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Grant Agreement with UNIDAD of Miami Beach, Inc. (2) DocuSign Envelope ID BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 GRANTS AND INTERGOVERNMENTAL DATE: March 16, 2022 TO: Alina T. Hudak, C.ty2M n er FROM: Judy Hoanshelt Citywide Agreement vithUnidad for SUBJECT: FY 2022-23 Routing �n�� cy�arl hy. Marcia Monserrat Marcia hot.sc.vrraf CF738,56C56D948D For: X City Manager's Signature Other Signature Comments: Agreement with Unidad pursuant to Resolution 2018-30654. Agreement is in the amount of $230,000. Return to: Judy X26183 Date Needed: 2018 - 3 oo5'f DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 M AMI BEACH CITY OF MIAMI BEACH FISCAL YEAR 2022-2023 GRANT AGREEMENT MAR 1 7 2022 PROJECT NO.: 2022-CMB-12 This GRANT AGREEMENT is made and entered into this day of 2022 by and between the City of Miami Beach, Florida(hereinafter the"City"), and UNIDAD of Miami Beach, Inc., a Florida nonprofit corporation (hereinafter the "Grantee"). This Agreement is effective March 1, 2022, the "Effective Date." ARTICLE I /GRANT DESCRIPTION GRANTEE: UNIDAD of Miami Beach, Inc. GRANTEE CONTRACT ADMINISTRATOR: Victor M. Diaz, President ADDRESS: 7251 Collins Ave CITY, STATE, ZIP: Miami Beach, FL. 33141 PHONE, E-MAIL: 305-867-0051;victor@diazpartners.com GRANT AMOUNT: $230,000 PROJECT DESCRIPTION: See attached Exhibit 1 GRANT PROJECT BUDGET: See attached Exhibit 2 GRANT TERM: March 1, 2022- February 28, 2023 EXPENDITURE DEADLINE: February 28, 2023 PROJECT COMPLETION DATE: February 28, 2023 FINAL REPORT DEADLINE: March 15, 2023 FINAL REIMBURSEMENT REQUEST March 15, 2023 DEADLINE: TERM: This Agreement shall have an initial term, commencing March 1, 2022 and expiring on February 28, 2023 and, subject to funding approval (as described in section 5), will automatically renew for additional one-year terms (from March 1 to the last day of February), for one (1) additional one-year renewal term, through 2- 28-2024. The initial term and the renewal term shall be collectively referred to herein as a "Term". DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: tedC By: Rafael . Granado, City Clerk Alina T. Hudak, City Manager Date ..... ;, , MAR 1 7 2013 DRATED� FOR GRANTEE: UNIDAD of Miami Beach, Inc. ATTEST: By: 4 A orized Signature Authorize Signature -401�+010) e51-yod(1 14`T/A W. OM TA. Print Name and Title Print Name and Title 3 j I to 120 Z1 Date �.`�avgi% Fabiola Estrada ' •Vt. Comm.#HH04?750 �' . Expires:Sept 29,2024 �'TAW�`Bonded Thru Aaron Notary APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 2 c` p3JISfu" City Attorney Dote DocuSign Envelope ID: BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 ARTICLE II /GENERAL CONDITIONS 1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Florida. The City has delegated the responsibility of administering this Grant to the City Manager or the City Manager's authorized designee (the "Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit 1.Any modification to Exhibit 1, Project Description, shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for activities, services, and/or goods to be provided within the City of Miami Beach. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement and shall be spent in accordance with the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2, Project Budget, shall not be effective unless approved by a written amendment to the agreement signed by the City Manager and Grantee. Notwithstanding the foregoing, no modification to the project budget shall exceed the Grant Amount set forth in Article I of this Agreement. Any request by Grantee to modify Exhibit 2, Project Budget, shall be made in writing, using City approved forms, detailing and justifying the need for such changes. 4. REPORTS: This Grant has been awarded with the understanding that the activities, services, and/or goods, contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents. As a condition of disbursements of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit monthly reports to the Contract Administrator by the 10'h of each month. New grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements.Any reports are public records under the Florida law, and may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports must be submitted on Exhibit 3,the Grant Quarterly Status Report Form, detailing Grantee's compliance at the time of a partial reimbursement request. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements set forth in this Agreement. This report must be received by the City within 15 days of the Project's completion date. New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. Notwithstanding the preceding, and as a condition of disbursement of the Grant funds, the City Manager or his designee may require Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request, as more particularly described in this Agreement. Page 3 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 In awarding a Grant during the Term,the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount approved during the Budgetary Process, pursuant to a funding request, as more particularly described in Section 5. Cost overruns are the sole responsibility of the Grantee. Approved Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the funding for the Grant award through the Budgetary Process. For the initial term and any annual renewal term thereafter, Grantee shall receive an initial draw, in the amount of$40,000("Initial Draw") on or before March 151. The intent of the Initial Draw is for Grantee to have a $40,000 operating balance to minimize the cost incurred by the Grantee in connection with the Project. Any unused portion of the Initial Draw shall be paid in full to the City upon expiration of the Term or earlier