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HomeMy WebLinkAboutExhibit 1MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS CULTURAL FACILITIES GRANT The Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, the Mayor and the Board of County Commissioners are pleased to announce that Miami -Dade County will award the grant described herein to the City of Miami (hereinafter referred to as the Grantee) in consideration for the Grantee's agreement to abide by all the following terms and considerations set forth in Articles I, II, III, IV, V & VI and the Exhibits herein referenced. 1. Grantee: ARTICLE I - DESCRIPTION OF GRANT City of Miami 444 S.W. 2nd Avenue Miami, Florida 33130 Facility: Little Haiti Caribbean Marketplace (CMP) Renovation Project 2. Total Amount of Grant: $354,614 3. Project Description: (See Exhibit 1, attached hereto.) 4. Itemized Budget: (See Exhibits 2A and 2B, attached hereto.) 5. Grant End Date: September 30, 2013 6. Report Deadline: Final Report due within 45 days of receipt of payment; Annual update report due September 30th for grant duration IN WITNESS WHEREOF, the parties hereto have executed this Agreement: ATTEST: MIAMI-DADE COUNTY, FLORIDA by its BOARD OF COUNTY COMMISSIONERS on the _day of ,20 Clerk, Miami -Dade County Commission County Mayor/ Designee GRANTEE: on the _day of , 20 (Grantees's Corporate Seal) By City Manager, Johnny Martinez, P.E. Type or Print Above Signature By City Clerk Priscilla A. Thompson Type or Print Above Signature By Risk Management Director Calvin Ellis Approved for form and legal sufficiency: Type or Print Above Signature Assistant Miami -Dade County Attorney City of Miami Attorney, Julie 0. Bru Cultural Facilities Grant (10/2011) Page 1 of 11 MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS GENERALTERMS AND CONDITIONS FOR CULTURAL FACILITIES GRANTS — ARTICLES II. III, IV. V and VI ARTICLE II 1. Parties: The parties to the Grant Award Agreement, which shall be referenced herein as the "Agreement," are the City of Miami, a Florida municipal corporation, which shall be referenced herein as the "Grantee," listed in Article 1.1, and Miami -Dade County, Florida, (the "County") a political subdivision of the State of Florida. The Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County, and further provides that all functions not otherwise specifically assigned to others under the Charter, shall be performed under the supervision of the County Mayor or his designee. The County Mayor delegated the responsibility of administering this grant to the Director of the Miami -Dade County Department of Cultural Affairs, or his designee, who shall be referred to herein as the "Director." 2. Amount and Payment of Grant Award: The total amount of the Grant is specified in Article 1.2. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee. Grant funds are made in accordance with Resolutions 1408-00 and 575-05 passed by the Board of County Commissioners of Miami -Dade County, Florida on December 19, 2000 and May -17, 2005 respectively, and will be made available to the Grantee subject to the conditions and limitations as outlined in the Agreement and its accompanying articles and attachments, and subject to availability of funds. Payment(s) of Grant funds will be made to the Grantee upon submission by the Grantee, and upon approval by the Director, of the following: (a) documents showing evidence of the Grantee's unqualified right to occupy the Facility identified in Exhibit 1 for a period not less than twenty-five (25) years; and (b) evidence of equipment having been received or paid for and/or documentation reflecting the amount of design and construction work completed in accordance with items indicated in Exhibit 2B as Grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, contractor's application for payment, vouchers, receipts, and canceled checks (front and rear) clearly designating payment for expenses associated with the project. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other satisfactory documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate Grant expenditures. In addition, the Grantee must supply the Director with evidence that matching funds as specified in the budgets attached hereto as the Restatement of Project Budget, or as revised per written authorization by the Director, have been paid out for project expenses. 3. Project Description: The Grantee may use the Grant only for the purpose of building and/or equipping a neighborhood - based cultural facility as specifically described in Article 1.3, designated "Project Description," as documented and attached hereto specifically as Exhibit 1. Further, the Grantee expressly understands and agrees that the Grantee's program(s) supported by these Grant funds must be open and accessible to the public, provide public exposure and benefit the public unless otherwise noted unaer Article VI, "Special Conditions," of this Agreement. Minor project revisions believed to be necessary for the purpose of completing the Project, but which do not substantially alter the original Project, its quality, impact, or benefit to the organization, the County or its citizens, must be requested in writing to the Director prior to implementation of such revisions with sufficient time for the Director's review and approval. Minor revisions include, but are not limited to those affecting project scope, venue, timeframe and participants. The Director; in his/her sole discretion, will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices. .4. Project Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and in accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the Project covered under this Agreement. This budget is attached