HomeMy WebLinkAbout24717AGREEMENT INFORMATION
AGREEMENT NUMBER
24717
NAME/TYPE OF AGREEMENT
CATHOLIC CHARITIES OF THE ARCHDIOCESE OF
MIAMI/MYERS SENIOR CENTER
DESCRIPTION
GRANT AGREEMENT/ELDERLY MEALS/FILE ID: 14193/R-23-
0328/MATTER I D : 23-2756
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
NAME OF OTHER CONTRACTUAL PARTY/ENTITY:
EXT. 1976
Catholic Charities of the Archdiocese of
Miami / Myers Senior Center
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES 0 NO
TOTAL CONTRACT AMOUNT: $ 50,500.00 FUNDING INVOLVED? 0 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 $50,500.00 in ARPA funding to Catholic Charities of the Archdiocese of Miami/Myers Senior
Center for Public Services activities. For more information, please refer to Resolution.
COMMISSION APPROVAL DATE: 7/27/2023 FILE ID: 14193
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ENACTMENT No.: R-23-0328
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTORNovember 3,
2023 112:21:22
PRINT: ROBE
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SIGNATURE:
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SUBMITTED TO RISK MANAGEMENT November 3, 2023
I 12 : 39: 30 EDT
PRINT: ANN
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November 20,
APPROVAL BY ASSISTANT CITY MANAGER
2023 I 11:34:38
RECEIVED BY CITY MANAGERNovember 21, 2023 109
53:31 EST
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1) ONE ORIGINAL TO CITY CLERK,
November 22, 2023
2) ONE COPY TO CITY ATTORNEY'S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
I 18:22:01 EST
PRINT: TODLu.
SIGNATURE:
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PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI, FLORIDA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
THE AMERICAN RESCUE PLAN ACT OF 2022
GRANT AGREEMENT
This Agreement (hereinafter the "Agreement") is entered into this 22 day of
November , 20 23, between the City of Miami, a municipal corporation of the State of
Florida (hereinafter the "CITY"), & Catholic Charities of the Archdiocese of Miami/Myers Senior Center
a Florida not for profit corporation (hereinafter referred to as the "PROVIDER").
FUNDING SOURCE: United States Department of the Treasury
CFDA# (If applicable): 21.027
AMOUNT: $ 50,500.00
TERM OF AGREEMENT: October 1, 2023 through September 30, 2024
PROJECT NUMBER:
UEI NUMBER: XBL5RDNQYX19
AGENCY'S ADDRESS: 1505 NE 26 Street
Wilton Manors, FL 33305
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WITNESSETH
WHEREAS, the scope of services described in the Agreement are authorized through the
Act and the Resolution, with funding from the United States Department of the Treasury; and
WHEREAS, the City Commission of the City of Miami authorized the City Manager to
execute the necessary agreements with the PROVIDER so that PROVIDER can provide Elderly
Meals; and
WHEREAS, the parties hereto have agreed to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set
forth, the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A Corporate Resolution Authorizing Execution of this Agreement
Exhibit B Scope of Services
Exhibit C Compensation and Budget Summary
Exhibit D Certification Regarding Lobbying Form
Exhibit E Certification Regarding Debarment, Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Exhibit F Crime Entity Affidavit
Exhibit G Insurance Requirements
Exhibit H Programmatic Reporting Requirements
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Funds: The $50,500.00 paid to PROVIDER in exchange for PROVIDER
completing the activities described in the Scope of Services set forth in
Exhibit B.
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Agreement Records: Any and all books, records, documents, information, data, papers,
letters, materials, and computerized or electronic storage data and
media, whether written, printed, computerized, electronic or electrical,
however collected or preserved, which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of
the PROVIDER or any subcontractor in carrying out the duties and
obligations required by the terms of this Agreement, including, but not
limited to, financial books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computer drives and diskettes or
surveys.
CFR: Code of Federal Regulations.
Department: The City of Miami Department of Housing and Community
Development, or its designee.
Federal Award: Any federal funds received by the PROVIDER from any source during
the period of time in which the PROVIDER is performing the
obligations set forth in this Agreement.
Program: CITY's Public Services Program which is pursuant to the American
Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (the
"Act"), 31 CFR Part 35 ("Final Rule"), and by City of Miami's City
Commission through Resolution No. R-23-0328 (the "Resolution")
with funding from the United States Department of the Treasury
Treasury: The United States Department of the Treasury.
ARTICLE II
BASIC REQUIREMENTS
The following documents must be approved by the CITY and must be on file with the Department
prior to the CITY's execution of this Agreement:
2.1 The Scope of Services submitted by the PROVIDER to the CITY which shall become
attached hereto as Exhibit "B" to this Agreement and shall include the following:
2.1.1 The description section shall detail the activities to be carried out by the
PROVIDER. It should specifically describe the activities to be carried out as a
result of the expenditure of Funds. Where appropriate it should list measurable
objectives, define the who, what, where and when of the services and/or project,
and in general detail how these activities will ensure that the intended beneficiaries
will be served.
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2.1.2 The schedule should provide projected milestones and deadlines for the
accomplishment of tasks in carrying out the Scope of Services. These projected
milestones and deadlines are a basis for measuring actual progress during the term
of this Agreement. These items shall be in sufficient detail to provide a sound basis
for the CITY to effectively monitor performance by the PROVIDER under this
Agreement.
2.2 The Budget Summary attached hereto as Exhibit "C", including the PROVIDER's Itemized
Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all
subcontracts.
2.3 A list of the PROVIDER's present officers and members of the Board (names, addresses, and
telephone numbers.)
2.4 A list of key staff persons (with their titles) who will carry out the Scope of Services.
2.5 Completion of an Authorized Representative Statement, in a form acceptable to the CITY.
2.6 Completion of a Statement of Accounting System.
2.7 A copy of the PROVIDER's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Copy of the PROVIDER's last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the PROVIDER, certified by
the PROVIDER's Corporate Secretary, authorizing the consummation of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 Acceptance of federal requirements applicable to the Program under 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards; acceptance of the requirements contained under the Act and Lead Based
Paint regulations under 24 CFR Part 35.
2.12 ADA Requirements.
2.13 Drug Free Certification.
2.14 All other documents reasonably required by the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on
behalf of the CITY in the fiscal control, programmatic monitoring and modification of this
Agreement, except as otherwise provided in this Agreement.
3.2 EFFECTIVE DATE AND TERM: The effective date of this Agreement from October 1,
2023 to September 30, 2024.
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3.3 OBLIGATIONS OF PROVIDER. The PROVIDER shall carry out the services and
activities as prescribed in its Scope of Services, attached hereto and incorporated herein as Exhibit
"B" ("Scope of Services"), which is attached and incorporated herein and made a part of this
Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the
written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by
the Treasury and the CITY.
3.4 POLICIES AND PROCEDURES. This Agreement is subject to the current Federal
requirements and/or regulations under the Act or otherwise, as may be amended. The PROVIDER
is aware of and accepts the Act, the Final Rule, and the Program's Policies and Procedures Manual,
which is attached hereto and incorporated herein as Exhibit "H" (collectively, "Policies and
Procedures"), as the official documents that outline the fiscal, administrative, and federal
guidelines that shall regulate the day-to-day operations of the PROVIDER. The Policies and
Procedures are incorporated herein and made part of this Agreement. The CITY reserves the right
to update the Policies and Procedures, or any portion thereof, in the CITY's sole and absolute
discretion. The updated version(s) of the Policies and Procedures shall be incorporated and made
a part of this Agreement.
3.5 LEVEL OF SERVICE. Should start-up time for the Scope of Services be required or in the
event of the occurrence of any delays in the activities thereunder, the PROVIDER shall
immediately notify the Department in writing, giving all pertinent details and indicating when the
Scope of Services shall begin and/or continue. It is understood and agreed that the PROVIDER
shall maintain the level of activities and expenditures in existence prior to the execution of this
Agreement. Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in connection with work
which would have been performed in the absence of this Agreement.
3.6 PRIOR APPROVAL. The PROVIDER shall obtain the prior approval of the CITY prior
to undertaking any of the following with respect to the project and/or the Scope of Services:
• The addition of any positions not specifically listed in the approved Itemized Budget.
