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HomeMy WebLinkAbout23437AGREEMENT INFORMATION AGREEMENT NUMBER 23437 NAME/TYPE OF AGREEMENT SUNSHINE FOR ALL , INC DESCRIPTION 2ND AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/SENIOR MEALS PROGRAM/FILE ID: 7789/R-20- 0255 / #66 EFFECTIVE DATE October 21, 2020 ATTESTED BY TODD B. HANNON ATTESTED DATE 10/21/2020 DATE RECEIVED FROM ISSUING DEPT. 8/5/2021 NOTE 2 3 t-t -4. CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Grants Administration DEPT. CONTACT PERSON: Malissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Sunshine for All, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ✓❑ NO TOTAL CONTRACT AMOUNT: $ 373,750.00 FUNDING INVOLVED? ❑✓ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) API Amendment ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): The attached amendment is being routed for review/signature regarding the API allocation from District 4 Commissioner's Sunshine for All, Inc COMMISSION APPROVAL DATE: 9 / 10 / 20 FILE ID: 7789 ENACTMENT NO.: R-20-0255 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: „ ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR PRINT:LILLIAN BLONDET SIGNATURE: SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET PRINT:CHRISTOPHER ROSE SIGNATURE: SUBMITTED TO RISK MANAGEMENT 9/17/20 PRINT: ANN-MARK SHARPE / SIGNATURE: SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA MENDEZ U w -z6 L. 7 ,. SIGNATURE: APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER j n i 9/(} PRINT: : Orip NORI A V SIGNAT Plif PRINT: - - SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: 1) ONE ORIGINAL TO mCITY CLERK, _......._,� . _._._.._.� E;_ 2) ONE COPY TO CITY .._. __....._....._..__.. ._.__......ATTO..._ _..._.�,.RNEY'S OFFICE; 3) REMAININGORIG INAL(S) TOORIGINATING_I, DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER 20200916 32_D4 Sunshine for All Amendment SECOND AMENDMENT TO ANTI -POVERTY INITIATIVE FUNDING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI, FLORIDA AND SUNSHINE FOR ALL, INC. This Second Amendment to the Anti -Poverty Initiative Funding Agreement ("Second Amendment") by and between the City of Miami, Florida, a municipal corporation of the State of Florida, located at 444 SW 2nd Avenue, Miami, FL 33130 ("CITY"), and Sunshine for All, Inc., a Florida not for profit corporation, located at 1407 SW 22 Street, Miami, FL 33145 ("RECIPIENT") is entered into as of this,-2/ day of °A , 2020. 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. R-19-0349, the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of One Hundred Seventy -Three Thousand, Four Hundred Twenty Dollars ($173,420.00) ("Initial Funds"); and WHEREAS, the CITY and RECIPIENT, on October 25, 2019, entered into an Anti - Poverty Initiative Funding Agreement ("API Agreement") to set forth the terms and conditions relating to the use of the Initial Funds; and WHEREAS, the CITY, pursuant to Resolution No. R-20-0104, the City approved providing Anti -Poverty Initiative ("API") Funds to the RECIPIENT in the not to exceed amount of One Hundred Seventy -Three Thousand, Four Hundred Twenty Dollars ($173,420.00) ("Secondary Funds"); WHEREAS, the CITY and RECIPIENT, on April 9, 2020, entered into an Anti -Poverty Initiative Funding Agreement Amendment ("API Amendment") WHEREAS, the CITY wishes to provide RECIPIENT with additional API Funds in an amount not to exceed Three Hundred Seventy Three Thousand Seven Hundred and Fifty ($373,750) ("Additional Funds") to continue the API Senior Meals Program as described in the API Agreement; and WHEREAS, the City adopted Resolution No. R-20-0255 on September 10, 2020 wherein the CITY approved providing the Recipient with the Additional Funds for the API Meals Program; and WHEREAS, the CITY agrees to execute this Second Amendment with the RECIPIENT to set forth the terms and conditions relating to the use of the API Funds and the Additional Funds by the RECIPIENT; NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the Parties agree as follows: 20200916 32_D4 Sunshine for All Amendment 1. The recitals are true and conect 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 September 30, 2021. 3. Paragraph 4.A. is amended to provide the recipient the not to exceed amount of Seven Hundred Twenty Thousand Five Hundred Ninety Dollars ($720,590.00). 