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Fiscal Year 2023-2024 Grant Agreement between CMB & Unidad of Miami Beach, INC DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 M AM\IBEACH CITY OF MIAMI BEACH FISCAL YEAR 2023-2024 GRANT AGREEMENT MAR 1 4 2024 GRANT PROJECT No.: 2024-CMB-12 This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this day of , 20 by and between the City of Miami Beach, Florida (hereinafter the "City"), and UNIDAD of Miami Beach, Inc., a Florida not-for-profit corporation (hereinafter the "Grantee"). This Agreement is effective March 1, 2024, the "Effective Date." ARTICLE I / GRANT DESCRIPTION GRANTEE: UNIDAD of Miami Beach, Inc. GRANTEE CONTRACT ADMINISTRATOR: Maria Saboya, President ADDRESS: 7251 Collins Avenue CITY, STATE, ZIP Miami Beach, FL 33141 PHONE, FAX, E-MAIL. 305-867-0051, msaboya@bellsouth.net GRANT AMOUNT $230,000.00 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: March 1, 2024— February 28, 2025 EXPENDITURE DEADLINE: February 28, 2025 PROJECT COMPLETION DATE: February 28, 2025 FINAL REPORT DEADLINE: March 10, 2025 FINAL REIMBURSEMENT REQUEST DEADLINE. March 10, 2025 TERM: This Agreement snail have a term, commencing March 1, 2024 and expiring on February 28, 2025 (the "Term"). DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: I Rafael E. Granado, City Clerk Alina T. Hudak, City Manager MAR 14 2024 Date ...I.p,„, le ..C.'''\ IIMLORP °RATED' t:-. rin: h,4�CH 26 - FOR GRANTEE. UNIDAD of Miami Beach, Inc. Federal Id No. 65-0584874 ATTEST: authorized Signature Print Name and Title Print Name and Title 2- ) 211 ZOZ4 Date """""''� FabiOla Estrada "s-p oVEbAS TO �T�,PY a � FORM 5k LANGUAG E. y cC)Kt BXf.Cu . _ Gomm,tHH0411l0 '"$ y' icr9*L. � Expires: Sept.29,2024rtcy (w y a' `,`Bonded Thru Aaron Notary ���nnutttr. Page 2 1 I DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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 (the "Project"). 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 goods or services 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 Art.cle 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 as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2 ("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee Any request by Grantee to modify the.Project Budget shall be made in writing, using City approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 4. REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. As a condition of disbursements of grant funds. and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit monthly reports to the Contract Administrator by the 10th day of the following 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 may be disseminated by the City without the prior written consent of the Grantee. All monthly reports must be submitted on the Grant Monthly Status Report Form, attached hereto as Exhibit 3, 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 Page 3 I DocuSign Envelope ID: 036B2827-A856-4FCA-BCE8-571 B335C31 F8 forth in this Agreement. This report must oe received by the City within 10 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. 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 Term and any approved 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 approved 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.. 5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any time during the Grant Term. All reimbursement requests must be made after expenditures have occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement Page 4 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 Request Form, attached hereto as Exhibit 4. All reimbursement requests must be submitted prior to March 10`", 2025. 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 during the Term. 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to the restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant Amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the grant award, and once all parties have executed this Agreement. 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 contributions; or events not open to the public. 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 terms specified in this Agreement 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of additional 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 by this Grant must take place during the Term (March 1, 2024 — February 28, 2025) 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 reasonable accounting 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 Page 5 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-5718335C31F8 for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also 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 a material breach of this Agreement. 12. 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. Page 6 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantees 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 flies, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 13. PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant: "This Project is funded in whole or in part by a grant from the City of Miami Beach.". Grantee's failure to comply with this paragraph may preclude future grant funding from the City, in the same manner as if Grantee defaulted under this Agreement. 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify, defend 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 Page 7 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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, defend and hold harmless the City or its officers, employees, agents, and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute, whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 15.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. 16. 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 nerein 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. 