HomeMy WebLinkAboutResolution 2026-34308RESOLUTION NO. 2026-34308
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE
FOLLOWING GRANT AGREEMENTS FROM THE FLORIDA INTERNATIONAL
UNIVERSITY BOARD OF TRUSTEES, A PUBLIC BODY CORPORATE
EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, ON BEHALF OF
THE JEWISH MUSEUM OF FLORIDA-FLORIDA INTERNATIONAL
UNIVERSITY, TO THE JEWISH MUSEUM OF FLORIDA, INC., THE ORIGINAL
DONOR: (1) G.O. BOND FOR ARTS & CULTURE GRANT AGREEMENT,
DATED DECEMBER 20, 2023, (2) CITYWIDE FY 2025-26 GRANT
AGREEMENT, DATED MARCH 2, 2026, AND (3) FY 2025-26 CULTURAL
AFFAIRS PROGRAM AND CULTURAL ARTS COUNCIL GRANT
AGREEMENT, DATED APRIL 10, 2026; AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT,
IN A FORM APPROVED BY THE CITY ATTORNEY'S OFFICE, FOR EACH OF
THE FOREGOING.
WHEREAS, on November 8, 2022, the voters of the City of Miami Beach approved the
issuance of a General Obligation Bond ("G.O. Bond") for Arts & Culture in the not -to -exceed
amount of $159 million; and
WHEREAS, on March 27, 2023, the City Commission adopted Resolution No. 2023-
32523, approving the template for the G.O. Bond Grant Agreement to be signed by grant
recipients (the "Grant Agreement Template"); and
WHEREAS, on April 28, 2023, the Mayor and City Commission adopted (i) Resolution No.
2023-32592, accepting the recommendations of the Finance and Economic Resiliency
Committee ("FERC") for Tranche 1 in the not -to -exceed amount of $101,700,000, (ii) Resolution
No. 2023-32593, approving revisions to the Grant Agreement Template, and Resolution No.
2023-32594, approving the additional public benefits proffered by each of the cultural arts
organizations or entities that will receive Arts & Culture G.O. Bond funds or that will directly benefit
from capital projects paid for with bond funding; and
WHEREAS, on May 17 and June 28, 2023, the first and second public hearings of the
bond issuance were held; and
WHEREAS, on July 26, 2023, the Mayor and City Commission adopted Resolution No.
2023-32691, approving a first amendment to the Grant Agreement Template, allowing for the
advancing of grant award funds pursuant to the grant agreements previously approved in
connection with the G.O. Bond for Arts & Culture; and
WHEREAS, the final list of projects approved as part of the G.O. Bond for Arts & Culture
included a $750,000 allocation for the Jewish Museum facility; and
WHEREAS, the G.O. Bond for Arts & Culture Grant Agreement (the "G.O. Bond
Agreement"), between the City and the Florida International University Board of Trustees, a Public
Body Corporate Existing Under the Laws of the State of Florida, on behalf of The Jewish Museum
of Florida -Florida International University (the "Grantee"), was executed on December 20, 2023;
and
WHEREAS, on July 24, 2024, the Mayor and City Commission adopted Resolution No.
2024-33184, approving a revision to the scope of work under the G.O. Bond Agreement and
authorizing the City Manager to execute an amendment (the "G.O. Bond Amendment") to the
Agreement with the Grantee; and
WHEREAS, the G.O. Bond Amendment was executed on October 18, 2024; and
WHEREAS, the Citywide Grant Program provides financial assistance to nonprofit
organizations that deliver programs, services, and activities that benefit residents and visitors of
the City and enhance the community's cultural, educational, and quality -of -life opportunities; and
WHEREAS, as part of the City's FY 2025-26 budget process, the Grantee was awarded
a FY 2025-26 Citywide Grant in the amount of $50,000; and
WHEREAS, accordingly, on March 2, 2026, the City and Grantee executed that certain
FY 2025-26 Grant Agreement (the "Citywide Agreement"); and
WHEREAS, the Cultural Arts Council Grants Program supports nonprofit cultural
organizations presenting artistic and cultural programming in the City of Miami Beach, including
Cultural Anchors; and
WHEREAS, Cultural Anchors are institutions physically based within the City whose
year-round programming significantly contributes to the City's cultural life; and
WHEREAS, on September 30, 2025, the Mayor and City Commission adopted Resolution
No. 2025-33945, approving the FY 2025-26 Cultural Arts Council grant awards, which included
$26,367 for the Grantee; and
WHEREAS, accordingly, on April 10, 2026, the City and Grantee executed that certain FY
2025-26 Cultural Affairs Program and Cultural Arts Council Grant Agreement (the "Cultural Affairs
Agreement"); and
WHEREAS, the Jewish Museum of Florida is a longstanding cultural institution whose
mission includes preserving and sharing the history, art, and heritage of Jewish life in Florida
through exhibitions, educational programming, and community engagement; and
WHEREAS, on May 4, 2026, the City was notified that Grantee and the Jewish Museum
of Florida, Inc. are finalizing negotiations to transfer governance of the Jewish Museum of Florida
back to Jewish Museum of Florida, Inc., the original donor, while retaining an independent
affiliation with FIU; and
WHEREAS, the Board of the Jewish Museum of Florida, Inc. approved the transfer on
May 28, 2026, the FIU Foundation Board approved the transfer on June 6, 2026, the FIU Board
of Trustees will consider the item on June 18, 2026, and the Florida Board of Governors of the
State University System is scheduled to consider the transfer at its June 24-25, 2026 meeting;
and
WHEREAS, the transfer of governance will close thirty days following final approval; and
WHEREAS, to maintain continuity of City -funded programs, public benefits, and capital
investments, it is necessary to formally approve the assignment of the G.O. Bond Agreement, the
Citywide Agreement and the Cultural Affairs Agreement (collectively, the "Grant Agreements")
from the Grantee to the Jewish Museum of Florida, Inc.; and
WHEREAS, approval of this assignment ensures that all obligations, reporting
requirements, and public benefits associated with the Grant Agreements remain in effect
throughout and following the organizational transition; and
WHEREAS, the Administration recommends authorizing the City Manager and City Clerk
to execute the required consents to assignment to avoid any interruption to museum operations
or programming.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the assignment of the following Grant Agreements from the Florida
International University Board of Trustees, a Public Body Corporate Existing Under the Laws of
the State of Florida, on behalf of the Jewish Museum of Florida -Florida International University,
to the Jewish Museum Of Florida, Inc., the original donor: (1) G.O. Bond for Arts & Culture Grant
Agreement, dated December 20, 2023, (2) Citywide FY 2025-26 Grant Agreement, dated March
2, 2026, and (3) FY 2025-26 Cultural Affairs Program and Cultural Arts Council Grant Agreement,
dated April 10, 2026; and authorize the City Manager and City Clerk to execute a Consent to
Assignment, in a form approved by the City Attorney's Office, for each of the foregoing.
PASSED and ADOPTED this c2y
ATTEST• JUN 2 6 2026
Rafael E. Granado, City Clerk
day of 7(4 4e- , 202..15.
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR E TION q
-7JZ fo
City Attorney ;'h Date
Resolutions - C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO. Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: June 24. 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE ASSIGNMENT OF THE FOLLOWING
GRANT AGREEMENTS FROM THE FLORIDA INTERNATIONAL UNIVERSITY
BOARD OF TRUSTEES, A PUBLIC BODY CORPORATE EXISTING UNDER THE
LAWS OF THE STATE OF FLORIDA, ON BEHALF OF THE JEWISH MUSEUM OF
FLORIDA-FLORIDA INTERNATIONAL UNIVERSITY, TO THE JEWISH MUSEUM
OF FLORIDA, INC., THE ORIGINAL DONOR: (1) G.O. BOND FOR ARTS &
CULTURE GRANT AGREEMENT, DATED DECEMBER 20, 2023, (2) CITYWIDE
FY 2025-26 GRANT AGREEMENT, DATED MARCH 2, 2026, AND (3) FY 2025-26
CULTURAL AFFAIRS PROGRAM AND CULTURAL ARTS COUNCIL GRANT
AGREEMENT, DATED APRIL 10, 2026. AND AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE A CONSENT TO ASSIGNMENT, IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE, FOR EACH OF THE
FOREGOING.
RECOMMENDATION
The Administration recommends adoption of this Resolution approving the assignment of the
three grant agreements from the Florida International University Board of Trustees, on behalf of
the Jewish Museum of Flonda-Florida International University, to the Jewish Museum of Florida,
Inc.
BACKGROUND/HISTORY
Arts & Culture G.O. Bond Grant Agreement (attached herein as Exhibit Ay
On November 8, 2022, the voters of the City of Miami Beach approved the issuance of a General
Obligation Bond for Arts & Culture in the not to exceed amount of $159 million.
The final list of projects approved as part of the General Obligation Bond for Arts & Culture
included a $750,000 allocation for the Jewish Museum facility.
On April 28, 2023, the City Commission adopted Resolution 2023-32592 which included the
approved grant amount of $750,000 for the Jewish Museum of Florida Project.
On May 17 and June 28, 2023, the first and second public readings of the bond issuance
resolution were held.
The Arts & Culture G.O. Bond Grant Agreement between the City of Miami Beach and Florida
Intemational University Board of Trustees, a public body corporate existing under the laws of the
State of Florida. on behalf of the Jewish Museum of Florida -Florida International University was
executed on December 20, 2023.
On July 24, 2024, the City Commission adopted Resolution No 2024-33184, approving a revision
to the scope of work approved in connection with the Grant Agreement and authorized the City
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Manager to execute an Amendment with the Grantee accordingly. The Amendment was executed
on October 18, 2024 (attached herein as Exhibit B).
FY 2025-26 Citywide Grant Agreement (attached herein as Exhibit C):
The Citywide Grant Program provides financial assistance to nonprofit organizations that deliver
programs, services, and activities that benefit residents and visitors of the City of Miami Beach
and enhance the community's cultural, educational, and quality -of -life opportunities
As part of the City's FY 2025-26 budget process, grant funding was allocated to support eligible
nonprofit organizations whose programming serves a public purpose and provides measurable
community benefits. The Florida International University Board of Trustees on behalf of The
Jewish Museum was awarded a FY 2025-26 Citywide Grant in the amount of $50,000.
FY 2025-26 Cultural Affairs Grant Agreement (attached herein as Exhibit D):
The City of Miami Beach Cultural Arts Council Grant is an annual grants program that is open to
nonprofit, 501c3 cultural organizations and departments within institutes of higher learning with
tax exempt status under other subsections of 501 c3 wishing to present or produce cultural and
artistic events in the City of Miami Beach.
The Cultural Arts Council Grant provides funding for two types of organizations: Cultural Anchors
and Cultural Presenters. The Jewish Museum is considered a Cultural Anchor, which is defined
as an institution that is physically based in the City of Miami Beach, whose primary mission is
year-round artistic and cultural programming that contributes significantly to the cultural life of the
City of Miami Beach.
As part of the City's FY26 Budget, on September 30, 2025, the City Commission adopted
Resolution No 2025-33945 adopting the final budgets and approving $1,040,424 in grant awards
for Cultural Anchors and Presenters. The Jewish Museum of Florida-FIU was awarded $26,367.
The Jewish Museum of Florida-FIU in Miami Beach is a cultural institution dedicated to preserving
and sharing the rich history, art, and heritage of Jewish life in Florida. Through exhibitions,
educational programs, and community events, the museum highlights the diverse experiences
and contributions of Jewish communities while fostering dialogue, understanding, and cultural
appreciation.
ANALYSIS
On May 4, 2026, the City was notified that FIU, FIU Foundation, and Jewish Museum of Florida,
Inc. ("JMOF") were in the process of finalizing negotiations for the transfer of the Jewish Museum
of Florida-FIU back to Jewish Museum of Florida, Inc. the original donor. The Jewish Museum
shall continue an independent affiliation with FIU.
The Board of the Jewish Museum of Florida, Inc. approved the Transfer Agreement on May 28,
2026 The FIU Foundation Board subsequently approved the Agreement on June 6, 2026. The
FIU Board of Trustees has placed the item on the agenda for its June 18, 2026 meeting. The
Florida Board of Governors of the State University System is scheduled to consider the
Agreement at its June 24-25, 2026 meeting. The transfer will close thirty days following final
approval.
Given the imminent transfer of governance from FIU to the Jewish Museum of Florida. Inc., and
in order to maintain continuity of City -funded programs and capital investments, it is necessary
for the City Commission to formally approve the assignment of the existing grant agreements to
the Museum's original donor entity. This action ensures that all obligations, reporting
requirements, and public benefits associated with the grants remain in effect throughout and
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following the transition. Accordingly, the Administration seeks Commission authorization to
execute the required consents to assignment so that the Museum may continue its operations
and programming without interruption.
FISCAL IMPACT STATEMENT
20
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Does this Agenda Item support the Strategic Plan?:
Yes
If so, specify what Objective(s):
An iconic and vibrant City with a special flavor of arts, culture, education, and business.
FINANCIAL INFORMATION
CONCLUSION
The Administration recommends the adoption of this Resolution approving the assignment of the
following grant agreements from the Florida International University Board of Trustees, a public
body corporate existing under the laws of the State of Florida, on behalf of The Jewish Museum
of Florida -Florida International University, to the Jewish Museum of Florida, Inc., the original
donor: (1) Arts & Culture General Obligation Bond Grant Agreement, (2) FY 2025-26 Citywide
Grant Agreement, and (3) FY 2025-26 Cultural Arts Council Grant Agreement; and authorizing
the City Manager and City Cleric to execute the consent to assignment for each of the foregoing.
Applicable Area
South Beach
Is this a "Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Project?
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
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Department
G.O. Bond Program
Sponsor(s)
Co-sponsor(s)
Condensed Title
Assignment of Grant Agreements - Jewish Museum of Florida. GOB
Previous Action (For City Clerk Use Only)
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DocuSign Envelope ID: DAIFBOEB-6E30-4DDE-9632-F18EI68294EXHIBI"r AD8 2o L .�
G.O. BOND FOR ARTS & CULTURE
GRANT AGREEMIENT DECI
This GRANT AGREEMENT (this "Agreement") is made as of this day of
, 2023 (the "Effective Date"), by and between the City of Miami
Beach, Florida, a municipal corporation duty organized and existing under the laws of
the State of Florida (the "City"), and The Florida International University Board of
Trustees, a public body corporate existing urxlPr the laws of the State of Flonda, on
behalf of The Jewish Museum of Florida-Flonda International University ("Grantee")
(the City and Grantee each, a "Party" and collectively, the "Parties").
