HomeMy WebLinkAbout23634AGREEMENT INFORMATION
AGREEMENT NUMBER
23634
NAME/TYPE OF AGREEMENT
FOUNDATION COMMUNITY ASSISTANCE AND LEADERSHIP,
INC.
DESCRIPTION
•
ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/FOCAL
MOORE PARKAFTERSCHOOL & SUMMERLEARNING
PROGRAM/FILE ID: 7363/R-20-0125/#31
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
6/17/2020
DATE RECEIVED FROM ISSUING
DEPT.
10/28/2021
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
a�ce34
ORIGINATING DEPARTMENT: Office of Grants Administration
DEPT. CONTACT PERSON: Malissa T. Sutherland EXT. 1005
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Foundation of Community Assistance and Leadership, Inc.
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑■ NO
TOTAL CONTRACT AMOUNT: $ 250,000 FUNDING INVOLVED? ❑■ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY) API
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): The attached agreement is being routed for review/approval. The API allocation to Foundation of Community
Assistance and Leadership, Inc. for $250,000 from District 5 was approved by the Commission on 4/23.20.
COMMISSION APPROVAL DATE: 04 / 23 / 2020 FILE ID: 7363
ENACTMENT NO.: R-20-0125
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
June 5, 2020
PRINT: ANN-MARIE,SHARPE
SIGNATURE:
SUBMITTED TO CITY ATTORNEY
PRINT: VICTORIA MENDEZ
aa .�-.
SIGNAL
APPROVAL BY ASSISTANT CITY MANAGER
Approved by the Board - OK to proceed!
06/15/2020
PRINT: Sandra Bridgeman
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ARTHUR NORIEGA V
SIGNATURE:
1)
2)
3)
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
IdEtoRICINALSTiOIOIiiiYIOLERK1
o'NE COPY TO CITY ATTORNEY'S OFFICE,
REMVININ O,RI0INARS:WOK/RI,GIMilNd
DEP'WRITMEMI
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
20200427 05_D5 API FOCAL 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"),
Foundation of Conununity Assistance
and and Leadership, Inc. , a Florida not for profit corporation, located at
765 NW 36TH STREET MIAMI, FL 33127 ("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 - 0125 on April 23 , 2020,
wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of
Two Hundred Fifty Thousand dollars ($ 250,000 .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 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 , 2020 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
Two Hundred Fifty Thousand dollars ($ 250,000 .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
(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 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
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
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
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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
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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
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or State antitrust statutes or falsification or destruction of records, making false
statements, or receiving stolenproperty;
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.
20. COUNTERPARTS: This Agreement may be executed in two (2) or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
RECIPIENT
Foundation of Communiyt Assistance
and Leadership, Inc.
765 NW 36TH STREET
MIAMI, FL 33127
. Attn:Barbara Hardemon
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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21. 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.
2" AVENUE, SUITE 945, MIAMI, FL 33130.
22. 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.
23. 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 isnot 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.
24. 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.
25. MICELLANEOUS PROVISIONS:
A. Title and paragraph headings are for convenient reference and are not a part ofthis
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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26. 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.
27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
28. 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.
29. 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.
30. 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.
31. 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"
32. 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.
33. 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.
34. 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.
[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.
ATTEST:
/Todd B. Hanno 'erk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria M,g'hdeL 7111, OA'
City Attorney
ATTEST:
Print Nate: C.kris 'N�
Title: LLS.e ert-fa y
"CITY"
CITY OF MIAMI, a municipal
corporation of the State of Florida
Art' No'iega V, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management
"RECIPIENT"
Foundation of Community Assistance and Leadership. Inc.
