HomeMy WebLinkAbout23632AGREEMENT INFORMATION
AGREEMENT NUMBER
23632
NAME/TYPE OF AGREEMENT
AGAPE 4 ORPHANS INTERNATIONAL, INC.
DESCRIPTION
ANTI -POVERTY INITIATIVE AGREEMENT/AGAPE
ENRICHMENT SUMMER ACADEMY 2020/FILE ID: 7393/R-20-
0132/#29
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/17/2020
DATE RECEIVED FROM ISSUING
DEPT.
10/28/2021
NOTE
CITY OF MIAMI ✓) t.13a
DOCUMENT ROUTING FORM O(
ORIGINATING DEPARTMENT: Office of Grants Administration
DEPT.- CONTACT PERSON: Malissa T. Sutherland
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Agape 4 Orphans International, Inc.
EXT. 1005
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑■ NO
TOTAL CONTRACT AMOUNT: $ 41,425.0o FUNDING INVOLVED? ❑■ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
El GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
El PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
El INTER -LOCAL AGREEMENT
El LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) API Agreement
PURPOSE OF ITEM (BRIEF SUMMARY): The attached API agreement is being routed for review/signature. The allocation from the Mayor's
office to Agape 4 Orphans Intemational, Inc. for $41,425 was approved by the Commission for the Agape Enrichment Summer Academy 2020.
COMMISSION APPROVAL DATE: 04 / 23 / 2020 FILE ID: 7393 ENACTMENT NO.: R-20-0132
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
5/11/20
PRINT:LILLIAN RI .f1NnF.T
SIGNATURE: 4//a1i.�---,Lf
SUBMITTED TO OFFICE OF MANAGEMENT AND
BUDGET
PRINT:CHRISTOPHER ROSE
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
June 8, 2020
PRINT: ANN-MA HARPE
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
PRINT: VICTORFL MENDEZ
9G!2ytG.6 Z.- i/i
SIGNATURE:
APPROVAL BY ASSISTANT CITY MANAGER
Allocation was approved by the Board. Ok to Proceed!
06/15/2020
PST: Sandra Bridgeman
SIGNATURE:
RECEIVED BY CITY MANAGER.
PRINT: AR HUR NORIEGA V
Y
SIGN •
1)
2)
3)
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
(BJ;IVEIO:RIG1f1VISTiOIOTiYICLERKI
o'NE COPY TO CITY ATTORNEY'S OFFICE
REMAINING ORIGINAL►(,S;)jTiOIORGINraiNel
DEP' umENIi
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
20200508 11_Mayor API Agape Agreement
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
("CITY"), and Agape 4 Orphans International, Inc.' a Florida not for profit corporation, located at
3330 Frow Avenue, Suite #A, Coconut Grove, Fl 33133 ("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 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. R- 20 _ 0132 on Apri123 , 20 20
wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of
Forty one thousand four hundred twenty five dollars ($ 41,425 .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 • April 23 , 20 20 and
shall continue until April 23 , 20 21.
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.
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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
Forty one thousand four hundred twenty five dollars ($ 41,425 .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
(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
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 maybe 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
18-102 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
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reasonable times, and for a period of up to three (3) years following the termination ofthis
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 with regard to 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 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.
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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 harmless the Indemnitees from and against (i) any and all Liabilities
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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 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 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 CITY in the 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
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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 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 terminate the current API Program Funds
awarded to the RECIPIENT.
(4) Withhold further API Program funding for the RECIPIENT.
(5) Take all such other remedies that may be legally available.
14. MARKETING: 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 20200508 1 1 Mayor API Agape Agreement
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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 20200508 11 Mayor API Agape Agreement
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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
Agape 4 Orphans International, Inc.
3330 Frow Avenue, Suite #A
Coconut Grove, F133133
Attn: Michael Bryant
CITY
City of Miami
Office of Grants Administration
444 SW 2nd Avenue, 5th Floor
Miami, FL 33130
Attn: Lillian Blondet, Director
With copies to:
Office of the City Attorney
444 SW 2nd Avenue, Suite 945
Miami, FL 33130
Attn: Victoria Mendez, City Attorney
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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
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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 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 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 terms of this Agreement shall control.
D. 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 unmodified and in full
force and effect or limitation of its use.
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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
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 party's obligations and the certifications hereunder have been duly authorized
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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
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]
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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.
