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HomeMy WebLinkAbout23418AGREEMENT INFORMATION AGREEMENT NUMBER 23418 NAME/TYPE OF AGREEMENT CUBAN MUSEUM, INC. DESCRIPTION 1ST AMENDMENT TO ANTI -POVERTY FUNDING AGREEMENT/EXTENSION OF CONTRACT/FILE ID: 7047/R-20- 0011/MATTER ID: 21-1534/#69 EFFECTIVE DATE July 23, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/23/2021 DATE RECEIVED FROM ISSUING DEPT. 7/29/2021 NOTE 10 CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Grants Administration DEPT. CONTACT PERSON: Malissa T. Sutherland NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Cuban Museum, Inc. JUL1 6 2021 EXT. 1005 IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO TOTAL CONTRACT AMOUNT: $ 10.000 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) API PURPOSE OF ITEM (BRIEF SUMdMARY): The attached API ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT >mendment is being routed tier review sienature. The API allocation Is from the Mayor's Office. The entit. Cuban Museum. Inc.. was unable to complete their programming due to Covid-I9. This amendment will allow them time to complete their programming. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 7/7/21 PRINT:LILLLYN BLONDET SIGNATURE: , •'G.a-` SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET N/A PRINT:LEON MIICHEL SIGNATURE: SUBMITTED TO RISK MANAGEMENT 7/7/21 PRINT: ANNN-MARIE SHARPE SIGNATURE: SUBMITTED TO CITY ATTORNEY Matter ID: 21-1534 D.J.G. 7/15/21 PRINT: VICTORIA MENDEZ a,.,�sy.L 7r SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER 7/i/J.j PRINT:FERNANDO ASAMAYOR SIGNAT I RECEIVED BY CITY MANAGER liZIIW PRIN • ARTHU : . -4 • .71`' SINAi' . 1) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTORNEY'S OFFICE, 3) REMAINING ORIGINAL(S) TO ORIGINATING DEPARTMENT PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER FIRST AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND Cuban Museum, Inc. 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 2ndAvenue, Miami, FL 33130 ("CITY"), and Cuban Museum, Inc. , a Florida not for profit corporation , located at 1200 Coral Way, Miami, F133145 ("RECIPIENT") is entered into as of this :fir,./ day of , 20021. The CITY and RECIPIENT may each be referred to as a "Patty" and may collectively be referred to as the "Parties." RECITALS: WHEREAS, the CITY, pursuant to Resolution No. 20-0011 , the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of Ten Thousand Dollars ($ 10,000.00 ); and WHEREAS, the CITY and RECIPIENT, on 3/23/20 , 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 23, 2020 to January 23, 2021 ; and WHEREAS, the City of Miami ("City") declared a State of Local Emergency on March 12, 2020; and WHEREAS, pursuant to the State of Local Emergency, the City has taken all prudent actions necessary to protect the health, safety, and welfare of the community; and WHEREAS, the aforementioned Recipient has experienced unforeseen delays in their programming created by the COVID-19 pandemic; and WHERAS, the City wishes to extend the term of the agreement for one year, 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 until January 23, 2022 3. Page 1, Terms (2), will be updated to reflect the new Term end date. 4. 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. 5. All other terms and conditions of the API agreement remain in effect and unmodified. EN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: Todd B. HarinoaDate City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: By: a s p e/6/s Victoria Mendez Date City Attorney D.J.G. Matter ID: 21-1534 ATTEST: Print Name: 4.-.\ Title: \ 1 s-4 "CITY" CITY OF MIANII, a municipal corporation of th .tate of Florida By: Arthur Nor ega V •ate City Manag APPROVED AS TO INSURANCE REQUIREMENTS:_ By: Ann -Marie Sharpe Date Director Risk Management "RECIPIENT" Cuban Nluseum, Inc. A Florida Not -For -Profit Corporation Print Name: Title: L x��•.�', ��ti<0,� Date: 1 I Z4 Date: .) 11 I �' -j CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") is entered into this 23 day of March , 20 20 by and between the CITY OF MIAMI, a municipal corporation of the. State of Florida, located at 444 SW rd Avenue, Miami, .FL 33-130 ("CITY"); cubari Museum, Inc. and , a Florida not for profit corporation, located at 11200 Coral Way, Miami, Fl 33145 ("RCIPIENT"). 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 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 RECIPIENT submitted a Request for API Funding to the City; and WHEREAS, the CITY adopted Resokition No. it_ 20 _OM on January 23 , 2020 Wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of Ten Thousand 10600 dollars ($, .00) ("Funds"), attached and incorporated as Exhibit "A"; 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 Janu'arY 23 , 202and shall continue until January 23 3. GRANT OF FUNDS: Subject to the terms and conditions set forth herein and RECEIPIENT'S compliaride 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. Page .1 CUBAMUS-01 XMAYNOLDI ACORO' CERTIFICATE OF LIABILITY INSURANCE ki.....