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24885
AGREEMENT INFORMATION AGREEMENT NUMBER 24885 NAME/TYPE OF AGREEMENT ARTISTIC AWAKENINGS, INC DESCRIPTION FUNDING AGREEMENT/SENIOR/YOUTH ART PROGRAM/FILE ID: 13789/0-14165 EFFECTIVE DATE March 15, 2024 ATTESTED BY NICOLE EWAN ATTESTED DATE 3/20/2024 DATE RECEIVED FROM ISSUING DEPT. 3/22/2024 NOTE DOCUSIGN AGREEMENT BY EMAIL CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Management & Budget DEPT. CONTACT PERSON: Gabriel Brito EXT. 305-416-1203 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Artistic Awakenings! Inc. (MFE) IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO TOTAL CONTRACT AMOUNT: $20,000.00 FUNDING INVOLVED? ® YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ® GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY): MIAMI FOR EVERYONE GRANT AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Approval of the Miami For Everyone Grant Agreement with Artistic Awakenings, Inc. (District 5 project) in order to provide arts programming to low income residents ages 55+. The organization will provide meals, arts and crafts sessions, civic education, health news, and nutritional guidance to seniors. COMMISSION APPROVAL DATE: 4/27/2023 FILE ID:13789 ENACTMENT NO.:14165 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR March 15, 2024 I 12:27:57 EDT PRINT: MARIE SIGNATURE: "MAGGIE" GOUIN �DocuSignetl by: - SUBMITTED TO RISK MANAGEMENT March 15, 2024 I 13:04:15 EDT PRINT: ANN-MARIE SIGNATURE: PRINT: VICTORRl SIGNATURE: SHARPE �DocuSfgnetl by: Fratnk atwtc,ftj SUBMITTED TO CITY ATTORNEY Aaqh 18, 2024 I 09:45:51 EDTMarch 18, 2024 I 22:27:02 EDT EZ �DocuSignetl by: 77-- RECEIVED BY CFO/ ASSISTANT CITY MANAGER March 19, 2024 I 08:48:52 EDT PRINT: LARRIF SIGNATURE: ' 1 F657 rDocuSignedby: (Aril ''� APPROVAL BY CITY MANAGER March 19, 2024 I 11:18:47 EDT PRINT: ARTHUR SIGNATURE: ASP NORIEGA V. p DocuSignetl by: QV NDri �gSgrFar3 ATTESTED BY CITY CLERK March 20, 2024 I 08:46:20 EDT PRINT: TODD SIGNATURE: ..J.Dq.. B. HANNON ,DocuSignetl by: �f11F9dZ1.43] fld] PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami MFE Funding Agreement CITY OF MIAMI MIAMI FOR EVERYONE FUNDING AGREEMENT This MIAMI FOR EVERYONE AGREEMENT ("Agreement") is entered into this 15th MARCH 24 day of , 20 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and ARTISTIC AWAKENINGS, INC , a Florida not for profit corporation, located at 3550 BISCAYNE BLVD. SUITE 304, MIAMI FL 33137 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Miami For Everyone ("MFE") Program to assist communities facing the long-tettu complications resulting from declared emergencies and to address the specific needs of the most vulnerable residents and businesses, through a strategy of focusing the provision of support towards priority areas of need that will further stabilize economic conditions within City Districts; and WHEREAS, the RECIPIENT submitted a Request for MFE Funding to the City for a total of TWENTY THOUSAND and ZERO CENTS ($20,000.00); and WHEREAS, the CITY adopted Ordinance 14165 on April 27, 2023, wherein the CITY amended CHAPTER 18/ARTICLE III/SECTION 18-72 of the Code of the CITY titled "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," by amending section 18-72(b) to exclude from the requirements of the City of Miami Procurement Ordinance the Miami For Everyone Program and related advertising, attached and incorporated as Exhibit "A", as applicable; and WHEREAS, the CITY agrees to enter into this Agreement with the RECIPIENT to set forth the terms and conditions relating to the use of the Funds by the RECIPIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on March 12th, 2024 and shall continue until January 10th 2025. { City of Miami MFE Funding Agreement 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECEIPIENT'S compliance with all of its obligations hereunder, the CITY hereby agrees to make available to the RECIPIENT the Funds to be used for the purpose(s), program(s), initiative(s), and activity(ies) (as defined in Exhibit "B"), and as disbursed in the manner hereinafter provided. 4. USE OF FUNDS: The Funds shall be used by the RECIPIENT as described in the Scope of Work, attached and incorporated herein as Exhibit "B" and the Budget, attached and incorporated herein as Exhibit "C" submitted by the RECIPIENT to the CITY. DISBURSEMENT OF FUNDS: A. The CITY shall provide Funds to the RECIPIENT in the not to exceed amount of TWENTY THOUSAND AND ZERO CENTS ($20,000.00). B. Payment shall be made in accordance with the schedule as set forth in Composite Exhibit "D". C. The RECIPIENT shall provide the CITY with a City of Miami Request for Payment Foini attached and incorporated as Composite Exhibit "D" prior to any disbursement of funds by the CITY. Prior to any disbursement of funds by the CITY the RECIPIENT will need to provide a valid and executed W9 form and completed City of Miami Supplier Direct Deposit (ACH) Authorization Form, as applicable. D. The RECIPIENT shall provide the CITY a Close -Out Report, in similar format as Exhibit "F", at the end of the program, summarizing the services, programs and/or activities described in the Scope of Work as Exhibit "B" and included in the Budget as Exhibit "C". 5. COMPLIANCE WITH POLICIES AND PROCEDURES: RECIPIENT understands that the use of the Funds is subject to specific reporting, record keeping, administrative and contracting guidelines, audit, and other requirements affecting the activities being funded by the MFE Funds for the Scope of Work. RECIPIENT covenants and agrees to comply with such requirements and represents and warrants to the CITY that the Funds shall be used in accordance with all of the requirements, terms and conditions contained therein, as the same may be amended during the team hereof. Without limiting the foregoing, RECIPIENT represents and warrants that it will comply with, and the Funds will be used in accordance with, all applicable federal, state, and local codes, laws, rules and regulations. 