Grant Agreement with the Miami Design Preservation League Inc.MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2017 -2018 GRANT AGREEMENT
PROJECT No.: 2018- CMB -06
This GRANT AGREEMENT made and entered into this day of
t9r� , 20 I by and between the City of Miami Beach Florida (hereinafter the
"City "), and the Miami Design Preservation League, Inc. (hereinafter the "Grantee").
ARTICLE I / GRANT DESCRIPTION
GRANTEE: Miami Design Preservation League Inc.
GRANT CONTACT: Mr. Steve Pynes, Chairman of the Board
ADDRESS: P.O. Box 190180
CITY, STATE, ZIP: Miami Beach, FL 33139
PHONE, FAX, E -MAIL: 305 - 672 -2014, Daniel @mdpl.org
GRANT AMOUNT: $23,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: October 1, 2017 September 30, 2018
EXPENDITURE DEADLINE: September 30, 2018
PROJECT COMPLETION DATE: September 30, 2018
FINAL REPORT DEADLINE:
FINAL REIMBURSEMENT
REQUEST DEADLINE:
October 15, 2018
October 15, 2018
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this i3
day of kri,tct , 201_.
Dan Gelbe , yor
Attest:
(Grantee's Corporate Seal Here
GRANTEE:
Federal ID #:
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Th %oing instrument was acknowledged
-1;;- .... me this >f day of ' Ar 1 201g
,
. FEY EA/. P r E
of IS hI € CLb f Nv 1 'i a not-for-
profit corporation. He /She is personally known
to me or has produced
as identification.
BY:
Printed Name of Organization's Authorized
Representative
(City Attorney Approval Here)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Q,k,08,‘"-- jz-ta° `7
City Attorney
Data
Signature of Notary Public
Notary Name:
Notary Public, State of Florida
My Commission Expires:
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NINA WHITE
Wiry Milo • State oI Florida
0118816110n # QG 016284
MI) Omm. holm Nov 21, 2020
WA ONO National Notary Assn.
ARTICLE II / GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized
designee (the "Contract Administrator").
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 of the grantee's
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 the City Manager's designee. Said requests
shall be made 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 Project Description will mutually contribute to the enhancement of
services available to City residents, businesses, and visitors. As a condition of disbursements of grant
funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must
submit quarterly reports to the Contract Administrator by the following dates: January 15th, April 15th,
July 15th, and the final report by October 15th
New Grant awards will not be released to the Grantee until all Final Reports for previously
awarded grants are received. The City may withhold any future payments of the Grant, or the award
of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if
such reports do not meet the City's reporting requirements. Any reports may be disseminated by the
City without the prior written consent of the Grantee. All quarterly reports must be submitted on the
Exhibit 3, Grant Quarterly Status Report Form, detailing Grantee's compliance at the time of a partial
reimbursement request.
4. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at
any time during the Grant Term. All reimbursement requests must be made after expenditures have
occurred. All reimbursement requests for funds must be submitted on Exhibit 4, Grant Reimbursement
Request Form. All reimbursement requests must be submitted prior to October 15th, 2018. Grantee
shall provide the City with copies of all receipts, invoices, cancelled checks (with copies of both front
of back) and proof of expenditures of Grant monies. Grantee shall provide the City with and shall
categorize all receipts, invoices, cancelled checks, and other documentation, according to the
categories set forth in the grant budget. Invoices and checks must be directly related to expenses for
Grant- funded activities taking place within the 2017 -18 Fiscal Year.
5. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth
in Article I, subject to the restrictions set forth herein. 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
remitted to the Grantee once the Mayor and City Commission have approved the grant award, and
once all parties have executed this Agreement.
6. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used
for the following expenditures: remuneration of City employees for services rendered as part of a
project funded by this Grant; debt reduction; social and /or fundraising events; cash prizes; lobbying or
propaganda materials; charitable contributions; or events not open to the public.
7. NO GUARANTEE OF FUNDING: The grantee acknowledges that the receipt of this grant
does not imply a commitment on behalf of the City to continue or provide funding beyond the terms
specified in this Agreement.
8. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
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 Grantee's offices and /or the site of any
project funded by this Grant, 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.
9. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to this
Agreement in an account with a bank or savings and loan association that is located in Miami -Dade
County. The Grantee shall provide the City with the name of the bank or savings and loan association,
as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds.
10. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place
during the City's fiscal year for which the Grant is approved (October 1 — September 30). 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 three (3) years after the Expenditure Deadline specified
in in this Agreement. 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
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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.
11. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following
credit line in all publications related to this Grant: "This Project is funded in whole or in part by a
grant from the City of Miami Beach." Grantee's failure to comply with this paragraph may preclude
future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement.
12. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City
and its officers, employees, agents, and contractors, from and against any and all actions (whether at
law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation,
attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss
of or damage to property, which the City or its officers, employees, agents and contractors may incur
as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out
of, relating to, or resulting from the performance of 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 defend the City or its
officers, employees, agents, and contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within
the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby
the Grantee entity shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgments paid by the government entity
arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all personal
injury or property damage claims, liabilities, losses or causes of action which may arise as a result of
the negligence of the Grantee entity.
13. 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 this Agreement.
