BLOCK GRANT-CORONAVIRUS Agreement between BEACH HAIR SALON INC and CMB DocuSign Envelope ID:4BEA8C05-A209-41 E2-8DOB'D2AAC3EB0657 2..V l O - 3 12,51
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
BEACH HAIR SALON INC
This Agreement made and entered into this 27 day of October , 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"), and BEACH
HAIR SALON INC, a Florida for profit corporation, having its principal place of business at 533 Jefferson
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 Di-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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Section 3. Agreement Amount The City agrees to eke aveitatee Community Developraaerit Block
Grant-Coronavirus (CMG-Cy) funds, in an amount not to exceed TEN THOUSANO
DOLLARS (t0,0Q0,00)for use by the Grantee during the Term of the Agreement to be
spent on any bussing operational Costs such as payroll, utilities. rents, oc mortgage
interest for business accts in existence as Of February 1, 2020), etc..and/or COVIO-
related expenditures.s. 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. arty additional amounts included thereto as a result of a
subsequent amendment(s)to the Agreement, shad be referred to as the"runds').
Section 4. Alterations: Any change to the Program shall require the peer written approval of the City
Manager.which approval,if giVon at all,shall be at his/her sole reasonable judgmeet and
discretion.
Section,5, Reporting Requirements and Method of Payment In compliance with 24 CFR 570.503
(bp2), Exhibit B contains a checklist of backup docementetiQn to be used in fulfillment of
the quarterly reporting revetment. The Grantee will provide the City with a complete
Ou.e tarty Report every three months, The quarterly report will be due on the if,' day
following every quarter period. In the event that the 10:e 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 will tlx:Employes Retention
Requirement. inducting acknowledgement that thr employee qualifies as a low-income
employee. Quarterly reports will be submitted via any of the folk:wing methods:
• Standard mail
a Entail
Quarterly reports will not be considered acceptable unless the following is me¢.
• roans are completely and ac rarely completed including, draw nurrtber ar d
submittal date
• Necessary beck-up materials are included (as stated in e=xhibit 13"
t?iaoumerstation.)
• Reports bear the signaturo of the person preparing the report and the Grantee's
lzguttioeired sigrratory
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, puri arnt to
Section 10 hereof. Other reporting requirements may he required by City in the event
tegiSiative arneedrnents ore enacted or as tee City Manager may reasonably deem
necessary.The Grantee shy be inffrmed; in writing, if any changes become necessary.
Section 6. Additional Conditions and Compensation; The parties acknowiedge that the Funds
originate from C OSG.CV grant funds from HUD. and must be irlrtplcmented in full
compliance with all of HU[Y* rules and rogulatiere. In the event of curtailment or nosh
production cif 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 tt is
determined by the City Manager, in hi~s/hrer solo discretion and judgment, that tete Fund
are no longer available, In the event of such termination, the Grantee Moes that it will
not look to, nor seek to hold the City, nor any individual Member of the City Commission
andfor City Administration, personally l le for the performance of this Agreement, and
the City shall be released from any further liability to Grantee under the terms of-this
Agreement.
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Section 7. Compliar►ce with Local,State and Federal Regulations-The Grantee agrees to eompiy
witkr 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 Stem and local(City and County)laws and ordinances hereto applicable,
it shall be the Grantee's sole and absolute responsibility to continually fzmlierize itself with
any and all such applicable Federal, State, County, and City regutetions, laws, andror
ordinances,
Section 8. AssignmentfSubcontract 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, shat(
be at the City's sole discretion and judgement.
Section 9. Term: This Agroemont shall commence retroactively on July 1.2020 and shall terminate
al such time as Nile City determines that Grantee has provided sufficient ck�r'nentatton to
establish com�'tme with all requirements for use of the Ponds following dllsbursernent of
Furicls to tho Grantee(the Term).
Simon 10. Termination of Agreement:
10-1 Termination for Convenience:This kneernent may be terminated by the City,for
convenience and without cause, through the City Manager, upon 30 days prior written
notice to Granted, In the event of such termination for convenience, the Olty shall retain
any Funds which were riot cfitburaed to Grantee before the effective date of termination.
Grantee shell be solely responsible for immediately returning any unused or unapproved
Funds as of the late 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) ruing days following the effective date of termination. Upon timely receipt
of Grantees final report,the City,et 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 inoomptate Program items, and shall provide Grantee
with mitten nottee of any monies clue, Said additional monies shall be due and payahto
immediately upon receipt of such n 7tice 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 whoie or in part with
said Funds.