6. RECORDS. INSPECTIONS. REPORTS/AUDITS AND EVALUATION: To the extent required by law, the Inspection and Audit provisions set forth in Sections 18-101 and 18- 102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being City of Miami MFE Funding Agreement incorporated by reference herein and additionally apply to this Agreement. The CITY shall have the right to conduct audits of RECIPIENT'S records pertaining to the Funds and at reasonable times, and for a period of up to three (3) years following the teimination of this Agreement, audit, or cause to be audited, those books and records of the RECIPIENT which are related to RECIPIENT'S performance under this Agreement. RECIPIENT agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. The CITY may also, and the RECIPIENT shall permit, the CITY and other persons duly authorized by the CITY to inspect all Agreement records, facilities, goods, and activities of the RECIPIENT 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 RECIPIENT as requested by the CITY. At the request of the CITY, the RECIPIENT shall transmit to the CITY written statements of the RECIPIENT's official policies on specified issues relating to the RECIPIENT's activities. RECIPIENT understands, acknowledges, and agrees that: a) The CITY must meet certain record keeping and reporting requirements regarding the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements, RECIPIENT shall maintain all records as required by the CITY; and b) At the CITY's request, and no later than thirty (30) days thereafter, RECIPIENT shall deliver to the CITY such reports and written statements relating to the use of the Funds as the CITY may require from time to time; and c) All costs and expenses of the activities described in Exhibit "C" shall be at actual cost with no markups; and d) RECIPIENT'S failure to comply with these requirements or the receipt or discovery (by monitoring, evaluation, or audit) by the CITY of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate teiniination of this Agreement by the CITY and the immediate reimbursement to the CITY of any and all funds or amounts disbursed pursuant to this Agreement. RECIPIENT represents and warrants to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned to perform the Scope of Work are and shall be, at all times during the term hereof, fully qualified City of Miami MFE Funding Agreement and trained to perform the tasks assigned to each. Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT: RECIPIENT represents and warrants to the CITY that it has not employed or retained any person or company 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 any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 8. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: RECIPIENT understands that agreements between private entities and local governments are subject to certain laws, codes, rules and regulations, including, without limitation, laws pertaining to public records, conflict of interest, record keeping, etc. The Parties agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 9. INDEMNIFICATION: RECIPIENT shall indemnify, defend and hold harmless the CITY and its officials, employees (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of RECIPIENT or its employees or subcontractors (collectively referred to as "RECIPIENT") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of any of them, or (ii) the failure of the RECIPIENT to comply materially with any of the requirements herein, or the failure of the RECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement even if it is alleged that the CITY, its officials and/or employees were negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless the Indemnitees, or any of them, from and against all liabilities which may be asserted by an employee or former employee of RECIPIENT, or any of its subcontractors, as provided above, for which the RECIPIENT's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. RECIPIENT further agrees to indemnify, defend and hold handless the Indemnitees from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, City of Miami MFE Funding Agreement related directly to RECIP1ENT's negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii) any and all claims, and/or suits for labor and materials furnished by RECIPIENT or utilized in the performance of this Agreement or otherwise. This provision shall survive the termination or expiration of this Agreement, as applicable. RECIPIENT understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by the RECIPIENT throughout the duration of this Agreement and that this provision shall survive the termination or expiration of this Agreement, as applicable. 10. REVERSION OF ASSETS: Upon the expiration, termination, or cancellation of this Agreement, any unspent MFE Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused MFE Grant funds at the time of such expiration, termination, or cancellation. 11. DEFAULT: If RECIPIENT fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then RECIPIENT shall be in default. Upon the occurrence of a default hereunder the CITY, in addition to all remedies available to it by law, may immediately, upon written notice to RECIPIENT, terminate this Agreement whereupon all payments, advances, or other compensation paid by the CITY to RECIPIENT while RECIPIENT was in default shall be immediately returned to the CITY. RECIPIENT understands and agrees that termination of this Agreement under this section shall not release RECIPIENT from any obligation accruing prior to the effective date of termination. Should RECIPIENT be unable or unwilling to commence to perfoini the Services within the time provided or contemplated herein, then, in addition to the foregoing, RECIPIENT shall be liable to the CITY for all expenses incurred by the CITY in preparation and negotiation of this Agreement, as well as all costs and expenses incurred by the CITY inthe procurement of the Services, including consequential and incidental damages. 12. CITY'S TERMINATION RIGHTS: The CITY shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to RECIPIENT at least five (5) business days prior to the effective date of such termination. In such event, the CITY shall pay to RECIPIENT compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the CITY be liable to RECIPIENT for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 13. 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 City of Miami MFE Funding Agreement Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the RECIPIENT, 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 RECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the RECIPIENT that any payment made in accordance with this Agreement to the RECIPIENT shall be made only if the RECIPIENT is not in default under the terms of this Agreement. If the RECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any sum whatsoever. If the RECIPIENT fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: (1) Temporarily withhold cash payments pending correction of the deficiency by the RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. (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. (3) Wholly or partially suspend or teitiiinate the current MFE Program Funds awarded to the RECIPIENT. (4) Withhold further MFE Program funding for the RECIPIENT. (5) Take all such other remedies that may be legally available. 