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HomeMy WebLinkAbout24935AGREEMENT INFORMATION AGREEMENT NUMBER 24935 NAME/TYPE OF AGREEMENT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION DESCRIPTION 1ST AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/EXTENSION OF CONTRACT/FILE ID: 11286/R- 22-0023/MATTER ID: 24-91/#16 EFFECTIVE DATE July 7, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 4/5/2024 DATE RECEIVED FROM ISSUING DEPT. 4/15/2024 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM City of Mia APR 04 RFC L ORIGINATING DEPARTMENT: Office of Grants Administration Cln.Mpreger's Office DEPT. CONTACT PERSON: Malissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Martin Luther King Economic Development Corporation IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $ 0 FUNDING INVOLVED? ❑ YES 0 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) API Agreement Term Amendment PURPOSE OF ITEM (BRIEF SUMMARY): The attached API Amendment packet is being routed for review/signature. The entity has requested an extension for the term of the agreement due to permitting and planning delays. COMMISSION APPROVAL DATE: 1 / 13 / 22 FILE ID: 11286 ENACTMENT NO.: R 22-0023 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 1/10/24 PRINT:LILLIAN BLONDET SIGNATURE: 61/"' SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET PRINT:MARIE GOUIN SIGNATURE: SUBMITTED TO RISK MANAGEMENT PRINT: ANN-MARIEARPE irc'1 SIGNATURE: 1f SUBMITTED TO CITY ATTORNEY RP #24-91 3/29/24 PRINT: SI V CTORIA MENDEZ APPROVAL BY ASSISTANT CITY MANAGER PRINT:LARRY S ' 'I N SIGNATURE• I RECEIVED BY CITY MANAGER PRINT: AR . R O V SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER FIRST AMENDMENT TO ANTI -POVERTY INITIAITVE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION This First Amendment to the Anti -Poverty Initiative Funding Agreement ("First Amendment") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, Florida 33130 ("City"), and Martin Luther King Economic Development Corporation, a Florida Not for Profit Corporation, located at 6114 NW 7th Avenue, Miami, FL 33127 ("Recipient") is entered into as of this 7th day of July, 2022. The City and Recipient may each be referred to as a "Party" and may collectively be referred to as the "Parties." RECITALS: WHEREAS, the City, pursuant to Resolution No. 22-0023, the City approved providing Ant -Poverty Initiative ("API") Funds to the Recipient in the not to exceed amount of Three Hundred Forty -Seven Thousand Dollars ($347,000.00); and WHEREAS, the City and Recipient, on July 7, 2022, entered into an Anti -Poverty Initiative Funding Agreement ("API Agreement") to set forth the terms and conditions relating to the use of the funds for the term of January 13, 2022, to January 13, 2024; and WHEREAS, the aforementioned Recipient has experienced permitting delays which led to planning delays; and WHEREAS, the City wishes to extend the term of the agreement for an additional twelve months, to allow the Recipient time to complete their programming/services per their Scope of Work and terms of the agreement with the City and no additional funds will be allocated; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the Parties agree as follows: 1. The recitals are true and correct and are hereby incorporated into and made a part of this First Amendment. 2. Paragraph 2 of the API Agreement entitled Term is amended to continue to the following effect: The term of this Agreement shall commence on January 13, 2022 and shall continue until - January 13, 2025. 3. The API Agreement Composite, Exhibit "D," Payment Schedule will be updated to reflect the new payment schedule to coincide with the amended Term. 4. The Anti -Poverty Initiative Progress Report, Exhibit "F," will be updated to include new report dates that coincide with the amended Term. 5. 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. 6. All other terms and conditions of the API agreement remain in effect and unmodified. (Signatures on following page) City of Miami API Funding Agreement Martin Luther King Economic Development Corp IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: "CITY" CITY OF MIAMI, a municipal corporation of tl;t State of Florida By: B. Hannon, rty ler Dat.ei Arthur Noriega V, City Manager Di#te: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: ictoria Mendez City Attorney ATTEST: Date: 3/29/24 RP #24-91 �l Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" Martin Luther King Economic Development Corp A Florida Not -For -Profit Corporation By: Print Name:V6951- (' (PI 6((C Print Name: Title: 04FI t c° MaYlis1/43erPe3 t e ti kTitle: d � �--�% o Page 13 Am1rlU NA Mc>Ne, 1 CORPORATE RESOLUTION WHEREAS,Martin Luther Kin Economic Development Corporations.. a Florida Not For Profit Corporation, desires to enter into a 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 Articles and By -Laws of the not -for -profit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that Amina M. McNeil, Esq. are/is hereby authorized and instructed to enter into the 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 terms and conditions contained in the proposed Agreement to which this resolution is attached. DATED this day of an \k a r , 20 a `1, ATTEST: RPORATE SECRETARY Print Name: JASON FORDE .,41.14� VI E CHAIRWOMAN Print Name: HELEN STEWART (CORPORATE SEAL) API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, an amount not to exceed Three Hundred Forty Seven 347,000 Thousand Dollars $ for the services provided pursuant to this Agreement. 