HomeMy WebLinkAbout23765AGREEMENT INFORMATION
AGREEMENT NUMBER
23765
NAME/TYPE OF AGREEMENT
THE START PROGRAM, INC.
DESCRIPTION
CDBG AGREEMENT/YOUTH SERVICES/FILE ID: 10783/R-21-
0422/MATTER ID: 21-2706/#4
EFFECTIVE DATE
January 7, 2022
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
1/7/2022
DATE RECEIVED FROM ISSUING
DEPT.
1/24/2022
NOTE
31 (05
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT
DEPT. CONTACT PERSON: MONICA GALO EXT. 1976
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: The START Program, Inc.
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ►I NO
TOTAL CONTRACT AMOUNT: $ 20,000.0o FUNDING INVOLVED? ® YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
El GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY): NIA
❑ PUBLIC WORKS AGREEMENT
❑ M•IAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF THE ITEM (BRIEF SUMMARY):
Contract in the amount of $ 20,000.00 in CDBG funding to The START Program. Inc.
implementation of Public Service Activities. For additional information please see resolution attached.
for the
COMMISSION APPROVAL DATE: October 14, 2021 FILE ID: 10783
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
N/A
ENACTMENT No.: R-21-0422
ROUTING INFORMATION
Date
P RIN AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
11/2/2021
PRINT: R ERTO TA E
SIGNATURE:
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN-MARfE HAR E
o,9 aa,:9edbyon10
SIGNATURE: Gomez, Frank .22021.11.02135830
X54
SUBMITTED TO CITY ATTORNEY 21-2706
PRINT: VICTORIA MENDEZ
3a'z6-.L-, i�
SIGNATURE:
PRINT: FERNANDO CA AMAYOR
APPROVAL BY ASSISTANT CITY MANAGER
SIGNATUR
RECEIVED BY CITY MANAGER
ZPRIN
` l(51`� ?�
: ART NORIEG
SI NATURE:
1) ONE ORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY"S OFFICE,
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
N/A
PRINT: TODD B. H N N
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
CITY OF MIAMI, FLORIDA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT BLACK GRANT ("CDBG")
AGREEMENT
This Agreement (hereinafter the "Agreement") is entered`into this day:of
, 20 c9�between the City of Miami, a municipal corporation of the .Stateof
lorida (her after the "CITY"), & .The START Program, Inc.
a Florida not for profit corporation (hereinafter referred to as the "SUBRECIPIENT").
FUNDING. SOURCE:
CFDA f (lfapplicable):
AMOUNT:
TERM OF AGREEMENT:
PROJECT NUMBER:
DUNS® NUMBER:
AGENCY'S ADDRESS:
Community Development: Block Grant (CDBG).
CDBG 14.218
S 20,000.00
Effective date Of this agreement is October 1,.2021.
to September30,.2022
05-079-2447
3461 FLORIDA AVE
Mianni,.FL 33133
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth,
the parties understand and agree as follows:
ARTICLE I
EXHIBITS AND DEFINITIONS
1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
.Exhibit G•
Corporate Resolution Authorizing Execution of this Agreement
Work Program
Compensation and Budget Summary
Certification Regarding Lobbying Form
Certification Regarding Debarment,. Suspension and other
Responsibility Matters (Primary Covered Transactions Form)
Crime :Entity Affidavit
Insurance Requirements
1.2 DEFINED TERMS. As used herein the following terms shall mean:
Act OR 24 CFR 570:
Agreement Records:
CDBG Program:
CDBG.Requirements:
.Department:
Federal Award:
National Objective:
Low -and -Moderate
Income Person:
Title I of the. Housing and Community Development Act, of 1974, as
amended.
Any and all books, records, documents, information, data, papers,
letters, materials, and computerized or electronic storage data and
media, whether written, printed, computerized, electronic or electrical,
however collected or preserved, which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of
the SUBRECIPIENT or any subcontractor in carrying out the duties and
obligations required by.the terms of this Agreement, including, but not
limited to, financial books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computerdrives and diskettes or
surveys.
Community Development Block Grant Program.
The requirements contained in 24.CFR 570, Rule 91 of the Florida
Administrative Code and as. established by the City of Miami, Florida.
The City of Miami Department of Housing & Community
Development.
Any federal funds received by the SUBRECIPIENT from any source
during the period of time in .which the SUBRECIPIENT is performing
the, obligations,set forth inthis Agreement.
All Activities funded with CDBG funds must meet one of the: CDBG
program's :National Objectives: benefit low . and moderate -income
persons; aid in the prevention of slums or blight; or meet community
:development needs having a particular urgency, as defined in.24 CFR
570.208.
A member of a low= or moderate -income household whose
income is within specific income levels set forth by .U.S. HUD.
U.S. HUD or HUD: The United States Department of Housing and Urban Development..
ARTICLE Ill.
BASIC REQUIREMENTS
The following documents must be approved. by the CITY. and must be on file with the Department
prior to the CITY's execution of this Agreement:
2.1
The- Work Program submitted by the SUBRECIPIENT to the CITY -which shall become
.attached hereto as Exhibit"B" to this Agreement .and shall include;the following:
2.1.1 The description .section shall .detail '.the activities to be carried out.. by. the
SUBRECIPIENT. It_should specifically.describethe activities to be carried out as
a result .of the expenditure of CDBG Funds. Where appropriate it should list
measurable, objectives, define the who, what,,where and when of the project, and in
general detail how these,: activities will ensure that the intended beneficiaries will
be served.
2,1:2 The schedule of activities and measurable objectives play an. essential role, in the
grant. management system. The schedule.should.provide projected:milestones and
deadlines for the accomplishment of. tasks in -carrying out the Work Program. These
projected.milestones and deadlines are a basis for measuring actual progress during
the: term .of this Agreement: These items shall be in sufficient detail to provide a.
sound basis for the CITY to .effectively monitor performance .by the
SUBRECIPIENT under this Agreement.
2.1.3 Should start-up time 'for the. Work Program. be :required or in the .event of the
occurrence of any: delays in the activities thereunder," the SUBRECIPIENT shall
immediately notify the Department in..writing, giving all pertinent details and
indicating when the: Work Program shall begin and/or.continue.. It is understood
and agreed that the SUBRECIPIENT ,shall :maintain the level of activities and
.expenditures in existence prior to the.execution of this Agreement. Any activities,
funded through or as.a result:of this Agreement shall not result in the displacement
.of employed workers, impair existing agreements for services or activities, or "result
'in the substitution of funds :allocated..under. this Agreement for other funds in
connection with work which would have been performed in' the absence of this
Agreement.
2.2 The Budget Summary attached hereto as Exhibit "C", .ineluding the. SUBRECIPIEN'1''s
Itemized Budget, Cost. Allocation, Budget.Narrative, Staff Salaries:Schedule and a copy of
all subcontracts..
2.3. A list of the SUBRECIP[ENT's :present officers and members of the Board (names,
addresses, and telephone numbers.)
2.4 A list "of key staff:persons (with their titles) who will carry out the Work Program.
2.5 Completion ofan Authorized Representative Statement:
:018 I
2.6 Completion of a Statement of Accounting System.
2.7 A copy of the SUBRECIPIENT's corporate personnel policies and procedures.
2.8 Job description and resumes for all positions funded in whole or in part under this
Agreement.
2.9 Copy of the SUBRECIPIENT'.s last federal income tax return (IRS Form 990).
2.10 The following corporate documents:
(i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified
by the SUBRECIPIENT's Corporate Secretary, authorizing the consummation: of the
transactions contemplated hereby, all in a form satisfactory to the CITY.
2.11 ADA Certification.
2.12 Drug Free Certification.
2.13 All other documents reasonably required by .the CITY.
ARTICLE III
TERMS AND PROCEDURES
3.1 CITY AUTHORIZATION. For the purpose of this Agreement, the Department will act on
behalf of the CITY in the fiscal control; programmatic monitoring, and modification of this
Agreement, except as otherwiseprovided. in this Agreement.
3.2 EFFECTIVE DATE AND TERM:
The Effective date ofthis agreement is October 1, 2021 to September 30, 2022
3.3 OBLIGATIONS OF SUBRECIPIENT. The SUBRECIPIENT shall tarry -out -the services
and, activities as prescribed in its Work, Program, which is attached 'and incorporated herein and
made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in
accordance with the written policies, procedures, and requirements as prescribed in this
Agreement, and' as set forth by.HUDand.the CITY.
3.4 POLICIES AND PROCEDURES MANUAL. This Agreement is subject to the current
Federal regulations asmay be arnended. The SUBRECIPIENT is aware of and accepts the Policies
:and Procedures 'Manual for Community Development Block•Grant as the official document which
outlines the fiscal, administrative and federal guideline's which shall regulate the day-to-day
operations of the SUBRECIPIENT. The Policies .and Procedures Manual for Community
Development Block Grant is incorporated. herein and. made part of this. Agreement. The -City of
Miami reserves the 'right to update. this Policies and Procedures Manual via, Program
Directives. These Program Directives and updated versions of this Policies and Procedures
Manual shall be incorporated and made a part of this.Agreement.
3.5 LEVEL OF SERVICE. Should start-up time for the Work. Program be required or in the
event of the occurrence of any delays in the activities .thereunder, the SUBRECIPIENT shall
immediately notify the. Department in writing, giving all pertinent details and indicating when the
Work Program shall begin and/or continue. It is understood and agreed:_that the SUBRECIPIENT
shallmaintain the. level of activities and expenditures inexistence prior to the, execution of this
Agreement... Any activities funded through or as a result of this Agreement shall not result in the
displacement of employed workers, impair existing agreements for services or activities, or result
in thesubstitution of funds allocated under this Agreement for .other -funds in connection -with work
which would have been performed in the absence of this Agreement.
ARTICLE IV
. FUNDING AND DISBURSEMENT REQUIREMENTS
4.1 COMPENSATION. The amount of compensation payable by the CITY to the
SUBRECIPIENT shall be pursuant to the rates, schedules and conditions described in Exhibit "C"
attached hereto and incorporated into this Agreement.