hereto as Exhibits 2A and 2B. Further, the Grantee agrees that all expenditures will be subject to the terms of the Agreement as specified in Exhibits 2A and 2B. All budget revisions, including line item changes which substantially alter the original project that may be necessary for the purpose of completing the project, must be requested in writing to the Director prior to implementation of revisions for the Director's review. The Director will approve or disapprove the Grantee's request in writing within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices, and such approval shall be granted or withheld in the sole discretion of the Director. Cultural Facilities Grant (10/2011) Page 2 of 11 5. Grant End Date: The Grantee shall encumber all Grant anc matcning tunas oil vi ueivie II IC U71aIIL CIIU udiC aJ outlined in Article 1.5. Any Grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty-five (45) days of the Grant End Date shall revert to the County and the Agreement shall be terminated in accordance with Article IV. A project extension may be requested in writing from the Director at least thirty (30) business days prior to the Grant End Date. The Director, at his discretion, may grant an extension of up to one (1) year of the Grant End Date so long as such extension will not significantly alter the project including its quality, impact, or benefit to the organization, the County or its citizens. Additional one (1) year extensions may be authorized by the Director if the Grantee can document, in a written request, sufficient Grant project progress and cause for such an extension to be warranted. 6. Report Deadline: To demonstrate that the Grant award has been used in accordance with the Project Description and Project Budget information as outlined in Exhibits 1, 2A and 2B, and the Grantee has met and fulfilled all requirements as outlined in the Agreement, exhibits, and/or other substantive materials as may be attached or included as a condition to this Grant award, the Grantee must submit to the Director or his designee, a written Final Report and supporting materials as specified by the Director documenting that the Grantee is meeting or has fulfilled all project and financial requirements. This report is to be received by the Director or his designee according to the schedule outlined in Article 1.6. The Grantee shall also submit a written report to the Director on or prior to September 30th of each year from the time of the execution of the Agreement demonstrating that the Grantee is fulfilling, or has fulfilled, its purpose, and has complied with all applicable municipal, Miami -Dade County, state and federal requirements. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also request that a compilation statement or independent financial audit encompassing the entire Grant period and accounting for the expenditure of Grant funds be prepared by an independent certified public accountant at the expense of the Grantee. In the event that the Grantee fails to submit the required reports according to the schedule outlined in Article 1.6. and in this section, the Director may terminate the Agreement in accordance with Article IV. Further, the Director or his designee must approve these reports for the Grantee to be deemed to have met all conditions of the grant award. 7. Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this Grant is provided, which may include visits by County representatives to: observe the project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and/or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of its Board of Directors or governing board, general activities and project -related events. In the event the Director or his designee conclude, as a result of such monitoring and/or evaluation, that the Grantee is not in compliance with the terms of this Agreement and its attachments referenced herein as "Exhibits," or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Director or his designee may provide in writing to the Grantee notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the project or fulfill the terms of this Agreement. If Grantee refuses or is unable to address the areas of concern within thirty (30) days of receipt of such notice, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of Grant funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee refuses or is unable to address the areas of concern and the Grant award has been disbursed in full or in part, then the Director may request the return of the full or partial Grant payment. At the Director's sole discretion, a Grantee found to be deficient or in default of a previous grant contract may be declared permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. If Grantee is not in compliance with the conditions of any other County grant agreement, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. 8. Bank Accounts and Bonding: The Grantee shall keep monies received pursuant to this Agreement in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on Grant funds from the banking institution identified on the "Bank Account Disclosure" form submitted by the Grantee. These accounts need not be accounts which are segregated from other accounts maintained by the Grantee. However, it is highly recommended that the Grantee maintain a separate account for these Grant funds. 9. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this Grant award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be 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 later of the following: (a) the Grant End Date specified in Article 1.5; (b) the expiration of Cultural Facilities Grant (10/2011) Page 3 of 11 an extended Grant period as approved by the Director; (c) the completion of a (Aunty requested or manuaieu dual ur uui ii .e IC v levy, or (d) the conclusion of a legal action involving the Grant award, the Grantee andlor project or activities related to the Grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this Grant. 