Block Grant - Coronavirus Agreement Quattro Hair Salon, Inc DocuSign Envelope ID:2FACB061-0252-4743-83E4-7F2666E0A0DA
COMMUNITY DEVELOPMENT BLOCK GRANT-CORONAVIRUS AGREEMENT
FOR THE CITY OF MIAMI BEACH SMALL BUSINESS COVID-19 RELIEF PROGRAM
(FISCAL YEAR 2020)
BETWEEN
THE CITY OF MIAMI BEACH
AND
QUATTRO HAIR SALON, INC
18 De 280/18/2020 16:36 PM EST
This Agreement made and entered into this clay ,2020, by and between
the CITY OF MIAMI BEACH,FLORIDA,a Florida municipal corporation having its principal office at 1700
Convention Center Drive, Miami Beach, Florida, 33139, (hereinafter referred to as "City"), QUATTRO
HAIR SALON, LLC, a Florida Limited Liability Company, having its principal place of business at 901
PENNSYLVANIA AVE, Miami Beach, FL 33139(hereinafter referred to as"Grantee").
WHEREAS,on May 13,2020,the City Commission approved Resolution No.2020-31256,
approving the allocation of $200,000 for small business assistance through Community Development
Block Grant-Coronavirus(CDBG-CV)funding; and
WHEREAS, on June 5, 2020, the City Commission directed the Economic Development
Department to utilize the CDBG-CV funds allocated to the Small Business Assistance Program (the
"Program") for qualified Miami Beach small businesses, using two lottery systems, one for businesses
that follow the MB Standard, and another for businesses that do not meet those standards, in order to
select qualified grant recipients for an award of up to TEN THOUSAND DOLLARS($10,000.00);and
WHEREAS, Grantee applied for the Program and has been selected in the lottery as an
eligible business;and
WHEREAS,the City desires to provide a grant to Grantee under the terms of the Program.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,the City and
Grantee agree as follows:
Section 1. Agreement Documents: Agreement documents shall consist of this Agreement and the
following four(4)exhibits, all of which are attached and incorporated in this Agreement:
• Exhibit A-Scope of Services
• Exhibit B-Documentation
• Exhibit C -Financial Management for CDBG-CV funded activities
• Exhibit D-Quarterly Report Form
Section 2. Statement of Work: The Grantee agrees to implement the Program in accordance with
Exhibits A and B,which Program is summarized as follows:
Small Business COVID-19 Relief and Low-Income Employment:
Pursuant to the CARES Act, the CDBG-CV funding is intended to"avoid job loss caused
by business closures related to social distancing by providing short-term assistance for
qualified business expenses" (as defined in Exhibit "A") to eligible small businesses who
agree to employ and/or retain at least one (1) qualified low- and moderate-income
employee (as defined in Exhibit "A") for a period of one (1) year from the date the City
verifies employment for the qualified employee (the "Compliance Period"). If Grantee
complies with the terms of the Program during the Compliance Period, the Grant Funds
shall be forgiven by the City, pursuant to a written notification to Grantee. If Grantee is not
able to document compliance with the terms of the Program during the Compliance Period,
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Grantee shall be required to repay to the City all of the Funds received under this
Agreement.
Section 3. Agreement Amount: The City agrees to make available Community Development Block
Grant-Coronavirus (CDBG-CV) funds, in an amount not to exceed TEN THOUSAND
DOLLARS (10,000.00) for use by the Grantee during the Term of the Agreement to be
spent on any business operational costs such as payroll, utilities, rents, or mortgage
interest(for business accounts in existence as of February 1, 2020), etc. and/or COVID-
related expenditures. Grant money may only be used for those expenses which have
occurred after being selected in the Program lottery(hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s)to the Agreement, shall be referred to as the"Funds").
Section 4. Alterations: Any change to the Program shall require the prior written approval of the City
Manager,which approval, if given at all, shall be at his/her sole reasonable judgment and
discretion.
Section 5. Reporting Requirements and Method of Payment: In compliance with 24 CFR 570.503
(b)(2), Exhibit B contains a checklist of backup documentation to be used in fulfillment of
the quarterly reporting requirement. The Grantee will provide the City with a complete
Quarterly Report every three months. The quarterly report will be due on the 10th day
following every quarter period. In the event that the 10th of the month lands on a Saturday,
Sunday or holiday,the report must be submitted the following business day.The report will
detail how Funds are expended and for which type of business expenses. The Quarterly
Report must also specify whether the Grantee is complying with the Employee Retention
Requirement, including acknowledgement that the employee qualifies as a low-income
employee. Quarterly reports will be submitted via any of the following methods:
• Standard mail
• Email
Quarterly reports will not be considered acceptable unless the following is met:
• Forms are completely and accurately completed including draw number and
submittal date
• Necessary back-up materials are included (as stated in Exhibit "B"
Documentation.)
