUTHO Name: Title: i BENEFICIARY Assistance to the Elderly, Inc. 5617 NW 7th Street, Suite 205 Miami, FL 33126 a Florida not -for -profit corporation PRE S TATIVE: July 12, 2023 e Date: CITY OF MIAMI, a municipal Corporation of the State of Florida EDII"Sig"ed by: y{ st 9, 2023 1 08:05:19 EDT RFOC'F.._ Arthur Noriega V. Date: City Manager APPROVED AS TO INSURANCE REQUIREMENTS CDocuSigned by: FraA 4 18, 2023 1 09:14:38 EDT _ZZ395CB31E F� Ann -Marie Sharpe Date: Risk Management ATTEST: Corporate Seal: ATTEST: DocuSigned by: Lt{Y OF F� T< O,R toC DocuSigned by: 2023 1 09:45:26 EDT E-46B7af OCdC�1.A �a9 _.. Todd B. Hannon Date: City Clerk APPROVED AS TO FORM AND DocuSigned by: CORRECTNESS: w Q�oa xav� A82F608F8D1C4E6... f ocuSigned by: 2023 1 22:42:05 EDT FtFF90AFfiFFOd57 Victoria Mendez Date: City Attorney 24 Rev. 2.9.23 EXHIBIT A CORPORATE RESOLUTION AUTHORIZING EXECUTION OF THIS AGREEMENT Rev. 2.9.23 25 RESOLUTION AUTHORIZING THE EXECUTION OF THE CONTRACT AND APPROVAL OF FUNDED AMOUNT WITH CITY OF MIAMI THE AMERICAN RESCUE PLAN ACT 2021 BY ASSISTANCE TO THE ELDERLY, INC. WITH REGARD TO CONTRACT FOR THE PROVISION OF THE LEGACY PROJECT Whereas the Board of Directors of Assistance to the Elderly, Inc. (ATTE) conducted a special e-mail and telephone poll held on M a y 5 t h , 2023, have considered the matter in accordance with the bylaws of the Corporation. NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors approved the execution of contract and approval of funded amount with City of Miami with regards to the Legacy Project (ARPA) in the amount of $350,000 for Fiscal Year 2022-2023 for the provision of ARPA and authorizes George Abadie, Chairman as contract authorized signature and Barbara Galindo, Administrator as reporting and reimbursement request authorized signature. The foregoing Resolution was offered by George Abadie, Chairman and seconded by Lucie Dlugasch and approved with a quorum of members via e-mail. Board Member Yea Nay Abstain No Response George Abadie ✓ Lucie Dlugasch ✓ Atara Kane ✓ Vivian Figueras ✓ Erik Wagner ✓ Michael Arroyave ✓ Kevin Fox ✓ Ruth Jimenez ✓ The results of the e-mail poll of Assistance to the Elderly, Inc. Board Members had a quorum of members authorizing the execution of contract and approval of funded amount with City of Miami in the amount of $350,000 for the fiscal year 2022-2023 for the Legacy Project Grant. Abadie, Chairman Assistance to the Elderly, Inc. ASSISTANCE TO THE ELDERLY, INC. BOARD OF TRUSTEES (Revised March 14, 2023) Chairman: George Abadie (As of May 2018) Sea Coast Construction President Home: 1990 Brickell Avenue, Unit M Miami, FL 33129 Office: 6355 NW 36 St. Ste 303 Miami, Fl. 33166 Cell: (786) 433-8740 Office: (786) 433-8740 george.abadie@seacoa�tct7ilstruction. i,c t Vice- Chair: Michael Arroyave (As of January 2020) Arroyave Law, PA Partner Home: 4116 Pamona Ave Miami, FL 33133 Office: 2605 Ponce de Leon Blvd. Coral Gables, FL 33134 Cell: (504) 400-6172 Office: (305) 441-7091 Michae1QArro7aveLaw.com Treasurer: Frank Rosillo, CPA (As of May 2018) Rosillo & Associates Partner Office: 7950 NW 53`d St. Ste 221 Miami, FL. 33166 Office: (305) 477-5671 frankjrL&frcpa.com Secretary: Erik Wagner (As of February 2018) Twilio, Inc. Global Lead of Enterprise Healthcare Home: 1818 Espanola Drive Miami, FL. 33133 Cell: (305) 345-2218 ewagner3640ggmail.com ewagnergtwilio.com Board of Trustees Lucie Dlugasch (As of February 2018) Associate Clinical Professor Florida International University Home: 11620 SW 104 Ave Miami, FL. 33176 Office: 11200 S W 8 Street Miami, FL 33199 Cell: (305) 905-3548 Office: (305)348-0367 ldlu ag schggmail.com ldlugascra fiu.edu Vivian T. Figueras (As of October 2018) Figueras Law Owner Office: 7700 N. Kendall Drive Suite 702 Miami, FL. 33156 Cell: (305) 804-8152 Office: (305) 275-8810 viviankfigueraslaw.com Kevin Fox (As of November 2020) Home: 8265 SW 106 St Miami, FL 33176 Cell: (305) 790-9345 Home: (786) 263-0561 kevin foxgbellsouth.net Ruth Jimenez (As of April 2022) Ocean Bank Office: 1000 Brickell Ave. Miami, FL 33131 Office: 305-381-8555 Cell: 305-984-6161 rui imenez;g-.)oceanbank.com Dr. Atara Kane (As of April 2022) Office 1818 Espanola Drive Miami, FL. 33133 Cell: 305-984-7914 atarakane(&gmail.com 4 EXHIBIT B SCOPE OF WORK (Detailed description of the Scope of Work must be provided for each service/program) Rev. 2.9.23 26 ASSISTANCE TO THE ELDERLY, INC. 1st Floor Remodeling Project FY 2022 - 2023 Line Items ATTE Operating ARPA Funds CDBG MDC Housing Funds Total All Sources Capital Outlay Permits $20,460.00 $20,460.00 Mobilization $29,625.00 $29,625.00 Frosted Vynl Film $2,800.00 $2,800.00 Reinstallation of Equipment $7,100.00 $7,100.00 Demolition / Temprorary Protection $47,400.00 $47,400.00 Trash Hauling $5,500.00 $5,500.00 Concrete Work $51,587.60 $51,587.60 Handrails $9,500.00 $9,500.00 Cabinets & Countertops $2,100.00 $ 25,000.00 $27,100.00 Firestopping $4,450.00 $4,450.00 Windows/Storefront/Automatic Doors $51,257.68 $ 54,000.00 $105,257.68 Metal Doors $22,966.40 $22,966.40 Stucco $9,800.00 $9,800.00 Drywall / Framing $21,818.44 $24,307.95 $46,126.39 Flooring $53,000.00 $ 55,000.00 $108,000.00 Acoustical Ceiling $24,000.00 $ 15,000.00 $39,000.00 Painting $4,783.75 $ 20,000.00 $24,783.75 Bathroom Accessories and Equipment $15,725.00 $15,725.00 Fire Sprinklers $8,745.00 $8,745.00 Plumbing System & Fixtures $105,300.00 $105,300.00 HVAC $79,985.37 $79,985.37 Electrical $35,270.00 $ 86,000.00 $121,270.00 Fire Alarm $40,000.00 $40,000.00 General Conditions $125,504.50 $125,504.50 Overhead and Profit $223,068.11 $223,068.11 Performance & Payment Bond $13,871.00 $13,871.00 Total Budget $689,925.801 5350.000.00 $255,000,00 $1,294,925.80 APPLICATION NUMBER: 2 Phase 'I DINNING ROOD - KITCHEN AREA APPLICATION DATE: 3/31/2023 PERIOD TO: 3/31/2023 ARCHITFC'rS PROJI"CTNO: ITFh+t U14t ItIPIR1P: nP li ula SCHEDULED VAI i I t14""1140 1RKIS W11RAC0MPL.L-rED MATERIALS TOTAL I)Al 1NC'ETOFINISH RI 1 W-1.1,t NO APPLICATION (D+E) THIS PERIOD PRESENTLY COMPLETFD AND % STORED (NOT IN STORED TO DATE (GIC) ❑ORE) (D,L+F) 11•�,i 1 I•.: �,c 1 $0 00 4DIV/01 $0 00 $0 00 2 Ifemporan Protection $4 ^Aul On $4,500 00 $4,500 00 low. $0.00 $450 00 3 1), molihon S18.90000 $18,9Uo 00 $18,900 00 100% $0 00 $1,890 00 4 11himpsters Q'i 5O of) $1,125 00 $675 00 $1,800 00 w". $450 00 $180 00 5 oncrefe Work %27 'dw oil $24,750 00 $24,750.00 9tYn $2,750.00 $2,475 00 b _ 5,{.500 110 $0 00 0% $9,500 00 $000 7 1 ahmels & Countertops $18,9110 00 $0 00 0°4 $18,900 00 $0 00 8 I'uesto in- S1I1,;()D $3,11500 $3,11500 11Kr;, $000 $31150 9 IWIniloW919torefronl $678i769 $58.00000 % At $58.000m 85% $9,857.69 $5,800.00 10 11wmalatic%llndur,(11acs1),n,r $17.400DO $0.00 0'° $37.40000 $00n I [ Immal Dnors '0 11(7 oil $7,808.45 $7,808 95 85% $1,378.05 $780 40 12 Slucco $6,300 00 $0 00 O4'° $6,300 (111 $000 13 1 h„vall/ Frattnu , SI9-Son oa $15,840 tilt $15,840 00 VA. $3960 00 $1,584.00 14 11 kMtrin, R•pY IIUlt QQ $4(I(1 U°a $49,0II000 $ILOU 15 Acouslical(-.Ihn* ti't40011q $0.000°w $23,400.00 $0.00 16 Pauttmf 19 913 50 $0 00 u% $9,913 50 $0 00 17 I ntyed Vinyl Film $2,800.00 $QO0 0°° $2,800 00 $0.00 18 R,-installahonofextstin-'1-11ui merit 3710000 $O0 0?