10.2 Termination for Cam_Notviithstanding Subsection 10.1 above,the City may alvo
terminate this Agement for cause. "Cause" shall include, but not he limited to, the
following:
a. Failure to amply and/or perform,in acxoardancewith the terms of this Agreement, or
any Fedora!, State,County or City law, or roc3ulation.
b. Submitting reports to the City which are late, inOcrrec t,or incomplete in any material
respect.
c. Implantation of this Agreement, for arty reason, is rendered impossible or
infeasiible.
d, Failure toy respcnd in writing to any concerns raid by the City. tneledirtg
substantiating documents when required/requested by the City,
e. Any evidence of fraud, mismanagement, andfor waste, as determined by the City's
monitoring and applicable HUD rules and regulations.
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Tho City shall notify the Grantee in writing when the Grantee has been pieced in
default. Such notification shall incudo: (Orations taken by ear to be taken by the City,such
as withholding of payments;(II)ectiom to be taken by the Grantee as a condition precedent
to curing the default,if applicable;and(ill)a reasonable cure period.which shall be no less
than thirty(30)days from notification date vtith respect to Subsections 10.2(a).(b).and(d).
In the event the Grantee fails to core a default under Subsections 102(e). (b). and (d)
within the aforestated cure period, this Agreement shall be considered terminated for
cause.without requiring further notice to Grantee.
NotwlthStandIran the foregoing, with respect to $ub eetiion 10.2 (c) and (a), the
termination for Cause, as descr4 ed in this section. shalt be effective upon receipt of the
termination notice,without the opportunity to cure said default_
Additionally. if Grantee has committed similar defaults under Subsections 102(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 alt or any portion of
the Funds disbursed to Grantee,as 00Ornod requisod by trio City,in its solo and reasonable
discretion. Said monies shall be immediately due anti payable by Grantee
Notwithstanding the procediing, the City reser resenpas 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: to the event of curtailment of. Of regulatory
constraints placed on the Funds by MUD.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 ate not allowable unless expressly
authtori:ed in writing by the City M ria (whether in the notice of termination or
Stet:kquent thereto). and, in that Case, may only be allowable if, in the sole diwetion of
the City Manager:
a The costs resulted from obligations which were properly incurred before the
effective date of terrtinatle41, were not in anticipation of it, and are noncancelable;
and
b. The costs would be allowaOle if the Agreement expired normally at tho end of its
Term.
10.4 Interest and Collection Costs- Any payment made by Grantee after seven(7)days
from thr due date shall accrue inter st at the rate of twelve percent (12%) per annum
(`Default interest"). in addition to the t)efault Intent, Grantee shall pay the City alt costs
and reasonable attorney's ffo incurred by the City in connection with the enforcement of
this Agreement_
Section 11. Equal Employment Opportunities/No Otscriminatkon: to compliance with 2 CFR 200,
Appendix II. Except as othetwbe 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 oppoilc.nity clause provided under 41 CFR 60-1.4(b).in accordance with
Executive Order 11246. -Equal Employment Opportunity' (30 FR 12319, 42935. 3 CFR
Part, 1964.1965 Comp.. p. 33g), as amended by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and Implementing
regulations at 41 CFR Part 60, -mice of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
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Unless otherwise required by apprtcable laws, in oonnoction with performance of the
,Services, the 'Grantee shah 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 Miarni Beach''iluiMan Rights On:ManCO,
codified in Chapter 62 of the City Code,alit may ho amended from time to time,prohibiting
disertnination in the employment, housing, public accommodations.or public serves,on
the basis of actual or perceived race. oa.'.:r, national origin, religion, sex, inte*sexuelity,
sexual orientation,gender identity,familial and metal status,age,ancestry,height,weight,
domestic partner status, leper organization reembershep, familial situation. political
affiliation~,or disability.
SeCtiort 12. Program Income: The use of program income by the Grantee shall comply with
requirements bet forth at 24 CFR 570.504. By way of further limitations,the Grantee may
use such incor'ne during the contract period for activities permitted under this contract,
Section 13. Religious Organization or Owned Property:(Intsntionalty Omitted)
Section 14, Reversion ofjAssets:In the event of a termination of this Agreement.or upon expiration
of the Agreement, and in addition to any and all ether remedies available to the City
(whether rarmdOr this Agreement, or at taw or in equity), the Grantee shalt lrnmejdiatey
transfer to the City any Funds on hand at the shite of termination(or expiration)and any
accounts receivable=ttlibutable to the use of CDI3G-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
Grantees obligation) to recoup all or any portion of the Funds, as the City may deem
necessary.