AlIhST:
APPROVED AS TO FORM AND
CORRECTNESS:
5y.. 7fie v e/6f
Victoria
City Attorney
ATTEST:
"CITY"
CITY OF MIAMI, a municipal
corporation of the State of Florida
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management
"RECIPIENT"
Page 13
hans International, Inc.
20200508 1 1_Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT A - CITY OF MIAMI RESOLUTION
20200508 11 Mayor API Agape Agreement
City of Miami
Legislation
Resolution
Enactment Number: R-20-0132
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7393 Final Action Date:4/23/2020
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 IN A
TOTAL AMOUNT NOT TO EXCEED FORTY ONE THOUSAND FOUR HUNDRED
TWENTY FIVE DOLLARS ($41,425.00) TO AGAPE 4 ORPHANS INTERNATIONAL,
INC., A FLORIDA NOT FOR PROFIT CORPORATION, IN SUPPORT OF THE AGAPE
ENRICHMENT SUMMER ACADEMY 2020; 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, Agape 4 Orphans International, Inc., a Florida not for profit corporation
("Grantee"), is seeking funding in support of the Grantee's Agape Enrichment Summer
Academy 2020 ("Academy"); and
WHEREAS, the Academy, described in further detail in the API Funding Request Form,
attached and incorporated as Exhibit "A," will provide programming for children diagnosed with
special needs during the summer months by teaching them social skills, coping skills, anger
management skills, and employment skills aimed at achieving job placement to decrease the
likelihood of future dependence on social institutions ("Program"); 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 Forty One Thousand Four Hundred Twenty Five Dollars
($41,425.00) ("Funds") for the Grantee's Program; and
WHEREAS, the City Manager is requesting authority from the City Commission 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 Grantee's 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 18-72 of the City Code, the City Manager is authorized to
allocate Funds from the Mayor's share of the City's API to the Grantee for the Program.
Section 3. This Resolution shall become effective immediately upon its adoption.
20200508 1 1_Mayor API Agape Agreement
APPROVED AS TO FORM AND CORRECTNESS:
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
20200508 11_Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT B — SCOPE OF WORK
Insert Pages 2 & 3 from Anti -Poverty Funding Request Form
20200508 1 1_Mayor API Agape Agreement
ity of Miami
Anti-Pove Initiative Program
Fundi g Request Form
ORGANIZATION AND PROGRAM/PROJECT' INFORMATION
Organization History and Background Inf rmation:
For ten years, Agape 4 Orphans International, Inc. of Coconut Grove, Florida has been at the forefront of youth
development. We have worked with over 500 p1 children with disabilities, special needs and the disadvantaged.
Going forward, we are dedicated to ensuring that . 1 of oil community youth will have a greater access to summer
services and programs geared for children with sp cial needs. This will help them contribute & shape our furtures.
Is your program/project providing direct services to residents of the City of Miami? Yes 1No❑
Number of residents your entity will serve: 50
Frequency of Service: 7 weeks
Age Group Served: 5-18 of ages
Is your program/project impacting one of Miami's disadvantaged communities? Yes EN ❑
Geographic Area Served (specific to this!project/program)
District Served (1, 2, 3, 4, 5, Citywide) Citywide
Neighborhood/Community being se ed: Coconut Grove
Program/Project Priority area (Select on :
1: Educational Programs for chil+ ren, youth and adults
Crime Prevention
ElElderly meals, transportation recreational and health/wellness related activities
❑✓ At -risk youth or youth summ r job programs
nTransportation services and + rograms
ElJob development, retention and training programs
Homeless Services
Return this form to: mtrevino@miamigov.com
Last revised: September 16, 2019
Page 2 of 5
20200508 1 1_Mayor API Agape Agreement
•
City
Anti -Poverty Initiative
Program/Project Title: Agape Enrichment
i . .
of Miami
Program - Funding Request Forrp
Summer Academy 2020
Project/Program Description: Our summer
services provide programming for children with special needs.
We answer desperately the needs of services that are not
available during the summer months when the school ycarhas ended.
Agape Summer Academy uses Summer Brain Gain
and Starfall Sofeware for academic curriculum as it educational
component. This program provide two months of glade
level equivalency summer learning skills and services.
Program Start Date: June 15, 2020
Program End Date:: August 4, 2020
Please describe how this program/project
Miami?
Please see attached page and propsal for Agape E
nd funding will alleviate poverty within the City of
'chment Summer Academy. This will serve as our 4th
year providing summer services for children with special
needs and disabilities in Coconut Grove, Florida.