RECITALS
WHEREAS, the Grantee owns and operates The Jewish Museum of Florida -
Florida International University located at 301 Washington Avenue, Miami Beach, FL
33139, as more particularly described in Exhibit A; and
WHEREAS, Grantee is a public body corporate acting as an instrumentality
of the State of Flonda and exempt from taxation by operation of law; and; and
WHEREAS, on July 20, 2022, the Mayor and City Commission of the City of Miami
Beach approved Resolution No. 2022-32261 calling for a November 8, 2022 special
election for the purpose of submitting to the electorate of the City of Miami Beach a
question asking whether the City should be authorized to issue general obligation bonds,
from time to time, not exceeding $159,000,000 in aggregate principal amount (the
"Bonds"), payable from unlimited ad valorem taxes, to improve facilities for resiliency of
arts and cultural institutions throughout the City, including museums, performance
venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture
park and related artisthvorkforce housing (the 'GO Bond for Arts and Culture Program' or
the 'GOBAC Program"), and
WHEREAS, a majority of the City's residents who voted in the November 8, 2022
special election approved the GO Bond for Arts and Culture Program; and
WHEREAS, Resolution 2022-32261 contemplated that if approved in the
referendum, the GO Bond for Arts and Culture Program would provide funding for specific
projects; and
WHEREAS, the Grantee is undertaking Facility -wide Enhancements (the
"Project"), as more specifically described in Exhibit B, which was specifically approved as
part of the GOBAC Program or is otherwise eligible for funding through the GOBAC
Program; and
WHEREAS, the Project is estimated to cost $750,000.00 and will be funded from
the sources listed in Exhibit C, including funding from the GOBAC Program, subject to
and contingent upon the availability of GOBAC Program proceeds, and
WHEREAS, the Project is eligible for funding from the GO Bond for Arts and
Culture Program in a total amount not to exceed $750,000 00 which includes a grant
427 of 2591
DocuSpn Fnvelope 10DAI FBOE6-6E 30-40DE-9632-F 1 AF 1 B8294D8
award in the amount of $750,000.00 and a contingency in the amount of $0. as set forth
in greater detail below, and
WHEREAS, the Project will result in physical improvements to an area facility,
resource or site to increase its ability or capacity to serve the public. and
WHEREAS, on November 16, 2022, the Mayor and City Commission of the City
of Miami Beach approved Resolution No. 2022-32405 requiring the City Administration
and the Office of the City Attorney to negotiate and secure public benefits in the grant
agreements with each cultural arts organization that receives GOBAC Program proceeds;
and
WHEREAS, the Mayor and City Commission of the City of Miami Beach and the
governing board of the Grantee have authorized, by resolution, their respective
representatives to enter into this Agreement describing their respective rights and
obligations in the funding for, and construction of, the Project, and
NOW, THEREFORE, pursuant to Resolution No. 2023-32593, which specifically
authorizes the City Manager to execute grant agreements and other required contracts
and documents to expend the GOBAC Program bonds proceeds for the purposes
described in such resolution, and in consideration of the prem ses and the mutual
covenants and conditions herein contained and the mutual benefits to be derived from
this Agreement, it is agreed by the Parties hereto as follows:
ARTICLE 1
GRANT
1 1 Recitals. The Recitals above are true and correct and are incorporated herein
by reference
1.2 Award of Grant: Contingency The City hereby awards a grant to Grantee in
the dggiegate suns of $750.000 (the "Grant Award"), to be funded by the City
solely from the Bonds proceeds on a reimbursement basis, to design and
construct the Project and/or to acquire equipment The City shall have no
obligation to disburse to Grantee any portion of the Grant Award which
remains unused at the completion of the Project and Grantee shall have no
claim to such unused portion of the Grant Award The City Manager (or her
designee) may increase the (;rant Award by an amount not to exceed $0 (the
'Contingency") if the Grantee establishes to the reasonable satisfaction of the
City Manager (or her designee) with appropriate documentation that
unforeseen conditions or other factors beyond the reasonable control of the
Grantee have resulted in increased costs for the Project, provided (a) the use
of Contingency funds must satisfy all requirements and comply with all
restrictions applicable to the use of Grant Award funds, including w;thout
limitation the requirements set forth in Section 1 5 below and (b) the
Contingency may not be used by Grantee to alter or expand the Project scope
as set forth in Exhibit B
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DocuSigr Envelope ID DAlFBOE6-8E30-4DDE-9632-F18E'B8294D8
1.3 Public Purpose. The Grant Award is awarded to this Grantee based on the
understanding that the Grantee is performing a public purpose through the
programs, projects, and services. Use of these funds for any program component
not meeting this condition will be considered a material breach of the terms of this
Agreement and will allow the Gty to seek all available remedies including, but riot
limited to those outlined in Section 6.2 In consideration of the Grant Award, in
addition to Grantee's ohligations pursuant to Sections 1 5 and 16 and other
provisions of this Agreement, to comply with Resolubon No. 2022-32405, Grantee
shall provide the additional public benefit described in Fxhibit D.
1.4 Funding Contingencies The City's obligation to fund all or any portion of the
Grant is subject to and contingent upon (a) issuance of the Bonds and (b) such
funding continuing to be allowed and permissible pursuant to applicable law,
as same may be amended from time to time If (x) the Bonds are not issued
for any reason or (y) the City's performance and obligation to Grantee with
respect to the Grant Award is disallowed or rendered impermissible by
applicable law, then City's obligation to fund the Grant Award shall be
extinguished, and neither Party shall have any further liability or obligation to
the other with respect to the Grant Award or this Agreement, except for any
liability or obligation which expressly survives the term of this Agreement
1.5 Use of Grant Award. Grantee may use the Grant Award disbursed to Grantee
by the City pursuant to the terms of this Agreement solely to pay for capital
expenditures as defined in Treas. Reg. Section 1.150-1' and may not be for
any other purpose including to pay for operating expenses, ordinary
maintenance and repairs, or to acquire equipment having a useful life of less
than one year Grant Award funds may be used to pay for costs of project
supervision by an owner's representative or by Grantee's own employees,
provided (i) such costs must constitute capital expenditures as defined in Treas.
Reg Section 1.150-1 and (ii) if an employee of Grantee or an affiliate provides
supervision, only such portion of such employee's base salary, employment
taxes and employer -provided benefits as is directly related to Project
supervision may be reimbursable with Grant Award funding, and Grantee shall
cause such employee to maintain daily time records so that an appropriate
allocation may be determined Not more than fifteen percent (15%) of the Grant
Award may be used to pay for architectural and engineering services required
to develop and submit all construction documents and other submittals
(including revisions) necessary to obtain all permits for the Project, as well as
all other so-called "design costs," including without limitation interior design,
lighting design, sound design and landscaping design. It is expressly
understood and agreed, that any building, structure or other site into which the
Project (including equipment acquired) is incorporated and, in whole or in part,
with the Grant Award must be open and reasonably accessible to the public
during reasonable and customary business hours, provide public exposure and
benefit the pubic unless otherwise noted in this Agreement. For at least twenty-
' Treas Reg Section 1 150-1(b) defines 'capital expenditure" as any cost of a type that is properly chargeable to capkal
account under general Federal income tax principles For example, costs incurred to acquire, construct, or improve
land, buildings, and equipment generally are capital expenditures
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UocuSign Envelope ID: DAIFWEb-bE30-4UDt-9b32-Fl<3ri[94U8
five (25) years from the completion of the Project, the Grantee shall (a) maintain,
repair, upgrade and/or replace the Project (or portion thereof) and, if applicable,
the facility into which the Project is incorporated; (b) keep the Project and, if
applicable, the facility into which the Project is incorporated, open during
reasonable and customary business hours to all Miami Beach residents and
members of the general public and (c) use the facility and/or equipment
acquired and/or improved under the Project for the benefit of the public. If the
Grant Award is for less than $1,000,000, then Grantee shall not be deemed in
breach of subparagraph (a) in the foregoing sentence if Grantee uses its best
efforts to secure the funding necessary to comply mth such obligations aril
nevertheless fails to secure such funding
1 6 Substantial Completion of the Protect Grantee shall use commercially
reasonable best efforts to ensure the Project achieves Substantial Completon
(as defined below) on or before August 2025. For purposes of this
Agreement, "Substantial Completion" means
(a) If the Project (or portion thereof) entails construction, the date when the
work constituting the Project, as certified in writing by the Grantee and
the lead Consuftant (i e , the 'architect of record" or the "engineer of
record," as the case may be), If any, has been developed, designed,
engineered and constructed In accordance with the applicable contract
documents such that all conditions of permits and regulatory agencies
have been satisfied and the Project is ready for occupancy, utilization
and continuous commercial operation for the uses and purposes
Intended by the Grantee, without material interference from incomplete
or improperly completed work and with only minor punch list items
remaining to be completed, all as reasonably determined by the
Consultant, arid evidenced by (1) the issuance of a Certificate of
Occupancy or Certificate of Completion by the authority having
jurisdiction (if applicable); (2) the issuance of a Certificate of Substantial
Completion by the lead Consultant for any portion of the Project for
which a Consultant was engaged, and/or (3) such other documentation
as the City 'Manager may reasonably request as evidence that the
Project has achieved Substant al Completion
(b) if the Project (or portion thereof) entails the purchase of equipment, the
date that such equipment has been installed in accordance with all
applicable manufacturer Instructions and bullding codes such that the
Grantee wil! be able to use such equipment for its Intended purpose(s).
On or before the Substantial Completon date of the Project, Grantee shall
submit to the City:
i applicable contract documents relating to the Project (or portion
ttvleuf),
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DocuSW Envelope ID: DAIFWEfi L30-4 X7t-96W+18t18829"
ii. copies of all agreements, permits, and licenses, and all insurance
policies or certificates, if any, pertaining to the Project (or portion
thereof);
ai. all manufacturers, suppliers' and subcontractors' warranties duly
assigned to Grantee (the "Warranties), and all maintenance and
operating instructions pertaining to the completed work; including the
standard manufacturer's warranty for all fixtures and equipment
purchased in relation to the Project (or portion thereof) and a minimum
one (1) year warranty for all work contracted or associated with the
Project. -
iv. bills of sale, purchase documentation, or assignments evidencing title
for the Project (or portion thereof) vesting in Grantee, and
any other documents or information which the City Manager may
reasonably request in connection with the Project.
1.7 Contractors and Desistn Consultants. The contractors hired by Grantee in
connection with the construction of the Project may be individually referred
to as a "Contractor" or collectively referred to herein as "Contractors". The
lead architect or lead engineer, as applicable, retained by Grantee in
connection with the design of the Project is referred to herein as the
"Consultant'. The Contractors and Consultant shall hold all required
licenses to perform the services under the contract and shall not be a
Contractor or Consultant who is currently debarred or otherwise not in good
standing with the City.
ARTICLE 2
BUDGET AND FUNDING
2.1 Project Cost. As referenced in this Agreement, the "Project Cost" shall mean
the hard and soft capital costs necessary for the construction of the Project
and/or the acquisition of equipment necessary to implement the Project.
Grantee has estimated that the total Project Cost shall be $750,000.00 (the
"Budget"), as more particularly set forth in Exhibit C hereto. Exhibit C reflects
all sources of funding for the Project, and the sum of such sources must equal
or exceed the Budget. Prior to the submission of any Reimbursement Request
(as defined below), Grantee shall supplement Exhibit C to include a cash flow
schedule detailing anticipated dates and amounts to be received from other
Project funding sources, if any, and estimated dates and amounts of payments
clue to the Consultant, Contractors and other third parties (the "Cash Flow
Schedule"). If at any time the Grantee anticipates that the actual Project Cost will
exceed the Budget, Grantee shall provide immediate written notice to the City
which shall include: (a) a revised, detailed cost estimate for the Project Cost
and (b) documentary evidence reasonably satisfactory to the City regarding
Grantee's sources of funding for all costs in excess of the Budget. Grantee
shall be permitted to modify the Budget to increase any line item(s) by
decreasing other line item(s) to account for changes in actual costs so long as
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DocuSgn Envelope ID DAIFBOLb-6E3"C)DE-9632-fiaLiBU9408
such modifications do not alter the scope of the original Project or reduce the
useful life of assets acquired with the Grant Award. If Grantee wishes to revise
the scope of the Project to enable d to complete the Project within the Budget, the
Grantee must obtain the approval of the City Commission.
2 2 Grantee Solely Responsible for Proiect Expenses and Cost Overruns The
Grantee agrees to be responsible for all work performed and all expenses
Incurred in connection with the Project. The Grantee may contract as
necessary to complete the Project, including entering into contracts with
vendors for services and commodities, provided that it is understood by the
Grantee that the City shall not be liable to any such vendors for any expenses
or liabilities Incurred pursuant to any contracts or agreements the Grantee may
enter into with such vendors, and that the Grantee shall be solely liable to all
such vendors for all expenses and liabilities incurred under such contracts or
agreements Without limiting the generality of the foregoing, the City shall
have no obligation to fund any Project Cost in excess of the Grant Award and
Grantee shall be solely responsible for any Project Cost in excess of the
Rudget as required and necessary to complete the Project
23 Grant Managers Each of the City and the Grantee shall designate an individual
to serve as grant manager (the 'City Grant Manager" arxi "Grantee Grant
Manager,' respectively). The initial City Grant Manager shall be tre Director of
the Faulities arxl Fleet Management Department and the initial Grantee Giant
Manager shall be Grantee's Chief Financial Officer and Sr. Vice President for
Finance and Administration If a different grant manager is designated by either
Party after execution of this Agreement, notice of the name and contact
information of the new grant manager will be submitted in writing to the other Party
and maintained in the respective parties' records A change of grant manager does
not require a formal amendment or change order to the Agreement
24 Administration of Grant Award by Grantee. The Grantee shalt administer the Grant
Award responsibly and in accordance with reasonable general accounting
standards, including by developing and adhering to a Project budget based upon
reasonable estimates of expenditures necessary to complete the Project within
the Budget All expenditures will be subject to the terms of this Agreement
25 Reimbursement Requests, Monthly Progress Retorts and Payments Subject
to the terms and conditions of this Agreement, the Grant Award shall be paid
by the City to Grantee as follows
a. The Grant Award shall be paid to Grantee in installments on a
reimbursement basis (each such installment, a "Grant Disbursement") In
order to request a Grant Disbursement, Grantee shall submit to the City a
completed, signed and notarized reimbursement request. in the form attached
as Exhibit E hereto (or such other form as the City may require)(each, a
'Reimbursement Request"), along with (i) the monthly status report described in
subsection (d), below and (ii) all appropriate supporting documentation,
including, without limitation, the applicable contract (including the schedule of
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values), licensing and insurance information for Contractors, Contractor
payment applications, estimate(s).invoice(s), evidence of payment (receipts),
warranty information and any other documentation with respect to the Project
which may be requested by the City Grant Manager (collectively, the items
identified in (i) and (ii), the "Supporting Materials"). Any Reimbursement
Request for purchases of equipment, materials or personal property shall
require (A) that the purchase of such equipment, materials or personal
property qualify as a capital expenditure pursuant to Treas. Reg. Section
1.150-1(b) and related I.R. S. guidance, as determined by the City in its sole
discretion, and (B) documentation that such equipment, materials and/or
personal property have been delivered to Grantee, and are in Grantee's
possession, in Miami Beach, Florida, as conditions precedent to payment. The
Grantee shall be solely responsible for submitting all documentation required
by this Agreement.
b Project Costs shall be identified, tracked, accounted for, invoiced,
and paid by Grantee in a manner that clearly distinguishes the Project Costs
from other costs incurred by Grantee The City shall make Grant Disbursement
to the Grantee by check or wire transfer, as the City determines in its sole
discretion. Grantee shall submit to the City Grant Manager a Reimbursement
Request together with all Supporting Materials on or before the 15th of each
month for any sums expended in connection with the Project for the preceding
month. Provided that an uncured default does not exist, and that Grantee is otherwise
in compliance with the terms of this Agreement, the City will make the Grant
Disbursement within twenty-five (25) business days of its receipt of an
acceptable Reimbursement Request and all Supporting Materials Grantee
understands and agrees that reimbursements to the Grantee will be made
solely in accordance with applicable state and federal laws. Any and all
reimbursement obligations of the City shall be fully subject to and contingent
upon the availability of funding solely from the GOBAC Program funds.
c Grantee shall also be responsible for reporting, on a continuous,
on -gang basis any contractual relationship established to perform work or
services on the Project, including start date and project schedule, reflecting a
target Substantial Completion date not later than August 2025 in the Monthly
Status Report Additional reports may be required at the discretion of the City
Manager or her designee.
d To demonstrate that the Grant Award has been used in accordance
with the description of the Project as reflected in Exhibit "B" and the Budget as
outlined in Exhibit "C and that Grantee has met and fulfilled all requirements as
outlined in this Agreement, Grantee shall submit a Monthly Status Report to the
City on or before the 151i day of each month (whether or not a Reimbursement
Request is Submitted), to include, at a minimum, (i) a brief narrative describing
the Project status, (ii) a spreadsheet reflecting the actual expenditures as of
the end of the preceding month compared against the Budget, (01) an updated
Project schedule, if applicable, and (iv) a certification by an officer of Grantee
that Grantee is meeting or has fulfilled all Project and financial requirements.
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2.6 bank Accounts. Monies received pursuant to this Agreement shall be kept 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
Award funds from the banking institution identified in the hank account disclosure
2.7 Expenditure Deadline The Grantr>P shall spend or commit all of the Grant Award
on or before three (3) years from the grant execution date (the 'Expenditure
Deadline'). Any Grant Award funds not spent or committed by the Expenditure
Deadline or for which a Project extension has not been requested shall revert to
the City and this Agreement shall be terminated in accordance with the provisions
of this Agreement. A Project extension may be requested In writing from the City
Manager at least thirty (30) business days prior to the Expenditure Deadline The
City Manager may, in her sole discretion, grant an extension of up to one (1) year
from the Expenditure Deadline so long as such extension will not significantly alter
the Project Including Its quality, impact, or benefit to the organization, the City or
its residents. Additional extensions (not to exceed one (1) year in any event) may
be authorized by the City Commission if the Grantee can document in a written
request sufficient Project progress and good cause for such additional extension.
