Grant Agreement with the City of Miami Beach, Florida and Power Access, Inc. MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2017-2018 GRANT AGREEMENT
PROJECT No.: 2018-CMB-13
This GRANT AGREEMENT made and entered into this 2 day of
-3NrttJ&Q7 , 20 ,i' by and between the City of Miami Beach Ftocida (hereinafter the
"City"), and thecae✓ Acm.sr j c• (hereinafter the"Grantee").
ARTICLE I/GRANT DESCRIPTION
GRANTEE: Power Access Inc.
GRANT CONTACT: R. David New, President
• ADDRESS: 1616 Michigan Avenue, Unit#1
CITY, STATE, ZIP: Miami Beach, FL 33139
PHONE, FAX, E-MAIL: 786-607-5299, 305-674-7358, Davidc@rsobejazz.com
GRANT AMOUNT: $15,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: October 1, 2017—September 30, 2018
EXPENDITURE DEADLINE: September 30, 2018
PROJECT COMPLETION DATE: September 30, 2018
FINAL REPORT DEADLINE: October 15, 2018
FINAL REIMBURSEMENT
REQUEST DEADLINE: October 15, 2018
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this /(C4
day of _/Y!iiii, , 201 .
111111P .
I (3
Dan Gelber, Mayor
Attest ..1•,
721'i ii„,1 ,cc- . .
itiCORP 4R,AT Eft=
o,
Rafael Granada, City Clerk '��-� �=
CV
Grantee's Co •• .to Seal Here '' `
GRANTEE: The foregoing instrument was acknowledged
Federal ID#: before me this I0`day oftltLA 20Z,
9-9-3 4 y4 9d-9 by - lid mew
BY: �� u 1 b ru £ W of pow,/-A-0_626. (tV . , a not-for-
Printed Name of Organization's Authorized profit corporation. .e'She is personally known
Representative to me or h - produ -•
Signature as i•-nt�ca io
S OttORIDA, COUNTY OF MIAMI-
D OE Nati-d6k )2Serledi.
Signature of Nota . d. :,
(City Attorney Approval Here) �"'"""• 144181A DE Plt4E00
i ' MYCO$aswpeFF, i
�XFfAE!siptember 28,20-
APPROVED AS TON.:;,-,,,,.: www„M„w, u ,
FORM& LANGUAGE Notary Name: ___--
c XECUTION - - ---- _
NotaryPublic, State of Florida
INN OE MECO
Mme ti(`.,IG.'�6�f� .V b .-�+�.•'� E>�1:*wog 24 2018
it,,, 'ttorney oat My Commission MY COMM(4 IT 128841
Ex. M�wit nMrrraesu++«ra••
4 '
Page 2
ARTICLE Il/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•quarterty 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 alt 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
Page 4
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.
Page 5
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.
Page 6
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 Hoansheit
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,
Page 7
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 8
EXHIBIT I
PROJECT DESCRIPTION
(Please describe the projects to be funded by this grant, including deliverables and measurable
outcomes.)
Power Access Inc. will utilize the grant monies awarded by the City of Miami Beach on the following
expenses:
• Stage and audio for the Second Annual South Beach Festival free event held at Euclid Circle
• Audio, generator, and production for the Second Annual South Beach Festival free event held
at 1111 Lincoln Road Stage
• Marketing
The funding will be used for the following disability awareness event:
• Second Annual South Beach Festival
Power Access Inc. will use the funds to improve accessibility and equal opportunity to qualified
persons who have disabilities in the municipality and to conduct public awareness programs in the
municipality concerning persons who have disabilities.
The Festival will take place from January 5-7, 2018. Each musical performance will showcase the
artistry of at least one person with a disability. The sheer talent of the artists will promote the festival's
dual goal, to entertain, and to define others by ability rather than disability.
Scope of Work:
• Provide three concerts plus a lecture at: The Colony Theater, The Fillmore Backroom, and The
Jewish Museum
• Provide performances at: Euclid Circle, and 1111 Lincoln Road Stage
• Provide full production plus staffing for all events
• Pre and post event marketing
• Permits and Insurance
• Bringing awareness to the community for persons with disabilities
Page 9
The Grantee will support the following City Key intended Outcomes and provide documentation and
support
• Maximize Miami Beach as a World Class Destination
• Improve Alliance With Key Business Sectors, Namely Hospitality, Arts, & International
Business with a Focus on Enhanced Culture, Entertainment, & Tourism
Grantee Responsibilities:
The Grantee shall document progress and support of the City Key Intended Outcome above by
providing the following information:
• Approximate number of attendees to the free events held at Euclid Circle and /111 Lincoln
Road Stage
• Number of performers with disabilities in the events
Page 10
EXHIBIT 2
PROJECT BUDGET
Power Access Inc.
Line Item Expense Total
Stage/Audio - Euclid Circle $7,500
Audio- 1111 Lincoln Road Stage $1,300
Generator- 1111 Lincoln Road Stage $400
Production - 1111 Lincoln Road Stage $800
Marketing $5,000
Total $15,000
Page 11
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. - Dec. ❑ Dec. —Mar ❑ Mar. —Jun. ❑ Jul. —Sept.
Due Jan. 15th Due Ap. 15th Due Jul. 15th Due Dec. 15th
WORK ACCOMPLISHED:
PROBLEM ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Grants Manager Date
Page 12
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: $ —'
3 _
-- J
Less Previous Total Disbursements: $
I
Balance Available: ; $
Funds Requested This # $
_ Disbursement:
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
Page 13
EXHIBIT 4
CITY OF MIAMI BEACH
REIMBURSEMENT REPORT FORM
Part 2 of 2
Check No. Total
Expense Description Vendor Name and Date Cost
i l I
i 1 i
I i
1 1
i - ----1
i 1---
1 I
1 1
L 1 1
4 -t
1 i
•
I ! I
I '
1
1 1 ---4----
I I
t t
. I
I I 1
--r
i
1
, I
I .
I I
--I
i
i
I T F
1
1 1
I
, 1 1
r 1 1
1 ,
I , ,
Ii 1 1
i
1 1
1 1
I 1
1 1
1 ,
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-13.
Grants Manager Date
Page 14