------. DATE(MMIDDIYYYY) 6/30/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 tha certificate holder in lieu of such endorsement(s). PRODUCER License # L096220 JAG Insurance Group, LLC 999 Ponce De Leon Blvd Suite 800 Coral Gables, FL 33134 CONTACT NAME: PHONE (NC, No, Ext): (305) 842-3600 1 FAX (Alc, N0):(305) 842-3600 E-ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:FCCI INSURANCE COMPANY 10178 INSURED Cuban Museum, Inc. 1200 SW 22ND Street Miami, FL 33145-2927 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY GL 100069956 00 5/18/2021 5/18/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADVINJURY S 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 EPL $ 100,000 AU A _ _ LIABILITY SCHEDULED AUTOS��pp AUUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accidentDAMAGE $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ 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 N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT S 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) CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd 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 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Grants Administration DEPT. CONTACT PERSON: Melissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTYIENTITY: Cuban Museum Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? TOTAL CONTRACT AMOUNT: S10,000.00 FUNDING INVOLVED? 4 YES El NO TYPE OF AGREEMENT: 0 MANAGEMENT AGREEMENT 0 PROFESSIONAL SERVICES AGREEMENT CD GRANT AGREEMENT 0 EXPERT CONSULTANT AGREEMENT LICENSE AGREEMENT OTHER (PLEASE SPECIFY) ANTI -POVERTY INITIATIVE AGREEMENT (APIA PURPOSE OF ITEM (BRIEF SUMMARY): The attached agreement is being routed for review and sienature. The API allocation by the Mavor to Cuban Museum. Inc. for S10,000 was approved bv the Commission on 117.3/20. COMMISSION APPROVAL DATE: 1/23/20 FILE ID: 7047 ENACTMENT NO.: R-20-001I IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: Chyglisa 145' alike o YES NO O PUBLIC WORKS AGREEMENT 0 MAINTENANCE AGREEMENT 0 INTER -LOCAL AGREEMENT 0 LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT - -, ROUTING INFORMATION Date PLEASE PRINT AND SIGN PRINT: Lillian Blon SIGNrURE: APPROVAL BY DEPARTMENTAL DIRECTOR SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGE 2IeIzt. ... SUN. / ....... **V . A 3., - . ,..„ . .. SUBMITTED TO RISK MANAGEMENT " i P T: • S1GNA : X4%4 SUBMITTED TO CITY ATTORNEY io coe PRINT: ...- S1GNA 0.. *4' APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGINATURE: APPRQVAL BY D CITY MAN PFUNT: sR M4I. RECEIVED BY CITY MANAGER ''' PRIN S1GNAT I ) ONE ORIGINAL TO CITY CLERK, 2) ONE COPY TO CITY ATTONE'S OFFICE, 3 REMAINING ORIGINALIS) TO ORIGINATING DEPARTMENT , PRINT: SIGNATURE: PRINT: SIGNA'TURE: PRINT: SIGNATURE: __......... AI II lk MIL Al AN I Sine &Pre!' WU/VT MEM HOW PLEASE ATTACH EXECUTION BY THE CITY MANAGER CITY OF MIAMI O F}ICE OF THE CITY ATTORNEY MEMORANDUM TO: Malissa T. Sutherland, Administrative Assistant II Grants Administration - COM FROM: Xavier E. Alban, Assistant City Attorney DATE: March 12, 2020 RE: Cuban Museum., Inc. -Allocation from the Mayor's Office in the amount of $10,000 Matter ID No.: 20-19k Enclosed please find the captioned agreement which has been approved by the City Attorney as to form and correctness. Once this agreement has been fully executed please file one original agreement with the City Clerk as the official record, please keep one original agreement as your Department record, and please e-mail a copy of the fully executed agreement to my assistant at JMDeloro®miamigov.coin. We will be closing our file on this matter unless additional services are requested. If you have further questions, please feel free to contact me at 305-416-1800. Enclosure(s) WHEN RETURNING THIS CONTRACT TO THIS OFFICE FOR FURTHER REVIEW, PLEASE IDENTIFY AS 20-19k Doc. No.: 1307128 CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") is entered into this ' 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 CCITY"), Cuban Museum, Inc. and a Florida not for profit corporation, located at 1200 Coral Way, Miami, Fl 33145 ("RECIPIENT"). The CITY and the RECIPIENT may each be referred to as a "Party" and may collectively he referred to as the "Parties." WHEREAS, the 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 RECIPIENT submitted a Request for API Funding to the City; and WHEREAS, the CITY adopted Resolution No. on January 23 , 2020 , wherein the CITY approved providing funds to the RECIPIENT in the nor to exceed amount of Ten Thousand dollars is 10,000 .00) ("Funds"), attached and incorporated as Exhibit "A"; 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 aretrue and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: The term of this Agreement shall commence on January 2 9820 and _A shall continue until January 23 202t 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 theRECIPIENT 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. Page 1 City of Miami API Funding Agreement* Cuban Museum, Inc. 4. USE OF FUNDS: The Funds shall he 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 • Ten Thousand dollars ($ 10,000 .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 Form 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 (ACI-1) 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 API 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 term hereof. Without limiting of 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 1.8-102 of the Code of the City of Miami, Florida, as amended ("City Code"), are deemed as being 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 that RECIPIENT shall cooperate with the CITY in the performance of these activities. The CITY may, at reasonable times, and for a period of up to three (3) years following the termination of this Page 2 City of Miami API Funding Aureement Cuban Museum, Inc. 