2.8 Payment Does Not Constitute Waiver of Claims Qr WAffAntigl.
Notwithstanding anything contained in this Agreement, payment of the Grant
Award shall not constitute a waiver of claims by the City for: (i) faulty or defective
work or product(s); (ii) failure of the work to be in strict accordance with the
approved final plans and specifications for the Project; or (ii) the terms of any
warranties required by the applicable contract documents. The Grantee shall
use best efforts to process and resolve claims for defects and/or warranty
issues expeditiously. All warranties shall commence on the date of Substantial
Completion of the Project (or portion thereof), unless otherwise provided.
2.9 Annual Report. In addition to the monthly reports required pursuant to Section
2.5(d), above, Grantee shall submit on or prior to September 30th of each year
from the date of execution of this Agreement through the expiration or termination
of this Agreement, a written report to the City Manager demonstrating that Grantee
is fulfilling its purpose and has complied with all applicable City, Miami -Dade
County, state and federal requirements The City Manager may also request that
a compilation statement and/or independent financial audit and accounting for the
expenditure of the Grant Award funds be prepared by an independent certified
public accountant at Grantee's expense.
2.10 Final Report. In addition to the monthly and annual reports required pursuant to
Sections 2.5(d) and 2.9, above, within thirty (30) days of completion of the Project,
the Grantee shall submit a final written report to the City Manager demonstrating
that Grantee is fulfilling its purpose and has complied with all applicable City,
Miami -Dade County, state and federal requirements, and which report shall
indude, at a Inininlum (a) the date the Pluiect (ol area of the fatality inwrpolatiny
the Project) was placed in service (b) the useful life of the Project, and (c) the
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amount of the Grant Award applied for each asset or improvement constituting the
Project
2 11 Failure to Submit Reports. Failure by the Grantee to submit the reports required
pursuant to Section 2.5(d), 2.9 and 2.10 shall constitute a default, and the City
Manager may, suhject to any applicable cure perind set forth in Article 6, terminate
this Agreement in accordance with the provisions of Article 6. Further, the City
Manager must approve thPcw reports for the Grantee to be deemed to have met
all conditions of the Grant Award.
ARTICLE 3
MONITORING AND AUDITING
31. Program Monitoring and Evaluation. Commencing on the date of commencement
of construction for the Project (or if the Project does not entail construction,
commencing upon receipt of the first Reimbursement Request) and continuing
through the date that is twenty-five (25) years following completion of the Project,
the City Manager may monitor and conduct an evaluation of the Grantee's Project,
which may include visits, upon reasonable notice, by City representatives to:
observe the construction and implementation of the Project, to evaluate the public
impact of the Project and to confirm Grantee's compliance with the terms of this
Agreement, including without limitation the requirements set forth in Section 1.5
and Exhibit U. Upon request, the Grantee shall provide the City Manager with
notice of all general activities that benefit the public and Project -related events. In
the event the City Manager concludes, as a result of such monitoring and/or
evaluation, that the Grantee is not in compliance with the terms of this Agreement,
then the City Manager must provide in writing to the Grantee, within thirty (30)
business days of the date of said monitoring/evaluation, notice of the inadequacy
or deficiencies noted which may significantly impact on the Grantee's ability to
complete the Project within a reasonable time frame or otherwise fulfill the terms
of this Agreement If Grantee refuses or is unable to address the areas of concern
within thirty (30) calendar days of receipt of such notice from the City Manager,
then the City Manager may, in her sole discretion, take other actions which may
include reduction or rescission of the Grant Award, or withholding Grant Award
funds until such time as the Grantee can demonstrate that such issues have been
corrected. Further, in the event that the Grantee uses any portion of the Grant
Award for costs not associated with the Project or that do not constitute capital
expenditures (collectively, "Non -Project Costs") and the Grantee refuses or is
unable to replace the amount so used into the Grant Award bank account within
thirty (30) calendar days from the date such unauthorized use is discovered, then
the City Manager may request the return of such portion of the Funding Allocation
award as was used to pay for Non -Project Costs. The City Manager may also
institute a moratorium on applications from the Grantee to City grants programs
for a period of up to one (1) year or until the deficient areas have been addressed
to the satisfaction of the City Manager, whichever occurs first.
32. Accounting, Financial Review. Access to Records and Audits by City Mana_qer
The Grantee shall maintain accurate and complete books and records for all
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receipts and expenditures of the Grant Award and the Project in conformance with
reasonable general accounting standards (the "Grant Books and Records'). The
Grant Books and Records, as well as all documents pertaining to payments
received and made in conjunction with the Grant Award, such as vouchers, bills,
invoices, receipts and canceled checks, shall be retained in a secure place and in
an orderly fashion in a location within the City of Miami Beach by the Grantee for
at least three (3) years after the later of- (a) the Expenditure Deadline specified in
Section 2.6, (b) the extended Expenditure Deadline, as approved by the City
Manager, if any; (c) the completion of a City requested or mandated audit or
compliance review; or the (d) conclusion of a legal action involving the Grant
Award, the Grantee wxNor Project or activities related to the Grant Award (the
period determined pursuant to the foregoing, the "Audit Period'). The Grantee
shall use reasonable commercial efforts to maintain the Grant Books and Records
in such a manner that it will not be unduly costly or difficult for the City to segregate,
ascertain or identify the use of the Grant Award and to determine Grantee's
compliance with the terms and conditions of the Grant during an audit by the City.
The City Manager may examine the Grant Books and Records 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 City Manager may, upon reasonable notice and at the City's expense, audit or
have audited all financial records of the Grantee, whether or not Ixirported to he
related to the Grant Award or the Project.
33 Inspector General. Pursuant to Section 2-256 of the Code of the City of Miami
Beach (ttie "Code"), the City has established the Office of the Inspector General
("OIG") which may, pursuant to Section 2-256(f) of the Code, review, audit,
inspect, and investigate city contracts, programs, projects, procurements, and
expenditures associated with all general obligation bonds issued by the City,
including but not limited to the Bonds. This random audit is separate and distinct
from any other audit performed by or on behalf of the City. In connection with the
forego! ng
a Grantee acknowledges that the OIG shall be authorized to review, audit,
inspect and investigate the Grant Books and Records and all related financial
records of Grantee. In addition. the Inspector General shall have the power
to subpoena witnesses, administer oaths, require the production of witnesses
and monitor City projects and programs. Monitoring of the Grant Award and
the Project may include the issuance of reports concerning whether the Project
is on time, within Budget and in conformity with plans, specifications, other
contract documents and applicable law.
At any time during the Audit Period and upon ten (10) days written notice to
Grantee, the Grantee (and any other party that is suoject to these provisions)
shall make the Grant Books and Records and any other documents and
records in the Grantee's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of this Agreement, including,
but not limited proposals and agreements from and with successful contractors
and design consultants, all Project -related correspondence, memoranda,
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instructions, financial documents, construction documents, and contract
documents, and any supporting documentation for the foregoing.
The OIG shall have the power to report and/or recommend to the City
Commission whether the Project or any related program, contract or
transaction is or was necessary and. if deemed necessary, whether the
method used for implementing the Project or related program, contract or
transaction is or was efficient both financially and operationally. Monitoring of
the Protect may include reporting whether the project is on time, within budget
and in conformity with plans, specifications, and applicable law. The OIG shall
have the power to analyze the need for, and reasonableness of, proposed
change orders
d. The OIG is authorized to investigate any alleged violation by Grantee of the
City's Code of Conduct, as set forth in Chapter 2, Article VII of the Code.
e. The OIG is empowered to retain the services of independent private sector
auditors to conduct one or more of the functions set forth in this Section 3.3
f The provisions in this section shall apply to the Grantee, its contractors and
their respective officers, agents and employees. The Grantee shall
incorporate the provisions in this Section 3.3 in all contracts and other
agreements executed by its contractors in connection with the performance of
this Agreement.
g. Nothing in this Section 3.3 shall impair any independent right to the City to
conduct audits or investigative activities, including without limitation, the City's
audit rights pursuant to Section 3.2. The provisions of this Section 3.3 are
neither intended nor shall they be construed to impose any liability on the City
by the Grantee, its contractors or third parties for such monitoring or
investigation or to the failure to have conducted such monitoring or
investigation and neither the City nor the OIG shall have any obligation to
exercise any of its respective rights for the benefit of the Grantee.
ARTICLE 4
INSURANCE AND INDEMNIFICATION
4.1 Insurance Requirement for Grantee. Grantee shall provide, or cause to be
provided, and maintain, or cause to be maintained, in force at all times durirg
the Project, at its sole cost and expense, the following types of insurance
coverage throughout the Term of the Agreement or until final acceptance of
the Project, whichever is later.
Worker's Compensation Insurance as required by Florida Statute 440, with
Erirpluyer's Lidbdity Insurance, with nu less than $1,000,000 per accident
for bodily injury or disease, and
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b. Commercial General Liability Insurance on an occurrence basis,
contractual liability, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence
and $2.000,000 aggregate.
42 Insurance Reouirement for Contractors. Each Contractor for the construction
of the Project (or any portion) shall purchase and maintain the following
insurance coverages:
a. Worker's Compensation Insurance as required by Florida Statute 440, with
Employee's Liability Insurance, with no less than $1.000,000 per accident
for bodily injury or disease;
b. Commercial General Liability Insurance on an occurrence basis,
contractual liability, property damage, bodily injury and personal &
advertising injury with limits no less than $1,000,000 per occurrence
and $2,000,000 aggregate.
c. Automobile Liability Insurance covering all owned, non -owned and
hired vehicles used in connection with the work, in an amount not less
than $1,000,000 combined single limit per occurrence, for bodily injury
and property damage;
d. Builder's Risk insurance utilizing an "All Risk" coverage form, with limits
equal to the completed value of the contract for the construction of the
Project and no coinsurance penalty provision. The City of Miami Beach
and Grantee shall be a Loss Payee with respect to this coverage.
e A payment and performance bond (the "P&P Bond") of the form and
containing all the provisions set forth in this Section. The P&P Bond
shall be in the form of dual obligee bonds from the Contractor, naming
the City and Grantee as dual obligees. The P&P Bond shall be in the
amount of one hundred percent (100%) of the contract amount,
guaranteeing to City and Grantee the completion and performance of
the work under the contract and payment of all subcontractors. The P&P
Bond shall continue in effect for one year after completion and
acceptance of the Project with liability equal to one hundred percent
(100%) of the cost of the work, or an additional P&P Bond shall be
conditioned that Grantee will, upon notification by City, correct any
defective or faulty work or materials which appear within one year after
completion of the Work. The surety company shall have at least the
following minimum ratings in the latest revision of Besrs Insurance
Report -
Amount of Bond Ratings Category
500,001 to 1,020,000 B+ Class 1
1,020,001 to 2,000,000 B+ Class II
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2.000,001 to 5,000,000
A
Class IN
5,000,001 to 10,000,000
A
Class IV
10,000,001 to 25,000,000
A
Class V
25,000,001 to 50,000,000
A
Class VI
50,000,001 or more
A
Class VII
4.3 Insurance Requirement for Consultant. The Consultant shall provide, or
cause to be provided, and maintain, or cause to be maintained, in force at
all times during the Project the tollowing insurance coverages:
Professional Liability Insurance with limits of liability provided by
such policy not less than One Million Dollars ($1,000,000.00) each
claim to assure City the indemnification specified in Section 4.4. Such
policy may carry a commercially reasonable deductible, not to exceed
One Hundred Thousand Dollars ($100,000.00) for each claim. The
Certificate of Insurance for Professional Liability Insurance shall
reference the applicable deductible and the Project
b. Comprehensive General Liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability and Two Million Dollars
($2,000,000) aggregate.
4.4 General Provisions Applicable to Insurance. The following provisions shall
apply to insurance required to be provided by the Grantee, Contractors and
Consultant.
a. 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
Grantee.
b. Grantee hereby grants, and shall cause each Contractor and the
Consultant to grant, a waiver of any right to subrogation which any insurer
of Grantee, Contractor or Consultant may acquire against the City of Miami
Beach by virtue of the payment of any loss under such insurance. Grantee
agrees to obtain, and shall cause each Contractor and the Consultant to
obtain, any endorsement that may be necessary to effect 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.
c Insurance is to be placed with insurers with a current A M. Best's rating
of no less than ANII, unless otherwise acceptable to the City of Miami
Beach Risk Management Office.
d. Grantee shall provide the required insurance certificates, endorsements or
applicable policy language effecting coverage required by this Section. All
certificates of insurance and endorsements are to be received prior to any
work commencing. However, failure to obtain the required coverage prior
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to the work beginning shall not excuse Grantee's obligation to obtain (and
to cause its Contractors and the Consultant to obtain) the required
coverages. 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.
e. The City of Miami Beach reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Certificate Holder
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
MUMETA, CA 92564
All certificates of insurance, endorsements, exemption letters shall be
submitted to the City's servicing agent, EXIGIS, at:
f. Compliance with the foregoing requirements shall not relieve the Grantee of
its liability and obligation under this section or under any other section of
this agreement.
4.5 Indemnification by Contractors and Consultant. Any contract between Grantee
and its Contractors with a contact price that is equal to or greater $50,000 and the
architect's agreement between Grantee and Consultant with fees in excess of
$9,000 shall provide that Contractor or Consultant (as applicable) shall defend,
indemnify and save harmless the City, its officers, agents and employees, from or
on account of any injuries or damages, received or sustained by any person or
persons during or on account of any construction activities of Contractor or
Consultant (as applicable), or any of its subcontractors, subconsultants, agents,
servants, or employees connected with the Project; or by or in consequence of any
negligence of Contractor or Consultant (as applicable), or any of its
subcontractors, subconsultants, agents, servants, or employees (excluding
negligence of the City), in connection with the construction activities of Contractor
or Consultant (as applicable), or any of its subcontractors, subconsultants, agents,
servants, or employees connected with the Project; or by use of any improper
materials or by or on account of any act, error or omission of Contractor or
Consultant (as applicable) or any subcontractor, subconsultants, agents, servants
or employees, except to the extent any such injuries or damages are caused by
City The contracts between Grantee and its Contractors and the architect's
agreement between Grantee and the Consultant shall further provide that
Contractor or Consultant (as applicable) shall indemnify and save harmless City
(a) against any claims or liability arising from or based upon the violation of any
City Miami -Dade County, state or federal laws, bylaws, ordinances or regulations
by Contractor, its subcontractors, agents, servants or employees (excluding
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negligence of City); and (b) from all such claims and fees, and from any and all
suits and actions of every name and description that may be brought against City
on account of any claims, fees, royalties, or costs for any invention or patent, and
from any and all suits and actions that may be brought against City for the
infringement of any and all patents or patent rights claimed by any person, firm, or
corporation. The contracts between Grantee and its Contractors and the
architect's agreement between the Grantee and the Consultant shall provide that
the Contractors' and Consultant's indemnification obligations to the City shall
survive the expiration or termination of such agreements.
4.6 Indemnification by Grantee. The Grantee shall indemnify and hold harmless the
City and its officers, employees, agPnts and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which
the City or its officers, employees, agents or instrumentalities may incur as a result
of claims, demands, 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.
subconsultants or subcontractors. Grantee shall pay all claims and losses in
connection therewith and shall investigate and defend all Bairns, suits, or actions
of any kind cx nature ar the name of the City, where applicable, ineJuding 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 by the Grantee shall
in no way limit the responsibility to indemnify, keep and save harmless and defend
the City or its officers, employees, agents and instrumentalities as herein
provided. Grantee's nhligation to indemnify the City pursuant to the foregoing
shall survive the expiration or termination of this Agreement. Grantee recognizes
the broad nature of this indemnification and hold harmless clause, and voluntarily
makes this covenant and expressly acknowledges the receipt of good and
valuable consideration, provided by the City in support of the obligation in
accordance with the laws of the State of Florida. Nothing herein shall be construed
to waive any of the City's rights set forth in Section 768.28, Florida statutes.