Additionally, in the event that Grantee faits 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
end payable immediately,upon demand.
Section 15. Conformity to HUD regulations:The Grantee agrees to abide by guidelines set fort'() by
HUD for the jadministration and implementations of the CDBG-CV1 Program, including
applicable Uniform Administrative Requirements set forth in 24 CFR 5/0.502.its amended
by 2 CFR 200 and applicable Federal,taws and rdvfotIonc5 In 24 CFR 570600,of seq. as
;IOW in effect and as may be amended from time to time. to this regard, the Grantee agrees
that duly authorized representatives of HUD shall have access too any books,cb0OUrnentS,
papers and records of the Grantee that are directly pertinent to this Agreement for the
purpose of making:was,examinations, excerpts and transcriptions
a. Subpart A-"Acronyms and fiefinilii ri'
b. Subpart 8-General Provisions
G. Subpart d •-Pre-Federal Award Reeasoirements and CeunI,ira of Fodea•ol Awards'
• d, Subpart D - '+Post-Federal Award Requirements", except for 200.305, 200.308,
2011.307. 200..308,200.311 as detailed bei w:
1) "Payment' is modified for lump Palm drawdown for financing of t oparty
rehabilitationact tion,in ec:cOr(fanC0 with 570.573
2) `Program income`Is governed by 570.504
•
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3) "Reel Property"does not:apply,excret 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 rot lned after compensating the recipient,
5) Section 200,3333-Retention requttremente for records applies except that
For Grantees:
i. 'Ttie retentioo period for individual CD -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 submissien of the
annual performance and enrVuiation report, as prescribed in§ 91.520 of
this title,in which the specific activity is reported on for the final tante;
ii. Records for individual activities subject to the reversion of assets
provisions at§570.503(5)(7) or ceiange 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 inti" dotal 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 well close-out the Federal award when it determines that all applicable administrative
actions and ail required work of the Federal award have been completed byte 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 azler the end date of
the Term, all financial, accomplishment, performance, and other reports as
required by the teems and conditions of this Agreement. City may approve
extensions when requested by the Grantee.
b. ting 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.
r.. City must make pnornpt payments to the Grantee fir allowable reimbursable
costs under this Agreement pry to being closeout.
d. Grantee must promptly refund any belances of unobligeted cash that City paid
in advance or paid and that are not authorized to be retained by the Grantee for
rein in other projects.See OMB Circular A-129 and see§200.345 Collection of
amounts due, for requirements regarding unretumed amounts that become
delinquent debts.
o. Consistent with the tfrrrnr and condltlorts of trio Agreement.City must make a
settlement for any upward or downward adjustments to the Federal share of
costs after closeout reports are received.
t 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 end 200.329
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.
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Section IL Examination of Records:The Grarteo shall maintain suffk lent records in accordance
with 2d CER 570.502 57O_5O3{b}(2)and 570505 to determine compliance with the
requfrernents of this Agreement.the.CMG-CV Program,and all other applicable laws
and regulatio s_This dccxmterttation shall include,but not be limited to. the following:
a_ E3ook ,records end dots rnents in accordance with generally annealed accountng
prirecipEes, procedures and practices, which vatricierttly 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 tcatho extent of suiCh detail as will properly reflect:ill not costs,direct
and indirect labor, materials. equipment, supplies and services, and other costs
and expenses of whatever nature for which rehnbursement iS cilairaed,under the
provisions of this Agreement:
{ h. Time bncxats for employees re'ated to the Employee Retention Requirement,and
C. How the Statutory National Obiective(s)aS dofined in 24 CFR 570,20e aria the
s Ciigigality
requirement(s)under which funding has been received, have been mgt.
These also include special requireo><e'ats such as necessary and appropriate
detcrrnicatiors as defined in 24 CFR 570.203, income certi!'rcatinns, and written
Agreements with Grantees,ire applkable.
Tho Grantee is revponsiblo for maintaining Zinc' Storing elf rocordS pertinent to this
Agreement in an orderly fashion in a readily accessible; permanent and secured
rotation liar a period of �Sve (5) years atee c oration of this reemcnt. with the
following exception:if any frigetion,claim or audit is started before the expiration date
of the fid(S) year period, the records wilt he maintained until all litigation, claims or
audit finditgs involving these records aro resolved.The City;:hall be informed in writing
after closeout of tin Agreement,of the address were the records are to be kept.
