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HomeMy WebLinkAbout23643AGREEMENT INFORMATION AGREEMENT NUMBER 23643 NAME/TYPE OF AGREEMENT PRESIDIO POLITICO HISTORICO CUBANO, INC. DESCRIPTION ANTI -POVERTY INITIATIVE FUNDING AGREEMENT/COMMUNITY ASSISTANCE/FILE ID: 7435/R-20- 0152/#3 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 12/4/2020 DATE RECEIVED FROM ISSUING DEPT. 10/28/2021 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM ORIGINATING DEPARTMENT: Office of Grants Administration DEPT. CONTACT PERSON: Malissa T. Sutherland EXT. 1005 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Presidio Politico Historico Cubano, Inc. IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ❑ NO TOTAL CONTRACT AMOUNT: $ 20,000 FUNDING INVOLVED? ❑ YES ❑ NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT El 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 API agreement is being routed for review/signature. The API allocation from District 3 for Presido Politico Historico Cubano, Inc. is for $20,000 and does not require Commission approval. COMMISSION APPROVAL DATE: / / FILE ID: ENACTMENT NO.: IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ° ROUTING INFORMATION Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 10/22/20 PRINT:LILLIAN BLONDET SIGNATURE: ! . ° . SUBMITTED TO OFFICE OF MANAGEMENT AND BUDGET PRINT:CHRISTOPHER.ROSE SIGNATURE: SUBMITTED TO RISK MANAGEMENT 10/23/20 PRINT: ANN-MARII SKIARPE SIGNATURE: / SUBMITTED TO CITY ATTORNEY PRINT: VICTORIA MENDEZ W SI WIfd ' �� APPROVAL BY ASSISTANT CITY MANAGER 4-14D • PRINT: EyN �2�n1r9,�J1 O S CI') Aya� SIGNATURE: 'RECEIVED BY CITY MANAGER I/ PRINT: AR HUR SIGNATURE: 1) ONE ORIGINAL TO CITY CLERK; 2) ONE COPY TO CITY ATTORNEY'S OFFICE;. 3) REMAINING ORIGINALS) TO.OR[GINATING1 'DEPARTMENT- PRINT: SIGNATURE: PRINT: SIGNATURE: PRINT: SIGNATURE: PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY, THE CITY MANAGER 20201009 35_D3 Presidio API Agreement CITY OF MIAMI ANTI -POVERTY INITIATIVE FUNDING AGREEMENT This ANTI -POVERTY INITIATIVE AGREEMENT ("Agreement") :is entered :into this day of � 20 by and between the CITY OF MIAMI, a municipal corporation of the State of Florida,. located at 444 SW .2ndAvenue, Miami, FL 33130 ("CITY'), and Presidio Politico Historico Cubano, Ine. , a Florida not. for profit corporation,. located at 1140 SW 13th Ave., Miami, FL 33135 ("RECIPIEN.T").. The CITY and the RECIPIENT may each be -referred to as a "Party" and may collectively be referred to as the "Parties." WHEREAS, the City created the Anti -Poverty- Initiative (`API") to• address. poverty based on a strategy of focusing the provision of support towards the. City's residents achieving self- sufficiency; and WHEREAS, the RECIPIENT submitted a Request for API Funding to the City;.and WHEREAS, the CITY adopted Resolution No..R- 20 - 0152 onMay 14 20 20 wherein the CITY approved providing funds to the RECIPIENT in the not to exceed amount of Twenty Thousand dollars ($ 20,000 .00) .("Funds"), attached and incorporated as 'Exhibit "A as applicable;, 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 thuttial covenants and. promises herein. contained,, the Parties agree. as follows: TERMS 1. RECITALS: The recitals: are true and correct and are hereby incorporated into arid -made apart of this Agreement. 2. TERM: The term of this Agreement shallcolnrnence on September 21 , 2020 and shall continue until September 21 , 20 z1 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 "S"), and as disbursed in the -manner hereinafterprovided. Page 1 20201009 35_D3 Presidio API Agreement City of Miami API Funding Agreement, Presidio Politico Historico Cubano, Inc. 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 Twenty Thousand dollars ($ 20,000 .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 validand 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-OutReport, 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 arid 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 thattthe Funds shallbe used in accordance with all of the requirements, terms and conditions contained therein, as the same may beamended 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 EVALUATIONi 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 Page 2 20201009 35_D3 Presidio API Agreement City -of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc. 