termination of the Agreement. Backup documentation for the Initial Draw is required. No guarantee of future funding/Funding during the Term: pursuant to Resolution No. 2018- 30654, the Administration will place a recurring line item in the budget, through fiscal year 2023- 2024, for the funding needs of the Project during the Term. No later than February 151 of each fiscal year (for the following fiscal year), Grantee agrees to provide the Administration with a funding request for the Project, which will include a line item budget for the requested amount of Grant funds (which may include gap/matching funds for funds received by Grantee from other agencies such as the Alliance for Aging or Senior Services of America) (the "Funding Request"). Upon receipt of the Funding Request, the Administration will place the requested grant amount in the budget for consideration and approval by the City Commission during the budgetary process for the applicable fiscal year (collectively, the Budgetary Process"). This Budgetary Process will continue through fiscal year 2023-2024 unless the City Commission decides, during its budgetary process, not to continue funding the Project. Each approved Funding Request and corresponding renewal term will be memorialized, in writing, in the form of an amendment to the Agreement, executed by both parties or execution of a new agreement. The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the consideration for approval through budget year 2023-2024 or the last Funding Request/contract term approved pursuant to the budgetary process, whichever occurs first. 5. REIMBURSEMENT REQUESTS: Reimbursement requests must only be made after expenditures have occurred. All reimbursement requests must be submitted on the form in Exhibit 4, Grant Reimbursement Request Form. All reimbursement requests must be submitted prior to March 15', 2023. Grantee shall provide the City with copies of all receipts, invoices, cancelled checks (with copies of both front of back)and proof of expenditures of Grant monies. Grantee shall provide the City with, and shall categorize all, receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in the grant budget. Invoices and checks must be directly related to expenses for Grant-funded activities taking place within the 2022-2023 Grant Year. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to availability of city funds and other restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the grant award, and once all parties have executed this Agreement. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used for the following expenditures: remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable or political contributions; or events not open to the public. Page 4 DocuSign Envelope ID: BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 8. NO GUARANTEE OF FUNDING:The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the Term specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's designee may monitor and conduct evaluations of the Project under this Grant, which may include, with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel;and/or requests for submittal of additional documentation or written reports (prior to the Project completion date)evidencing Grantee's progress on the Project. 10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant funds. 11.ACCOUNTING AND FINANCIAL REVIEW: Funded activities under this Grant must take place during the time(March 1, 2022- February 28, 2023)for which the Grant is approved. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with generally accepted accounting principles and standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant (including, without limitation, vouchers, bills, invoices, receipts and canceled checks), shall be dated within the fiscal year for which the Grant is approved, and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee,for at least three(3)years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice (which may be verbal notice). Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not be claimed under any other Agreement from the City of Miami Beach, or from any other entity. Any claim for double payment by Grantee shall be deemed a breach of this Agreement. 12. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: "This Project is funded in whole or in part by a grant from the City of Miami Beach." Grantee's failure to comply with this paragraph shall be deemed a breach of this Agreement and may preclude future grant funding from the City. 13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful death, or loss of or damage to property, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys'fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and Page 5 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 14. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 15. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws including, but not limited to, Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 16. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five(5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned to the City within fifteen (15)days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request, in writing, from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1)year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the default provisions herein, the City Manager reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant, any unexpended Grant Funds shall be immediately returned to the City,except where the City Manager has agreed, in writing, to alternative use of the unexpended Grant Funds. 17. Force Majeure: A. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Grantee or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, Page 6 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. B. If the City or Grantee's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay, but in no case within fifteen (15)business days thereof, provide notice of(i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii)of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. C. No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. D. Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. E. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. If any condition of Force Majeure delays a party's performance for a time period greater than thirty (30) days, the party not delayed by such Force Majeure may terminate this Agreement, without further obligation, except with respect to provisions which are intended to survive the expiration or termination of the Agreement. F. Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. 18. INSURANCE REQUIREMENTS: A. Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section, as follows. All certificates of insurance Page 7 DocuSign Envelope ID: BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. ii. Commercial General Liability on a comprehensive basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury combined single limit of $1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. B. Additional Insured Status The City of Miami Beach, Florida must be named as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. C. Waiver of Subrogation Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH do HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligation under Section. 13, or under any other section of this Agreement. 19. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, Page 8 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the Contract Administrator. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. 21. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 22. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing and signed by both parties. Any change to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements is to be submitted to the City Contract Administrator listed below. Judy Hoanshelt Director, Grants & Intergovernmental Affairs City of Miami Beach City Manager's Office 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7010/305-673-7000 ext. 26183 Email: judyhoanshelt@miamibeachfl.gov ARTICLE III /MISCELLANEOUS PROVISIONS 24. The Grant awarded herein is the result of a finding by the City, based on representations, documents, materials and other information supplied by Grantee,that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 25. The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. Page 9 DocuSign Envelope ID. BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 26. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade-County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 27. 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: i. Keep and maintain public records required by the City to perform the service; ii. 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; iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Page 10 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. ii. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. iii. 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 i. 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: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 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. ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. iii. 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. 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(WIAMIBEACHFL.GOV PHONE: 305-673-7411 Page 11 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 28. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members, if all three of the following apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 million; and, 3) the grant award is for $25,000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. 29. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10)days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The 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 Page 12 DocuSign Envelope ID: BCD50186-3E5F-4805-B957-5E7C58B6EBC9 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 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. 30. E-VERIFY: A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Grantee shall expressly require that any approved sub-contractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. B. Termination Rights. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. ii. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 30(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the Agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate the Grantee's contract for cause. Page 13 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 iii. A contract terminated under the foregoing Subparagraphs (B)(i) or(B)(ii) is not in breach of contract and may not be considered as such. iv. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (B)(i)or (B)(ii) no later than 20 calendar days after the date on which the contract was terminated. v. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(i), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. vi. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 30. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 14 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED There are 24,776 people aged 55 and older in Miami Beach according to the last Census done in 2010. They represent 28.18% of the total population on Miami Beach. The over 7,000 targeted users of the North Beach Senior Center are low-to moderate-income persons. The programming of the North Beach Senior Center (the "center") benefits this concentration of ELI to LMl seniors maintaining the National and local Objectives of CDBG programs.The census data on the northern targeted area of Miami Beach indicates approximately 8,677 low/moderate-income persons resides in the related census tracts. The Grantee's experience, backed by Florida demographics, places the senior (55+) proportion of this population as at least over 80%. This yields a potential low/moderate income senior community of over 7,000 seniors in the North Beach community. But for the Center, these seniors would have to travel all the way to South Beach to participate in congregate meals or any senior programming PROGRAM DESCRIPTION The Center started offering congregate senior meals through the City of Miami Beach in April, 2018 and received support from the Alliance for Aging in January, 2019. The congregate meals program is one of the components of the Grantee's programs of the center. The Grantee has actively sought City and County financial support funding to commence such a program. When open,the congregate meal site operates Monday thru Friday targeting 120-180 meals daily to seniors. Since the onset of COVID-19, Grantee has shifted to a home delivery. As the pandemic wanes, Grantee is phasing back home delivery and rapidly increasing congregate meal attendance. Computer training -which was suspended during the pandemic is scheduled to resume in this grant year. Since March 23, 2020,due to the COVID-19 pandemic, Grantee has delivered over 75,000 home delivered meals to Miami Beach seniors. Grantee was delivering roughly 950-1000 meals per week. The Center has re-opened when allowed by the City and State. Congregate activities have resumed and senior participation is reaching pre-pandemic levels. Grantee continues to offer nutrition education and information and referral services through active telephone outreach. The center's phone lines ring constantly with isolated members of the Miami Beach community seeking critical life safety and health information LOCATION North Beach Senior Center, 7251 Collins Avenue, Miami Beach, FL 33141. Page 15 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 GRANT ACTIVITIES Activity Name Activity Description Description of Service Number of Recipients Service Recipients Senior Meals Hot Meals to Seniors Registered CMB Seniors 120+ per week Program over 60 (including other grant sources) Computer Training Train seniors on computer Registered CMB Seniors 5 per training use over 60 GOALS/OUTCOMES Outcome Measure Timeframe Reporting Deadline Senior Meal Nutrition, mental wellness 5 days a week Monthly Program (group interaction and activity), socialization (congregate meals). Increased nutrition of seniors. — Computer Training Basic Computer Literacy Monthly Quarterly STAFFING Position Title Description/Responsibilities to Grant Program Director of Operations Provides executive leadership to run and oversee the daily operations of the Congregate Meals Program. Total salary is approximately$50,000 a year. Meals Program Responsible for day-to-day operation of the Meals Program. Total salary is Coordinator approximately$32, 000 a year. Finance Staff Oversees A/P, bookkeeping, grant billing. Total salary is approximately $35,000 a year. Page 16 DocuSign Envelope ID:BCD50186-3E5F-48D5-6957-5E7C58B6EBC9 EXHIBIT 2 PROJECT BUDGET Budget Line Item Description Project Budget Staff Salary and Wages: The annual salary for the Program 24,750.00 Director of Operations Director is approximately$50.000 a year. This agreement funds approximately 50%. Salaries&Wages: Finance The annual salary for the Finance Staff 17,600.00 Staff is approximately$35,000 a year. This agreement funds approximately 50%. Salaries &Wages: Meals The annual salary for the Meals 16,000.00 Program Coordinator Program Coordinator is approximately $32,000 a year.This agreement funds approximately 50%. FICA-6.2% Employment Taxes 3,617.00 MICA- 1.45% Employment Taxes 846.08 SUTA-5.4% Employment Taxes _ 3,150.90 Workers Compensation 1.78% Required Federal &State Texas 1,038.63 Advertising/Promotions Audti/990 Audit and Annual Tax Form 990 5,000.00 Background Checks Background checks for staff& 200.00 volunteers at Senior Center Office Equipment Maintenance&Acquisition of office 3,000.00 equipment as needed (e.g. copier, computers, scanners, fax machines ) Financial Services CPA Services—monthly financial 21,000.00 reconciliation General Liability Insurance General Liability Insurance 5,593.00 Bonding Insurance D&O Insurance 2,800.00 Janitorial & Cleaning Supplies Janitorial &cleaning supplies 500.00 Licenses and Fees Business licenses, annual reporting 102.38 fees and city, county, and state fees Office Supplies General office supplies 3,200.00 Payroll Processing Fees charged for processing payroll 100.00 Program Supplies 0.00 Alarm Monitoring Alarm monitoring system for Senior 2,070.00 Center. Maintenance and repair work. Telephone & Internet Telephone& Internet 2,000.00 Printing and Supplies 0.00 Training - SCSEP Training for SCSEP Participants 500.00 Participants working at the Senior Center Nutritionist Services Menu Evaluation. Participant 5,652.27 Assessment, Nutritional Counseling & Training. Nutritionist rate is for approximately 4 hours per month. Hours may vary, depending on needs. Catering Equipment Catering equipment for the Meals 800.00 Program Page 17 DocuSign Envelope ID:BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 Food Cost Food Cost for the Meals Program 88,000.00 Grant Writer- Meals Program 0.00 Website Modification and Creation and Maintenance of Unidad 3,400.00 Tech Support website& IT Support for Senior Center Holiday and Special Event Supplies for Holiday and Special 6,500.00 events for the Meal Program PPE Purchase Personal Protective Equipment(PPE) 2,000.00 for staff, volunteers, and participants at the Senior Center Signage 10,579.04 Surplus Grant Funds to be TBD rolled over to Grant Year 3/1/2022-2/28/2023 Total: $230,000 Page 18 DocuSign Envelope ID.BCD50186-3E5F-48D5-B957-5E7C58B6EBC9 EXHIBIT 3 CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM CMB GRANT AGREEMENT NO.