• Reports bear the signature of the person preparing the report and the Grantee's
authorized signatory
Reports and/or requested documentation not received by the due date shall be considered
delinquent and may be cause for default and termination of this Agreement, pursuant to
Section 10 hereof. Other reporting requirements may be required by City in the event
legislative amendments are enacted or as the City Manager may reasonably deem
necessary. The Grantee shall be informed, in writing, if any changes become necessary.
Section 6. Additional Conditions and Compensation: The parties acknowledge that the Funds
originate from CDBG-CV grant funds from HUD, and must be implemented in full
compliance with all of HUD's rules and regulations. In the event of curtailment or non-
production of said Federal funds, the financial sources necessary to continue to pay the
Grantee all or any portions of the Funds will not be available. In that event, the City may
terminate this Agreement, which termination shall be effective as of the date that it is
determined by the City Manager, in his/her sole discretion and judgment, that the Funds
are no longer available. In the event of such termination, the Grantee agrees that it will
not look to, nor seek to hold the City, nor any individual member of the City Commission
and/or City Administration, personally liable for the performance of this Agreement, and
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the City shall be released from any further liability to Grantee under the terms of this
Agreement.
Section 7. Compliance with Local,State and Federal Regulations-The Grantee agrees to comply
with all applicable Federal regulations as they may apply to Program administration as
described in 24 CFR 570 and 2 CFR 200 and carry out each activity in compliance with
the laws and regulations as described in 24 CFR 570 Subpart K — Other Program
Requirements,as same may be amended from time to time.Additionally,the Grantee will
comply with all State and local(City and County)laws and ordinances hereto applicable.
It shall be the Grantee's sole and absolute responsibility to continually familiarize itself with
any and all such applicable Federal, State, County, and City regulations, laws, and/or
ordinances.
Section 8. Assignment/Subcontract: No part of this Agreement may be assigned or subcontracted
without the prior written consent of the City Manager, which consent, if given at all, shall
be at the City's sole discretion and judgement.
Section 9. Term: This Agreement shall commence retroactively on July 1, 2020 and shall terminate
at such time as the City determines that Grantee has provided sufficient documentation to
establish compliance with all requirements for use of the Funds following disbursement of
Funds to the Grantee(the Term).
Section 10. Termination of Agreement:
10.1 Termination for Convenience: This Agreement may be terminated by the City, for
convenience and without cause, through the City Manager, upon 30 days prior written
notice to Grantee. In the event of such termination for convenience, the City shall retain
any Funds which were not disbursed to Grantee before the effective date of termination.
Grantee shall be solely responsible for immediately returning any unused or unapproved
Funds as of the date of termination, and shall also be solely responsible for submitting a
final report,as provided in Section 5 hereof,(detailing all Program objectives,activities and
expenditures up to the effective date of the termination). Said final report shall be due
within five(5)working days following the effective date of termination. Upon timely receipt
of Grantee's final report, the City,at its sole discretion, shall determine the amount(if any)
of any additional portion of the Funds to be returned to the City as a result of any
unapproved or unused Funds, or incomplete Program items, and shall provide Grantee
with written notice of any monies due. Said additional monies shall be due and payable
immediately upon receipt of such notice by Grantee. Notwithstanding the preceding, the
City reserves any and all legal rights and remedies it may have with regard to recapture of
all or any portion of the Funds, or any assets acquired or improved in whole or in part with
said Funds.
10.2 Termination for Cause: Notwithstanding Subsection 10.1 above,the City may also
terminate this Agreement for cause. "Cause" shall include, but not be limited to, the
following:
a. Failure to comply and/or perform,in accordance with the terms of this Agreement,or
any Federal, State,County or City law,or regulation.
b. Submitting reports to the City which are late, incorrect, or incomplete in any material
respect.
c. Implementation of this Agreement, for any reason, is rendered impossible or
infeasible.
d. Failure to respond in writing to any concerns raised by the City, including
substantiating documents when required/requested by the City.
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e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's
monitoring and applicable HUD rules and regulations.