4.2 INSURANCE. At all times during the term .hereof, the SUBRECIPIENT shall maintain
insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the
SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the
SUBRECIPIENT is in compliance with the provisions described in Exhibit "G" attached hereto,
and incorporated into' this Agreement,
4.3_ FINANCIAL ACCOUNTABILITY. 'The CITY reserves the right to audit the records of
the SUBRECIPIENT,at any time during the performance of this •Agreement and for a periodof
five (5) years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial
and other applicable records'and documentation of services to the CITY.. Any payment Made shall
be subject to reduction for *aunts included in the:relatedinvoice which are found by the CITY,
on the basis of such audit and at its solediscretion, not toconstitute reasonable and necessary
expenditures. .Any payments made to the SUBRECIPIENT . are subject to reduction for
overpayments on previously submitted invoices.
4,4 RECAPTURE OF FUNDS. The CITY reserves .the right to recapture funds in the event
that the SUBRECIPIENT shall fail (i) to coinply°with the,tertns of this Agreement, or (ii) to accept
conditions; imposed by the CITY at the direction 'of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE. Funding pursuant to this Agreement is contingent on the
availability of funds and continued authorization for CDBG Program activities, and is also subject
to amendment or termination due to lack of funds or authorization, reduction, of funds, and/or
changes in regulations.
ARTICLE V
AUDIT REQUIREMENTS
5.1 Asa necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following
audit requirements.
5,1.1 If the SUBRECIPIENT expends:$750,000 or martin federal funds during its fiscal
year, it shall have a Single or a Program -Specific Audit conducted for that year.
2016.1 5
Such Audit must be conducted in accordance with General' Accepted Government
Auditing Standards.(GAGAS.)
a) Single Audit. A single audit must be conducted in accordance with 2 CFR
200.514 "Scope of Audit":, -except when the SUBRECIPIENT. elects;to have a.
Program -Specific Audit conducted in accordance with paragraph b) of this
section.
b) Program -Specific .Audit. When a .SUBRECIPIENT expends federal awards
under only one federal program. andrthe federal program's:statutes, regulations,
or the terms and conditions of 'the federal award :do not :require. a financial
statement audit of the SUBRECIPIENT, 'the SUBRECIPIENT may elect' to
have a Program -Specific Auditconducted in. accordance with 2 .CFR 200.507
"Program -Specific. Audits"..
The auditor must:
(i) Perform an audit of the financial statement(s). for the Federal program
in accordance to GAGAS;
(ii) Obtain an understanding of internal controls and perform tests of
internal .controls over the :Federal program consistent with the
requirements of 2 CFR 200.514(c) to ensure .compliance with
procedures;
(iii) Perform procedures to determine' whether the SUBRECIPIENT has
complied with Federal statutes, regulations, and the terms and
conditionsof Federal awards that. could have a direct and material effect
on .the Federal program consistent with the requirements of 2 CFR
200.514(d).
(iv) Follow up on prior audit' findings, perform ,procedures to _assess the
reasonableness of the summary schedule of prior audit findings
prepared by the SUBRECIPIENT in accordance ,with the requirements
of 2 CFR 200.51 1 "Audit findings follow-up", and report, as a current
year audit 'finding, when the, auditor 'concludes that the summary
schedule of prior audit findings materially misrepresents the: status of
any:prior audit finding; and:
(v) Report any audit findings consistent with -_the requirements of 2 CFR
200,516 "Audit findings":.
The auditor's.report(s) must state that the audit was conducted in accordance
With this 2-CFR 200.507 "Program -Specific Audits" and include the following:
(i) An opinion. (or disclaimer. of opinion) as' to whether the :financial
statement(s) of the Federal program is presented fairly in all material
respects in accordance:with the:stated accounting policies;
(ii) A report,on internal control related:to. the Federal program, which must
describe the scope of testing- of internal control and the results of the
tests;
(iii) •A report.oncompliance which includes an opinion (or disclaimer of
opinion) :as. to whether' the SUBRECIPIENT complied with laws,
regulations; and the terrMs and conditions:of Federal awards which could
have a direct and material effect on the Federal..program;-and
(iv) .A schedule. of _findings and questioned costs for the Federal prograth
thatincludes a summary.of the auditor's °results relative to the Federal
prograrn in a format consistent with 2 CFR:200.515 "Audit reporting'',
paragraph (d)(.1) and findings:and questioned costs consistent With the
requirements of 2 CFR 200.515 "Audit' reporting", paragraph (d)(3).
5.1.2 If the.SUBRECIPIENT expends less than S750,000 in federal funds during its fiscal.
year, it is exempted from federal audit requirements'forthat year and consequently
the audit cost is not a reimbursable expense. The CITY, however, may request the
SUBRECIPIENT to have a limited -scope -audit for monitoring purposes. These -
limited scope audits will be paid for and arranged by the CITY and address only
one or more of the following types of compliance.requirements: activities allowed
or unallowed; allowable costsicost principles; eligibility; matching, level of effort,
earrnarking; arid, reporting.
All reports presented to the CITY shall, where applicable, include sufficient information
to provide a proper perspective for: judging the prevalence and. consequences of :the
'findings, such as whether an audit finding -represents an: isolated. instance or a systemic
problem. Where appropriate, instances identiified.shall be.related to the:universe.and the
number of cases examined and quantified in terms of dollar value.
ARTICLE VI
RECORDS AND REPORTS
6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY
to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUBRECIPIENT:
6.1.1 Records providing a full description of each activity assisted (or being assisted)
with CDBG Funds, including its location (if the activity has a geographical locus),.
the amount of CDBG Funds budgeted, obligated and expendedfor the activity, and
the specific provision in 24 CFR Subpart C of the CDBG Program regulations under
which the activity is eligible.
6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set
forth in 24 CFR 570.208 of CDBG Program regulations. Where information on
income by family size is required, the SUBRECIPIENT may substitute evidence
establishing that the person assisted qualified under another program having
income qualification criteria at least as restrictive as that used in the definitions of
"low- and moderate -income person" and "low- and moderate -income household"
as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a
verifiable certification from the assisted person that his or her familyincome does
not exceed the applicable income limit established in accordance with 24 CFR
570.3; or the SUBRECIPIENT may substitute a notice that the assisted person is a
referral from any governmental agency that determines persons to be "lbw; and
moderate -income persons" based. upon HUD's criteria and agrees to maintain
documentation supporting those determinations. Such records shall include the
following information:
(i) For each activity, determined to benefit low- and moderate -income persons,
the incomelimits applied and the point in time when the benefit was
determined.
(ii) For each activity which. benefits are available to all residents in a particular
area, at least 51 percent'. of' those residents must be low -and -moderate
income persons. Such area needs not be coterminous with census tracts or
other officially recognized boundaries, but must be the entire area served by
the activity. An activity thatserves an arca that is not primarily residential
in character shall not qualify under this criterion.
(iii) For each activity determined to benefit low -:and moderate -income persons
:because the activity involves .a facility or service designed for use by a
limited clientele consisting exclusively or predominantly of low -and
moderate -income persons:"
a) Documentation establishing that the facility or service is designed
for and used by: senior citizens,.disabled persons; battered spouses,
abused children, the homeless, : illiterate persons, or migrant farm
workers for which the regulations provide presumptive benefit to
low- and moderate -income persons; or
b) Documentation 'describing how the mature :and, if applicable, the
location of the facility or service establishes that it is used
predoininantiy by low- and moderate -income persons; or
c) Datashowing the size and annual income .of the family of each
person receiving the benefit.
6.1.3 :Equal Opportunity Records.: containing:
(i) Data on the extent to which each:racial: and ethnic group and single -headed
households (by gender:of household head) have applied for, participated in,
or benefited from, any program or activity funded in whole or in part with
CDBG Funds. Such information shall beused only as a basis for further
investigation relating to compliance with any requirement to attain or
:maintain any particular statistical measure by race, ethnicity, or gender in
covered programs.
(ii) Documentation of actions undertaken to meet the requirements of Section
3 of the Housing and Urban Development Act of 1968; as amended`(12
2016; f
U.S.C. 1701U) relative to the hiring and training of low and very low
income persons and the use.of local businesses.
6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR
5.70.502.
6.I.5 Records required to be'maintained in accordance with other applicable laws and
regulations set forth -in 24 CFR 570 Subpart K.
6.2 RETENTION AND ACCESSIBILITY OF RECORDS:
6.2.1 The Department shall have the authority to review the SUBRECIPIENT's records,
including Project and programmatic records and books of account, for a period of
five(5) years from. the expiration/termination of this Agreement (the "Retention
Period"). All books of account and supporting documentatiomshall be kept by the
SUBRECIPIENT at least untii,the expiration of the Retention.Period.
The SUBRECIPIENT shall maintain, records sufficient to -meet the requirements of
24 CFR 570.506. All records and reports required herein shall be retained and Made
accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida .Statutes, as the same may be amended from .time to time,
pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement
Records shall be at all times subject to and available for full access and review,
inspection and audit by the CITY, 'federal personnel and any .other.personnel duly
authorized by the CITY,
6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts
used. to engage subcontractors to carry out any eligible substantive project or
programmatic activities, as described in this Agreement 'and defined by the
Department, each of the record -keeping and audit requirements .detailed .in this
Agreement. The Departinentshall, in its'sole discretion, determine when services
are eligible substantive project and/or programmatic activities and subject to the'
audit and. record -keeping requirements described in this Agreement.
6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of .any kind
indicating any threatened or pending litigation, claim or audit arising out of the
activities pursuant,to the project, .the activities and/or the Work Program or under
the terrris,of this Agreement, the Retention Period shall be extended until such time
as the threatened or pending litigation, claim or audit is, in the sole and absolute
discretion Oldie Department fully, completely and finally resolved.
6.2.4 The SUBRECIPIENT shall notify the Department in writing, both during the term
of this Agreement and after its expiration/termination as part of the final closeout
procedure, of.tlie address where all.Agreement Records will 'be retained..
6.2.5 The •SUBRECIP[ENT shall obtain the prior.written consent of the, Department for
the.disposal of any Agreement Records within one year after the expiration of the
Retention Period.
6-.3 PROVISION OF RECORDS:
6.3.1 At any time upon request -by the Department, the SUBRECIPIENT shall provide
.all Agreement Records -to -the Department. The.requested Agreement Records shall
become the property of the Department. Without restriction; reservations or
limitation on their use. The Department shall have unlimited rights to all. books,
articles, or other copyrightable materials developed in --the .performance of this
Agreement. These rights include .the right. of. royalty -free, nonexclusive, and
irrevocable license to reproduce, publish, or otherwise use, and to authorize others
to. use the Work Program for. public purposes.
