Grant Agreement between CMB and UNIDAD 20 le -3 cAsei
MIAMIBFACH
Grant Agreement
Between
the City of Miami Beach, Florida
and
UNIDAD of Miami Beach, Inc.
to Operate a Senior Meals Program, Socialization Program and Computer Training
Program at the UNIDAD North Beach Senior Center
This Grant Agreement ("Agreement") is entered into this 1 2 day of M AR C 14 , 2020,
between the City of Miami Beach, Florida (the"City") and Grantee, as defined herein.
Article I!Grant Description
1. Grantee: UNIDAD of Miami Beach, Inc.
Grant Contact: Victor M. Diaz, President
Address: 7251 Collins Avenue
City, State, Zip: Miami Beach, Florida 33141
Phone, fax, e-mail : 305-867-0051, 305-867-0052, victor(c�diazpartners.com
2. Grant amount: $230,000.00
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See.Exhibit 2 hereto
5. Expenditure deadline: February 28, 2021
6. Project completion date: February 28, 2021
7. Final Report deadline: Must be postmarked or delivered no later than 15 days
after Project completion date.
8. Term: This Agreement shall have an initial term, commencing
March 1, 2020 and expiring on February 28, 2021 and,
subject to funding approval (as described in section 5), will
automatically renew for additional one-year terms (from
March 1 to the last day of February), for up to four (4)
additional one-year renewal terms, through 2023-2024. The
initial term and each renewal term shall be collectively
referred to herein as a "Term".
Page 1 of 15 \ 1\‘
•
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
10044
Rafael . Granado, City Clerk N~ L y: ;Jimmy Moral:s, City Manager
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Date • * ;ORP ` :o
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FOR GRANTEE: r9C d res`'
UNIDAD of Miami Beach, Inc.
Federal ID# 5 DSy t?1
ATTEST:
By:
Authorized Signat re
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Print Name and Title • Print Name and Title ,Qi10:4l7,(S
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Date
APPROVED AS TO
FORM & LANGUAGE
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Page 2 of 15 i..ay,vturn,:y ffil;T Date
1
•
Article Il/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 (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, as more particularly described in Section 6.
4. Amount of Grant and Payment Schedule:In awarding a Grant during the Term,the City assumes
no obligation to provide financial support of any type whatsoever in excess of the total Grant amount
approved during the Budgetary Process, pursuant to a Funding Request,as more particularly described
in Section 5. Cost overruns are the sole responsibility of the Grantee. Approved Grant funds will only
be remitted to the Grantee once the Mayor and City Commission have approved the funding for the
Grant award through the Budgetary Process. For the initial term and any annual renewal term
thereafter, Grantee shall receive an initial draw, in the amount of$40,000 ("Initial Draw") on or before
March 1st, subject to Grantee submitting the corresponding Funding Package within ten (10) days
following the month in which expenses for the service covered by the Initial Draw were expended.
Except with respect to the Initial Draw, payment draws requested in connection with the Grant
specified in Article 1-2 shall be made on a monthly basis, on a reimbursement basis, pursuant to the
terms and conditions set forth herein. In connection with a monthly reimbursement request, Grantee
shall submit a complete and accurate Funding Package, as more particularly described in Section 4 of
Exhibit"1"("Project Description"). Grantee shall submit the required Funding Package by the tenth(10)
day of the following month in which expenses were incurred. The City will process reimbursement
requests within thirty(30)days of receipt of the complete and accurate Funding Package. The intent of
the Initial Draw is for Grantee to have a $40,000 operating balance to minimize the cost incurred by the
Grantee in connection with the Project. The Initial Draw shall be paid in full upon expiration of the.Term
or earlier termination of the Agreement.
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5. No guarantee of future funding/Funding during the Term: Pursuant to Resolution No. 2018-
30654, the Administration will place a recurring line item in the budget, through fiscal year 2023-2024,
for the funding needs of the Project during the Term. No later than February 1s'of each fiscal year(for
the following fiscal year), Grantee agrees to provide the Administration with a funding request for the
Project,which will include a line item budget for the requested amount of grant funds(which may include
gap/matching funds for funds received by Grantee from other agencies such as the Alliance for Aging
or Senior Services of America) (the "Funding Request"). Upon receipt of the Funding Request, the
Administration will place the requested grant amount in the budget for consideration and approval by
the City Commission during the budgetary process for the applicable fiscal year (collectively, the
"Budgetary Process"). This Budgetary Process will continue through fiscal year 2023-2024 unless the
City Commission decides, during its budgetary process, not to continue funding the Project. Each
approved Funding Request and corresponding renewal term will be memorialized, in writing, in the form
of an amendment to the Agreement, executed by both parties or execution of a new agreement.
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 consideration for approval through budget year
2023-2024 or the last Funding Request/contract term approved pursuant to the budgetary process,
whichever occurs first.