4. Exhibit "D" in the API Initial Amendment is deleted and replaced with the Exhibit "D" attached and incorporated herein to this Second Amendment. 5. All other terms and conditions of the API agreement remain in effect and unmodified. (The remainder of this page is intentionally blank; Signature page to follow) 20200916 32_D4 Sunshine for All Amendment IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed by their respective officials thereunto duly authorized on the date above written. ATTEST: Todd B. Ha City Clerk ate APPROVED AS TO LEGAL FORM AND CORRECTNESS: "CITY" CITY OF MI I, a municipal corporatio the State of Florida By: 'C? ur Noriega V City Manager ate APPROVED AS TO INSURANCE REQUIREMENTS: By: 3azr •cd L 7 a/6/ By: 9/17/20 Victoria 1VY ndez Date City Attorney ATTEST: Print Name: Jorge L Huguet Title: Chief Financial Officer Ann -Marie Sharpe Date Director Risk Management "RECIPIENT" SUNSHINE FOR ALL, INC. A Florida Not -For -Profit Corporation Print Name: Mauricio Hanono Title: President 20200916 32_D4 Sunshine for All Amendment ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" 20200916 32_D4 Sunshine for All Amendment API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the RECIPIENT, up to the sum of $ 720,590.00 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: 15 payments a. The payments for the first allocation will be over four (4) payments from October 1, 2019 to March 31, 2020: i. First allocation payments: (1) October/November; (2) December/January; (3) February; (4) March ii. The March payment will be held until all reports are received and the 30,160 homebound meals are provided and confirmed by the monthly report. iii. Homebound meals to 232 participants 1 time per day from October 1, 2019 to March 31, 2020. b. The payments for the second allocation will be over four (4) payments from April 1, 2020 to September 30, 2020: i. Second allocation payments: (5) April/May; (6) June/July; (7) August; (8) September ii. The September payment will be held until all reports are received and the additional 30,160 homebound meals are provided and confirmed by the monthly report. This will bring the total meals for this agreement to 60,320. iii. Homebound meals to 232 participants 1 time per day from April 1, 2020 to September 30, 2020. iv. At the end of this allocation a total of eight (8) payments will have been processed. v. Senior residents, at least 62 years of age, of the City of Miami in District 4 (X) Monday, (X) Tuesday, (X) Wednesday, (X) Thursday, (X) Friday, Saturday, Sunday c. The payments for the third allocation will be over seven (7) payments from October 1, 2020 to September 30, 2021: i. Third allocation payments: (9)October/November; (10) December/January; (11) February/ March; (12) April/May; (13) June/July; (14)August; (15) September ii. The September payment will be held until all reports are received and the additional 32,500 homebound meals are provided and confirmed by the monthly report. This will bring the total meals for this agreement to 92,820. iii. Homebound meals to 250 participants 1 time per day from October 1, 2020 to September 30, 2021. iv. At the end of this allocation a total of fifteen (15) payments will have been processed. v. Senior residents, at least 62 years of age, of the City of Miami in District 4 (I) Monday, (X) Tuesday, (X) Wednesday, (X) Thursday, (X) Friday, _ Saturday, Sunday 20200916 32_D4 Sunshine for All Amendment 5. Any payments due under this Agreement may be withheld pending the receipt and approval by the CITY of all reports and informationdue from the RECIPIENT as a part of this Agreement and any modifications thereto. SIGNED: `f...P.,t,a.) STATE OF FLORIpA COUNTY OF ..