6.3.2 If the SUBRECIPIENT receives funds from, or is under.regulatory control of, other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the.:SUBRECIPIENT shall provide a copy
.of each such report and any follow-up communications and .reports to the
Department immediately upon. such issuance,. unless such disclosure would be
prohibited by any .such issuing agency:
6.4 MONITORING. The SUBRECIPIENT shall permit -the Department and other persons duly
authorized by the Department to inspect all. Agreement Records, facilities, goods,. and activities of
the SUBRECIPIENT 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 SUBRECIPIEN"1'._ Following such inspection or interviews, the Department will deliver to the
SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all:deficiencies cited
by the Department within the specified period of time set forth in the report .or provide the
Department with a reasonable justification for not correcting the same. The Department will
determine, in its sole and absolute discretion, whether or not -the SUBRECIPIENT's justification
is acceptable.
At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of
the SUBRECIPIENT's official policies on specified 'issues relating_ to the SUBRECIPIENT's
activities. The CITY Will carry out monitoring and evaluation activities, including. visits and
observations by CITY staff. The SUBRECIPIENT shall. ensure the cooperation of its employees
and its Board members in Such efforts: Any inconsistent, incomplete, or inadequate information,
either received by the CITY or obtained through monitoring and evaluation by the CITY, shall
constitute cause for the CITY to terminate this Agreement.
6.5 RELATED PARTIES. The term ."related -party transaction" includes, but:is not limited to,
a for -profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping
'Board' of .Directors and. an organization for which the. SUBRECIPIENT is -responsible for
appointing memberships. Upon.forming the relationship or if already formed; before of at the time
of execution of -this Agreement, the ..SUBRECIPIENT shall report such relationship, to the
Department. Any supplemental information shall be promptly reported to. the. Department. The
SUBRECIPIENT shall:report to the .Department the:name, purpose for and any and all other
relevant information'in connection with any related -party transaction.
6.6 PROGRESS REPORTS. The SUBRECIPIENT shall submit to the CITY, .on a quarterly
basis, a Work Program Status Report.
2016.1.
10
ARTICLE VII
OTHER CDBG PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current: documentation that its activities. are CDBG
eligible in accordance with 24 CFR 570.201(0).
7.2 .The SUBRECIPIENT shall ensure and maintain documentation that conclusively
demonstrates that each_activity assisted, in whole or in part, with CDBG Funds is an activity which
provides,benefit to low- and moderate income persons.
7.31 The SUBRECIPIENT shall comply with all applicable. provisions of 24 CFR 570 and shall
carry out each.activity in compliance with all applicable federal laws and regulations described
therein..
.7,4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate
citizen participation structures, including the appropriate: areacommittees, of the activities of the
SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the
SUBRECIPIENT shall attend meetings, of the appropriate committees and citizen participation
structures upon the request of the citizen participation officers ,or the Department.
7.5 Thc_SUBRECIPIENT shall, to the greatest extent possible, give low -and -moderate -income.
residents of the service areas opportunities for and employment.
7.6 NON-DISCRIMINATION..'The SUBRECIPIENT shall not discriminate on the basis of
race, color, national origin; sex, religion, age,, marital or family status or handicap in connection
with the activities arid/or the. Work Program or. its performance under this Agreement.
.Furthermore, the SUBRECIPIENT _ agrees that no otherwisequalified individual shall, solely by
reason of his/her race, sex, color, creed, national origin, age,. marital status or handicap, be
excluded from the participation in, be denied benefits of, or be subjected to discrimination under
any, program or activity receiving federal financial assistance.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws
and regulations, including those described in 24 CFR 570 Subpart It, ("Other Prograin
Requireients") of the CDBG Program regulations:
7.8 The SUBRECIPIENT and its subcontractors shall comply with the Davis -Bacon Act, the -
Lead -Based Paint Poisoning Prevention Act, and any other applicable laws, :ordinances and
regulations.
7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD
Form 4010 incorporated herein as part of this Agreement.
7.1.0 UNIFORM ADMINISTRATIVE REQUIREMENTS: The SUBRECIPIENT shall comply
with the requirements and standards of 2,CFR 200, "Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal .Awards' , as set forth under Subpart D "Post
FederalAward Requirements" and Subpart E-"Cost Principles."
7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the
SUBRECIPIENT is or Was created by a religious organization, the SUBRECIPIENT agrees that
2916 1.
Ii
all CDBG Funds 'disbursed under this Agreement shall be subject to the conditions, restrictions,
andlimitations of 24 CFR 570 200(j).
In accordance with the First Amendment, of the United States Constitution,.particularly regarding
the relationship between church and State, as a general rule, CDBG assistance may not be used for
religious.activities-as provided. in 24 CFR.570.200(j). The SUBRECIPIENT shall comply with
those requirements and prohibitions when entering into subcontracts..
7.12 REVERSION OF ASSETS. Upon expiration/termination of this .Agreement, the
SUBRECIPIENT .must transfer to the CITY any unused CDBG Funds at the 'time of
expiration/termination and any accounts receivable attributable to the,use of CDBG Funds.
7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation Of this Agreement that remains
uncured thirty (30) days after the SUBRRCIP[ENT's'receipt of notice from the CITY (by certified
or registered mail) .of such violation may, at the option of the CITY; be addressed by an action for
dainages or equitable relief, or any other remedy provided at law or in equity: In addition to the
remedies of the CITY set forth .herein, if the SUBRECIP1ENT fails to comply with the terms of
this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR
85.43,.as.set forth more fully below in Article IX., -of this Agreement.
7.14 The SUBRECIPIENT shall not assume the CITY's environmental responsibilities
described at 24 CFR 570,604 of the CDBG Program regulations nor the CITY's responsibility for
initiating the.review process under Executive Order 12372.
7.15 USE OF FUNDS FOR LOBBYING PROI-11BITED. The expenditure of Agreement funds
for the purpose of lobbying the Legislature, judicial branch, or a state agency are _expressly
prohibited.
ARTICLE- V III
PROGRAM INCOME
2 CFR 200.307
8.1 Program income means gross income received by the SUBRECIPIENT which has been
directly generated from the use of the CDBG Funds. When such income is generated by an activity
that is only partially:assisted with the CDBG Funds, the income shall be prorated to reflect the
percentage of CDBG Funds used. Program income generated by CDBG funded activities shall.be
used only to .undertake those activities specifically approved by the CITY on and for. the Work
Program. Alf provisions of this Agreement shall apply to such activities. Any program income
on hand when this .Agreement expires/terminates or received after such expiration/termination
shall be paid to the CITY, as required by 24 CFR 570.503(b)(8) of the CDBG Program regulations.
The SUBRECIPIENT shall submit to the CITY, if applicable, a Program Income Report on a
quarterly basis. The Program Income Report shall identify CDBG.activities in which income was
derived and how income has been utilized.
2016.1
12.
8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall
be remitted to the CITY on:a monthly .basis: .Any CDBG Funds funded to the SUBRECIPIENT
that do not meet the eligibility requirements, as applicable, must be repaid to the CITY.
ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION
2 CFR 200.338 and 200.339
-9.1 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: SUBRECIPIENT, 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
SUBRECIPIENT an amount in -excess. of the total sum, provided by this:Agreement.
his hereby understood byand between the CITY and the SUBRECIPIENT that any payment.made
in accordance with this Agreement to the SUBRECIPIENT shall be made only if the
SUBRECIPIENT is not in default. under the terms of this Agreement. If the SUBRECIPIENT is
in default, the CITY shall riot' be obligated and shall not pay to the SUBRECIPIENT any sum_
whatsoever.
If the SUBRECIPIENT fails to comply with any term of this'Agreement, the -CITY may take one
or more of the following -courses of action:
9.1.I Temporarily withhold cash payments pending correction of the deficiency by the
SUBRECIPIENT,, or such more severe enforcement action as the CITY
:determines is necessary or appropriate.
9.1.2 Disallow.(that is, deny -both the use of funds and matching credit) for ail or part
of the. cost.of the activity_or action not in compliance.
9.1-.3 Wholly or partially suspend or terminate -the current CDBG Funds awarded, to the
SUBRECIPIENT.
9.1.4 Withhold further CDBG grants and/or loans for the. SUBRECIPIENT.
9.1..5 Take:all such other remedies .that may be legally available.
Notwithstanding any other provision of this Agreement, if the SUBRECIPIENT fails to comply
with any term of this Agreement, the SUBRECIPIENT, at the. sole:discretion of the City; shall pay
to the City an amount equal to ,the . current market value of any real property, under the
SUBRECIPIENT's control, acquired orimproved in whole or in part with CDBG Funds (including
CDBG Funds provided to the:SUBRECIPIENT in the form'ofa loan and/or grant), less any portion
of the value attributable to ekpenditures of non-CDBG funds for the acquisition of, of improvement
to, the property. The payment is program income to the City.
:0I6 I
13
9 ? SUSPENSION.
9.2.1 The Department may, for reasonable cause, temporarily suspend .the
SUBRECIPIENT's operations and authority to obligate funds under this
Agreement or withhold payments to the SUBREC[PIENT pending necessary
corrective action by the ,SUBRECIPIENT, or both. Reasonable cause .shall be
determined by the Department in its,sole and absolute,discretion, and may include:.
(i) Ineffective. or improper use_of the CDBG Funds by the SUBRECIPIENT;
(ii) Failure by the SUBRECIPIENT to comply with: any term or provision of
this Agreement;
-Oil) .Failure by the SUBRECIPIENT to submit any documents required. bythis
Agreement; or
(iv) The .SUBRECIPIENT's submittal of incorrect.,or incomplete documents.
9.2,2 The Department may .at atiy time suspend the SUBRECIPIENT's authority to
obligatefunds, Withhold payments, or both.
9,2,3 The actions -described in paragraphs 9.2.1 and 9.2.2 above may be applied to all:or
any part of the activities funded 'by this Agreement.
9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken
pursuant,to this Article, by certified mail, return receipt.requested, or by in person
delivery -with proof of delivery. The notification will include the reason(S) for.such
action, any conditions relating to the action taken, and the necessary corrective
action(s)..
9.3 TERMINATION.
9.3.1 Termination Because of Lack of funds,. In the event the CITY does not receive
funds to finance this. Agreement from: its funding source, or in the event that the
CITY's funding source de -obligates the funds allocated to fund this Agreement, the
Department. may terminate this Agreement upon: not less' than twenty-four (24)
hours prior notice in writing to the SUBRECIPIENT. Said notice shalt be delivered
by certified_ mail, return, receipt requested, or by iri person delivery with proof of
delivery. In the event that the CITY's funding source :reduces the CITY's
.entitlement under the CDBG Program, the CITY shall determine; in its sole and
absolute.discretion, the availability of funds for the SUBRECIPIENT pursuant to
this Agreement.