Nothing contained in this Agreement shall be deemed a waiver of sovereign
immunity by the City. This paragraph shall survive the expiration or early
termination of this Agreement. If Grantee is an agency or subdivision of the State
of Florida, the foregoing provisions shall be subject to any applicable provisions
of Section 762.28 that may apply to Grantee.
47 Indemnification Obligation Includes Defense Through Appeals nor the avoidance
of doubt, the indemnification provided above shall obligate each Contractor, the
Consultant or Grantee (as applicable) to defend at its own expense to and through
appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at City's option, any and all claims of liability and all suits and actions of every
name and description that may be brought against City which may result from the
operations and activities under or as a consequence of this Agreement performed
by the applicable indemnitor and its respectivesubc:ontractors, subconsultants, and
anyone directly or indirectly employed by such indemnitor.
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ARTICLE 5
COMPLIANCE
5.1 Compliance with Laws. In its performance of this Agreement, Grantee shall
comply with all applicable laws, ordinances, and regulations of the City, Miami -
Dade County, the State of Florida, and the federal government, as applicable.
5.2 No Discrimination In connection with the Project, Grantee shall not exclude
from participation in, deny the benefits of, or subject to discrimination anyone
on the grounds of race, color, national origin, sex, age, disability, religion,
income or family status. Additionally, Grantee shall comply fully with the City
of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the Code,
as may be amended from time to time, prohibiting discrimination in
employment, housing, public accommodations, and public services on
account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, serial orientation, marital and familial status,
age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, or political affiliation.
5.3 Compliance with County's Conflict of Interest and Code of Ethics Ordinance.
Grantee herein agrees to adhere to and be governed by all applicable laws
as it relates to conflicts of interest including, without limitation, Section 2-11.1
of the Code of Miami -Dade County (the County's Conflict of Interest and Code
of Ethics Ordinance), as may be amended from time to time, and by Chapter
2, Article VII of the Code, as may be amended from time to time (collectively,
the "Conflict Statutes"), both of which are incorporated by reference as if fully
set forth herein. Grantee covenants that, in connection with its performance
of this Agreement, it presently has no interest and shall not acquire any
interest, directly or indirectly, which could constitute a conflict of interest, as
described under the Conflict Statutes. Grantee further covenants that in the
performance of this Agreement, Grantee shall not employ any person having
any such conflict of interest.
54 Compliance with Florida Public Records Law. Grantee shall comply with
Florida Public Records law under Chapter 119, Florida Statutes, as may be
amended from time to time, as follows:
"Public Records' Defined. 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
b Oblgations of 'Contractors" as defaied under Florida Public Records Act.
Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets
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the definition of "Contractor" as defined in Section 1 19.0701(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,
(N) Upon completion of the Agreement, transfer, at no cost to the City,
all public records in possession of the Grantee or keep and maintain
public records required by the City to perform the service. If the
Grantee transfers all public records to the City upon completion of the
Agreement, the Grantee shall destroy any duplicate public records
that are exempt or confidential and exempt from public records
disclosure requirements. If the Grantee keeps and maintains public
records upon completion of the Agreement, the Grantee shall meet
all applicable requirements for retaining public records. AN 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.
c. 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 Grantee of the request, and the Grantee must provide the
records to the City or allow the records to be inspected or copied
within a reasonable time
(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) avail itself of the remedies set forth under the
Agreement, and/or (2) avail itself of any available remedies at law or
in equity.
(m) If Grantee who fai's to provide the public records to the City within a
reasonable time, it may be subject to penalties under Section 119.10.
Florida Statutes.
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d Civil Action.
(i) If a civil action is filed against Grantee ID compel production of public
records relating to the Citys contract for services, the court shall
assess and award against Grantee the reasonable costs of
enforcement. including reasonable attorney fees, if:
A. The court determines that 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 Grantee.
(ii) A notice complies with subparagraph (1)(b) if it is sent to the City's
custodian of public records and to 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
ceftifi&J mail, with postage or shippiny paid by the seWer artd
with evidence of delivery, which may be in an electronic format.
(iii) If Grantee complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement
e Questions. 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: RAFAELGRANADOtZDMIAMIBEACHFLGOV
PHONE: 306-673-7411
ARTICLE 6
DEFAULT AND REMEDIES
6.1 Events of Default. Each of the following shall constitute a default by Grantee.
a. If Grantee uses all or any portion of the Grant Award for costs not
associated with the Project and Grantee fails to ref<Ind the unauthorized
iG
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disbursement within thirty (30) days after written notice of the default is
given to Grantee by the City.
If Grantee shall breach any of the other covenants or provisions in this
Agreement, without regard to materiality, and Grantee fails to cure its
default within thirty (30) days after written notice of the default is given to
Grantee by the City; provided, however, that if not reasonably possible to
cure such default within the thirty(30) day period, such cure period shall be
extended for up to ninety (90) days following the date of the original notice,
if within thirty (30) days after such written notice, Grantee commences
diligently and thereafter continues to cure.
6.2 Remedies
a. Upon the occurrence of a default described in Section 6.1(a) and/or the
occurrence of a breach of any material covenant or provision of this
Agreement, and such default is not cured within the applicable cure period
in Section 6.1(a) or 6.1(b), respectively, the City, in addition to all other
remedies conferred by this Agreement, may require that Grantee
reimburse the City for all Grant Award funding provided by the City
hereunder. At the City's sole discretion, the City may, from amounts
otherwise appropriated to Grantee (or due to Grantee pursuant to any other
agreement), withhold, deduct or set off any amounts that the City
reasonably believes are sufficient to reimburse the City for any default
under this Agreement.
b. The City may institute litigation to recover damages for any default or to
obtain any other remedy at law or in equity (including specific performance,
permanent, preliminary or temporary injunctive relief, and any other kind
of equitable remedy).
Upon the occurrence of a default by Grantee which remains uncured within
the time periods provided in Section 6.1, the City may terminate this
Agreement, upon written notice to Grantee Upon termination of this
Agreement under this section, the City shall have no further liability or
obligation to Grantee Grantee understands and agrees that termination of
this Agreement under this section shall not release Grantee from any
obligation occurring prior to the effective date of termination.
d. In the event Grantee fails to reimburse the Grant Award to the City as
required by subsection a, in addition to all other remedies conferred onto
the City under this Agreement, Grantee agrees to transfer to the City all
title and interest in and to any personal property that has been purchased
With Grant Award funds but not installed as a fixture.
e. Any failure of the City to exercise any right or remedy as provided In this
Agreement shall not be deemed a waiver by the City of any claim for
damages it may have by reason of the default
IF
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f. The rights and remedies of the City are cumulative and the exercise by the
City of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default.
ARTICLE 7
GENERAL PROVISIONS
71 Relationship of the Parties It is expressly understood and intended that the
Grantee, as the recipient of GOBAC Program funds, is not an officer,
employee or agent of the City, the City Commission, nor the City
department(s) administering the GOBAC Program or the Grant Award.
Further, for purposes of this Agreement, the Project or activity, the parties
hereto agree that the Grantee, its officers, agents and employees are
independent contractors and solely responsible for the Project 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 that they are, agents, servants, joint venturers, collaborators or
partners of the City, the City Commission or the department(s) administering
the GOBAC Program or the Grant Award. No Party or its officers, elected or
appointed officials, employees, agents, independent contractors or
consultants shall be considered employees or agents of any other Party, nor
to have been authorized to incur any expense on behalf of any other Party,
nor to act for or to bind any other Party, nor shall an employee claim any right
in or entitlement to any pension, workers' compensation benefit,
unemployment compensation, civil service or other employee rights or
privileges granted by operation of law or otherwise, except through and
against the entity by whom they are employed.
7.2 Entire Agreement This Agreement states the entire understanding and
agreement between the Parties and supersedes any and all written or oral
representations, statements, negotiations or agreements previously existing
between the Parties with respect to the subject matter of this Agreement The
parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
Agreement, and that this Agreement contains the entire agreement between
the parties as to all matters contained herein. Accordingly, (a) no deviation
from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written and (b) any oral representations or
modifications concerning this Agreement shall be of no force or effect.
7.3 amendment. This Agreement may be amended only with the written approval
of the Parties. The City Manager, on behalf of the City, shall have authority to
amend or modify this Agreement, including any changes to the budget for the
Project, provided that the changes do not materially change the scope of the
Project and the amount of the Grant Award is not increased (except in the
manner allowed pursuant to section 1.2).
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7.4 No Assignment. The Grantee is not permitted to assign this Agreement or any
portion thereof. Any purported assignment will render this Agreement null and
void and subject to immediate rescission of the full arTwunt of the Grant Awa►d
and reimbursement by the Grantee of its full value to the City.
7.5 Waiver. No waiver shag be effective unless in writing and signed by the Party
aqainst whom enforcement is sought. Such waiver shag he limited to provisions of
this Agreement specifically referred to herein and shag not be deemed a waiver of
any other provision No waiver shall constitute a continuing waiver unless the
writing states otherwise. Failures or waivers to insist on strict performance of any
covenant, condition, or provision of this Agreement by the Parties, their successors
and assigns shag not be deemed a waiver of any of its rights or remedies, nor shall
it relieve the other Party from performing any subsequent obligations strictly In
accordance with the terms of this Agreement.
7.6 Time of the Essence. The Parties agree that time is of the essence in the
performance of each and every obligation under this Agreement.
7.7 No Third -Party Beneficiary Rights. The terms of this Agreement inure to the
benefit of only those Parties named herein. This Agreement is not intended
to and shall not be construed to give any third party any interest or rights,
including without limitation third -party beneficiary rights, with respect to or in
connection with any agreement or provision contained herein or contemplated
hereby.
7.8 Notices. Any notice, consent or other communication required to be given
under this Agreement shall be in writing, and shall be considered given when
delivered in person or sent by facsimile or electronic mail (provided that any
notice sent by facsimile or electronic mail shall simultaneously be sent
personal delivery, overnight courier or certified mail as provided herein), one
(1) business day after being sent by reputable overnight carrier or three (3)
business days after being mailed by certified mail, return receipt requested, to
the parties at the addresses set forth below (or at such other address as a
party may specify by notice given pursuant to this Section to the other party),
The City
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Director of Facilities and Fleet Management Department
With copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Attorney
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DocuSgn Envelope ID DA1F80E6-6F30-40DE-9632-FIaEIB829408
The Grantee:
The Florida International University Board of Trustees,
on behalf of The Jewish Museum of Florida -Florida International University
301 Washington Avenue
Miami Beach, FL 33139
Attn. Susan Gladstone
79 Further Acts. In addition to the acts recited in this Agreement, the Parties
agree to perform, or cause to be performed, any and all such further acts as
may be reasonably necessary to consummate the transactions contemplated
hereby Each of the Parties agrees that it will execute and deliver all such
documents and instruments as may be necessary and appropriate to
effectuate the terms of this Agreement
7 10 Partial Invalidity. In the event that any provision of this Agreement is declared
by any court of competent jurisdiction or any administrative judge to be void
or otherwise invalid, all of the other terms, conditions and provisions of th s
Agreement shall remain in full force and effect to the same extent as if that
part declared void or invalid had never been incorporated in the Agreement
and in such form, the remainder of the Agreement shall continue to be bindng
upon the Parties
7 11 Counterparts, Electronic Signatures. This Agreement may be executed in
counterparts and by electronic signature (e g via DocuSign, accompanied by
the confirming e-signature certificate) and may be transmitted by facsimile
copy or e-mailed PDF file, each of which when so executed and delivered shall
be deemed to be an original and all of which, when taken together, shall
constitute one and the same instrument Upon request by any party receiving
an executed counterpart by facsimile or PDF (by a mail) to also receive an
ink -signed original, the other party shall provide ofiginal ink -signed signature
pages as soon as practicable, but failure to do so shall not affect the validity
enforceability, or binding effect of this Agreement
7 12 Optional Mediation. In the event a dispute arises, that the Parties cannot
resolve between themselves, the Parties shall have the option, but not the
obligation, to submit their dispute to mediator. The mediator or mediators
shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties.
7 13 Governing Law, Venue, Attorneys' Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida without
rega,d to is conflict of laws principles The City and Grantee agree to submit
to service of process and jurisdiction of the State of Florida for any controversy
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or claim arising out of or relating to this Agreement or a breach of this
Agreement. Venue for any court action between the Parties for any such
controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit In and for Miami -Dade County, Florida. or In the United States
District Court for the Southern District of Florida, in Miami -Dade County,
Florida.
714 Force MaipurP Whenever a period of time is herein prescribed for the taking
of any action by a Party hereunder, such Party shall not be liable or
responsible for any delays (including, without limitation, any delay by the City
in making the Reimbursement, nor shall such Party be obligated to perform
hereunder, nor deemed to be in default hereunder, if the required action or
performance of a Party Is prevented due to strikes, hots, acts of God, shortages
of labor or materials, epidemics, pandemics, war, goverrvnental laws,
regulations or restrictions, or any other cause whatsoever heyond the control
of such Party.
7.15 Captions. Captions as used in this Agreement are for convenience of
reference only and do not constitute a part of this Agreement and shall not
affect the meaning or interpretation of any provisions herein.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
names by their duly authorized officials as of the date first set forth above.
ATTEST:
DEC 2 0 2023
Rafael e. Granado
City Clerk
ATTEST:
C
U*Wb*uty General Comsei
Rafael Prohias
Print Name
CITY OF MIAMI BEACH, FLORIDA
i
T. Hudak
Manager
/It,
Florida International University Board of
Trustees, on behalf of The Jewish Museum
of Florida -Florida Intemational University
1 4&..y-5
tff0WV&I Officer
Aime Martinez
Print Name
24
AWKNWAs 10
F*W d LANGUTAQ
Q FUR MCU 110N
Epp—, IIAMM23
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EXHIBIT A
DESCRIPTION OF GRANTEE'S OPERATIONS AND PUBLIC PURPOSE
The Jewish Museum of Florida-FIU (JMOF-FIU) shares the story of over 250 years of Florida Jewish
history, art, and culture with all members of Miami Beach's vibrant community. Our goal is to explore
and illustrate the richness and diversity of Jewish life as well as the unique ways in which Florida Jews
influence and are influenced by the historic and cultural dynamics of Florida, the nation, and the world.
JMOF-FIU is also dedicated to multicultural education and, through the lens of Florida Jewish history,
seeks to highlight issues of discrimination against all marginalized people Through exhibitions, public
programs, and our extensive archival collection, we demonstrate how the challenges of the immigrant
experience are shared by all ethnic groups in Florida.
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EXHIIT B
PROJECT DESCRIPTION
In order to improve the museum experience for local and international visitors alike, JMOF-FIU seeks
$750,000 as part of the City of Miami Beach's GO Bond Program. Funding will go toward five future -
focused improvements 1) the design and installation of a new LED lighting system in each of our
three galleries, 2) the repair and upgrade of exterior walls, including painting, repair of our historic
railings, and installation of a wheelchair accessible ramp at the front of the museum, 3) the installation
of a new exterior lighting system to highfight the beauty and sign ficanoe of the historic building in the
South of Fifth neighborhood and additional landscape, 4) the installation of parking lot security gates,
and 5) the redesign and remodel of our collections and storage department.
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EXHIBIT C
BUDGET, FL94DM SOURCES AND CASH FLOW SCHEDULE
Upon receipt, funds can be deployed for construction and development within the range of six to
twelve months. It is estimated that the aforementioned improvements will take approximately one to
two years to complete.