17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager or the City Manager's designee may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have teen 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 ar extension of the Expenditure Page 8 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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 or in equity. Notwithstanding the provisions of this Section, and without regard to whether City has exercised the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant or at the close of the Project, any unexpended Grant Funds shall be immediately returned to the City, except where the City Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds. 18. INSURANCE REQUIREMENTS: A. Verification of Coverage Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section, as follows. All certificates of insurance 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. ill 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. • Page 9 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 B. Additional Insured Status The City of Miami Beach must be covered 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 the 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 tie 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 ,imits, 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 c/o HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shah. not relieve the Grantee of its liability and obligation under this section or under any other section of this Agreement. 19. 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. Page 10 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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. 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. Page 11 DocuSign Envelope ID: 036B2827-A856-4FCA-BCE8-571B335C31F8 ( 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 withir 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 a(�,MIAMIBEACHFL.GOV PHONE: 305-673-7411 20. 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, Page 12 DocuSign Envelope ID: 036B2827-A856-4FCA-BCE8-571B335C31F8 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 curing 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 subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. i. 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 20(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 this Agreement for cause. 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, • 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. iv. 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. v. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. 21. 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. 22. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the City Grant Administrator, as identified in Section 23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. Page 13 DocuSign Envelope ID: 036B2827-A856-4FCA-BCE8-571 B335C31 F8 23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to Grants Management Department listed below: Krystal M. Dobbins, Grants Management Division Director KrystalDobbins[a)miamibeachfl.qov Elizabeth Carrino, Grant Writer Researcher ElizabethCarrino@a miamibeachfl.gov ARTICLE III I MISCELLANEOUS PROVISIONS 24. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Agreement. 25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following Special Conditions: A. Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964 (Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code, beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex and national origin. B. 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 (including independent contractors), housing and public accommodations, public services and in connection with its membership or policies 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, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. C. The City endorses. and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 199C (ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. D. 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 Page 14 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 28. 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. 29. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this Agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both parties. The City Manager, on behalf of the City, shall be authorized to execute amendments to this Agreement; however, any changes to the Grant Amount shall require approval by the Mayor and City Commission. 30. BACKGROUND SCREENING REQUIREMENT: (ONLY IF GRANTEE OR GRANTEE'S EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND SCREENING REQUIREMENT)In accordance with Sections 943.0542, 984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to this Agreement unless the City's Contract Administrator approves an alternative process. Page 15 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 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 LMI 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 tc 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 ooen, 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 16 DocuSign Envelope ID'036B2827-A856-4FCA-BCE8-571B335C31F8 GRANT ACTIVITIES Activity Name Activity Description of Service No. Service Recipients Description Recipients Senior Meals — Hot Meals to Registered CMB Seniors over 120+ per week Program Seniors 60 (including other grant sources) Computer Training Train seniors on Registered CMB Seniors over 5 per training computer use 60 GOALS/OUTCOMES Outcome Measure Timeframe Reporting Deadline Senior Meal Nutrition, mental wellness 5 days a Monthly Program (group interaction and week activity), socialization (congregate meals). Increased nutrition of seniors. Computer Training Basic Computer Literacy Monthly Monthly STAFFING Position Title Description/Responsibilities to Grant Program Director of Provides executive leadership to run and oversee the daily operations of the Operations 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 17 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 EXHIBIT 2 Unidad of Miami Beach Inc. CITY OF MIAMI BEACH BUDGET March 01,2024 -February 28, 2025 i Budget Line Item Description Project Budget The annual salary for the Program Director is approximately$56,000 a year.This agreement Salaries &Wages -Meals Program Directc funds approximately 50%. • $ 25,987.50 The annual salary for the Finance Staff is I approximately$40,800 a year.This agreement Salaries & Wages -Finance Staff funds approximately 50%. $ 18,480.00 The annual salary for the Program Coordinator is approximately$33,00 a