The City shall notify the Grantee in writing when the Grantee has been placed in
default. Such notification shall include:(i)actions taken by or to be taken by the City,such
as withholding of payments;(ii)actions to be taken by the Grantee as a condition precedent
to curing the default, if applicable;and(iii)a reasonable cure period,which shall be no less
than thirty(30)days from notification date with respect to Subsections 10.2(a),(b),and(d).
In the event the Grantee fails to cure a default under Subsections 10.2(a), (b), and (d)
within the aforestated cure period, this Agreement shall be considered terminated for
cause,without requiring further notice to Grantee.
Notwithstanding the foregoing, with respect to Subsection 10.2 (c) and (e), the
termination for cause, as described in this section, shall be effective upon receipt of the
termination notice,without the opportunity to cure said default.
Additionally, if Grantee has committed similar defaults under Subsections 10.2(a),
(b), and (d), on two or more occasions during the term of the Agreement, the termination
for cause, as described in this section, shall be effective as of the date the second notice
is sent to Grantee by the City,without the opportunity to cure said default.
Grantee shall be solely responsible for repayment to the City of all or any portion of
the Funds disbursed to Grantee,as deemed required by the City,in its sole and reasonable
discretion. Said monies shall be immediately due and payable by Grantee.
Notwithstanding the preceding, the City reserves any and all legal rights and remedies it
may have with regard to recapture of all or any portion of the Funds,or any assets acquired
or improved in whole or in part with said Funds.
10.3 Termination for Lack of Funds: In the event of curtailment of, or regulatory
constraints placed on the Funds by HUD,this Agreement will terminate,effective as of the
time that it is determined by the City Manager that such Funds are no longer available.
Costs of the Grantee incurred after termination are not allowable unless expressly
authorized in writing by the City Manager (whether in the notice of termination or
subsequent thereto), and, in that case, may only be allowable if, in the sole discretion of
the City Manager:
a. The costs resulted from obligations which were properly incurred before the
effective date of termination,were not in anticipation of it, and are noncancelable;
and
b. The costs would be allowable if the Agreement expired normally at the end of its
Term.
10.4 Interest and Collection Costs: Any payment made by Grantee after seven(7)days
from the due date shall accrue interest at the rate of twelve percent (12%) per annum
("Default Interest"). In addition to the Default Interest, Grantee shall pay the City all costs
and reasonable attorney's fees incurred by the City in connection with the enforcement of
this Agreement.
Section 11. Equal Employment Opportunities/No Discrimination: In compliance with 2 CFR 200,
Appendix II: Except as otherwise provided under 41 CFR Part 60, all contracts that meet
the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must
include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with
Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity,' and implementing
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regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
Unless otherwise required by applicable laws, in connection with performance of the
Services, the Grantee shall not exclude from participation in, deny the benefits of, or
subject to discrimination anyone on the grounds of race, color, national origin, sex, age,
disability, religion,income or family status.
Additionally,Grantee shall comply with the City of Miami Beach Human Rights Ordinance,
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in the employment, housing, public accommodations, or public services, on
the basis of actual or perceived race, color, national origin, religion, sex, intersexuality,
sexual orientation,gender identity,familial and marital status,age,ancestry,height,weight,
domestic partner status, labor organization membership, familial situation, political
affiliation,or disability.
Section 12. Program Income: The use of program income by the Grantee shall comply with the
requirements set forth at 24 CFR 570.504. By way of further limitations, the Grantee may
use such income during the contract period for activities permitted under this contract.
Section 13. Religious Organization or Owned Property: (Intentionally Omitted)
Section 14. Reversion of Assets: In the event of a termination of this Agreement, or upon expiration
of the Agreement, and in addition to any and all other remedies available to the City
(whether under this Agreement, or at law or in equity), the Grantee shall immediately
transfer to the City any Funds on hand at the time of termination (or expiration) and any
accounts receivable attributable to the use of CDBG-CV Funds. The City's receipt of any
Funds on hand at the time of termination, shall not waive the City's right (nor excuse
Grantee's obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Additionally, in the event that Grantee fails to comply with the requirements of the
Program, as more particularly described in Exhibits "A" and "B", Grantee shall be
required to repay the City all of the Funds paid to Grantee, such sums shall be due
and payable immediately, upon demand.