Exterior IMiuiuveinents Landscape
S
10,000
Tree Removal/replanting
$
10,000
6 new sconces
S
5,000
Lawn sprinkler
$
5,000
Replace Tile on Front Steps
$
35,000
New & refurbish railings
$
10,000
Exterior lighting - parkingLED
$
7,500
Exterior lighting - building
$
35,000
Replace Sign Board
$
11500
Parking lot security fences
$
50,000
Security Bollards
$
35,000
Paint exterior
$
50,000
Emergency generator
S
60,000
Collections
Repair and paint stairwell
$
2,500
Replace flooring
$
;,Ono
Replace furniture
$
7,500
Create Storage
$
3,S00
Replace lighting LED
$
1,000
Paint
$
2,000
Window coverings
$
1,000
Fire Protection upgrade at Collections
$
15,000
301 Building
Install new lighting control system in Gallery
$
10,000
New exhibit & cove lighting fixtures LED
$
50,000
Purchase new man lift
$
15,000
Repair and paint stairwells and lower areas
S
10,000
PUMP system upgrade
$
5,000
Lighting at stain glass interior
$
5,000
311 Budding
Install new lighting control system in Gallery $
10,000
New exhibit lighting fixtures LED
$
2 5, 000
Create Storage in 311 Lobby
S
4,000
Kitchen/Receiving
Replace Dish washer
$
1,000
Build storage Cabinets
$
8,000
BMG
Upgrade Lighting Lxhibits
$
15,000
Acoustical upgrades
$
20,000
Contingency
$
42,600
S
573,100
Architectural Plans
10%
$
57,310
Permits
$
4,970
GC OH&P
20%
$
114,620
TOTAL
$
750,000
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Phase 1
Cash Flow- All projects to be completed by August 2025, in 5 phases
Phase one- Museum Exterior
Landscape
$ 10,000
Tree Removal/replanting
$ 10,000
6 new sconces
S 5,000
Lawn sprinkler
S S,(=
Replace Tile on Front Steps
$ 35,000
New & refurbish railings
$ 10,000
Exterior fighting - parkingtED
S 7,500
Exterior lighting - building
$ 3S,000
Replace Sign Board
$ 1,500
Parking lot security fences
$ 50,000
Security Rollards
S 3S,000
Emergency generator
$ 60,E
264,000
Start Date- September 2023
Funds needed- $264,000.00
Rpmaining phases TRD
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EXHIBIT D
ADDITIONAL PUBLIC BENEFIT
The five revitalization efforts listed above will enhance taxpayers' museum experience and quality of
life in a number of ways. The installation of a new LED lighting system in the museum's galleries will
address accessibility issues pertaining to vision and allow for greater appreciation of our exhibitions
and greater visibility during programs. Repairs and upgrades to the museum's exterior will not only
render the building more aP,thPtirally pleasing but will also allow visitors of all ages and abilitic3 to
access the museum via its front entrance. Likewise, the installation of a new exterior lighting system
will render the premises more secure while also allowing guests, passersby, and locals to appreciate
the building's historic Art Deco design. The installation of parking lot security gates will improve
security. Finally, the redesign and remodel of our collections and storage department will ensure that
the over 100,000 priceless artifacts housed at JMOF-FIU are properly maintained, stored, and cared
for. This improvement will not only assist with organization, but will guarantee the museum's ability to
continue its mission of collecting, preserving, and interpreting Florida Jewish history.
Jewish Museum of Florida-FIU Current:
• Free General Admission for all Members
• Free Saturday admission for all visitors
• Free K-12 programs
• Free Family Programs
• Many of our public programs are free for all
Jewish Museum of Florida-FIU Future Additional Benefit:
JMOF-FIU will launch a new museum membership program (equivalent to our $75 family membership)
for City of Miami Beach residents with the following benefits:
• Unlimited free family admission (four guests)
• Invitations to exhibition VIP Preview Parties
• Invitations to members -only tours and special events
• A 10% discount in the Orovitz Museum Store
• 5 complimentary guest passes, with additional passes available upon request
• Access to the SEMC reciprocal mernbership program
• Priority first -chance access to public programming
This FREE membership will be for families at the same residential address. There will be an initial
application, annual renewal, and residency verification (similar to CMB Resident Parking
requirements). We will ensure the program enrollment and renewal is available in person and online.
Our goal to launch will be within the next six months.
Even if residents do not join the membership program, they will receive free individual admission to the
museum and our programs on Saturday.
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EXHIBIT E
REIMBURSEMENT REQUEST
MIAMI BEACH
CITY OF MIAMI BEACH
REIMBURSEMENT REQUEST FORM
GRANT PROJECT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
NOTE:
Capitalized terms used herein and not otherwise defined shall have the meaning given to them in the Grant
Agreement. Pursuant to the executed Grant Agreement, Grantee shall submit to the City a completed, signed
and notarized Reimbursement Request Form, along with (i) the monthly status report described in subsection
(2.5 d), and (ii) all appropriate supporting documentation, including, without limitation, the applicable contract
(including the schedule of values), licensing and insurance information for Contractors, estimate(s),invoice(s),
evidence of payment (receipts), warranty information and any other documentation with respect to the Project
which may be requested by the City Grant Manager (collectively, the items identified in (i) and (ii), the 'Supporting
Materials").
Any Reimbursement Request for purchases of equipment, materials or personal property shall require (A) that
the purchase of such equipment, materials or personal property qualify as a capital expenditure pursuant to I reas.
Reg. Section 1.150-1(b) and related I.R.S guidance, as determined by the City in its sole discretion, and (B)
documentation that such equipment, materials and/or personal property have been delivered to Grantee, and are
in Grantee's possession, in Miami Beach, Florida, as conditions precedent to payment.
The Grantee shall be solely responsible for submitting all documentation required by this Agreement. Project
Costs shall be identified, tracked, accounted for, invoiced, and paid by Grantee in a manner that clearly
distinguishes the Project Costs from other costs incurred by Grantee. The City shall make Grant Disbursements
to the Grantee by check or wire transfer, as the City determines in its sole discretion. Grantee shall submit to the
City Grant Manager a Reimbursement Request together with all Supporting Materials on or before the 15th of
each month for any sums expended in connection with the Project for the preceding month. Provided that an
uncured default does not exist, and that Grantee is otherwise in compliance with the terms of this Agreement, the
City will make the Grant Disbursement within twenty-five (25) business days of its receipt of an acceptable
Reimbursement Request and all Supporting Materials. Grantee understands and agrees that reimbursements to
the Grantee will be made solely in accordance with applicable state and federal laws. Any and all reimbursement
obligations of the City shall be fully subject to and contingent upon the availability of funding solely from the
GOBAC Program funds
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Amount of Grant Award.
Less Previous Total Disbursements:
Balance Available:
Funds Requested This Disbursement:
Certification of rayment7 I certify that the above expenses were necessary and reasonable for the completion of
the Project and in accordance with the terms and conditions set forth in 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 or any other grant
agreement between the Grantee and any other party.
Grantee
Report Prepared By.
Name
STATE OF FLORIDA
COUNTY OF MIAMI LADE
Signature/Date
The foregoing instrument was acknowledged before me by means of O physical presence or ❑ online
notarization, this _ day of _, 20_, by _(name) , as _(title) for
_(company) He/she is personally known to me or ( produced
as identification.
Notary Public
Print Name:
My Connnission Expires.
City of Mimi Beach
Report Reviewed By:
Name
Signature/Date
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EXHIBIT B
2o2q -33t9y
FIRST AMENDMENT TO GRANT AGREEMENT OCT 16 2024
THIS FIRST AMENDMENT TO GRANT AGREEMENT (this'First Amendment") is made
and entered into effective as of this _ day of 2024 ("Effective Date"), by and
between the CITY OF MIAMI BEACH, a municipal corporation duty organized and existing under
the laws of the State of Florida (the "City"), and The Florida International University Board of
Trustees, a public body corporate existing under the laws of the State of Florida, on behalf
of The Jewish Museum of Florida -Florida International University ("Grantee") (the City and
Grantee each, a "Party" and collectively, the "Parties")
RECITALS
WHEREAS, City and Grantee arc parties to that certain Grant Agreement dated
December 20, 2023 (the "Grant Agreement") pursuant to which the City awarded a grant under
the GO Bond for Arts and Culture Program ("GOBAC Program") in a total amount not to exceed
$750,000, which includes a grant award in the amount of $750,000 and a contingency in the
amount of $0; and
WHEREAS, on July 26, 2023, the Mayor and City Commission of the City of Miami Beach
approved a First Amendment to the Grant Agreement Template, allowing for the advancing of
grant award funds pursuant to the Grant Agreements previously approved in connection with the
General Obligation Bond for Arts & Culture; and
WHEREAS, on July 24, 2024, the Mayor and City Commission of the City of Miami Beach
adopted Resolution No. 2024-33184, approving a revision to the scope of work approved in
connection with the Grant Agreement and authorized the City Manager to execute an Amendment
with the Grantee accordingly; and
WHEREAS, this First Amendment modifies the scope of work described in Exhibit B and
Exhibit C of the executed Grant Agreement by the deletion of certain scopes of work to be able
to perform a full replacement of the facility's air uunditioning ("AC") system, which was unforeseen
and is now time sensitive; and
WHEREAS, the total estimated cost of the AC replacement, according to the Grantee, is
$300,000, and the total estimated cost of the scope of work to be removed is $307,000; and
WHEREAS, there is no cost to the City associated with this modification and the Grantee
shall be responsible for all costs in excess of amounts approved by the City; and
NOW, THEREFORE, in consideration of the premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the
City and Grantee agree as follows.
1. Recitals* Section Headings: Defined Terms_ The "Recitals' paragraphs above
are deemed to be part of the agreement of the Parties. The paragraph headings of this First
Amendment are for convenience and reference only and none of such headings shall limit or
amplify the meaning, application or construction of any of the provisions of this First Amendment.
Unless specifically defined in this First Amendment, capitalized terms used in this First
Amendment shall have the meanings ascribed to such terms in the Grant Agreement.
458 of 2591
2- Exhibit B and Exhibit C to the Grant Agreement shall be
superseded by the revised Exhibit B and Exhibit C attached to this First Amendment,
respectively.
3. Counterparts- This First Amendment may be executed in counterparts and by
electronic signature (e.g. via DocuSign, accompanied by the confirming e-signature certificate)
and may be transmitted by facsimile copy or e-mailed PDF file, each of which when so executed
and delivered shall be deemed to be an original and all of which, when taken together, shall
constitute one and the same instrument. Upon request by any party receiving an executed
counterpart by facsimile or PDF (by e-mail) to also receive an ink -signed original, the other party
shall provide original ink -signed signature pages as soon as practicable, but failure to do so shall
not affect the validity, enforceability, or binding effect of this First Amendment.
4. Entire Amendment. This First Amendment sets forth the entire agreement of the parties
with respect to the subject matter hereof. All prior or contemporaneous understandings and
discussions, whether written or verbal, are entirely superseded by this First Amendment. Except
as amended by the express provisions of this First Amendment, the terms and conditions of the
Grant Agreement are hereby ratified and confirmed by the Parties and shall remain in full force
and effect. If there is any conflict between the terms and conditions of the Grant Agreement and
those set forth in this First Amendment, the terms and conditions in this First Amendment shalt
govem.
[SIGNATURES ON FOLLOWING PAGE.]
459 of 2591
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
OCT i 6 2024 c�
Rafael E. Granado !! � Eric T. Carpeftf
City Clerk •y City Manager
ATTEST: k S;. -�Vx FLORIDA INTERNATIONAL UNIVERSITY
°4,4,4 f `,��,. BOARD OF TRUSTEES, ON BEHALF OF
THE JEWISH MUSEUM OF FLORIDA-
FLORIDA INTERNATIONAL UNIVERSITY
Dxubgmc bf UocuSgnW by.
General Counsel Chief Financial Officer
Carlos Castillo Aime Martinez
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Auornry Oru
460 of 2591
EXHIBIT B
PROJECT DESCRIPTION
In order to improve the museum experience for local and international visitors alike, JMOF-FIU seeks
$750,000 as part of the City of Miami Beach's GO Bond Program. Funding will go towards the following
future -focused improvements:
Exterior improvements to include landscaping, new sconces, lawn sprinkler, exterior lighting (parking
LED), security bollards and painting exterior 2) Collections improvements to include replacing of
flooring, furniture and lighting (LED); painting and window coverings 3) improvements to 301 Building
to include new exhibit and cove lighting fixtures (LED), purchasing of new man-Iift, repairing and
painting stairwells and lower areas; lighting at stain glass interior 4) improvements to 311 Building to
include creating storage in 311 Lobby; 5) KitcherVReceiving to include replacing dishwasher and
building storage cabinets 6) A/C replacement and repairs plus contingency.
461 of 2591
EXHIBIT C
BUDGET, FUNDING SOURCES AND CASH FLOW SCHEDULE
Upon receipt, funds can be deployed for construction and development within the range of six to twelve months it is wlui ldlenl
that the aforementioned improvements will take approximately one to two years to complete
Exterior Improvements
Larxlb e
$ 10,000
6 new sconces
$ 5.000
Lawn sprinkler
$ 5.000
Extanor I ghting - parking LED
$ 7,500
Security Bollards
S 35,000
Paint extenor
S 50.000
Collecaions
Replace flooring
$ 5,000
Replace fumiture
S 7.500
Replace lighting LED
$ 2.000
Paint
$ 2,000
Window Coverings
S 1,000
301 Budding
New exhibit & cove lighting fixtures LED
$ 50.000
Purchase new man -lift
$ 15,000
Repair and paint stairwells and lower areas
$ 10,000
Lighting at stain glass interior
$ 5,000
311 Budding
Create Storage in 311 Lobby
$ 4,000
Kitchen/Receiving
Replace Dish washer
$ 1.000
Build storage Cabinets
$ 8,000
A/C Replacement/Repairs
$ 300.000
Contingency
$ 50,100
Subtotal S 573.100
Architectural Plans 10% $ 57,310
Perrruts $ 4,970
GC OH&P 20% $ 114.620
TOTAL $ 750,000
462 of 2591
RESOLUTION NO. 2024-33184
A RESOLUTION OF THE !MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A REVISION TO THE SCOPE OF
WORK APPROVED IN CONNECTION WITH THE GRANT AGREEMENT
AWARDED TO THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF
TRUSTEES, A PUBLIC BODY CORPORATE EXISTING UNDER THE LAWS OF
THE STATE OF FLORIDA, ON BEHALF OF THE JEWISH MUSEUM OF
FLORIDA-FLORIDA INTERNATIONAL UNIVERSITY ("GRANTEE"), IN
CONNECTION WITH THE GENERAL OBLIGATION BOND FOR ARTS &
CULTURE; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO DRAFT AND EXECUTE AMENDMENT 2 ACCORDINGLY.
WHEREAS, at the July 20, 2022 Cuirimissiun meeting, the Mayor and Commission
approved Resolution No. 2022-32261, authorizing a special election, submitting to the electorate
of the City of Miami Beach the question asking vvhether the City shall be authorized to issue
general obligation oonds ("GOB'), not exceeding $169,000,000, to improve facilities for resiliency
of arts and cultiral institutions througr..out the City, including museums, performance venues,
artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park, and related
artisttworkforce housing; and
WHEREAS, on November 8, 2022, the voters of the City of Miami Beach approved the
issuance of a General Oblgatior Bond for Arts & Culture in the not to exceed amount of S159
million; and
WHEREAS, at the November 16, 2022 Commission meeting, the Mayor and Commission
approved Resolution No. 2022-32405 directing the Administration and City Attorney's Office to
negotiate and secure public benefits for residents of the City as part of the grant agreements with
cultural arts organizations that will receive G.O. Bond for Arts & Culture fures; and
WHEREAS, on March 27. 2023, the City Commission adopted Resolution No. 2023-
32523 approving the template for the Grant Agreement to be signed by grant recipients (Approved
Grant Agreement Template); and
WHEREAS, on April 28, 2023, the City Comm ssion adopted Resolution No. 2023-32592
accepting the recommendations of the Finance and Economic Resiliency Committee ("FFR(',")
for Tranche 1 in the not -to -exceed amount of $101,700,000, Resolution No. 2023-32593
approving revisions to the Grant Agreement Template, and Resolution No. 2023-32594 approving
the additional public benefits proffered by each of the cultural arts orgarizations or entities that
will receive Arts & Culture G.O. Bond funds or that will directly benef'.t from capital projects paid
for with bond funding; and
WHEREAS, on May 17 and June 28, 2023, the first and second public hearings of the
bond issuance were held; and
WHEREAS, on July 26, 2023, the City Commission adopted Resolution No. 2023-32691
approving a first amendment to the Grant Agreement Template, allowing for the advancing of
grant award funds pursuant to the Grant Agreemerts previously approved In connection with the
General Obligation Bond for Arts & Culture; and
463 of 2591
Resolutions - C7 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorabi e Mayor and Members of the City Commission
FRAM Rickelle Williams, Interim City Manager
DATE: July 24, 2024
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING A REVISION TO THE SCOPE OF WORK
APPROVED IN CONNECTION WITH THE GRANT AGREEMENT AWARDED TO
THE FLORIDA INTERNATIONAL_ UNIVERSITY BOARD OF TRUSTEES, A PUBLIC
BODY CORPORATE EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA,
ON BEHALF OF THE JE'WISH MUSEUM OF FLORIDA-FLORIDA INTERNATIONAL
UNIVERSITY ('GRANTEE), IN CONNECTION WITH THE GENERAL OBLIGATION
BOND FOR ARTS & CULTURE: AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO DRAFT AND EXECUTE AMENDMENT 2
ACCORDINGLY.