+ -.bode, .:... ate The foregoing instrument was acknowledged before me this CI (9 t �0 by. :..0 s nin &(f\ 1 U slAcblavve, a` or c a not -for -profit corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. (SEAL) Print Notary ''pi,"•.,, CARMEN E. NAVARRO Commission # GG 050047 :._ .. ,.. .. ber 12, 2020 ifwTroyFalelnsuranc88OO.3 5d019• signature 20200916 32_D4 Sunshine for Ali Amendment Date: 9/8/2020 Send to: API Request for Payment Form Invoice Number: 1036 City of Miami Office of Grants Administration 444 SW 2nd Ave., 5th Floor Miami, FL 33130 Program/Project Title: Recipient's Name: Recipient's Address: API Elderly Meals Sunshine For All, Inc. 1407 SW 22 Street Miami, F133145 I hereby request payment in the amount of $ 62,291.66 for expenses incurred in relation to the City of Miami Anti -Poverty Initiative Activity/Program/Services provide below. Number of People Served/Location of Services Service Description Rate Amount 250 API Elderly Meals Program for October and Novmcber 2020 at a rate of $31,145.83 Per Month $31,145.83 $62,291.66 TOTAL: $ 62,291.66 I certify that the Program/Service was provided in accordance to the approved Program/Project as described in the API Fundi g Request Form and that expenses were incurred in the provision of said Program/Service. Autho 'zed Representative Signature 9/8/2020 Date Mauricio Hanono Type Name President Title: 20200916 32_D4 Sunshine for All Amendment City of Miami Legislation Resolution Enactment Number: R-20-0255 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7789 Final Action Date:9/10/2020 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 ("CITY CODE"), BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDINGS, 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; AUTHORIZING THE ALLOCATION OF ADDITIONAL GRANT FUNDS FROM THE DISTRICT 4 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE ("API") IN A TOTAL AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($373,750.00) TO SUNSHINE FOR ALL, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("SUNSHINE FOR ALL"), IN SUPPORT OF SUNSHINE FOR ALL'S API SENIOR MEALS PROGRAM, RESULTING IN A TOTAL ALLOCATION AMOUNT OF SEVEN HUNDRED TWENTY THOUSAND FIVE HUNDRED NINETY DOLLARS ($720,590.00); FURTHER EXTENDING THE CURRENT API AGREEMENT FOR ONE (1) ADDITIONAL YEAR AND 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, Sunshine for AII, Inc., a Florida not for profit corporation ("Sunshine for All"), is seeking funding to continue its API Senior Meals Program which provides meals to low- income homebound elderly residents ("Program") in the City's District 4 in addition to providing case management, social service referrals, homemaker, and companionship services; and WHEREAS, on September 20, 2019, the City Commission approved Resolution No. R- 19-0349 allocating One Hundred Seventy Three Thousand Four Hundred Twenty Dollars ($173,420.00) from the City's District 4 API funding to Sunshine For All for the Program from October 2019 to March 2020; and WHEREAS, on April 13, 2020, the City Commission approved Resolution No. R-20-0104 allocating an additional One Hundred Seventy Three Thousand Four Hundred Twenty Dollars ($173,420.00) to Sunshine for All for the Program and extending the contract to September 30, 2020; and WHEREAS, the District 4 Commissioner wishes to extend the existing agreement to September 30, 2021 and provide additional grant funds in an amount not to exceed Three Hundred Seventy Three Thousand Seven Hundred Fifty Dollars ($373,750.00) ("Funds") for the Program for a total allocation of Seven Hundred Twenty Thousand Five Hundred Ninety Dollars ($720,590.00); and 20200916 32_D4 Sunshine for All Amendment 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 said Funds for the Program and said procedures should be waived; 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 said 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. Pursuant to Section 18-85(a) of the Code, by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, the City Manager's written findings, attached and incorporated as Exhibit "A," that competitive negotiation methods and procedures are not practicable or advantageous for the City's provision of said Funds for the Program and waiving the requirements for said procedures are hereby ratified, approved, and confirmed. Section 3. The City Manager is authorized' to allocate the Funds from the District 4 share of the City's API to Sunshine for All for a total allocation of Seven Hundred Twenty Thousand Five Hundred Ninety Dollars ($720,590.00) and to extend the contract to September 30, 2021. Section 4. The City Manager is further authorized' to 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: 8/28/2020 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. 2393 20200916 32_D4 Sunshine for All Amendment