� $7,10000 Woo 14 Hre ti utnf,le, $� 1,172 50 $2,290.00 $2,290.00 S2°0 $2,082 50 22 $--9 00 20 'lominni, Ststem & fixtures $30,200 00 $7 9so no rilt$45,279.'50 $7 950 00 2609 $22,250.00 $795.00 21 11 VAC ,• )1 olio 00 $26,418 00 $26.418 00 85% $4,662 00 $2.041.80 22 1-1e,itw,fl k ; -17b06 $37,251) Oil $7990.50 850- $7,990.50 $4,527,95 23 j ieneral Condition 7 75205 $15.U611 iw $18,50000 $33,561149 53"m $29,191 56 $3,356.05 24 helhead.11"I +r,,hl 5111.534(10 $26,76811, S32,<)O0.00 $59,668.16 53% $51,865,84 $5966.82 '. -00j.,,dinn 1.-'�+_625 00 $29,629.ott $29.62500 100°„ $000 $2,962.50 25 $7,808.95 - 26 raw. S640,256,73 $160,172.65 $171.523.50 -$33'),505.10 53"'- SX*.751.63 $33,950,51 27 ('han a Orders Ir 1 - New Exterior Wall $0 (lU SII 00 $Il lqt I1DIV/01 SO()() $U 00 Tvu1 t C,v idor $0.00 $fS (10 +i OilHDIV10 $tlu0 SO nu __ $(1.00 '1111.00 i0 _ 4) --_- ` $0,110 — S0A0 ptT11 :o! 111-(Ifs S0.00 56 GRAND TOTAL S640,256.73 $160,172.65 $171,523.511 $7&4.91 1339,505,10 1 5376 $3(10,751.63 $33,95(1.51 1/5/2023 10- 19 AM Copy of Payment Request No 2- 02>8-2023 NU FA - Page 4 APPLICATION NUMBER: 1 Phase 2 MULTIPURPOSE ROOM APPLICATION DATE:3/31/2023 PERIOD TO: 3/31/2023 ARCHITECT'S PROJECT NO• A B C D E F G H 1 ITEM No DESCRIPTION OF WORK SCIIEDLILEDVALIJE FROMPRFV1011S APPtICATION(D+E1 WORK COMPLETED TIIIS PERIOD MATERIALS PRESENTLY STORED (NOT IN DORE) TOTAL COMPLETEDAND STORED TO DATE (D+E*F1 (Gic') BALANC1.10FINISI (C-G REIAINAGE 1 Phase 2 2 Temporary Protection $4,500.o0 $0 00 00,4 $4,500.00 $0 00 3 Demolilton $19,500.00 $0,00 0% $19.50000 $0.00 1-rashllaulin %3;250.00 $0.00 0°u $3,25000 $0.00 5 L'uncrrle Work $14.087.60 $0.00 0% $24,087.60 $0.00 A4 6 Cahirwts & Countertops $8,2(t0191 $0.00 0% $8,200.00 $0.00 7 Firesto in $1,335.00 $0.00 0% $1,335.00 $0.00 8 Metal Doors $13,770A0 $11.712.49 $11.712.49 85% $2.06691 $1,171.25 9 Stucco $3 5()(1.00 $0.00 0% $3,500 00 $0.00 I1) Drywall) Fmiming $26,326.39 $0.00 Uu'u S26,326.39 $0.00 11 Flooring $59,000.00 $0.00 0°•5 $59,000.00 5000 12 Acoustical Ceiling $15,600.00 $(1.00 (1% $15,600.00 $0.00 13 Painting $14,870.25 $0.00 U% $14.870.25 $0.00 14 Halhros)m Accessories $2.850,34 S0 00 0% $2,850 84 $0.00 15 1,oilet Partition $9,000.00 $0.00 0% $9,000.00 $0.00 16 Exhaust Louvers $3,874.16 $0.00 090 $3,874.16 $0.00 17 firesprinkles $4,372.50 $000 tl°q $4,372.50 $0.00 18 Plumbing S%stem & Fixtures $75.100.00 $0,0o 01% $75,100 (H) $0.00 19 f IVAC $48,905.37 $0.00 0% $48,905.37 $0.00 20 1--lectrical $68,0U0.00 $0.00 004 $68-um;- U $0.00 21 Firc Alarm $40,U0t1.00 $20,100.29 $20,100.29 5(P,,, $19,$94.71 $2,010.03 22 General Condition $62,752.06 $4,392.64 $4.392.64 7°s, $58.359.42 $439,26 23 tivcrheadand root $111.534.00 $7,807.38 $7,807.38 t 71 $103,726.62 $780.74 24 ITOTAL $620,337.57 $0.00 $32,300.31 $11.712.49 $4.1,012.80 1 7% 5576,324.77 $4,401.28 4/5/2023 10.19 AM Copy of Payment Request No?- 02-28-2t123_N(► FA Page 2 EXHIBIT C COMPENSATION AND BUDGET SUMMARY A. The maximum compensation under this Agreement shall be $350,000.00 and shall be disbursed as follows: a. The not to exceed $350,000.00 shall be disbursed, in one (1) lump sum, to the BENEFICIARY in FY 2022-2023. B. BENEFICIARY's Itemized Budget, Cost Allocation, 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 a_pr areimbursements a.miami o{� v.com in a form 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 BENEFICIARY 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. BENEFICIARY may enroll in Direct Payment with the CITY. The DEPARTMENT can provide additional information for the BENEFICIARY to enroll in Direct Payment. BENEFICIARY may submit request disbursements to fund services provided and activities undertaken on or after October 1, 2022 ("Retroactive Disbursements"). The Department will make Retroactive Disbursements upon receipt of adequate supporting documentation as outlined in Section F. herein and verification that the expenditures are allowable pursuant to the terms of this Agreement and applicable laws, rules, and regulations. 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, 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. BENEFICIARY 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 BENEFICIARY must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the BENEFICIARY fails to comply with this requirement, the BENEFICIARY 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 BENEFICIARY as a part of this Agreement and any modifications thereto. Rev. 2.9.23 27 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 re )rds of the RE\,�-.'FICIARY pertaining to any payments by the CITY. resentative Sigri�ature: \I / July 12, 2023 Print Na�e: Geor e Aba ' Date Title: Ch irm ,Assistance to the Elderly, Inc. STATE OIAFLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of raphysical presence or o online notarization, this 12 day of JUIy, 2023 by George Abadie, Chairman of Assistance to the Elderly, 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]: vj�� Signature of Notary CARMEN CROSS Commission # HH 329991 Expires March 5, 2027 Rev. 2.9.23 28 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 cent' ation shall be st3b'ect to a civil penalty of not less than $10,000 and not more than $100,000 for each s h fairhre. uthori ed epresentative Sign ure: 1��4 July 12, 2023 Print Na e: Date Title: Ch irman, Assistance to the Elderly, Inc. STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 12 day of July 2023, by George Abadie, Chairman of Assistance to the Elderly, Inc., a Florida not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced 4 -4 a54dentification. .CARMEN CROSS CommMlon # HH 329991 Expires March 5, 2027 Signature of Notary 29 Rev. 2.9.23 EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. BENEFICIARY 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 Lb 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. 1 the pro ' e primary participant is unable to certify to any of the statements in this certific ti ,such pras dive participant shall submit an explanation to the City of Miami. tative Signature: Print c: Geor Date Title: Cha man, Assistance to the Elderly, Inc. STATE 0V FLORIDA COUNTY OF MIAMI-DADE July 12, 2023 The foregoing instrument was acknowledged before me by means of ® physical presence or ❑ online notarization, this 12 day of July 2023, by George Abadie, Chairman of Assistance to the Elderly, Inc, a Florida not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced as id;i�ification. LUIJ CARMEN CROSS Commisslon # HH 329991 ,' �,o° Expires March 5, 2027 Signature of Notary 30 Rev. 2.9.23 EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TOO ADMINISTER �OfjATHS. 1. This sworn statement is submitted to 4V by 6earTle f'17 ad Q, C I r, (Print this individual's name and title) for �S!�i'ICe�t J�eiJ���C . (Print name of entity submitting statements) whose business address is 5W 7 and if applicable is Federal Employer Identification Number (FEIN) is 6 —efZ46 J 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 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). XNeither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (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 CO CT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FxORID STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION ONTAIN I IS FO A4thorizgo ReAresentative Signatu J July 12, 2023 Print Nam Geor e Abadie Date Title: Chai man, Assistance to the Elderly, Inc. STATE OP FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 12 day of July 2023, by George Abadie, Chairman of Assistance to the Elderly, Inc., a Florida not for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced s identification. ignature of Notary ;1"111�` CARMEN CROSS .o� Commission # HH 329991 Expires March 5, 2027 32 Rev. 2.9.23 EXHIBIT G INSURANCE REQUIREMENTS *Beneficiary shallprovide the City with certificates of insurance in accordance to Exhibits GI and G2. Rev. 2.9.23 33 EXHIBIT G-1 INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE CONSTRUCTION REQUIREMENTS ASSISTANCE TO THE ELDERLY, INC. I. III 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 Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement Completed Operations extended for (3) years after project completion 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 $ 1,000,000 b. Endorsements Required City of Miami listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Rev. 2.9.23 34 Employer's Liability a. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident $1,000,000 for bodily injury caused by disease, each employee $1,000,000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess to Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $2,000,000 Aggregate $2,000,000 City of Miami listed as an additional Insured. Coverage is excess follows form Over all liability policies contained herein. V. Owners & Contractor's Protective Each Occurrence $1,000,000 General Aggregate $1,000,000 City of Miami listed as the named insured VI. Payment and Performance Bond $TBD City listed as Obligee VII. Builders' Risk Causes of Loss: All Risk -Specific Coverage Project Location Valuation: Replacement Cost Deductible: $5,000 All other Perils 5% maximum on Wind/Hail and Flood City of Miami listed as loss payee A. Coverage Extensions: As provided by carrier Rev. 2.9.23 35 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change, or 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 36 Bond No. EACX402473 -AIA Document A312'" - 2010 Performance Bond CONTRACTOR: (Nanne, legal stales and address) OAC Action Construction, Corp. 11980 SW 144 Ct., Suite 101 Miami, FL 33186 SURETY: (Name, legal startts and principal place of bushiess) Endurance Assurance Corporation 12890 Lebanon Road Mount Juliet, TN 37122-2870 OWNER: (Nance legal status and address) Assistance to the Elderly, Inc. 5617 NW 7th Street Miami, FL 33126 CONSTRUCTION CONTRACT Date: 8/29/2022 Amount: $1,260,594.69 Description: Assistance to the Elderly Residential Plaza (Name and localian) 1st Floor Renovation 5617 NW 7th Street, Miami, FL 33126 BOND Date: 2/22/2023 (Not earlier than Construction Contract Date) Amount: $ 1,260,594.69 Modifications to this Bond: 0 None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corp rate Seal) OAC Action Construction, Corp. Endurance s C ration Signature: Signature a Name and 0 j� � �r v Name an 1 re an Title: C Title: Atto y-in-Fact (Any additional signatures appear on (lie last page of this Performance Bond) (FOR INFORMATION ONI,Y - - Nance, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Archilect, Engineer or other- party;) HMS Insurance Associates, Inc. 20 Wight Avenue, Suite 300 One Pulse Design Studio Hunt Valley, MD 21030 5880 NE 41h Avenue (410) 337-9755 Miami, FL 33137 Init. AM Document A31VI — 2010 Performance Bond. The American institute of Architects All rights reserved.' - .. - ' Ito pruducItou or 0, -. , s-,.1 loss AIA led to me maximum uxlont po%crbiu under Iha la,. IF at 10 2014 on 04/3012016 under Order No 0008357762_1 which exp res on 0413012016. and is not for resale User Notes: This document has important legalconsequences. Consultation valh an attorney Is encouraged with respect to its completion or modificalion. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. This rlocumenl was produced by AIA software (1433350472) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 21f the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 if there is no Owner Default tinder the Construction Contract, the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Gcfault. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 die Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the O%vner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 railure on the part of the Owner tocomply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals fiom qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, anange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the anrcunt is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety per l orm its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pail, without further notice the Owner Shall be entitled to enforce any remedy available to the Owner. MA Document A31211' — 2010 Performance Bond. The American Institute of Architects. All rights reserved. lnit• t.,-/ l y, rnpynphI 1 .vr anrt 41 M..-Aa nnnI T1pal Inc Ihuu th •r1rert rq IUJ1+1!lou 01 d-,+I MMIP� l ur 11.-% -lof, +av1a two uirt etinuwi pe,., thus. mul vzw it prasoniitel to mu nraxmnan. estvnl imcblblo +,urter rha te.r.. Ths doeumentwas produced byA1A software at 10 28 14 on 041300015 ureter Order No 0808357752 1 which expires on 0413012016. and is not for resale. User Notes: (1433350472) § 7 If die Surety elects to act under Section 5. I, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and life responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to life commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting ti•om the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor, § 8 If the Surety elects to act under Section 5.1, 5.3 or SA, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shalt be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this [fond, whichever occurs first. Ifthe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutoty or other legal requirement in the Nation where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and I hc Contract Documents. 114.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default Failure of the O-Amer, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init. AIA Document A3121m — 2010 Performance nand. The American Institute of Architects. All rights reserved. WARNING Thls AIA Dvcumen! I, p+olcelud r.inrl International Treaties. llnaulhorized reproduction ordlstnbullon of Ills AIA Docummd, or any portion of il, fray res+dt in 3 villa Imp [a GCICI I [oil to laic maximum extent possible under Ilie law This document was produced by AIA software r at 10 28.14 on 04/3012015 under Order No 0808357752 1 which expires on 0413012016. and +s not for resale User Notes: (1433350472) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Suixontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as rollows: (Space is provided below for additional signrdares of addedpurifies, oNmr Man Those appearing on (Ire cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Co porztte Seal) Company: (Corporate Seal) Signature: Name and 'Title: Address: Signature: Name and Title: Address: Init. AlA Document A312T0 — 2010 Performance Bond. Tito American Institute of Architects. All rights reserved, WARNING: This AIA DOcuurCnt It: pnnlectod 71 S. Cnnvrt,ht Lavr and Inleinarlmml Treatlw. Uniollloltzed reprori ion of th •, AIA Doeomcal. or any portion of It. may renult In 4 and rdminal pcnallics, and will bn prosecuted to lire maxis: Au under tl - lava. This document was produced by AIA software / at 10 28 14 on 0413012015 under Order No.0803357752_1 which expires on 04/30/2016 and Is not for resale User Notes: (1433350472) Bond No. EACX402473 TM AIA' OocumentA312. Payment Bond CONTRACTOR: (Name, legal status and address) OAC Action Construction, Corp. 11980 SW 144 Ct., Suite 101 Miami, FL 33186 OWNER: (Name legal status and address) Assistance to the Elderly, Inc. 5617 NW 7th Street Miami, FL 33126 CONSTRUCTION CONTRACT Date: 8/29/2022 Amount: S 1,260,594.69 SURETY: (Nance, legal status and principal place of business) Endurance Assurance Corporation 12890 Lebanon Road Mount Juliet, TN 37122-2870 Description: Assistance to the Elderly Residential Plaza (Nance and location) 1 st Floor Renovation 5617 NW 7th Street, Miami, FL 33126 BOND Date: 2/22/2023 (Not earlier than Construction Contract Date) Amount: S 1,260,594.69 Modifications to this Bond: None Q Sec Scetion 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Cut7t to Seal) OAC Action Construction, Corp. ndurance, e o r tion Signature:--•�--�""�..-'� Signature Name and Q k p on Name an m y lBrfnnan Title: C-r o Title: ArtWhey-in-Fact (Airy additio►ral signatures appear opt the last page of this Payment pond) (FOR INFORMATION ONLY AGENT or BROKER: Name, address and telephone) OWNER'S REPRESENTATIVE: HMS Insurance Associates, Ina (Architect, Engineer or other party:) 20 Wight Avenue, Suite 300 Hunt Valley, MD 21030 (410) 337-9755 One Pulse Design Studio 5880 NE 41 Avenue Miami, FL 33137 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reverence to Contractor, Surety, Owner or other party shah be considered plural where applicable. AIA Document A312i0 — 2010 Payment Bond. r he American Institute orArehitecls. All rights reserved. WARNING: T lilt AIA` Document la protectod by Init. U.S Copyrlaht Law and International Troallo5. ltrauthorlsod reproduction ordistnhution or this AIAa Doeurnent, or any imrtlnn Of it, may result In severe civil and crindnal penalties, and will bo prosecuted to the maximum oxlmd possible under tiro law. This document was produced byAlAso%voro t at 10 07:45 on 04/30/201 Sunder Order No 8077485.1101 which expires on OMS/2018, and is not for resale User Notes: (011701315) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 21f the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 if there is no Owner Default under the Construction Contract, tlhe Surety's obligation to the Owner under this frond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 Tlhc Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section .3). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment tinder Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Clai ran, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. if, however, the Surely fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereaRer to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract slhal I be used for the performance of the Construction Contract and to satisfy claims, if any, tinder any const -uction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for- the completion of the work. [nit. AIA Document A312-- 2010 Payment Bond. The American insuluto of Architects. All rights reserved. WAR AING: Th6 AIA Documont to protected by 11 S. Copyrinht Law mid IntomationAl Trentles UnauthoMed reproduclion or rnstril7ntimi of thN AIA Document, or nay portion of it. r,i-y result Io 2 revere clvd nntl criminat punallies, ,rand will be prosecul.0 to Me, maxhnnor orlonl ponalblo undortho Inv+ This document was produced byAtA software at 10:07AS on 04/30=16 under Order No 8077485210_1 wh,ch expires on 0212ir/2016, and Is not for resale. User Notes: (911701315) § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner stall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant tinder this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor stall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in tnc performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by die Claimant for labor, materials or equipment furnished as of the date of the Claim; 3 the total amount of previous payments received by the Claimant; and .8 the total amount duoand unpaid to the Claimant for labor, materials or equipment furnished as of die date of the Claim. § 16.2 Claimant. An individual or ertity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materia s or equipment for use in the performance of the Construction Contract. The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "tabor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. 111e ageement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A3121" — 2010 Payment Bond. The American institute of Arch lects. All rights reserved. WARNING: This AIA° Document is protected by Init• U.S. Copyright I aw and international Treaties unauthorized reproduction ar riietNhubon of ttua AIAo IJocurnent, or airy portion or rl, mny result in covoro civil and crtndtin I ponaltiec, and vd,l be prosocutod to the maximum extent poccibto uWar the lam This document"" produced by AIA software at 10 WAS on 04l301201 Sunder Order No 80174852i0 1 which expires on 021M2018, and is not for Mate User Notes: (9117o131s) § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 18.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additignal signotur es of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: {Corporate Seal) Signature: Signature: Naame and Title: Name and Title: Address: Address: snit AIA Document A31210 — 2010 Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA- Documont is pi otoctod by I) S. Copyright 1 aw and Internal Ion el Trealles. Unauthorized reproduction or distilbuI Ion of this AIADocument, or any pottrnn of It, nray result in GCYerO Clvit and efliss-rfnl ponaiios, and wiI lie pronocuted to Ilia ma=itnum axlent po%sime nutter the ton. Thm ;s document was produced by AIA software t et 10 OT45 on 0413012015 under Order No 8077405210-1 which expires on 0212612016, and Is not for resale. User Notes: (911701315) SOMPO INTERNATIONAL a POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a 'Company" and collectively, 'Sompo International, do hereby constitute and appoint: William Francik, Gary L. Berger, Joshua B. Hauserman, Jonathan Kibler, Craig Bancroft, R. Nelson Oster, Stephen M. Mutscheller, Mary Goska, Emily Brennan, Robert F. White, Jamie Lawrence, Jennifer Schiazza, George Campbell as true and lawful Attomey(s)-In- Fact to make, execute, seal, and deriver for and on its behalf as surety or co -surely; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($10010001000.00►. Such bonds and undertakings for said purposes, when duly executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 151h day of June, 2019, a copy of which appears below under the heading entitled 'Certificate'. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 150 day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate beanng such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 151' day of June, 2019. Endurance Assurance Cc By� i t Richard Appel; A FA& ,eni eV ,'Jr.3rtp SFAL v t 2002 Endurance American In ujrp �gy, Richard Appe! ,$JVV- .,,§enior Counsel e P .0 S ATl Ai 1996 a3�3 7 DELAWARE _Lexon Insurance Company ACKNOWLEDGEMENT By: Bond Safeguard SOUTH DAKOTA O INSURANCE ,q COMPANY On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that h en(ieY `�'' nUf¢cer of each of the Companies; and that he executed .aid instrument on behalf of each Company by authority of his off under th by ws of each Company,` J�'` ••-. °� d� By: rip Amy ayler,�Not+blicMymmissiqn Expires 5/9h3 CERTIFICATE 1, the undersigned Officer of each Company, DO HEREBY CERTIFY that. 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and saki resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL. BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attomeys-in-fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 22nd day of Februs 2I 23 By: Dame S. lie, a rotary NOTICE; U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of 'national emergency' OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons'. This list can be located on the United States Treasury's website — httos /wvnvAreasunr ggvrrgaource-centersangt�Qns'SON-list In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked orfrozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: L ex o n C l a i rr Administration fS.So m oo-in l i c am Telephone: 615-663.9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 DUAL OBLIGEE RIDER TO PERFORMANCE AND PAYMENT BOND (TO BE ATTACHED TO BOND AT TIME OF ISSUANCE) TO BE ATTACHED TO and made a part of Performance and Payment Bond, Number EACX402473, issued by Endurance Assurance Corporation, a Delaware Corporation, as Surety, on the 22nd day of February, 2023 on behalf of OAC Action Construction, Corp., as Principal and in favor of Assistance to the Elderly, Inc., as Obligee. WHEREAS, upon the written request of the Principal and Obligee the attached bond is hereby amended as follows: 1. The Name of City of Miami shall be added to said bond as named Obligee. 2. Notwithstanding any provisions herein to the contrary, there shall be no liability on the part of the Principal or Surety under this bond to the Obligees, or either of them, unless the Obligees, or either of them, shall make payments to the Principal, or to the Surety in case it arranges for completion of the Contract upon default of the Principal, strictly in accordance with the terms of said Contract as to payments, and shall perform all the other obligations required to be performed under said Contract at the time and in the manner therein set forth. In no event shall the Surety be liable in the aggregate to both Obligees for more than the penal sum of its Performance Bond, nor shall it be liable except for a single payment for each single breach or default. At the Surety's election, any payment due to either Obligee may be made by its check issued jointly to both. WHEREAS, it is further understood and agreed that nothing herein contained shall be held to change, alter or vary the terms of the above described bond(s) except as hereinbefore set forth. SIGNED, Sealed and dated this 22nd day of Februa ,ram 2023. ATTEST OR WITNESS: OAC Action Construction, Cor 4S]tAL) Principal ' a• By. Endurance Assurance Corporation (SEAL) Sure By: Emi ttorney-in- pact S,OMPO INTERNATIONAL POWER OF ATTORNEY 3392 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware corporation, Lexon insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and collectively,"Sompointernational,"doherebyconstiUite_and_appoint William Francik, Gary L. Befgar, JashuaB. Hauserman, Jonathan Kibler, Craig Bancroft,&Nelson Oster, Stephen M. Mutschelthr, Mary Goska, Emily Brennan, Robert F. white, Jamie Lawrence, Jennifer Schfazza, George Campbell as true and lawful Attomey(s)-In- Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 150 day of June, 2019, a copy of which appears below under the heading entitled "Certificate" This Power of Attorney Is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15s' day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or sea! shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15e day of June. 2019. Endurance Assurance CorporaticyN By: 4 &L-J 9� QJV4V Richard Appel;_&Senlor Counsel SEAL 2002 DE (AWARE Endurance American in ura rpiv By: Richard Appepla,Sd/Pq&,;3eniorCounsel W r---- ---!4 * c,°¢po�4TF% i s a N; SEAL 0i 7A DElAWARE •'a i yVM,MMNM��� ACKNOW _Lexon Insurance Company Bond Safeguard A souTH �;• DAKOTA �� p INSURANCE PAb Znp COMNY On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duty sworn, did depose and say that ti! �O y � o#oer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offi under th by +blicMy ompany ` w %4 Amy aylor, Not mmission F-tpi s 5/9/231` CERTIFICATE 1, the undersigned Officer of each Company, 00 HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL. BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L SIMS, CHRISTOPHER L. SPARRO, MARIANNE L. WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attomeys-in-fact for the purpose of making, executing, sealing adddeliver.ng bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company." 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the wh ole rdof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 22nd day of 20 23 By: Dania S. ne, a tary NOTICE: U. S TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC) No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides ipformation concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and lister numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as'Speciaily Designated Nationals and Blocked Persons'. This list can be locatec on the United States Treasury's website - httos•/Mww.treasury.00v/resource-center/sanctions/SDN-List In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. when a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refund may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: LexonClaimAdministrationP-somoo4nti.com Telephone: 615.553-9500 Mailing Address: Sompo International;12890 Lebanon Road; Mount Juliet, TN 37122-2870 AHOLMES EVIDENCE OF PROPERTY INSURANCE DATE 6/20/2023 (MIVUDDNYYY' THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY (A/C, No, Ext): (561) 395-1433 COMPANY Plastridge Insurance Agency Homeland Insurance Company 2100 N. Dixie Highway c/o Hull & Company Boca Raton, FL 33431 Ft. Lauderdale, FL I Fe c NCI-(561) 395-4755 I ADDRESS: bocadocs@plastrldge.com CUSTOMER ID #:ASTOTHE-01 INSURED Assistance to the Elderly, Inc LOAN NUMBER POLICY NUMBER 5617 NW 7th. Street �795021397 Miami, FL 33126 EFFECTIVE DATE EXPIRATION DATE 2/25/2023 2/25/2024 TCONT ERM TERM THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Loc # 1, Bldg # 1, 5617 NW 7th. Street, Miami, FL 33126 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ....,�... ---.. ... .. -I .,.., ---.. X COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Loc # 1, Bldg # 1 Property Excess Limit of Liability $12,683,733 KtMAKKb (mciuomg Jpeclal L onuluons) Special Conditions: Wind deductibles; - $50,000 All Other Wind per occurence -5% subject to $50,000 minimum per occurence respects Named Storm 1/6th for Business Income Monthly Loss Limitation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NAME AND ADDRESS ADDITIONAL INSURED LENDER'S LOSS PAYABLE X LOSS PAYEE -11 MORTGAGEE LOAN # City of Miami 444 SW 2nd Ave AUTHORIZED REPRESENTATIVE Miami, FL 33130 ACORD 27 (2016103) V 'I `Jy3-ZU10 AL UKLI I.UKrUKA 1 IUPI. An rlgnts reserveu. The ACORD name and logo are registered marks of ACORD AHOLMES EVIDENCE OF PROPERTY INSURANCE DATE 6/2012023 ' THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY L Plastridge Insurance Agency 2100 N. Dixie Highway Boca Raton, FL 33431 1) 395-4755 WSTonnER ID #: ASTOTH E-01 INSURED Assistance to the Elderly, Inc 5617 NW 7th. Street Miami, FL 33126 COMPANY Mt. Hawley Insurance Company LOAN NUMBER POLICY NUMBER MPC0605102 EFFECTIVE DATE EXPIRATION DATE 2/25/2023 2/25/2024 1 F-1 CONTINUED UNTIL �^ THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATIONIDESCRIPTIO N Loc # 1, Bldg # 1, 5617 NW 7th Street, Miami, FL 33126, ALF 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rnvCDA/^C IAICn0RAATIn K1 I I DAC- I I DDn— I I CDCnIAI COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Loc # 1, Bldg # 1 Property Including Wind - Total Insured Value $10,000,000 5,000 KLMAKKs (Incluamg special L onarclons/ Special Conditions: NS Wind - 5% subject to a minimum of $50,000 Windstorm or Hail - $50,000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A MMI1 IAAIA 1 IMITCOCCT NAME AND ADDRESS ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE X LOSS PAYEE LOAN # City of Mami 444 SW 2nd Ave, 5th Floor AUTHORIZED REPRESENTATIVE Miami, FL 33130 ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: MPCO605102 BUILDING AND PERSONAL PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. A. Coverage We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property, as used in this Coverage Part, means the type of property described in this section, A. 1., and limited in A. 2. Property Not Covered, if a Limit of insurance is shown in the Declarations for that type of property. a. Building, meaning the building or structure described in the Declarations, including: (1) Completed additions; (2) Fixtures, including outdoor fixtures; (3) Permanently installed: (a) Machinery and (b) Equipment; (4) Personal property owned by you that is used to maintain or service the building or structure or its premises, including: (a) Fire -extinguishing equipment; (b) Outdoor furniture; (c) Floor coverings; and (d) Appliances used for refrigerating, ventilating, cooking, dishwashing or laundering; (5) If not covered by other insurance: (a) Additions under construction, altera- tions and repairs to the building or structure; (b) Materials, equipment, supplies and temporary structures, on or within 100 feet of the described premises, used for making additions, alterations or repairs to the building or structure. b. Your Business Personal Property located in or on the building described in the Declara- tions or in the open (or in a vehicle) within 100 feet of the described premises, consisting of the following unless otherwise specified in the Declarations or on the Your Business Person- al Property — Separation Of Coverage form: (1) Furniture and fixtures; (2) Machinery and equipment; (3) "Stock"; (4) All other personal property owned by you and used in your business; (5) Labor, materials or services furnished or arranged by you on personal property of others; (6) Your use interest as tenant in improve- ments and betterments. Improvements and betterments are fixtures, alterations, installations or additions: (a) Made a part of the building or struc- ture you occupy but do not own; and (b) You acquired or made at your ex- pense but cannot legally remove; CP 00 10 06 07 © ISO Properties, Inc., 2007 Page 1 of 15 Insured MONARCH NATIONAL INSURANCE COMPANY \iONARCII NATION %I INWRAM I 0Oil1 MONARCH NATIONAL https: manarchnational.com I'r) 13ov _04) 7 Kalispell \11 59903 USA (800)219-3102 NAIL# -. 15715 PROPERTY ADDRESS #: A "V #: Nr.. POLICY#: POLL 1' TERM: POLL( t ISSUED BY: PAYOR: 5617 NW 7TH ST, Miami, FL, 33126 8705880403 8705880403 01-25-2023 (12:01 AM) - 01-25-21124 (12:01 AM) MONARCH NATIONAL INSURANCE COMPANY HADJEZ TRADING GROUP INSURED NAME & MAILING ADDRESS ASSISTANCE TO THE ELDERLY INC 5617 N1V 7TH ST, Miami, FL, 33126 ENDORSEMENT EFFECTIVE DATE: 01-25-2023 REASON FOR CHANGE: Mortgagee POLICY FORM: General property form POLICY DECLARATIONS TYPE: Revised Policy Declarations RATE CATEGORY : Rating -Engine AGENT CONTACT INFORMATION HADJEZ TRADING GROUP 8750 N'W 36TH ST STE Miami, FL, 33178 Phone : 3054184701 FLOOD INSURANCE' POLU 1 )ECLARATIONIS This Declaratlow� I'aj)r IS hart O1 your hONCV. FII1S IS N(1T A BILL. Polio C mera'ze,, & Fndorsenlcnts COVERAGE. DEDUCTIBLE nrildi�i, S 500,000 s 2,000 $ L459 t ant $ 122,000 S 2,000 Total Annual Payment Coverage limitations may apply. See your Policy Form for detail~. Includes Premium, Discounts, Fees, and Surcharges Prorcrl� Inli0l-n1all, 11 Premium ('aiculatiolis Primary Residence NO Building Occupancy Non -Residential Building Building Description Commercial First Floor Height (FFII) ' Method Used to Determine FFH EC Property Description Slab on Grade (non -elevated). 14 Floor,. Other Date ofC'onstruction 01-01-)990 Prior NFIP Claims 0 Claim(s) Replacement Cost Value $ 20,000,000.00 Your property's NFIP flood claims history can affect your premium. C'O.VIPONFNTS OF THE TOl AL PRFMIUM Building Premium: $ 2,928 Contents Premium: S 789 Increased Cost ofC'ompliance ([CC) Premium: S 71 Community Rating System Discount: Full -Risk Premium: $ 3,069 Statutory Discounts: Annual Increase Cap Discount: Discounted Premium: $ 985 Fees and Surcharges: Reserve Fund Assessment: S 177 IIFIAA Surcharge: 5 250 hederal Policy Fee: S 4 7 Total Premium $ 1,459 ADDH ION \1 1\11 R STS First Mortgagee GRANDBRIDGE REAL ESTATE CAPITAL LLCISAOA ATIMA, 214 North Tryon Street Suite 2000, Charlotte. Mecklenburg County, NC, 28202 Loan* : 330450555 M If there have been any mortgagee changes, please make sum your profile reflects the changes. For questions about your flood insurance rating, contact your agent or insurance company. Date Mailed: 02-14-2023 To learn more about your flood risk, please visit FloodSmart.gov NATIONAL FL r013 NwAANU PROCA4`A EXHIBIT G-2 INSURANCE REQUIREMENTS ASSISTANCE TO THE ELDERLY, INC. ARPA BENEFICIARY REQUIREMENTS Commercial General Liability b. 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 C. 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 $ 1,000,000 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 37 $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional E&O Liability Limits of Liability Each Claim $1,000,000 Policy Aggregate $1,000,000 Retroactive date included as applicable 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 38 Signat July 12, 2023 Print e: G`� ie Date Title: Ch 'rman, Assistance to the Elderly, Inc. STATE Off' FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this 12 day of July 2023 by George Abadie, Chairman of Assistance to the Elderly, Inc, a Florida for profit corporation, on behalf of the corporation. He/she is personally known to me or has produced a identification. Signature of Notary [N to CARMENCROSS '* *a Commission # HH 329991 Expires March 5, 2027 Ila Rev. 2.9.23 39 AHOLMES ASTOTHE-01 1' ACORO �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYvv) 5/23/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Plastridge Insurance Agency 2100 N. Dixie Highway Boca Raton, FL 33431 NAMTACT jAH/Co, No, Ext): (561 395-1433 FAx ) (A/c, No):(561) 395-4755 ADDRIL s: bocadocs@plastridge.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Kinsale Ins Co. 38920 INSURED Assistance to the Elderly, Inc 5617 NW 7th. Street Miami, FL 33126 INSURER B : Progressive Express Ins. Co. 10193 INSURER C : INSURER D : INSURER E INSURER F : cnvPRer--E9 CFRTIFICOTF NHMRFR• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MML'D 'E"IMMIDDIYYYY POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE ❑ OCCUR 0100167061-1 10/20/2022 10/20/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PR MI a occurrence SQ�QQO $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY1:1 JECPROT ❑ LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ $ B AUTOMOBILE LIABILITY ANY AUTO ULED OWNED AUTOS ONLY X AUTOS AUTOS ONLY AUOTOS ONED 04351120-9 9/14/2022 9/14/2023 C e acccidentSINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident $ 1,000,000 PROPERTY DAMAGE Per accident 1,000,000 $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFIC R/M in NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N / A I PER OTH- TATLITER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Loc #1, Bldg #1, 5617 NW 7th. Street, Miami, FL, 33126 Certificate Holder is an additional insured with respects to the general liability only as per written contract. City of Miami 444 SW 2 Avenue 5th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FLORIDA FACE PAGE Insured's Name: Assistance to the Elderly Inc Policy #: 0100167061 -1 Policy Dates From: Oct 20, 2022 To: Oct 20, 2023 Surplus Lines Agent's Name: Jeff Aumick Surplus Lines Agent's Address: 477 South Rosemary Avenue Suite 215 West Palm Beach FL 33401 Surplus Lines Agent's License #: A009843 Producing Agent's Name: Ronald D'Addio Producing Agent's Physical Address: 2100 N. Dixie Highway Boca Raton, FL 33431 "THIS INSURANCE IS ISSUED PURSUANT TO THE FLORIDA SURPLUS LINES LAW. PERSONS INSURED BY SURPLUS LINES CARRIERS DO NOT HAVE THE PROTECTION OF THE FLORIDA INSURANCE GUARANTY ACT TO THE EXTENT OF ANY RIGHT OF RECOVERY FOR THE OBLIGATION OF AN INSOLVENT UNLICENSED INSURER." "SURPLUS LINES INSURERS' POLICY RATES AND FORMS ARE NOT APPROVED BY ANY FLORIDA REGULATORY AGENCY." Policy Premium. NA Carrier Insp Fee:NA Tax: NA Fire Marshall Tax: NA Surplus Lines Countersignature: Policy Fee: NA Stamp Fee: NA Carrier Policy Fee: NA Fire college Fee: NA "'THIS POLICY CONTAINS A SEPARATE DEDUCTIBLE FOR HURRICANE OR WIND LOSSES, WHICH MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." El "THIS POLICY CONTAINS A CO -PAY PROVISION THAT MAY RESULT IN HIGH OUT-OF-POCKET EXPENSES TO YOU." THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY DECLARATIONS CHANGES Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100167061-1 05/18/2023 12:01AM at the Named Insured Assistance to the Elderly Inc address shown on the Declarations Additional Premium: Return Premium: $0 $0 Policy Change Number: 2 This endorsement modifies insurance provided under the following: ALL COVERAGE FORMS The following item(s): Named Insured Insured's Mailing Address Policy Number Company Effective/Expiration Date Insured's Legal Status/Business of Insured Retroactive Date Premium Basis Additional Interested Parties X Coverage Form and Endorsements Limits/Exposures Deductibles Covered Property/Located Description Classification/Class Codes Rates Description of Operations Broker of Record Increase/Decrease in Policy Values Company Fee Amendment Location Address Extended Reporting Period Endorsement is (are) changed as shown {See Additional Pages(s)): The above amendments result in a change in the premium as shown above. If this box is checked, any additional premium shown above is considered non-refundable as of the effective date of the endorsement. POLICY CHANGES ENDORSEMENT DESCRIPTION Amend Form: AHL5001-0221- Additional Insured - Scheduled Signed By: (Authorized Representative) ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ADF4004 0721 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100167061-1 05/18/2023 12:01AM at the Named Insured Assistance to the Elderly Inc address shown on the Declarations Additional Premium: Return Premium: 1 $o $0 This endorsement modifies insurance provided