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, andfor 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 with regard to the Funds and that in order to enable the CITY to comply with its record keeping and reporting requirements„ RECIPMNT 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 termination 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 and trained to perform the tasks assigned to each. Page 3 City of Miami API Funding Agreement Cuban Museum, Inc. 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 indeninitees, 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 harndess the Indemnitees from and against (1) any and all Liabilities Page 4 City of Miami API Funding Agreement Cuban Museum, Inc. imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to RECIPIENT'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 API Grant funds shall immediately revert to the possession and ownership of the CITY and RECIPIENT shall transfer to the CITY all unused API 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 ofa 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 perform 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 C1TY in the procurement of the Services, including consequential and incidental damages. 12. CITY'S TERI\'HNATIO.N. 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 Page 5 City of Miami API Funding Agreement Cuban Museum, Inc. 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 ofthe 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 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 C[TY 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.ff 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: (I) 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 terminate the current API Program Funds awarded to the RECIPIENT. (4) Withhold further API Program funding for the RECIPIENT. (5) Take ail such other remedies that may be legally available; 14. MARKETINC: RECIPIENT shall consult with 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 Page 6 City of Miami APE Funding Agreement Cuban Museum, Inc. 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 term 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 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 performance 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" 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 Page 7 City of Miami API Funding Agreement Cuban Museum, Inc. 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" had one or more public transactions (Federal, State, or local) terminated for cause or default. 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 CITY Cuban Museum, Inc. 1200 Coral Way Miami, Fl 33145 Attn: Ana .Sexton and Carmen Valdivia City of Miami Office of Grants Administration 444 SW 2nd Avenue, 5th Floor Miami, FL 33130 Attn:•Lillian Siondet, Director With copies to: Office of the City Attorney 444 SW 2nd Avenue, Suite 945 Miami, FL 33130 Attn: Victoria Mendez, City Attorney Page 8 City of Miami API Funding Agreement Cuban Museum, Inc. 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 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. 2ND 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 Page 9 City of Miami API 'Funding Agreement Cuban Museum, Inc. Miami -Dade County, Florida. and the parties explicitly agree to the use of this venue. The term "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 Ageement, 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 ofthe 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 any other action. The provisions of this paragraph have been Wily 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 arefor 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 terms of this Agreement shall control. ll. 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, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmoditiedrand in full force and effect or limitation of its use. Page 10 City of Miami API Funding Agreement Cuban Museum, Inc. 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 ofthiS 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 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 performance of such part>,7's obligations and the certifications hereunder have been duly authorized Page 11 City of Miami API Funding Agrccment Cuban Museum, Inc. 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, neeotiationS, 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. [Remainder intentionally left blank; Signature page to follow] Page 12 City of Miami API Funding Agreement Cuban Museum, Inc. 