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 underthis 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 CITYmay 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- terns 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 REClP1ENT'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 withno markups;. and d) RECIPIENT'S failure to comply with these requirements or the receipt; or discovery -(by monitoring, evaluation, or :audit) by the CITY of any inconsistent, incomplete, or inadequate information shall be grounds for the immediate.: termination of this Agreement 'by the CITY and the immediate reimbursement to the CITY of any -and all funds or amounts disbursed pursuant :to this Agreement. RECIPIENT represents and warrants to the City -that: (i) it possesses all qualifications,. licenses and expertise required for the performance of the Scope of Work; (ii) it is not delinquent. in the payment of any sums due to the City, including payment of permit fees, occupational licenses, etc., nor in the performance of any obligations to the City; and (iii) all personnel assigned to perform the Scope of Work are and shall be, at all times during the 'term hereof, fully qualified and trained to perform the tasks assigned to each. Page .3- 20201009 35_D3 Presidio API Agreement City of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc. Any inconsistent, incomplete, or inadequate information, either received by the CITY or obtained by the CITY, shall constitute cause for the CITY to terminate this Agreement. 7. AWARD OF AGREEMENT: RECIPIENT represents and warrants to the CITY that it has riot 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 theymay 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 .cornply materially with any of the requirements herein, or the failure of the• RECIPIENT to conform to statutes, ordinances, or othet regulations or requirements of any governmental authority, local; federal or state, in connection with the performance of this Agreement evenif it is. alleged that.the CITY, its officials and/or employees were. negligent. RECIPIENT expressly agrees to indemnify, defend and hold harmless. the Indenumees, or any .of them, from and against all.liabilities which••maybe 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 Page 4 20201009 35_D3 Presidio API Agreement City of Miami. API Funding Agreement Presidio Politico Historico Cubano, Inc. Imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to .RECIPIENT'S. negligent performance under this Agreement, compliance with which is left by this Agreement to RECIPIENT, and (ii). any and all claims,.and/or suits for labor andmaterials 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 Agreenient, 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 theeffective date of termination. Should RECIPIENT be unable or unwilling to commenceto perform the Services within the time provided or contemplated herein, then, in addition tothe 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 Page 5 20201009 35_D3 Presidio API Agreement City of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc. effective. date of termination. In no event shall the CITY be liable to RECIPIENT for any additional compensation, other than that. provided herein, or for any consequential or incidental damages. 13. REMEDIES FOR NONCOMPLIANCE: The CITY :retains the right 'to terminate this Agreement at any time prior to the completion 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 servicesperformed 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 theRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the RECIPIENT any suni 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 offunds.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. "Stich, 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 20201009 35_D3 Presidio API Agreement City of Miami: API Funding Agreement Presidio Politico Historico Cubano, Inc. attached as, an Exhibit to this Agreement. Those entities/individuals required to be listed as additional insured 'by the Department of Risk Management shall be included on all insurance certificates and furnished by the RECIPIENT. RECIPIENT shall, at all times during the term hereof, maintain insurance coverage in accordance 'with Exhibit "E" attached and incorporated by this reference. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to 'the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract. Execution of this Agreement is contingent upon the receipt of proper insurance documents. 16. NONDISCRIMINATION: RECIPIENT' represents .arid 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", as applicable, 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 20201009 35_D3 Presidio API Agreement City. of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc. or State antitrust statutes or falsification or destruction of records, making false statements, or receiving stolen property;- ) 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", as applicable; .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 giver. as herein provided. Notice shall be:deemed'given on the. day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. RECIPIENT CITY Presidio Politico Historico Cubano, Inc. 1140 SW 13th Ave.. Miami, FL 33135 Attn Luis Infante: City of Miami Office of Grants Administration 444 SW 2nd Avenue, 5th Floor Miami; FL 33130 Attn: Lillian Bloxidet, Director With copies to: Office of -the City Attorney 444 SW .2nd Avenue, Suite 945. Miami, FL33130 ( Attn: Victoria, Mendez, City Attorney Page 8 20201009 35_D3 Presidio API Agreement City of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc.. 20. PUBLTC 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 perfoiui 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 costthat 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 exceptas 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 destroyduplicate 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) 416-180.0, PUBLICRECORDS@MIAMIGOV.COM, AND 444 S.W. 2ND AVENUE, SUITE 945, MIAMI, FL 33130. 