Section 18. Audits and Inspections:
18,1 Al any time during normal business!leers,and os of ton as the City( ,nditu
its representatives)may deem necessary,the Grantee s3hali 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 c osod-out[mor to the reecipt of an audit report,trio City re xwves
the right to recover arty disallowed Gouts icktrilitied in an audit after such closeout.
182 Inspector General Audit Rights-
a Pursuant to Section 2-256 of lho Cede of the City of Miami Beach, the City has
established trio C?ffico of the Inspector Gcrxira: 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
distind from any other audit performed by or on behalf of the City.
b. The Office of the Inspector General o authorized to investigate City affairs and
emposl vered to review test, present and proposed City programs, accounts.
records, contracts and transactior>,s. to addition, the tnspector General has the
power to subpoena witnesses, administer oaths. require the production of
tivitnb_„e:and monitor City projects and programs. Monitoring of an oxisting City
pre o t or program may include a report oorcoerning whether the project i�on time,
within and in conformance with the contract documents and applicable law.
The inspector General shall have the power to audit,investigate.monitor,oversee,
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inspect and review operations. activities, performance and procurement proces
including but not limited to project design, bid specifications, (bkirproposal)
submittals,activities of the Grantee,its officers.agents and employees,lobbyists.
City staff and elected Offitiap•,SI to ensure compliance with the contract documents
and to detect fraud and corruption_ PUYStUant to Section 2-378 of the City Code,
the City Is allocarino a percentage of its overall annual contract expenditures to
fund the activities and operations of the Office of(=pee-tor General.
c. Upon ten (1,0) days written notice to the Grantee, the Grantee shalt 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 specfftwtions, (bid/proposal) submittalls,
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 cerniption_
d. The inspector General shall have the right to inspect and copy all documents and
retards In the Gramee's pessmion. custody or Control which in the Inspector
General's sole judgment pertain to performance of the contract,including, but not
limited to=tins!astirrratC Ries,change Oita-estimate files,worksheets,proposals
and agracmems from and with successful subcontractrrs and suppliers,ail projec-
related correspondence, memoranda, instructions, financial documents.
construction documents, (bidfpreposal) and c:ontreet decurnents, back-change
documents, all documents and MOMS Wilier! 'thimble cash, trade or vo4ume
discounts, insurance proceeds. rebates, or dividends received, payroll and
Personnel records and supporting documentation for the aforesaid documents and
recoids.
e. The Grantee shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid prebaration) and
performanoo of this Agreerriont for oxen-IF/Ration, audit.or reproduction,until Woe
(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, it this Agreement is corriPletely Or partially terminated, tho 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 INS-
Agreement until such appeals, litigation.or claims are finally resolved.
f. The provisions in this section shall apply to tne Grantee, its officers, agents,
empioyees. Subcontractors and suppliers. The Grantee shall incorporate the
Provisions in tnif.,section in all subcontracts and all Other agieemente executed by
the Grantee in connection with the performance of this Agreement,
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g. Nothing in this rection shall impair;any independent right to the City to conduct
audits or investigative activities. The provision of this section are neither intended
nor shalt they be construed to impose any liability on the City by the Grantee or
third parties.
Section 1$. tr+demnificattora!Requirements;The Grantee sha11 indomnify and hold harmless the City.
Its officers,employees and agc ts,from Gray=Jail Claim,liability,towel and causes pf
action which may arise out of an act,omission,negligence or misconduct on the part of the
Grarrt ,or any of as agents,officers,servants,employees,contractors,patrons.guests.
clients. licerev, invite, or any persons acing under the direction, control, 01
supervision of Grantee,pursuant to this Agreement and/or the Program. The Grantee itl
pay call claim and Io::sys of any nature whatsoever in CdnnCCtipn therewith and :halt
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 thx;
termination andke 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 cortneetion with Community
Development Bieck Grant-Coronav us (CDBG-OV) funded activities has any personal
financial intdrests,direct or Indirect,in this Agreement.The Grantee covenants that in the
pe+fornnarsce of This Agreement, rio person having such conflicting intorOst shall be
employed. Tho Grantee covenants that it will comply with;lll provisions of 24 CFR 570.011
"Conflict of Interest% and t State. County and City of Miami Beat statutes, regulations.