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 a segregated 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
Term of this Agreement. The Grantee shall keep accurate and complete books and records of all
receipts and expenditures of Grant funds, in accordance with generally accepted accounting principles,
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 Term of this Agreement and retained in Miami-Dade County in a secure place
and in an orderly fashion by the Grantee for at least four (4) 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 conducting an on-site compliance review, making 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. Any accountant/auditor to be retained
by Grantee, whose fees will be partially or wholly paid with Grant funds, shall be approved by the City
Manager. Additionally, any financial reports or audits conducted by the retained accounting
professional shall be provided to the City Manager once completed.
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9. Inspector General Audit Rights:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the
Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and
investigations on all City contracts, throughout the duration of said contracts. This random audit is
separate and distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and empowered to
review past, present and proposed City programs, accounts, records, contracts and transactions. In
addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the
production of witnesses and monitor City projects and programs. Monitoring of an existing City project
or program may include a report concerning whether the project is on time, within budget and in
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance
and procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant
to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10)days written notice to the Grantee, the Grantee shall make all requested records
and documents available to the Inspector General for inspection and copying. The Inspector General is
empowered to retain the services of independent private sector auditors to audit, investigate, monitor,
oversee, inspect and review operations activities, performance and procurement process including but
not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the
contract documents and to detect fraud and corruption.
D. The.lnspector General shall have the right to inspect and copy all documents and records in the
Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to
performance of the contract, including, but not limited to original estimate files, change order estimate
files, worksheets, proposals and agreements from and with successful subcontractors and suppliers,
all project-related correspondence, memoranda, instructions, financial documents, construction
documents, (bid/proposal) and contract documents, back-change documents, all documents and
records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records and supporting documentation for the aforesaid documents
and records.
E. The Grantee shall make available at its office at all reasonable times the records, materials, and
other evidence regarding the acquisition (bid preparation) and performance of this contract, for
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examination, audit, or reproduction, until three (3) years after final payment under this contract or for
any longer period required by statute or by other clauses of this contract. In addition:
i. If this contract is completely or partially terminated, the Grantee shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
ii. The Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this contract until such appeals, litigation,
or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the performance of
this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the City by the Grantee or third parties.
10. 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 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 11-15.
11. Insurance:Grantee shall maintain,at its sole cost and expense, the following types of insurance
coverage at all times throughout the term of this Agreement:
a. General liability insurance with not less than the following limits:
General aggregate $2,000,000
Personal and advertising (injury) $1,000,000
(Per occurrence) $1,000,000
2,000,000
(Per occurrence)
(for special events, if required)
b. Workers Compensation Insurance shall be required under the Laws of the State of Florida
c. Automobile Insurance shall be provided covering all owned, leased, and hired vehicles and non-
ownership liability for not less than the following limits(only if Grantee provides transportation services):
Bodily Injury $1,000,000 per person
Bodily Injury $1,000,000 per accident
Property Damage $ 500,000 per accident
The policies of insurance referred to above shall not be subject to cancellation or changing coverage
except upon at least thirty (30) days written notice to Grantor and then subject to the prior written
approval of Grantor. Grantee shall provide Grantor with a Certificate of Insurance for each such policy,
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which shall name the Grantor as an additional named insured. All such policies shall be obtained from
companies authorized to do business in the State of Florida with an A.M. Best's Insurance Guide (latest
edition) rating acceptable to the City's Risk Manager. Should Grantee fail to obtain, maintain or renew
the policies of insurance referred to above, in the required amounts, the Grantor may, at its sole
discretion, obtain such insurance, and any sums expended by Grantor in obtaining said insurance, shall
be repaid by Grantee to Grantor, plus ten percent(10%)of the amount of premiums paid to compensate
Grantor for its administrative costs. If Grantee does not repay Grantor's expenditures within fifteen (15)
days of demand, the total sum owed shall accrue interest at the rate of twelve percent(12%) until paid,
and such failure shall be deemed an event of default hereunder.
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 to any other party. Any
purported assignment will be void and shall be treated as an event of default pursuant to Article 11-15.
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 Miami Beach City Code, as amended, which is
incorporated herein by reference as if fully set forth herein.
15. Default/Termination Provisions/Repayment or Recapture of Grant,Funds:
15.1 In the event the Grantee shall fail to comply with any of the provisions of this Agreement,
and after providing Grantee with ten (10) calendar days to cure any default, and the Grantee failing to
cure the default, the City Manager may terminate this Agreement and withhold or cancel all or any
unpaid installments of the Grant, and the City shall have no further obligation to the Grantee under this
Agreement. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as
engaging in fraudulent conduct, or making a material misrepresentation, in connection with the
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performance of this Agreement, the termination shall be effective upon receipt of the termination notice
and no cure period shall apply. 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.