Section 15. Conformity to HUD regulations: The Grantee agrees to abide by guidelines set forth by
HUD for the administration and implementation of the CDBG-CV Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 570.502,as amended
by 2 CFR 200 and applicable Federal laws and regulations in 24 CFR 570.600, et seq.as
now in effect and as may be amended from time to time. In this regard,the Grantee agrees
that duly authorized representatives of HUD shall have access to any books, documents,
papers and records of the Grantee that are directly pertinent to this Agreement for the
purpose of making audits, examinations, excerpts and transcriptions.
a. Subpart A-"Acronyms and Definitions"
b. Subpart B-General Provisions
c. Subpart C-"Pre-Federal Award Requirements and Contents of Federal Awards"
d. Subpart D - "Post-Federal Award Requirements", except for 200.305, 200.306,
200.307,200.308,200.311 as detailed below:
1) "Payment" is modified for lump sum drawdown for financing of property
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rehabilitation activities, in accordance with 570.513.
2) "Program Income"is governed by 570.504
3) "Real Property"does not apply, except as provided in 570.200(j). Real property is
governed by§570.505.
4) "Equipment"CDBG-CV Grantees shall follow Section 200.313, except that when
the equipment is sold, the proceeds shall be program income. Equipment not
needed by the Grantee for CDBG-CV activities shall be transferred to the recipient
for the CDBG-CV program or shall be retained after compensating the recipient.
5) Section 200.333"Retention requirements for records"applies except that:
For Grantees:
i. The retention period for individual CDBG-CV activities shall be the longer
of five (5) years after the expiration or termination of the Grantee
agreement under§ 570.503, or five(5)years after the submission of the
annual performance and evaluation report, as prescribed in § 91.520 of
this title, in which the specific activity is reported on for the final time;
ii. Records for individual activities subject to the reversion of assets
provisions at § 570.503(bx7) or change of use provisions at § 570.505
must be maintained for as long as those provisions continue to apply to
the activity; and
iii. Records for individual activities for which there are outstanding loan
balances,other receivables, or contingent liabilities must be retained until
such receivables or liabilities have been satisfied.
Section 16. Section 200.343"Closeout"
City will close-out the Federal award when it determines that all applicable administrative
actions and all required work of the Federal award have been completed by the Grantee.
The following actions must take place to complete this process at the end of the Term.
a. The Grantee must submit, no later than 90 calendar days after the end date of
the Term, all financial, accomplishment, performance, and other reports as
required by the terms and conditions of this Agreement. City may approve
extensions when requested by the Grantee.
b. Unless City authorizes an extension, Grantee must liquidate all obligations
incurred under this Agreement no later than 90 calendar days after the end date
of the Term as specified in the terms and conditions of this Agreement.
c. City must make prompt payments to the Grantee for allowable reimbursable
costs under this Agreement prior to being closeout.
d. Grantee must promptly refund any balances of unobligated cash that City paid
in advance or paid and that are not authorized to be retained by the Grantee for
use in other projects. See OMB Circular A-129 and see§200.345 Collection of
amounts due, for requirements regarding unreturned amounts that become
delinquent debts.
e. Consistent with the terms and conditions of the Agreement, City must make a
settlement for any upward or downward adjustments to the Federal share of
costs after closeout reports are received.
f. Grantee must account for any real and personal property acquired with Federal
funds or received from the Federal Government in accordance with§§200.310
Insurance coverage through 200.316 Property Trust Relationship and 200.329
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Reporting on Real Property.
g. City should complete all closeout actions for Federal awards no later than one
year after receipt and acceptance of all required final reports.
Section 17. Examination of Records:The Grantee shall maintain sufficient records in accordance
with 24 CFR 570.502, 570.503(b)(2) and 570.506 to determine compliance with the
requirements of this Agreement,the CDBG-CV Program,and all other applicable laws
and regulations. This documentation shall include, but not be limited to,the following:
a. Books, records and documents in accordance with generally accepted accounting
principles, procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this
Agreement, including matching funds and Program Income. These records shall
be maintained to the extent of such detail as will properly reflect all net costs,direct
and indirect labor, materials, equipment, supplies and services, and other costs
and expenses of whatever nature for which reimbursement is claimed under the
provisions of this Agreement;
b. Time sheets for employees related to the Employee Retention Requirement; and
c. How the Statutory National Objective(s) as defined in 24 CFR 570.208 and the
eligibility requirement(s)under which funding has been received, have been met.
These also include special requirements such as necessary and appropriate
determinations as defined in 24 CFR 570.209, income certifications, and written
Agreements with Grantees,where applicable.