• The modification or addition of any job descriptions.
• The purchase of any non -expendable personal property.
• The disposition of any real property, expendable personal property or any non -
expendable personal property.
• Any out-of-town travel not specifically listed in the Itemized Budget.
• The use of Funds in any manner not specifically listed in the Itemized Budget.
• Any proposed Solicitation Notice, Invitation for Bids, and Request for Proposals.
• The disposal of any Agreement Records.
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ARTICLE IV
FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION. The amount of compensation payable by the CITY to the PROVIDER
shall be pursuant to the rates, schedules and conditions described in Exhibit "C" attached hereto
and incorporated into this Agreement.
4.2 INSURANCE. At all times during the term hereof, the PROVIDER shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
PROVIDER shall furnish to the CITY original certificates of insurance indicating that the
PROVIDER is in compliance with the provisions described in Exhibit "G" attached hereto, and
incorporated into this Agreement.
4.3 FINANCIAL ACCOUNTABILITY. The CITY reserves the right to audit the records of
the PROVIDER at any time during the performance of this Agreement and for a period of five (5)
years after its expiration/termination. The PROVIDER agrees to provide all financial and other
applicable records and documentation of services to the CITY. Any payment made shall be subject
to reduction for amounts included in the related invoice which are found by the CITY, on the basis
of such audit and at its sole discretion, not to constitute reasonable and necessary expenditures.
Any payments made to the PROVIDER are subject to reduction for overpayments on previously
submitted invoices.
4.4 RECAPTURE OF FUNDS. The CITY reserves the right to recapture Funds in the event
that the PROVIDER shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept
conditions imposed by the CITY at the direction of the federal, state, and local governments and/or
agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the
availability of funds and continued authorization for Program activities and is also subject to
amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes
in rules, laws, federal guidance, rules, laws, and regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 As a necessary part of this Agreement, the PROVIDER shall adhere to the following audit
requirements:
5.1.1 If the PROVIDER expends $750,000 or more in federal funds during its fiscal year,
it shall have a Single or a Program -Specific Audit conducted for that year. Such
Audit must be conducted in accordance with General Accepted Government
Auditing Standards (GAGAS.)
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a) Single Audit. A single audit must be conducted in accordance with the
applicable requirements of 2 CFR 200.514 "Scope of Audit", except when the
PROVIDER elects to have a Program -Specific Audit conducted in accordance
with paragraph b) of this section.
b) Program -Specific Audit. When a PROVIDER expends Federal Awards under
only one federal program and the federal program's statutes, regulations, or the
terms and conditions of the Federal Award do not require a financial statement
audit of the PROVIDER, the PROVIDER may elect to have a Program -Specific
Audit conducted in accordance with the applicable requirements of 2 CFR
200.507 "Program -Specific Audits".
The auditor must:
(i) Perform an audit of the financial statement(s) for the Federal program
in accordance to GAGAS;
(ii) Obtain an understanding of internal controls and perform tests of
internal controls over the Federal program consistent with the applicable
requirements of 2 CFR 200.514(c) to ensure compliance with
procedures;
(iii) Perform procedures to determine whether the PROVIDER has complied
with Federal statutes, regulations, and the terms and conditions of
Federal Awards that could have a direct and material effect on the
Federal program consistent with the applicable requirements of 2 CFR
200.514(d).
(iv) Follow up on prior audit findings, perform procedures to assess the
reasonableness of the summary schedule of prior audit findings
prepared by the PROVIDER in accordance with the applicable
requirements of 2 CFR 200.511 "Audit findings follow-up", and report,
as a current year audit finding, when the auditor concludes that the
summary schedule of prior audit findings materially misrepresents the
status of any prior audit finding; and
(v) Report any audit findings consistent with the applicable requirements of
2 CFR 200.516 "Audit findings".
The auditor's report(s) must state that the audit was conducted in accordance
with the applicable requirements of 2 CFR 200.507 "Program -Specific Audits"
and include the following:
(i) An opinion (or disclaimer of opinion) as to whether the financial
statement(s) of the Federal program is presented fairly in all material
respects in accordance with the stated accounting policies;
(ii) A report on internal control related to the Federal program, which must
describe the scope of testing of internal control and the results of the
tests;
(iii) A report on compliance which includes an opinion (or disclaimer of
opinion) as to whether the PROVIDER complied with laws, regulations,
and the terms and conditions of Federal Awards which could have a
direct and material effect on the Federal program; and
(iv) A schedule of findings and questioned costs for the Federal program
that includes a summary of the auditor's results relative to the Federal
program in a format consistent with 2 CFR 200.515 "Audit reporting",
paragraph (d)(1) and findings and questioned costs consistent with the
requirements of 2 CFR 200.515 "Audit reporting", paragraph (d)(3).
5.1.2 If the PROVIDER expends less than $750,000 in federal funds during its fiscal
year, it is exempted from federal audit requirements for that year and consequently
the audit cost is not a reimbursable expense. The CITY, however, may request the
PROVIDER to have a limited scope audit for monitoring purposes. These limited
scope audits will be paid for and arranged by the CITY and address only one or
more of the following types of compliance requirements: activities allowed or
unallowed; allowable costs/cost principles; eligibility; matching, level of effort,
earmarking; and, reporting.
All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the
findings, such as whether an audit finding represents an isolated instance or a systemic
problem. Where appropriate, instances identified shall be related to the universe and the
number of cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The PROVIDER shall establish and maintain sufficient records to enable the CITY to
determine whether the PROVIDER has met the requirements of the Program. At a minimum, the
following records shall be maintained by the PROVIDER:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with Funds, including its location (if the activity has a geographical locus), the
amount of Funds budgeted, obligated and expended for the activity, and the specific
provision in the Program regulations under which the activity is eligible.
6.1.2 Records demonstrating that client meet eligibility criteria set forth in the Policies
and Procedures and the Resolution, and that such information is provided in the
form required in same.
6.1.3 Equal Opportunity Records containing:
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(i)
Data on the extent to which each racial and ethnic group and single -headed
households (by gender of household head) have applied for, participated in,
or benefited from, any program or activity funded in whole or in part with
Funds. Such information shall be used only as a basis for further
investigation relating to compliance with any requirement to attain or
maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
(ii) Financial records, in accordance with the applicable requirements of the
Final Rule.
6.1.4 Records required to be maintained in accordance with other applicable laws and
regulations set forth in the Final Rule.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS.
6.2.1 The Department shall have the authority to review the PROVIDER's records,
including project and programmatic records and books of account, for a period of
five (5) years from the expiration/termination of this Agreement (the "Retention
Period"). All books of account and supporting documentation shall be kept by the
PROVIDER at least until the expiration of the Retention Period.
The PROVIDER shall maintain records sufficient to meet the requirements of the
Final Rule. All records and reports required herein shall be retained and made
accessible as provided thereunder. The PROVIDER further agrees to abide by
Chapter 119, Florida Statutes, as the same may be amended from time to time,
pertaining to public records. The PROVIDER shall ensure that the Agreement
Records shall be at all times subject to and available for full access and review,
inspection and audit by the CITY, federal personnel and any other personnel duly
authorized by the CITY.
The parties hereto further agree that any of the obligations in this section will
survive the term, termination, and cancellation hereof.
IF PROVIDER HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT,
PLEASE CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS AT TELEPHONE NUMBER 305-416-1800, EMAIL:
PUBLICRECORD S@MIAMIGOV. COM, AND MAILING
ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY
ATTORNEY, 9TH FLOOR, MIAMI RIVERSIDE CENTER, 444
S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE
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DEPARTMENT'S CUSTODIAN OF RECORDS AT
14 NE 1st Avenue, 2' Floor, Miami, FL 33132.
6.2.2 The PROVIDER shall include in all the Department approved subcontracts used to
engage subcontractors to carry out any eligible substantive project or programmatic
activities, as such activities are described in this Agreement and defined by the
Department, each of the record -keeping and audit requirements detailed in this
Agreement. The Department shall in its sole discretion determine when services
are eligible substantive project and/or programmatic activities and subject to the
audit and record -keeping requirements described in this Agreement.