2 Request for Payments should be submitted to the CITY in a form 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 termination 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: 2 Payments a. The payments will be made over 2 payments between January 13, 2022 and January 13, 2025. i. First payment of $294,950 will be paid upon execution of the API agreement. ii. Retainage of 15% will be held until proof of completion is provided. The second payment of $50,050 will be paid once supporting documentation is provided, such as: invoices and payments to the Contractor, proof of closed permits, Certificate of Use. 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. STATE OF jc` , tMAxvirginia County of Fairfax Qwn i.ca. 711oni f. t ?mil Signed: Date: 01/05/2024 The foregoing instrument was acknowledged before me this 01/05/2024 by Amina Monique McNeil (MLK EDC) , a Florida not -for -profit corporation, on behalfof the corporation. He/She is personally known to me or has produced FL Drivers license as identification. Public Notary Nurul Bashar Public's Name Signature gla-4-4-4-"" Notarized online using audio -video communication EXHIBIT F ANTI -POVERTY INITIATIVE PROGRESS REPORT PROJECT TITLE: Kitchen Incubator andCommunity Dining Hall LEGAL NAME OF ORGANIZATION: Martin Luther King Economic Development Corp. 7/ 1 /22 - 12/31/22; Report Due: (January 13, 2023) 1/1/24-6/30/24; (July 15, 2024) REPORT PERIOD 1/1/23 — 6/30/23; 7/1/23-12/31/23 (July 14, 2023) (January 12,2024) 7/1/24-12/31/24 (January 13, 2025) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: • * rites, SI S M If !1 0 tt City of Miami Legislation Resolution Enactment Number: R-22-0023 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11286 Final Action Date:1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE WRITTEN FINDING OF THE CITY MANAGER, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; ALLOCATING GRANT FUNDS FROM THE DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED FORTY SEVEN THOUSAND DOLLARS ($347,000.00) TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION, A FLORIDA NOT FOR PROFIT CORPORATION IN SUPPORT OF THE KITCHEN INCUBATOR AND COMMUNITY DINING HALL PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") created the Anti -Poverty Initiative ("API") to address poverty based on a strategy of focusing the provision of support towards the City's residents achieving self-sufficiency; and WHEREAS, the Martin Luther King Economic Development Corporation ("MLKEDC"), a Florida not for profit corporation, is seeking funding in support of its Kitchen Incubator and Community Dining Hall Program ("Program"); and WHEREAS, the City's District Five Commissioner ("Commissioner") wishes to provide grant funds from the Commissioner's share of the City's API in an amount not to exceed three hundred forty seven thousand dollars ($347,000.00) ("Funds") for the Program which will aid the operation and education programs for food entrepreneurs and assist with the expenses associated with buying and maintaining a commercial kitchen by reducing the financial burden on local residents and families who have to rent banquet facilities; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager has made a written finding, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program; and WHEREAS, the City Manager is requesting authority from the City Commission to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for the allocation of the Funds for the Program; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the written finding of the City Manager, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of the Funds for the Program and waiving the requirements for the procedures are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the Commissioner's share of the City's API to MLKEDC for the Program. Section 4. The City Manager is further authorized2 to negotiate and execute any and all documents necessary, all in forms acceptable to the City Attorney, for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: is f dez, ity ttor ey 1/4/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission, 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. 2 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. : ; r flex.:AtinigafaUtto niSaporatiQns / RtIcoicts / 110.0.1g / Detail by Entity Name Florida Not For Profit Corporation MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION Filing Information Document Number 734428 FEI/EIN Number 59-2042422 Date Filed 11/25/1975 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/14/2017 Event Effective Date NONE Principal Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 08/16/2004 Mailing Address 6114 NW 7TH AVENUE MIAMI, FL 33127 Changed: 02/04/2009 _Registered Agent Ramie & Address McNeil, Amina Monique, Esq. 6114 NW 7TH AVENUE MIAMI, FL 33127 Name Changed: 09/17/2022 Address Changed: 02/10/2012 Officer/Director Detai( Name & Address Title CHAIR HARDEMON.8|LLY 055NVV48thStreet Miami, FL3312T Title VICE CHAIR STEVKARTHELEN 58UONVY7thAvenue ApL#30D Miami, FL 33127 TiUePresident, CEO yNCNBLAM|NAMonique, Esq. 1O2GSVV27Avenue Hollywood, FL33020 TitloTREASURER Jenningo.ClevoU 1491OSouth River Drive Miami, FL331G7 Title Secretary FDRDE'JASON 2121 NVVi88Terrace Miami Gardens, FL33O5O Title Board Member Gibson, Iris 2O56Northwest 1U7thStreet Miami, FL331G7 Annual Reports 0.1;19:202,1 AtoltiAt rti4if fNiNi2o20 AMNUAL RLPOr?T 1i:12.E-2/.2r-21.9 (I 11'12120.18 -- A N,NJUAI.. 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