10. Publicity and Credits: The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: "With the support of the Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners." The Grantee must also use Miami -Dade County's logo in marketing and publicity materials whenever possible. Please call the Department to request an electronic logo file or download it from our website (www.miamidadearts.orq). By accepting County funds, the Grantee is required to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. 11. Liability and Indemnification: It is expressly understood and intended that the Grantee, as the recipient of Grant funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, its Mayor, the Department of Cultural Affairs or the Cultural Affairs Council. Further, for purposes of this Agreement, the Grant project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as nor give the appearance of that o' an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miami -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for at expenses and liabilities incurred under the subcontract. The Grantee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, law suits, causes of actions 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 employees, agents, servants, partners, principals or subcontractors. 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 County, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The Grantee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, employees, agents and instrumentalities as herein provided. 12. Assignment: The Grantee shall not assign this grant award or any portion thereof. Any purported assignment will render this grant null and void and the Grantee shall be subject to immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13. Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and terms of grants made to Miami -Dade County and the Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, of which this Grant is a sub grant, including, but not limited to the following Miami -Dade County Ordinances, Resolutions, sections of the County Code and federal laws: (a) County Ordinance No. 72-82 - 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; (b) Section 2-8.1- of the Miami -Dade County Code - Ownership Disclosure; (c) County Ordinance No. 90-133- Amending Sec. 2-8.1; (d)(2) - Employment Disclosure; (d) Section 2-8.6 -of the County Code - Criminal Record; Cultural Facilities Grant (10/2011) Page 4 of 11 (e) County Ordinance No. 92-15 codified as Section 2-8.1.2 of the t;ounty uooe - Cmpioymeni uiuy-uee Workplace; (f) County Ordinance No. 142-91 codified as Section 11A -29 et. seq. of the County Code — Family Leave; (g) County Resolution R-385-95 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: i. The Americans with Disabilities Act of 1990 (ADA), Pub.L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; ii. Title II, Public Services; Hi. Title 111, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; iv. Title IV, Telecommunications; v. Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U.S.C. Section 3601 - The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2-8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes. The Grantee has certifiably indicated compliance to these laws, ordinances and resolutions by properly executing the affidavits attached hereto. Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 2000d et seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97-170, § 1, 2-25-97 and No. 98-17, § 1, 12- 1-98, Additionally, if the Grant Project involves construction work, the Grantee shall: notify the Director of any applicable federal labor compliance requirements regarding procurement and pre -award procedures prior to scheduling pre -construction conferences; submit to the Director all plans and specifications and receive the approval of the Director prior to issuance and implementation; and comply with all applicable provisions of applicable municipal, state, federal and County laws, regulations and rules. 14. Remedies: In the event the Grantee shall fail to materially conform with any of the provisions of the Agreement, including its attachments referenced herein as "Exhibits," the Director may withhold or cancel all, or any, unpaid installments of the Grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under this Agreement. Further, in the event of a materia: breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County al! portions of the Grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event this grant is canceled or the Grantee is requested to repay Grant funds because of a breach of this Agreement, the Grantee may be declared permanently ineligible to apply to Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the Grant period. The Grantee will also be liable to reimburse the County for all lost or stolen Grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in this Agreement, are to be repaid by delivering to the Director, a certified check for the total amount due, payable to Miami -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under the law. 15. Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of the Agreement. 