6.2.3 If the CITY or the PROVIDER has received or given notice of any kind indicating
any threatened or pending litigation, claim or audit arising out of the activities
pursuant to the project, the activities and/or the Scope of Services or under the terms
of this Agreement, the Retention Period shall be extended until such time as the
threatened or pending litigation, claim or audit is, in the sole and absolute discretion
of the Department fully, completely and finally resolved.
6.2.4 The PROVIDER shall notify the Department in writing both during the term of this
Agreement and after its expiration/termination as part of the final close-out
procedure, of the address where all Agreement Records will be retained.
6.2.5 The PROVIDER shall obtain the prior written consent of the Department to the
disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6.3 PROVISION OF RECORDS.
6.3.1 At any time upon request by the Department, the PROVIDER shall provide all
Agreement Records to the Department. The requested Agreement Records shall
become the property of the Department without restriction, reservation, or
limitation on their use. The Department shall have unlimited rights to all books,
articles, or other copyrightable materials developed in the performance of this
Agreement. These rights include the right of royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to use, the Scope of Services for public purposes.
6.3.2 If the PROVIDER receives funds from, or is under regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the PROVIDER shall provide a copy of each
such report and any follow-up communications and reports to the Department
immediately upon such issuance, unless such disclosure would be prohibited by
any such issuing agency.
6.4 MONITORING. The PROVIDER shall permit the Department and other persons duly
authorized by the CITY or Department to inspect all Agreement Records, facilities, goods, and
activities of the PROVIDER which are in any way connected to the activities undertaken pursuant
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to the terms of this Agreement, and/or interview any clients, employees, subcontractors or
assignees of the PROVIDER. Following such inspection or interviews, the Department will deliver
to the PROVIDER a report of its findings. The PROVIDER will rectify all deficiencies cited by
the Department within the specified period of time set forth in the report or provide the Department
with a reasonable justification for not correcting the same. The Department will determine in its
sole and absolute discretion whether or not the PROVIDER's justification is acceptable.
At the request of the CITY, the PROVIDER shall transmit to the CITY written statements of the
PROVIDER's official policies on specified issues relating to the PROVIDER's activities. The
CITY will carry out monitoring and evaluation activities, including visits and observations by
CITY staff. The PROVIDER shall ensure the cooperation of its employees and its board members
in such efforts. Any inconsistent, incomplete, or inadequate information either received by the
CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the
CITY to terminate this Agreement.
6.5 RELATED PARTIES. The term "related -party transaction" includes, but is not limited to,
a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping
board of directors and an organization for which the PROVIDER is responsible for appointing
memberships. Upon forming the relationship or if already formed, before of at the time of
execution of this Agreement, the PROVIDER shall report such relationship to the Department.
Any supplemental information shall be promptly reported to the Department. The PROVIDER
shall report to the Department the name, purpose for and any and all other relevant information in
connection with any related -party transaction.
6.6 PROGRESS REPORTS. The PROVIDER shall submit to the CITY, on a quarterly basis,
a Scope of Services status report.
ARTICLE VII
OTHER PROGRAM REQUIREMENTS
7.1 The PROVIDER shall maintain current documentation that its activities are Program
eligible in accordance with the Policies and Procedures and the Resolution.
7.2 The PROVIDER shall ensure and maintain documentation that conclusively demonstrates
that each activity assisted in whole or in part with Funds is an activity which provides benefit to
eligible Program applicants under the Act and the Resolution.
7.3 The PROVIDER shall comply with all applicable provisions of the Policies and Procedures
and the Resolution and the PROVIDER shall carry out each activity in compliance with all
applicable federal, state, and local laws, rules, and regulations described therein. PROVIDER
acknowledges that it may be required to comply with additional requirements imposed by the
Treasury and/or the CITY, and PROVIDER agrees to comply with such requirements upon written
notice from the CITY.
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7.4 The PROVIDER shall cooperate with the Department in attending meetings at the request
of the Department and to provide information as requested or required to the Department.
7.5 OMITTED.
7.6 NON-DISCRIMINATION. The PROVIDER shall not discriminate on the basis of race,
color, national origin, sex, religion, age, marital or family status or handicap in connection with
the activities and/or the Scope of Services or its performance under this Agreement.
Furthermore, the PROVIDER agrees that no otherwise qualified individual shall, solely by reason
of his/her race, sex, color, creed, national origin, age, marital status, sexual orientation or handicap,
be excluded from the participation in, be denied benefits of, or be subjected to discrimination under
any program or activity receiving Funds.
7.7 The PROVIDER shall carry out its Scope of Services in compliance with all federal laws
and regulations, state statutes, and local laws.
7.8 OMITTED.
7.9 UNIFORM ADMINISTRATIVE REQUIREMENTS. The PROVIDER shall comply with
the requirements and standards of 2 CFR 200, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards", as set forth under Subpart D—"Post
Federal Award Requirements" and Subpart E—"Cost Principles."
7.10 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
PROVIDER is or was created by a religious organization, the PROVIDER agrees that all Funds
disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of
the Act and all applicable laws.
In accordance with the First Amendment of the United States Constitution, particularly regarding
the relationship between church and State, Funds may not be used for religious activities. The
PROVIDER shall comply with those requirements and prohibitions when entering into
subcontracts.
7.11 REVERSION OF FUNDS. Upon expiration/termination of this Agreement, the
PROVIDER must transfer to the CITY any unused Funds at the time of expiration/termination and
any accounts receivable attributable to the use of Funds.
7.12 ENFORCEMENT OF THIS AGREEMENT.
Any violation of this Agreement that remains uncured thirty (30) days after the
PROVIDER's receipt of notice from the CITY (by certified or registered mail) of such violation
may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any
other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein,
if the PROVIDER fails to comply with the terms of this Agreement, the CITY may suspend or
terminate this Agreement in accordance with Article X of this Agreement.
7.13 SUBCONTRACTS AND ASSIGNMENTS.
7.13.1 The PROVIDER shall ensure that all subcontracts and assignments:
(a) Identify the full, correct, and legal name of all parties;
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(b) Describe the activities to be performed;
(c) Present a complete and accurate breakdown of its price components;
(d) Incorporate a provision requiring compliance with all applicable regulatory
and other requirements of this Agreement. The requirements of this paragraph
apply only to subcontracts and assignments in which parties are engaged to
carry out any eligible substantive programmatic service, as may be defined
by the CITY, set forth in this Agreement. The CITY shall in its sole discretion
determine when services are eligible substantive programmatic services and
subject to the audit and record -keeping requirements described in this
Agreement.
7.13.2 The PROVIDER shall incorporate in all consultant subcontracts the following
provision:
"The PROVIDER is not responsible for any insurance or other fringe benefits for
the Consultant or employees of the Consultant, e.g., social security, income tax
withholding, retirement or leave benefits normally available to direct employees of
the PROVIDER. The Consultant assumes full responsibility for the provision of all
insurance and fringe benefits for himself or herself and employees retained by the
Consultant in carrying out the scope of services provided in this subcontract."
7.13.3 The PROVIDER shall be responsible for monitoring the contractual performance
of all subcontracts.
7.13.4 The PROVIDER shall submit to the CITY for its review and confirmation any
subcontract engaging any party to carry out any substantive programmatic
activities, to ensure its compliance with the requirements of this Agreement. The
CITY's review and confirmation shall be obtained prior to the release of any funds
for the PROVIDER's Subcontractor(s).
7.13.5 The PROVIDER shall receive written approval from the CITY prior to either
assigning or transferring any obligations or responsibility set forth in this
Agreement or the right to receive benefits or payments resulting from this
Agreement. Approval by the CITY of any subcontract or assignment shall not under
any circumstances be deemed to require for the CITY to incur any obligation in
excess of the total dollar amount agreed upon in this Agreement.
7.13.6 The PROVIDER and its Subcontractors shall comply (when applicable) with the
Copeland Kick Back Act, Davis -Bacon Act, Contract Work Hours and Safety -
Standards Act, and Lead -Based Paint Poisoning Prevention Act and all other related
acts, as applicable.
7.14 USE OF FUNDS FOR LOBBYING PROHIBITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are expressly
prohibited.
13
ARTICLE VIII
PROVIDER CERTIFICATIONS, ASSURANCES, AND REGULATIONS.