14. MARKETING: RECIPIENT shall consult vYith the City Manager, or his or her designee, 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 shall not be unreasonably withheld. 15. INSURANCE: The required Insurance, as approved by the City of Miami Department of Risk Management shall be provided by the RECIPIENT and all such proof shall be attached as an Exhibit to this Agreement. Those entities/individuals required to be listed as additional insured by the Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. RECIPIENT shall, at all times during the teiiif hereof, maintain insurance coverage in accordance with Exhibit "E" attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and City of Miami MFE Funding Agreement evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the perfoiiiiance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 16. NONDISCRIMINATION: RECIPIENT represents and warrants to the City that RECIPIENT does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with RECIPIENT's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. RECIPIENT further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 17. ASSIGNMENT: This Agreement shall not be assigned by RECIPIENT, in whole or in part, without the prior written consent of the CITY, which may be withheld or conditioned, in the CITY'S sole discretion. 18. CERTIFICATIONS REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBILITY MATTERS: RECIPIENT certifies to the best of its knowledge and belief that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local agency. b) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, been convicted of or had a civil judgement rendered against 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 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 16.b of this certification; and d) Have not within a three (3) year period preceding the adoption of the Resolution, attached and incorporated as Exhibit "A", as applicable, had one or more public transactions (Federal, State, or local) terminated for cause or default. City of Miami MFE Funding Agreement 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 and the CITY shall have the right to, in the CITY's sole discretion, to not enter into or terminate this Agreement. 19. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT Artistic Awakenings, Inc 3550 Biscayne Blvd Suite 304 Miami, Florida 33137 Attn: Jose Figueroa, Chairperson, Director CITY City of Miami Office of Management & Budget 444 SW 2" Avenue, 5th Floor Miami, FL 33130 Attn: Marie Gouin, Director With copies to: Office of the City Attorney 444 SW 2" Avenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney 20. PUBLIC RECORDS: Pursuant to the provisions of Section 119.0701. Florida Statutes, RECIPIENT must comply with the Florida public records laws, specifically the RECIPIENT must: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter of the Florida Statutes or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the City of Miami MFE Funding Agreement CITY all public records in possession of the RECIPIENT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 416-1800, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2' AVENUE, SUITE 945, MIAMI, FL 33130. 21. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article V; and (b) Miami -Dade County Code, Section 2-11.1. 22. GOVERNING LAW, VENUE, AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Miami -Dade County, Florida and the parties explicitly agree to the use of this venue. The taw "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration, mediation, or other alternative dispute resolution mechanism. The parties both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the Agreement, each party shall bear its own attorney's fees. 23. WAIVER OF JURY TRIAL: Neither the RECIPIENT, nor any assignee, successor, heir or personal representative of the RECIPIENT, 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 RECIPIENT, nor any other person or entity will seek to consolidate any such action in which a jury trial has been waived with City of Miami MFE Funding Agreement 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. 24. MISCELLANEOUS PROVISIONS: A. Title and paragraph headings are for convenient reference and are not a part of this Agreement. B. No waiver or 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. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the tertiis of this Agreement shall control. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be deteimined 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, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. 25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT 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 withheld in the CITY'S sole discretion. 26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 27. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors, 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 programs of the CITY, or any rights generally afforded its employees; further, they shall not be deemed entitled to Florida Workers' Compensation benefits as employees of the CITY. 28. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision of this Agreement shall, in any way, inure to the benefit of any third parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more of the terms hereof, or otherwise give rise to City of Miami MFE Funding Agreement any cause of action in any party not a party hereto. 29. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of allocated and available funds, reduction or discontinuance of funds or change in laws, codes, rules, policies or regulations, upon thirty (30) days' notice. 30. RECIPIENT CERTIFICATION: The RECIPIENT 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 RECIPIENT'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 RECIPIENT to act in connection with this Agreement and to provide such information as may be requested. The aforementioned authorization for the RECIPIENT is attached and incorporated as Exhibit "G" 31. AUTHORITY: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the perfoimmiance of such party's obligations and the certifications hereunder have been duly authorized and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terms. 32. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral interpretation, it is agreed that the judicial or arbitral body interpreting or construing the same shall not apply the assumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that an instrument is to be construed more strictly against the party which itself or through its agents prepared same, it being agreed that the agents of both parties have equally participated in the preparation of this Agreement. 33. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and entire agreement between the parties relating to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each 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. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 34. 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 City of Miami MFE Funding Agreement 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 intentionally left blank; Signature page to follow] DS Viroria Mendez Date: Fee y Attorney City of Miami MFE Funding Agreement IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their » i065idaWthreunto duly authorized, this the day and year above written. ATTES EDocuSigned by: c.-ie_Ar March 20, 2024 I 08:46:20 18169471A31D411 Todd B. Hannon, City Clerk Date: APPROVED AS TO FORM AND CORRECTNESS: "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: EDT La_r(Lur 144161%h 19, 2024 By: 850CF6C372DD42A Arthur Noriega V, City Manager 2024 I 22:27:02 ED —DocuSigned by: •••--F4EFSO-AF6F€0457... ATTEST: Print Name: Title: V; I 11:18:47 EDT Date: APPROVED AS TO INSURANCE REQUIREMENTS: r—DocuSigned by: FraVt1 abORICAp 15, 2024 I 13:04:15 EDT \--27335e6-3't21-4-E7 Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" A Florida Not -For -Profit Corporation By: Print Name: ri9v,fror Title: C#A1i2.-- Peyir v`l MIAMI FOR EVERYONE FUNDING AGREEMENT E HIBIT A - CITY OF MIAMI RESOLUTION AGENDA ITEM COVER PAGE File ID: #13789 Ordinance Second Reading Sponsored by: Francis Suarez, Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE THE MIAMI FOR EVERYONE PROGRAM AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 13789 (Revision:) Printed On: 12/14/2023 City of Miami Legislation Ordinance Enactment Number: 14165 File Number: 13789 Final Action Date: 4/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ARTICLE III/SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE/APPLICATION AND EXCLUSIONS," BY AMENDING SECTION 18-72(B) TO EXCLUDE FROM THE REQUIREMENTS OF THE CITY OF MIAMI PROCUREMENT ORDINANCE THE MIAMI FOR EVERYONE PROGRAM AND RELATED ADVERTISING, PROVIDING FOR CERTAIN CONTRACTUAL AND LEGAL LIMITATIONS FOR THIS EXEMPTION AS ARE PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 18, Article III of the Code of the City of Miami, Florida, as amended ("City Code"), commonly referred to as the "Procurement Ordinance," applies to most purchases of goods and services regardless of the source of funding; and WHEREAS, Section 18-72 of the Procurement Ordinance expressly enumerates certain goods and services excluded from the requirements of the Procurement Ordinance because it is not in the City's best interests to employ competitive procurement requirements relative to the nature of that particular good or service or is otherwise not practicable to follow for that particular good or service; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 18/Article III of the City Code is hereby amended in the following particulars:1 "CHAPTER 18 FINANCE ARTICLE III. CITY OF MIAMI PROCUREMENT ORDINANCE Sec. 18-72. Application and exclusions. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanaed material. City of Miami File ID: 13789 (Revision:) Printed On: 12/14/2023 (a) Application. Regardless of the source of funds, including state and federal assistance monies and except as otherwise specified by law, the provisions of this article shall apply to every purchase/procurement by: (1) All city entities or boards, as hereinafter defined, including the community redevelopment agencies. (2) The Downtown Development Authority, the department of off-street parking, Liberty City Community Revitalization Trust, Civilian Investigative Panel, Bayfront Park Management Trust, and the Virginia Key Beach Park Trust (each referred to herein as the "board" or "city entity," as applicable); provided, however, that: a. With respect to each board, the following terms shall have the meanings ascribed to them in this section: 1. "City" shall mean the board. 2. "City manager" shall mean the executive director of the board. 3. "Chief procurement officer" shall mean the executive director of the board or his or her designee. 4. "City commission" shall mean the board of directors of the board. b. The cone of silence shall not apply to any board or city entity set forth in subsection 18-72(2) herein or the community redevelopment agencies. (b) Exclusions. This article shall not apply to: (16) Legal services coordinated by and through the office of the city attorney citywide, including, but not limited to: attorney services, paralegals, expert witnesses, jury consultants, legal support services, legal research, court reporters and stenographers. (17) Water, sewer, electrical, telecommunications or utility relocation agreements within a prior approved easement, the construction relocation of which must be performed by the water, sewer, electrical, telecommunications or a utility owner's representative. (18) Actuarial services procured in accordance with subsection 40-196 <>(b)(6) of the City Code. (19) Community Development Block Grant ("CDBG"), Housing Opportunities for People With AIDS ("HOPWA"), Emergency Shelter Grant ("ESG"), Neighborhood Stabilization Program ("NSP"), HOME, and similar programs (collectively "Community and Economic Development Programs"), providing however, that Community and Economic Development Programs shall follow 2 CFR part 200, as applicable, and as may be amended and supplemented from time to time. (20) Aggregate of Anti -Poverty Initiative Funds in an amount up to $50,000.00 in any single City fiscal year to any single entity. (21) Aggregate of Social Service Gap Funds in an amount up to $50,000.00 in any single City fiscal year to any single entity. (22) Matching fund grant agreements to the city, inclusive of any city agency or instrumentality. For purposes of this subsection, matching fund grant agreements shall mean those eligible matching fund grant