IMPACT AND PERFORMANCE:
Describe overall expected outcomes and performance
Please see attached page. All services is provided FREE
measures for this project/program:
for all who meets the application process.
Please attach additional pages to the back
of this packet, if the space above is nit
su :dent
Return this form to: mtrevino@miamigov.com
Last revised: September 16,.2019
Page 3 of 5
20200508 1 1_Mayor API Agape Agreement
City of Miami
Anti -Poverty Initiative Program -Funding Request Form.
Agape 4 Orphans International, Inc.
Attachment Page:
Describe Program: If granted the funding, the funds will be used for the following. in an effort
to meet the needs of disadvantage at risk students that are diagnosed as special needs. The
goal is to be able to be a resource to the parents, families, and community in order that they
become educated about the condition of Autism. This will help dispel any myths about the
condition.
One of the objectives of the program is tol teach these individuals social skill along with
employment skills so that these individuals will be able to function in main society and feel
good about themselves. When this happens, the likelihood of these individuals depending on
social systems has been reduced, and they no longer have to depend totally on social
institutions.
Impact and Performance: The impact will be measured by making sure that a percentage of
these individuals meet specific benchmarks within a certain period of the course -of the term for
the programs. The goals will be outlined by the consultani and measured to make sure that
individuals in the project are meeting the defined goals. (1.G.) Outcome: Student will learn
social skills, Student will learn Coping Skills, and Student vt ill learn how to utilize Anger
Management Skills. After student has completed the first module student will move to the
employment module. Student will be screened for job readiness, Student will be placed on a
job through a job developer, Student if employed will be (monitored weekly by developer to
check on progress or tack of progress. All I articipant, successful at the completion of post-
secondary of this program will give an evaluation of the oiJtcome of this summer project. Any
challenges that the student is having will a addressed by the Job Developer/Job Coach. This
will be available at the report closure of p oject to stakeholder at their request.
20200508 11_Mayor API Agape Agreement
Exe
utive Summary
For ten years, Agape 4 Orphans International, Inc. of Coconut Grove, Florida has
been at the forefront of youth development. We have worked with over 500
disadvantaged young people that other youth serving organizations have struggled to
reach. Going forward, we are dedicated to ensuring that all of our community's young
people have greater access to programs that will help them shape great futures.
One type of program that is desperate y needed in our community is summer
programming with a strong academic component. Numerous studies show that most
youth lose about two months of grader evel equivalency in mathematical computation
skills over the summer months. Low i come youth also lose more than two months in
reading achievement. As a matter of ct, two-thirds of the ninth grade reading
achievement gap between disadvanta ed students and their more advantaged peers
can be explained by unequal access t summer learning opportunities during the
elementary school years.
To address this need, Agape Summer Academy has developed and tested a new
program called Summer Brain Gain. ummer Brain Gain adds engaging, educational
activities to the typical summer camp xperience and is for youth ages 5 to 18. While
the average low-income U.S. student I st at least two months of learning last summer,
the average Summer Brain Gain parti ipant did not experience learning Toss. Moreover,
many of our camper actually experien d gains in learning especially in vital 21st
century skills, like collaboration and cri ical thinking. This is very encouraging, given that
most youth experience significant summer learning loss.
To maximize our impact over the summer, Agape Enrichment Academy of Coconut
Grove, Florida is requesting funding from The City of Miami to implement Agape
Enrichment Academy Summer Servi es. To implement a full seven weeks successful
summer academy with all operational ost to our institution, we request the amount of
$41,425.00. A detailed breakdown of ow these dollars will be allocated can be found in
this proposal's Budget and Plan for Su tainability.
Agape 4 Orphans International, Inc. seeks to help our community's youth become
responsible, caring, productive citizen . Agape 4 Orphans International, Inc. of
Coconut Grove, Florida has the staff and tools necessary to see this vision come to
life. We thank you for considering this request. Together, we can ensure that our
community's youthgo on to have great futures.
20200508 11_Mayor API Agape Agreement
Statement of Need
Now more than ever, community partners play a critical role in shaping the lives of
America's young people. Agape Enrichment Academy is a uniquely positioned to make
a significant difference. We engage the youth who need us most and provide programs
that will help youth develop positive outcomes and achieve great futures.