8.1 The PROVIDER certifies that:
(a) The PROVIDER possesses the legal authority to enter into this Agreement pursuant to
authority that has been duly adopted or passed as an official act of the PROVIDER's
governing body, authorizing the execution of the Agreement, including all understandings
and assurances contained herein, and directing and authorizing the person identified as the
official representative of the PROVIDER to act in connection with this Agreement and to
provide such information as may be required.
(b) The PROVIDER shall comply with the Hatch Act, which limits the political activity of
employees.
(c) The PROVIDER shall establish safeguards to prohibit its employees from using their
positions for a purpose that is or gives the appearance of being motivated by desire for
private gain for themselves or others, particularly those with whom they have family,
business, or other ties.
(d) To the best of its knowledge and belief, the PROVIDER and its principals:
(i) are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
(ii) have not, within a three-year period preceding the date of this Agreement, been
convicted of or had a civil judgment rendered against any of them for the
commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State, or local) transaction or a contract
under a public transaction; violation of Federal or State antitrust statutes or
falsification or destruction or records, making false statements, or receiving stolen
property;
(iii) are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with the commission of any of the
offenses enumerated in this Article VIII; and
(iv) have not, within a three-year period preceding the date if this Agreement, had one
or more public transactions (Federal, State, or local) terminated for cause or default.
ARTICLE IX
INTENTIONALLY OMITTED
14
ARTICLE X
REMEDIES, SUSPENSION, TERMINATION
10.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this
Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in
writing to the PROVIDER, who shall be paid for those services performed prior to the date of its
receipt to the notice of termination. In no case, however, shall the CITY pay the PROVIDER an
amount in excess of the total sum provided by this Agreement.
It is hereby understood by and between the CITY and the PROVIDER that any payment made in
accordance with this Agreement to the PROVIDER shall be made only if the PROVIDER is not
in default under the terms of this Agreement. If the PROVIDER is in default, the CITY shall not
be obligated and shall not pay to the PROVIDER any sum whatsoever.
If the PROVIDER fails to materially comply with any term of this Agreement, the CITY may take
one or more of the following courses of action:
10.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
PROVIDER, or such more severe enforcement action as the CITY determines is
necessary or appropriate.
10.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of
the cost of the activity or action not in compliance.
10.1.3 Wholly or partially suspend or terminate the current Funds committed to the
PROVIDER.
10.1.4 Withhold further funds from the PROVIDER.
10.1.5 Take all such other remedies that may be legally available.
10.2 SUSPENSION.
10.2.1 The Department may, for reasonable cause, temporarily suspend the PROVIDER's
operations and authority to obligate funds under this Agreement or withhold
payments to the PROVIDER pending necessary corrective action by the
PROVIDER. Reasonable cause shall be determined by the Department in its sole
and absolute discretion, and may include:
(i) Ineffective or improper use of the Funds by the PROVIDER;
(ii) Failure by the PROVIDER to comply with any term or provision of this
Agreement;
(iii) Failure by the PROVIDER to submit any documents required by this
Agreement; or
(iv) The PROVIDER's submittal of incorrect or incomplete documents.
15
10.2.2 The Department may at any time suspend the PROVIDER's authority to obligate
funds, withhold payments, or both.
10.2.3 The actions described in paragraphs 10.2.1 and 10.2.2 above may be applied to all
or any part of the activities funded by this Agreement.
10.2.4 The Department will notify the PROVIDER in writing of any action taken pursuant
to this Article, by certified mail, return receipt requested, or by in person delivery
with proof of delivery. The notification will include the reason(s) for such action,
any conditions relating to the action taken, and the necessary corrective action(s).
10.3 TERMINATION.
10.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive
funds to finance this Agreement from its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department may terminate this Agreement upon not less than twenty-four (24)
hours prior notice in writing to the PROVIDER. Said notice shall be delivered by
certified mail, return receipt requested, or by in person delivery with proof of
delivery. In the event that the CITY's funding source reduces the CITY's
entitlement under the Program, the CITY shall determine, in its sole and absolute
discretion, the availability of funds for the PROVIDER pursuant to this Agreement.
10.3.2 Termination for Breach. The Department may terminate this Agreement, in whole
or in part, in the event the Department determines, in its sole and absolute
discretion, that the PROVIDER is materially non -compliant with any term or
provision of this Agreement.
The Department may terminate this Agreement, in whole or in part, in the event
that the Department determines, in its sole and absolute discretion, that there exists
an event of default under and pursuant to the terms of any other agreement or
obligation of any kind or nature whatsoever of the PROVIDER to the CITY, direct
or contingent, whether now or hereafter due, existing, created or arising.
10.3.3 Unless the PROVIDER's breach is waived by the Department in writing, the CITY
may, by written notice to the PROVIDER, 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.
16
ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1 INDEMNIFICATION. The PROVIDER shall indemnify, hold harmless, and defend the
CITY, its officers, agents, directors, and/or employees, from liabilities, damages, losses,
judgments, and costs, including, but not limited to reasonable attorney's fees, to the extent caused
by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of
PROVIDER and persons employed or utilized by PROVIDER in the performance of this
Agreement. PROVIDER shall, further, hold the CITY, its officials and/or employees, harmless
for, and defend the CITY, its officials and/or employees against, any civil actions, statutory or
similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged
that the CITY, its officials and/or employees were negligent. These indemnifications shall survive
the term of this Agreement. In the event that any action or proceeding is brought against the CITY
by reason of any such claim or demand, the PROVIDER shall, upon written notice from the CITY,
resist and defend such action or proceeding by counsel satisfactory to the CITY. The PROVIDER
expressly understands and agrees that any insurance protection required by this Agreement or
otherwise provided by the PROVIDER shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as
herein provided.
The indemnification provided above shall obligate the PROVIDER to defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at the CITY 's option, any and all claims of liability and all suits and actions of every name and
description which may be brought against the CITY whether performed by the PROVIDER, or
persons employed or utilized by PROVIDER.
This indemnity will survive the cancellation or expiration of the Agreement. This indemnity will
be interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforms to the limitations of §725.06 and/or §725.08, Florida Statutes, as
applicable.
The PROVIDER shall require all sub -contractor agreements, if applicable, to include a provision
that they will indemnify the CITY.
The PROVIDER agrees and recognizes that the CITY shall not be held liable or responsible for
any claims which may result from any actions or omissions of the PROVIDER in which the CITY
participated either through review or concurrence of the PROVIDER's actions. In reviewing,
approving or rejecting any submissions by the RECIPIENT or other acts of the PROVIDER, the
CITY in no way assumes or shares any responsibility or liability of the PROVIDER or Sub -
PROVIDER under this Agreements.
11.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications shall be approved by the Department in
writing.
11.3 OWNERSHIP OF DOCUMENTS. All documents developed by the PROVIDER under
this Agreement shall be delivered to the CITY upon completion of the activities required pursuant
to this Agreement and shall become the property of the CITY, without restriction or limitation on
17
their use if requested by the CITY. The PROVIDER agrees that all documents maintained and
generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes.
It is further understood by and between the parties that any document which is given by the CITY
to the PROVIDER pursuant to this Agreement shall at all times remain the property of the CITY
and shall not be used by the PROVIDER for any other purpose whatsoever without the prior
written consent of the CITY.
11.4 AWARD OF AGREEMENT. The PROVIDER warrants that it has not employed or
retained any person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this
Agreement.
11.5 NON -DEL EGA BILITY. The obligations undertaken by the PROVIDER pursuant to this
Agreement shall not be delegated or assigned to any other person or firm, in whole or in part: (a)
except in accordance with the requirements of Section 7.13 hereof, and (b) without the CITY's
prior written consent which may be granted or withheld in the CITY's sole discretion.
11.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced
according to the laws of the State of Florida.
11.7 CONFLICT OF INTEREST.
11.7.1 The PROVIDER covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with Program funded
activities has any personal financial interest, direct or indirect, in this Agreement.
The PROVIDER further covenants that, in the performance of this Agreement, no
person having such a conflicting interest shall be employed. Any such interest on
the part of the PROVIDER or its employees must be disclosed in writing to the
CITY.