ordinances or r alution5 governing conflicts of interest The Grantee std disclose. in
writing,to the City any possible confii►ctirxJ interest or apparent impropriety that Ls covered
by the above provisions. This diSCthsure shall occur immediately upon knowledge of such
possible Contilet 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 principlosof conflict,
of lave. The exclusive venue for any litrgation ofising out of this Aciroemcnt shall be
Miami-Dade County,rRerida, if in State court and the U.S. District Court,Southern District
of Floroda, if in Federal court BY ENTERING INTO THIS AGREEMENT, C!TY AND
GRANTEE EXPRESSLY WAIVE ANY RIGHTS EM-4ER PARTY MAY HAVE TO A TRIAL
BY JURY of ANY CIVIL LITIGATION RELATED TO. OR ARtSING OUT OF, TRS
AGREE- POEM.
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
17C0 Convention Center Drive
t tsahhi Sea h,Ft.33139
With copy to: City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
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Grantee: tyr'nari Veba.
Beach Hair Satoh tnc
533 Jefferson Arae
Miami preach.Ptc rida,33139
In the event that the Grantee changes the above-net:teased business officer during the
term of the Agreement,such change must be notified in writing to the City within 15 days
rnf such change.
Section 23_ Limitation of Liability:The City desires to enter into this Agreement only if in so doing the .
City can piece a limit on City's l ability for any cause of action far money damages due to
an alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the surto of$5,000, Grantee hereby expresses its willingness to enter into
tt Agreement with Grantee's recovery from tho City for any damage action for breach of
contact to be limited to a maximum amount of$5,090.
Accordingly.Grantee hereby agrees that the City shbli not be liable to Grantee for damages
in an amount in excess of$5,000,for any awn or claim for breath of contract arising out
Of the performanco or ai,rrporformance of any obligations imposed capon tho 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 Cliy's liability as set forth in
Florida Statutes,Section 768.28:
Section 24. Florida public Records Law:
a. Grantee shell comply with Florida Public Records law under Custer 119, Florida
Statutes.as may be amended from tiene to tame_
b The term'public records' shall have the moaning set forth in Section 119.011(12),
which moans ail documents, papers.letters.maps. books,tapes, photographs,films.
sound recordings, data pressing software, or other material, regardless of the
physical form,chareCteristies.or means of tram mission.made or received pursuant to
law or ordinance or in connection with the tray action of official businessof the City.
c, Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the
definition of 'Cor tra;.tort as defined in Section 119.0701(1 Xa),the Graarttee shalt:
1) Keep and maintain public records required by the City to perfOTrn the service;
2) Upon request from the City's c stodran of public records, provide the City with y
copy of the requested records yr allow the records to be inspected or copied a:Rhin
a reasonable time at a cost that does not exceed the cost provided in Chapter er 119,
Florida Statutes or as otherwise provided by law;
3) Ensure that public rutxuds that are oxornipt ci::corefidunti l and exempt fromputtic
records disclosure requirements are not disclosed, except as authorized by taw,
for the duration of the contract term and following completion et;he Agreement if
the Grantee does not transfer the records to the City;
4) Upon cornVetron of tho Agreement, transfer, at no cost to the City, all public
records in pose ion of the Grantee or ked and maintain public records required
by the City to perform the service. Ifthe Grantee transferors ail public records to the
City upon completion of the Agreement, the Grantee shag destroy any duplicate
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DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657
public records that are exempt or confidential and exempt: from public records
dlzcle ure roquiren ores. If the Grantee keeps and maintains public records upon
completion of the Agreement,the Grantee shall meet all applicable requirements
for ret=iring public records. Alt records stoned electronicaltyr must be provided to
the City.upon request from the City's custocrian of public records,in a format that
its cotnpauble with the information tochnotogy systems. of the City,
d. Request rcr Records;Noncompliance
{ 1) A request to inspect or copy public records rotating; to the City's contract for
Services must be made directly to the City. tf the City does not possess the
rege4 records, the City shall Immediately notify the Gra'neo of the roquost.
