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Home My WebLink About24716AGREEMENT INFORMATION AGREEMENT NUMBER 24716 NAME/TYPE OF AGREEMENT ALLAPATTAH COMMUNITY ACTION, INC. DESCRIPTION CDBG AGREEMENT/ELDERLY MEALS/FILE ID: 14391/R-23- 0392/MATTER I D : 23-2739 EFFECTIVE DATE November 22, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 11/22/2023 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: $ 174,320.00 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 $174,320.00 in CDBG funding to Allapattah Community Action, Inc. for Public Services activities. For more information, please refer to Resolution. COMMISSION APPROVAL DATE: 9/14/2023 FILE ID: 14391 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ENACTMENT No.: R-23-0392 ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR November 3, 2023 1 09:26:35 PRINT: ROBE EDT SIGNATURE: � TAM ;tIdby: �� r 54sF6CFCnA13A5F SUBMITTED TO RISK MANAGEMENT November 3, 2023 I 09:37:09 EDT PRINT: ANN- SIGNATURE: oR EStrIMU FratAk 014,1t17 SUBMITTED TO CITY ATTORNE9 Y. 18, 2023 I 18:47:27 EST RP PRINT: VICTORIA SIGNATURE: SIGNA#23-2TURE: N uSig , ned by: o—� APPROVAL BY ASSISTANT CITY MANAGER November 20, 2023 I 11:35:40 PRINT: LARRY EST SIGNATURE: F I E F'J- ®Ar6rer457... S, RI biGuSigned by: -'„ l'tt" i bi S.191/1(4 99D26028-&7C54D4... RECEIVED BY CITY MANAGER November 21, 2023 I 09: 52:03 EST PRINT: ART N9Ri SIGNATURE: esig`/,d by: �,J� �� a' ^^"' �rit'y' 1) ONE ORIGINAL TO CITY CLERK, November 22, 2023 I 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT 18:14:36 EST PRINT: TODD SIGNATURE: B FDU42A... ocu Igoe 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 & COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") AGREEMENT This Agreement (hereinafter the "Agreement") is entered into this 22 day of November , 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 "SUBRECIPIENT"). FUNDING SOURCE: Community Development Block Grant (CDBG) CFDA # (If applicable): CDBG 14.218 AMOUNT: $ 174,320.00 TERM OF AGREEMENT: Effective date of this agreement is October 1, 2023 PROJECT NUMBER: UNIQUE ENTITY ID (SAM) #: AGENCY'S ADDRESS: to September 30, 2024 MC75TTMKHZY1 2257 NW North River Drive Miami, FL 33125 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: 2023.1 1 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Corporate Resolution Authorizing Execution of this Agreement Work Program Compensation and Budget Summary Certification Regarding Lobbying Form Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form) Crime Entity Affidavit Insurance Requirements Background Screening (Applicable to agencies providing child or youth care only). 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act OR 24 CFR 570: Agreement Records: CDBG Program: CDBG Requirements: Department: Federal Award: National Objective: Low -and -Moderate Title I of the Housing and Community Development Act of 1974, as amended. Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved, which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Community Development Block Grant Program. The requirements contained in 24 CFR 570, Rule 91 of the Florida Administrative Code and as established by the City of Miami, Florida. The City of Miami Department of Housing & Community Development. Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. All Activities funded with CDBG funds must meet one of the CDBG program's National Objectives: benefit low and moderate -income persons; aid in the prevention of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. A member of a low- or moderate -income household whose 2023.I 2 Income Person: income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY's execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit "B" to this Agreement and shall include the following: 2.1 1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives play an essential role in the grant management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis 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 SUBRECIPIENT under this Agreement. 2.1.3 Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 2.2 The Budget Summary attached hereto as Exhibit "C", including the SUBRECIPIENT's Itemized Budget Narrative, Staff Salary Schedule, Cost Allocation, and a copy of all subcontracts. 2.3 A List of the SUBRECIPIENT's present officers and members of the Board (names, addresses, and telephone numbers.) 2023.1 3 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of Sound Fiscal Management. 2.7 A copy of the SUBRECIPIENT'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 SUBRECIPIENT's last federal income tax return (IRS Form 990). 2.10 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.11 Disability Non -Discrimination Certification. 2.12 Drug Free Workplace Certification. 2.13 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: The Effective date of this agreement is October 1, 2023 to September 30, 2024 3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current Federal regulations as may be amended. The SUBRECIPIENT is aware of and accepts the Policies and Procedures Manual for Community Development Block Grant as the official document which outlines the fiscal, administrative and federal guidelines which shall regulate the day-to-day operations of the SUBRECIPIENT. The Policies and Procedures Manual for Community Development Block Grant is incorporated herein and made part of this Agreement. The City of Miami reserves the right to update this Policies and Procedures Manual via Program Directives. These Program Directives and updated versions of this Policies and Procedures Manual shall be incorporated and made a part of this Agreement. 