A Florida Not -For -Profit Corporation
By:
PrintName: Egzkw_s& #a rd P7f -
Title: & e&r-7 /e brrec Y
Page 13
20200427 05_D5 API FOCAL agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT A - CITY OF MIAMI RESOLUTION
20200427 05 D5 API FOCAL agreement
City of Miami
Legislation
Resolution
Enactment Number: R-20-0125
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7363 Final Action Date:4/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE,
AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDINGS, ATTACHED AND
INCORPORATED AS EXHIBIT "B," 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 GRANT FUNDS FROM THE
DISTRICT 5 COMMISSIONER'S SHARE OF THE CITY'S ANTI -POVERTY INITIATIVE
("API") IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00) TO FOUNDATION OF COMMUNITY ASSISTANCE AND
LEADERSHIP, INC., A FLORIDA NOT FOR PROFIT CORPORATION ("GRANTEE"),
IN SUPPORT OF THE GRANTEE'S FOCAL MOORE PARK AFTERSCHOOL AND
SUMMER LEARNING PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, 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, Foundation of Community Assistance and Leadership, Inc., a Florida not for
profit corporation ("Grantee"), is seeking funding in support of the Grantee's FOCAL Moore Park
Afterschool & Summer Learning Program ("Program"); and
WHEREAS, the Program, described in further detail in the API Funding Request Form
attached and incorporated as Exhibit "A," provides one hundred seventy-five (175) low income
youth between the ages of 5 and 18 access to free tutoring, mentors, technology, structured
social activities, and cultural awareness aimed at leading them to a career and decreasing the
possibility of future economic hardships as adults; and
WHEREAS, the City's District 5 Commissioner ("Commissioner") wishes to provide grant
funds from the Commissioner's share of the City's API in an amount not to exceed Two
Hundred Fifty Thousand Dollars ($250,000.00) ("Funds") for the Program; and
WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as
amended ("City Code"), the City Manager has made a written finding, attached and incorporated
as Exhibit "B," that competitive negotiation methods and procedures are not practicable or
advantageous for the City's provision of said Funds for the Program; and
WHEREAS, the City Manager is requesting authority from the City Commission to
negotiate and execute any and all documents necessary, all in 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
20200427 05_D5 API FOCAL agreement
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to Section 18-85(a) of the City Code, by a four -fifths (4/5ths)
affirmative vote, after an advertised public hearing, the City Manager's written findings, attached
and incorporated as Exhibit "B," 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 Funds from the Commissioner's
share of the City's API to the Grantee in an amount not to exceed Two Hundred Fifty Thousand
Dollars ($250,000.00) for the Program.
Section 4. 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 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
dey i ttor ey 4/10/2020
I 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
20200427 05_D5 API FOCAL agreement
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 PROG,RAMPROJETOMIFORMATION
Organization History and Background Information:
POCAt, is an innovative program designed to help students develop self-confidence and motivate them to succeed
,aearleinieally. The learning center opened in the 'fall:Of 2000 to incOrporate educational activities with the
recreational -activitieg'oireredat the Gity Moore Park. The.programisSreenf charge -to,
students arid operatds year-round as an after sOlonl, progrAm Ana Simnel'. camp.
Is'your program/project.providing direa ei-vice's to residents of the-Oty Of Mianii? YeSEINo
Number of residents your entity: Wilt .'er: 1.1'5
Frequency of Service:: 5 days .ripr week
—
Age Gyoup $erved: 5 18
Is yOur program/project impacting one of IViiarni's disadvantaged conimunities? YesNo:1
GeosraphiC,Area Served (specific to this project/program)
District 5, and
District Served (1, 2, 3,.4, 5, Citywide)
pberty,.6!ty.:Allapattah, &Oval -mull
Neighborhood/Community beingserved:
Program/Project„Priority area (Select:On*
,Educational,Prograrns forOildren, youth and adults
r
Crime Prevention
Elderly meals, transportation,recreaticinal and health/wellness related activities.
E At -risk youth �ry�uth Summerjob programs
11 Transportation serVices'and'oeogorns
E Job development, refentipn and traininglprOgranis
Homeless SerVices
Pge2 pf,S
Return this form-to:1 mtreyinpgrhiarnigoV,Corn
Last revised:`..5epternber 16, 2019
4.;
, City of Miami
Anti,PovertyInitiative Program -funding Request Form
Program/PtOjett Title:Moore Park Aftetsohodl* Summer-Learning:Prograth
.F9CAL-
The:program is Opep,t6,students,Who reside in the City: ofMigrai inctirrie
Project/Program Description:
neighborhoods, with risk factors that include PoOr school performance, retention in grade, pobr SchOoi:attehdanee,
'andler behavior 'probteni.,The high c erates;iatrgetc1arcas expose youth-ki anti-soCial-behudtic prograin serves
as.an altematiVete participating in-negatiye.activities, by ensuring positive learning eXpeizicricesin a safe erivirtnment,
P rOg ta m ,Sta rt Date: 04/1/2010' Program End Date: Q3/3i/2021
Please describe hovtithis program/projectand:funding will aUeviate poyerty within.the Oty:pf
Miami!?