21. CONFLICT OF INTEREST: RECIPIENT has received copies of, and/or is familiar with, the following provisions regarding conflict of interest in the performance of this Agreement by RECIPIENT. RECIPIENT covenants, represents and warrants that it will comply with all such conflict of interest provisions including, but not limited to: (a) the Code of the City of Miami, Florida, Chapter 2, Article. V; and (b) Miami -Dade County Code, Section 2-11.1. 22. GOVERNING LAW, VENUE, AND FEES: This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in all proceedings shall be in Page 9 20201009 35_D3 Presidio API Agreement City of Miami API Funding Agreement Presidio Politico Historic° Cuban°, Inc. Miami -Dade County, Florida and the, parties explicitly agree to the use of this venue. The term "proceedings" shall include, but not be limited to, all meetings to resolve the dispute, including voluntary .arbitration, mediation, or other alternative dispute resolution mechanism. The parties. both waive any defense that venue in Miami -Dade County is not convenient. In any civil action or other proceedings between the parties arising out of the 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 PROVISION& 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. 20201009 35_D3 Presidio API Agreement Page 10 City of Miami API Funding Agreement Presidio Politico Historico Cubano, Inc. 25. NON-DELEGABILITY: The obligations undertaken by the RECIPIENT pursuant to this Agreement shall not be. delegated or assigned to any other person or firm, in whole or in part, without the CITY'S. prior written consent, which may be withheld in. the CITY'S sole discretion. 26. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns.. 27. INDEPENDENT CONTRACTOR: RECIPIENT, its contractors, subcontractors; employees, and agents shall be deemed to be -independent contractors, and not agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or pension programs of the CITY, or any rights generally afforded its -employees;---further, they shall not be deemed .entitled to Florida Workers' Compensation benefits as employees :of the CITY. 28. NO THIRD -PARTY BENEFICIARY RIGHTS: No provision 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 Page 11 20201009 35_D3 Presidio API Agreement City of Miartii. API Funding Agreement Presidio Politico Historico Cubano, Inc. and that the Agreement is valid and legal agreement binding on such party and enforceable in accordance with its terns. 32. CONSTRUCTION: Should the provisions of this Agreement require judicial or arbitral interpretation, it'is agreed that the judicial or arbitral body interpreting or construingthe 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 bothparties 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 ofno 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.satne 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] 20201009 35_D3 Presidio API Agreement Page 12 City or Miami API Fun -ding Agreement Presidio Politico Historic° Cubano, Inc. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "CITY" CITY OF MIAMI, a municipal AlEST: corporation of the State of Florida By: Todd B. Han , y Clerk Arthur Norieg I), ta,oao APPROVED AS TO FORM AND CORRECTNESS: 6/6/6,- Victoria Mndez Date: City Attorney A 1 I EST: Title: t anager Date: APPROVED AS TO INSURANCE REQUIREMENTS: 10/23/20 Ann -Marie Sharpe, Director Date: Risk Management "RECIPIENT" Presidio Politico Historico Cubano, Inc. A Florida r-Profit Corporation By: Print Name: Zu3 / Title: Pres; 44/ • Page 13 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT A - CITY OF MIAMI. RESOLUTION 20201009 35_D3 Presidio API Agreement City of Miami Anti -Poverty Initiative Program Funding Request Form To be completed by the Entity/Recipient By signing below you agree to the guidelines andstipulate that the information provided on this for m. is accurate and complete. j� > s &Ot�t2(a-Cif2-'�- Completed by (Pri t &Sign}; 1-� %� —I-At �F� Date: f% �� Additional Comments: To be completed by Destrf Commissioned/Mayor's.Office Recommended for funding: YesNo❑ Funding Recommendation: :/240/7) Commission Meeting Date:_ Additional Comments: Completed by (Print' Sign): Date: 9�2%. f) 1 To be completed by the Department Received by (Print & Sign): Date:.9/22/20 Additional Comments: Return this form to: intrevino@miamigov.com Last revised June 6,2019 Page 5 of 5 20201009 35_D3 Presidio API Agreement ANTI-POVERTI'TINITIATIYE FUNDING AGREEMENT EXHIBIT B — SCOPE OF WORK Insert Pages 2 & 3 from Anti-Pover& Funding 1?equest Form 20201009 35_D3 Presidio API Agreement City of Miami Anti -Poverty Initiative Program Funding Request Form ORGANIZATION AND PROGRAM/PROJECT INFORMATION Organization History and Background information: %V jVcil rel 'I ,. .. 