RECOMMENDATION
It is recommended that the Mayor and City Commission adopt the Resolution
BACKGRO44NDIHISTORY
At the July 20. 2022 City Commission meeting, the Mayor and City Commission approved
Resolution No. 2022-32261, authorizing a special election, submitting to the electorate of the City
of Miarni Beach the question asking whether the City shall be authorized to issue general
obligation bonds (GOB), not exceeding $159,000,000, to improve facilities for resiliency of arts
and cultural insUlutions throughout the City, including museums, performance venues, artistic
playgrounds, seniorlcLItural centers, botanical garden, aquatic sci,pture park. and related
artist/worktorce housing.
On November 8, 2022, the voters of the City of Miami Beach approved the issuance of a General
Obligation Bond for Arts & Culture in the not to exceed amount of $159 million.
At the November 16, 2022 City Commission meeting, the Mayor and City Commission approved
Resolution No. 2022-32405 directing the Administration and City Attorney's Ofrtce to negotiate
and secure public benefits for residents of the City as part of the grant agreements with cultural
arts organizations that wilt receive G O Bond for Arts 8 Culture funds
On March 27, 2023 the City Commission adopted Resolution No 2023-32523 approving the
template for the Grant Agreement to be signed by grant recipients (Approved Grant Agreement
Template)
On April 28, 2023, the City Commission adopted the following Resolutions related to the Arts A
Culture G.O. Bond,
Resolution No. 2023-32592 accepting the recommendations of the Finance and Economic
Resiliency Committee (FERCi for Tranche 1 in the not -to -exceed amount of $101,700.000
(including grant amounts for the following projects_ Workforce Housing, New World
Page 880 of 1750
464 of 2591
The Administration recommends the adoption of this Resolution approving a revision to the scope
of work approved in connection with the Grant Agreii:�ment awarded to the Florida International
University Board of Trustees, a pubic body corporate existing under the laws of the State of
Florida, on behalf of The Jewish Museum of Florida -Florida International University ('Grantee"),
in connection with the General Obligation Bond for Arts & Culture, and further, authorizing the
City Manager and City Clerk to draft and execute Amendment 2 accordingly.
Applicable Area
SCLth Beach
Is this a 'Residents Right to Know" item,
pursuant to City Code Section 2-17?
No
Is this item related to a G.O. Bond
Protect?
Yes
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2481,
includes a principal enaaged in lobbvina? No
if so, specify the name of lobbyist(s) and principal(s)�
Department
G.O. Bond Program
Sponsor(s)
Co-sponsors)
Attachments:
Exhibit 1: Current Scope of Work
Exhibit 2: Scope Change Request
Exhibit 1 G.O Bond Oversight Committee Recommendation (to be provided via Supplemental
Agenda)
Page 682 o` 1750
465 of 2591
Jewish Museum of Sorkin Exhibit 2
FM t:.IRi:t1 i\`fa"�1I. `\�' t \iljii\i(�
June 4, 2024
TO: Karen Rivo, Chair and G.O. Bored Oversight Committee and Maria Hernandez, G.O. Bond
Program Director
FROM: Susan Gladstone Pasternack, Executive Director, Jewish Museum of Flonda-FIU
The Jewish Museum of Florida is formally requesting the deletion of certain scopes of worts
origlnalty requested from the G.O. Bond to be able to perform a full replacement of the museums
air conditioning (A.C.) system, which was not broken at the time of application. A functional A.C. is
essential to the operation of the museum and the preservation of the museum's artifacts. The total
estimated coast of the A.0 is $300,000.00 while the scope of the work to be removed is
$307.000.00. There is no cost to the city for this request.
We respectfully submit this letter for your consideration.
Usen Ohdalo m Pse6wriaek, lrsw
Executive Director
Jewish Musearn of Flonda-FIU
FM-Great Colleges to Work For "
,Sf, t.;x, ,u .,S•.}..ram
i01 R ichington 1vcnur • Miami Beach, FL ill i9 (iy(iS • 1'ri 05-6-2 50-4a • Fa-N: 4o5-6-2 5931 • jinof-hu.cdu
Page 686 of 1750
466 of 2591
Agenda Item G 71-
Date 7_ .tq .7(/
MIAMI BEACH
OFRCE OF ME Ci"! CLERK
LTC 0 310-2024 LETTER TO COMMISSION
to Honorable Mayor Steven Metrw and Members of the City Commission
LRCM Rafael Granado. City Cleric
DA`E July 19, 2024
MJECT O.O. Bond Ovsrsipht Committee Motion
City Commission Item C7 L — Exhibit 3
Grant Agreement Scope Change - Jewish Museum of Florida
On July 18, 2024 the G.O Bond Oversight Committee made a motion endorsing the Jewish Museum
of Florida's request to delete certain scopes of work to be able to perform a full replacement of the
facility's air conddlonung systerr
Motion made by Jason Kosiowe
Motion seconded by Kate Mosely
Motion passed 7-0
1 member absent
1 member not part of quorum
Voting Members pert of quorum:
Karen lavo (Chair), Bruce Halpryn, Dana Martorella, Jade Giottmann, Jason Koslowe, Kate Mosely,
l aura Veins,
Voting Members riot part of quorum: Shan Gurlon
Voting Members absent: Dennis Scholl
Non -Voting Members present: David Sexton, Donald Goldberg, Isaiah Mosely, Jack eenveniste
Non -Voting Members absent: Adam Kravitz
Questions. regarding the rnotx)n may be dhe cted to Marra HwriarwJez. G.O. EkxKl Prvyrarn
Director and G O. Bond Oversight Committee liacsoft, at ManaHemandezOmiamibewlifl,Qov or
try caMN extension #22584
kG MH
467 of 2591
EXHIBIT' C
DowWn Envelope ID C27DB238-CAE2-4382-8571-AC174FF1 7A8C
CITY OF MIAMI BEACH
FISCAL YEAR 2025-2026
GRANT AGREEMENT
MAR 0 2 2026
GRANT PROJECT No.. 2026-CMB-03
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 The Florida International University Board of Trustees on
behalf of The Jewish Museum, a Florida not -for -profit corporation (hereinafter the `Grantee").
This Agreement is effective October 1, 2025, the "Effective Date.'
ARTICLE I / GRANT DESCRIPTION
GRANTEE
The Florida International University Board of
Trustees on behalf of The Jewish Museum
GRANTEE CONTRACT ADMINISTRATOR:
Roberto M. Gutierrez
ADDRESS:
11200 SA 8, MARC 430
CITY, STATE, ZIP-
Miami, FL 33199
PHONE, FAX, E-MAIL:
305-348-2494
Qutierrrdfiu.edu
GRANT AMOUNT:
$50.000
PROJECT DESCRIPTION:
See Exhibit 1 hereto
GRANT PROJECT BUDGET:
See Exhibit 2 hereto
GRANT TERM,
October 1, 2025 - September 30, 2026
EXPENDITURE DEADLINE:
September 30. 2026
PROJECT COMPLETION DATE:
September 30, 2026
FINAL REPORT DEADLINE.
October 10, 2026
FINAL REIMBURSEMENT REQUEST DEADLINE October 10, 2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
468 of 2591
Docueign Env*" 10 C27DW38-6AE2-4362-9571.AC174FF17ABC
FOR CITY:
ATTEST
Rafael E Granado, City Clerk
MAR 0 2 2026
Date
FOR GRANTEE:
ATTEST
Al' COOQ;
SignatiAe
Narcy Contreras, Rrcanh Cyuu4,-t Adnriu
Namet7iile
2/18/2026
Date
CITY OF MIAMI BEACH, FLORIDA
Eric T Carpent r, P.E , City Manager
FLORIDA INTERNATIONAL UNIVERSITY
BY AND THROUGH ITS BOARD OF
TRUSTEES
ON BEHALF OF THE WOLFSONIAN-FIU
Federal Id No. 65-0177616
sw"+ w�
-aeorc�sr�+�a ---
Ana Villafana, SuDirector, Award Services (NC)
Name: Title
Page 2
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,-- b(�4
1City Attorney Date
469 of 2591
Docuesgn Enve4opa iD C27D8238-6AE2-4362-9571-AC174FF17ABC
ARTICLE II t GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Artic.e 1. and the City,
a municipal corporation organized under the laws of the State of Florida. The City has delegated
the responsibility of administering this grart (the "Grant") to the City Manager or the City
Manager's authorized designee (the 'City Contract Administrator')
2 PROJECT DESCRIPTION: The Grartee may only use the Grant for the purposes that are
specifically described in :he Project Description, attached hereto as Exhibit 1 (the `Project'). Any
modificatior to Exhibit 1 ("Project Description'), shall not be effect ve unless approved by a written
amendment to this Agreement signed by the City and Grartee 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 Article I of this Agreement. Grantee agrees that should available
City funding be reduced. the amount payable under this Agreement will be reduced at the sole
option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of
this Agreement, and as specified in the Grant Protect Budget, attached hereto as Exhibit 2. Any
modification to Exhibit 2 (`Project Budget'), shall not be effective urless 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 charges.
Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant
Amount set forth in Article t 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 contrbute 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 quarterly reports to the City Contract Administrator by the following dates:
January 15", April 15", July 15", and the final report by October 10".
New Grant awards will not be released to the Grantee until all Final Reports for previously
awarded grarts are received The City may withhold any future payments of the Grant, or the
award of ary 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 Nritten consert of the Grantee All quarterly reports
470 of 2591
Doaasign Envelope 10: C27De238-6AE2-4362-9571-AC174FF17ABC
must be submitted on the Grant Quarterly Status Report Form, attached hereto as Exhibit 3,
detailing Grantee's compliance at the time of a partial reimbursement request.
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 Request Form, attached hereto as Exhibit 4. All reimbursement requests must
be submitted prior to October 10"'. 2026. 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 Iudget.
Invoices and checks must be directly related to expenses for Grant -funded activities taking place
within the 2025-2026 Fiscal Year.
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: .he 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: Grart 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 Managers
designee may monitor and conduct an evaluation of the Project under this Grant, which may
include, with or without limitation, during regular business hours and upon reasonable notice,
visits by City representatives to Grantee's offices andiof 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.
Page -t
471 of 2591
Docusign Envelope ID C27DB238 6AE2-4362 9671 AC174FF17ASC
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 City's fiscal year for which the Grant Is approved (October 1 - September 30).
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 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 headline specifed 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. Furhermore, the C,ty may, at is 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
Q. 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
Page 5
472 of 2591
Docusgn Ervelope ID C27DB238-6AE2-4362-9571-AC174FF17ABC
and review operations, activities, performance and procurement process including but not limited
to project desigr, 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 Sectior 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 Gereral.
C. Upon ten (10) days w,itten 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
electec officials to ensure compliarce with the cortract documents and to detect fraud and
corruption.
D. The Inspector General shall have the ngtit to inspect and copy all documents and
records it the Grantee's possession, custody or control which in the Inspector General's sole
judgment, pertair to performance of the contract, including, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful subcontractors and suppliers, all project -related corresponderce, memoranda,
instructiors, firarcial documerts, corstructior 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 requ.red 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 ary
resulting final terminatior 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.
Page 6
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Docusgn Envelops ID C2708238-8AE2-4382-9571-AC174FF17A8C
F. The provisions in this section shall apply to the Grantee, its officers, agents,
employees, subcontractors and suppliers. The Grantee shaii 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 fottowing
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, tosses. expenses, or damages, including, without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death, or loss of or damage to property, which :he 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 mature arising out of, relating to, or resulting from the performance of this Agreement
by the Grantee or 'ts 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, defenc and hold harmless the City or its officers, employees agents, and
contractors as herein provided
If the Grantee is a government entity, this Indemnification snail only be to the extent and
within the imitations of Sect.on 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 arse as a result of the negligence of the Grantee entity.
Page 7
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Oocvsign Envelope ID C27UB23"AE2-4362-9571-AC174FF t 7A6C
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 herein by
reference as if fully set forth herein, and Chapter 2, Article VIi of the City Code, as amended;
which is incorporated herein by reference as if fully set forth herein.
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 Managers 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 been
received by the Grantee, as of the date that the written demand is received.
Any uncommitted Grant funds which remain in the possession or under the control of the
Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned
to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been
committed but not expended, the Grantee must request in writing from the City Manager an
extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one
(1) year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the City Manager a certified check for the total amount due, payable
to the City of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies
that may be available to it under the law 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 `unding 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.
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18 INSURANCE REQUIREMENTS: Pursuant to Florida Statute Section 1001-72, Grantee a
public instrumentality of the State of Florida, maintains insurance coverage under the State of
Florida Risk Management Trus, Fund, established pursuant to Chanter 284, Florida Statutes, and
administered by the State of Florida. Department of Financial Services - Division of Risk
Management as follows, automobile liability insurance, general liability insurance and employer's
hability insurance, each with limits of liability of not less than US $200,000.00 for each person and
US $300,000 00 for each occurrence. Grantee also maintains workers' compensation insurance
with limits of liability as required by law Grantee shall provide evidence of insurance upon
request.
19 FLORIDA PUBLIC RECORDS LAW:
A. Grantee shale comply with Florida Public Records law under Chapter 119, Florda
Statutes. as may be amended from time to time
B The term 'public records" shall have the meaning set forth in Section 119.011(12),
which means all documents, papers, letters, maps. books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business of the City
C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the
definition of 'Contractor' as defined in Section 119 0701(1 Xa), the Grantee shall-
i. Keep and maintain public records required by the City to perform the semce;
ii. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or alkyv the records to be inspected or copied
within a reasonable tme 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 Grantee or keep and maintain public records
required by the City to perform the service. If the Grantee transfers all public
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records to the City upon completion of the Agreement, the Grantee shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Grantee keeps and maintains
public records upon completion of the Agreement, the Grantee shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon -equest 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; -NONCOMPL.ANCE
A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Grantee of the request,
and the Grantee must provide the records to the City or allow the records to be
inspected or cnpieA within a reasonahle time
ii. Grantee's failure to comply with the City's request for records shail 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 maybe subject to penalties under s 119.10.
E CIVIL ACTION
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 (iXb) if it is sent to the City's custodian of
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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 ar electronic format.
iii. A Grantee who complies with a public records request within 8 business days after
the notice is sent is not liable for the reasonable costs of enforcement.
F.IF THE GRANTEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOIIW-RIIAMIBEACH FL.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 verity
the work authorization status of all newly hired employees during the Term of the
Agreement. Additionally, Grantee shall expressly require that any approved sub -contractor
performing work or providing services pursuant to the Agreement to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor during the contract Term. If Grantee enters Into a contract
with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized
alien. Grantee shall maintain a copy of such affidavit for the duration of the 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
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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
immed+ately 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 (BXii) is not in
breach of contract and may not be considered as such.
iii. The City or Grantee or a subcontractor may file an action with the Circuit or County
Court to challenge a tenninabon under the foregoing Subparagraphs (BXi) 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 foregoiny
Subparagraph (BXi), 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 pnor 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 ender this Agreement will be effective when delivered to the
Grantee in writing and addressed to the Grantee Contract Administrator.