The Grantee is responsible for maintaining and storing all records pertinent to this
Agreement in an orderly fashion in a readily accessible, permanent and secured
location for a period of five (5) years after expiration of this Agreement, with the
following exception: if any litigation,claim or audit is started before the expiration date
of the five (5)year period, the records will be maintained until all litigation, claims or
audit findings involving these records are resolved.The City shall be informed in writing
after closeout of this Agreement, of the address where the records are to be kept.
Section 18. Audits and Inspections:
18.1 At any time during normal business hours,and as often as the City(and/or
its representatives)may deem necessary,the Grantee shall make available all records,
documentation, and any other data relating to all matters covered by the Agreement,
for review, inspection or audit.
If this Agreement is closed-out prior to the receipt of an audit report,the City reserves
the right to recover any disallowed costs identified in an audit after such closeout.
18.2 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
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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 Inspector 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 Agreement,for examination,audit,or reproduction, until three
(3)years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
i. If this Agreement 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
Agreement 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
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provisions in this section in all subcontracts and all other agreements executed by
the Grantee in connection with the performance of this Agreement.
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.
Section 19. Indemnification/Requirements:The Grantee shall indemnify and hold harmless the City,
its officers, employees and agents,from any and all claims, liability, losses and causes of
action which may arise out of an act,omission,negligence or misconduct on the part of the
Grantee, or any of its agents, officers, servants, employees, contractors, patrons, guests,
clients, licensees, invitees, or any persons acting under the direction, control, or
supervision of Grantee,pursuant to this Agreement and/or the Program. The Grantee shall
pay all claims and losses of any nature whatsoever in connection therewith and shall
defend all suits in the name of the City, and shall pay all costs(including attorney's fees)
and judgements which may issue thereon. This Indemnification shall survive the
termination and/or expiration of this Agreement.
Section 20. Conflict of Interest: The Grantee covenants that no person under its employ who
presently exercises any functions or responsibilities in connection with Community
Development Block Grant-Coronavirus (CDBG-CV) funded activities has any personal
financial interests, direct or indirect, in this Agreement. The Grantee covenants that in the
performance of this Agreement, no person having such conflicting interest shall be
employed. The Grantee covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and State, County and City of Miami Beach statutes, regulations,
ordinances or resolutions governing conflicts of interest. The Grantee shall disclose, in
writing,to the City any possible conflicting interest or apparent impropriety that is covered
by the above provisions. This disclosure shall occur immediately upon knowledge of such
possible conflict. The City will then render an opinion, which shall be binding on both
parties.
Section 21. 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, CITY 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.
Section 22. Notices: All notices required under this Agreement shall be sent to the parties at the
following address:
City: Economic Development Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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With copy to: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Grantee: Diego Quint
Quattro Hair Salon
901 Pennsylvania Ave
Miami Beach, Florida,33139
In the event that the Grantee changes the above-referenced business officer during the
term of the Agreement, such change must be notified in writing to the City within 15 days
of such change.
Section 23. Limitation of Liability:The City desires to enter into this Agreement only if in so doing the
City can place a limit on City's liability for any cause of action for money damages due to
an alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of$5,000. Grantee hereby expresses its willingness to enter into
this Agreement with Grantee's recovery from the City for any damage action for breach of
contract to be limited to a maximum amount of$5,000.
Accordingly,Grantee hereby agrees that the City shall not be liable to Grantee for damages
in an amount in excess of$5,000,for any action or claim for breach of contract arising out
of the performance or nonperformance of any obligations imposed upon the City by this
Agreement. Nothing contained in this subparagraph or elsewhere in this Agreement is in
any way intended to be a waiver of the limitation placed upon City's liability as set forth in
Florida Statutes, Section 768.28.
Section 24. Florida Public Records Law:
a. Grantee shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
b. 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.
c. 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:
1) Keep and maintain public records required by the City to perform the service;
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;
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
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the Grantee does not transfer the records to the City;
4) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Grantee or keep and maintain public records required
by the City to perform the service. If the Grantee 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 Grantee 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.
d. Request for Records; Noncompliance
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 Grantee 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.
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: (i) unilaterally
terminate the Agreement; (ii) avail itself of the remedies set forth under the
Agreement;and/or(iii)avail itself of any available remedies at law or in equity.
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.
e. Civil Action
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, if:
i. The court determines that the Grantee unlawfully refused to comply with the
public records request within a reasonable time; and
ii. At least 8 business days 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.
2) A notice complies with subparagraph (1)(ii) 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.
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.