agreements, processed through and approved by the city office of grants administration or similar city department, where a grant is provided to the city requiring a city payment of matching funds in an amount or value equal to that of the grant. The grant required city match may be in the form of funds City of Miami File ID: 13789 (Revision:) Printed On: 12/14/2023 or in -kind goods or services as provided in the matching fund grant agreement. The exclusion to the city's procurement ordinance for matching fund grant agreements, as amended, shall extend to advertising of the same including, but not limited to, social media platforms, press releases, public relations, etc. as required or contemplated by the matching fund grant agreement. The exclusion above for the advertising of matching fund grant agreements shall only apply to the city's procurement ordinance, and any applicable competitive solicitation requirements as imposed by such agreements or federal, state or county laws shall continue to apply. (23) Aggregate of economic accessibility initiative funds in an amount up to $50,000.00 in any single city fiscal year to any single entity. (24) Aggregate of Miami For Everyone funds in an amount up to $50,000.00 in any single city fiscal year to any single entity. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 13789 (Revision:) Printed On: 12/14/2023 Insert Pages 2 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: Adist's Awakenings established in 2008 as a 601(c)(3) as a non profit providing arts and craft sessions for low income Wynwood senior and youth residents. The arts program depends on the donations to maintain end purchase the materiels, supplies, and have volunteers whenever possible Is your program/project providing direct services to residents of the City of Miami? Yes®No ❑ Number of residents your entity will serve: 3D Frequency of Service: Weekly Age Group Served: 55+ is your program/project related to a declared emergency in the City of Miami? Yes®No Name of Declared Emergency: Date of Official Declaration, is your program/project impacting one of Miami's afflicted communities? Yes ❑ NOD Geographic Area Served (specific to this project/program) District Served (1, 2, 3, 4, 5, Citywide) 125 Neighborhood/Community being served: WyilwOCiCi Program/Project Priority area (Select one): E Affordable Housing Educational Programs for children, youth, and adults Elderly meals, direct financial assistance, transportation, recreational and health/wellness related activities Direct financial assistance, food assistance (gift card programs, voucher programs) At -risk youth or youth summer job programs Page 2of6 Return this form to: gbrito@miamigay.com (March 28, 2023) E City of Miami Miami For Everyone Program Funding Request Form Transportation services and programs Job development, retention and training programs Homeless Services Food Distribution programs Climate Resiliency Improvements r— Essential supplies, during a State of Emergency, natural disaster, or economic crisis Allowable Infrastructure Improvement per program purpose and guidelines Page 3 of 6 Return this form to: gbrito@miamigay.cam (March 28, 2023) City of Miami Miami For Everyone Program Funding Request Form Program/Project Title: Artistic Awakenings - Senior/Youth Art program Artistic Awakening Inc, is a non profit 50 (c)(3) corporation. The program focuses safety on Project/Program Description: low income seniors and youth in the neighborhood. many of whom do not have the means to access other daytime activities. More, the program's activities are provided at no cost, sa the residents do not have to worry about the financial burden. By rombinlntl A. and onile adux[kn with abkalhollFEey ralmamilane. and health awarenem Nn mania pro,nm is aka geared la bulldinga wmaonhy forge,esltleak, veetena volunteers. Program Start Date: December 01, 2023 Program End Date: September 30, 2024 Please describe how this program/project and funding will assist the community overcome the adverse effects of the declared emergency: By primarily arts and craft sessions to tow income residents and youth participants wa hope to increase self esteem and sense of autonomy ror our seniors Many seniors are limited by physical constraints and their need for help. The art program ensures seniors remain active, We provide meals, arts and craft sessions, civic education, health news (covid-19), and nutritional guidance IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program: Based on our services, providing workshops on health, diet, and common issues seniors face. As well,. we Inland to continue to their sense of independence and creativity through to arts. Seniors are ebte to create beautiful planes and sac€aitze We measure our success on the rententalon rate dour seniors and review per conversations with staff, volunteers, and participants Please attach additional pages to the back of this packet, if the space above is not sufficient. Page 4of6 Return this form to: gbrito@miamigov.com (March 28, 2023) From: Brito, Gabriel To: Harrell. Yvette Cc: Sylvain, Casan; Gouin. Marie Subject: FW: Artistic Awakenings Date: Thursday, September 21, 2023 4:31:00 PM Attachments: ArtisticAwakenings501c3.pdf Artistic Awakenings Who Are We.pdf Artistic Awakening Progams (seniors).pdf AA Voided Check.pdf Artistic Awakenings W-9.pdf Artistic Awakening Invoice .pdf image001.pnq MFE Guidelines & Applicant Form vl.pdf Importance: High Yvette, We will require the organization to submit a MFE Application. I have attached a blank form (MFE Guideline & Applicant Form). Please advise if you have any questions or concerns. Thank you, Gabriel J. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito(0mismigov.com From: Sylvain, Casan <CSylvainl@miamigov.com> Sent: Thursday, September 21, 2023 2:42 PM To: Dawson, Donovan <DDawsonl@miamigov.com> Cc: Hoffman, Crystal Ann <CAHoffmanl@miamigov.com>; Velasquez, Tiphanie <TVelasquezl@miamigov.com>; Harrell, Yvette <YHarreII( miamigov.com>; Lazcano, Diego <DLazcano( miamigov.com> Subject: Good Afternoon, Vendor: Artistic Awakenings INC. Services: provides no -cost arts and crafts education for inner-city, low-income residents in the neighborhood of Wynwood, Miami Amount: $20,000 E-mail: info Pdynamiccdc.com Account: Miami for Everyone Fundings Our office will like to Allocate funding from Miami for Everyone Fundings. Please Process for $20,000. With kind regards, Casan Sylvain Commission Aide Commissioner Christine King, District 5 City of Miami 3500 Pan American Drive Miami, FL 33133 305-250-5390 Website: www.miamigov.com From: infoPdynamiccdc.com <infoPdynamiccdc.com> Sent: Thursday, September 21, 2023 2:32 PM To: Sylvain, Casan <CSylvainPmiamigov.com> Subject: Artistic Awakenings CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Casan, pls see the attached request for support. Thank you in advance, Luis To: Hon. Christine King, Commissioner City of Miami District 5 From: Luis DeRosa, Volunteer, Artistic Awakening Inc. Regarding Dorothy Quintana Senior/Youth Arts Program Dear Commissioner, I am requesting a contribution of a $20,000 grant For the Dorothy Quintana Senior/Youth program fiscal year 2023-2024. The funds receive will cover the cost of purchasing arts & crafts merchandize, supplies and equipment. Please let me know if you have any questions or require additional information. Thank you for the opportunity. Regards, Luis DeRosa Attachments: • Organization Name / Address / Phone Number / Website ■ Artistic Awakenings / 3550 Biscayne Blvd Suite 304 Miami FL 33137 / www.artisticawakenings.com • Contact Name ■ Luis DeRosa / (954) 914 - 9314 • 501(c)3 Certificate ■ First Attachment • Brief Bio and Mission Statement ■ Second and Third Attachment • Proof the organization has a current bank account (i.e., cancelled/voided check) ■ Fourth Attachment & Fifth Attachment • W-9 Taxpayer Number • Invoice Artistic Awakenings Mailing Address: 3550 Biscayne Blvd. Suite 304 Miami, FL 33137 Activity Address: Dorothy Quintana Community Center 101 N.W. 34 Street Miami, FL 33127 Telephone: (305) 576-0010 I Email: Artisticawakeningmianvahoo.com I Website: www.artisticawakenings.com A 501 (c) 3 Non- Profit Corporation I Steven Saenz, Chairperson "Awakening Minds Through the Arts" Who are we? Artistic Awakenings, Inc., is a 501(c)3 non-profit corporation that provides no -cost arts and crafts education for inner-city, low-income residents in the neighborhood of Wynwood, Miami. The Senior Arts Program, in particular, focuses on providing these services —for free —to the elderly in the neighborhood: those who are often forgotten by other public educational and social institutions. Overall, the Program has three goals. First, the Program provides daytime activities for local seniors. Seniors are able to come to classes and remain in the education hall all day with other members of the community. Second, the arts sessions build self-esteem and a sense of autonomy for seniors. Many elderly feel limited by their physical constraints and their need for help; the arts, however, are one area in which seniors can enact full independence. And third, the Program encourages self-expression through the arts. Seniors are able to make beautiful creations that they can then take to their homes and/or give to friends and family. By using the arts, we seek to: 1. Provide daytime activities and promote a feeling of purpose; 2. Build self-esteem and a sense of autonomy; and 3. Encourage self- expression. Artistic Awakenings: Serving the residents of Wynwood with the arts What do we do? The first effort of the Senior Arts Program is to provide arts and crafts classes. Seniors meet every Wednesday from 10am to 2pm for these classes. Students and instructors work together to create and maintain a sense of community during these sessions. Some residents take charge of making coffee for the class, for instance, while others clean and set up the classroom. The session usually begins with a description of the task for the day followed by a demonstration. Examples of classes include making homemade jewelry, clay sculptures, holiday wreaths, beadwork, and mosaics. (The range of arts and crafts projects are determined by the availability of materials and the abilities of the senior residents) Residents are welcome to stay as long as they would like, enjoying conversation and snacks with other residents well after the class has finished. The second effort of the Senior Arts Program is to hold cultural and holiday celebrations. Seniors come together to showcase their arts and craft creations during cultural and holiday celebrations approximately once every six weeks. Examples of celebrations include Hispanic Heritage Month, Thanksgiving, Three Kings Day, Valentine's Day, and our yearly Gala. These events bring together the friends and family of the senior residents for a day of merriment. Other volunteers also attend these events to help with food, music, and dance. Notable guests have included City of Miami Mayor Tomas P. Regalado and District 5 City Commissioner Keon Hardemon. Artistic Awakenings: Serving the residents of 1Vynwood with the arts Introduction: Dorothy Quintana Senior Arts Program Artistic Awakenings INC, in collaboration with Dynamic Community Development (CDC) Corporation, (both non-profit 501© (3) community based organizations), manage the Dorothy Quintana Senior Arts Program held at the Roberto Clemente Park/ Dorothy Quintana Community Center. The park is located in the Wynwood community within the City of Miami, in an area traditionally known for having little or no economic resources. The Wynwood community neighborhood encompasses areas within city commissions #2 and #5.The national Objective for this activity is assistance to Low/Moderate income families as defined in the 24 (CFR) 527.208 (a)(2). The HUD matrix is 05A- senior services The Activities take place: • Within the Wynwood Neighborhood Development Zone (bordered on the North by NW 36th Street, the east by North Miami Avenue, The South by NW 29th Street and the West by 1-95). • The Model Block area (NW 36th Street to the north, 29th street to the south, North Miami Avenue to the east and NW 4th avenue to the west —Census block group 26003 and 26002). • The Wynwood Commercial Corridors: (a) Wynwood NW 2nd Avenue Corridor (Old San Juan Cultural and Entertainment District; (b) NW 2nd Avenue from 34th Street to the South to 38th Street to the North; and (c) NW 2nd avenue from 14th street to 39th Street Necessity of Program Per the City of Miami Consolidated Plan, the area has been designated as a Neighborhood Development Zone (NDZ) and a Model Block Area. Per the same Consolidated Plan, such areas are targeted for revitalization and redevelopment. The aging population is growing within this community and the surrounding residential neighborhoods. Again, according to statistics in the City of Miami Consolidated Plan, Wynwoods median household income is $14,794 with 44% of households earning under $12,000 annually. Under both local and HUD classifications, such income constitutes