and the Grantee must provide the records to the City or allow the records to be
inspcd or copied within a reasonable time_
2) Grantee's failure to comply with the Clefs request for records shall constitute 3
bre h of this Agreement.cine the City, at its solo dls+notion. may: (i)unilaterally
terminate the Agreement; (n) avail itself of the remedies set forth under the
Agreemeet and/or(iii)avai:itself of any avai ale remedies at.taw or in ec uitY-
3) A Grantee whp fails to provide the public records to the City within a reasonable
time May bo subject to per)aitieS under s, 119 10,
e- Ciel Action
1) if a civ?action is filed against a Grantee to rorrnpei txoduclioc of public records
relatirx)to trio City's contract fee services.the court shuts assess and award against
the Grantee the reasonable costs of enforcement, including reasonable attorneys'
fees.if_
�. 'E he curt deterrninee that tate Grantee unlawfully refused to comply wtltn the
public records request within a reasonp:hlo limo:arxt
II At toast 8 business days before tiling the action, the plaintiff provided written
Aid
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 complios with subparagraph(1)(ii) if it is sent to lila City's cum oxtiae of
public records and to the Grantee at the Grantee's address listed on its contract
with the City or to the Grantee's roistered agent Such notices must be sent by
common carrier delivery service or by registered,Global Express Guaranteed,,or
eel-tiled rrh.91, withpostage or shipping paid by the sender and vhth evidence of
delivery.which may bo in an electronic format.
a) AGrantee:who complies with a public records request within a txssshess days after
the notice is sent is not liable for the reasonable costs of enforcement.
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:
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DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657
CITY OF MIAMI BEACH
ATTENTION; RAFAEL E.GRAHAM 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.
.mcecutors,administrators,successors and assigns.
(SIGNATURES TO FOLLOW)
Lfsv : VI
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IN WITNESS WHEREOF.tne orties hereto have caused this Agreement to Oa'0u:teeter:I by their
duly aurtheri7ed(fficials on the day and date first above indicated.
BEACH HAIR SALON INC.
a FlorIda for:profit corporation
AlTEST:
411-1
Secretary' S .'eure
Lymar . Veloz r
I
Print Name MIA Name and Title
ti 77_4: ,
Date
CITY OF MIAMI BEACH.FLORIDA.
a Florida munjcipatcorporalkin
All'EST;
EDocuSigned by:
ritrea arautle
24A05013ADDC4B5...
Signature Signature
Rpkvi E,Gqinzitc.city Pk..rk Dan Gelbor,Mayor
Pint Name Print Name
10/27/2020 I 4:36 PM EDT
Date
(,)W,& IA( I!A(;Er
,17.014
1_ 1IiIt-t
err
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DocuSign Envelope ID:4BEA8C05-A209-41 E2-8D0B-D2AAC3EB0657
EXHlEi31T"A"
"SCOPE OF SERVICES"
Statement of Work:MIIanml Beach Small Business COV1D-19 Relief Program
let compliance with 24 CFR 570.503(13X1),Grantee agrz esia pirovide tree foliowl_n
Grantee Name: BEACH HAIR SAI ON INC 41
Federal Award
Identification:
DUNS Number. I 05-55 a?cf7
Pectoral Award: FY 2020 CDBG-CCV Funds
Sulaward Period of -_—. _ - t
c' f Performance: Retroacthee to A igu t 1,2420-September 30,2021
Budget: 510.000.00 _
Total Amount of
Federal Funds 810,000.00
. ----
4413tad: 1
�F-ederal .Awa�ittg ___..�....__ ...a_� .- _.-.,. .,e_.... ...�__._ ...
n U.S.Department of Housing and Urban Development(HUD)
Pass-through Entity: City of Miiarrii Beate-Deperueore of EQ1311Ornic Devolo,,meynt
Reports Due: Prior to the 10 'of every month starting eke month atter contract execxution:
• Progress
• Accomeekishments
__ ▪ Financial
Umite_d ailor+tole:- At least ono o rdp&oyr000 must quality as tow to model to-income clientele
ay.proven by tree lncorroe qua4ricatiaons.
Se vice Location: , Ke
•Program: M mi Beach Small Business.CO D-1g Relief Program activities.Including'
__ �_empl[syment of onenlioveincorne a�Gierni E t aen r mp loll .__. .
DeGverables: I v auartcrty reporting s._... _g.m� .��_ .__. _.M _.�
I•
Berks. T • Employmentne and or retention of a+least o (1)qualeied employe,
The Grantee is a Miami Beach-tom small business of no more than rive(5)employees.
t1artert}r DWerirreeener. t. Grantee may request reimbursement Of-qualified business expenses-,
as defined herein,in an amount of up to the Grant Amount of$10,000. by submitting detailed expense
records and the required documentation listed in 1oxhfbtt B . Grantee may submit multiple receipts for
reimbursements,.up to the Grant Amount. As referrerd to herein."qualified business expenses"shall mean
any operational costs Stich a$ payroll. utilities, rents, or mortgage interest (for business amounts in
existrnoo as el at least February 1, 2020), etc. andtor COVID-79 related expenditures. Only Those
expenses which have occurred after Grantee was selected in the lottery are eligible for reimbursement ent.The
City will issue payment to Grantee within thirty (30)days from the date the City receives the required •
documentation to verify that Eike expenses requested are elm for reimbursement under the Program.