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f. 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@MIAMIBEACHFL.GOV
PHONE: 305-673-7411
Section 25 This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
[SIGNATURES TO FOLLOW]
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their
duly authorized officials on the day and date first above indicated.
QUATTRO HAIR SALON,LLC
A Florida Limited Liability Company
ATTEST' ��
..'
Secretary // Signature
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Cf�2OL1N iZOL),K( G1U6Z— (�,�d v1N
Print Name Print Name and Title
9-r2 f--,26,2,6 w N ��12-
Date
CITY OF MIAMI BEACH,FLORIDA
a Florida municipal corporation
ATTEST:
CDoeuSiyned by:
0a3A 6
Signature Signature
Rafael E.Granado,City Clerk Dan Gelber, Mayor
Print Name Print Name
12/18/2020 16:36 PM EST
Date
..OVr.7), S TO
FORM ` --UAGE
�.R EY'._,UTION
ZZ'!gl:orrm.� 202°
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"SCOPE OF SERVICES"
Statement of Work: Miami Beach Small Business COVID-19 Relief Program
In compliance with 24 CFR 570.503(b)(1), Grantee agrees to provide the following:
Grantee Name: DECO DRIVE CLEANING AND LANDSCAPING CORP
Federal Award
Identification:
DUNS Number:
Federal Award: FY 2020 CDBG-CV Funds
Subaward Period of Retroactive to August 1, 2020—September 30,2021
Performance:
_
Budget: $10,000.00
Total Amount of
Federal Funds $10,000.00
Obligated:
Federal Awarding U.S.Department of Housing and Urban Development(HUD)
Agency:
Pass-through Entity: City of Miami Beach—Department of Economic Development
Reports Due: Prior to the 10th of every month starting the month after contract execution:
• Progress
• Accomplishments
• Financial
Limited Clientele: At least one employee must qualify as low—to moderate—income clientele
as proven by the income qualifications.
Service Location: Miami Beach
Program: Miami Beach Small Business COVID-19 Relief Program activities, including
employment of one(1)low-income Miami Beach employee
Deliverables: • Quarterly reporting
Benchmarks: • Employment and or retention of at least one(1)qualified employee
The Grantee is a Miami Beach-based small business of no more than five(5)employees.
Quarterly Disbursement Request. Grantee may request reimbursement of"qualified business expenses",
as defined herein, in an amount of up to the Grant Amount of $10,000, by submitting detailed expense
records and the required documentation listed in Exhibit "B". Grantee may submit multiple receipts for
reimbursements, up to the Grant Amount. As referred to herein, "qualified business expenses"shall mean
any operational costs such as payroll, utilities, rents, or mortgage interest (for business accounts in
existence as of at least February 1, 2020), etc. and/or COVID-19 related expenditures. Only those
expenses which have occurred after Grantee was selected in the lottery are eligible for reimbursement.The
City will issue payment to Grantee within thirty (30) days from the date the City receives the required
documentation to verify that the expenses requested are eligible for reimbursement under the Program.
Employee Status and Retention Requirement. As consideration for receipt of the Grant Amount, Grantee
agrees, to hire and/or retain a qualified employee, as defined herein, continuously, during the 12-month
Compliance Period.If Grantee already employs a qualified employee at the time of expense reimbursement,
Grantee must submit required employee documentation with the Quarterly disbursement request.
Otherwise, within three (3) months following reimbursement, Grantee must create a job for a qualified
employee and submit the required employee documentation. The 12-month Compliance Period begins
only upon the City's verification of employment of the qualified employee. A qualified employee, as
referenced herein shall mean a fulltime employee who resides in Miami Beach and whose household earns
at or under 80%AMI. A qualified employee is considered a full-time employee if retained at 40 hours per
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week, or any combination of part-time positions combining for 40 hours per week. The employee must be
a U.S.citizen or legal resident,and the employee must also reside in the City of Miami Beach.
Low Income Employee.HUD's income limits are based on Median Family Income estimates and Fair Market
Rent area definitions for the Miami-Dade County metropolitan area. Low income is defined as earning 80%
of the median family income for Miami-Dade County. The 2020 income limits applicable for the household
of the employee of the applicant business are:
Household 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person
Size
Low-
Income $51,200 $58,500 $65,800 $73,100 $78,950 $84,800 $90,650 $96,500
(80%)AMI
At the conclusion of the 12-month Qualification Period, the business must verify compliance by submitting
payroll documentation. If Grantee is unable to prove compliance, then Grantee shall repay the Funds to
the City, immediately, upon receiving a demand for payment. Grantee will not be required to repay the
Funds to the City, if the Grantee, throughout the Compliance Period retains or creates one (1) full-time
employee that resides in a low-income City of Miami Beach household.