4 5P . JP/�? .-4fr-+* . C 4'rb' � ir�I Pr Is your program/project providing direct services to residents of the. City of Miami? YesDNoE Number of residents your entity will serve:. Frequency of Service: Age Group Served: Is your program/project impacting one of Miami's disadvantaged communities? Yes QNoO Geographic Area Served (specific to this. project/program) District Served (1,.2; 3$4, 5,'.Citywide) Neighborhood/Community being served:. .. . Program/Project Priority area '(Select_one): Educational Programs :for children, youth and adults ®_ Crime. Prevention Elderly meals, transportation, recreational andhealth/wellness related activities C At -risk youth or: youth summer job programs Transportation services: and programs Job development, retention and training programs ElHomeless Services El Improving housing 'opportunities and complete minor housing repairs and.ADA Cupgrades for low income elderly and veterans Return this form to: mtrevino@tniamigov.com. Last revised June 5, 2019 Rage l: of 5 20201009 35_D3 Presidio API Agreement City of Miami Anti -Poverty Initiative Program - Funding Request Form Program/Project Title: (;) ,47i-e7fr7c)ri, Project/Program Description: eafr7 Pe7lbsem ==.? 4- 47/A2V-evz) *Ne' -) Aisc.54r-em /4‘io7y 4eejs e)oltYli zifdliVdt Prf/39e1.5 • p(op/4 4.)M,e, DE--kir• ivy/ A-4417.4 /e Palk. Alo,vrn-69'44e/c • Program Start Date: Program :End Date: _ Please describe how this program/project and funding -Will alleViate poverty within the City of Miami? ("a/ mee47. 4 4 gtfoit— A Aip IMPACT AND PERFORMANCE: Describe overall expected outcomes and performance measures for this project/prograrn: -e ez)(26)/. 4),Ar A eiiih 1••14; aidd er'CA7d Please attach additional pages to the back of this packet, ff the space above is not sufficient. .Return this form to: mtrevino@miamigoy.00p.) Page 3 of 5 Last revised: September 16, 2019 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT C — BUDGET Insert Page 4 from Anti -Poverty Funding Request Form 20201009 35_D3 Presidio API Agreement City of Miami Anti -Poverty. Initiative Program - Funding Request Form FUNDING REQUEST INFORMATION: Amount Requested: $ P' Explain how theCityofM>iami Anti -Poverty funding will be utilized: Jt%j L ' f v'/ 1 - -4J5 t?of Piz),e,* lid'ae4- 4i)Crc'Sk .4-6141:,k1-laitufle'''> - a v' rimfir. Itemize API funding related to expenditures below:. Personnel Salaries & Wages: Personnel Benefits Spacer Utilities (Electricity, Phone, Internet): Supplies: Marketing: Transportation (Participants): Meals (Participants): Professional Services:(List each): Other (please describe) i its Other (please describe):'7.6.50("t Other (please describe): Return this form to: mtrevino@miamigov.com Last revised June 6, 2019 $ ..... 2 iZ goo Page 4of5 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE FUNDING AGREEMENT COMPOSITE EXHIBIT "D" 20201009 35_D3 Presidio API Agreement API AGREEMENT COMPOSITE EXHIBIT "D" PAYMENT SCHEDULE 1. The CITY shall pay the :RECIPIENT, up to the sum of $20,:00.0 for theservices provided: pursuant to this Agreement. 2.. Request for Payments should besubmitted to :the CITY in a :form provided by the. City and included in this Exhibit as Request for. Payment Form 3. The RECIPIENT mustsubmit the final request for ;payment to the CITY within. 30 calendar days, followingtheexpiration 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. Scheduleof payments to RECIPIENT will be as follows: one time 5. Any payment dueunder this Agreementmay be withheld pending the receipt and approvalby the CITY of all reports and information due from the RECIPIENT as a part of this Agreement and any Modifications thereto. 20201009 35_D3 Presidio API Agreement API Request for Payment Form 091820 Date:' Invoice Nu-H3er: 02 Send to: City ofMiami Office ofGrants Administration 444 SW 2nd Ave., 5th Floor Miami;FL -3130 Program/Project Title: Recipient's Mine: ReCipienfs.Address: Casa Del. Preso Presidio Politico Historico Cubano inc 1140sW13th Ave Miami Fl 33135 I hereby request payment in the amount of $ 20'004:1 :for expenses incurred in relation to the -City &Miami:Anti-Poverty-Initiative Activity/Program/Services provide below. Number of People Served/Location of Services i Service Description , Rate Amount 80 We have a property wherewe provide assistance to 'our elderly and retired, members and others help and benefits related to their wellbeing N/A $20,000 TOTAL: $ 20 000 I certify that :the Program/Service was provided in accordance to the approved Program/Project as described in the API Funding Request Form and that expenses were incurred inthe provision of said Program/Service. LAC 60 NZ (6- NE6 NW Authorized leetative Type Name Signature Date WES I Dir Title: 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE FUNDING •AGREEMENT EXHIBIT E - INSURANCE REQUIREMENTS 1. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $3 00,000 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 ancl 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 20201009 35_D3 Presidio API Agreement III. Worker's Compensation Limits of Liability Statutory -State of Florida. Waiver of Subrogation Employer's Liability A. Limits of Liability .$100,P00 for bodily injury caused by an a.eident,eaelvaccident $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. Companiesauthorized 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 thari "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 andlor certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 20201009 35_D3 Presidio API Agreement ACCPR©) CERTIFICATE OF LIABILITY INSURANCE `.,,,� " DATE(MMtDDJYYYY) 09/28/2020. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT 'BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION' IS. WAIVED, subject to the terms and conditions of the policy, -certain policies may require an endorsement. A statement on 'this certificate'does not confer"rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURE SAFE, INC. 2300 SW 57th Miami FL 33155 NONE CT, 'Alberto Rodriguez (AIG No. Ex0; 305-303=7080 (A/c, No : 305-267,4206 insuresafeinc ahoo.core Mast: EMAIL SS . : @Y INSURER(S)AFFORDING COVERAGE NAIC # INSURER A:. Granada Insurance Company 16870 INSURED Presidia Politico Historico Cubano, Inc. 1140 S.W. 13.AVE. Miami FL 33135. INSURER B c INSURER C :. INSURER Dt . INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING *ANY REQUIREMENT, -TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE JNSD SUBR ._ POLICY NUMBER POLICY YT (MMJDDIYYYYI' POLICY EXV'Y (MMfDD(YYYY) LIMITS A K COMMERCIAL GENERALLIABILITY Y Y 0185FL00130747-1 09/26/2020 09/26/2021 EACH OCCURRENCE $ 500,000. PREM SESO(EaENTED occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP{Any one person) _ $ _5,000 pERSONAL & ADV. INJURY $ 500,000 GEN'LAGGREGATE %C POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC.PRODUCTS GENERAL AGGREGATE $ 500,000 -COMPfOPAGG $ 500,000 $ .AUTOMOBILE _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ _ SCHEDULED . AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE -MIT "(Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY -(Per accident) $ PROPERTY DAMAGE (Per accident�� $ $ UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED - RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERJEXECUrIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe -under DESCRIPTION OF OPERATIONS below Y I N NIA PER STATUTE OTH- ER E.L. EACH•ACCIDENT' $ E.L. DISEASE =EA EMPLOYEE $ E.L. DISEASE - POLICY -LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES. (ACORD.101, Additional Remarks Schedule, may be attached If more space is'requlred) The City Of -Miami is listed as Additional Insuredwith regards to the General Liability Policy. A Waiver of Subrogation Applied in favor of the City of Miami: CERTIFICATE HOLDER CANCELLATION •City Of Miami 444 SW 2nd Avenue Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE. FUNDING AGREEMENT EXHIBIT F = CLOSE-OUT REPORT The Close. Out Report must be completed at the end of the program. 20201009 35_D3 Presidio API Agreement City of Miami Anti -Poverty initiative Program Close -Out Report Date: Program/Project Title: Recipient's Narne: Recipient's Address: Allocation Amount: 034 1)8 RN5zy TCeM. C, r:44,1C-Z.3 e• Cra...bc0 I 40 04-6.Ck. Please provide provide the information in reference to all the services provided with the City of Miami Anti -Poverty hi itiative: 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 Citywide District 3 District3 and/or Location of Project/Activity/Service (ie. Site, neighbcirhood, area) Total Number of People Served tr Frequency of Project/Activity/Service !i certify that the Program/Service was provided in accordance to the City of Miami Anti -Poverty Initiative Program Guideli e Signature Date /0/ps1/46, 6 • Type Name Title: • ...•,••,..•• • ...,•• • ••,. • • Return: to: City of Miami Office of Grants Administration 444 SW 2nd Ave., 5:th Floor Miami, FL 33180 20201009 35_D3 Presidio API Agreement ANTI -POVERTY INITIATIVE FUNDING AGREEMENT EXHIBIT G - RECIPIENT'S CORPORATE RESOLUTION 20201009 35_D3 Presidio API Agreement CORPORATE RESOLUTION WHEREAS,Res't—o 0- co 41.54,1cc., , a Florida% 4("Pz.41-- , desires to enter oz5 0-6A.LAt) into a Agreement with the City of Miami, a copy of which is attached hereto; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the Articles and By -Laws of the, not -for -profit corporation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF.DIRECTORS vnAko.* 'ff:,17-4114( (Insertthe name ofAuthorized Perscm(s)) that at' e/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 OS day of OC,4-0ev" ATTEST: CORPORATE SECRrXR Print Name: 0 R I i4 kw 1.0 E2, , 202-0 . PRESIDENT, Print Name: /...6\5 Csrm - (CORPORATE SEAL) 20201009 35_D3 Presidio API Agreement