15.2 Uncommitted or Unspent Grant Funds. 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
Grant 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.
15.3 Grant funds which are to be repaid to the City pursuant to this Section 15 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.
15.4 The provisions of this Section 15 shall not waive or preclude the City from pursuing any
other remedies that may be available to it under the law.
16. Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Articles, Single
Use Plastic Beverage Straws, and Single-Use Plastic Stirrers:
16.1 Grantee hereby agrees and acknowledges that, pursuant to Section 82-7 of the City
Code, as may be amended from time to time, Grantee shall not sell, use, provide food in, or offer the
use of expanded polystyrene food service articles(as defined in City Code Section 82-7)in City facilities
or on City property, in connection with any services performed pursuant to this Agreement. A violation
of this section shall be deemed a default under the terms of this Agreement. Notwithstanding the above,
this section shall not apply to expanded polystyrene food service articles used for prepackaged food
that have been filled and sealed prior to receipt by Grantee.
16.2 Additionally, Grantee agrees and acknowledges that, pursuant to Section 82-8 of the
City Code, as may be amended from time to time, Grantee shall not sell, use, provide food in, or offer
the use of single-use plastic beverage straws or single-use plastic stirrers (as defined in City Code
Section 82-8) in City facilities or on City property, in connection with any services performed pursuant
to this Agreement. A violation of this section shall be deemed a default under the terms of this
Agreement. Notwithstanding the above,the requirements of Section 82-8 shall not restrict Grantee from
providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use
plastic stirrer to an individual with a disability or medical condition that impairs the consumption of
beverages without a single-use plastic beverage straw or single-use plastic stirrer.
16.3 Additionally, Grantee agrees to comply with Section 46-92(c) of the City Code, which
provides that it is unlawful for any person to carry any expanded polystyrene product, single-use plastic
beverage straw, or single-use plastic stirrer onto any beach or park within the City, or onto any city
marina, pier, dock, or boat ramp. It is also unlawful for any business to provide single-use plastic
beverage straws or single-use plastic stirrers with the service or delivery of any beverage to patrons on
any beach within the City. Notwithstanding the above, the provisions in Section 46-92(c)that pertain to
single-use plastic beverage straws and single-use plastic stirrers shall not apply to a person or patron
with a disability or medical condition that impairs the consumption of beverages without a single-use
plastic beverage straw or single-use plastic stirrer.
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17. Florida Public Records Law:
17.1 Grantee shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
17.2 The term"public records" shall have the meaning set forth in Section 119.011(12), which
means all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City.
17.3 Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Grantee shall:
17.3.1 Keep and maintain public records required by the City to perform the service;
17.3.2 Upon request from the City's custodian of public records, provide the City with a copy of
the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or
as otherwise provided by law;
17.3.3 Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed, except as authorized by law, for the duration
of the contract term and following completion of the Agreement if the Grantee does not
transfer the records to the City;
17.3.4 Upon completion of the Agreement, transfer, at no cost to the City, all public records in
possession of the Consultant or keep and maintain public records required by the City
to perform the service. If the Consultant transfers all public records to the City upon
completion of the Agreement,the Grantee shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
the Grantee keeps and maintains public records upon completion of the Agreement, the
Consultant shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology systems
of the City.
17.4 Request for Records; Noncompliance.
17.4.1 A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City. If the City does not possess the requested records,
the City shall immediately notify the Consultant of the request, and the Grantee must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
17.4.2 Grantee's failure to comply with the City's request for records shall constitute a breach
of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the
Agreement; (2)avail itself of the remedies set forth under the Agreement; and/or(3)avail
itself of any available remedies at law or in equity.
17.4.3 A Grantee who fails to provide the public records to the City within a reasonable time
may be subject to penalties under s. 119.10.
17.5 Civil Action.
17.5.1 If a civil action is filed against a Grantee to compel production of public records relating
to the City's contract for services, the court shall assess and award against the Grantee
the reasonable costs of enforcement, including reasonable attorneys'fees, i1
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a. The court determines that the Grantee unlawfully refused to comply with the public
records request within a reasonable time; and
b. At least 8 businessdays before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the Grantee has not
complied with the request, to the City and to the Grantee.
17.5.2 A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public
records and to the Grantee at the Grantee's address listed on its contract with the City
or to the Grantee's registered agent. Such notices must be sent by common carrier
delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in
an electronic format.
17.5.3 A Grantee who complies with a public records request within 8 business days after the
notice is sent is not liable for the reasonable costs of enforcement.
17.6 IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
CITY OF MIAMI BEACH
• ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO at.MIAMIBEACHFL.GOV
PHONE: 305-673-7411
Article III /Miscellaneous Provisions
18. 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.
19. 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-1 of this Agreement, and to the City when addressed as follows: City Manager's
Office, 1700 Convention Center Drive, 4111 Floor, Miami Beach, Florida 33139.