Duplication of Benefits. To comply with HUD regulations, the City shall require the Grantee to complete a
Duplication of Benefits form, a copy of which is incorporated herein by reference and attached hereto as
Exhibit A-1,as a method of assessing whether the use of CDBG-CV funds will duplicate financial assistance
that is already received or is likely to be received for COVID-19 related losses. By accepting these CDBG-
CV Funds,Grantee agrees to repay any portion of the Funds determined by the City to be duplicative Funds.
Applicable Rules and Regulations:
1. Environmental Review:
In compliance with 24 CFR 570.604 Environmental Standards, the City is responsible for undertaking
Environmental Reviews in accordance with the requirements imposed on"recipients"in 24 CFR 58.
The Program is an Economic development activity, and therefore, it falls under Categorically
Excluded Activity not subject to 24 CFR 58.5. Pursuant to 24 CFR 58.35(b)(4) that states that the
Program is a categorically excluded activity that would not alter any conditions that would require a
review or compliance determination under the Federal laws and authorities cited in§58.5.
2. Compliance with National Objective
At least 51%of the City's Program Grantees must be low-to moderate-income individuals,therefore,
each Grantee is responsible for employing and/or retaining at least one (1) low-income qualified
employee during the Qualification Period.
Income Verification
Grantee will follow the guidelines provided by 24 CFR Part 5.609,Annual Income to ensure eligibility
of Program participants; maintain evidence that activities assisted with CDBG-CV funds comply with
the primary National Objective, "Benefit to Low- and Moderate- Income Persons" and provide
services or activities that benefit at least 51% low- and moderate-income persons. A low- or
moderate-income household is defined as: a household having an income equal to or less than the
limits cited below based on the unit size.
The City recommends using the CDP Income Eligibility Calculator provided at
https://www.hudexchange.info/incomecalculator/ to determine Household eligibility. This form
contains all the required certifications and warnings. It should be noted that the City does not allow
the use of a self-certification approach to income documentation.
Low-Income Household Limits
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HUD Low-Income(80% of Median Income)for FY2020
Household 1-Person 2-Person 3-Person 4-Person 5-Person 6-Person 7-Person 8-Person
Size
Low-
Income $51,200 $58,500 $65,800 $73,100 $78,950 $84,800 $90,650 $96,500
(80%)AMI
3. Evaluation
In its continuing effort to ensure contract compliance and performance, the City will evaluate the
Grantee in its fulfillment of the terms of this Agreement including, but not limited to, the following
measures:
• Agreement compliance
• Accuracy and timeliness of Quarterly Reports
• Adherence to Program timelines and Technical Assistance and Grantee Instructions
• Fulfillment of prescribed outcomes
4. Monitoring&Performance Reviews
In compliance with 2 CFR 200.331(d)and(e), the City reserves the right to inspect, monitor and/or
audit the Grantee, at least once a year, to ensure contractual compliance. City will notify Grantee a
minimum of three(3)business days prior to a monitoring visit,
EXHIBIT"B"
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"Documentation"
The Grantee agrees to provide the following documents as part of its reporting requirements:
To document Employee Retention Requirement:
• Income Verification forms must include:
• Name
• Date of birth
• Employee's Miami Beach address
• Demographic information as required in the CDBG-CV Income Verification Form
• Verify information on family size and income so that it is evident that the household's family
income does not exceed the low and moderate income limit.
• Annual income is the gross amount of income anticipated by all adults in a family during
the 12 months following the effective date of the determination.
To calculate annual income, the Grantee may choose among definitions of income,
listed below; however, the same income definition must be used for all Grantees.
o Annual income as defined under the Section 8 Housing Assistance Payments
Program(24 CFR 5.609);
o Adjusted gross income as defined for purposes of reporting under IRS Form
1040(long form)for Federal individual income tax purposes.
• To determine if program applicants are income-eligible,Grantees have several options:
a) Obtain evidence that the household/person assisted qualified under another
program having income qualification criteria at least as restrictive as that used in
the definitions of LMI household/person, such as public housing and welfare
programs; or
b) Obtain evidence that the assisted person is homeless;or
c) Obtain a verifiable certification from the assisted person that his/her family
income does not exceed the applicable income limit according to the definition
of income under 24 CFR 570.3:
o Estimate the annual income of a family or household by projecting the
prevailing rate of income of each person at the time assistance is provided for
the individual,family, or household(as applicable). Estimated annual income
shall include income from all family or household members,as applicable.