11.7.2 The PROVIDER is aware of the conflict of interest laws of the City of Miami (City
of Miami Code Chapter 2, Article V), Miami -Dade County, Florida (Miami -Dade
County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida
Statutes), as amended, and agrees that it shall comply in all respects with the terms
of the same.
11.8 PROCUREMENT. The PROVIDER shall comply with the standards contained within 2
CFR 200 Subpart D, "Post Federal Award Requirements."
11.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
PROVIDER agrees and understands that the CITY has no obligation to renew this Agreement.
11.10 ENTIRE AGREEMENT. This instrument and its attachments constitute the only
agreement of the parties hereto relating to the Funds and sets forth the rights, duties, and
18
obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
11.11 GENERAL CONDITIONS.
11.11.1 All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by in person delivery or by
registered mail addressed to the other party at the address indicated herein or as
the same may be changed from time to time upon notice in writing. Such notice
shall be deemed given on the day on which personally served, or, if by mail, on
the fifth day after being posted or the date of actual receipt, whichever is earlier.
CITY OF MIAMI
George Mensah, Director
Dept. of Housing and Community Development
14 NE 1st Avenue, 2nd Floor
Miami, FL 33132
With a Copy To:
Office of the City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, FL 33130
Attn: City Attorney
PROVIDER
Catholic Charities of the Archdiocese of
Miami/Myers Center
1505 NE 26 Street
Wilton Manors, FL 33305
11.11.2 Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
11.11.3 In the event of conflict between the terms of this Agreement and any terms or
conditions contained in any attached documents, the terms in this Agreement shall
control.
11.11.4 No waiver of breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
19
11.11.5 Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable under the laws of the State of Florida or the
City of Miami, such provision, paragraph, sentence, word or phrase shall be
deemed modified to the extent necessary in order to conform with such laws, or
if not modifiable to conform with such laws, then same shall be deemed severed,
and in either event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
11.11.6 It is expressly agreed and by this statement specifically intended by the parties
that nothing within this Agreement shall be construed as indicating any intent by
either party to benefit any other entity or person not a party signatory to this
Agreement by any provision or to entitle any such third party to any right of action
on account hereof.
11.11.7 In the event litigation, arbitration, or mediation, between the parties hereto, arises
out of the terms of this Agreement, each party shall be responsible for its own
attorney's fees, costs, charges, and expenses through the conclusion of all
appellate proceedings, and including any final settlement or judgment.
11.11.8This Agreement may be executed in any number of counterparts, each of which so
executed shall be deemed to be an original, and such counterparts shall together
constitute but one and the same Agreement. The parties shall be entitled to sign
and transmit an electronic signature of this Agreement (whether by facsimile,
PDF or other email transmission), which signature shall be binding on the party
whose name is contained therein. Any party providing an electronic signature
agrees to promptly execute and deliver to the other parties an original signed
Agreement upon request.
11.11.9 PROVIDER shall consult with the CITY regarding all uses and displays of the
recognition of the CITY. The CITY shall have the right to approve the form and
placement of all acknowledgements, which approval may be withheld in the
CITY's sole discretion.
11.12 INDEPENDENT CONTRACTOR. The PROVIDER and its employees and agents shall
be deemed to be independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded classified or unclassified employees; further, they shall not be deemed
entitled to the Florida Worker's Compensation benefits as employees of the CITY.
11.13 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
11.14 CERTIFICATION. The PROVIDER certifies that it possesses the legal authority to enter
into this Agreement pursuant to authority that has been duly adopted or passed as an official act of
the PROVIDER's governing body, authorizing the execution of this Agreement, including all
20
understandings and assurances contained herein, and directing and authorizing the person
identified as the official representative of the PROVIDER to act in connection with this Agreement
and to provide such information as may be required.
11.15 WAIVER OF JURY TRIAL. Neither the PROVIDER, nor any assignee, successor, heir or
personal representative of the PROVIDER, nor any other person or entity, shall seek a jury trial in
any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out
of any of the Agreement and/or any modifications, or the dealings or the relationship between or
among such persons or entities, or any of them. Neither the PROVIDER, nor any other person or
entity will seek to consolidate any such action in which a jury trial has been waived with any other
action. The provisions of this paragraph have been fully discussed by the parties hereto, and the
provisions hereof shall be subject to no exceptions. No party to this Agreement has in any manner
agreed with or represented to any other party that the provisions of this paragraph will not be fully
enforced in all instances.
11.16 CLOSE-OUT. When the CITY determines that all required work under the Agreement has
been completed or upon the expiration or termination of the PROVIDER Agreement, the CITY
shall require the PROVIDER to provide final versions of all financial, performance, and other
reports. These reports may include, but are not limited to:
• A final performance or progress report.
• A financial status report.
• A final request for payment.
11.17 COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
executed in any number of counterparts, each of which so executed shall be deemed to be an
original, and such counterparts shall together constitute but one and the same Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be binding on the party whose
name is contained therein. Any party providing an electronic signature agrees to promptly execute
and deliver to the other parties an original signed Agreement upon request.
Remainder of page intentionally left blank. Signatures on the next page.
21
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by
their respective officials thereunto duly authorized on the date above written.
AUTHORIZED REPRESENTATIVE:
Name:pevikq v4Vor%
c•2(a2.OZ3
Date:
Title: Chi-P I;dmiYiI 1.d'c 1I VQ.O-Piter
CITY OF MIAMI, a municipal
Corporation of the State of Florida
PROVIDER
Catholic Charities of the Archdiocese of
Miami/Myers Center
1505 NE 26 Street
Wilton Manors, FL 33305
a Florida not -for -profit corporation
ATTEST:
Name: Quo‘.-t„ CS1,411A1) Date: to 3 i2b l2
Title: Sense) 4-k . . Re.'ces G—ie Ner: -
Corporate Seal:
ATTES
DocuSigned by:
_''II r—DocuSigned by:
1r&,Itp' INonur, ivember 21, 2023 I 09:53:31 EE
850CF6C372DD42A
Arthur Noriega V.
City Manager
Date:
E46D7560DCF1459...
t►1tiY pd NICOLE M CASTILLO SORIANO
Notary Pubik - State of Florida
Commission # NH 239655
My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn.
DocuSigned by:
i oaa ts. Hannon
City Clerk
2, 2023 1 18:22:01 EST
Date:
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS
CORRECTNESS:
DocuSigned by: DocuSigned by:
�Fr wvNovember 3, 2023 1 12:39:30 EE 41-v-a. i9Y er 20, 2023 1 11:22:01 EST
27395C6318214E7... F1EF90AF6FE0457...
Ann -Marie Sharpe Date: Victoria Mendez Date:
Risk Management City Attorney RP #23-2756
22
CATHOLIC CHARITIES
Of the Archdiocese of Miami, Inc.
Board of Directors
Resolution No. 2013 06-15
BE IT RESOLVED that the Board of Directors of Catholic Charities of the
Archdiocese of Miami, Inc., officially duly records and authorizes the
Chief Administrative Officer, Deoranie (Devika) Austin to sign bank
documents including, but not limited to, disbursements by check, and
authorizes her registration as a signatory on all agency bank accounts.
Also authorizes signatories on applications and/or contracts and other
documents during the absence of the Chief Executive Officer.
NOW THEREFORE
BE IT RESOLVED that the Board of Directors of Catholic Charities of the
Archdiocese of Miami, Inc., officially designates Chief Administrative
Officer, Deoranie (Devika) Austin to sign bank documents including, but
not limited to, disbursements by check, and authorizes her registration as a
signatory on all agency bank accounts. Also officially designates
Deoranie (Devika) Austin to sign applications and/or contracts and other
documents during the absence of the Chief Executive Officer.
Adopted this 3i'&4. day of ST �� _ , 2013, by the Board of
Directors of Catholic Charities of the Aichdiocese of Miami, Inc, in Miami, Miami -Dade
County, Florida.
Chairman of ilioard
SEAL
City of Miami
Resolution R-23-0328
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14193
Final Action Date: 7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ALLOCATING AN AMOUNT NOT TO EXCEED $509,280.80 IN AMERICAN
RESCUE PLAN FUNDS TO THE AGENCIES SPECIFIED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR ELDERLY MEALS, SUBJECT TO
ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF
SUCH FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, SUBJECT
TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE
OF SUCH FUNDS, AND ALL IN FORMS ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE.