14. 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 City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
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15. DEFAULT /TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with
any of the provisions of this Agreement, the City Manager or the City Manager's 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 this Agreement 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, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law.
Notwithstanding the provisions of this Section, and without regard to whether City has
exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion,
to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of
any required written report. In the event of discontinuation of the Grant or at the close of the Project,
any unexpended Grant Funds shall be immediately returned to the. City, except where the City
Manager has agreed in writing to alternative use of the unused /unexpended Grant Funds.
16. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect,
limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every
term, covenant, condition or other provision hereof.
17. 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 I 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.
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18. 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.
19. 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.
20. CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for
reimbursements to be submitted to the contract administrator listed below.
Judy Hoanshelt
Director, Grants Management Division
City of Miami Beach
Office of Budget and Performance Improvement
1700 Convention Center Drive
Miami Beach, FL 33139
Tel: 305 - 673 -7510/ 305 -673 -7000 ext. 6183
Fax: 786- 394 -4675
Email: judyhoanshelt @miamibeachfl.gov
ARTICLE III / MISCELLANEOUS PROVISIONS
21. 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.
22. 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 Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment, housing and public accommodations on account of actual or
perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation,
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marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, or political affiliation.
The City endorses, and Grantee shall comply with, 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.
23. 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
(Please describe the projects to be funded by this grant, including deliverables and measurable
outcomes.)
The Miami Design Preservation, Inc. (MDPL) will utilize the grant monies awarded by the City of
Miami Beach on the following expenses:
• Online database RuskinArc software
• Student interns
• MDPL Staff (including project oversight, marketing and research)
The Miami Design Preservation (MDPL) is conducting a survey of all historic resources in the City of
Miami Beach. This project was initiated in 2011 as a means to further protect and promote the
historic resources of Miami Beach. Surveyors research, catalog and enter building information in an
on -line database. This work is part of our efforts to better educate the public about wealth of historic
structures in our city. The on -line database serves as a constant exhibit of Miami Beach history.
This project contributes to enhance the beauty of neighborhoods through a focus on "historic assets"
in the "Premier Neighborhoods" priority area. This is achieved through the recording of historic
properties, which allows neighbors to better understand and build upon their existing strengths. The
historic property information is free and easily accessible on -line.
The collected information, documents and photographs create a historic record that is used by local
residents, visitors, preservationists, history enthusiasts, students and researchers.
MDPL's Executive Director oversees the survey and data entry work, with the main survey work
conducted by architecture graduate students from Florida international University. The student interns
review City of Miami Beach building records, State of Florida historic resources files, Miami -Dade
County Property Appraiser records, and MDPL records. After reviewing available records, the
surveyor visits each site to take photographs, record current property conditions and develop a full
recording of the architectural features of the site. This information is then edited and entered into the
on -line database. The Director then reviews each entry before it becomes available on -line.
The updating of software to include the ability for inputting the elevation of ground levels of historic
buildings will allow for recording of resiliency data related to elevation. MDPL is now working on
updating the National Register Art Deco Historic District project with Miami Beach district data, in
order to ensure that the public has the most up -to -date information about a building's historic status. In
February 2017, MDPL began to survey the North Beach National Register districts. The project
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focuses on the North Beach section of Miami Beach, and will continue through 2018.
The online database hosted by RuskinArc software provides information about the buildings in the
historic district. The number of visitors to the database will indicate how many people are utilizing the
resource. This is projected to grow in FY 2017 with the addition of the North Beach National Register
districts. Google Analytics is used to determine the use numbers.
The Grantee will support the following City Key Intended Outcomes and provide documentation and
support:
• Enhance Beauty and Vibrancy of Urban and Residential Neighborhoods; Focusing on
Cleanliness, Historic Assets, in Select Neighborhoods and Redevelopment Areas
• Maximize Miami Beach as a World Class Destination
Grantee Responsibilities:
The Grantee shall document progress and support of the City Key Intended Outcome above by
providing the following information:
1. Number of surveys conducted
2. Number of structures added to the database
3. Number of visitors to the online database hosted by RuskinArc software
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EXHIBIT 2
PROJECT BUDGET
The Miami Design Preservation (MDPL)
Line Item Expense
Total
RuskinArc software
$2,699
Student interns
$10,651
MDPL Staff (including project oversight,
marketing and research)
$9,650
Total
$23,000
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EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
CMB AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE'S GRANT MANAGER:
GRANT MANAGER'S E -MAIL ADDRESS:
REPORT PERIOD:
Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 ❑ Apr. 1 — Jun. 30 ❑ Jul. 1 - Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15
WORK ACCOMPLISHED:
PROBLEM ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Grants Manager Date
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EXHIBIT 4
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
Part 1 of 2
CMB AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE'S GRANT MANAGER:
GRANT MANAGER'S E -MAIL ADDRESS:
REQUEST No.
Amount of Assistance:
Less Previous Total Disbursements:
Balance Available:
Funds Requested This
Disbursement:
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EXHIBIT 4
CITY OF MIAMI BEACH
REIMBURSEMENT REPORT FORM
Part 2of2
Check No. Total
Expense Description Vendor Name and Date Cost
Certification of Payment: I certify that the above expenses were necessary and reasonable for the
maintenance and operation of our premises and in accordance with the agreement No. 2018- CMB -06.
Grants Manager Date
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