20. 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. •
21. 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
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parties.
22. Emergency and Evacuation Assistance Program Registration: Pursuant to Resolution 2018-
30261, Grantee will encourage elder clients served through this Project to register for the Emergency
and Evacuation Assistance Program administered by Miami-Dade County and shall report on such
efforts in the Monthly Progress Report.
23. Board Training: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more
of its board membership complete the City's training for board members, if all three of the following
apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5
million; and, 3) the grant award is for $25,000 or more in City funds. The Board Training must be
completed within the last two years prior to the receipt of City funds.
24. Written Notices: Any notices required under this Agreement will be effective when delivered to
the City in writing and addressed to the City Grant Administrator. Any notices required under this
Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee
Contract Administrator.
25. City Contract Administrator: All contract related questions, reports and requests for
reimbursements to be submitted to the City 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. 26183
Fax: 786-394-4675
Email: judyhoanshelt(a miamibeachfl.gov
26. Public Funds: 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.
27. No Discrimination: 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
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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.
28. 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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•
Page 12 of 15
Exhibit 1 / Project Description
Project Description
Grant funds will be used to provide a congregate meals program, on a first come first served basis, for
120 Miami Beach elder residents at the North Beach Senior Center ("UNIDAD North Beach Senior
Center"), socialization programs and computer training classes for seniors (collectively, the "Project").
Meals Program beneficiaries are over the age of 62, residing in Miami Beach.
The following expenses will be incurred in the delivery of these Project 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 North Beach Senior Center
• computer equipment, including computer programs
• computer training classes
See Exhibit 2 for a complete budget break-down.
The Grantee will support the following City Key Intended Outcomes and provide documentation of such:
• - Enhance Cultural and Recreational Activities
Grantee Responsibilities
1. The Grantee's funded services will support the following Citywide Key Intended Outcomes:
a. 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. monthly reports to show expenditures
b. 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., agreements, service invoices and cancelled checks;
copies of reports, including audit reports)
b. program supplies purchase (i.e., invoices with cancelled checks)
c. staffing (i.e., payroll reports and cancelled checks/payroll ledgers)
Page 13 of 15
•
4. Funding Package: Grantee shall submit the following documentation with each monthly
reimbursement request:
a. invoices for expenses incurred;
b. cancelled checks corresponding to invoices for expenses incurred (back and front);
c. timesheets for those employees whose salary is being,charged in whole or in part to this
grant;
d. direct deposit and payroll records corresponding to the wages paid to employees in
support of the program; and
e. Monthly Progress Report, as defined in Section 5 herein.
5. Monthly Progress Report: Grantee shall complete the reporting form provided by the Grantor by
the 10t day of the following month in which service is provided (`Monthly Progress Report')and
shall include:
a. Progress of overall Project (included challenges) and its impact on the identified key
intended outcome
b. Running Project budget(expenses and carry forward balance of remaining funds)
c. List of eligible beneficiaries and frequency of service
d. Such other additional documentation as the City Manager's designee may request,
following receipt of the Monthly Progress Report,to document the progress of the Project
6. The Grantee will submit a report("Final Report") no later than March 15, 2021, 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
d. Such other additional documentation as the City Manager's designee may request,
following receipt of the Final Report, to document the impact of the Project
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Page 14 of 15
Unidad of Miami Beach
Budget Grant Year March 12020 to February 28 2021
UNIDAD MEALS PROGRAM BUDGET
City of Miami Beach Meal Program Budget
Line Item Category Category Total
Salaries&Wages- $ 39,976.89
Salaries&Wages- $ 17,547.00
Salaries&Wages- $ 19,004.08
FICA-6.2% $ 5,055.45
MICA- 1.45% $ 1,182.32
SUTA-5.4% $ 1,693.60
Workers Compensation - 1.78% $ 4,132.51
Advertising and Promotions $ -
Audit/990 $ -
Background Checks-Staff $ 375.98
Equipment $ 400.94
Computer Equipment and Server $ -
Finanical Services $ 2,063.51
General Liability Insurance $ 2,237.46
Bonding Insurance $ 3,704.49
Janitorial &Cleaning Supplies $ 1,070.83
Licenses and Fees $ 1,871.84
Office Supplies $ 2,888.07
Payroll Processing $ 111.45
Repairs and Maintenance-Equipment $ -
Telephone $ 2,504.03
Training-Participants $ -
Nutrionist-4 hours a week $ 5,386.87
Catering Equipment- Meals Program $ 2,433.84
Food Cost- Meals Program $ 99,038.70
Grant Writer- Meals Program $ -
Meals Program Contract Servers $ 15,000.00
Website Modification and Tech Support $ 905.00
Holiday and Special Event- Meal Program $ 1,415.14
Consultant Services-Carryforward 18-19 $ -
TOTALS $ 230,000.00