1. Obtain verification of employment for each household member over the
age of 18 by obtaining one of the following,as appropriate:
a. Proof of entitlement payments; and/or
b. Three (3) most current pay-stubs for those who are employed;
and/or
c. Verification of Self-Employment Tax Deposits for those who are
self-employed.
2. Obtain verification of financial assets for each household member over the
age of 18 obtaining, as applicable,the following documents:
a. The last 30 days of saving account statements;
b. The last 30 days of checking account statements;and
c. The last 30 days of mutual funds accounts
3. In the event that a household member over the age of 18 does not have
employment or financial assets, he/she must complete and notarize the
proper affidavits and submit with the application package.
• Any additional documents as requested by the City
To document expenses incurred:
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Supporting documents to be submitted with the Quarterly Report are as follows:
• Salary related expenses:
• Electronic payroll ledgers with corresponding bank transactions(statement)
• Cancelled checks
• Form 941 —Employer's Quarterly Federal Tax Return
• Unemployment payment
• Any additional documents as requested by the City
• Fringe Benefits related expenses:
• Bank statements
• Worker's Compensation invoice. policy and cancelled check
• Any additional documents as requested by the City
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EXHIBIT"C"
"Financial Management"
To comply with Federal regulations,each program must have a financial management system that provides
accurate, current and complete disclosure of the financial status of the activity. This means the Financial
system must be capable of generating regular financial status reports which indicate the dollar amount
allocated for each activity(including any budget revisions),amount obligated(i.e.,for which contract exists),
and the amount expended for each activity. The system must permit the comparison of actual expenditures
and revenues against budgeted amounts. The City must be able to isolate and to trace every CDBG-CV
dollar received and prove where it went and for what it was used.
The City is responsible for reviewing and certifying the financial management of any operating agency,
which is not a City department or bureau, in order to determine whether or not it meets all of the above
requirements. If the agency's system does not meet these requirements and modifications are not possible,
the City must administer the CDBG-CV funds for the operating agency.
Support for Expenditures
Sufficient support for expenses depends on the type of expenditure, including the following items:
• Salaries-Should be supported by proper documentation in personnel files of hire date,position,duties,
compensation, and raises with effective date, termination date, and similar type information. Non-
exempt employees are required by law to complete a timesheet showing number of hours they worked
during the day. All employees paid in whole or in part from CDBG-CV funds should prepare a time
sheet indicating the hours worked on CDBG-CV projects for each pay period. Based on these time
sheets and the hourly payroll costs for each employee, a voucher statement indicating the distribution
of payroll charges should be prepared and placed in the appropriate files.)
• Employee Benefits-Should be supported by personnel policies and procedures manual, describing
the types of benefits, eligibility and other relevant information.)
• Professional Services-Should be supported by a complete and signed copy of the contract between
the Grantee and the independent contractor, describing at the minimum, period of service, type of
service and method for payments, in addition to the invoice from the private contractor.
• Purchases - At a minimum, purchases should be supported by a purchase order, packing list and
vendor invoice. Credit card statements, travel itineraries, vendor statements and similar items do not
represent support for an expense.
Records
Accounting records must be supported by source documentation. Invoices, bills of lading, purchase
vouchers, payrolls and the like must be secured and retained for five(5)years in order to show for what
purpose funds were spent.Payments should not be made without invoices and vouchers physically in hand.
All vouchers/invoices should be on vendor's letterhead. Financial records are to be retained for a period of
five(5)years,with access guaranteed to the City,to HUD or Treasury officials or their representative.
Audits
Grantee shall adhere to the following audit requirements:
Audits for Federal Awards under$750,000 in a fiscal year.
If the Grantee expends less than$750,000 in the fiscal year in Federal awards it is exempted from Federal
audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City,
however, may request the Grantee to have a limited scope audit for monitoring purposes. These limited
scope audits will be paid for and arranged by the City and address only one or more of the following types
of compliance requirements: activities allowed or disallowed; allowable costs/cost principles; eligibility;
matching, level of effort,earmarking; and, reporting.
All reports presented to the City shall, where applicable, include sufficient information to provide a proper
perspective for judging the prevalence and consequences of the findings,such as whether an audit finding
represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be
related to the universe and the number of cases examined and quantified in terms of dollar value.
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EXHIBIT"D"
"Quarterly Report Forms"
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