Employee Status anti 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 queleied 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 fee a quelled
employee and submit the required employee documentation. The 12-month Compliance Period begins
only upon the City's verification of employment of tie qualified employee. A cttralified employee, as
referenced herein shall mean a fulltirne employee who rides in A,tlemt Beath and whose household cams
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DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657 ,
at or under 80%AMI. A qualified emPieyee ie cons4ened 3 fult•timv eenptoyco if ietairrod at 40 hours per
week,or any combination of part-time positions combining for 40 hours pe*week The employee must be
a Ir.S-citizen or legal resident,and the employee Must also reside in the City of Miami Beach.
Liwi income EmpIoycv.HUD's income limits are based on Median Family Income estimates and Fair Mevket
Rent area de"aEnitiorts for the btieralOde County metropo1ican area.Low Income Is defined as earning 80%
of the median family incx5a for t'Ai
enami-Dada County. T he 2020 income limits aoplir able for the h usehold
of the employee of the applicant business are:
Hensal%*4 1-Pelson 2-Peraon 1-i+ersan . a-Penson 15-P 6.Person 7-Person I &Pe ti
9i?.o
Ihro-Aa S51,20r� $58.54Q $65.;$OO $73,900 13+'8.950 .800 590.650 $96500
Vili,c AMIt
At the conclusion of the 12-month Qualification Period,the business must verify tompiaice by submitting
payroll documentation, If Grantee is unable to prove compliance, then Grantee shalt repay the Funds to
the City, Irerneeiateey. upon rCCCiving a demand for payment. Grantee vial not be required to repay thea
Funds to the City, if the Grant, throttgtt t the Carnpfia.nce Peroci retains or creates one (1)full-time
employee that resides in a ton-income City of Miami Beach hoischcici.
04Pik tion of Benefits.To comply w'ach HUD regulations,the City shall require the Grantee to campfotc a
Ruteit^iti0n Of 6,enefitS form. a copy of which is incorporated herein by reference and attoaied hereto as
Exhibit A-I,as a method of assessing whether the use of CDBCrCV funds will duplicate financial assistance
that is already received or is likely to be received for COVtD-19 related tosses. By ac ting these C:DBG-
CV Funds.Grantee agrees to repay any portion of the Funds determined by the City to be duplicative Funds.
Applleeete Rohn aed Regulations:
1. Environment Review:
In Comnplianrss web 24 GFR 570 604 ommrer is Standards,the City i5•responsible for undertaking
Environmental RavisetS in accordance with the requirements imposed on'recipients"in 24 CFR 58.
The Program is an Ecvriornic: development activity, and therefore, it falls under Cato anally
Excluded Activity not sikiiect to 24 CFR 58.5. Pursuant to 24 CFR 58.35(b)(4) that states that the
Program is a t ategorscaity excluded activity that'opted not alter any conditions that would require a
review or compliance determination under the Federal taws and authorities cited in§58.5.
2. Gonptiance with NtttiQrrtl Objecthr(r
At least 51%of the City's Program Granters must be low-to moderate-incx me individuals.therefore,
each Grantee is responsibie for errployi�rtg andhx retaining at least one (1) ioAsr:irlppnte c;'val ed
employee during the Qi�afftication Period.
income VV/ificari4a'e
Grantee wilt fellow the guidelines provided by 24 CFR Part 5.609,Annual Income to ensure eligibility
of Program participants;maintain evidence that activities assisted with COI -CV funds comply with
the primary National Objective, 'Benoit to Low- and Moderate- income Persons' and provide
services or activities tliat benefit at least 51% tow- and moderate-income persons A low- or
moderate-MOW()typusonold is defined as:a liOuSehold having an income equal to or toss than the
limits cited below based on the tins eve
The City recommend., using the C)P Income Eligibility Calculator provided at
httpelhcww.budexchange.infp!-incomecalwtater/ to determine Household eligihlity_ This form
oentains oil the required cern 4acions and%yarning;. It should be noted that the City does not allow
the use of a self-certification approach to income documentabon.
