Grant Agreement with UNIDAD of Miami Beach, Inc.,oi2 301q7
MIAMIBEACH
Grant Agreement between the City of Miami Beach, Florida and
UNIDAD of Miami Beach, Inc.
to Operate a Senior Meals Program at the UNIDAD Senior Center
This Grant Agreement is entered into this Lc, day of I �=INVI`Jo-R-1 , 2018, between the
City of Miami Beach, Florida (the "City ") and Grantee, as defined herein.
1. Grantee:
Grant Contact:
Address:
City, State, Zip:
Phone, fax, e-mail :
2. Grant amount:
3. Project Description:
4. Grant Project Budget:
5. Expenditure deadline:
6. Project completion date:
7. Final Report deadline:
Article I / Grant Description
UNIDAD of Miami Beach, Inc.
Victor M. Diaz, President
7251 Collins Avenue
Miami Beach, Florida 33141
305 - 867 -0051, 305 - 867 -0052, victor(c�diazr artners.com
$230,000
See Exhibit 1 hereto
See Exhibit 2 hereto
March 15, 2019
March 15, 2019
Must be postmarked or delivered no later than 15 days after
Project completion date.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 1 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of
2018.
Dan Gelber, Mayor
Attest:
LG
Rafael Granado, City Clerk
(Grantee's Corporate Seal Here
v.+ 4111
4.
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Signature
STATE OF FLORIDA, COUNTY OF MIAMI -DADE
GRANTEE:
Federal ID #:
BY:
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foregoing instrument was acknowledged before
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Printed Name of Organization's Authorized
Representative
(City Attorney Approval Here)
APPROVED AS TO
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City Attorney Date
2018,
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Notary Name: Q \�
Notary Public, State of Florida
My Commission
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Page2of8
Article I1 / General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article 1, and the City of Miami Beach, a
municipal corporation organized under the laws of the State of Florida (the "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 of the Grantee's expenditures shall be subject to the
terms of this Agreement, as specified in the itemized Grant Award 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 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 in the described Project will mutually contribute to the enhancement of services available to City
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 set forth in
this Agreement. This report must be received by the City within 15 days of the Project's completion date. 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. 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 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
responsibility of the Grantee. 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.
5. No guarantee of future 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.
6. Program Monitoring and Evaluation: The City Manager or the City Manager's designee may monitor and
conduct an evaluation of the Project funded by this Grant, which may include, without limitation, visits by City
representatives to observe the Project, or Grantee's programs, procedures, and operations, or to discuss the
Grantee's programs with Grantee's personnel. The City Manager or the City Manager's designee may also
request, and Grantee agrees to submit, additional documentation or written reports, prior to the Project
completion date, evidencing Grantee's progress on the Project.
7. 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.
8. Accounting and Financial Review: Any activities funded by this Grant must take place during the City's
fiscal years for which the Grant is approved (2018- 2019). The Grantee shall keep accurate and complete books
and records of all receipts and expenditures of Grant Funds, in accordance with reasonable accounting
standards, and shall retain such books and records for at least four (4) years after completion of the Project.
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. At the request of the City, Grantee shall provide the City (and /or its designated representatives)
reasonable access to its files, records and personnel during regular business hours for the purpose of making
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financial audits, evaluations or verifications, program evaluations, or other verifications concerning this Grant, as
the City deems necessary. 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.
9. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
line in all publications (where appropriate) that are 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, pursuant
to Article 11 -13.
10. 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.
11. Assignment: The Grantee shall not be permitted to assign this Grant to any other party. Any purported
assignment will be void, and shall be treated as an event of default pursuant to Article 11 -13.
12. 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.
13. Default/Termination Provisions /Repayment or Recapture of Grant Funds:
13.1 In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the
City may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant, after
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.
13.2 Uncommitted or Unspent Grant Funds /Receipt of OAA Funds for the Project. 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.
Page 4 of 8
If Grantee receives funding for the Project from the Alliance for Aging, for a meals program for the same
defined program period, under the Older Americans Act (OAA), Title 111 program (the OAA Funds), Grantee, at
the request of the City Manager - must return to Grantor, within fifteen (15) days after receipt of the OAA Funds,
any Grant Funds not expended.
13.3 Grant funds which are to be repaid to the City pursuant to this Section 13 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.
13.4 The provisions of this Section 13 shall not waive or preclude the City from pursuing any other
remedies that may be available to it under the law.
14. No Waiver: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or
other provisions of this Agreement by City at any time shall in any way affect, limit, modify or waive City's right
thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof.
15. 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 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, marital and familial status, age, disability,
ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political
affiliation.
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
Project Description
Grant monies will be used to provide a congregate meals program, on a first come first served basis, for 120
Miami Beach elder residents at the UNIDAD Senior Center /North Beach Senior Center. Program beneficiaries
are over the age of 62, residing in Miami Beach and otherwise eligible for meal services as defined by the Older
Americans Act (OAA).
The following expenses will be incurred in the delivery of these services:
• Janitorial Supplies
• Meal Services — Catering
• Meal Services — Nutritionist
• Meal Services — Food Service Equipment and Supplies
• Staff — Program Delivery /Food Services (Salary & Fringe Costs)
• Staff — Program Delivery /Management (Salary & Fringe Costs)
• Staff — Program Delivery — Janitorial Services (Salary & Fringe Costs)
• Socialization Programming
• Marketing Services
• Pro -rata share of related operating expenses for the UNIDAD Senior Center
See Exhibit 2 for a complete budget break -down.
The Grantee will support the following City Key Intended Outcomes and provide documentation of such:
• Build and Maintain Priority Infrastructure with Full Accountability
Grantee Responsibilities
1. The Grantee's funded services will support the following Citywide Key Intended Outcomes:
• Build and Maintain Priority Infrastructure with Full Accountability
2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by
providing the following:
a. Total Number of Miami Beach elder residents served daily
3. The Grantee will maintain the following as evidence of expenses incurred with City funds.
a. Professional services (i.e., catering service invoices and cancelled checks)
b. Program supplies purchase (i.e., invoices with cancelled checks)
c. Staffing (i.e., payroll reports and cancelled checks /payroll ledgers)
4. The Grantee will submit a final report no later than October 15, 2018 or 15 days after the project is
completed which documents the efforts undertaken to support the Key Intended Outcome and
including:
a. Summary of overall project and its impact on the identified key intended outcome
b. Final project budget
c. List of eligible beneficiaries and frequency of service
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Exhibit 2 / Project Budget
Line Item /Expense Category
Salaries
Quantity
Unit Cost
Grant Funds
Position Title — FTE % x Annual Salary Cost
Operational Costs
Catering Expenses
Equipment
Supplies — Food Service
Supplies - Janitorial
Marketing Expenses
Socialization Programming Expenses
Professional Services
Nutritionist
Program Total
$ 230,000
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