16. Written Notices: Any written notices required under the Agreement will be effective when delivered in person or upon the receipt of certified letters addressed to the Grantee at the address specified in Article 1.1 of this Agreement, and to the Director when addressed as follows: Director, Miami -Dade County Department of Cultural Affairs, 111 NW First Street, Suite 625, Miami, Florida 33128, Cultural Facilities Grant (10/2011) Page 5 of 11 17. Captions Used in This Agreement: Captions as used in the Agreement are for convenience ul ICI CI CIIGC ullly allu should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Represents Total Agreement: The Agreement, including its special conditions and attachments, represents the whole and total agreement of the parties. No representations, except those contained within the Agreement and its attachments, are to be considered in construing its terms. Other than as specified in the agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners. ARTICLE Ill - INSURANCE The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: 1. Workers Compensation Insurance for all employees of the Grantee as required by Florida Statute 440. 2. Commercial General Liability Insurance in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The Company must be rated no less than "B" as to the management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division; or, 2. The Company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida," issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty Fund. Certificates must indicate that no substantive modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. ARTICLE IV - TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner its obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of this Agreement, the County shall thereupon have the right to terminate the Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V — INSPECTOR GENERAL Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this Grant award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with the Grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be 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 later of: the Expenditure Deadline specified in Article II Section 5; the extended Expenditure Deadline, Cultural Facilities Grant (10/2011) Page 6 of 11 as approved by the Director, it any; the completion of a Uounty requesteo or manoateu awn ul UUIIli.111d1 lue eVie v uI ulc 1iuI Kd UJlu1I legal action involving the Grant award, the Grantee and/or Project or activities related to the Grant award. The County Manager may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the County Manager may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall have the right to engage the services of an independent private -sector inspector general ("IPSIG") to monitor and investigate compliance with the terms of this Agreement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions, and contracts such as this Agreement for improvements some cost of which is funded with County funds. As such, the IG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County. The IG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the Grantee and contractor and their respective officers, agents and employees, lobbyists, subcontractors, materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Grantee (and any affected contractor and materialman) from ID, the Grantee (and any affected contractor and materialman) shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to report and/or recommend to the Board whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant Miami -Dade County Code Section 2-8.1. The provisions in this section shall apply to the Grantee, its contractors and their respective officers, agents and employees. From the time of execution of this Grant Agreement forward, the Grantee shall incorporate the provisions in this section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Grantee, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation and the County shall have no obligation to exercise any of its rights for the benefit of the Grantee. ARTICLE VI - SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds. Payment(s) of Grant funds under this particular agreement will be made incrementally to the Grantee upon submission by the Grantee and upon approval by the Director of: evidence of equipment having been ordered or paid for, and/or documentation reflecting the amount of construction work authorized in accordance with items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original invoices, bills, vouchers, receipts, or canceled checks (front and rear) clearly designating payment for expenses associated with the project. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. Notwithstanding the above, the requirements contained in Article 11.6 of this Agreement are unaffected and unchanged by the provisions of this Article V special condition. Cultural Facilities Grant (10/2011) Page 7 of 11 The grant is awarded to this Grantee with the understanding that the Grantee is performing a puouc purpose rnruuyii uie pruurarn, projects, and services recommended for support. Use of these funds for any program component not meeting this condition will be considered a material breach of the terms of this Grant Agreement and will allow Miami -Dade County to seek remedies including, but not limited to those outlined in the Articles and Exhibits of the Grant Agreement. Grant funds may not be used for any of the following types of expenses: proposal preparation; repayment of prior debt or deficit reduction,; debts, contingencies, fines and penalties, interest and other financial costs; expenses incurred or obligated prior to or after the grant period; travel or transportation costs to cover expenses for staff travel or presenting programs/activities outside of Miami -Dade County; remuneration of County employees for any services rendered as part of a project receiving a grant through the Department