9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole
or in part, in the event. the Department determines, in. its sole and absolute
discretion, :that the: SUBRECIPIENT is not compliant with any term or:provision
of this Agreement.
The Department may terminate this Agreement, in whole or in part; in the event
that the Department determines, in.its sole and absolute discretion, that there exists
an event of default under and. pursuant to the terms of any other agreement. or
14
obligation of any kind or nature Whatsoever of the SUBIRECIPIENT to the, CITY,
direct or contingent; wliether'now or hereafter due, existing, created or arising.
9.3.3 Unless the SUBRECIPIENT's breach is waived by the. Department in writing, the
Department .may, by written notice to the SUBIZECIP.IENT, terminate this
Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be4eliveredby certified mail, return receipt requested, or by in person
delivery with proof of .delivery. Waiver of breach of any provision of this.
Agreement shall not be deemed to be a waiver orally. other .breach and shall _not be
construed to be a modification of the terms of this Agreement. The provisions
hereof are not intended to be, and shall not be, construed to limit the Department's
right to legal or equitable.remedies.
ARTICLE.X
MISCELLANEOUS PROVISIONS
10.1 INDEMNIFICATION. The Sub -recipient shall 'indemnify, hold harmless, and defend the
City, its officers, agents, directors, and/or employees, from liabilities, damages, losses, judgments,
and costs, including, .but not limited to. reasonable.attorney's fees, to the extent. caused by the
negligence,;recklessness, negligent act. or omission, or intentional wrongful misconduct of Sub -
recipient and persons. employed or utilized by Sub-recipient.in the Performance of this Contract.
Sub -recipient shall, further, hold the City, its officials and/or employees,:harmless for, and defend
the City; its officials and/or employees against, .any civil actions, statutory or similar claims,
injuries or damages.arising or resulting from the permitted work, even if it is alleged ,that the:City,
its officials and/or employees werenegligent. These indemnificationsshall survive -the term of this
Contract. In the event that any:action or proceeding is brought against the City by reason of any
such claim or demand, the Sub -recipient shall, upon written notice from the City, resist and defend
such action or proceeding by counsel satisfactory to the .City.. The. Sub -recipient expressly
understands and agrees that:any insurance protection required by this Agreement or otherwise
provided by the Sub -recipient shall in no way'liinit the responsibility to indemnify, keep and save
harmless and defend the City or its officers, employees, agents. and instrumentalities as..herein
provided.
The indemnification provided above shall obligate the Sub -recipient to defend, at its own expense,
to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at .the Citys option, any and. all claims of liability and all suits and. actions of every name and
description which may be brought against the City whether performed by the Sub=recipient, or
persons employed or utilized by Sub -recipient.
This indemnity will survive the.cancellation or expiration of the .Agreement. This indemnity will
be .interpreted under the laws of the State of Florida, including without limitation and
interpretation, which conforiris'to the 'limitations of 0725.06 and/or §725.08, Florida Statutes, as
;applicable:
.2016.1
15
The Sub -recipient shall require all Sub -contractor agreements to include a provision that they will
indemnify the City.
The Sub -recipient agrees and recognizesthat the City shall not be held liable or responsible for
anyclaiins which may result from any actions or omissions of the SUB -RECIPIENT in which the
City participated either through review or concurrence of the Sub -recipient's actions. in reviewing,
approving or rejecting any submissions -by the Sub -recipient or other acts of the Sub -recipient, the
City in no way assumes or. shares any responsibility or liability of the Sub -recipient or Sub -Sub -
recipient under this Agreements.
10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing
and signed by both parties hereto. Budget modifications:shall be approved by the Department in
writing..
10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT
under this Agreement shall be delivered to the CITY upon completion of the activities required,
pursuant to this Agreement and . shall become the property of the- CITY, without restriction or
limitation on their use, ifrequested.by the City. The SUBRECIPIENTagrees that all documents
Maintained and generatedpursuant to this Agreement shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida .Statutes.
It is further understood by and between the parties that any document, which is given by the CITY
to the SUBRECIPIENT pursuant to this Agreerent, shall at all times remain the: property of the
CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the.
prior written consent cif the CITY.
10.4 AWARD OF AGREEMENT.- The SUBRECIPIENT warrants that it has not employed or
retained any person 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 employed by the CITY any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or resulting from the.award of this
Agreement.
10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT 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 granted or withheld in the CITY's sole
discretion.
10.6 CONSTRUCTION -OF -AGREEMENT. This Agreement shall be construed and enforced
according to the laws ofthe State of Florida.
10.7
20164
CONFLICT OF INTEREST.
10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently
exercises any :functions or responsibilities 'in connection with .CDBG Program
funded activities :has any personal financial: interest, direct or indirect, in this
Agreement.. The SUBRECIPIENT further covenants that, in. the performance of
.this Agreement, no person having such a conflicting `interest shall be employed.
Any such interest on the part of the SUBRECIPIENT or its employees .must be
disclosed in writing to the CITY..
16:
10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami
(City of Miami Code Chapter 2, Article V), Dade County, Florida(Dade County
Code Section 2-11-1), the State of Florida (Chapter 112, Florida Statutes), and 24
CFR 570.611 and agrees that. it shall comply in all respects with the terms of the
same.
10.7.3 In all other cases, the SUBRECIPIENT shall comply with the standards contained
within 24 CFR 570.611
10.8 PROCUREMENT, The SUBRECIPIENT shall complywith the standards contained
within 2 CFR 200Subpart D, "Post Federal Award Requirements."
10.9 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the
SUBRECIPIENT agrees and understands that .the CITY has no .obligation to renew this
Agreement..
10.10: ENTIRE AGREEMENT. This instrument and its attachments constitute the only
agreement of the parties hereto relating to the CDBG Funds and sets forth the rights, duties, and
obligations of each of the parties heretoto 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.
10.11 GENERAL CONDITIONS:
10.11.1 Alt notices. or. other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be deliveredby in person delivery or by
registered. mail addressed to the other party at the address indicated herein or as
the same may bechanged from time to time, upon notice in writing. Such notice
shall be deemed given on the day on which personally -served, or, if by mail, on
the fifth day after being posted or the date of aetual receipt, whichever is earlier.
CITY OF M1AM1
.George Mensah,.Director
Department of Housing & Community Development
One Flagler Building
14 NE 1" Avenue, Second Floor
Miami, Florida 33132
SUBRECIPIENT
The START Program, Inc.
346,1 FLORIDA.AVE
Miami, FL `::331'33
10.11.2 Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
2016.1
17
10.11.3 In the event of conflict between the terms .of this Agreement and any terms or
conditions contained in any attached documents, -the terms in this Agreementshall
control.
1,0.11:4 .No waiver of breach of any provision .of.this Agreement shall constitute a waiver
of anysubsequent breach, of the -same or any other provision hereof, and no waiver
shall be effective unless made in writing.
10..1.1.5 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 to conform with such laws, then same shall be deemed severed,
and in either event, the remaining, terms and provisions of this Agreement shall
remain unmodified and in Tull.force and effect.
10.12 INDEPENDENT CONTRACTOR. The SUBRECIPIENT and its employees and agents
shall be deemed to be_ indep.endent contractors and not agents or employees of the CITY, and shall
not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any
rights generally afforded ,classified _or unclassified employees; further, they shall not be deemed
entitled to thb Florida Worker's Compensation benefits as employees of the CITY.
10.13 SUCCESSORS AND ASSIGNS. This Agreement shallbe binding uponthe_parties hereto,
and their respective heirs, executors, legal representatives, successors, and assigns.
10.14 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT-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 SUBRECIPIENT'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 SUBRECIPIENT to act in
connection -with -this Agreement and to provide such information as may be required.
.1,0.15 WAIVER OF JURY TRIAL. Neither the SUBRECIPIENT, nor any assignee, successor,
heir or personal representative ofthe,'SUBRECIPIENT, 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-SUBRECIPIENT, nor any
other person or entity will seek to consolidate any such action in which.a jurytrial 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:
10.16 CLOSE OUT. When the City .determines that all required work under,the Agreement has
been completed or upon the .expiration ;or termination of the SUBRECIPIENT Agreement, the
CITY shall require the SUBRECIPIENT to provide. final versions of all. financial, perforinance,
and other -reports. These reports may include, but are not limited to:
:6t6,1
18
• A finalperformance or progress report.
A financial status report (including all program income).
a A.final request for payment.
▪ A final inventoryof property in the SUBRECIPIENT"s -possession that was acquired or
improved with CDBG funds.
1.0.17 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
originaI, and such counterparts: shall together constitute but one and the same, Agreement. The
parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by
facsimile, PDF or other email transmission), which signature shall be bindingon 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.
19
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
The START Program, Inc.
3461 FLORIDA AVE
Miami, FL 33133
a Florida not -for -profit corporation
AUTHORIZED REPRESENTATIVE: ATTEST:
Title:
Phyllis Bellinger " Date: 11/01/2021
xecutive Director
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Arthur I oriega
City Manager
Name:
Title:
Gr3
Corporate Seal: KIMBERLY N. SMITH
Commission it GG 327261
Wires August 2.2023
Date: 11
12csZ.1
ATTEST:
Date: Todd B. Hann Date:
I
APPROVED AS TO INSURANCE
REQUIREMENTS
Digitally signed by Gomez,
Gomez Frank Frank
� Date: 2021.11.0213:58:53
-04'00'
Ann -Marie Sharpe
Risk Management
Date:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Victoria Mende
City Attorney21-2706
Date:
2010 I
20
al
*V
tot
City of Miami
Legislation
Resolution: R-21-0422
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10783
Final Action Date: 10/1412021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN
THE AMOUNT OF $524,999.30 FROM THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT TO THE AGENCIES AND/OR DEPARTMENTS
SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC
SERVICE ACTIVITIES FOR PROGRAM YEAR 2021-2022; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS, INCLUDING AGREEMENTS,
AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS, ALL IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL
FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH
FUNDS, FOR SAID PURPOSE.