very low and low income. Although we have witnessed during the past years a growth in the Wynwood Art and Fashion Districts - and most recently the beginning of film production industry —this "gentrification" has not improved the lot of the areas' seniors — most of whom are low income and living on fixed incomes and public assistance The Program The Senior Arts Program intends to serve the local residence through its Dorothy Quintana Senior Arts Program. The goal of this program is to provide basic arts and crafts instruction to enable seniors to discover —or rediscover — their artistic talents and abilities. The program provides seniors with the opportunity to break the monotony of their routine, their isolated lifestyles, and to become involved in a socially interactive and mentally simulating environment utilizing creative activities such as arts and crafts. Activities under the senior arts program: Currently Dorothy Quintana Senior Arts Program benefits an averaging 12-20 senior per session. For those seniors who express interest in the program, we will immediately begin the paperwork and processing to ensure their eligibility for the program. All seniors will be invited to participate and attend the seniors art shows, health fairs, and other special events sponsored by the program and City of Miami -Dade Parks and Recreation Dept., as well our community collaborators, Borinquen Medical Centers of Miami -Dade, Vista International Security Company and Wynwood Brewing Company, Arts and Crafts In each session, the art instructor will engage the seniors in developing their potentials using various artistic materials. In addition to traditional arts and crafts materials and supplies, there will be an emphasis on recycling- utilizing bottles, jars, newspapers, etc. Financial Management Dynamic CDC, which in collaboration with Artistic Awakening oversees the Senior Program, has never been cited for any financial irregularities and enjoys a reputation for fiscal soundness. Recently, the city of Miami, Department of Community and Economic Development, issued a letter after a monitoring was conducted with no findings. Artistic Awakenings will seek grant funding starting in the 2015 fiscal year and will begin filing its 990's as required by the Internal Revenue Services INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 Date: F E B 12 2015 ARTISTIC AWAKENINGS INC 3550 BISCAYNE BLVD SUITE 304 MIAMI, FL 33137-0000 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 51-0616777 DLN: 26053436001735 Contact Person: CUSTOMER SERVICE ID# 31954 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990/990-EZ/990-N Required: Yes Effective Date of Exemption: Feburary 3, 2015 Contribution Deductibility: Yes Addendum Applies: No We're pleased to tell you we determined you're exempt from federal income tax under Internal Revenue Code (IRC) Section 501(c)(3). Donors can deduct contributions they make to you under IRC Section 170. You're also qualified to receive tax deductible bequests, devises, transfers or gifts under Section 2055, 2106, or 2522. This letter could help resolve questions on your exempt status. Please keep it for your records. Organizations exempt under IRC Section 501(c)(3) are further classified as either public charities or private foundations. We determined you're a public charity under the IRC Section listed at the top of this letter. Based on the information you submitted on your application, we approved your request for reinstatement under Section 7 of Revenue Procedure 2014-11. Your effective date of exemption, as listed at the top of this letter, is the submission date of your application. If we indicated at the top of this letter that you're required to file Form 990/990-EZ/990-N, our records show you're required to file an annual information return (Form 990 or Form 990-EZ) or electronic notice (Form 990-N, the e-Postcard). If you don't file a required return or notice for three consecutive years, your exempt status will be automatically revoked. If we indicated at the top of this letter that an addendum applies, the enclosed addendum is an integral part of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar Letter 5436 -2- ARTISTIC AWAKENINGS INC to view Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Sincerely, Director, Exempt Organizations Letter 5436 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 4 from Miami For Everyone Funding Request Form City of Miami Miami For Everyone Program Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $20,000'00 Explain how the City of Miami's Miami For Everyone funding will be utilized: The City of Miami's MFE fundning will be utilized as follows: $20,000.00 will be eveningly distributed ($5,000.00 per) for Meals, Equipment & Supplies, Marketing and Personnel Salaries and Wages, Itemize MFE funding related to expenditures below: Personnel Salaries & Wages: $5,000.00 Personnel Benefits $ Space Rental: $ Utilities (Electricity, Phone, Internet): $ Supplies: $2 500.00 Equipment $2,500.00 Marketing: $5,000.00 Transportation (Participants): $ Meals (Participants): $5,000.00 Professional Services (List each): $ Construction (attach schedule of costs): $ Other (please describe): Other (please describe): Other (please describe): Page 5of6 Return this form to: gbrito@miamigov.cam (March 28, 2023} MIAMI FOR EVERYONE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" MFE AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, an amount not to exceed TWENTY THOUSAND AND ZERO CENTS ($20,000.00) for the services provided pursuant to this Agreement. 2. Request for Payments should be submitted to the CITY in a foiiii provided by the City and included in this Exhibit as Request for Payment Form. 3, The RECIPIENT must submit the final request for payment to the CITY within 30 calendar days following the expiration date or teiiiiination date of this Agreement in a form provided by the CITY. If the RECIPIENT fails to comply with this requirement, the RECIPIENT shall forfeit all rights to payment and the CITY shall not honor any request submitted thereafter. 4. Schedule of payments to RECIPIENT will be as follows: One (1) Lump Sum Payment of Twenty Thousand Dollars on or after December 1, 2023. 