WHEREAS, on September 13, 2021, pursuant to Resolution No. R-21-0352, the City of
Miami ("City") Commission approved the allocation of American Rescue Plan ("ARP") funds in
the amount of $137,639,417.00, which included an amount of $15,500,000.00 to the
Department of Housing and Community Development ("Department"); and
WHEREAS, the allocation to the Department included an amount of $1,500,000.00 to
provide for elderly meals and an amount of $500,000.00 to provide for child care assistance to
the low -moderate income residents in the City negatively affected by the Novel Coronavirus
("COVID-19") pandemic; and
WHEREAS, the Department wishes to allocate and appropriate the remainder of the
funds received for elderly meals to the agencies as specified in Exhibit "A," attached and
incorporated, to provide additional support to a population that has been particularly negatively
affected by COVID-19 pandemic; and
WHEREAS, the City's Administration recommends the allocation and appropriation of
the remainder of funds in the amount not to exceed $509,280.80 in ARP funds to the agencies
for public service activities as specified in Exhibit "A," attached and incorporated, subject to all
federal, state, and local laws that regulate the use of such funds for said purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The allocation and appropriation the remainder of ARP funds in the amount
not to exceed $509,280.80 to the agencies for public service activities as described in Exhibit
"A," attached and incorporated, subject to all federal, state, and local laws that regulate the use
of such funds for said purpose, is authorized.'
City of Miami Page 1 of 2 File ID: 14193 (Revision:) Printed On: 7/31/2023
File ID: 14193
Enactment Number: R-23-0328
Section 3. The City Manager is authorized' to negotiate and execute any and all
necessary documents, including amendments, extensions, and modifications, all in forms
acceptable to the City Attorney, subject to all federal, state, and local laws that regulate the use
of such funds for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
7/12/2023
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 2 of 2 File ID: 14193 (Revision:) Printed on: 7/31/2023
City of Miami
Department of Housing and Community Development
American Rescue Plan Act Funding Allocation FY2023
Exhibit "A"
AMERICAN RESCUE PLAN ACT (ARPA) FUNDING FY2023
Agency Description of Services
I
Allapattah Community Action, Inc.
Catholic Charities of the Archdiocese of Miami, Inc. -
Myers Center
De Hostos Senior Center, Inc.
Josefa Perez de Castano Kidney Foundation, Inc.
Sunshine for All, Inc.
Elderly Meals
Elderly Meals
Elderly Meals
Elderly Meals
Elderly Meals
ARPA Funding FY2023
217,548.00
50, 500.00
156,232.80
25,000.00
60, 000.00
Total Allocation:
509,280.80
EXHIBIT B — WORK PROGRAM
ELDERLY SERVICES
National Objective:
1. SUBRECIPIENT understands that the National Objective for this activity is assistance
to low to moderate income persons by serving a limited clientele as defined in 24 CFR
570.208(a)(2) and that the HUD matrix code associated with this activity is 05A (Senior
Services).
Scope of Services:
1. SUBRECIPIENT will provide Elderly meals and related services to eligible program
participants from October 1, 2023 through September 30, 2024 with funding from the
2023-24 American Rescue Plan Program Year.
2. SUBRECIPIENT will provide 750 Congregate Meals and/or 0 Homebound Meals
a. Congregate Meals Program: Provide a nutritionally balanced meal, Monday
through Friday, to
90 eligible participants, at the following location(s):
Address: Catholic Charities of the Archdiocese of Miami/Myers Center
450 SW 5 Street
Miami, FL 33130
b. Homebound Meals Program: Ensure delivery of a nutritionally balanced hot meal,
Monday through Friday, to 0 eligible participants at their home address.
Other tasks to be performed by the SUBRECIPIENT in connection with the provision of meals
and related services include, but are not limited to, the following:
3. Perform eligibility determination:
A. Only elderly individuals meeting the following criteria will be considered eligible
program participants:
a. Must be a resident of the City of Miami
b. Must be a member of a low -to moderate income household
c. Must be at least 62 years of age
B. SUBRECIPIENT must keep in file proof of the information listed below
demonstrating that each program participant is eligible to receive program benefits:
a. Proof of living in the City of Miami
b. Proof of income
c. Proof of age
SUBRECIPIENT may replace program participants who stop receiving program
benefits by providing the information required in items 3.a and b for the new
participant. SUBRECIPIENT will not invoice the CITY until the proposed
participant is certified as eligible by the CITY.
4. At all times, maintain facilities in conformance with all applicable codes, licensing, and other
requirements for the operation of an elderly center and/or provision of meals. The facilities
must be handicapped accessible.
5. Procure meals in a manner that provides, to the maximum extent, practical, open and free
competition and in compliance with 24 CFR 84.40-48.
6. As part of the congregate meal program, provide a range of structured social and cultural
activities.
7. As part of the homebound meal program, ensure that meals are delivered in a timely manner.
8. Maintain program and financial records documenting the eligibility, attendance, provision of
services, and SUBRECIPIENT expenses relative to the elderly individuals receiving meals
services as a result of the assistance provided through the CDBG program.
9. SUBRECIPIENT will provide the following program reports to the City:
a. A monthly report for the services provided to eligible participants in a form provided by
the CITY. This report must include the date range when services were provided, the name
of the client(s), the last five digits of the client's social security number and the number of
days served. This form must be signed by the Program Manager and Executive Director.
b. A final Close -Out (financial report) and inventory report.
c. A final performance report.
AUTHORIZED SIGNATURE:
9. ZR.1o2
Name: Date
STATE OF FlOhda
COUNTY OF rr1COI. b0.dt
The foregoing instrument was acknowledged before me by means of },physical presence or
online notarization, this G 12-SS 12023 (date) by DI'Vl wee. (rvz.4h n (name of
officer or agent, title of officer or agent) of Catholic Charities of the Archdiocese of Miami, Inc. (name of
corporation), a Florida (state or place of incorporation) corporation, on behalf of the
corporation. He/she is personally known to me or has produced
(type of identification) as identification.
Notary Seal
ll 'T,yror NICOLE M CASTILLO SORIANO
' `F\. Notary Public - State of Florida 0
'a j< Commission 8 HH 239655
' c f+.' / My Comm. Expires Mar 13, 2026 P
Bonded through National Notary Assn.
Notary Signaiu
EXHIBIT C
COMPENSATION AND BUDGET
A. The maximum compensation under this Agreement shall be $50,500.00.
B. SUBRECIPIENT's Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries
Schedule are attached hereto and made part of this Agreement.
C. Requests for payment should be made at least on a monthly basis. Reimbursement requests
should be submitted to the CITY within thirty (30) calendar days after the indebtedness has
been incurred in a form provided by the Department. Failure to comply with these time frames
for requesting reimbursement/payment may result in the rejection of those invoices within the
reimbursement package which do not meet these requirements.
D. Each written request for payment shall contain a statement declaring and affirming that
services described in Exhibit B Scope of Services were provided to certified program
participants and in accordance with the approved Work Program and Program Budget. All
documentation in support of each request shall be subject to review and approval by the CITY
at the time the request is made.
E. All expenditures must be verified with a copy of the original invoice and a copy of a check or
other form of payment which was used to pay that specific invoice. Within 60 days of
submitting each reimbursement request, copies of the cancelled checks or other CITY
approved documents evidencing the payments by the SUBRECIPIENT, for which
reimbursement was requested, shall be submitted. In the event that an invoice is paid by
various funding sources, the copy of the invoice must indicate the exact amount (allocation)
paid by various funding sources equaling the total of the invoice. No miscellaneous categories
shall be accepted as a line -item budget.
F. The 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.
G. 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.
H. During the term, hereof and for a period of five (5) years following the date of the last payment
made hereunder, the CITY shall have the right to review and audit the time records and related
records of the SUBRECIPIENT pertaining to any payments by the CITY.
Authorized Representative Signature:
Name:
Title:
q•Z8•?o23
Date
BUDGET FORM I
CITY OF MIAMI
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT
AGENCY:
PERIOD
FUNDING SOURCE
BUDGET NARRATIVE BY LINE ITEM
Catholic Charities of the Archdiocese of Miami/Myers Center
October 1, 2023 through September 30, 2024
City of Miami ARPA
ITEM
DESCRIPTION
AMOUNT
Salaries
Cost of one Site Coordinator at 100%, one Case Manager and one Admin Assistant at 3%
$ 39,245.44
Payroll taxes and Fringe Benefits
Payroll taxes and Fringe benefits associated to the positions.
6,348.70
Garbage and Janitorial Services
Cost of Waste Management and Janitorial Services.
215.00
Travel
Local Travel Reimbursement for staff
$ 100.00
Administrative Overhead Cost
10% Administrative Cost.
$ 4,590.91
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF SALARY FORECAST
AGENCY: Catholic Charities of the Archdiocese of Miami/Myers Center
BUDGET FORM II
PERIOD COVERING: 10/01/2023 through 09/30/2024
Employee Name
Position Title
Social
Security
Ethnicity
Type of
Employee
Pt/Ft
Period
Budgeted
Pav Periods
Annual
Gross
Salary
Total Salary
Per Pav Period
Percent of
Salary
Charged to City
Total Amount
Charged to
City
Gil Laura
Administrative Assistant
F
24
Bi-Monthly
$ 37,024.00
$ 1,542.67
3%
$ 1,110.72
Almeida Juan
Case Manager
F
24
Bi-Monthly
$ 37,024.00
$ 1,542.67
3%
$ 1,110.72
Sarmiento Carmen
Site Coordinator
F
24
Bi-Monthly
$ 37,024.00
$ 1,542.67
100%
$ 37,024.00
$ 39,245 44
COST ALLOCATION PLAN
AGENCY: Catholic Charities of the Archdiocese of Miami/Myers
BUDGET FORM III
1 OF 2
Period Being Cost Allocated: 10/01/2023 through 09/30/2024
Effective Date
Line -Item Description
%
ARPA
%
%
%
%
Total
101 STAFF SALARIES
100%
$ 39,245
0%
$
0%
$ -
0%
$
100%
$ 39,245
200 STAFF MICA
100 %
$ 569
0%
$ -
0°%
$ -
0%
$ _
100%
$ 569
201 STAFF FICA
100%
$ 2,433
0%
$ -
0%
$
0%
$ -
100%
$ 2,433
202 STAFF WORKERS COMP
100%
$ 390
0%
$ -
0%
$ -
0%
$ -
100%
$ 390
203 STAFF UNEMPLOYMENT
100%
$ 401
0%
$ -
0%
$
0%
$ -
1o0%
$ 401
204 STAFF GROUP HEALTH INS.
100%
$ 403
0%
$ -
0%
$ -
0%
$ -
10o%
$ 403
206 RETIREMENT STAFF
100%
$ 2,153
0%
$ -
0%
$ -
0%
$ -
100%
$ 2,153
250 PROFESSIONAL SERVICES
0%
$ -
0%
$ -
0%
$
0%
$ -
0%
$
252 AUDIT COST
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$
260 SPECIAL
0%
$
0%
$ -
0%
$ -
0%
$
0%
$ -
261 TEMPORARY STAFF
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$ -
270 INDIRECT COST
100%
$ 4,591
0%
$ -
0%
$ -
0%
$ -
100%
$ 4,591
300 DIR. PUB. OFF. BOND
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$ -
301 GEN LIABILITY INS.
0%
$ -
0%
0%
$ -
0%
$ -
0%
$
302 AUTO LIABILITY
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
303 BONDING
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
304 OTHER INSURANCE
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
350 TELEPHONE
0%
$ -
0%
0%
$
0%
$ -
0%
$ -
360 ELECTRICAL SRVS.
0%
$ -
0%
0%
5 -
0%
$ -
0%
$ -
370 GARBAGE
100%
$ 215
0%
0%
$ -
0%
$ -
100%
$ 215
380 WATER & SEWER
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
400 EQUIPMENT REPAIR
0%
$ -
0%
0%
$ -
0%
5 -
00%
$
410 EQUIPMENT MAINT.
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
411 BLDG. MAINTENANCE
0%
$ -
0%
0%
$ -
0%
$
0%
$ -
415 CONF. & PROF. MTNG.
0%
$ -
0%
0%
$
0%
$ -
0%
$ -
420 CONTRACTUAL MAINT.
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ '
421 MAINT. VEHICLE
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
422 OPERATIONAL MAINT.
0%
$ -
0%
0%
$ -
0%
$ -
0%
$ -
VEHICLE (GASOLINE)
$ _
$ -
$ -
$ -
COST ALLOCATION PLAN
AGENCY: Catholic Charities of the Archdiocese of Miami, Inc /Myers Senior Center
BUDGET FORM III
2 OF 2
Effective Date
Line -Item Description
i°
%
%
%
%
Total
450 EQUIPMENT RENTAL
o%
$ •
0%
$ -
0%
$ -
0%
$ -
0°%
$
460 SPACE RENTAL
0%
$ -
0°/a
$ -
0%
$ -
0%
$
0%
$ -
501 POSTAGE
0%
$ -
0%
$ -
0%
$ -
0%
$
0%
$
502 PRINTING OUTSIDE
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0°0
$ -
503 PUBLICATIONS
0%
$ -
0%
$ -
0%
$
0%
$
0%
$
504 ADVERTISING
0%,
ci
0%
$ -
0%
$ -
0%
¢ -
0%
g -
507 MEMBERSHIP
0%
$ •
0%
$ -
0%
$ -
0%
$
0%
$
510 LOCAL TRAVEL
100%
$ 100
0%
$ -
0%
$ -
0%
$
100%
$ 100
511 OUT OF TOWN TRAVEL
0%
$ _
0%
$ -
O°Z
$ -
0°/,
$ -
0%
$ -
513 PKNG M RAIL --STAFF
0%
$ -
0%
$ -
0%
$
0%
S -
0%
$
520 PRINTING REPRO.
Q0
te -
0%
$ '
09/o
$
0%
$ -
Q%
$
SUPPLIES
0%
s
0°4
$ -
0%
$
0%
$ -
0°.
$ -
521 OFFICE SUP STAFF
0°%
$ -
0%
$ -
0%
S -
0°%
$ -
0°%
$
522 TRAINING SUPPLIES
0%
$ -
0%
$ -
0%
s -
0%
$ _
0%
g -
524 SPEC SUP (SFETC)
0%
$ -
0%
$
0°%
g -
0%
a -
0°/
5 -
525 EXPENDABLE TOOL
0%
$
0%
S -
0%
s -
0%
$ -
0%
$
SUPPLIES (SFETC)
0%
4 -
0%
5 -
0%
s -
0%
$ -
0%
$
526 COMPUTER SUPPLIES
0%
q -
0%
$
0%
S _
0%
$
0%
$ -
527 SUPPORTIVE SERVICE
r 0%
$ -
0%
S -
0%
$ -
0%
$ -
0%
$
528 CHILD CARE/SUPP
0%
$ -
0%
$ -
0%
g -
0%
$ .
0%
$ -
_
SERVICES
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$ -
542 TUITION & BOOKS
0%$
-
0%
$ -
0%
s -
0%
$ -
0%
$
500 O/T WAGES
0%
$ -
0%
$ -
0°%
4 -
0%
$ -
0%
$ -
(PARTICIPANT)
0%
S _
0%
$
0%
S -
0%
$ -
0°%
$ -
900 CAPITAL OUTLAY EQUIP.
0°%
S -
0%
$ -
0°%
$ -
0°%
$ -
0°%
$ -
901 OFFICE FURNITURE
0%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$ -
(BELOW $500 00)
0°%
$ -
0%
$ -
0°/
$ -
0%
$ -
0%
$ -
902 SOFTWARE
0°%
$ -
0%
$ -
0%
$ -
0%
$ -
0%
$ -
902 SOFTWARE
0%
$
0%
$ -
0%
$ -
0%
$ -
0%
$ -
TOTAL
$ 50.500
$ -
5 '
$ -
$ 50,500
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid, or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of an
agency a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) This undersigned shall require that the language of this certification be included in the
award documents for "All" sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify
and disclose accordingly.
* Note: In these instances, "All" in the Final Rule is expected to be clarified to show that it applies
to cover Contract/grant transactions over $100,000 (per QMB).
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a pre -requisite for making
or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Authorized Representative Signature:
Print ame: \ca. - in
Title: Clri‘e,e Mt* Hk throaivt, OpieliCer
Zg.iaZ3
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑
online notarization, this Z.g day of `'j?f%YY1toe r 20 23 by
Devc1[A PttraiA n of CoMt01t C OntartVte oF.44u Acendlvcgbe, of fq%c r;i i1nC,
a (Ion Atorop; } corporation, on behalf of the corporation. He/she is personally known to,
me or has produced as identification.
6
.a
[Notary Seal]:
NICOLE M CASTILLO SORIANO
Notary Public - State of Florida
Commission a NH 239655
ry?;or n° My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn.
Signature o Nola
EXHIBIT E
CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER
RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS
1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency.
b. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgement rendered against them for commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State, or local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or falsification
or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph 1.b of this certification; and
d. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause or
default.
2. Where the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall submit an explanation to the City
of Miami.
Authorized Representative Signature:
Print Name: D2.t/11Ga. AVM rl
Title: C tep firrlt n�5 r cte ie, OCriceX
i8•7073
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of ® physical presence or ❑
online notarization, this Zit day of Sr pf ej lLbe v 20 2,:b by
Devt io. 11 .u5'B n of Ca,�4hM1 c Chat' cVies 04-4-kko Axehacoceac or na►4 Inc-
a 00A ,4910F4t' corporation, on behalf of the corporation. He/she is pers_onally known In
r has produced as identification.
[Notary Seal]:
NICOLE M CASTILLO SORIANO
Notary Public • State of Florida
Commission # NH 239655
o ' My Comm. Expires Mar 13, 2026
Bonded through National Notary Assn.
Signature o
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 Devika Austin, Chief Administrative Officer
for
(Print this individual's name and title)
Catholic Charities of the Archdiocese of Miami, Inc.
(Print name of entity submitting statements)
whose business address is 1505 NE 26TH STREET, WILTON MANORS, FL 33305
and if applicable is Federal Employer Identification Number (FEIN) is 59-127-9497
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).
X 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 Signature:
Print Name: Devil( q Awl.;r
Title: (I hi e- iAMi_if] jsly ii&z -o 4t er
R. Z$.?o23
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of IN physical presence or ❑
online notarization. this 2�5 day of bt�}-YY1�Oer 20 ?.2) by
t V \V(cL iAo1-1 n
of Catholic Charities of the Archdiocese of Miami, Inc.
a FLORIDA v r v,COi i corporation, on behalf of the corporation. He/she is personally known to
.me or has produced as identificatio
[Notary Seal]:
NICOLE A CASTILLO SORIANO
Notary Public • State of Florida
Commission S HN 239 55624
bonded through M Comm. Expires Aa Assn.
qf!`Y h Naticmat Notary
"'
Signature
Exhibit G
INSURANCE REQUIREMENTS
PUBLIC SERVICE AND ECONOMIC
DEVELOPMENT PROGRAMS FOR
HOUSING & COMMUNITY DEVELOPMENT
I. 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 $250,000
Policy Aggregate $250,000
V. Certificate Holder Information should be listed as the following:
City of Miami
444 SW 2°' Avenue
Miami, FL 33130
'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO
SOLICIT ADDITIONAL INSURANCE COVERAGE AS MAY BE 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.
�,N
A�Ra CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DD/YYYY)
04/05/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. 11
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Aon Risk Services, Inc of Florida
1001 Brickell Bay Drive
Suite 1100
Miami FL 33131 USA
CONTACT
NAME:
PHONE (866) 283-7122 FAX (800) 363-0105
(Ac.No.Ext): (A/C.No.):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED
Catholic Charities of The Archdiocese
of Miami
1505 NE 26th Street
Wilton Manors FL 33305 USA
INSURER A: Safety National Casualty Corp
15105
INSURER B: Fortegra Specialty Insurance Company
16823
INSURER C: Lloyd's Syndicate No. 2987
AA1128987
INSURER D:
INSURER E:
INSURER F:
Holder Identifier :
COVERAGES
CERTIFICATE NUMBER: 570098923124
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested
INSR
L/IR
TYPE OF INSURANCE
AWL
INSD
SUBR
WWI,
POLICY NUMBER
POLICY EFF
`Mw!O YVYi
POLICY EXP
MMiDO!YYYY)
LIMITS
X
COMMERCIAL GENERAL LIABILITY
BP1027423
04/01/2023
04/01/2024
EACH OCCURRENCE
$2,250,000
CLAIMS -MADE X OCCUR
SIR applies per policy terms
& conditions
DAMAL,ETO RENTED
PREMISES (Ea occurrence)
$2,250,000
X
SIR $250,000
MED EXP (Any one person)
Excl uded
PERSONAL & ADV INJURY
$2,250,000
GENT
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$2,250,000
X
--(I
PRO-
I POLICY T ❑ LOC
PRODUCTS -COMP/OP AGG
$2,250,000
OTHER:
Agg, Ali Coverages
$2,250,000
C
AUTOMOBILE LIABILITY
BP1027423
Limits Shared With GL
04/01/2023
04/01/2024
COMBINED SINGLE LIMIT
(Eaenciden0
$2,250,000
_
X
ANY AUTO
SIR applies per policy terms
& condi
:ions
BODILY INJURY ( Per person)
OWNED
—
SCHEDULED
AUTOS
BODILY INJURY (Per accident)
—
AUTOS ONLY
HIRED AUTOS
ONLY
NON -OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Por accident)
_
Self -Insured Retention
$ 2 50 , 000
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
DED I (RETENTION
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ABL100004302
$300
04/01/2023
04/01/2024
PER STATUTE
X
OTH -
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER
Y/N
N
•
N/A
Retention ,000 Ea. Oc
SIR applies per policy terms
& conditions
EL EACH ACCIDENT
$450,000
EXCLUDED?
(Mandatory in NH)
II describe
E.L. DISEASE -EA EMPLOYEE
$450, 000
yes, under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$450, 000
A
Excess workers Compensation
5P4066453
Ex WC statutory Limits
SIR applies per policy terms
04/01/2023
& condi*.ions
04/01/2024
EL Max. Per Occ.
SIR Per Occ.
81,000,000
$750,000!
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 01, Additional Remarks Schedule, may be attached it more space is required)
City of Miami is included as Additional Insured in accordance with the policy provisions of the General Liability policy.
General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available to Additional Insured,
but only in accordance with the policy's provisions.
CERTIFICATE HOLDER
City of Miami
444 SW 2nd Ave.
Miami FL 33137 USA
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
� � �s r ✓9ora 3744 s
570098923124
Certificate No
ACORD 25 (2016/03)
Q1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
EXHIBIT H
PROGRAMMATIC REPORTING REQUIREMENTS
Compliance must be ensured with the following:
State and Local Fiscal Recovery Funds — Compliance and Reporting Guidance, dated February
28, 2022 — Version 3.0 (and any future updates and revisions)
SLFRF Compliance and Reporting Guidance (treasury.gov)
https://home. treasury. gov/system/files/136/SLF RF -C ompl i ance-and-Reporting-Gui dance .pdf
Throughout the term of this Agreement, the SUBRECIPIENT shall submit to the CITY a quarterly
report, in a form and in a manner acceptable to the CITY in its sole and absolute discretion, on the
5th day of the month that follows the end of a calendar quarter (i.e., January 5, April 5, July 5,
October 5). Upon the end of the term of this Agreement, the SUBRECIPIENT understands that
they are required to submit to the CITY a final quarterly report on the 5th day of the month that
follows the end of the quarter the term of the Agreement ended.
Quarterly reports should be submitted to the CITY via email to arpareporting@miamigov.com
on the form template provided by the CITY. A copy of the reporting form templates are available
upon request.
Olivera, Rosemary
From: Galo, Monica
Sent: Monday, December 18, 2023 10:57 AM
To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd; Pereira, Raymond
Subject: Executed Agreement - CCA/Myers Senior Center ARPA $50500
Attachments: CCA-Myers ARPA Agreement FY 23-24 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