WHEREAS, pursuant to Resolution No. R-21-0388 adopted September 23, 2021, the
City Commission allocated Program Year ("PY") 2021-2022 Community Development Block
Grant funds in the Public Service program categories, allocating an amount of $524,999.30
("Funds") to the Department of Housing and Community Development ("HCD"); and
WHEREAS, the Funds need to be reallocated to the agencies and/or departments,
specified in Exhibit "A," attached and incorporated, for public service activities; and
WHEREAS, the City of Miami's Administration recommends the reallocation of the
Funds from HCD to the agencies and/or departments specified in Exhibit "A," attached and
incorporated, for public service activities for PY 2021-2022.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this section.
Section 2. The reallocation of the Funds from HCD to the agencies and/or departments
specified in Exhibit "A," attached and incorporated, for public service activities for PY 2021-2022
is authorized.'
Section 3. The City Manager is authorized' to negotiate and execute any and all
necessary documents, including agreements, amendments, extensions, and modifications, all in
forms acceptable to the City Attorney, subject to all federal, state, and local laws that regulate
the use of such funds for said purpose.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 1 of 2 File ID: 10783 (Revision:) Printed On: 10/19/2021
File ID: 10783
Enactment Number: R-21-0422
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
10/4/2021
City of Miami Page 2 of 2 File ID: 10783 (Revision:) Printed on: 10/19/2021
EXHIBIT "A"
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CDBG Public Service Reallocation PY:2021-2022
Agencies/Department
Description of Services
CDBG Funding
PY:2021.2022
Allapattah Community Action
Elderly Meals
$186,799.82
Boys & Girls Clubs of America
Youth Service
$4,000.00
De Hostos Senior Center, Inc
Elderly Meals
$18,000.00
Family Action Network Movement, Inc.
Youth Service
$28,000.00
Girl Power Rocks, Inc.
Youth Service
$30,175.00
Greater Miami Service Corps.
Youth Service
$30,000.00
Multi -Ethnic Youth Group Association, Inc.
Youth Service
$30,000.00
St. Alban's Day Nursery, Inc.
Child Care Service
$30,000.00
The Liberty City Optimist Club of Florida, Inc.
Youth Service
$60,000.00
r he Start Program, inc
Youth N e
$20;000:00;
The Association for Development of the
Exceptional, Inc.
Handicapped, Mental Health, Elderly
Services
$16,402.00
Thelma Gibson Health Initiative
Employment Training
$66,000.00
Department of Housing &Community
Development
To be allocated
$5,622.48
TOTAL CDBG PS PY:2021-2022
$524,999.30
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized on the date above written.
SUBRECIPIENT
The START Program, Inc.
346„1 FLORIDA AVE
IsrlianiI; FL
a Florida pot -for -profit corporaticn
AUTHORIZED. REPRESENTATIVE:
ame Phyllis ellinger Date: 11/01/2021
Title: Exectitive Director
CITY OF MIAMI, a municipal
Corporation of the State of Florida
Arthur Noriega V
City Manager
Date:
ATTEST!.
Na
Title:
• -VC619-
Corporate Seal:
ATTEST:
9.c52,1
KIMBERLYN. SMITH
Commisoon# GG 327261
ExplrisAuguit 2.2023
eomiluirtisoptt:OssFySNA.-c.
TOdd 13, Hannon
City Clerk
Date;
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS CORRECTNESS:
Digitally signed by Gomez,
Gomez, FranWrank
.Data: 2021.11.02 13:57:48
-0400'
Ann -Marie Sharpe.
Risk Management
Date!
;‘
Min, Digitally signed by ,A,i1in, Barnaby
Barnaby ,„,._Dat: 2021.12.27
. . , • 16:0721 0500'
Victoria Mendez Date;
'City Attorney
2016.1
20
CElt'I'IFl4'A1'E'OF CORPORATE R ,SOI.t'T1ON
AUTHORIZING AGRI•;EMENT
€3. sg717t,;lirimltiilt: Secreta'r .ot 1tic_ti'' Ai2',1' f'ro,etiait .S Board..organized and CS1sting under the laws-tlt
<,t',i'Is rikia and having its principal plztee1V hnsineS a1 1 107 cir,t at ,A�cnua; \h .uii 1 loricla`;31 i`+ ..
ltelebr certify that tlrc following is a true eopy.0i'.a utioitac opkt 1 hythe I3. r•d ut-1)irectorti efthe
Top ration -at a Meeting. com:%ncd and held oit Soten>her 8''.'. 2021 at.titihiah a quorun eras present and
�>titt titrclu,:itotlt..and that such resolinian is null iti 11t11 force and rit'ezt and is in accordance with the
lircn isions of the charter -and t+i•-Iaus of the (-'orperation.
1'hat the I ecutiye f)ircctor ol_the C_orporrtliii,n,,Ph,llis.-Ilellinge , is hereby
authorized Le sittn on hehaif of theCorporation The Cityof fianti, t iorida Department of
C°.onnnunit.)' 1`lle+•clopntcnt and 1-h usinLL Gortnnttuity elolitileht Block Grant (" (D11(1 1
Agreement .for The STAKT t'rottram. The effective dittes.l r-thw Agreeinent are October 1. 2021
through Septem.bcr j0..2022.
I .t'tirtl►et certify' that es C`lrporation is:duly organiized and .existinc: anti.hns the' power to take the anion
for by the l;orcgoiitl resrtltttian.
Witness
ny ha
Tate
td seal flhia ctriicirrttisat crnihia S" ofSvjli.,11t1)4:•r::,:1U21^
(muntlt)
EXHIBIT B
WORK PROGRAM
YOUTH SERVICES. PROGRAM
National. Objective:
1. SUBRECIPIENT understands that the National Objective for this activity is assistance to
low to moderate income persons by serving a limited clientele as defined in 24 CFR
570.208(a)(2) and that the HUD matrix code associated with this activity is:
OSL (Childcare Services) is defined as services that will benefit children under the
age of 13.
Scope of Services:
1. SUBRECIPIENT will provide .youth services and related services to eligible program
participants from October .1, 2021 to September 30, 2022 with funding from the 2021-
2022 CDI3G Program Year.
2. SUBRECIPIENT will provide youth services to eligible program participants on the
following days and time:
X Mo 14v, X Tuesday, Wednesday, Y Thursday, Frida for a total of
,LOcrittagram days between 4:*30 AM
eligible participants, at the following site(s):
The START Program, Inc. - 3807 Grand Avenue, Miami, FL 33133
During 14.g afterschool or/and th 2 summer
Lfg ÷ 261
Other tasks to be performed by. the SUBRECIPIENT in connection with the provision of childcare
services include, but are not limited to, the following:
3. Perform eligibility detemiination: (24CFR 570.208(a)(1)(i) and 24CFR 570.506)
A. Only children and family meeting the following criteria will be considered eligible
program participants:
a. Reside in the City of Miami
b. A member of a low (extremely low to low) income household
c. Ages 13 to 19 years old
B. SUBRECIPIENT must keep in file proof of the information listed below demonstrating
that each program participant is eligible to receive program benefits:
and 67 3 0 AM
ao
onciy—Friclay
IDoOcfCOfrn
City of Miami PUblicervice Application
Parent current picture ideritification.
c. Proof:Of Participants, Age
i. Legible copy of a birth certificate'
ii. School registrar information.foractive school year
d.. Proof.of living in. the city and thediStriet
i. .Sohool registrar information for active school year
I. Alsoiinclude the following print outs from the.below two -links:
a, littps://wvAv.iniamidade.gov/pa/property search.asp
is Folio #must begin with 0.1- to. be consider a City
of Miami resident.
b. https://www.mianigov.eoni/ServicesfYour-
Neighborhood/Find-My-CornmissionerDistrict-Map
e. Current:HUD Income Limits. Chart (At.the time of clientintake.)
is https://www:huduser.gov/portal/datasets/il.htnzl
f. Proof of Household -Income (Any one of those documents, will suffice:)
i. .School registrar information showing meal. qualification status (for
active school.year).
ii. Pay Stub (not older than 90 days- 3 months -of paycheck stubs)
iii.. Bank. Statement showing"direct deposit amounts (not older than 90 days)
iv. Employer Statement/ Letter (not alder than 90 .days)-
v. Social'Security Statement
vi.. Medicaid Cards
vii.. Section 8 certification
viii. AFDC/ Food Stamp Authorization.Statement
ix. Latest. IncomeTax Return
g. Proof of Legal; Residency:
i. Last:five (5) digits of clients SSN.must be_clearly written on application
R. If illegal aliens, application must.indicate their legal status
SUBRECIPIENT may replace program participants Who stop receiving program benefits by
providing the information required in items 4'a. and b. for the,new participant. SUBRECIPIENT
will not:invoice the City of Miami until the proposed participant_ is certified as eligible by the City
of Miami.
4. At all times, maintain facilities "in conformance with all applicable codes, licensing, and
other requirements for the operation of day care center and/or youth center.. The facilities
must be handicapped accessible.
5._ Procure services and equippient in a .manner that provides, to the maximum extent,
practical, open and. free competition.and.in compliance with 24 CFR '84.40-48.
6. As part_ of the .programs; 'provide a range of structured social, educational and cultural
enrichment activities appropriate:to.the age group being served.
7. Maintain program and financial records documenting the eligibility, attendance, provision
of services, and. SUBRECIPIENT expenses relative to the youth services as a result of the
assistance _the CDBG program.
8. SUBRECIPIENT will. provide,the following program reports to the City:
a. A monthly report .for the: services provided to. eligible participants in a form
provided .by.. -the CITY. This report must include:the date range when services.were
provided, the name of the participant, type of serviceprovided (after school or full
day), the last five digits of the participant's: social security number, and the ntiMber
ofdays'served. This form must be signed by the Program Manager.and Executive
-Director.
b. A final Close -Out (financial report) and. inventory report.
Authorized Representative Signature:
tint lArne: Phyilts Be linger
it1e:'EeVe'Direettir
I 1/0 it021
Date
STATE OF FLORIDA.
COUNTY OF MIAIYII-DADE
The foregoing instrument was acknowledged before me by means of 1physical presence or 0 online
notarization; this 1st dayof November. 20 21 by
Phyllis Bellinger, Executive Director of The START Pro ram Inc. a Florida Not For .Profit
Corporation, on behalf of the cOrporation. He iZED is ersonallv known to me or has produced
[Notary Seal]:
as identification.
45t1t1:1,446 KIN Ep LY N. SMITH
CommisSien GG 327261
r
Expires August 2, 202 op
o Bor,tol Pm! BOpt Ilist+.7ir;M:01
A
ignalicre ofNo a
EXHIBIT C
COMPENSATION AND BUDGET SUMMARY
YOUTH SERVICES PROGRAM
A. The maximum compensation under this Agreement shall be S 20;000.00.
B. SUBRECIPIENT's Budget_ Narrative, . Staff Salary Schedule and Cost Allocation are .attached
hereto and made part of this. Agreement.
C. All payments shall befor services provided only during the term of this Agreement and in compliance
with the previously'approved Work Program (Exhibit B) and Program Budget.
D.. Requests for payment should be made at least on amonthly basis. Reimbursement requests should
be submitted to the CITY by_ the .10`s of the following -month to the following email .address
hcdrequest@tniatnigov.com. "After the. indebtedness has been incurred in a form provided by the.
Department. Failure to comply wiar these time frames for requesting reimbursement payment may
result in the rejection. of. those invoices within the reimbursement package which do not meet these
requirements.
E. Each written request for payment shall contain a statement declaring and affinning that 'services
were provided to certified program participants and in accordance with the approved Work Program
and Program: Budget. Ail- documentation in.support of each request shall be subject to review and
approval by the:C1TY at the time the request is made..
F: Ail"expend itures must.be verified with. a copy.of the original invoice and a copy of a check or other
form of payment which was used to pay that specific invoice. in -the 'event. that an invoice.is paid
_by various funding sources; the copy of the invoice must indicate the exact amount (allocation)
paid by various funding_ sources_equaling the total of the, invoice. No miscellaneous. categories
shall be accepted as a. line -item. budget.
G. The SUBRECIPIENT must submit the ftnai request for:payment to .the CITY within .ten (10)
calendar days_ following the termination date of this Agreement: If the'SUBRECIPIENT fails .to.
comply with this requirement, the SUBRECIPIENT shall forfeit all rights to payment and.the CITY
shall not honor.any request submitted thereafter.
H. Any payment due under this Agreement may be withheld pending the receipt and approval by the
CITY of all reports due from the SUBRECIPIENT as a part of this Agreement and :any
modifications thereto.
1. During tire. term. hereof and for a period of five (51 years. following. the. date of the last payment
made .hereunder, the CITY shall. have the 'right .to. review and audit the: time records 'and related
records of the SUBRECIPIENT pertaining to any payments by.the CITY.
Authorized Representative Signature:
-`Title: E
ame: Phyili- Bellinger
ecutiveDirector
11/01/2021
Date.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me
1st: day of November 20 21
Program. Inc., a Florida Not For Profit Corporation
me or has produced � � [Notary Seal]: KIMBERLYN.SMlTti
Cammrsston I�.GG 327261
q,. Expires August 2,2023-
by means o
by Phyllis
,
fas
/physical presence or ° online.notarization, this
eliinger cutive hkQrtor :of:The START
attic corporation. He/she is personally kn iwn'to
ntificatior
Signature a f 1 otary
CITY OF MIAMI
DEPARTMENT.OF HOUSING & COMMUNITY. DEVELOPMENT
ITEMIZED BUDGET NARRATIVE
Agency: The START -Program, Inc.
Contract Period: OCTOBER 1, 2021 SEPTEMBER 30.2022
Funding Source: COMMUNITY DEVELOPMENT BLOCK. GRANT (CDBG)
LINE ITEM
DESCRIPTION.
AMOUNT
460
Space Rental
S 17,123.40
300
General Liability Insurance
$2,876.60
GRAND. TOTAL:
S20,000.00
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
STAFF SALARY SCHEDULE
Agency:. The START Program, Inc.
Feria"rl Covering: October i, 2021: Septcmbet 30,.2022
Employee:Naine
Position;Titic
Social
5enrity: Las
Etbnieity
TYPe'of
Employee
Pt/Ft
Period "
;
Budgeted
Pay Periods.
Annual
Gross .
Salary .
Total Salary
Per Pay?Period" ,
Percent. of :
Solari .
Cha g d to; : -
:. ; ;
Total Amount
Charged to
City
:
N/A
N/A
N/A
N/A
N/A
.N/A
N/A .
N/A
N/A
N/A
N/A
Total:
$0.00
BUDGET FORM II
1OF1
Agency: The START Porgram, Inc.
CITY OF MIAMI
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
COST ALLOCATION PLAN
Period Being Cost Allocated: October 1, 2021 - September 30, 2022
Example Effective Date(s):
6/1/19-5/31/20
10/1/19-9/30/20
6/1/19-5/31/19
1/1/19-12/31/19
Example Line -Item Description
%
CDBG
%
MD Trust
%
SHIP
a/e
Donors
%
Total
Example 100 Rent
23.81
500
38.095
800
23.81
500
14.29
300
100
$2,100.00
Effective Date(s):
Line -Item Description
%
CDBG .
%
Fidelity Charitable
%
Private Donor
%
Real Estate Investors. LLC
%
Total
100 STAFF SALARIES
$0.00
101 STAFF FICA
$0.00
102 STAFF MICA
$0.00
103 STAFF WORKERS COMP.
$0.00
104 STAFF UNEMPLOYMENT COMP
$0.00
105 STAFF GROUP HEALTH INS.
$0.00
200 PROFESSIONAL SERVICES
$0.00
203 AUDIT COST
$0.00
300 GEN. & AUTO LIABILITY INS.
93.2
$2,876.60
6.8
$208.40
$3,085.00
350 TELEPHONE/INTERNET
100
$3,060.00
$3,060.00
360 ELECTRICITY
100
$1,263.12
$1,263.12
380 WATER & SEWER AND GARBAGE
loo
$200.00
$200.00
410 EQUIPMENT MAINT.
$0.00
411 BLDG. MAINTENANCE
$0.00
450 EQUIPMENT RENTAL
$0.00
460 SPACE RENTAL
50
$17,123.40
50
$17,123.40
$34,246.80
501 POSTAGE
$0.00
502 PRINTING OUTSIDE
$0.00
504 ADVERTISING
$0.00
507 MEMBERSHIP(S)
$0.00
510 LOCAL TRAVEL
_
$0.00
511 OUT OF TOWN TRAVEL
$0.00
521 OFFICE SUPPLIES
$0.00
522 PROGRAM SUPPLIES
523 COMPUTER SOFTWARE
$0.00
600 LICENSE & PERMITS
100
$400.00
700 TRAINING
$0.00
800 CAPITAL OUTLAY EQUIP.
$0.00
900 OTHER GRANT FUNDERS CHARGES
too
$17,928.48
GRAND TOTAL:
`$20;000.00
, $20,000:00
$3,060.00
, .. $17,123:40
$41,854.92
BUDGET FORM III
1 OF 1
EXHIBIT D
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies to the best of his or her knowledge and belief,,that:
(1) No Federal appropriated funds have been paid, or will be paid, by .or on .behalf of the
undersigned,. to any person for influencing or atteniptrng:to influence an offeer or employee of an
agency_ a Mernber.of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the.niaking of any Federal
grant, the: making of any Federal loan, the entering into of any cooperative agreement-, and the
extension, eontinuation,.renewal, amendment, or modification, of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than 'Federal appropriated funds have..been paid to any person for
influencing or attempting to intluence. an ,officer or 'employee Of any agency, a Member of
Congress, an officer or employee of Congress, or .an employee of: a, Member 'of Congress in
connection with this Federal contract,. grant, loan, or cooperative agreement, the. undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) This Undersigned :shall require:that the language of this .certification be included in the
award documents for ."Alt" sub -awards., at all tiers (including subcontracts, sub -grants; and
contracts under grants, loans, and cooperative agreements) and that all sub -recipients: shall certify
and disclose accordingly.
* Note: In these instances, "All" in the Final Rule is -expected to be -clarified -to show that it applies
to cover Contract/grant transactions over $ roo,00o (per QMB).
This, certification is a material representation of fact upon.which reliance •was placed .When this
transaction was made or entered into. Submission of this -:certification is a pre -requisite for making
or entering into this transaction. imposed by Section 1352, Title 31, U.S. Code: Anyperson who
faits to file the required certification shall be subject to a civil penalty of not less than S.10,000 and
not more than S 100,000 for each such failure.
Authorized Representative Signature:
UV\ ulk 11/01/2021
int
Title:
me: Ph}l!Ii: Bellinger
ecutive Director
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged .before me: by means of lirJ physical presence or .❑
online notarization, this 1st, day of November 2021 by
Phyllis Bellinger ,:Executive Director of The START Program, Inc,
ai Non -Profit 5o1Ct9) corporation, on behalf of the corpo ation. He/she is personally known to
me or has produced
[Notary Seal]:
KiMBERLY N. SMflH
Ccmmleslon # GG 327161
ExpttesAugust2, 2023
aofiawog. B,ki trateiy Santo
identification
Signature o
EXHIBIT E
CERTIFICATION REGARDING DEBARMENT, SUSPENSION & OTHER
RESPONSIBILITY MATTERS
PRIMARY COVERED TRANSACTIONS,
1. Subrecipient certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred; suspended, proposed for debarment, and declared
ineligible,, or voluntarily excluded from covered transactions, by any Federal
departmentor agency.
'b. Have not within a three-year period preceding this. proposal. been convicted of-
orhad a civil judgement rendered against them for cotntnission 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 or State antitrust statutes or falsification
or.destritction of records, making false statements, or receiving stolen property;
c. Are: not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or. local) with .commission of any of the
offenses enumerated in paragraph I .b.of this certification;:and
d. Have not within a three-year period preceding this application/proposal had one
or more public transactions (Federal, State, or local) terminated for cause_ ,.or
default.
2. 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
of Miami.
Authorized Representative Signature:
AUi ()),Q
\p. int Paine: PnyH
Title: Executive.01
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged ;before :me.by means of ' physical presence or. 0
online notarization, this 1st day of November 20 21 by
Phyllis Bellinger, Executive.Director : of The START Program, Inc. r
a Non -Profit 501C(3) corporation, on behalf of the co .o ation. He/she is personally known to
nie,or`has produced
[Notary Seal]
.N 4;' KIMtse RLYN.SMITH
* Commtsslan N G� 327281
e` Expires August 2.2023
��` 8°"QktmniSwot Notsrystrrleo!
as'identifia 'on.
Signature of\
EXHIBIT F
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A).
FLORIDA STATUTES ON PUBLIC. ENTITY CRIME
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER. OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to Kimberly Smith
by Phyllis Bellinger. Executive Director
(Print this individual's name and title)
for The START Program, Inc.