One type of program that is desperately needed across the nation is summer
programming with a•strong academic component. Numerous studies show that most
youth lose about two months of grade -level equivalency in mathematical computation
skills over the summer months. Low income youth also lose more than two months in
reading achievement. As a matter of fact, two-thirds of the ninth -grade reading
achievement gap between disadvantaged students and their more advantaged peers
can be explained by unequal access to summer learning opportunities during the
elementary school years.
Our community faces these issues outlined in the national research. In Miami
Dade County, 11.20% local dropout rate and other relevant statistics and
information demonstrating educational needs of local youth, including
demographic characteristics of the youth population served by Miami Dade
County, statistics from schools on standardized test scores, or other related data.
20200508 11_Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT C — BUDGET
Insert Page 4 from Anti -Poverty Funding Request Form
20200508 11 Mayor API Agape Agreement
C y of ilNliami
Anti -Poverty Initiative ' rogram - Funding Request Form
FUNDING REQUEST INFORMATION:
Amount Requested: $_41,425.00
Explain how the City of Miami Anti-Povert funding will be utilized:
The Agape Enrichment Summer Academy will u ' ed all of the City Anti -Poverty funding for the sole purpose
outlined in this grant propsal attached. All applicants will receive all summer services for free. Our target goal is
at risk youth, children with special needs and low
ncome students referred by their social workers or teachers.
Itemize API funding related to expenditur
Personnel Salaries & Wages:
Personnel Benefits
Space Rental:
Utilities (Electricity, Phone, Intern
Supplies:
Marketing:
Transportation (Participants):
Meals (Participants):
Professional Services (List each):
Other (please describe):
Other (please describe):
Other (please describe):
s below:
$ 9960.00
tl:
$0
$ 5200.00
$_ 1300.00
$ 1570.00
$0
$ 4200.00
so
4350.00 Occup/Phys. Therapist.
8136.00 camp swim storage & Computers
5504.00 Field Trips & Van Fuel pick up
1205.00 4aning Supplies and Background checks
Return this form to: mtrevino@miamigov.com
Last revised: September 16, 2019
Page 4 of 5
20200508 11_Mayor API Agape Agreement •
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
COMPOSITE EXHIBIT "D"
20200508 1 1_Mayor API Agape Agreement
API AGREEMENT
COMPOSITE EXHIBIT "D"
PAYMENT SCHEDULE
1. The CITY shall pay the RECIPIENT, up to the sum of $ 41,425 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 time 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.
20200508 11 Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT E — INSURANCE REQUIREMENTS
I. 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
II. 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 listed as an additional insured
20200508 11 Mayor API Agape Agreement
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 caused by 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.
20200508 11 Mayor API Agape Agreement
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BELOW: THIS CERTIFICATE OF INSURANCE ,DOES NOT :CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORWED '..
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the prilioy(ies).inust be endorsed. If .SUBROGAT1ON :IS WAIVED, subject to
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20200508 1 l_Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT F — CLOSE-OUT REPORT
The Close Out Report must be completed at the end of the program.
20200508 11 Mayor API Agape Agreement
City of Miami
Anti -Poverty Initiative Program Close -Out Report
Date: Allocation Amount:
Program/Project Title:
Recipient's Name:
Recipient's Address:
Please provide the information in reference to all the services provided with the City of Miami Anti -Poverty
Initiative:
Program Start Date and End Date
,
Program/Project Priority Area
Description of Project/Activity/Service
District where Project/Activity/Service were
Provided
District 1, District 2, District 2, District 3, District 5 and/or
Citywide
Location of Project/Activity/Service (ie. Site,
neighborhood, area)
Total Number of People Served
Frequency of Project/Activity/Service
I certify that the Program/Service was provided in accordance to the City of Miami Anti -Poverty Initiative Program
Guidelines
Signature
Date
Type Name
Title:
Return to:
City of Miami
Office of Grants Administration
444 SW 2nd Ave., 5th Floor
Miami, FL 33130
20200508 11 Mayor API Agape Agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION
20200508 11 Mayor API Agape Agreement
CORPORATE RESOLUTION
WHEREAS Agape 4 Orphans International, Inc. ' non-profit 501 c 3
a Florida , 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-fot profit corporation;
NOW, THEREFORE, BE IT RESOLVED BY '1'HL+ BOARD OF DIRECTORS
that Michael Bryant, Director 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 23 day
ATTEST:
O ORATE SECRETARY
Print Name: Lashan Neal
April
P ' SIDENT
Print Name: Mic
, 202
Bryant
(CORPORATE SEAL)
20200508 11_Mayor API Agape Agreement