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HomeMy WebLinkAbout24710AGREEMENT INFORMATION AGREEMENT NUMBER 24710 NAME/TYPE OF AGREEMENT ALLAPATTAH COMMUNITY ACTION, INC. DESCRIPTION GRANT AGREEMENT/ELDERLY MEALS/FILE ID: 14193/R-23- 0328 EFFECTIVE DATE December 4, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 12/14/2023 DATE RECEIVED FROM ISSUING DEPT. 12/18/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT DEPT. CONTACT PERSON: Monica Galo EXT. 1976 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Allapattah Community Action, Inc. IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES NO TOTAL CONTRACT AMOUNT: $ 217,548.00 FUNDING INVOLVED? YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY): ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF THE ITEM (BRIEF SUMMARY): Contract in the amount of $217,548.00 in ARPA funding to Allapattah Community Action, Inc. for Public Services activities. For more information, please refer to Resolution COMMISSION APPROVAL DATE: 7/27/2023 FILE ID: 14193 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-23-0328 ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTORoctober 26, 2023 1 07:22:17 PRINT: ROB EDT SIGNATURE ?eo i , by: - , i , October 26, 2023 SUBMITTED TO RISK MANAGEMENT I 07:41:30 EDT PRINT: ANN SIGNATURE C549E6eFeOAB45E.. 4Es� a^E Fmk�(17 27305F41 g2-14€7... SUBMITTED TO CITY ATTORNEY ovember 28, 2023 I 02:41:22 XEA EST PRINT: VICTORIA MENDEZ DocuSignedby: SIGNATURE: // �� APPROVAL BY ASSISTANT CITY MANAGERNovember 30, 2023 106:11:18 PRINT: LARRY EST SIGNATURE: ca ,!„)f fined by 6FE0457._ ' -'„ r� S.Pt �b"" RECEIVED BY CITY MANAGER November 30, 2023 I 07: 56: 50 EST PRINT: ART N SIGNATURE: 5R,As/Vned by: �f arlu,�Aa' NOleillt 1) ONE ORIGINAL TO CITY CLERK, December 4, 2023 I 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 23:57:58 EST PRINT: TODD SIGNATURE AICIMND1342A... ,—DocuSigned by: PRINT: SIGNATURE: PRINT: SIGNATURE: "-E4607560DCF1459... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER CITY OF MIAMI, FLORIDA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT THE AMERICAN RESCUE PLAN ACT OF 2022 GRANT AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 4 day of December , 2023, between the City of Miami, a municipal corporation of the State of Florida (hereinafter the "CITY"), & Allapattah Community Action, Inc. a Florida not for profit corporation (hereinafter referred to as the "PROVIDER"). FUNDING SOURCE: United States Department of the Treasury CFDA# (If applicable): 21.027 AMOUNT: $ 217,548.00 TERM OF AGREEMENT: See 3.2 PROJECT NUMBER: UEI NUMBER: MC75TTMKHZY1 AGENCY'S ADDRESS: 2257 NW North River Drive Miami, FL 33125 WITNES SETH WHEREAS, the scope of services described in the Agreement are authorized through the Act and the Resolution, with funding from the United States Department of the Treasury; and WHEREAS, the City Commission of the City of Miami authorized the City Manager to execute the necessary agreements with the PROVIDER so that PROVIDER can provide Elderly Meals: and WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement Exhibit B Scope of Services Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Exhibit F Crime Entity Affidavit Exhibit G Insurance Requirements Exhibit H Programmatic Reporting Requirements 1.2 DEFINED TERMS. As used herein the following terms shall mean: Funds: The 8217,548.00 paid to PROVIDER in exchange for PROVIDER completing the activities described in the Scope of Services set forth in Exhibit B. 2 Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the PROVIDER or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CFR: Code of Federal Regulations. Department: The City of Miami Department of Housing and Community Development, or its designee. Federal Award: Any federal funds received by the PROVIDER from any source during the period of time in which the PROVIDER is performing the obligations set forth in this Agreement. Program: CITY's Public Services Program which is pursuant to the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (the "Act"), 31 CFR Part 35 ("Final Rule"), and by City of Miami's City Commission through Resolution No. R-23-0328 (the "Resolution") with funding from the United States Department of the Treasury Treasury: The United States Department of the Treasury. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Scope of Services submitted by the PROVIDER to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the PROVIDER. It should specifically describe the activities to be carried out as a result of the expenditure of Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the services and/or project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 3 2.1.2 The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Scope of Services. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the PROVIDER under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and telephone numbers.) 2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services. 2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the PROVIDER's corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 Copy of the PROVIDER's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by the PROVIDER's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; acceptance of the requirements contained under the Act and Lead Based Paint regulations under 24 CFR Part 35. 2.12 ADA Requirements. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement is from October 1, 2023 to September 30, 2024. 4 3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the services and activities as prescribed in its Scope of Services, attached hereto and incorporated herein as Exhibit "B" ("Scope of Services"), which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by the Treasury and the CITY. 3.4 POLICIF S AND PROCEDURES. This Agreement is subject to the current Federal requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER is aware of and accepts the Act, the Final Rule, and the Program's Policies and Procedures Manual, which is attached hereto and incorporated herein as Exhibit "H" (collectively, "Policies and Procedures"), as the official documents that outline the fiscal, administrative, and federal guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the event of the occurrence of any delays in the activities thereunder, the PROVIDER shall immediately notify the Department in writing, giving all pertinent details and indicating when the Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior to undertaking any of the following with respect to the project and/or the Scope of Services: • The addition of any positions not specifically listed in the approved Itemized Budget. • The modification or addition of any job descriptions. ■ The purchase of any non -expendable personal property. ■ The disposition of any real property, expendable personal property or any non - expendable personal property. • Any out-of-town travel not specifically listed in the Itemized Budget. ■ The use of Funds in any manner not specifically listed in the Itemized Budget. ■ Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals. • The disposal of any Agreement Records. 5 ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the PROVIDER shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the PROVIDER shall furnish to the CITY original certificates of insurance indicating that the PROVIDER is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the PROVIDER at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The PROVIDER agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures. Any payments made to the PROVIDER are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture Funds in the event that the PROVIDER shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state, and local governments and/or agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for Program activities and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in rules, laws, federal guidance, rules, laws, and regulations. ARTICLE V AUDIT REQUIREMENTS 5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit requirements: 5.1.1 If the PROVIDER expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. Such Audit must be conducted in accordance with General Accepted Government Auditing Standards (GAGAS.) 6 a) Single Audit. A single audit must be conducted in accordance with the applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the PROVIDER elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a PROVIDER expends Federal Awards under only one federal program and the federal program's statutes, regulations, or the terms and conditions of the Federal Award do not require a financial statement audit of the PROVIDER, the PROVIDER may elect to have a Program -Specific Audit conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits". The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the applicable requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the PROVIDER has complied with Federal statutes, regulations, and the terms and conditions of Federal Awards that could have a direct and material effect on the Federal program consistent with the applicable requirements of 2 CFR 200.514(d). (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the PROVIDER in accordance with the applicable requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor concludes that the summary schedule of prior audit findings materially misrepresents the status of any prior audit finding; and (v) Report any audit findings consistent with the applicable requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; (ii) A report on internal control related to the Federal program, which must describe the scope of testing of internal control and the results of the tests; (iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to whether the PROVIDER complied with laws, regulations, and the terms and conditions of Federal Awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the PROVIDER expends less than $750,000 in federal funds during its fiscal year, it is exempted from federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The CITY, however, may request the PROVIDER to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to determine whether the PROVIDER has met the requirements of the Program. At a minimum, the following records shall be maintained by the PROVIDER: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with Funds, including its location (if the activity has a geographical Locus), the amount of Funds budgeted, obligated and expended for the activity, and the specific provision in the Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies and Procedures and the Resolution, and that such infouiiation is provided in the form required in same. 6.1.3 Equal Opportunity Records containing: 8 (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Financial records, in accordance with the applicable requirements of the Final Rule. 6.1.4 Records required to be maintained in accordance with other applicable laws and regulations set forth in the Final Rule. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS. 6.2.1 The Department shall have the authority to review the PROVIDER's records, including project and programmatic records and books of account, for a period of five (5) years from the expiration/termination of this Agreement (the "Retention Period"). All books of account and supporting documentation shall be kept by the PROVIDER at least until the expiration of the Retention Period. The PROVIDER shall maintain records sufficient to meet the requirements of the Final Rule. All records and reports required herein shall be retained and made accessible as provided thereunder. The PROVIDER further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The PROVIDER shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. The parties hereto further agree that any of the obligations in this section will survive the term, tennination, and cancellation hereof. IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, PLEASE CONTACT THE CITY' S CUSTODIAN OF PUBLIC RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL: PUBLICRECORDS@MIAMIGOV.COM, AND MAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE 9 DEPARTMENT'S CUSTODIAN OF RECORDS AT 14 NE 1st Avenue, 2nd Floor, Miami, FL 33132. 6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement. 6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Scope of Services or under the tetnis of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The PROVIDER shall notify the Department in writing both during the term of this Agreement and after its expiration/termination as part of the final close-out procedure, of the address where all Agreement Records will be retained. 6.2.5 The PROVIDER shall obtain the prior written consent of the Depaitiuent to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS. 6.3.1 At any time upon request by the Department, the PROVIDER shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the Scope of Services for public purposes. 6.3.2 If the PROVIDER receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the PROVIDER shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The PROVIDER shall permit the Department and other persons duly authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, and activities of the PROVIDER which are in any way connected to the activities undertaken pursuant 10 to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the PROVIDER. Following such inspection or interviews, the Department will deliver to the PROVIDER a report of its findings. The PROVIDER will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the PROVIDER's justification is acceptable. At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The PROVIDER shall ensure the cooperation of its employees and its board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping board of directors and an organization for which the PROVIDER is responsible for appointing memberships. Upon fouiiing the relationship or if already formed, before of at the time of execution of this Agreement, the PROVIDER shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The PROVIDER shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis, a Scope of Services status report. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The PROVIDER shall maintain current documentation that its activities are Program eligible in accordance with the Policies and Procedures and the Resolution. 7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with Funds is an activity which provides benefit to eligible Program applicants under the Act and the Resolution. 7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures and the Resolution and the PROVIDER shall carry out each activity in compliance with all applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER acknowledges that it may be required to comply with additional requirements imposed by the Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written notice from the CITY. 11 7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request of the Department and to provide information as requested or required to the Department. 7.5 OMITTED. 7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Scope of Services or its performance under this Agreement. Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Funds. 7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws and regulations, state statutes, and local laws. 7.8 OMITTED. 7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROVIDER shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of the Act and all applicable laws. In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, Funds may not be used for religious activities. The PROVIDER shall comply with those requirements and prohibitions when entering into subcontracts. 7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the PROVIDER must transfer to the CITY any unused Funds at the time of expiration/termination and any accounts receivable attributable to the use of Funds. 7.12 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the PROVIDER's receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the PROVIDER fails to comply with the teiiiis of this Agreement, the CITY may suspend or terminate this Agreement in accordance with Article X of this Agreement. 7.13 SUBCONTRACTS AND ASSIGNMENTS. 7.13.1 The PROVIDER shall ensure that all subcontracts and assignments: (a) Identify the full, correct, and legal name of all parties; 12 (b) Describe the activities to be performed; (c) Present a complete and accurate breakdown of its price components; (d) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement. The requirements of this paragraph apply only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by the CITY, set forth in this Agreement. The CITY shall in its sole discretion detetiiiine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. 7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following provision: "The PROVIDER is not responsible for any insurance or other fringe benefits for the Consultant or employees of the Consultant, e.g., social security, income tax withholding, retirement or leave benefits normally available to direct employees of the PROVIDER. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the scope of services provided in this subcontract." 7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance of all subcontracts. 7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any subcontract engaging any party to carry out any substantive programmatic activities, to ensure its compliance with the requirements of this Agreement. The CITY' s review and confirmation shall be obtained prior to the release of any funds for the PROVIDER's Subcontractor(s). 7.13.5 The PROVIDER shall receive written approval from the CITY prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. Approval by the CITY of any subcontract or assignment shall not under any circumstances be deemed to require for the CITY to incur any obligation in excess of the total dollar amount agreed upon in this Agreement. 7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety - Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related acts, as applicable. 7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. 13 ARTICLE VIII PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS. 8.1 The PROVIDER certifies that: (a) The PROVIDER possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. (b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of employees. (c) The PROVIDER shall establish safeguards to prohibit its employees from using their positions for a purpose that is or gives the appearance of being motivated by desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (d) To the best of its knowledge and belief, the PROVIDER and its principals: (i) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (ii) have not, within a three-year period preceding the date of this Agreement, been convicted of or had a civil judgment rendered against any of them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or a contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction or records, making false statements, or receiving stolen property; (iii) are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with the commission of any of the offenses enumerated in this Article VIII; and (iv) have not, within a three-year period preceding the date if this Agreement, had one or more public transactions (Federal, State, or local) terminated for cause or default. ARTICLE IX INTENTIONALLY OMITTED 14 ARTICLE X REMEDIES, SUSPENSION, TERMINATION 10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the PROVIDER, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the PROVIDER an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the PROVIDER that any payment made in accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not be obligated and shall not pay to the PROVIDER any sum whatsoever. If the PROVIDER fails to materially comply with any team of this Agreement, the CITY may take one or more of the following courses of action: 10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the PROVIDER, or such more severe enforcement action as the CITY determines is necessary or appropriate. 10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 10.1.3 Wholly or partially suspend or terminate the current Funds committed to the PROVIDER. 10.1.4 Withhold further funds from the PROVIDER. 10.1.5 Take all such other remedies that may be legally available. 10.2 SUSPENSION. 10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's operations and authority to obligate funds under this Agreement or withhold payments to the PROVIDER pending necessary corrective action by the PROVIDER. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the Funds by the PROVIDER; (ii) Failure by the PROVIDER to comply with any term or provision of this Agreement; (iii) Failure by the PROVIDER to submit any documents required by this Agreement; or (iv) The PROVIDER's submittal of incorrect or incomplete documents. 15 10.2.2 The Department may at any time suspend the PROVIDER' s authority to obligate funds, withhold payments, or both. 10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all or any part of the activities funded by this Agreement. 10.2.4 The Department will notify the PROVIDER in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 10.3 TERMINATION. 10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the PROVIDER. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the PROVIDER pursuant to this Agreement. 10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the PROVIDER is materially non -compliant with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the PROVIDER to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY may, by written notice to the PROVIDER, teiiiiinate 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. 16 ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 INDEMNIFICATION. The PROVIDER shall indemnify, hold harmless, and defend the CITY, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of PROVIDER and persons employed or utilized by PROVIDER in the performance of this Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, harmless for, and defend the CITY, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the CITY, its officials and/or employees were negligent. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against the CITY by reason of any such claim or demand, the PROVIDER shall, upon written notice from the CITY, resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the PROVIDER to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the CITY 's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the CITY whether performed by the PROVIDER, or persons employed or utilized by PROVIDER. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision that they will indemnify the CITY. The PROVIDER agrees and recognizes that the CITY shall not be held liable or responsible for any claims which may result from any actions or omissions of the PROVIDER in which the CITY participated either through review or concurrence of the PROVIDER's actions. In reviewing, approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub - PROVIDER under this Agreements. 11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on 17 their use if requested by the CITY. The PROVIDER agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the PROVIDER for any other purpose whatsoever without the prior written consent of the CITY. 11.4 AWARD OF AGREEMENT. The PROVIDER warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 11.5 NON-DELEGABILITY. The obligations undertaken by the PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a) except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 11.7 CONFLICT OF INTEREST. 11.7.1 The PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The PROVIDER further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the PROVIDER or its employees must be disclosed in writing to the CITY. 11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), as amended, and agrees that it shall comply in all respects with the terms of the same. 11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 11.9 NO OBLIGATION TO RENEW. Upon expiration of the teiiii of this Agreement, the PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement. 11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the Funds and sets forth the rights, duties, and 18 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 George Mensah, Director Dept. of Housing and Community Development 14 NE 1st Avenue, 2nd Floor Miami, FL 33132 With a Copy To: Office of the City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 Attn: City Attorney PROVIDER Allapattah Community Action, Inc. 2257 NW North River Drive Miami, FL 33125 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. 19 11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be detettuined 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 confotrit 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. 11.11.8This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 11.11.9 PROVIDER shall consult with the CITY regarding all uses and displays of the recognition of the CITY. The CITY shall have the right to approve the form and placement of all acknowledgements, which approval may be withheld in the CITY's sole discretion. 11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 11.14 CERTIFICATION. The PROVIDER certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the PROVIDER's governing body, authorizing the execution of this Agreement, including all 20 understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the PROVIDER to act in connection with this Agreement and to provide such information as may be required. 11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or personal representative of the PROVIDER, nor any other person or entity, shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of any of the Agreement and/or any modifications, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the PROVIDER, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 11.16 CLOSE-OUT. When the CITY determines that all required work under the Agreement has been completed or upon the expiration or termination of the PROVIDER Agreement, the CITY shall require the PROVIDER to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: ■ A final performance or progress report. ■ A financial status report. ■ A final request for payment. 11.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. Remainder of page intentionally left blank. Signatures on the next page. 21 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. AUTHORIZED REPRESENTATIVE: PROVIDER Allapattah Community Action, Inc. 2257 NW North River Drive Miami, FL 33125 a Florida not -for -profit corporation ATTEST: • Migu - D- Rivero Date: 8 /L5� 2.3 rmando Pomar Title: President CITY OF MIAMI, a municipal Corporation of the State of Florida ,—DocuSigned by: #146r 4141,November 30, 2023 1 07:56:50 EST �— 850CF6C372DD42A... '— E46D7560DCF1459 Title: Secretary Trea er Corporate Seal: DocuSigned by: ATTES DocuSigned by: Arthur Noriega V. Date: Todd B. Hannon City Manager City Clerk D cember 4, 2023 1 23:57:58 EST Date: APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS r DocuSigned by: FrALL ;0it,9ctober 26, 2023 1 07:41:30 EDT 27.3.9C631.82] ^ E7 Ann -Marie Sharpe Risk Management Date: CORRECTNESS: DocuSigned by: c°-"a_ November 28, 2023 1 02:41:22 EST F1EF90AFGFE0457... Victoria Mendez Date: City Attorney XEA 22 CORPORATE RESOLUTION WHEREAS, the Board of Directors of Allapattah Community Action, Inc. has examined terms, conditions and obligations of the proposed with the City of Miami for American Rescue Plan Act (ARPA) WHEREAS, the Board of Directors at a duly held corporate meeting have considered that matter in accordance with the By-laws of the corporation, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS of Allapattah Community Action, Inc. that the President and/or Vice President are hereby authorized and instructed to enter into agreement in the name and of, and on behalf of this corporation, with the City of Miami for American Rescue Plan Act (ARPA) in the amount of $217,548.00 for elderly services for fiscal year 2023--2024 in accordance with the agreement document furnished by the City of Miami, and for the price and upon terms and payments contained in the proposed agreement submitted by the City of Miami. IN WITNESS WHEREOF, this day of August 25, 2023 Armando Pomar Secretary SEAL City of Miami Resolution R-23-0328 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14193 Final Action Date: 7/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING AN AMOUNT NOT TO EXCEED $509,280.80 IN AMERICAN RESCUE PLAN FUNDS TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR ELDERLY MEALS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, AND ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, on September 13, 2021, pursuant to Resolution No. R-21-0352, the City of Miami ("City") Commission approved the allocation of American Rescue Plan ("ARP") funds in the amount of $137,639,417.00, which included an amount of $15,500,000.00 to the Department of Housing and Community Development ("Department"); and WHEREAS, the allocation to the Department included an amount of $1,500,000.00 to provide for elderly meals and an amount of $500,000.00 to provide for child care assistance to the low -moderate income residents in the City negatively affected by the Novel Coronavirus ("COVID-19") pandemic; and WHEREAS, the Department wishes to allocate and appropriate the remainder of the funds received for elderly meals to the agencies as specified in Exhibit "A," attached and incorporated, to provide additional support to a population that has been particularly negatively affected by COVID-19 pandemic; and WHEREAS, the City's Administration recommends the allocation and appropriation of the remainder of funds in the amount not to exceed $509,280.80 in ARP funds to the agencies for public service activities as specified in Exhibit "A," attached and incorporated, subject to all federal, state, and local laws that regulate the use of such funds for said purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The allocation and appropriation the remainder of ARP funds in the amount not to exceed $509,280.80 to the agencies for public service activities as described in Exhibit "A," attached and incorporated, subject to all federal, state, and local laws that regulate the use of such funds for said purpose, is authorized.' City of Miami Page 1 of 2 File ID: 14193 (Revision:) Printed On: 7/31/2023 File ID: 14193 Enactment Number: R-23-0328 Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in forms acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use of such funds for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 9 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 14193 (Revision:) Printed on: 7/31/2023 City of Miami Department of Housing and Community Development American Rescue Plan Act Funding Allocation FY2023 Exhibit "A" AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FY2023 Agency Description of Services ARPA Funding FY2023 Elderly Meals $ 217,548.00 Allapattah Community Action, Inc. Catholic Charities of the Archdiocese of Miami, Inc. Myers Center Elderly Meals $ 50,500.00 De Hostos Senior Center, Inc. Elderly Meals $ 156,232.80 Josefa Perez de Castano Kidney Foundation, Inc. Elderly Meals $ 25,000.00 Sunshine for All, Inc. Elderly Meals $ 60,000.00 Total Allocation: $ 509,280.80 EXHIBIT B — WORK PROGRAM ELDERLY SERVICES National Objective: 1. SUBRECIPIENT understands that the National Objective for this activity is assistance to low to moderate income persons by serving a limited clientele as defined in 24 CFR 570208(a)(2) and that the HUD matrix code associated with this activity is 05A (Senior Services). Scope of Services: 1. SUBRECIPIENT will provide Elderly meals and related services to eligible program participants from October 1, 2023 through September 30, 2024 with funding from the 2023-24 American Rescue Plan Program Year. 2. SUBRECIPIENT will provide 7,380 Congregate Meals and/or 26,800 Homebound Meals. a. Congregate Meals Program: Provide a nutritionally balanced meal, Monday through Friday, to 30 eligible participants, at the following location(s): Address: Allapattah Community Action, Inc. 2257 NW North River Drive Miami, FL 33125 b. Homebound Meals Program: Ensure delivery of a nutritionally balanced hot meal, Monday through Friday, to 100 eligible participants at their home address. Other tasks to be performed by the SUBRECIPIENT in connection with the provision of meals and related services include, but are not limited to, the following: 3. Perform eligibility determination: A. Only elderly individuals meeting the following criteria will be considered eligible program participants: a. Must be a resident of the City of Miami b. Must be a member of a low -to moderate income household c. Must be at least 62 years of age B. SUBRECIPIENT must keep in file proof of the information listed below demonstrating that each program participant is eligible to receive program benefits: a. Proof of living in the City of Miami b. Proof of income c. Proof of age SUBRECIPIENT may replace program participants who stop receiving program benefits by providing the information required in items 3.a and b for the new participant. SUBRECIPIENT will not invoice the CITY until the proposed participant is certified as eligible by the CITY. 4. At all times, maintain facilities in conformance with all applicable codes, licensing, and other requirements for the operation of an elderly center and/or provision of meals. The facilities must be handicapped accessible. 5. Procure meals in a manner that provides, to the maximum extent, practical, open and free competition and in compliance with 24 CFR 84.40-48. 6. As part of the congregate meal program, provide a range of structured social and cultural activities. 7. As part of the homebound meal program, ensure that meals are delivered in a timely manner. 8. Maintain program and financial records documenting the eligibility, attendance, provision of services, and SUBRECIPIENT expenses relative to the elderly individuals receiving meals services as a result of the assistance provided through the CDBG program. 9. SUBRECIPIENT will provide the following program reports to the City: a. A monthly report for the services provided to eligible participants in a form provided by the CITY. This report must include the date range when services were provided, the name of the client(s), the last five digits of the client's social security number and the number of days served. This form must be signed by the Program Manager and Executive Director. b. A final Close -Out (financial report) and inventory report. c. A final performance report. AUTHORIZED SIGNATURE: gu I R vivi ero President STATE OF COUNTY OF -4412_ Date The foregoing instrument was acknowledged before me by means ofXph sical presence or online notarization, this p i -5 2-3Wi 3 (date) by 5 T-(4j OC� 1 �+ J ?�az � of officer or agent, title of officer or agent) of name of corporation),, a�}jL (O// IYp? r to or place of incorporation) corporation, on behalf of the corporation. to me or has produced (type of identification) as identification. r•Cl*0.Y �<�jp;•. CAROLYN LIVINGSTON •` Notary Public - State of Florida Commission + HH 409207 +?cFw My Comm. Expires Jun 11. 2027 9nnden through National Notary Assn. Notary Seal is person 11 U4 •_z^ EXHIBIT C COMPENSATION AND BUDGET A. The maximum compensation under this Agreement shall be $217,548.00. B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this Agreement. C. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY within thirty (30) calendar days after the indebtedness has been incurred in a form provided by the Department. Failure to comply with these time frames for requesting reimbursement/payment may result in the rejection of those invoices within the reimbursement package which do not meet these requirements. D. Each written request for payment shall contain a statement declaring and affirming that services described in Exhibit B Scope of Services were provided to certified program participants and in accordance with the approved Work Program and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. E. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. Within 60 days of submitting each reimbursement request, copies of the cancelled checks or other CITY approved documents evidencing the payments by the SUBRECIPIENT, for which reimbursement was requested, shall be submitted. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. F. The SUBRECIPTFNT must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the SUBRECIP 1HNT fails to comply with this requirement, the SUBRECIPTFNT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. G. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPTFNT as a part of this Agreement and any modifications thereto. H. During the term, hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUBRECIPTFNT pertaining to any payments by the CITY. orized Re ► esen a- e: Tit e: Miguel el Rivero President BUDGET FORM I CITY OF MIAMI DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT BUDGET NARRATIVE BY LINE ITEM AGENCY : Allapattah Community Action INC PERIOD : October 1, 2023 through September 30, 2024 FUNDING SOURCE : City of Miami ARPA Description Amount Miriam Urra, Executive Director 29,522.40 Patricia Miro-Turnes, Program Director 19,109.76 Enrique Serrano, Activities Coordinator 11,765.04 Angel Arias, Computer Operator 13,822.08 Keyla Garcia , Meals Coordinator 2,571.12 Heriberto Mederos, Driver 6,548.64 Vacant, Program Asistant 6,321.36 Total Salaries 89,660.40 Staff FICA/MICA 6,859.02 Worker's Comp 3,000.00 Unemployment 936.00 Group Health Insurance 53,165.68 Professional Services 4,000.00 Audit Cost 7,000.00 General Liability Insurance 7,450.00 Auto Liability Insurance 4,180.00 Telephone 5,000.00 Bldg. Maintenance 6,500.00 Maintenance Vehicle 2,397.18 Gasoline 6,000.00 Equipment Rental 2,028.00 Postage 652.00 Printing Outside 580.00 Local Travel 2,000.00 Activities 3,729.72 Food 3,500.00 Office Supplies/Office Equipment 5,000.00 Kitchen Supplies 1,700.00 Software 2,000.00 Bank Fees 210.00 Total : 217,548.00 CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF SALARY FORECAST AGENCY: ALLAPATTAH COMMUNITY ACTION, INC. PERIOD COVERING:10/1/2023-9/30/2024 BUDGET FORM II Type of 24 months 24 months * Total Salary Percent of Total Amount Employee Budgeted Gross Per Pay Salary Charged to Employee Name Position Title Ethnicity Pt/Ft Period Pay Period Salary Period Charged to City City 24months 10/1/2023 Miriam Urra Executive Director Hispanic FT 9/30/2024 24 109,409.07 1,230.10 26.98% 29,522.40 10/1/2023 - Patricia Miro-Turnes Program Director Hispanic FT 9/30/2024 24 84,310.66 796.24 22.67% 19,109.76 10/1/2023 - Enrique Serrano Activities Coordinator Hispanic FT 9/30/2024 24 42,471.51 490.21 27.70% 11,765.04 10/1/2023 - Angel Arias Computer Operator Hispanic FT 9/30/2024 24 55,324.98 575.92 24.98% 13,822.08 10/1/2023 - Keyla Garcia Meals Coord Hispanic FT 9/30/2024 24 32,652.06 107.13 7.87% 2,571.12 10/1/2023 - Vacant Assistant 2 Hispanic FT 9/30/2024 24 28,319.00 263.39 22.32% 6,321.36 10/1/2023 - Heriberto Mederos Bus Driver Hispanic FT 9/30/2024 24 26,597.81 272.86 24.62% 6,548.64 379,085.09 3,735.85 23.65% 89,660.40 AGENCY: Allapattah Community Action, Inc. COST ALLOCATION PLAN PERIOD BEING COST ALLOCATED: 10/01/2023 THROUGH 09/30/2024 BUDGET FORM III 1 OF 1 FY 2020-20215 CDBG ARPA Dade County Coup Meals Dade County, HB A 'lance LSP ARRAARP OAATRANS OAA REC OAA CONG Total Line -Item Description % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount Staff Salaries 21.67 111,252.28 17.46 89,660.40 1.28 6,577.00 2.00 10,267.00 22.18 113,897.05 3.76 19,329.62 24.73 126,976.32 3.15 16,176.96 3.76 19,318.87 100.00 513,455.49 Staff MICA 21.46 8,510.79 17.29 6,859.02 1.34 533.00 1.89 749.00 22.98 9,115.22 3.73 1,478.72 24.49 9,713.69 3.12 1,236.96 3.70 1,467.89 100.00 39,664.28 Staff FICA 0 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Workers' Comp. 35.50 2,382.52 44.71 3,000.00 0.00 - 0.00 - 0.00 - 0.00 - 19.79 1,328.08 0.00 - 0.00 - 100.00 6,710.60 Unemployment 2.71 26.80 94.64 936.00 0.00 - 0.00 - 0.00 - 0.28 2.72 1.88 16.59 0.22 2.22 0.27 2.64 100.00 988.97 Group Health 22.29 29,597.40 40.04 53,165.68 0.00 - 0.00 - 0.00 - 9.00 11,948.49 19.97 26,512.74 3.84 5,098.04 4.86 6,452.48 100.00 132,774.82 Professional Services 0.00 - 46.77 4,000.00 0.00 - 0.00 - 0.00 - 3.02 258.38 37.88 3,239.33 12.33 1,054.30 0.00 - 100.00 8,552.01 Audit Cost 22.22 2,000.00 77.78 7,000.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 9,000.00 Spc. Svrs. Licenses & Permits 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - General Liability Ins. 8.12 3,326.77 18.19 7,450.00 0.00 - 0.00 - 0.00 - 64.54 26,427.40 9.14 3,742.30 0.00 - 0.00 - 100.00 40,946.47 Auto Liability Ins. 0.00 - 19.46 4,180.00 0.00 - 0.00 - 0.00 - 14.39 3,089.94 66.15 14,210.03 0.00 - 0.00 - 100.00 21,479.97 Bondinq 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Other Insurance 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Telephone 12.65 1,761.94 35.90 5,000.00 0.00 - 0.00 - 0.00 - 35.09 4,887.70 11.91 1,658.88 2.39 332.89 2.07 287.85 100.00 13,929.26 Electricity 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 Water and Sewer 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Equipment Repair 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Equipment Maintenance 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 Bldg. Maintenance 25.29 8,173.17 20.11 6,500.00 0.00 - 0.00 - 0.00 - 28.81 9,313.51 20.16 6,517.85 1.70 548.48 3.93 1,270.94 100.00 32,323.95 Maintenance Vehicle 30.60 2,861.59 25.63 2,397.18 0.00 - 0.00 - 0.00 - 11.76 1,100.00 27.11 2,535.65 0.00 - 4.89 457.29 100.00 9,351.71 Gasoline 34.32 5,125.11 40.18 6,000.00 0.00 - 0.00 - 5.68 847.59 0.00 - 14.25 2,127.35 0.00 - 5.57 832.21 100.00 14,932.26 Equipment Rental (copier, phon 60.80 3,145.20 39.20 2,028.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 5,173.20 Space Rental 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Postage 42.84 495.92 56.32 652.00 0.00 - 0.00 - 0.00 - 0.83 9.65 0.00 - 0.00 - 0.00 - 100.00 1,157.57 Printing, Outside 23.37 176.93 76.63 580.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 756.93 Nutrition Consultant 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 1,669.47 0.00 - 0.00 - 0.00 - 100.00 1,669.47 Advertising 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Local Travel/Activities 32.43 2,750.24 67.57 5,729.72 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 8,479.96 Food & Catering 0.00 - 0.86 3,500.00 8.43 34,410.00 5.75 23,464.00 58.24 237,683.15 18.16 74,104.76 0.00 - 0.00 - 8.57 34,969.48 100.00 408,131.39 Travel, Out of Town 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Supplies, Copier 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Supplies, Office 7.36 478.29 76.89 5,000.00 0.00 - 0.00 - 0.00 - 0.00 - 10.80 701.98 4.96 322.25 0.00 - 100.00 6,502.52 Supplies, Training 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Supplies, Maintenace 0.00 - 0.00 - 0.00 - 0.0D - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Kitchen Supplies 30.78 755.81 69.22 1,700.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 2,455.81 Supplies, Computer/software 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Supportive Services (meals,etc) 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Capital Outlay Equipment 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 Office Furniture <$500 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - #DIV/0! - 0.00 - 0.00 - Software 31.63 2,047.69 30.90 2,000.00 0.00 - 0.00 - 0.00 - 2.76 178.69 30.12 1,949.78 4.59 297.10 0.00 - 100.00 6,473.26 Bank Fees 0.00 - 100.00 210.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 100.00 210.00 184,868.45 217,548.00 41,520.00 34,480.00 361,543.00 153,799.05 201,232.56 25,069.18 65,059.65 1,285,119.89 EXHIBIT D CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) This undersigned shall require that the language of this certification be included in the award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. * Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies to cover Contract/grant transactions over $100,000 (per QMB). This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a pre -requisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. �-ems-Z3 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before m- by means i physical presence or ❑ o line notari tion this o� day of 20�3 by J II of 1 0_ " v/1/ � a �`� Q •` corporation, on behalf of = corporatio /she is personally known to me or has produced [Notary Seal]: CAROLYN LIVINGSTON r ' r'Notary Public - State of Florida Commission : HH 409207 '�oe °° My Comm. Expires Jun 11. 2027 bonded through National Notary Assn. as identification. EXHIBIT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS 1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 1.b of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall submit an explanation to the City of Miami. orized Renresenta ��- Tr V 0 1�iY) Title: 4r^.ey� ,f Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknovyledged before me by means of online notarization 15 `' day of _Pt L T T 1 V--/Zp of A a t-j dry corporation, on behalf ofVthe corporation. me or has produced [Notary Seal]: CAROLYN LIVINGSTON n: Notary Public - State of Florida • Z. Commission = HH 409207 ,oFv�°e` My Comm. Expires Jun 11. 