-The Program provides low income youth access to free tutoring, mennirs; technology, structured social actiiiiies, cultural aWareiless and
:knowledge of and accessto the world outsidc:of.thir neighhorhoods.: This carabined:With the...anentton of the certified teadhers, 'Counseling,
:Physioal and nuiritinnat sduca0ca adil kid in pramoting.adneaticin diris in acaner .eranf dcia-eaing a possibility piecgnatutailar4hii, a adu1t,
IMPACT AND PERFORMANCE:
Describe overall expected outcomes and performance tneaSureslorthis project/program:
The expected outcome is a 95% grade level:promotion rate and an inerease performance measures for students
)q-iy1,PN;Tlip prpgiain wiltmaintaiia dmogtaphis, oigithaprestand Post-test Performance.
measures tracker for each parti.Ciant tO ttackliteraey,,physical fitness; Social growth progress.
Please attach additional pages,to the hach of this pdcket, if the space above is not -Sufficient.
. - - -
Page,3 df.5
Return this.forrn.:t9;:mtrO4nogtniainignv.,en!en
Last reyised:September 1.6, 2019 20200427 05_D5 API FOCAL agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT C — BUDGET
Insert Page 4 from Anti Poverty Funding Request Form
20200427 05_D5 API FOCAL agreement
City of Miami
Anti -Poverty Initiative Program - Funding Request Form
FUNDING REQUEST INFORMATION:
Amount Requested: $250,000.00
Explain how the City of Miarrii Anti -:Poverty funding will be utilized;
The funding will be used to support student success, by providing curriculuiri;l5001(s;:leacher salaries, educational
field trips, classroom supplies, office supplis;, technology, 4nd training pourse8:
Itern4e.API funding'related:to expenditures below:
1Parsonnel Salaries &Wages: 024,750.
Personnel Benefits $9;543,
Space Rental:
(Electricity, Phone, Internet):
Supplies: $10,846.
Marketing:'
Transportation (Participants): $23,910
Meals (Participants):
:ProfessionalServices (List eaqh)::
Other (please describp):. Lodging and entry:fel$1615.
OtherIplease deseribe):,
Other (please describe): ,
Return this form.to:rntrevinp6m!arnieciv.com
20200427 051D5 API FOCAL agreement
Last revised: September 16, 2019
Page 4.0 .$
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
COMPOSITE EXHIBIT "D"
20200427 05_D5. API FOCAL agreement
API AGREEMENT
COMPOSITE EXHIBIT "D"
PAYMENT SCHEDULE
1. The CITY shall pay the RECIPIENT, up to the sum of $ 250,000
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 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.
20200427 05_D5 API FOCAL agreement
'
API Request for Payment,Form
Date: 4/14/2020 2003
IT/nice iltirnber:
'Send to: Citrof Miami
Office of Grants'Admini:StratiOn
•444., SW 2nd Ave., 5th Floor
Miami, FL .3$130.
.PrOgfain/Prciject Title:
- Reapients-Address:
FOCALMoor?arkM'er sclid011Auminer keam(9.g P.rogcam
'Founciatioe ef cennnunity Asiistance & Leadership
765 NW 36th Street
Miami, Florida 33127
I hereby request payinent, in the amount of $ 250,000.00felt expenses incurred int:elation tb
the City Of Miami Anti-PovertyInitiatiYeActiVity/TrOgram/Servicessproyi de :below,
. . .
• Number of People
Served/Location of
Services
Service Description
Rate
Amount
175/
MoorePark
765 NW 36th Stted
Miaini,:Florida 33421
Educational Programs for children and youth
$1428.57
$250,090.00
I certify that the Program/Service Was'proVided in accordance M the ai:iProved Ptogram/Project-aS
described in the API Funding Request Form and that expenses were incurred in the provision of said
Program/Service.
!
1Barbarailgdernm
AmthorizedRepreSentaible
Signatu e
;Date
TypeName
Executive Director
=Title:
20200427 05_D5 API FOCAL 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
20200427 05_D5 API FOCAL 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.
20200427 05_D5 API FOCAL agreement
.ACORD„ CERTIFICATE OF LIABILITY
. . .
INSURANCE
tuospilatibpro
04/0612020,
PRODIACER. ;305 836-5206 .
' C. BRIAN HART INSURANCE CORP,
88EI0 NW 7TH AVE
,
FAX 305 606-8634
'MIAMI, FL 33150
THIS CERTIFICATE '1535811E0.AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS URON. THE ',CERTIFICATE
HOLDER, THIS CERTIFICATE DOES :NOT, AMEND; EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES:BELOW.