3.5 LEVEL OF SERVICE. Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the 2023.1 4 Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. Following HUD -issued Coronavirus Aid, Relief, and Economic Security Act waivers, this Agreement was authorized to provide services with CDBG funds to prevent, prepare for, and respond to the novel coronavirus pandemic. ARTICLE IV FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION. The amount of compensation payable by the CITY to the SUBRECIPIENT shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto and incorporated into this Agreement. 4.2 INSURANCE. At all times during the term hereof, the SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT is in compliance with the provisions described in Exhibit "G" attached hereto, and incorporated into this Agreement. 4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of five (5) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. 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 SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail: (i) to 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 agencies. 4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT REQUIREMENTS 2023.1 5 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $750,000 or more in federal funds during its fiscal year, it shall have a Single or a Program -Specific Audit conducted for that year. 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 2 CFR 200.514 "Scope of Audit", except when the SUBRECIPIENT elects to have a Program -Specific Audit conducted in accordance with paragraph b) of this section. b) Program -Specific Audit. When a SUBRECIPIENT expends federal awards under only one federal program and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the SUBRECIPIENT, the SUBRECIPIENT may elect to have a Program -Specific Audit conducted in accordance with 2 CFR 200.507 "Program -Specific Audits". The auditor must: (i) Perform an audit of the financial statement(s) for the Federal program in accordance to GAGAS; (ii) Obtain an understanding of internal controls and perform tests of internal controls over the Federal program consistent with the requirements of 2 CFR 200.514(c) to ensure compliance with procedures; (iii) Perform procedures to determine whether the SUBRECIPIENT has complied with Federal statutes, regulations, and the terms and conditions of Federal awards that could have a direct and material effect on the Federal program consistent with the requirements of 2 CFR 200.5 14(d). (iv) Follow up on prior audit findings, perform procedures to assess the reasonableness of the summary schedule of prior audit findings prepared by the SUBRECIPIENT in accordance with the requirements of 2 CFR 200.511 "Audit findings follow-up", and report, as a current year audit finding, when the auditor 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 requirements of 2 CFR 200.516 "Audit findings". The auditor's report(s) must state that the audit was conducted in accordance with this 2 CFR 200.507 "Program -Specific Audits" and include the following: (i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the Federal program is presented fairly in all material respects in accordance with the stated accounting policies; 2023.1 6 (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 SUBRECIPIENT complied with laws, regulations, and the terms and conditions of Federal awards which could have a direct and material effect on the Federal program; and (iv) A schedule of findings and questioned costs for the Federal program that includes a summary of the auditor's results relative to the Federal program in a format consistent with 2 CFR 200.515 "Audit reporting", paragraph (d)(1) and findings and questioned costs consistent with the requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3). 5.1.2 If the SUBRECIPIENT 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 SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under another program having 2023.1 7 income qualification criteria at least as restrictive as that used in the definitions of "low- and moderate -income person" and "low- and moderate -income household" as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be "low- and moderate -income persons" based upon HUD's criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit low- and moderate -income persons, the income limits applied and the point in time when the benefit was determined. (ii) For each activity which benefits are available to all residents in a particular area, at least 51 percent of those residents must be low -and -moderate income persons. Such area needs not be coterminous with census tracts or other officially recognized boundaries, but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (iii) For each activity determined to benefit low- and moderate -income persons because the activity involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low -and moderate -income persons: a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers for which the regulations provide presumptive benefit to low- and moderate -income persons; or b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by low- and moderate -income persons; or c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single -headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. 