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: Todd B. Hannon, APPR9. D AS -TO FORM AND CORXECTI)I ATTEST: Print Name: Title: CLA-1-1- r a Print Name: Title: Executive Director "CITY" CITY OF MIAMI, a municipal corporation of the State of Florida By: Art Norie APPROV REQU n-Marie isk Manag "RECIPIENT" Cuban Museum, Inc, A Florida Not -For -Profit Corporation By: 6-) Carmen Valdivia Page 13 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI RESOLUTION City of Miami Legislation Resolution Enactment Number: R-20-0011 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7047 Final Action Date:1/2312020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE ALLOCATION OF GRANT FUNDS FROM THE MAYOR'S SHARE OF THE CITY OF MIAMI'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS ($10,000.00) TO CUBAN MUSEUM, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("CUBAN MUSEUM"), IN SUPPORT OF THE CUBAN MUSEUM CULTURAL PROGRAMS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, ALL IN A FORM 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, Cuban Museum, Inc., a Florida not for profit corporation ("Cuban Museum"), is seeking funding in support of its Cuban Museum Cultural Programs ("Programs"); and WHEREAS, the Program, described in further detail in the API Funding Request Form, attached and incorporated as Exhibit "A," will provide access to cultural and educational programs (e.g., Sunday Senior Matinees, Weekday Children Guided Tours, Thursday Cuban Literature Appreciation, Saturdays at the Museum) to the public; and WHEREAS, pursuant to Section 18-72 of the Code of the City of Miami, Florida, as amended ("City Code"), the Mayor wishes to provide grant funds from the Mayor's share of the City's API in an amount not to exceed Ten Thousand Dollars ($10,000.00) ("Funds") for the Program; and WHEREAS, the City Manager is requesting authority to negotiate and execute any and all documents necessary, all in a form acceptable to the City Attorney, for the allocation of 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. The City Manager is authorized', pursuant to Section 18-72 of the City Code, to allocate Funds from the Mayor's share of the City's AP! to the Cuban Museum for its Programs. 'The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 3. The City Manager is further authorized to execute any and all documents necessary, all in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: dez, City ttorjey 1/13/2020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK Insert Pages 2 & 3 from Anti -Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background Information: American Museum of the Cuban Diaspora was founded to promote and preserve the history, culture and art of the Cuban Diaspora. The museum offers guided tours to students from kindergarten to university level, art and cultural exhibitions, cultural conversations and hosting of international groups interested in exile culture. Is your program/project providing direct services to residents of the City of Miami? YesENo❑ Number of residents your entity will serve: Frequency of Service: Age Group Served: 250 1 day per week 5 to 95 Is your program/project impacting one of Miami's disadvantaged communities? Yes ®No ❑ Geographic Area Served (specific to this project/program) District Served (1, 2, 3, 4, 5, Citywide) Citywide Neighborhood/Community being served: Program/Project Priority area (Select one): IY C C C P Little Havana/Miami Roads Educational Programs for children, youth and adults Crime Prevention Elderly meals, transportation, recreational and health/wellness related activities At -risk youth or youth summer job programs Transportation services and programs Job development, retention and training programs Homeless Services Return this form to: mtrevino@miamigov.com Last revised: September 16, 2019 Page 2 of 5 City of Miami Anti -Poverty Initiative Program - Funding Request Form Program/Project Title: Cuban Museum Cultural Programs. Project/Program Description: Cuban Museum Cultural Programs to Include: Sunday Senior Matinees, Weekday Children Guided Tours, Thursday Cuban Literature Appreciation, Saturdays at the museum. Auditorium will host film presentations, artists, cultural directors, book presentations, etc., while educational tours will take place at the gallery. Program Start Date: January 2020 Program End Date: On -going Please describe how this program/project and funding will alleviate poverty within the City of Miami? The program will provide access to cultural and educational programs to anyone with or without resources thus enhancing the cultural fabric of the City including its underprivileged residents. IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/program: There will be a sign -in log at the registration desk to document City of Miami residency. Photographs of the events will be taken by museum staff. Please attach additional pages to the back of this packet, if the space above is not sufficient. Return this form to: mtrevino@miamigov.com Last revised June 6, 2019 Page3of5 ANTI -POVERTY _INITIATIVE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 4 from Anti -Poverty Funding Request Form City of Miami Anti -Poverty Initiative Program - Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ 10,000 Explain how the City of Miami Anti -Poverty funding will be utilized: The funds will be utilized for the Cuban Nlizieum's Weekly Cultural Programs: Sunday Senior Matinees, Weekday Children Guided Tours, Thursday Cuban Literature Appreciation, Saturdays at the museum and to underwrite some of the costs associated with the program which include professional services, such as lecturers, artists etc" as well as marketing. supplies and Stlaek.s for seniors' and children's tours, Itemize API funding related to expenditures below: Personnel Salaries & Wages: Personnel Benefits Space: Utilities (Electricity, Phone, Internet): Supplies: $1920 Marketing: b2000 Transportation (Participants): Meals (Participants): $2080 Professional Services (List each): 4000 Other (please describe): Other (please describe): Other (please describe): Return this form to: mtrevino@miamigov.com Last revised June 6, 2019 Page 4 of 5 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" API AGREEMENT COMPOSITE EXHIBIT " ,D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, up to the sum. of $ I0,000 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: One Payment 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. ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT E - INSURANCE REQUIREMENTS Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $300,000 General Aggregate Limit $600,000 Personal and Adv. Injury $300,000 Products/Completed Operations $300,000 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 Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 300,000 B. Endorsements Required City of Miami fisted as an additional insured III. 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 causedby disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage (if applicable) Combined Single Limit Each Claim General Aggregate Limit Retro 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. ACORIJ CERTIFICATE OF LIABILITY INSURANCE 4i1..„.-./ DATE(M?VD0J 02/03/2020 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 poticy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, 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 Avante Insurance Agency 7490 West F(agler Street Miami FL 33144 CONTACT Niurka Pena NAME: (Ai lya E 4Z (305) 848-7070 FAXfA/CNot(305) 6,48-7090 EMAIL n ena avanteinsurance.cam ADDRESS: p INSURERIS) AFFORDING COVERAGE NAIC p INSURERA: Maxum Indemnity Company 26743 INSURED Cuban Museum Inc. 1200 SW Coral Way Miami FL 33145 INsuRER6: Philadelphia Indemnity Insurance Co. 18058 INSURERC: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 19-20 Master Policy THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTP.NDING 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 FOLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INS!) SUBR WVD POLICY NUMBER POUCY EFF (MM1D01YYYY) POUCY EXP (MMJDDIYYYY) UMRS A X COMMERCIAL GENERAL LtABILITY Y 8DG-0104212-03 05/18/2019 05/18/2020 EACH OCCURRENCE 1.000,000 S • r5dv CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Me occurrence) $ 100,000 MED EX? (Any brie person) $ 5,000 PERSONAL &ACV INJURY $ 1,000,000 GEN'LAGGREGATE P POLICY OTHER: LIMIT APPLIES P3C- JECT PER: LOC GENERAL. AGGREGATE $ 2,000,000 PRODUCTS -CCA1PiOPAGG 3 Bodily injury limit(s) $ AUTOMOBILE — LIABILITY ANY AUTO AUTOS ONLY AU HIRED AUTOS ONLY . SCHEDULED— AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT /EJ accicemt $ BODILY INJURY (Per person) $ BODILY INJURY/Per accident; S PROPERTY DAMAGE r /Per ardent) S $ UMBRELLA UAB EXCESS LIAR _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE S DED RETENTION 5 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCRIPARTNER,ExECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary in NH) It yes. describe under DESCRIPTION OF OPERATIONS War. Y 1 N N 1 A PER OTH- STATUTE ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE- S E.L. DISEASE - POLICY LIMIT $ 8 Directors' & Officers Crime Coverage PHSD1480876 09/10/2019' 09/10/2020 1,000 Ded 5,000 Ded $1,000,000 $500,000 DESCRIPTION OF OPERATIONS' LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule, may be attached if mare space Is requ§red) City of Miami is added as additional insured under the General Liability with respect to a written contract, CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd 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 POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) w‘71 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered masks of ACORD • ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT F — CLOSE-OUT REPORT The Close Out Report must be completed at the end of the program. ��t���f��` ^ ~.^» ~,. ...k�0Q�Anti-Poverty Initiative Program Close -Out Report Date: Allocation Amount: Title: Recipient's Name: Redptent.!s Address: Please provide the information inreference tuall the services provided with the City ofMiami Anti -Poverty Program Start Date and End Date Program/Project Priority Area Description ofProject/Activity/Service District where Pmmlect/Activity/3emicewere Provided District 2,District 2'District 2'District 3'District 5and/or Citywide Location ofPnoject/Actk/ity/Gerv|ce(ie.Site, neighborhood, area) Total Number ofPeople Served Frequency ofProia#/Activity/Service |certify that the Program/Service was provided inaccordance to the City of Miami Anti -Poverty Initiative Program Guidelines Signature Type Name Return to: City nfMiami Office ofGrants Administration 444SWZndAVe.'S'�Floor Miami, FL33130 ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE .RESOLUTION MUSEUM OF AMERICAN TM D i ASPORA CORPORATE RESOLUTION WHEREAS, The Cuban Museum, Inc., dba the American Museum of the Cuban Diaspora, a Florida not -for -profit corporation, desires to enter into an Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Trustees 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 TRUSTEES that Marcell Felipe, Esq, (Board Chairman) Nelson Hernandez (Board Treasurer), and Carmen Valdivia (Executive Director) are 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 6th day of February 2020. ATTEST: