Miami Beach Community Health Center Agreement GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA(CITY)AND MIAMI BEACH
COMMUNITY HEALTH CENTER FOR THE PROVISION OF CAPITAL IMPROVEMENTS TO ITS CITY-
LOCATED CLINICS VIA THE CITYWIDE GRANTS PROGRAM
This Grant Agreement is entered into this day of , 2013, between the City and Grantee.
Article I/Grant Description
1. Grantee: Miami Beach Community Health Center
Grant Contact: Dr. Mark Rabinowitz, Interim Chief Executive Officer
Address: 710 Alton Road
City, State, Zip: Miami Beach, Florida 33139
Phone, fax, e-mail : 305-695-2184, 305-695-2155, drmarkl(a)_mbchc.com
2. Grant amount: $21,660. (Grant to be disbursed as directed in Exhibit 1)
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See Exhibit 2 hereto
5. Expenditure deadline: September 30, 2014
6. Project completion date: September 30, 2014
7. Final Report deadline: Must be postmarked or delivered no later than 15 days after Project
completion date.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 34 day of
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Signature
Philip Levine, yo
STATE OF FLORIDA, COUNTY F MIAMI-DADE
Attest: The foregoing instrument was acknowledged before
me this/4#`day of 201.6,r
Rafael Granado Cit Clerk bye a r�k 1.,; a�'�r��,w r -� of
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Grantee's Corporate
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GRANTEE:, Signature of Notar P lic
Federal ID#: %' RA `79
BY: ti�r 1.,.� ►�� Z Notary Name: 1G-ry7r"!,<,
Printed Name of Organization's Authorized
Representative Notary Public, State of Florida
TAMM AUSTIN
(City Attorney Approval Here) ' , MyCOMMIMN#EE 161244
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APPROVED AS TO M y Commission , ,;,. Bonded Thru No1arY Pub��Undervwi�s
FORM & LANGUAGE Expires:
& FOR EXECUTION
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Article II/General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (City). The City has delegated the
responsibility of administering this Grant to the City Manager or his authorized designee.
2. Project Description: The Grantee may only use the Grant for the purposes that are specifically described
in the Project Description, attached hereto as.Exhibit 1. All expenditures will be subject to the terms of this
Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Line item changes to
said Budget shall not exceed ten percent(10%) per category, and shall, in no event, exceed the total amount of
Grant funds. Notwithstanding the preceding sentence, amendments to the Grant Project Budget in Exhibit 2
shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall
be made in, in writing, detailing and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the activities and services
contemplated under the described Project will mutually contribute to the enhancement of services available to
the City's residents. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must
supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements.
This report must be received by the City within 15 days of the Project's completion date (i.e. For example,
Grantees completing their Project by the end of a City Fiscal Year, which is on September 30th of such year,
must submit their final reports no later than October 15th of that year). Notwithstanding the preceding, and as a
condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to submit
an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request.
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions therein). In awarding this Grant, the City assumes no obligation to provide financial
support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal
responsibility of the Grantee. The Grant funds will only be supplied to the Parties' execution of this Agreement.
5. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to the project site (710 Alton Road and 1221 — 71St Street) to observe Grantee's programs,
procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for
submittal of additional documentations or written reports, prior to the Project completion date, evidencing
Grantee's progress on the Project.
6. Bank Accounts and Bonding: [Intentionally Deleted]
7. Accounting and Financial Review: Funded activities must take place on or before the Expenditure
Deadline in Article I — 5. The Grantee shall keep accurate and complete books and records of all receipts and
expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records,
as well as all documents pertaining to payments received and made in conjunction with this Grant, including,
without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for
which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the
Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records,
and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices
during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or
have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant.
8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
line in all publications related to this Grant: "This Project is financially assisted by a grant from the City of
Miami Beach". Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article II-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or
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resulting from the performance if this Agreement by the Grantee or its officers, employees, agents, servants,
partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may
issue thereon. Grantee expressly understands and agrees that any insurance protection required by this
Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold
harmless and defined the City or its officers, employees, agents and contractors as herein provided.
10. Assignment: The Grantee shall not be permitted to assign this Grant, and any purported assignment
will be void, and shall be treated as an event of default pursuant to Article II-12.
11. Compliance with Laws: The Grantee agrees to abide by and be governed by all applicable Federal,
State, County and City laws, including but not limited to Miami-Dade County's Conflict of Interest and Code of
Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and
Chapter 2, Article VII of the Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
of this Agreement, the City Manager or his designee may terminate this Agreement and withhold or cancel all or
any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the
City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination,
-the Grantee shall be required to immediately repay to the City all portions of the Grant which have been
received by the Grantee, as of the date that the written demand is received.
Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of
the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen (15) days
after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request
in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a
period not to exceed one (1)year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by
delivering to the City Manager a certified check for the total amount due payable to the City of Miami Beach,
y ' due, v
Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that may be
available to it under the law.
13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term
of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1-1 of
this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center
Drive, 4th Floor, Miami Beach, Florida 33139.
15. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of
reference only and should not be deemed or construed as in any way limiting or extending the language or
provisions to which such captions may refer.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
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Article III/Miscellaneous Provisions
17. The Grant awarded herein is the result of a finding by the City, based on representatives, documents,
materials and other information supplied by Grantee, that the Grantee is performing a public purpose through
the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program
component not meeting this condition will be considered a breach of the terms of this Agreement and will allow
the City to seek remedies including, but not limited to, those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as
codified in Sections 62-31 through 62-66 of the City Code, and as amended from time to time, prohibiting
discrimination in employment, housing and public accommodations on account of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital status, financial status, or age.
The City endorses the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove
barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities
that are available to persons without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits
discrimination on the basis of disability and requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any disability.
19. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for
any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S.
District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY
JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
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Exhibit 1 /Project Description
Grantee will make capital improvements to the exterior of both of its Miami Beach locations (710 Alton Road and
1221 —71 st Street). Funds will be used for the following expenses supporting the proposed activities:
• Window awnings
• Pressure cleaning
• Exterior painting
The Grantee will support the following City Key Intended Outcomes and provide documentation of such:
• Ensure Safety and Appearance of Building Structures and Sites
• Ensure Value and Timely Delivery of Quality Capital Projects
• Ensure Well-Maintained Facilities
Payment will be made upon the production of valid receipts/invoices and corresponding cancelled checks.
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Exhibit 2/ Project Budget
Attached please find copy of approved project budget.
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MIAMIBEACH Reimbursement Request
Sub-Recipient: Miami Beach Community Health Center
Project: Exterior Improvement of Clinic Sites
Funding Source: Citywide Grants Program
Funding Fiscal Year: 2013/14
Date of Reimbursement Request: Draw Number:
Reimbursemea Summary
Expense Category Grant Award Available Balance This Request
Capital (Awnings, pressure cleaning, painting) $ 21,660.00 $TOTALS -
$ 21,660.00 $ - $ -
Totat ReimbuirsementRequest $ -
0
The undersigned asserts and acknowledges that the information submitted in support of this reimbursement request is true
and accurate as well as implemented in,full compliance with all applicable laws, rules and regulations.
All evidence of expense incurred including cancelled checks have been submitted in support of the request.
Signature of Preparing Party Signature of Authorizing Party
Name: Name:
Date Date
CITY 017 MIAMI BEACH USE ONLY
Date of Receipt: Date of Approval:
Staff Reviewing: Amount Approved:
Date of Eden Request: Document Number:
Exhibit 3/Grantee Responsibilities
1. The Grantee's funded services will support the following Citywide Key Intended Outcome:
• Ensure Safety and Appearance of Building Structures and Sites
• Ensure Value and Timely Delivery of Quality Capital Projects
• Ensure Well-Maintained Facilities
2. The Grantee will document progress and support of the Citywide Key Intended Outcomes above by
providing the following:
a. Permits and close-out reports for capital work performed
b. Timeline for project completion
c. Before and after pictures of work performed
3. The Grantee will use the City-provided reimbursement request form and submit the following as
evidence of expense incurred in order to receive reimbursement for the provision of congregate meals
for elderly, low-income:
a. City of Miami Beach Building Permit for work performed
b. Contractor Invoices(with cancelled checks)
4. The Grantee will submit a final report no later than October 15, 2014 which documents the efforts
undertaken to support the Key Intended Outcome and including:
a. Scope of capital work performed
b. Before and after pictures of capital work undertaken
c. Final project budget
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