under the following: ALLIED HEALTH GENERAL LIABILITY COVERAGE SCHEDULE Policy Change Number: 2 Name and Address of Additional Insured(s): Secretary of Housing and Urban Development ATIMA 451 7th Street S.W., Washington, DC 20410 Miami Dade County Risk Management Division, 701 NW 1 Ct Miami, FL 33136 Grandbridge Real Estate capital LLC ISAOAATIMA, Grandbridge Real Estate Capital LLC, 200 South College Street, Suite 200 Charlotte, NC 28202 City of Miami 444 SW 2 Avenue 5th Floor Miami FL 33130 A. SECTION II -WHO IS AN INSURED is amended to include the person or organization shown in the above Schedule as an Additional Insured, but only for the vicarious liability imposed on the Additional Insured, provided that such liability is caused by the sole negligent conduct of the "named insured" and is proximately caused by "your work" for the Additional Insured. However: 1. The insurance afforded to such Additional Insured only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract to provide for such Additional Insured. B. The insurance provided to the Additional Insured under this endorsement is limited as follows: 1. This coverage does not apply to "bodily injury" or "property damage": a. Arising out of the sole negligence of the Additional Insured or any employees of the Additional Insured; b. To any "employee" of the "named insured" or to any obligation of the Additional Insured to indemnify another because of "damages" arising out of such injury. 2. Where there is no duty to defend the "named insured", there is no duty to defend the Additional Insured. Where there is no duty to indemnify the "named insured", there is no duty to indemnify the Additional Insured. 3. A person's or organization's status as an Additional Insured under this endorsement ends when "your work" for that Additional Insured is completed. C. With respect to the insurance afforded to the Additional Insured, the following is added to SECTION III —LIMITS OF INSURANCE AND DEDUCTIBLE: The most we will pay on behalf of the Additional Insured is the amount of insurance: AHL50010221 Page 1 of 2 1. Required by the written contract; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. D. Duties of the Additional Insured in the event of claim or "suit": 1. The Additional Insured must promptly give notice of a claim which is made or a "suit" to any other insurer which has insurance for a loss to which this insurance may apply. 2. The Additional Insured must promptly tender the defense of any claim made or "suit" to any other insurer which also issued insurance to the Additional Insured as a Named Insured or to which the Additional Insured may qualify as an Additional Insured for a loss to which this insurance may apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AHL50010221 Page 2 of 2 May 8, 2023 City of Miami Office of Management & Budget 444 SW 2 Avenue, 51' Floor Miami, Florida 33130 Dear Sires, Q ?.T E ASSISTANCE TO THE ELDERLY This letter is to certify that Assistance to the Elderly, Inc. has no employees. Due to this Assistance to the Elderly is exempt of Workers Compensation Insurance as per Florida Statute 440. Any questions please contact me bgalindo@residentialplaza.com Barbara Adminis 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. ov https•//home treasurygov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf Throughout the term of this Agreement, the BENEFICIARY shall submit to the CITY a quarterly report on the 1 oth 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 BENEFICIARY understands that they are required to submit to the CITY a final quarterly report on the 1 Ot" 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 arpareportingLalmiamigov.com on the form template provided by the CITY. The project Assistance to the Elderly Inc (Residential Plaza) is eligible for the use of ARPA (SLFRF) funds under the Department of Treasury Final Rule, Expenditure Category: 2.34 — Negative Economic Impacts: Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted) 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 2.34 — Negative Economic Impacts: Assistance to Non -Profits: Assistance to Impacted Nonprofit Organizations (Impacted or Disproportionately Impacted) — Requires the following additional reporting: 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 40 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 Non -Profits Impacted • Non -Profits that experienced a negative economic impact of the pandemic (please specify) • Classes of non -profits designated as negatively economically impacted by the pandemic (please specify) Disproportionately Impacted • Non -profits operating in Qualified Census Tracts • Non -profits operated by Tribal governments or on Tribal lands • Non -profits operating in the U.S. territories • Other non -profits disproportionately impacted by the pandemic (please specify) V. Assistance to Non -Profits (EC 1.9, 2.34)- Collection to begin April 2022 o Number of Non -Profits served (by program if recipient establishes multiple separate nonprofit assistance programs). VI. 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 o Does this project include a capital expenditure? (Collection began in January 2022) o Total expected capital expenditure, including pre -development costs, if applicable (Collection began in January 2022) o Type of capital expenditure, based on the following enumerated uses (This field is optional in April 2022; required in July 2022): ■ Installation and improvement of ventilation systems in congregate settings, health facilities, or other public facilities ■ Adaptations to congregate living facilities, including skilled nursing facilities, other long-term 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 Rev. 2.9.23 41 construction of new facilities for the purpose of mitigating spread of COVID- 19 in the facility) ■ Mitigation measures in small businesses, nonprofits, and impacted industries (e.g., developing outdoor spaces) ■ Improvements to existing facilities to remediate lead contaminants (e.g., removal of lead paint) ■ 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) ■ Rehabilitations, renovation, remediation, cleanup, or conversions of vacant or abandoned properties ■ Other (please specify) Rev. 2.9.23 42 Olivera, Rosemary From: Brito, Gabriel Sent: Thursday, August 10, 2023 10:07 AM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Quintana, Rachel; Gouin, Marie Subject: Assistance to the Elderly, Inc (Residential Plaza) - ARPA Grant Agreement Attachments: DocuSign_ARPA_Grant_Funding_Agreement_-ATTE INC_D1_A - Final.pdf RE: Assistance to the Elderly, Inc (Residential Plaza) - ARPA Grant Agreement Good morning Todd, 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. GabrlelJ. Biito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5t" Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com 1