INSURERS AFFORDING „
NAIC4 ,
MtiFtEi —
FOUNDATION OF COMMUNITYASSISTANCE
AND LEADERSHIP
765' NVY 36TH STREET
MIAMI, FL qaq.7
INSURER A: MOUNT VERNON 'FIRE INSURANCE COMP26522
INSURER [I THE HARTFORD . ,
29424
:UR. 17111',191PG-y(NSPIYiNCE COMPANY, INC.
, , 42376.
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. .
INSURER E: , i ,
:
COVERAGES
THE
ANY
MAY,
,PoLlqES.
INSR
LTR
POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE'POLICY PERIOD INDICATED.,NOTWITI-ISTANDING
REQUIREMENT, TERM OR. CONDITION'OF:ANY CONTRACT OR OTHER DOCOMENT WITH RESPECT TO WHICH THIS 'CERTIFICATE' MAYBE ISSUED OR
PERTAIN; THE INSURANCE AFFORDED -BY- THE POLICIES DESCRIBEOMERE/N IS SUBSEGTTO ALL THETERMS,,,EXCLUSIONS AND CONDITIONSOFSUCH
AGGREGATE LIMITS.SHOWN MY HAVE BEEN REDUCED BYPAID CLAIMS.
WOO'L
jI4SRD•
. .. TYPE OF INSURANCE
'
POLICY NUMBER', .
. POLICY EFFECTIVE,-
DATE auvitoorrys
POLICY EXPIRATION
DATE (MM/OD/YY) • LIMITS ,
A -
•
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.,c.:rry OF MIAMI COUNTYAS AOCATIONALINEUREO
CERTIFICATE HOLDER'
c•ITY
444 SIAl 2ND AVENVE, 4TH FLOOR
MIAMI, FLORIDA 33130
ACORD 25,(2001/08)
CANCELLATION
%poem ANY OF THE MOVE DESCRiBEDROIiCIES CANCELLEDI3EFORETHE EXPIRATION
iiA.Tq,3ica;figor,THE.1SSUING INSURER WILL ENOSAVOR 'TO trIAll„ ."-30 DAYS WRITTEN
NOTICE To-iiE CERTIFICATE HOLDER NAMED TO ThE LEI..aUTF4ILURE TO D,O,SO.SHALL
IMPOSE 46 OBUGAT/OSR UABJUTV OF ANY, KIND UPON THE INipsgit,..rTS'AGENTS, OR
REPRESENTATIVES. .
AurtioRizeoREPIES NTAT,IVE
C. Brian Hart
•ACT ORPORATION 1988
20200427 05_D5 API FOCAL agreement
Founcation of Community Assistance & Leacershb
MOORE PARK
LEARNING, MICR
April9,. 2020
Re: FYI for City of Miami Anti -Poverty Initiative
To Whom ltMay Concern;
The Foundation of Community Assistance & Leadership ;{FOCAL); does riot own any'vehicle s.
We are not_required tonor do we carry any auto insurance.,
Sincerely,
Barhara tiardemon
20200427 05_D5 API FOCAL agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT F — CLOSE-OUT REPORT
The Close Out Report must be completed at the end of the program.
20200427 05_D5 API FOCAL 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
20200427 05_D5 API FOCAL agreement
ANTI -POVERTY INITIATIVE
FUNDING AGREEMENT
EXHIBIT G — RECIPIENT'S CORPORATE RESOLUTION
20200427 05_D5 API FOCAL agreement
•
Corporate Resolution
WHEREAS, The FOundation of community Assistance & Leadership, a -Florida not -for -
profit 6ml:10ra-flan, 'desires to enter intban Agreement with the :city of -Miarni, a copy of is
,attathedheretO; and
'WHEREAS, the Board of Directors at. a duly held corporate meeting has considered the:
Matter rn accordance with the Articles and Bylaws:9f the not -for -profit corporation,'
NOW, THEREFORE, BE ITRESOLVED oy THE BOARD OF DIRECTORS
that .Barbara HardemOn is hereby authorized •and instructed to 'Priterinto the Agreement and
Agreement
undertake the reSpOnsibilities and obligationsa's Stated in such propbsed 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-whicii.this resoiutiOn is attached,
DATED:th is .
Print,Oarne: gibeiSTYVE .
slay of 2020,
PRESIDENT
Print Name: 14
,rhaIT
Yi•
20200427 05_D5 API FOCAL agreement