2023.1 8 (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 U), and 24 CFR part 75, relative to the hiring and training of low- and very low-income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in 24 CFR 570 Subpart K. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT's records, including Project and programmatic records and books of account, 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 SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of 24 CFR 570.506. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as described in this Agreement and defined by the Department, each of the record -keeping and audit requirements detailed in this Agreement. The Department shall, in its sole discretion, determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record -keeping requirements described in this Agreement. 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing, both during the term of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 2023.1 9 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department for the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING. The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine, in its sole and absolute discretion, whether or not the SUBRECIPIENT's justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT's official policies on specified issues relating to the SUBRECIPIENT's activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff. The SUBRECIPIENT shall ensure the cooperation of its employees and 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 SUBRECIPIENT is responsible for appointing memberships. Upon forming the relationship or if already formed, before of at the time of execution of this Agreement, the SUBRECIPIENT shall report such relationship to the Department. Any supplemental information shall be promptly reported to the Department. The 2023.1 10 SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related -party transaction. 6.6 PROGRESS REPORTS. The SUBRECIPIENT shall submit to the CITY, on a monthly basis, a Work Program Performance Report. ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR 570.201(e). 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted, in whole or in part, with CDBG Funds is an activity which provides benefit to low- and moderate -income persons. 7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 The SUBRECIPIENT shall, to the greatest extent possible, give low -and -moderate -income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION. The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in 24 CFR 570 Subpart K, ("Other Program Requirements") of the CDBG Program regulations. 7.8 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, ordinances and regulations. 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost 2023.1 11 Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post Federal Award Requirements" and Subpart E—"Cost Principles." 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR 570.200(j). In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities. The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any unused CDBG Funds at the time of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT'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 SUBRECIPIENT fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR 85.43, as set forth more fully below in Article IX of this Agreement. 7.14 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY's responsibility for initiating the review process under Executive Order 12372. 7.15 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly prohibited. ARTICLE VIII PROGRAM INCOME 2 CFR 200.307 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations. 2023.1 12 The SUBRECIPIENT shall submit to the CITY, if applicable, a Program Income Report on a quarterly basis. The Program Income Report shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 2 CFR 200.338 and 200.339 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. If the SUBRECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partially suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further funds for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply with any term of this Agreement, the SUBRECIPIENT, at the sole discretion of the City, shall pay to the City an amount equal to the current market value of any real property, under the SUBRECIPIENT's control, acquired or improved in whole or in part with CDBG Funds (including CDBG Funds provided to the SUBRECIPIENT in the form of a loan and/or grant), less any portion 2023.1 13 of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. The payment is program income to the City. 9.2 SUSPENSION. 9.2.1 The Department may, for reasonable cause, temporarily suspend the SUBRECIPIENT's operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: Ineffective or improper use of the CDBG Funds by the SUBRECIPIENT; Failure by the SUBRECIPIENT to comply with any term or provision of this Agreement; Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or The SUBRECIPIENT's submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT's authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION. 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY's funding source de -obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY's funding source reduces the CITY's entitlement under the CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not compliant with any term or provision of this Agreement. 2023.1 14 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 SUBRECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT's breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department's right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The Sub -recipient shall indemnify, hold harmless, and defend the City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Sub - recipient and persons employed or utilized by Sub -recipient in the performance of this Agreement. Sub -recipient shall, further, hold the City, its officials and/or employees, harmless for, and defend the City, its officials and/or employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/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 Sub -recipient shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Sub -recipient expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Sub -recipient shall in no way 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 Sub -recipient to defend, at its own expense, to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City whether performed by the Sub -recipient, or persons employed or utilized by Sub -recipient. This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and 2023.1 15 interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as applicable. The Sub -recipient shall require all Sub -contractor agreements to include a provision that they will indemnify the City. The Sub -recipient agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the SUB -RECIPIENT in which the City participated either through review or concurrence of the Sub -recipient's actions. In reviewing, approving or rejecting any submissions by the Sub -recipient or other acts of the Sub -recipient, the City in no way assumes or shares any responsibility or liability of the Sub -recipient or Sub -Sub - recipient under this Agreements. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use, if requested by the City. The SUBRECIPIENT agrees 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 SUBRECIPIENT pursuant to this Agreement, shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY's prior written consent which may be granted or withheld in the CITY's sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. 2023.1 16 Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County, Florida (Dade County Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24 CFR 570,611 and agrees that it shall comply in all respects with the terms of the same. 10.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained within 24 CFR 570.611 10.8 PROCUREMENT. The SUBRECIPIENT shall comply with the standards contained within 2 CFR 200 Subpart D, "Post Federal Award Requirements." 10.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and obligations of each of the parties 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. 10.11 GENERAL CONDITIONS: 10.11.1 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 Department of Housing & Community Development One Flagler Building 14 NE 1st Avenue, Second Floor Miami, Florida 33132 SUBRECIPIENT Allapattah Community Action, Inc. 2257 NW North River Drive Miami, FL 33125 10.11.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 2023.1 17 10.11.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.11.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable 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. 10.12 INDEPENDENT CONTRACTOR. The SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker's Compensation benefits as employees of the CITY. 10.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.14 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT's governing body, authorizing the execution of this Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. 10.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor, heir or personal representative of the SUBRECIPIENT, nor any other person or entity, shall seek 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 SUBRECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with any other action. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 10.16 CLOSE OUT. When the City determines that all required work under the Agreement has been completed or upon the expiration or termination of the SUBRECIPIENT Agreement, the CITY shall require the SUBRECIPIENT to provide final versions of all financial, performance, and other reports. These reports may include, but are not limited to: 2023,1 18 ■ A final performance or progress report. • A financial status report (including all program income). • A final request for payment. • A final inventory of property in the SUBRECIPIENT's possession that was acquired or improved with CDBG funds. 10.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 10.18 BACKGROUND CHECKS. SUBRECIPIENT agrees to comply with all requirements of Sections 1012.32 and 1012.465, Florida Statutes, and that SUBRECIPIENT, its agents, subcontractors and all of its personnel who (1) are to be permitted access to school grounds when children are present, (2) will have direct contact with children, or (3) have access or control of school funds will successfully complete the background screening required by the referenced statutes and meet the standards established by the statutes. This background screening will be conducted in advance of SUBRECIPIENT or its personnel providing any services under the conditions described in the previous sentence. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY the original background screening indicating that the SUBRECIPIENT is in compliance with the provisions described in Exhibit "H" attached hereto, and incorporated into this Agreement. The SUBRECIPIENT will bear the cost of acquiring the background screening required by Section 1012.32, Florida Statutes, and any fee imposed by the Florida Department of Law Enforcement to maintain the fingerprints provided with respect to SUBRECIPIENT and its personnel. The Parties agree that the failure of SUBRECIPIENT to perform any of the duties described in this section shall constitute a material breach of this Agreement entitling the CITY to terminate immediately with no further responsibilities or duties to perform under this Agreement. 10.19 BUILD AMERICA, BUY AMERICA (BABA)The SUBRECIPIENT must comply with the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to RABA requirements, unless excepted by a waiver, 2023.1 19 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT Allapattah Community Action, Inc. 2257 NW North River Drive Miami, FL 33125 a Florida not -for -profit corporation AUTHORIZED REPRESENTATIVE: CITY OF MIAMI, a municipal Corporation of the State of Florida (—DocuSigned by: 1tVL&,tA4 NerkILNovember 21, 2023 I 09: 52 :03 ES '-850CF6C372DD42A.. Arthur Noriega V City Manager Date: APPROVED AS TO INSURANCE REQUIREMENTS DocuSigned by: Fro& amAspvember 3, 2023 "-2.71.95C631R21'1 E7... Ann -Marie Sharpe Risk Management ATTEST: ame:. - -nli 41,0 Title:. Cie l Corporate Seal: ATTEST: DocuSigned by: T N--- E4 D.Z560.DGF 14 ... Todd B. Hannon City Clerk ate: ci DocuSigned by: a`v-Sir22, 2023 I 18:14:36 EST Date: APPROVED AS TO FORM AND CORRECTNESS: DocuSigned by: 09:37:09 EDT %.,..„1„.;„_-)4.2!-1,r,riber 18, 2023 I 18:47:27 EST Date: F1 EF0O.AF6FE-O'157... Victoria Mendez Date: City Attorney RP #23-2739 2023.1 20 City of Miami Resolution R-23-0392 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14391 Final Action Date: 9/14/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR ("FY") 2023-2024, IN THE AMOUNT OF $802,206.00 IN THE PUBLIC SERVICE CATEGORY TO THE AGENCIES/AND OR DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2023; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUND, FOR SAID PURPOSE. SPONSOR(S): City Commission WHEREAS, pursuant to Resolution No. R-23-0293, adopted July 13, 2023, the Miami City Commission approved the allocation of Community Development Block Grant ("CDBG") funds for Fiscal Year ("FY") 2023-2024 in the total amount of $5,348,046.00, which included an amount of $802,206.00 in the public service program category; and WHEREAS, these funds need to be reallocated to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service activities; and WHEREAS, the City's Administration recommends the allocation of CDBG funds in the public service category, in the amount of $802,206.00 to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service activities; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this section. Section 2. The allocation of CDBG funds in the public service category, in the amount of $802,206.00, to the agencies and/or departments specified in Exhibit "A," attached and incorporated, for public service activities, is authorized.' Section 3. The City Manager is authorized' to negotiate and execute any and all necessary documents, including amendments, extensions, and modifications, all in a form 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 1 of 2 File ID: 14391 (Revision:) Printed On: 9/18/2023 File ID: 14391 Enactment Number: R-23-0392 acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use of such funds for said purpose for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 8/30/2023 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 14391 (Revision:) Printed on: 9/18/2023 City of Miami Department of Housing and Community Development CDBG FY2023 Public Services Exhibit "A" Agency Description of Services CDBG Funding Allapattah Community Action, Inc. Elderly Meals $ 174,320.00 Camillus House, Inc. Handicapped, Mental Health Services $ 30,000.00 Centro Mater Child Care Services, Inc. Child Care Services $ 160,982.00 De Hostos Senior Center, Inc. Elderly Meals $ 27,800.00 Greater Miami Service Corps Youth Services $ 20,000.00 Greater Miami and South Florida Youth and Community, Inc. Youth Services $ 15,000.00 Helping Hands Youth Center, Inc. Youth Services $ 15,000.00 Multi Ethnic Youth Group Association, Inc. Youth Services $ 20,000.00 St. Alban's Day Nursery, Inc. Child Care Services $ 23,780.00 The Association for Development of the Exceptional, Inc. Handicapped, Mental Health Services $ 24,000.00 The Liberty City Optimist Club of Florida, Inc. Youth Services $ 24,797.00 The Start Program, Inc. Youth Services $ 35,000.00 The Sundari Foundation, Inc. Homeless Services for Women $ 30,000.00 Thelma Gibson Health Initiative, Inc. Elderly Services & Services for the Disabled $ 45,000.00 Department of Resiliency and Public Works (Economic Development Activity) Street Improvements in District 4 $ 156,527.00 Total CDBG Public Service Allocation: $ 802,206.00 CORPORATE RESOLUTION WHEREAS, the City of Miami has agreed to issue an Community Development Block Grant (CDBG) Program Grant to ALLAPATTAH COMMUNITY ACTION, INC., located at 2257 NW North River Drive, Miami, Florida 33125 WHEREAS, ALLAPATTAH COMMUNITY ACTION, INC., has agreed to accept this grant; and WHEREAS, the Board of Directors of ALLAPATTAH COMMUNITY ACTION, Inc., has examined terms, conditions, and obligations of the attached grant with the CITY OF MIAMI, and WHEREAS, The Board of Director of ALLAPATTAH COMMUNITY ACTION., at a duly corporate meeting has considered the matter in accordance with the by-laws of the corporation; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF ALLAPATTAH COMMUNITY ACTION, INC., that the Chairman and/or Secretary be hereby authorized to enter into the Community Development Block Grant (CDBG) Program in the name of and on behalf of this corporation, with the City of Miami IN WITNESS WHEREOF, this 9th day OF September 2023 Armando bmar Secretary/Treasurer SEAL EXHIBIT B WORK PROGRAM ELDERLY SERVICES National Objective: I. SUBRECIPIENT understands that the National Objective for this activity is assistance to low to moderate income persons by serving a limited clientele as defined in 24 CFR 570.208(a)(2) and that the HUD matrix codc associated with this activity is 05A (Senior Services). Scope of Services: I. SUBRECIPIENT will provide Elderly meals and related services to eligible program participants from October 1, 2023 to September 30, 2024 with funding from the 2023-2024 CDBG Program Year. 2. SUBRECIPIENT will provide 6,888 Congregate Meals and/or 20,358 Homebound Meals a. Congregate Meals Program: Provide a nutritionally balanced meal, Monday through Friday, to 28 eligible participants, at the following location(s): Address: Allapattah Community Action, Inc. 2257 N.W. North River Dr. Miami, FL33I25 b. Homebound Meals Program: Ensure delivery of a nutritionally balanced hot meal, Monday through Friday, to 78 eligible participants at thcir 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 will submit the following information to the Department to obtain certification that proposed participant is eligible to receive program benefits and for SUBRECIPIENT to invoice the CiTY for services provided: a. Program Application, in a form provided by the Department, signed by prospective participant and the SUBRECIPIENT. A copy of this form must also be kept in the participants tile. C. SUBRECIPIENT must keep in tile 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 This information must match the information listed by the SUBRECIPIENT in the participant Program Application form submitted to the CITY. A copy of this form must also be kept in the participant's file. SUBRECIPIENT may replace program participants who stop receiving program benefits by providing the information required in items 3.a and b for the new participant. SUBRECIPIENT will not invoice the CITY until the proposed participant is certified as eligible by the CiTY. 4. At all times, maintain facilities in conformance with all applicable codes, licensing, and other requirements for the operation of an elderly center and/or provision of meals. The facilities must be handicapped accessible. 5. Procure meals in a manner that provides, to the maximum extent, practical, open and free competition and in compliance with 24 CFR 84.40-48. 6. As part of the congregate meal program, provide a range of structured social and cultural activities. 7. As part of the homebound meal program, ensure that meals are delivered in a timely manner. 8. Maintain program and financial records documenting the eligibility, attendance, provision of services, and SUBRECIPIENT expenses relative to the elderly individuals receiving meals services as a result of the assistance provided through the CDBG program. 9. SUBRECIPIENT will provide the following program reports to the City: a. A monthly report for the services provided to eligible participants in a form provided by the CITY. This report must include the date range when services were provided, the name of the client(s), the last five digits of the client's social security number and the number of days served. This form must be signed by the Program Manager and Executive Director. b. A final Close -Out (financial report) and inventory report. c. A final performance report. HORIZED ' P' 5•:. TATIV, SIGNATURE: Gt — '2 STATE OF COUNTY OF The foregoing instrument was acknowledged before me by meattphysical presence or online notarization, this 1' (date) by i� iJ r- ._. r' J t, (state or plat of incorporation) core ration, on behalf of the corporation. (Hejshe i ersonally known _to me or has produced (type of identification) as identification. nn gyp, R (name of officer or agent, title of officer or agent) of 11'tk j t%DYf � ia„i{ h L) (name of corporation), a r ct, 4 Notary Seal ii.r sis•.. CAROLYN LIVINGSTON ?° fieNotary Public - State of Florida Commission k HH 409207 o» My Comm. Expires Jun 11. 2027 Bonded through National Notary Assn. X1WMOV) Notary Si ture EXHIBIT C COMPENSATION AND BUDGET SUMMARY ELDERLY SERVICES A. The maximum compensation under this Agreement shall be $ 174,320.00. B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule are attached hereto and made part of this Agreement. C. All payments shall be for services provided only during the term of this Agreement and in compliance with the previously approved Work Program (Exhibit B) and Program Budget. D. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the CITY by the 10th of the following month to the following email address mcmartinezAmiamigov.com. 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. E. Each written request for payment shall contain a statement declaring and affirming that services were provided to certified program participants and in accordance with the approved Work Program and Program Budget. All documentation in support of each request shall be subject to review and approval by the CITY at the time the request is made. F. All expenditures must be verified with a copy of the original invoice and a copy of a check or other form of payment which was used to pay that specific invoice. In the event that an invoice is paid by various funding sources, the copy of the invoice must indicate the exact amount (allocation) paid by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line -item budget. G. The SUBRECIPIENT must submit the final request for payment to the CITY within ten (10) calendar days following the termination date of this Agreement. If the SUBRECIPIENT fails to comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. H. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and any modifications thereto. I. During the term hereof and for a period of five (5) years following the date of the last payment made hereunder, the CITY shall have the right to review and audit the time records and related records of the SUBRECIPIENT pertaining to any payments by the CITY. zed Representativ Si / I. i /r Date Title: ?e4 e '"f 13 AGENCY NAME: Allapattah Community Action, Inc. PERIOD FUNDING: Oct, 1 2023-September 30, 2024 FUNDING SOURCE: CDBG DESCRIPTION Budget Miriam Urra, Executive Director $34,940.64 Patricia Miro-Turnes, Prog. Director $21,501.36 Enrique Serrano , Activities Coords. $17,350.80 Angel Arias, Computer Operator $17,403.36 Keyla Garcia , Meals Coordinator $3,625.20 Heriberto Mederos, Driver $8,675.04 Vacant $10,822.08 Gennises Gonzalez, Program Assistant 2 $3,882.96 Total Salaries $118,201.44 Staff FICA/MICA $9,042.41 Worker's Comp $1,433.36 Unemployment $26.80 Group Health Insurance $20,527.24 General Liability Insurance $3,326.77 Telephone $1,761.94 Bldg. Maintenance $3,173.17 Maintenance Vehicle $2,861.59 Gasoline $4,593.49 Equipment Rental $3,145.20 Postage $495.92 Printing Outside $176.93 Local Travel/Activities $2,750.24 Kitchen Supplies $755.81 Software $2,047.69 Total $174,320.00 CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF SALARY FORECAST • 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 City 24months Employee Name Position Title Ethnicity Pt/Ft Period Pay Period Salary Period Charged to City 10/1/2023 Miriam Urra Executive Director Hispanic FT 9/30/2024 24 109,409.07 1,455.86 31.94% 34,940.64 10/1/2023 - Patricia Miro-Turnes Program Director Hispanic FT 9/30/2024 24 84,310.66 895.89 25.50% 21,501.36 - 10/1/2023 Enrique Serrano Activities Coordinator Hispanic FT 9/30/2024 24 42,471.51 722.95 40.85% 17,350.80 - 10/1/2023 Angel Arias Computer Operator Hispanic FT 9/30/2024 24 55,324.98 725.14 31.46% 17,403.36 10/1/2023 - Keyla Garcia Meals Coord Hispanic FT 9/30/2024 24 32,652.06 151.05 11.10% 3,625.20 10/1/2023 - Gennesis Gonzalez Program Assistant 2 Hispanic FT 9/30/2024 24 29,654.60 161.79 13.09% 3,882.96 10/1/2023 - Vacant Assistant 2 Hispanic FT 9/30/2024 24 28,319.00 450.92 38.21 % 10,822.08 10/1/2023 - Heriberto Mederos Bus Driver Hispanic FT 9/30/2024 24 26,597.81 361.46, 32.62% 8,675.04 408,739.69 4,925.06 28.92% 118,201.44 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 CO BG ARPA Dade County Cony Meals Dade County HB Alliance LSP ARRA ARP OAA TRANS OAA REC OAA CONG Total Line -Item Description % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount % Amount Staff Salaries 22.71 118 201.44 17.23 89 660.40 1.26 6,577.00 1.97 10,267.00 21.89 113,897.05 3.71 19,329.62 24.40 126,976.32 3.11 16,176.96 3.71 19,318.87 100.00 520 404.65 Staff MICA 22.50 9.042.41 17.06 8,859.02 1.33 533.00 1.86 749.00 22.68 9,115.22_ 3.68 1,478.72 24.17 9,713.69 3.08 1,236.96 3.65 1,467.89 100.00 40 195.90 Staff FICA 0 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Workers' Comp. 24.88 1,433.36 52.07 3 000.00 0.00 - 0.00 - 0.00 - 0.00 - 23.05 1,328.08 0.00 - 0.00 - 100.00 5 761.44 Unemployment 2.71 26.80 94.64 936.00 0.00 - 0.00 - 0.00 - 0.28 2.72 1.88 18.59 0.22 2.22 0.27 2.64 100.00 988.97 Group Health 16.59 20 527.24 42.98 53,165.68 0.00 - 0.00 - 0.00 - 9.66 11,948.49 21.43 26,512.74 4.12 5,098.04 5.22 6,452.48 100.00 123 704.66 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 0.00 - 100.00 7,000.00 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 100.00 7,000.00 - Spc. Svrs. Licenses & Permits 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - o.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 Bonding 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 11.61 3,173.17 23.79 6 500.00 0.00 - 0.00 - 0.00 - 34.09 9,313.51 23.85 6,517.85 2.01 548.48 4.65 1,270.94 100.00 27 323.95 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 31.90 4,593.49 41.66 6,000.00 0.00 - 0.00 - 5.89 847.59 0.00 - 14.77 2,127.35 0.00 - 5.78 832.21 100.00 14 400.64 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 1157.57 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 Out of Town 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - _Travel, Supplies Copier 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - 0.00 - Supplies Office 0.00 - 83.00 5,000.00 0.00 - 0.00 - 0.00 - 0.00 - 11.65 701.98 5.35 322.25 0.00 - 100.00 6 024.23 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 - 0.00 - 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 Fumiture <$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 13.68% 174,320.00 17.07% 217,548.00 3.26% 41,520.00 2.71 % 34,480.0D 28.37% 361,543.00. 