year. This agreement Salaries & Wages -Meals Program Coordir funds approximately 50% $ 16,800.00 Employment Taxes FICA-6.2% $ 3,798.59 Employment Taxes MICA- 1.45% $ 888.37 Employment Taxes SUTA-5.12% $ 535.00 1 ,Required Federal&State Taxes 'Workers Compensation $ 900.00 General Liability Insurance General Liability Insurance $ 6,150.00 (Bonding Insurance D&O Insurance $ 2,700.00 Business Licenses,Annual Reporting Fees and Licenses and Fees City,State&County fees $ 2,500.00 Audit/990 2023 2024 Audit and Annual Tax form 990 $ 12,000.00 ;CPA Services- monthly financial reconciliation Financial Services 21,000.00 ( $Fees charged for processing payroll Payroll Processing ' $ 100.00 Background checks for staff&vo'.unteers at Background Checks -Staff Senior Center $ 100.00 Supplies for all Programs ,Program Supplies $ 200.00 Participants Marketing & Benefits 500.00 Participants Marketing & Benefits $ ,Supplies for Holiday and Special events for the Holiday and Special Event- Meal Program(Meals Program $ 3,338.00 Food Cost of the Meals Program i Food Cost-Congregate Meals Program $ 99,560.54 Menu Evaluation, Participant Assessment, (Nutritionist-5 hours a week Nutritional Counseling&Training. Nutritionist rate $ 4,000.00 Alarm Monitoring System for Senior Center. 'Alarm Monitoring Maintenance and repair work. $ 1,962.00 Janitorial&cleaning supplies Janitorial & Cleaning Supplies $ 500.00 Telephone& Internet 3,000.00 Telephone & Internet $ General Office Supplies 1,500.00 Office Supplies _ $ Creation and Maintenance of Unidad Website& IT Website Modification and Tech Support Support for Senior Center $ 3,500.00 ,Total: $230,000.001 Page 18 DocuSign Envelope ID 036B2827-A856-4FCA-BCE8-571B335C31F8 EXHIBIT 3 CITY OF MIAMI BEACH GRANT MONTHLY STATUS REPORT FORM GRANT PROJECT No.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: By 15th day of the following month. 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:036B2827-A856-4FCA-BCE8-571B335C31F8 - EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM GRANT PROJECT 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 completion of the Project and in accordance with this Agreement. I further warrant and represent that these expenses have not been, and will not be, covered by any other third party funding source, including under any other separate agreement between the City and Grantee. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 20 DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571B335C31F8 smarin unidadmb.org From: QuickBooksSupport <QuickBooksSupport@intuit.com> Sent: Tuesday, February 20, 2024 9:14 AM To: smarin unidadmb.org Subject: License Information 1 Dear JOSE GANCEDO , Thanks for contacting us about your license information. Here it is: r Company Name ' Product Description License Number Product ID 1 UNIDAD OF MIAMI BEACH Intuit Quickbooks 585269476398423 735606 UNIDAD OF MIAMI BEACH Intuit QB Payroll Annual Fee 565130288200214 534464 UNIDAD OF MIAMI BEACH Intuit QB Payroll Annual 565130288200214 445331 UNIDAD OF MIAMI BEACH Intuit QB Payroll Monthly Per Employee Fee I UNIDAD OF MIAMI BEACH QuickBooks Payroll 30-Day Free Trial 565130288200214 1545591 UNIDAD OF MIAMI BEACH Intuit QuickBooks Data Recovery Service 919300437606022 871844 UNIDAD OF MIAMI BEACH Intuit QuickBooks Plus Annual Subscription 919300437606022 324174 UNIDAD OF MIAMI BEACH Intuit Data Protect Monthly 919300437606022 1456367 UNIDAD OF MIAMI BEACH Intuit QuickBooks Annual Support 919300437606022 146982 UNIDAD OF MIAMI BEACH Intuit Data Protect Monthly 964597688016338 456367 r 1 UNIDAD OF MIAMI BEACH Intuit QuickBooks Data Recovery Service 964597688016338 871844 UNIDAD OF MIAMI BEACH Intuit QuickBooks Plus Annual Subscription 964597688016338 324174 UNIDAD OF MIAMI BEACH Intuit QuickBooks Annual Support 964597688016338 148982 Unidad of Miami Beach, Inc. Intuit Data Protect Monthly 356974989508019 456367 Unidad of Miami Beach, Inc. Intuit QuickBooks Annual Support 356974989508019 148982 Unidad of Miami Beach, Inc. Intuit QuickBooks Plus Annual Subscription 356974989508019 324174 Unidad of Miami Beach, Inc. l Intuit QuickBooks Data Recovery Service 1356974989508019 1871844 • You've received this email as you or someone from your company has requested your QuickBooks license information. If you didn't initiate this request, reach out to us. If you need to download QuickBooks, visit the QuickBooks Su000rt Site. Thanks for being an Intuit customer! Intuit Customer Service www.intuit.com 1 DocuSign Envelope ID: 036B2827-A856-4FCA-BCE8-571B335C31F8 Legal Privacy Contact Us About Intuit You have received this business communication as part of our efforts to fulfill your request or service your account. You may receive this and other business communications from us even if you have opted out of marketing messages. If you receive an e-mail message that appears to come from Intuit but that you suspect is a phishing e-mail, please forward it immediately to spoof©intuit.com. Please visit http://security.intuit.com/ for additional security information. Please note: This e-mail was sent from an auto-notification system that cannot accept incoming e-mail. Please do not reply to this message. 2013 Intuit Inc. or its affiliates. All rights reserved. • DocuSign Envelope ID:036B2827-A856-4FCA-BCE8-571 B335C31 F8 GRANTS MANAGEMENT DIVISION DATE: February 29, 2024 TO: Alina T. Hudak, City Manager FROM: Krystal Dobbins, Division Director Citywide Grant Agreement - SUBJECT: UNIDAD of Miami Beach, Inc. Grant Project No.: 2024-CMB-12 Routing / DocuSigned by: Krystal Dobbins - 6 6L f4it s 3/5/2024 1 4: .9 PM EST Tameka Otto Stewart — �J o shwayt 3/7/2024 1 3: ,5 PM EST g20B4A610 14E13_. Jason Greene �aSOtn 3/7/2024 I 4: ,7 PM EST '-211B893138C446F For: X City Manager's Signature Other Signature Comments: Citywide Grant Agreement: UNIDAD of Miami Beach, Inc. Grant Project No.: 2024-CMB-12 Final Year from March 1, 2024 through February 28, 2025 Grant Amount: $230,000 Account# 011-0320-000349-23-405-542-00-00-00 Approved by: Alba Tar, r�nector - Office of Housing & Community Services uia I` 3/5/2024 1 4:21 1 v1 EST 5883DCBB5C9A45- Approved by: Yelina Iglesias, Mgmt & Budget Analyst -Docuslgned by: 3/7/2024 l 1:01 PM EST Gf tiivua (0,sias BAE2D90EI40E49A Return to Krystal - Ext.26433