(Print name of entity submitting statements)
whose business address is 3807 Grand Avenue Miami, Florida 33133
and if applicable is Federal Employer Identification Number (FEIN) is 47-1606513
If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
Statement:
2.1 understand that a "public entity crime" as defined in paragraph 287.133(1)(a), Florida Statutes,
mean a violation of any state or federal taw by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any
other state .orwith the United States including, but not limited to any bid or contract for goods or
services to be provided to any public entity or any agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy,or material misrepresentation.
3. I. understand that "convicted" or "convection" as defined in Paragraph 287.133(1)(b), Florida
Statutes means a finding of guilt or a conviction of a publicentity crime, with or without
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a Jury verdict, nonjury.trial, or entry of
a plea of guilty or`nolo contendere.
4. I understand that an "affiliate" as defined in paragraph-87.133(1)(a), Florida Statutes;_means:
1. A predecessor or successor of a person convicted of public entity crime; or
2. An entity under the control of any natural person who is active in the management ofthe entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when
not for. fair market value under an arrn's length agreement, shall be a prima facie: case that one
person controls another person. Aperson who knowingly enters into a joint venturewitha person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5.1 understand that.a ".person";as defined in Paragraph_287.133(1)(e), Florida Statute s, means_any
natural person or entity organized under the laws of any state or of the United. States with the legal
power to enter into a, binding contract and which bids or applies. to bid on contracts for the provision
of goods or services let :by a public .enti.ty, : or which otherwise transacts or applies to transact
business with .a- public entity. The term "person" includes those officers, executives, partners,
shareholders,:employees,.members, and agents who are active in management of an entity.
6. Based -on information and belief, the statement which.1 have marked below is true in.a relation
to the entity submitting this sworn statement: (Please indicate. with -'an .«X„ which statement
aptilies)
x Neither the entity submitting this sworn statement,. nor any 'of its officers, directors;
executives, partners, shareholders, employees. members,, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
The entity submitting this sworn statement; or one or more of its officers, directors,
executives;. partners, shareholders, employees, members, or agents who :are active in the
managetnent of the entity, or an affiliate of the entity has been charged *ith and convicted of a
public entity crime within the past 36 months. AND (please indicate which. additional statement
applies).
The entity submitting this sworn statement, or one or More of its officers; _directors,
executives, partners, shareholders, employees, Members, or agents who are -active- in the
management of the entity; or agents -ho. are active in the managetnent of the entity, or an affiliate
of the entity has been charged with and convicted ofa public entity crime within the past 36 months,
However, there has been a subsequent proceeding before a Hearing Officers of the State of Florida,
Division ofAdniinistrative Hearings and the Final Order by.the Hearing Officer determined that it
Was not in the public interest to place'.the entity submitting this sworn statement on the convicted
vender List. (Attached is a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF: THIS FORM TO. THE CONTRACTING
OFFICER FOR THE:PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1(ONE) ABOVE
IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM_ IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF TILE CONTRACT ENTERED INTO, WHICI€EVER PERIOD IS'LONGER.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAINED•IN THIS FORM.
Authorized Representative Signature:
iI
Pjint
Title:
PbY {is HPAinQi r
Executive Director
111011?.f71
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing;instrunient was acknowledged before me by means of El physical presence or Cl
20 21 by
online notarization, this ist day of November
Phyllis Bellinger, Executive Director of : The START Program, Inc.
a Nori-Profit 501C(3) corporation, on.behalf of the corpor tion. He/she is personall known to
nie or has produced , identificat'
¢,SY rid
[Notary Seal]:
torn:
KIMBERLY N. SMITH
Commtstton * GG 327261
Expires August 2.2023
&plod Trev Bret Notey Woo
ignature of r tary
Exhibit G
INSURANCE REQUIREMENTS;
PUBLIC SERVICE AND ECONOMIC
DEVELOPMENT PROGRAMS FOR.
HOUSING & COMMUNITY DEVELOPMENT
I. Commercial General Liability (Primary & Non Contributory)
A. Limits of Liability
Bodily. Injury and Property Damage Liability.
Each Occurrence $300,000.
General Aggregate Limit $600,000
Products/Completed Operations $300,000
Personal and Advertising Injury $300,000.
B. Endorsements Required
City of Miami included. listed as additional insured (endorsement
Required)
Explosion, Collapse, & Underground Hazard (If Applicable)
Contingent Liability/Contractual Liability
Premises & Operations Liability
Example. "TheCz'ty oj'Miana isnatned addilionalinszired on the general liability.. Ono
primary and non-contributory basis. All policy and conditions.apply. "
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Owned Autos/Scheduled Autos
Including coverage for Hired and Non -Owned, Autos.
Combined Single Limit $ 300,000 -
B. Endorsements Required
City of Miami included as an Additional Insured -
Example.. "The City of ilianzi it Waned additional insured on the automobile liability,
.Note: If agency does not own any vehicles please submit this stamen on.the agency's.
dated letterhead and signed.by the aii'thoriaed representative:
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident.
$100;000 for bodily injury caused bydisease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability (If Applicable)
Each Claim $250,0.00
Policy Aggregate $250,00,0
V. Certificate Holder Information should.tie listed as the following:
City of Miami
444.SW2nd Avenue
Miami, FL 33130
'THE DEPARTMENT OF RISK MANAGEMENT RESERVES THE RIGHT TO
SOLICIT ADDITIONAL INSURANCECOVERAGE AS MAY BE APPLICABLE IN
CONNECTION TO A PARTICULAR RISK, OR SCOPE 'OF SERVICES/WORK
PROGRAM"
THE ABOVE POLICIES SHALL PROVIDE THE CITY OF MIAMI WITH
WRITTEN NOTICE OF CANCELLATION IN ACCORDANCE WITH POLICY
PROVISIONS.
Companies authorized to do business in'the State of Florida, with the following
qualifications; shall issue all insurance policies required above:
The compainy must be rated no less than "A-" as tomanagement, 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.
Authorized. Representative Signature!
Tint; ame: Ph`las Bellinger
itle: Executive Director
11/01/2021
Date
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me by means of RS physical presence or 0
onlinenotarization, this 1si 'day of _____Nomentaer 20 21 by
Phyllis Bellinger Fvectilivp nirpr}nr Of The.START Program, Inc.. ,
a Non -Profit 501C($1 corporation, on. behalf ofthe cor ajation. He/she is ersoi1a11v knt
me or has produced �;, is identification ' ,
[Notary Seal]:
t¢�Yrier4, KIMBERLYN.SMITH
Cammisston # GG 327261
Ar Expires August2,2023'
Nap in" tkmaw'Thu auayetNoaiysarvkaa
Signature.of N
rY
---.atii THESTAR-01
A CCMEr DATE (NiWDDIYYYY),. CERTIFICATE OF LIABILITY INSURANCE 6H6/2021
THIS CERTIFICATE iS: ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO,RIGHTS.UPON THE CERTIFICATE HOLDER.;THIS
CERTIFICATE DOES NOT AFFIRMATIVELYOR'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.
LJONES
• IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcyi((es) must.have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject• to the terms•and conditions of the' Polley, 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 License U L094577
Seeman Holtz Property & Casualty, LLC
521 East SR 424
Longwood, FL 32750
INSURED
The Start Program, Inc._
3807 Grand Ave
Miami; FL 33133
CONTACT
;.-NAME:
PHONE FAX
(A/c, No, Eat): (407)682.6800 (Arc, Noj:(561) 451-4532
.A ORIEss csr@seemanholtzpc.com
INSURER'S) AFFORDING COVERAGE 1 NAIL i
INSURER A:AIhance Of Nonprofits For Insurance 10023
( INSURER Ef:
INSURER C :
INSURER 0';
INSURER e :
INSURER F :
COVERAGES
THIS IS TO CERTIFY THAT .THE POLICIES OF INSURANCE
INDICATED.. NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
INSR; rADDL;SUBR
LTR , TYPE OF INSURANCE INSD : wvD
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR.THE POLICY PERIOD
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS:.
I POLICY EFF : POLICY EXP
l POLICY NUMBER (MWODM'YY1 .1,NINIWDDNYYY1 ' . LIMITS
A X I COMMERCiALGENERAL LIABILITY
CLAIMS MADE X i OCCUR
X 1 Commercial Liquor Li
• _..........................._.............................._
OEN L'AGGREGAYE LIMIT APPLIES PER:
RR T._ _..,
X. POLICY ,._. ' JEGT LOC
OTHER:
X
€
'
( 1,000,000
EACH OCCURRENCE $
2021-02660 6/20/2021 ' 6120/2022 DAMAGE S aacurercel—;_5._._.._, `500,000
1 20 000
j ! MEDEXP(Any ono ,person)_.:$_. _.......__....... '
! PERSONAL & ADV INJUR S 1,000,000
Y
1 2,000,000
RAi-AGGREGATE. 5
,-PRODUCTS_--co iP;,O„P_ACC 5.... .... Z,000,000
S
A ? AUTOIdOBILE LIABILITY
ANY AUTO
OWNED SCHEDULED
:.._..,__; AUTOS ONLY . AUTOS
X I HIRED ONLY ' 'X 1 NON -OWNED
._......... r f ONLY
.._
0 9BINED SINGLE LIMIT 1,000,000
caaccident .................. _.....__.:.........._.....,.............--------
2021.42660 6/20/2021 6/20/2022 :BODr. Y NJURY.(Por parsanj.....S:..._.._..—............................._.__.
BODILY INJURY Poraccident.....$ ..v
' PROPERTY DAMAGE
L(Paracciden: 5 _
5
UMBRELLA UAB
-I
EXCESS LIAB
DEO ? i RETENTIONS
( OCCUR
CLAIMS -MADE
;EACH OCCURRENCE _„.._....__..._ .$—._._._._.................._._...._.._....-----
AG GREGATE
S
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY `YIN
ANY PROPRIETORJPARTNERJEXECUTIVE " -..
OFFICERFMgMBgR EXCLUDED?
(Mandatary in NH) ---
I( a5, dascrbo urMAr '
y
DESCRIPTION OF OPERATIONS below
•
N/A!
• PER : OTH-
£„-.....STAT.U.T.E..-............L.ER............... w...__........................._....._._.....
E.L. EACH ACCIDENT
L, D
.-E. _ ISEASE - ER EMPLOYEE S.._.._._
.....................
I E.L. DISEASE - POLICY LIMIT . S
A Sociai Services
A ,Profossional Liab.
•
2021.42660 i 6/20/2021 ' 6/20/2022 Each Occurrence '1,000,000
202142660 i 6/20/2021 6/20/2022 ,Aggregate 1,000,000
•
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Rornarks Schodulo, may bo'attachad if moro spaco is roquiiod)
Genera! Liability:.'
Blanket Additional Insured Endorsement :Automatic status when required by written contract or agreement. Coverage Is Primary and Non -Contributory;
Imiproper Sexual Conduct and physical Abuse Coverage - Each'Claimt Limit $1,000,000 ! General Aggregate. Limit $2,000,000
Accident lnsuranca Coverage:
ACcidental'Death,Limit $50,000; Accidental Dismemberment Maximum $50,000;.Accidental Paralysis Limit $25,000; Aggregate Limit of Liability $1,000,000;
Excoss•Accident Medical'$250,000. Covered Persons - Volunteers and Participants.
CERTIFICATE HOLDER
CANCELLATION
The 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.. All rights reserved.
The'ACORD'name and iogo'are registered marks of ACORD
The START Program
3807 Grand Avenue
Miami, Florida 33133
November 1, 2021
City of Miami Department of Housing and Community Development
444 SW 2"d Avenue
Miami, Florida 33130
To Whom It May Concern:
This letter is being written to serve as an official declaration that The START Program, Inc. does
not have employees and therefore is not required by law to carry Worker's Compensation
Insurance.
Additionally, The START Program, Inc, (TSP) does not own any vehicles. In order to
accommodate our transportation needs we hire vehicles; thus, we carry Non -Owned Auto
Liability Insurance.
yllis Bel nger
Executive irector
The START Program, Inc.
786-316-2991 (cell)
Phone: (786) 212-1161
Email: startprogram1•0(dgmail.coni
Website: www.thestartprograrrm.wg
'J @u startprogramwg
a start_program
Authorized Representative Statement •
City of Miami Department of Housing and Community Development
Provide the name(s) and telephone number of the person(s),who has been 'designated the responsibility Within the
following areas:
Position
Name
Telephone #
Chairman 'Of the Board
Executive, Director
Project Director
Affirmative Action Officer
Personnel Officer
Fiscal Management Officer
phylllsBefliaqer
RtflIBeUIn er .
Phyllis Befltnger
yIllsBHFner
Dmilev Thtims
I. Persons Authorized to Sign Checks
Name:
.":""
IPhysBeIIlnger
Title: • .E.icc:01p,vp Diriactor
Phone: .78616,2691
Signature; , •
Name:
Title:
Phone:'
Signature:
04.;102-'3595,
'305-316,201
786,31672991
78fi.,3.16:2991
785.316-2991
786,2121101
-171:3,t text
:".0tIci!ey Thorea4
Trea"euret _
74212-1161
11. Person(s) Authorized to Sign Reimbursement Packages
Name: Phyll:Bellirier.
Title:
Exec:ptiveSirector.
Phone: 786-316-2991
Signature:
Name:
Title:.
Phone:.
Dudley thothas
Treasurer-786.212-1161
Signature:
111. Persons Authorized to Sign Contracts
Narne:'
Title:
Phone:
Signature:
Phyllis'Bellingpr,
Ei5ecutive oirepter _
-.7/16416,991,'
:
JJ )
Date: 11/01/2021
Narrie:
Title:
Phone:
Signature: •
tamBERLY N. SMITH
CemmIsslon# GO 32/261
Fapires..4400 2, 202'4
&mud eudgetirevis.main
Page 1 of 1
Certification of Sound Fiscal Management PAGE 1 of 2
City of Miami — Depatiment of Housing & COmmunity Development
VVe, 'PhylliS:SOinger As the Executive Director, and LDuclloihdniag
(Full Name) (Full Name)
As the Chief Financial Officer of The START Program inc. acknowledge that as a condition of
(Organization)
Receiving funds from the City of Miami, have the need to establish and maintain sound financial and
Fiscal controls and Managementsystems. We hereby lcettify that The START Program, trm
(Organization)
has established internal controls which are adequate to safeguard the assets of the agency, monitor the
accuracy and reliability of accounting data, promote operating efficiency and insure compliance with
'prescribed policies and procedures.
Executive Director
•
Name:
Date:
Signatur
Name:
Date:
Signature:
Chief Financial Officer
Dudley Thomas
I am a duly licensed certified public accountant and have been engaged to reView the accounting systems
of : „ which is a private .profit/ non-profit) organization
(Organization)
that Will operate programs for the City of Miami. they° reviewed the financial systems that this agency
Ras established. This review was completed on . At the time of review, the
(date)
Agency had established internal Controls which Were adequate to safeguard the assets of the agency, monitor the
accuracy and reliability of accounting data, promote operating efficiency, and insure compliance with prescribed
management pOlicies.
Name of Firm
Typed Name of Accountant
Date Signature of Accountant
If any modifications are required to this certificatedue to the nature of the engagement betWeen the Agency and the
C.P.A., -attach. a stibstitute.repOrt as explanation.
Page 1 of 2
Certification Of Sound Fiscal Management PAGE 2 on
City of Miami— Department of Housing & Community Development
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument Was acknowledged before Me by means of Xphysical:presence or Cl online notarization,
this •ist day of November 2021 .
The START Program, inc. , a Non-PrOfit 501C(3)
by 'Phylita 8611inder. Executive Director :of
corporation; On behalf of the.
corporation. Fle/sheis. perSorially known to me or has produced as
identification.
[Notary Seal :
KIMB ERLY 14. $11M.
CoExtopioss0Aoung#uGt0232207121
:
fr.tr, op &MO Tiv413:Ast Nary Soryica
Page 2 of 2
Disability Non -Discrimination Certification PAGE 1 of 1
CerlifiCation for Contracts, Grants, Loans, and COoperative Agreernents
The undersigned certifies that it is in compliance with and agrees to continueto comply with, and assure that any
subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed
above including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction in the following laws:
The Americans with Disabilities Actof 1990 (ADA), Pub. L. 101-336, 104, Stat. 327, 42 U.S.C. 12101-12213 and 47,
U.S.C. Sections 325 and 611 including Title I, Employment Title II, Public Services; Title III, Public Accommodations
and Services Operated by Private Entities:, Title IV, Telecommunications, and Title-V, Miscellaneous Provisions; The
Rehabilitation Actof 1973, 29 U.S.C. Section 7.94; The Federal Transit Act as amended 49 LLS.C. Section 1612; The
Fair Housing Act as amended 42 U.S.C.,Sectiori 3601-3631.
The foregoing requirements shall not pertain to contracts with the United States or -any department or agency thereof,
the State of any political subdivision or agency thereof or any municipality of this State.
Agency Name:
TheSTART Progrprkinc:
PflsBeliinger
Printed Name of Certifying Representative
ng RepresentatiQe:
STATE OF FLORIDA
COMITY OF MIAMI-DADE
EXecutive DIre4Cr•
Title of Certifying Representative
• 1i/D1/2021
Date
The -foregoing instrument was acknowledged before me by;means: ofX physical:presence or 0 online' notariz4tion,
this 1st day of • NnvernhOr • 2021 by Phyllis Bellinger-, Executive Director of
The START P.rogram, inc. , a NO -Profit 501.C(3); corporation, on' -behalf of the.
. .
'corporation. He/she Is personally known • to, me or has .produced as.
identification.
[Notary Seal]:
itttN KIMBERLY Ni SMITH
Gemini's! on # GG 327261
August 2023
A? Bois Tr$48401Notaiyitselco
Signatureof otary
Page 1 of 1
Drug Free Workplace Certification
PAGE 1of2
Certification for Contracts, Grants, Loans; and Coopera� five Agreements
The undersigned certifies that it will -provide a drug -free workplace program by:
(1) Publishing a statement notifying its employees that the unlawful:manufacture, distribution; dispensing,
possession, or use of a controtled.substance is prohibited in the offerers workplace, and specifying the actions
that will be taken:against.employees for violations of such prohibition;
(2) Establishing a,continuing drug -free awareness program to inform its employees about:
(i) The dangers of drug abuse°in the workplace;
(ii) The Bidder's policy of maintaining: a drug -free workplace;
(ili) Any available drug counseling,rehabilitation, and employee assistanceprograms; and
(iv) The penalties that may be imposed upon emptoyees for drug abuse violations occurring in the workplace;
(3) Giving all employee s engaged:in the performance of the Contract a copy of the statement required by
Subparagraph (1)
(4) Notifying all employees, in Writing, of the statement required by_subparagraph (1), that as a condition of
employment on a. covered Contract, the employee shall:
(i) Abide by the *terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for aviolation
occurring in the workplace no later than five (5) calendar days after such conviction;
(5) Notifying City of Miami government in writing within ten (10) calendar daysafter receivingsnotice under subdivision
(4) (ii) above, from an employee or otherwise receiving actual notice of such conviction, The notice shall include
the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a conviction,: taking one of the
following actions With respect to an employee who is convicted of a drug abuse violation occurring in the
workplace:
(i) Taking appropriate personnel action against such employee, up to and including termination;. or
(ii) Requiring such employee to participate, satisfactorily:in a drug abuse assistance or rehabilitation program
approved for such purposes by a federal, state, or local- health, law enforcement, or other appropriate agency;
:and
(7) Making a good faith effort to maintain a drug -free _workplace program through implementation of subparagraph (1)
through (6).
Agency Name:
7ne.START:Program, Inc.
Phyllis Bellinger,
Printed Name of Certifying Representative
g Representative
Executive Director:.
Title of Certifying Representative
1:Uo112o21
Date
Page 1.of 2
Drug Free Workplace Cettification
PAGE; of ;
Certification for Contracts, Grants, Loans, and Cooperative Agreements
STATE OF FLORIDA
COUNTY OF hilANU-DADE
The foregoing instrument Was acknOwtedgeci beforene by means of 0:physical presence or 0 online notarization,
this 1st- 'day .6f November
The START Prograrn,:inc.
2021 by Phyllis, pegthinpr Executive DINctor of
, Non -Profit 501C(S) corporation, on behalf of the
corporation. Hz s, personally, known to me or has produced as
identification.
[Notary Seal]:
01.1,N, KIMBERLY N, SMITH
* Comrigssfon # GG 327261 •
;4 Expfros August 2.2023
14.0„Evit• tinslo4 Thr4OtApt Np:Rty Sig**
Signature ofJ1otary
Page 2 of 2