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Low-Income lious&hold Limits
HUD Low,Incomo(80%of Median Income)for FY2020
i-Hoeschew
Eitzsce 2-Person 3-Person 4- so n $-Piarson G-Pqrsan 7-Pso-szon A•Perzon
we.= 5:31.200 $65.200 .100 51e.9.51) sacsoo sso:o5o $2 .5no
air& .0.•1
3. Evaluation
In its continuing effoet to ensure contract compliance and performance,the C..ty wI evacuate the
Grantee in its fulfillment of the ter. ms of this Agreement Encuding, bkit not limited to, the fonowirtg
rilear.Sure$1
• Agreement corriptiance
• Accuracy and timeliness of Quarterty Rep ort
• Adherence to Program timelines and Technical Assistance and Grantee instmotioos
• Fulfillment of prescribed outcomes
4. Monitoring&Performance Reviews
In compliance with 2 CFR 200.331(d)and (e),the City reserves Ule right to inspect,monitor and/Or
audff the Grantee,at least once a year,to ensure contractual compliance.Cily will notify Grantee a
minimum of three(3)business days prior to a monitoring visit.
DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657
EXHIBIT
Documentation" (
The rentree agrees to provide the following dourrnents as part of its reporting requirements*
To document Envloye Retention Requirement:
• Income Verification furns must include:
• Name
• Date of bir1.1)
• Employee's ifiAlami Beach address
• Demographile information as required in the CDBG-CV Income Verif=tion Form
• Verify information on family size and income so that it is evident that the hi:A=11010's family
COMe does not exceed the low and moderate income lmiL
• Annual income is the gross amount of income anticipated by alt adults in 2 family during
the 12 months following the effective data of the determination.
To oalcUlato annual inc,Ome, One Grantee may choose among defiritions of income,
listed below:howevor,thc some income definition must be osod for all GrantcoS,
r) Annual income as.defined under the Section 8 Housing Assistance Payments
Program(24 CFR 5.609);
c Adjusted gross income 25 defined for purposes of reporting under IRS Form
1040(lorig fo(m)for Federal individual income tax purposes.
• To doterfnine if program applicants are inc Grantoes have SOvocal option :
a) Patein evidence that the hotaehold/person assisted qualified wider another
pseigi—ern having income ClUalifiwtion criteria et least as restrictive as that used in
the definitions of LMJ household/person, such as public housing and welfare
progi rams:or
b) Obtain evidence that he assisted person is homeless,Or
c) Obtain a verifiable certificaton from the assisted person that his/her family
income does not exceed the applicable income limit according to the dermition
of income under 24 CFR 570,3:
o Fstirna;e the annual income of a family or houselleld by projecting the
prevailing rate of income of each person at the time asstance is on,ividort roc
the individual,family,or household(as applicable).Estimated annual income
shall include income from all farngy or household members,as applicable_
Obtain verifc.alion of employment for each household member over the
• age of 18 by obtaining one of the fOROWing,as appropriate:
a Proof of entitlement payment :andfOr
b. Three (3) most corresit PCiy-sttibs for tho e who are eMployed.
and/or
c.. Verification of Self-Employment Tax Deposits for those who are
self-employed.
2 Obtain vorifioaliOn of firiancialliSSetS for each household member over the
age of 18 obtaining,as apolicablo,Me following itlecomentS
a. The last 31)days of saving account statements:
b. The last 30 days of checking account StatemociM;and
c. The last 30 days of mutual funds accounts
3 In the event that a household member over the age of 18 does ROI have
employment or financial ossets, hoishe must coropitoto and notarize tho
proper affidavits arid Submit with the application package.
• Any adaortal dOCUrnentS as requested by the City
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DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657
To document expenses incurred:
Supporting documents to be submitted with the QuarledyPecort are as fo3lows:
• Salary'related expenses:
• Eiecdrenic payroll ledgers with corresponding bark transactions(statement)
• Compelled chocks
• Form 941 -Employers Quarterly Federal Tax Return
• Unemployment payment
• My additional documents as requested by the City
▪ Fringe Benefits related expenses:
• Bank statements
• Wor3cer's Compensation iri Oice.policy and cancc lo+d chock
• My additional documents as requested by the City
•
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DocuSign Envelope ID:4BEA8C05-A209-41E2-8D0B-D2AAC3EB0657
EXHIBIT"G"
"QuartorReport Forms"
•
•
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