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: ❑ Oct. 1 - Dec. 31 ❑ Jan. 1 — Mar. 31 ❑ Apr. 1 —Jun. 30 ❑ Jul. 1 - Sept.30 Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15 GOALS/OUTCOMES: Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 19 DocuSign Envelope ID:BCD50186-3E5F-48D5-8957-5E7C58B6EBC9 EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM Part 1 of 2 CMB AGREEMENT NO.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REQUEST No. Amount of Assistance: Less Previous Total Disbursements: Balance Available: Funds Requested This (_ Disbursement: Certification of Payment: I certify that the above expenses were necessary and reasonable for the maintenance and operation of our premises and in accordance with this agreement. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 20 RESOLUTION NO. 20 1 8 - 3 0 6 5 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING FUNDING TO UNIDAD OF MIAMI BEACH, INC, FOR FISCAL YEAR 2018-2019, IN THE AMOUNT OF $230,000, TO SUPPORT AND ENHANCE THE SENIOR SERVICES BEING OFFERED AT THE NORTH BEACH SENIOR CENTER, LOCATED AT 7251 COLLINS AVENUE, INCLUDING, AMONG OTHER THINGS, (1) PARTIALLY FUNDING THE CURRENT LEVEL OF PARTICIPATION IN THE SENIOR MEALS PROGRAM (120 PARTICIPANTS), (2) EXPANDING THE MEALS PROGRAM BY ADDING 60 PARTICIPANTS, FOR A TOTAL OF 180 PARTICIPANTS; (3) CONTINUING TO SUPPORT SOCIALIZATION PROGRAMMING; AND (4) EXPANDING THE PROGRAMMING TO INCLUDE COMPUTER TRAINING CLASSES; AND APPROVING FUNDING OF THESE SERVICES, ON A RECURRING BASIS, THROUGH FISCAL YEAR 2023-2024, SUBJECT TO FUNDING APPROPRIATION AND APPROVAL BY THE CITY COMMISSION, DURING THE BUDGETARY PROCESS FOR EACH SUBSEQUENT FISCAL YEAR, UNLESS OTHERWISE DIRECTED BY THE CITY COMMISSION; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANNUAL FUNDING AGREEMENTS, WITH TERMS ACCEPTABLE TO THE ADMINISTRATION. WHEREAS, at its February 14, 2018 meeting, the Mayor and City Commission adopted Resolution No. 2018-30197, awarding $230,000 to UNIDAD of Miami Beach, Inc. (UNIDAD) to fund a senior meals program; and WHEREAS, UNIDAD's meal program has provided nutritious meals and socialization programming to up to 120 elder residents Monday through Friday; and WHEREAS, UNIDAD applied for and received funding from the Alliance for Aging with a six-year funding commitment, through fiscal year 2023-2024, in the amount of $124,922 a year, to serve 120 seniors; and WHEREAS, UNIDAD is seeking funding from the City, in the amount of$180,081.81, for its elder meals program, to serve as a local match to the Alliance for Aging funds and to expand the program by increasing the net number of elderly served daily from 120 to 180 seniors; and WHEREAS, UNIDAD is also requesting funding from the City, in the amount of $49,918.19, to launch computer training classes, in conjunction with a grant from Senior Services of America, in order to further enhance the Center's vibrant educational and socialization programming; and WHEREAS, at the December 12, 2018 City Commission meeting, Victor Diaz, President of UNIDAD, advised that UNIDAD's meal program only serves Miami Beach seniors of ages 60 and older, in conformity with the Older American's Act; and WHEREAS, additionally, Mr. Diaz requested that the City's contribution be considered annually, on a recurring basis, through fiscal year 2023-2024, contingent upon funding approval by the City Commission during the budgetary process for each fiscal year, so that the item does not have to be presented each year for consideration; and WHEREAS, on September 10, 2018, the Hispanic Affairs Committee passed a motion to support the annual recurring funding for the North Beach Senior Center meal program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve funding to UNIDAD of Miami Beach, Inc., for fiscal year 2018-2019, in the amount of $230,000, to support and enhance the senior services being offered at the North Beach Senior Center, located at 7251 Collins Avenue, including, among other things, (1) partially funding the current level of participation in the senior meals program (120 participants), (2) expanding the meals program by adding 60 participants, for a total of 180 participants; (3) continuing to support socialization programming and (4) expanding the programming to include computer training classes; and approve funding of these services, on a recurring basis, through fiscal year 2023-2024, subject to funding appropriation and approval by the City Commission, during the budgetary process for each subsequent fiscal year, unless otherwise directed by the City Commission; and further authorize the City Manager to negotiate and execute annual funding agreements, with terms acceptable to the Administration. PASSED AND ADOPTED this LL day of December, 2018. 4rM1 B" =* %Dan Gelb'ayor ,IN„ORP ORATED= 4 ATTEST: 4,4 �i9,�j' ..... ....•.. IC� `:c Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FO EXECUTION City At orney D�' Resolutions - R7 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING AUTHORIZING FUNDING, IN THE AMOUNT OF $115,000, TO UNIDAD OF MIAMI BEACH, INC. (UNIDAD) FOR THE PROVISION OF A SENIOR MEALS PROGRAM AND COMPUTER TRAINING CLASS SERVING ELDER RESIDENTS AT THE NORTH BEACH SENIOR CENTER, LOCATED AT 7251 COLLINS AVENUE. (ITEM TO BE SUBMITTED IN SUPPLEMENTAL) RECOMMENDATION Item to be submitted in Supplemental. CONCLUSION KEY INTENDED OUTCOMES SUPPORTED Enhance Cultural and Recreational Activities Legislative Tracking Housing and Community Services Page 1012 of 1751