12.07% 153,799.05 15.79% 201,232.56 1.97% _ 25,069.18 5.10% 65,059.65 100.00% 1,274,571.44_ Title: 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 .'lure. . ized Repre, to 've . e: ,ATh,A! • STATE OF FLORIDA COUNTY OF MIAMI-DADE Date The foregoing instrument was acknowledged before me by means ofr physical presence or ❑ online notarizat on this v�1 day of yl_.0-'3 by of fmfaJ C%Z? 1 /t� il/% < b-1--- a t.-y:'I�-fr`-- corporation, on behalf of , e corporation. I Jshe isperso ally_known t me or has produced as identification. Q5 's - % S Signatur f Notary [Notary Seal]: 4 J. S asI Ia aS J ALL ;:tiiiir Poe-. CAROLYN LIVINGSTON 3'� 0�'- Notary Public -State of Florida • o` Commission : }#H 409207 `•t'ov ; My Comm. Expires Jun 11, 2027 b $ Bonded through National Notary Assn, 0 EXHIBIT E fi _1110!, 'rtnt ► . -t 4 wi ata Title. 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. ed Repre 'mature. Date STATESTATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknow edged before me by means ofA physical presence or ❑ M f n ine notarization, this day of '"1� . ' 20 2 �jU-- lap et , -t f -A-1�..A- � ,ry1,yy1 a t/ corporation, on behalf of the corporation He he is personall��own t me or has produced as identi ication. M - - --\1 '\W) Signat Notary [Notary Seal CAROLYN LIVINGSTON Notary Public - State of Florida Commission r HH 409207 •!.. ... My Comm. Expires Jun t t, 2027 Bonded through National notary Assr. b 1r/' 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 City of Miami By Miguel Del Rivero (Print this individual's name and title) For Allapattah Community Action, Inc. (Print name of entity submitting statements) whose business address is 2257 NW North River Drive, Miami, Florida 33125 and whose Federal Employer identification Number (FEIN) is 59-2000654 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 applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. AND (Please indicate which additional statement applies). The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO, WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Authorized Representative re: rt Nam , i, , li e-ra T tie: - 2-9 Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of (physical presence or ❑ online notarization, his day of 20 by '400 P A 44 k of 0-1I0• x /h O/) i 074', a J ion eta__ corporation, on behalf of the corporation. e/ he is pe onally known to me or has produced as identi ication. [Notary Seal]: +"r"�''•. CAROLYN LIVINGSTON fin: Notary Public - State of Florida Commission t+ HH 409107 ?or►}'. My Comm. Expires Jur 11. 2027 Bonded through National Notary Assr, Signat may. f 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. ACG CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY 07101/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS OERTIFICATE 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 I<nCiorSe.n'lent(s),.., PRQQI :ER Inter- Continental Investment & Advisory,, Ine, 4QQl Towerstde• Terrace Suite 91 Q Miami, INSURED Allapattah; Community. Action, lnQ. SC 2257 NW North River- Drive Miami FI 33125 • CONTACT NAME: Manuel A. Perez. PHONE (A/C, No, Ext): 786-877-3995 FAX 3.05-468-6414 (A/C, No): E-MAIL ADDRESS: maptag,a,c4 INSURER(S) AFFORDING COVERAGE tIAIC # IN$I1RER A.; A,ttear'ILy specially Imurance Company 16427 20052 INSURER a: National Liafa(littr Fire INSURER C: Ascendant COmmeroial Insurance Company INSURER D : The Harford INSURER E: Westchester REVISION NUMBER: 13683 19682 10172 v 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 ADDLSUBR INSD WVD POLICY NUMBER POLICYEFF (MM/DD/YYYY) POUCYEXP (MM/DD/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 DAMAGE TO RENTED PREMISES (each occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 Included GEN'L AGGREGATE LIMIT APPLIES POLICY nPROJECT PER: LOC PRODUCTS - COMP/OP AGG 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 Ef)aMacBaIlsIdEeDn4INGLEE LIMIT $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 EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ 10,000 C WORKERS AND ANY OFFICER/MEMBER (Mandatory If yes, COMPENSATION EMPLOYERS' LIABILITY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? In NH) describe under DESCRIPTION OF OPERATIONS Y/N N/A WC-71058-6 06/13/23 06/13/24 X WCSTATU- 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 $1,00D 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 OLDER CANCELLATION ,....cm 1 1rK..IA 1 c n SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF MIAMI ACCORDANCE WITH THE POLICY PROVISIONS. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 444 SW 2ND AVENUE A THORIZED REPRESENTATIVE MIAMI, FL 33130 r) ' Manuel A. Perez, Agent ,\• i� i / - ACORD 25 (2010/05) -LU-IU HV.. The ACORD name and logo are registered marks of ACORD Olivera, Rosemary From: Galo, Monica Sent: Monday, December 18, 2023 10:54 AM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd; Pereira, Raymond Subject: Executed Agreement - Allapattah Community Development CDBG $174320 Attachments: ACAI CDBG Agreement fully executed.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