2027 Bonded through National Notary Assr•. physical presence or ❑ 20 23 by 0AL) is personally known to as identification. EXHIBIT F SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A). FLORIDA STATUTES ON PUBLIC ENTITY CRIME THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by 1I (Print this individual's name and title) for ` Q I'✓1 ill U D (Print name of entity submitti statements) whose business address is o 9' iJW Of% VOL and if applicable is Federal Employer Identification Number (FEIN) is J q - 2-006 W 7 If the entity has no FEIN, include the Social Security Number of the individual signing this sworn Statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes, mean a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States including, but not limited to any bid or contract for goods or services to be provided to any public entity or any agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate with an "X" which statement a Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement ). The entity submitting this sworn statement, or one or more of its officers, directors, exec tives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. A rized Repres-ntative Si nature: Tint a e: Title: i'fe �-- 23 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged`''before online notarization this //cA day of 1-1,0,' 1) 0Jc1/:), of t a corporation, on behalf of me or has produced [Notary Seal]: c' ''-' 7'4% CAROLYN LIVINGSTON me by means of physical presence or ❑ 20by he corporation as identi Notary Public - State of Florida 9,F`..°°A. My Comma Expires Hun 11, 2027 Bonded through National Notary Assr. 1• she is personall ication. known to .*q Signatur Notary Exhibit G INSURANCE REQUIREMENTS PUBLIC SERVICE AND ECONOMIC DEVELOPMENT PROGRAMS FOR HOUSING & COMMUNITY DEVELOPMENT L Commercial General Liability (Primary & Non Contributory) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Products/Completed Operations $300,000 Personal and Advertising Injury $300,000 B. Endorsements Required City of Miami included listed as additional insured (endorsement Required) Explosion, Collapse, & Underground Hazard (If Applicable) Contingent Liability/Contractual Liability Premises & Operations Liability Example. "The City of Miami is named additional insured on the general liability. On a primary and non-contributory basis. All policy and conditions apply." II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Owned Autos/Scheduled Autos Including coverage for Hired and Non -Owned Autos Combined Single Limit $ 300,000 B. Endorsements Required City of Miami included as an Additional Insured Example. "The City of Miami is named additional insured on the automobile liability. Note: If agency does not own any vehicles please submit this stamen on the agency's dated letterhead and signed by the authorized representative. III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident. $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability (If Applicable) Each Claim Policy Aggregate $250,000 $250,000 V. Certificate Holder Information should be listed as the following: City of Miami 444 SW 2nd Avenue Miami, FL 33130 THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAYBE APPLICABLE IN CONNECTION TO A PARTICULAR RISK, OR SCOPE OF SERVICES/WORK PROGRAM" THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY PROVISIONS. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the 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. AC'ORO" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY 07/01/2023 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Inter Continental Investment & Advisory, Inc. 4000 Towerside Terrace Suite 910 Miami, FL 33138 INSURED Allapattah Community Action, Inc. SC 2257 NW North River Drive Miami FI 33125 COVERAGES CERTIFICATE NUMBER: CONTACT NAME: Manuel A. Perez PHONE (A/C, No, Ext): 786-877-3995 FAX 305-468-6414 (A/C, No): E-MAIL ADDRESS: map@p-a.cc INSURER(S) AFFORDING COVERAGE INSURER A: Ategrity Specialty Insurance Company INSURER B ; National Liability & Fire INSURER C ; Ascendant Commercial Insurance Company INSURER D : The Harford INSURER E : Westchester REVISION NUMBER: :JAIC # 16427 20052 13633 19682 10172 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/D0/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY X X 01-C-PK-P20058708-0 07/01/23 07/01/24 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (each occurrence) $100r000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY PROJECT LOC GENERAL AGGREGATE $2,000,000 PRODUCTS — COMP/OPAGG Included B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X X - SCHEDULED AUTOS NON -OWNED AUTOS X X 73APR411562 12/06/22 12/06/23 COMBINED SINGLE LIMIT (Ea accident) $500,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Collision & Comprehensive $1,000 DED UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/N N/A WC-71058-6 06/13/23 06/13/24 x WC STATU- TORY LIMITS O R E.L. EACH ACCIDENT $100,000 E.L. DISEASE - EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 E E D BUILDING / CONTENTS P1B1 SC BUILDING / CONTENTS P2B1 DC STUDENT ACCIDENT DC FSF16761977 001 FSF16761977 001 21-BSR-101287 07/01/23 07/01/23 07/01/23 07/01/24 07/01/24 07/01/24 SPECIAL $491,587/$150,000 SPECIAL $700,000/$100,000 ACC DEATH/DSMNT $10,000/$20,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 DAY NOTICE OF CANCELLATION - DEDUCTIBLES WIND 5% OTHER PERILS $1,000 THE CITY OF MIAMI IS LISTED AS AN ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. COVERAGE IS AFFORDED FOR CONTINGENT AND CONTRACTUAL EXPOSURES AND THE GENERAL LIABILITY SHALL BE PRIMARY AND NON CONTRIBUTORY CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 444 SW 2ND AVENUE MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Manuel A. Perez, Agent © 1988- 010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD EXHIBIT H PROGRAMMATIC REPORTING REQUIREMENTS Compliance must be ensured with the following: State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February 28, 2022 — Version 3.0 (and any future updates and revisions) SLFRF Compliance and Reporting Guidance (treasury.gov) https://home. treasury. gov/system/files/136/SLF RF -C ompl i ance-and-Reporting-Gui dance .pdf Throughout the term of this Agreement, the SUBRECIPIENT shall submit to the CITY a quarterly report, in a form and in a manner acceptable to the CITY in its sole and absolute discretion, on the 5th day of the month that follows the end of a calendar quarter (i.e., January 5, April 5, July 5, October 5). Upon the end of the term of this Agreement, the SUBRECIPIENT understands that they are required to submit to the CITY a final quarterly report on the 5th day of the month that follows the end of the quarter the term of the Agreement ended. Quarterly reports should be submitted to the CITY via email to arpareporting@miamigov.com on the form template provided by the CITY. A copy of the reporting form templates are available upon request. Olivera, Rosemary From: Galo, Monica Sent: Monday, December 18, 2023 10:31 AM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd; Pereira, Raymond Subject: Executed Agreement - Allapattah Community Action, Inc. - ARPA $217548 Attachments: Executed Agreement Allapatah Community Action ARPA $217548.pdf Good morning, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, Monica Galo i