5. Any payment due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any modifications thereto. MFE Request for Payment Form Date: Invoice Number: Send to: City of Miami Office of Management & Budget 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Miami For Everyone — Artistic Awakenings Recipient's Name: Artistic Awakenings, Inc. Recipient's Address: 3550 Biscayne Blvd., Suite 304 Miami FL 33137 1 hereby request payment in the amount of $ for expenses incurred in relation to the City of Miami's Miami For Everyone Activity/Program/Services provide below. Number of People Served/Location of Services Description Rate Amount TOTAL: $ I certify that the Program/Service was provided in accordance to the approved Program/Project as described in the MFE Funding Request Form and that expenses were incurred in the provision of said Program/Service. Authorized Representative Type Name Signature Date Title: MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT E - INSURANCE REQUIREMENTS Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled .Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami listed as an additional insured 111. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional/E&O Liability Each Claim Policy Aggregate Retroactive date Included $250,000 $250,000 The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 7 ® A� o CERTIFICATE OF LIABILITY INSURANCE DATE {MMIpDlYYYY) 03/11/2024 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: ff the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Industries 953 NE 125th St. North Miami, FL 33161 CONTACT Stacy Parks (E/CDNf a Ext): (305)891-2808 FAX No): (305)891-6367 ADDRESS: stacy@insuranceindustriesinc.com INSURER(S) AFFORDING COVERAGE NAIC # INsuRER A : united states liability insurance co, INSURED ARTISTIC AWAKENINGS INC 3550 Biscayne Blvd #304 MIAMI FL 33137- INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NU ER: 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 MSR LTR TYPE OF INSURANCE ADDL INSD SUER INVD POUCY NUMBER POLICY EFF (Mf /DD/YYYY) POLICY EXP (MMIDDIYYYY) LIMITS A COMMERCIAL GENERAL�LIABILITY Y Y NPP1627367 01/25/2024 01/25/2025 EACH OCCURRENCE $ 1,000,000.00 DGD PREMISES SES Ea ocGE TO currence) $ 1,000,000.00 LAIMS-MADE /\ OCCUR MED EXP (Any one person) $ 5,000.00 PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES 1 JET PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000.00 $ AUTOMOBILE LIABILITY SCHEDULED COMBINED SINGLE LIMIT (Ea acCidenI) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA UAB EXCESS UAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DEO RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N NIA PER STATUTE ppTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) NON PROFIT ORGANIZATION. SENIOR ART PROGRAM LOCATION: ROBERTO CLEMENTE PARK 101 NW34ST MIAMI, FL. 33127 CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI RISK MANAGEMENT 444 SW 2 AVE MIAMI FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ,46vey---IP04)42 ACORD 25 (2014/01) @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC R AGENCY CUSTOMER ID: LOC #; ADDITIONAL REMARKS SCHEDULE Page of AGENCY Insurance Industries NAMED INSURED ARTISTIC AWAKENINGS INC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance CERTIFICATE HOLDER IS ALSO LISTED AS ADDITIONAL INSURED ACORD 101 (2008101) @ 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ARTJSTJC AWAKENJNGS,, fjNJC� 3550 Biscayne Blvd. Suite 304 Miami, FL 33137 (305) 576-0010 To whom it may concern: This is to attest that Artistic Awakenings, Inc. has less than 4 employees, and is not subject to the requirement of Workman's Compensation. Please feel free to contact us at the above number for any additional information. Jose Figueroa Chairperson A\ Fa, T ft-1A STIC AWAKENINGS, IN 3550 Biscayne Blvd. Suite 304 Miami, FL 33137 (305) 576-0010 This is to certify that Artistic Awakenings has never owned an auto, has no owned autos at present, nor does the corporation intend to own autos in the future. Please feel free to contact me for additional information. Jose Figuero Chairperson MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT F — CLOSE-OUT REPORT The Close Out Report must be completed at the end of the program. City {}fMiami Miami For Everyone Program Close -Out RBD0[t Date: Allocation Amount: $20,000.00 Program/Project Title: Miami For Everyone — Artistic Awakenings Recipient's Name: Recipient's Address: Artistic Awakenings, Inc. 355OBiscayne Blvd, Suite 3O4 Miami, FL33137 Please provide the information in reference to all the services provided with the City of Miami Miami For Everyone program: Program Start Date and End Date Program/Project Priority Area Description ofProject/Activity/Service District where Project/Activity/Service were Provided District 1District Z,District 2,District 3,District Sand/or Citywide Location ofPnject/Activit»/5ervice(ie. Site, neighborhood, area) Project KP|(Ex#People,Households Served, workers1studentsenrolled) Frequency of Projniceoverthe period ofperformance Narrative describing overall results (How the program has helped -the community nccoverfrocnthe declared ernergency.) ' I certify that th Guidelines S Service was provided in accordance to the City of Miami Miami For Everyone Program X—� Type Name Title: Return to: City ofMiami Office ofManagement and Budget 444SVV2ndAve,SmFloor Miami, FL33l30 MIAMI FOR EVERYONE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION Signature -- Print Name: Jose Figueroa Title: Chairperson Luis De Rosa ARTISTIC AWAKENINGS, ILN 3550 Biscayne Blvd. Suite 304 Miami, FL 33137 (305) 576-0010 CORPORATE RESOLUTION WHEREAS, Artistic Awakenings Inc. desires to enter into an Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Directors, at a duly held 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 that Jose Figueroa is hereby authorized and instructed to enter into an Agreement and undertake the responsibilities and obligations as stated in such proposed Agreement in the name and on behalf of this corporation with the City of Miami upon the terms contained in the proposed Agreement to which this resolution is attached. DATED THIS 11 day of March, 2022 ) Olivera, Rosemary From: Brito, Gabriel Sent: Friday, March 22, 2024 5:55 PM To: Lee, Denise; Olivera, Rosemary; Ewan, Nicole; Hannon, Todd Subject: Executed Grant Agreement - Miami For Everyone - Artistic Awakenings, Inc Attachments: DocuSign_MFE_Agreement_-_Artisitic_Awakening.pdf RE: MFE Grant Agreement — Artistic Awakenings, Inc. Hello All, Please find attached a fully executed copy of the above reference Grant Agreement from DocuSign that is to be considered an original for your records. Gabrlelf. Brito CIP Budget Coordinator Office of Management & Budget 444 SW 2 Avenue, 5th Floor Miami, Florida 33130 Phone: 305.416.1203 Gbrito@miamigov.com i