of Cultural Affairs; social/fundraising events; beauty pageants; sporting events played or hosted outside of Miami -Dade County; income generating events for an organization other than the applicant organization; hospitality costs including private entertainment, food, beverages, decorations or affiliate personnel; cash prizes, awards, plaques, or scholarships; re -granting; lobbying the County Commission or the Mayor, the judicial branch, or any public agency or office, or for propaganda materials; charitable contributions or donations; or events which are restricted to private or exclusive participation (by invitation and/or purchase requirements that exceed the cost o' a typical, standard ticket to an event/performance), including restricting access to programs or facilities on the basis of race or ethnicity, color, creed, national origin, religion, age, gender, sexual orientation or physical ability. For contracts between Miami -Dade County and the City of Miami, the following provisions shall supersede the referenced sections carried earlier in this agreement: Article 11.11: Liability and Indemnification — T 4: To the extent permitted by and within the limitations of Florida Statute Section 768.28, the Grantee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. To the extent permitted by and within the limitations of Florida Statute Section 768.28, the 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 County, where applicable including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The Grantee expressly understands and agrees that any insurance protection required by the Agreement or otherwise provided shall in nc way limit the responsibility to indemnify, keep and save harmless, and defend the County or its officers, employees, agents and instrumentalities as herein provided. Article III — Insurance: The City of Miami is self -insured in accordance with the Florida Statute, Section 768.28. Cultural Facilities Grant (1012011) Page 8 of 11 MIAMI-DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS CULTURAL FACILITIES GRANT EXHIBIT 1: PROJECT NARRATIVE The Project Narrative/ Description is a complete description of the purchase, construction, rehabilitation, equipment and/or facility planning aspects of the project. Please address specific details of the project and include a statement regarding facility/equipment use and accessibility to the general public and other cultural organizations. If applicable, you must address any necessary changes to the project to accommodate any decrease in funding revenues. Name/Address of Facility: Little Haiti Caribbean Marketplace. Miami, FL Project Title: Little Haiti Caribbean Marketplace (CMP) Renovation Project Project Dates: Summer 2012 thru Spring 2013 Narrative/Description: The marketplace, an award -winning cultural icon in the heart of Little Haiti, functioned as a retail market from 1990 to 1996. After that time, the building remained vacant and deteriorating until the shell was refurbished in 2006 as part of the new Little Haiti Cultural Center. As the cultural center spurred the revitalization of the surrounding commercial blocks, it was an auspicious time to re -use the building as an adjunct cultural venue, also as an anchor for the emerging beautification along the NE 2nd Avenue corridor. The City identified a variety of funding sources to rehabilitate the neglected building and, pursuant to the community input, initiated design for the planned renovation project in 2010. The project consists of selective demolition and complete interior rehabilitation of the existing building to incorporate new administrative office, a gift shop, a beverage service area, storage spaces and restrooms. These amenities will support a climate -controlled, open retail area that will be equipped with movable vendors' kiosks. The work also includes ADA modifications, building envelope insulation, partitions and contextual architectural features, in addition to new fire - safety and electrical systems. The refurbished facility is scheduled to reopen in 2013 as a multi -purpose venue to accommodate retail functions and special events that would showcase the Caribbean culture. Cultural Facilities Grant (10/2011) Page 9 of 11 MIAMI-DADE CUUN I Y UCF'AK I MCN I ur L.uL 1 urcHL MrrMirW EXHIBIT 2A: PROJECT BUDGET List cash expenses and revenues specifically identified with your project. Round amounts to the nearest dollar. (do not show cents). NOTE: Total project expenses and revenues must equal. CASH REVENUES CASH EXPENSES Local/Municipal matching Funds (list sources and amounts): City of Miami - funds 720,000 (Identify specific project items and amounts) Soft Cost - Administration 0 Soft Cost - Planning 0 Soft Cost — A & E Selection 0 Soft Cost - Design 0 Other Matching Funds (list sources and amounts): Soft Cost - Other 0 MDC Cultural Facilities Grant Award: 354,614 Sub Total Soft Costs 0 Hard - Cost— Construction Admin. 0 Hard Cost - Permitting 0 Hard Cost — Furnishing & Equipment 0 Hard Cost - Construction 976922 Hard Cost — Construction Contingencies 97692 Sub -Total Hard Costs 1,074,614 TOTAL REVENUES: $1,074,614 TOTAL EXPENSES: $1,074,614 NOTE: TOTAL REVENUES MUST EQUAL TOTAL EXPENSES Cultural Facilities Grant (10/2011) Page 10 of 11 MIAMI-UAUt UUUN I T Utl'HK I IVItN 1 ur I.UL 1 urtAL HrrrurW EXHIBIT 2B: GRANT AWARD BUDGET Itemized cash expenses to be expended from grants award. Expenditures must equal the total amount of the grant award as listed on the cover sheet and Exhibit 2A. Round amounts to the nearest dollar (do not show cents). MDC CULTURAL FACILITES GRANT EXPENSES ONLY: Item Amount Hard Cost, Construction $354,614 TOTAL GRANT AWARD: $354,614 Cultural Facilities Grant (10/2011) Page 11 of 11