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
KrvstalDobbinsCa7_mlam►beachfl. qov
Elizabeth Carrino, Grant Winter Researcher
ElitabethCarrinoCemiarnibeachfl.00v
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ARTICLE III / 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 perforrning a public purpose through the programs, projects, and/or services
re,ommended 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
' 964 (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 natioral 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 pollt,cal affiliation
C The City endorses, and Grantee shall comply with, the clear mandate of the
Americans with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified
individuals with disabilities from enjoying the same employment opportunities that are available
to persons without disabilities.
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 access and equal opportunity and services without discrimination on the oasis 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
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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 ,)r 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 teems. No nludifications ur amendnienls may be made to this
Agreement unless made in writing signed try 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)ln 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,
apprcves an alternative process.
31. GRANTEE'S COMPLIANCE WITH ANTI -HUMAN TRAFFICKING LAWS: Grantee
agrees to comply with Section 787.06, Florida Statutes.. as may be amended from time to time -
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32. PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A
BOYCOTT: Grantee warrants and represents that it !s not currently engaged in and will not
engage ir, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section, 2-
375.1(2)(a) of the City Code. Grantee hereby certifies that Grantee is not currently engaged in,
and for the duration of the Agreement, will not engage in a boycott of Israel.
33. PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS
PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED
OFFICE: Grantee states that to Me best of its knowledge and belief, that, within two (2) years
prior to the Effective Date, Grantee has not received compensation for services performed for a
candidate for City elected office related to this Agreement, as contemplated by the prohibitions
and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-
379 of the City Code shall not apply to the following
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or enbty that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of business for
clients or customers other than candidates for office. This includes, without limitation, banks,
telephone or internet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional services (including
for example, legal or accounting services).
34. PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF
CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE
ACCESSED: Grantee hereby agrees to comply with Section 237.138. Flonda Statutes, as may
be amended from time to time, which states that as of January 1. 2024, a governmental entity
may not accept a bid on, a proposal for, or a reply to. or enter into, a contract with an entity which
would grant the entity access to an individual's personal identifying information (PII), unless the
entity provides the governmental entity with an affidavit signed by an officer or representative of
the entity under penalty of perjury attesting that the entity does not meet any of the criteria in
Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) the entity Is owned by a government
of a foreign country of concern; (b) the government of a foreign country of concern has a
controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal
place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country
of concern is defined in Section 287.138 (1)(c), Florida Statutes, as may be amended from time
to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran,
the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of
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Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of
significant control of such foreign country of ,,kern. Additionally, beginning July 1, 2025, a
governmental entity may not extern or renew a contract w,,th a Prohibited Entity. Grantee
warrants and represents that it does not fall within the definition of a Prohibited Entity.
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EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
Through its robust series of programs and activities, the Jewish Museum of Florida-FIU has
strengthened the local economy and cuality of life for all whd live, work, and visit Miami Beach for
30 years. Housed within two historic Art Deco buildings both of which reflect the history of South
Beach and its architectural heritage, the JMOF's offers a permanent core exhibition that brings
to life for visitors and students the immigrant experience of Jews In Florida since 1763. Multiple,
revoiving temporary exhibits also offer diverse and engaging opportunities for community and
educational programming, while showcasing works by local, national, and international artists
Since 1995 the Museum has remained a generative and vital presence, furthering the mission
and vision of the City of Miami Beach, particularly in the promotion of the city's unique urban and
historic fabric as a capital for cultural entertainment and tourism. JMOF-FIU has served as a
culturai anchor in the City cf Miami Beach, providing year-round artistic and cultural exhibits and
programs that meaningfully contribute and advance the local cultural life of all City of Miami Beach
residents and beyond.
In 2012, the historic partnership of JMOF and Florida International University initiated the
conjunction of varied resources between both organizations. This significant juncture has
catalyzed a new era of interdisciplinary education and scholarly research, highlighting the history
of the Jewish experience in Florida, the manifold influence of Florida's cultural dynamics on
Jewish communities and vice versa, as well as critical issues of discrimination against all peoples
in Florida throughout history. A key component in this union has been the expansion of academic
programming and research that centers the celebration and challenges of immigrant experiences
across all ethnicities in Florida. By virtue of this partnership, all assets and liabilities were gifted
to FIU. The Museum retains its tax-exempt status as a distinct department within the State of
Florida University System.
PROGRAM DESCRIPTION
During this grant period JMOF-FIU will offer the following exhibits: Hope Becoming Home, a
collaborative exhibition featuring four Jewish women artists, Dahlia Dreszer, Amy Abels Gelb,
Karla Kartorovich and Patricia San Pedro, whose work reflects stones of placemaking and
storytelling in the wake of generational fragmentation and recollection; The Hate Around Us,
inspired by the actions of October 7, it showcases a century of antisemitism in Florida; Works by
Florida -based visual artist Pedro Jermaine, a nationally renowned artist whose work related to
h,s'orica► trauma of the Rosewood community of Flcrda will be presented in tandem with a rew
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memorial piece cornn"emoratir}g the Holocaust. The Museum will also hold numerous lectures
and programs based on the exhibit,ons and other events happening locally and nationally
throughout the year. It will present the following cultural and academic programming: 'The Big
Read 2025. Writing home' event related to the Miami Book Fair, "Mondays at the Museum" series
of scholarly lectures in partnership with FIU's Department of Religious Studies: artist -led
community -centered workshops featuring media and practices used by the exhibited artists in
'Hope Becoming Home" (JMOF-FIU); a concert, film, and cultural performance series highlighting
the diversity of Jewish life in Florida and beyond, also inclusive of FIU's Holocaust and Genocide
Awareness Week and Miami Art Week/Art Basel, walking tours of Jewish Miami Beach,
educational programming related to our exhibition and cultural event themes for student groups
across the state
LOCATION
Jewish Museum of Florida FIU, 301 Washington Avenue, Miami Beach FL 33139.
GRANT ACTIVITIES
Activity Name Activity Descript'on
Hope Becoming ' Hope Becoming
Home Home is a
collaborative
exhibition featuring
Jewish women artists
whose Ives and work
reflect the intimate
intricacies of
placemaking and
storytelling in the
wake of trans -
generational
fragmentation and
recollection. It invites
an unobstructed
interchange between
competing notions of
past, present, and
future weaving
Description of Service No. Service
Recipients Recipients
The exhibit will continue attract 5,000
i members of the South Florida
Jewish community, members of
various ethnic and religious
groups, school groups,
synagogue members, FIU
students. museum members
and Holocaus: educators It will
also serve as a powerful
j backdrop for events and
programs that take place year-
round, including Miami Art
Week and Art Basel.
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{ together stories of
home and transience
from across tho globe
to Miami. Working
across photographic
media, fiber arts and
other modalities,
i
contributng artists
I
Dahlia Dreszer, Amy
Abels Gelb, Karla
+
Kantorovich, and
Patricia San Pedro
draw on family
histories, archives,
and artifacts at the
threshold of collective
memory and
experences of
un/be onging,
reminding us that
hopes both a place
and a practice of
coming home.
I
- -- _
- — — �---- -- —
The Hate Around Florida's constitution,
- ---e-- --- —
The exhibit will continue attract 5,000
Us written in 1838,
members of the South Florida
protected its citizens
Jewish community, members of
freedom of religion.
; varicus ethnic and religious
However, no
groups, school groups,
constitution can
synagogue members, FIU
protect people from
students, museum members
individual bias, group
and Holocaust educators. It will
bigotry or the
also serve as a powerful
arrogance of ignorant
backdrop for events and
minds. As numbers of
'; programs that take place year -
Jews increased in
round, including Miami Art
Florida, so did the
Week and Art Basel.
discriminatory acts
against them
I
especially during
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times of economic or
social crises The
Hate Around Us
j takes the viewer
through over 100
years of antisemitism
in Florida through
artifacts, photographs,
and historical
documents from within
the collection of the
Jewish Museum of
Florida-FIU and
various private
lenders.
Works by Pedro Pedro Jermaine has
The exhibit will continue attract
Jermaine served as an artist,
members of the South Florida
public educator, and
Jewish community, members of
cultural representative
various ethnic and religious
across the State of
groups, school groups.
Florida for decades.
synagogue members, FIU
His work showcasing
students, muse-im members
the history of
and Holocaust educators. It will
Rosewood, Florida's
also serve as a powerful
destruction and the
backdrop for events and
resilience of the Black
programs that take place year -
survivors of the
round, particularly in relation to
massacre and their
cross-cultural and irter-
descendants has
community cultural education
rendered Jermalne's
across Florida from North to
public advocacy and
South
stofytelling a central
voice in artistic and
i educational circles
i
across the state. His
renowned painting
titled, Hope Prevails,
as well as a new
commemorative
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artwork ,n
commemoration of the
i
Holocaust will be j
1 exhibited side -by -side
as a statement about
the importance of
remembrance and
collective care across
cultural and historical
lines.
GOALS/OUTCOMES
Outcome
Measure Target Reporting Deadline
To present at least three
We measure our success October 2025-Quarterly
exhibitions and more than
via attendance reports, September 2026.
40 educational programs
online surveys, and
that will attract a wide
reviews.
variety of audiences and
participants across South
Florida, the U.S and
i i
globally.
STAFFING
Position Title Description/Resporsibilities to Grant Program 1B�u-dget Description
N/A N;
'
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EXHIBIT 2
PROJECT BUDGET
Sul et Lirw Item Description
-Staff Salary and Wages: Salary for Maintenance staff
Fringe Benefits: Fi�Mic�a&_ Fringe Benefits for Maintenance
I Health Insurance
Consulting Services
Medication Co -Payments
i Professional Services
Project Budget
Outside Seroces
Postage & Delivery
Utilities: Telephone, Internet, Communication charges for the JMOF $23,000
Cable Museum
Lease/Rent Rental of extra storage needed for Art $10.000
Collection
RepairsIMaintenance
Waste/Garbage Collecton
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EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
GRANT PROJECT No.:
GRANTEE NAME:
&3R NTEE ADDRESS: - - -
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT
ADMINISTRATOR'S E-MAIL ADDRESS:
REPORT PERIOD:
C1 Oct. 1 - Dec. 31 ❑ Jan. 1 - Mar 31 r Apr 1 - Jun. 30 ❑ Jul 1 - Sept.30
Due Jan, 15 Due Ap. 15 Due Jul 15 Due Oct 10
GOALS/OUTCOMES
Outcome Measure Target Accomplishments
_ To -Date
i 1 ;
PROBLEM ENCOUNTERED:
OTHER NOTABLE ITEMS:
Grantee
Report Prepared By:
Name _ — — Signature/Date
City of Miami Beach
Report Reviewed By:
Nar^e Signature/Date
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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
City of Miami Beach
Report Reviewed By:
Signature/Date
Name -- -- - Signature/Date —
Page 24
491 of 2591
EXHIBIT D
20 25-33945
City of Miami Beach Cultural Affairs Program and Cultural Arts Council
Fiscal Year 2025/26 Cultural Affairs Grant Agreement APR 10 2026
This Grant Agreement ("Agreement") is entered into this day of
2026. between the City of Miami Beach. Florida (the -CitY7 and FIU - Jewish
Museum of Florida (Florida International University Board of Trustees/ , a Florida not -
for -profit corporation ('Grantee'.
1. Grantee Name
Grantee Contact
Mailing Address -
City, State. Zip.
Phone:
E-mail
Cultural Anchor:
Federal Tax ID No..
2 Grant amount:
Article 1 / Grant Description
AU - Jewish Museum of Fbnda (Florida International University Board of Trustees)
Ana Villafana. Sr Director. Awards Services, ORFD
11200 SW 8 St MNARC;30
ldiam) FI i? 199
&villafawfiu.edu
Yes F _ No -0-
$ 26,367.00 (`Grant' or "Grant Funds")
Fifty percent (50%) of the Grant Funds shall be paid to Grantee upon execution of this
Agreement, following the City's receipt and acceptance of audited financial statements or other
proof of funding source(s) which demonstrate that Grantee has secured a mandatory 1:1
match for the total Grant amount. The remaining 50% of the Grant Funds shah be paid to
Grantee upon completion of the Project (as described in Exhibit 1), and Wowing the Grantee s
submission. and the City's prior written approval, of the Final Report.
3. Project Description. See Exhibit 1, attached hereto ("Project
Description').
4 Itemized budget- See Exhibits 2-A (Total Project Budget) and 2-B
(Grant Award Budget), attached hereto.
5 Contract effective date: October 1, 2025
6 Contract submission deadline. November 15. 2025
7 Expenditure deadline- September 30, 2026
8 Final Report deadline. Submit on GoSmart no later than October 12. 2026.
492 of 2591
CITY OF MIAMI BEACH:
A?test
Rafael Granado�
City Clerk
APR i 0 2026
B
Steven Melner
City of Miami Beach Mayor
Approved as to form and language
and for execution
S-
C Date --
GRANTEE
FiL le vs,'Ause--r, :)# Ftolda,Flonda International Urivwse$ Beard o' ? uS1e45'
w" or
Ana Villatana, Sr llirec:ur, , Awards Services, OKEDSnc
Prin- Name and True
STATE OF FLORIDA, COUNTY OF MIAtitl-CAGE
The foregoing lnst-ument was acknowledged before me tnis � day of L't' __, 2026.
by -- _ �• 1 I (4 ._-tr z-- • of a
_ not -for -profit corporation, He/She Is personally known to me or has produ d
v.{y? I�+_ as identification
r� A PFR�
S r of Notary Pub+rc A Pto Name 0 A& t✓`—
Wy
i0tary Put)!ic. tale of FI idaOM
Wy
>< E)pwS 1-14.2028
40
My Commission Expires _rt1 cft�r'
of � •
a
Page
493 of 2591
Article II / General Conditions
1. Parties. The parties to this Agreement are the Grantee listed in Article I, and the City of
Miami Beach, a municipal corporation organized under the laws of the State of Flonda (the
"City"). The City has delegated the responsibility of administering this Grant to the City Manager
or the City Manager's authorized desigiee, who shall be the City's Cultural Affairs Program
Manager.
2 Proiect Description- The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1. Any changes to
the programming or delivery method for the programming shall require the prior written approval
of the Cultural Affairs program manager, on a case -by -case basis. Grantee shall make every
attempt to reschedule approved programming or provide alternative programming solutions,
such as live streaming.
3. Budget: All of the Grantee's expenditures shall be subject to .he terms of this
Agreement, as specified in the itemized Total Project Budget (attached hereto as Exhibit 2-A)
and the Grant Award Budget (attached hereto as Exhibit 2-8).
A mandatory 1:1 match is required for all grants. Grant applicants must demonstrate that
matchng funds in the full amount of the Grant award have been secured prior to receiving the
first grant payment. The City will review and approve audited financial statements detailing the
match through cash, grants, and/or in -kind contributions, of which in -kind contributions may not
exceed 25% of the Total Project Budget, attached hereto as Exhibit 2-A.
Line -item changes to the Grant Award Budget shall not exceed the total amount of Grant
Funds. Notwithstandirg the preceding sentence. amendments to the itemized Grant Award
BL,dget shall not be permitted without the prior written consent of the Cultural Affairs Program
Manager. Said requests shall be made in writing, detailing and justifying the need for such
changes, in advance of the Project's commencement.
4. Reports. This Grant has been awarded with the understanding that the Project will
enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling,
or has fulfilled, its purpose. the Grantee must supply the Cultural Affairs Program Manager with
a written Final Report, which shall document the Grantee's satisfaction of all requirements. Initial
submission of the Final Report must be received by the Cultural Affairs Program Manager no
later than the date identified in Article 1-8. 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.
5. Board Training: Pursuant tc City Resolution No. 2018-30552, if applicable, Grantee is
required to have 511/o or more of its board membership complete the City's training program for
board members of non-profit agencies, who must have completed such training program within
the last three years prior to Grantee receiving City funds pursuant to this Agreement. Board
training is required for agencies that have an annual operating budget of less than $5 million and
receive $25,000 or more in funding from the City. Prior to the release of the first Grant payment
to the Grantee pursuant to this Agreement.
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494 of 2591
6. Amount of Grant and Payment Schedule: Ttie total amount of the Grant is specified in
Article 1-2 and payment of any portion thereof shall be subject to and contingent upon Grantee's
compliance with the terms and conditions set forth in this Agreement and approval and
appropriation of the funds in the City's budgetary process. 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 responsibility of the Grantee. 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, and provided that Grantee is otherwise in
compliance with the terms and conditions herein.
Grantee shall use all Grant funds for the purposes set forth in this Agreement and shall
expend all Grant funds on or before the Expenditure Deadline. Any uncommitted Grant funds
which remain in the possession or under the control of the Grantee as of the Expenditure
Deadline 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 may request, in writing, an
extension of the Expenditure Deadline from the Cultural Affairs Program Manager which, if
approved, shall be for a period not to exceed one (1) year. For the avoidance of doubt, the
Cultural Affairs Program Manager may deny such request, in the Cultural Affairs Program
Manager's sole discretion.
7. No guarantee of future funding: The Grantee acknowledges that the receipt of this
Grant does not imply a commitment on behalf of City to continue or provide funding beyond the
terms specified in this Agreement.
8. Program Monitoring and Evaluation: The Cultural Affairs Program Manager may monitor
and conduct an evaluation of the Project funded by this Grant, which may include,. without
limitation, visits by City representatives to observe the Project, or Grantee's programs,
procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The
Grantee agrees to conduct surveys in order to obtain specific feedback from program
part+cipants. The Grantee will be required to submit a sampling of completed surveys, dated
within the grant period, in the Final Report.
9. 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 havirg a branch or
other physical presence In M ami-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.
10. Accounting and Financial Review: Any activities funded by this Grant must take place
during the City's fiscal year for which the Grant is approved (October 1 - September 30). The
Grantee shall keep accurate and complete books and records of all receipts and expenditures
of Grant Funds, in accordance with reasonable accounting standards, and shall retain such
books and records for at least three (3) years after completion of the Project. 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,
must be directly related to Grant -funded activities taking place within the fiscal year 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 Section 7
At the request of the City, Grantee shall provide the City (and/or its designated representatives)
reasonable access to its files, records and personnel during regular business hours for the
purpose of making financial audits, evaluations or verifications, program evaluations, or other
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495 of 2591
verifications conceming this Grant, as the City deems necessary. Furthermore. the City may, at
its expense, audit or have audited, all the financial recoras of the Grantee, whether or not
pijrporteri to hp related to this Grant
11. Publicity and Credits. The Grantee must include the City of Miami Beach logo
and the following credit line in all publications (where appropriate) that are related to this Grant
With the support of the City of Miami Beach Cultural Affairs Program, Cultural Arts Council, and
the Miami Beach Mayor and City Commissioners. Grantee's failure to comply with this paragraph
may preclude future grant funding from the City, ;n the same manner as if the Grantee defaulted
under this Agreement, pursuant to Article II-15. Except as specified herein, Grantee shall not use
the name. trademarks, or logos of the City without the City's advance written approval.
12 Liability and Indemnification The Grantee shall indemnify and hold harmless the
City and its officers, employees, agents, and contractors, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, expenses, or damages. including. without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death. or loss of or damage to property, which the City or its officers, employees, agents, and
contractors may incur as a result of claims, demands, suits, causes of action, or proceedings of
any kind or nature arising out of, relating to, or resulting from the performance of this Agreement
by the Grantee or its officers, employees, agents, servants, partners, principals, or contractors.
Grantee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which
may issue thereon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth
herein, to indemnify.. hold harmless, and defend the City or its officers, employees, agents, and
contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and
within the limitations of Sectior 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.
13. Assignment the Grantee shall not be permitted to assign this Grant to any other party.
Any purported assignment will be void and shall be treated as an event of default pursuant to
Article II, Section 15.
14. Compliance with Laws' Good Standing With the City: The Grantee agrees to abide by
and be governed by all applicable Federal, State. County, and City laws including but not limited
to Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance. as amended, which
is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the
Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein. Grantee shall maintain its good standing in accordance with the laws of the State
of Florida and the City of Miami Beach Code of Ordinances (`City Code'), and shall comply with
any City Code requirement applicable to Grantee or to the Grantee's operation its business or
other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate
of Use or Business Tax Receipt(s) that may be required for any business activity, and timely
Page 5
496 of 2591
making payment of all taxes, fees or charges that may be due to the City of Miami Beach.
Grantee shall promptly take corrective action to correct any City Code violation or notice of
violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee
agrees to comply with the terms and conditions of any lease. contract, or other grant agreement
that Grantee may have separately entered into with the City of Miami Beach ("Other City
Contracts"). Any failure by Grantee to comply with any provision of the City Code applicable to
Grantee, or any breach or default by the Grantee of any covenant or other term or condition
contained in any Other City Contracts (after the passage of any applicable notice and cure
provision set forth therein), shall, at the option of the City, be considered a Default (as such term
is defined more fully below in Article II, Section 15 of this Agreement), in which event the City
shall be entitled (but in no event required) to apply all rights and remedies available to the City
under the terms of this Agreement by reason of a Grantee's breach or failure to comply with said
obligations.
'5. Derault/Terminabon Provisions: In the event the Grantee shall fail to comply with any
of the covenants, terms or provisions of this Agreement, including, without limitation, any failure
of Grantee to (i) secure 1:1 match funds in accordance with the requirements set forth herein,
(ii) complete the Project, as expressly contemplated in the Project Description; (iii) timely submit
any reports, when due, as required under this Agreement, or property provide an accounting of
Grant Funds, ncluding, without limitation, in accordance with Article II, Section 10 herein; (iv)
use the Grant Funds solely for the limited purposes described in the Project Description (and
allowable grant expenditures as set forth herein); and (v) comply with any other term or condition
of this Agreement, including, as set forth it Article Il, Section 14, any failure to comply with any
term or condition contained in any other City contracts, or any provision of the City Code
applicable to Grantee (each, a "Default"), the Cultural Affairs Program Manager may terminate
this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving
five (5) calendar days written notice to the Grantee, and the City shall have no further obligation
to the Grantee under this Agreement. Any unexpended Grant Funds which remain in the
possess,on or under the control of the Grantee as of the date of termination must be returned to
the City within fifteen (15) days after the termination date.
Further, in the event of a Default, at the Cultural Affairs Program Manager's sole
discretion, the Grantee may be required to immediately repay to the City all or a portion of the
Grant which has been received by the Grantee. whether or not such funds have been expended,
as of the date that the written demand is received ("Demand for Recapture").
Grant Funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the Cultural Affairs Program Manager a certified check for the total
amount due, payable to the City of Miami Beach, Florida.
These provisions shall rot wave or preclude the City from pursuing any other remedies
that may be available to it under the law.
Grantee further acknowledges and agrees that any Default may, at the City's sole
discretion, render Grantee ineligible for any future grant funding, as provided below.
In the event of a Default the following provisions will also apply:
a. For first-time violations — Grantee shall be required to submit a final report w th
documentation of expenditure of all Grant Funds already received up to the date of
termination and/or the Demand for Recapture. Additionally, Grantee will be ineligible
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497 of 2591
to apply for or receive a grant in the subsequent City fiscal year However, Grantee will
be allowed to apply for grants in fiscal yeas following the subsequent City fiscal year.
b. For more than first-time violations - Any compliance Infractions beyond first-time
violations will be addressed by the Cultural Affairs Program Manager, on a case -by -
case basis. In connection therewith, the Cultural Affairs Program Manager shall obtain
the recommendation of the Cultural Arts Council, but the final decision as to whether
Grantee may be allowed to apply for future grants shall remain within the sole discretion
of the City.
Notwithstanding any provision of this Agreement to the contrary, 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 writter 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
unexpended Grant Funds.
The City reserves the right to suspend this Agreement and all funding hereto upon a
determination, in the City Manager's sole discretion, that any portion of the Grantees project
described in Exhibit 1 is found to be contrary to the City's values and/or interests in promoting a
safe and inclusive environment for residents and visitors. Any such suspens-on shall be effective
upon transmission by the City of written notice of suspension and shall remain in effect until
Grantee receives written notice from the City Manager declaring the suspension over. The City
shall have no liability to the Grantee as a result of a suspension under this Section 15(d).
16. Written Notices: Any written notices required under this Agreement will be effective
when delivered in person, by email or upon receipt of a certified letter addressed to the Grantee
at the address specified in Article 1-1 of this Agreement., and to the City when addressed as
follows: Cultural Affairs Manager, City of Miami Beach Dept. of Tourism and Culture, 1755
Meridian Avenue, Suite 500, Miami Beach, Florida 33139-1819.
Article III 1 Miscellaneous Provisions
17, No Waiver: No waiver of any breach or failure to enforce any of the terms. covenants,
conditions or other provisions of this Agreement by City at any time shall in any way affect, limit,
modify or waive City's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
18 Captions Used in this Agreement: Captions, as used in this Agreemert, 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.
19. Contract Represents Total Agreerent. 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 n
writing and signed by both parties. Any change to the Grant Amount shall require approval by
appropriate action by the Mayor and City Commission.
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498 of 2591
20. Public_PuTo*e_ The Grant awarded herein is the result of an extensive public review
process, which found 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.
21. No Discrimination. The Grantee also accepts and agrees to comply with the following
special conditions.
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), which prohibits discrimination on the bass of race, color, national
origin, handicap, or sex.
The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time,
prohibiting discrimination in employment (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, intersexualrty, 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.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans
with Disabilities Act of 1990 (ADA) to remove barriers that prevents qualified individuals with
disabilities from enjoyinq the same employment opportunities that are available to persons
without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504
and prohibits discrimination on the basis of disability Accordingly, the City requires that Grant
recipients provide equal access and equal opportunity and services without discrimination on the
basis of any disability.
The Grantee hereby acknowledges that the City of Miami Beach has recognized the
growing problem of antisemitism in the United States and has adopted the International
Holocaust Remembrance Alliance's ("IHRA") Working Definition of Antsemibsm, along with its
examples component, as an important educational tool to address it, as more fully set forth m
City of Miami Beach Resolution 2020-31453.
22. Qgveming 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 he 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, THE CITY AND GRANTEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT
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499 of 2591
23. Florid4 Public R ce ords Law_
A. Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time.
B. The term "public records" shall have the meaning set forth in Section 119.011(12), which
means all documents papers, letters, maps, books, tapes. photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition
of "Contractor" as defined in Section 119 0701(1)(a), the Contractor shall:
1. Keep and maintain public records required by the City to perform the service,
2 Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law,
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed, except as authorized by law,
for the duration of the contract term and following completion of the Agreement if
the Contractor does not transfer the records to the City;
4. Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements If the Contractor keeps and maintains public
records upon completion of the Agreement, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the City, upon request from the City's custodian of public records, in a
format that is compatible with the information technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE.
1. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
2. Contractor's failure tc comply with the City's request for records shall constitute a
breach of the 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.
3 A Contractor who fails to provide the public records to the City within a reasonable
time may be subject to penalties under s. 119.1 .
E. CIVIL ACTION.
1. If a civil actior is filed against a Contractor to compel production of publ c records
relating to the City's contract for services, the court shall assess and awa,d agairst
the Contractor the reasonable costs of enforcement. including reasonable attorney
fees, if
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500 of 2591
a. The court determines that the Contractor unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least eight (8) business days before filing the actior, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the Contractor.
2. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractors registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and with
evidence of delivery, which may be in an electronic format.
3. A Contractor who complies with a public records request within eight (8) business
days after the notice is sent is not liable for the reasonable costs of enforcement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADOO_MIAMIBEACHFL.GOV
PHONE: 305-673-7411
24. 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 un all City wntracts, throughuut the duration of said wntracls. 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 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.
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501 of 2591
C. Upon ten (10) days written notice to Grantee, Grantee shall make all requested records
and documents available to the hispectur 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 uperaliuns activities, performance and
procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of Grantee, its ufficers, agents and ernpluyees, lobbyists, City staff and
elected officials to ensure compliance with the contract documents and to detect fraud and
corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in Grantees possession, custody or control which in the Inspector General's sole
judgment, pertain to performance of the contract, ircluding, but not limited to original estimate
files, change order estimate files, worksheets, proposals and agreements from and with
successful sibcontractors 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. Grantee shall make available at its office at all reasonable times the records, materials,
anc other evidence regarding the acquisition (bid preparation) and performance of this
Agreement, for examination, audit, or reproduction, until three (3) years after final payment under
this Agreement or for any longer period required by statute or by other clauses of this cortract. In
addition:
If this Agreement is completely or partially terminated, Grantee shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement, and
Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
I,tigation, or claims are finally resolved.
F. The provisions in this section shall apply to Grantee, its officers, agents, employees,
subcontractors and suppliers. Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by Grantee in connection with the performance
of this Agreement
G. Nothing in this section shall impair any independent right to the City to conduct audits
ur investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by Grantee or third parties.
25. Force Maieure
A. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance
of the Grantee or the City s obligations under the Agreement, and (ii) is beyond the reasonable
control of such party unable to perform the obligation and (iii) is not due to an intentional act,
error, omiss on, or negligence of such party and (w;l could not have reasonably been foreseen
and prepared for by such party at any time prior to the occurrence of the event. Subject to the
foregoing criteria Force Majeure may include events such as war, civil insurrection, not, Tres,
epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine
restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or
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other acts of God which prevent performance. Force Majeure shall not include technological
impossibility, inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
B. If the City or Grantee's performance of its contractual obligations is prevented or
delayed by an event believed by the party to be Force Majeure, such party shall immediately upon
learning of the occurrence of the event or of the commencement of any such delay, but in any
case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of
Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact
on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of act,on such
party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of
the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of
any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance
that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of
proof of the occurrence of a Force Majeure event shall be on the requesting party.
C. No party hereto shall be I,able for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable. in whole or in part, by Force
Majeure to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer duration
than is required. The party shall use its reasonable best efforts to continue to perform its
obligations hereunder to the extent such obligations are rot affected or are only partially affected
by the Force Majeure event, and to correct or cure the event or condition excusing performance
and otherwise to remedy its inability to perform to the extent its inability to perform is the direct
result of the Force Majeure event with all reasonable dispatch.
D. Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities whir.h matured prior to
the occurrence of a Force Maleure event shall not be subject to the Force Majeure provisions.
E. In no event will any condition of Force Majeure extend this Agreement beyond its stated
term. If any condition of Force Majeure delays a party's performance for a time period greater
than thirty (30) days, the party not delayed by such Force Majeure may terminate this Agreement,
without further obligation, except with respect to provisions which are intended to survive the
expiration or termination of the Agreement.
F. Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend City's
payment obligations under the Agreement, and may take such action without regarc to the notice
requirements herein.
26. E-Verify
A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility' ('E-
Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute,
commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify
the work authorization status of all newly hired employees during the Term of the Agreement.
Additionally, Grantee shall expressly require any approved subcontractor performing work or
providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland
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Security's E-Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract Term If Grantee enters into a contract with an approved
subcontractor: the subcontractor must provide the Grantee with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee
shall maintain a copy of such affidavit for the duration of the Agreement or such other extended
period as may be required under this Agreement.
B. TERMINATION RIGHTS.
1 If the City has a good faith belief but Grantee has knowingly violated Section 448.09(1),
Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and City
shall thereafter have or owe no further obligation or liability to Grantee.
2. If the City has a good faith belief that a subcontractor has knowingly violated Section A
and order the Grantee to immediately terminate the Agreement with the subcontractor.
Grantee's failure to terminate a subcontractor shall be an event of default under this
Agreement, entitling City to terminate the Grantee's contract for cause.
3. A contract terminated under the foregoing Subparagraphs (B)(1) or (B)(2) is not in breach
of contract and may not be considered as such.
4. 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)(1) or (B)(2) no later
than 20 calendar days after the date on which the contract was terminated.
5. If the City terminates the Agreement with Grantee under the foregoing Subparagraph
(13)(1), Grantee may not be awarded a public contract for at least 1 year after the date of
termination of this Agreement.
6. Grantee is liable for any additional costs incurred by the City as a result of the termination
of this Agreement under this section
27. Grantee's Compliance with Anti -Human Trafficking Laws. Grantee agrees to comply
With Section 787.06, Florida Statutes, as may be amended from time to time.
28. Prohibition On Contracting With A Business Engaging In A Boycott. Grantee warrants
and represents that it is not currently engaged in, and will not engage in, a boycott, as defined
in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code,
Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the
Agreement, will not engage in a boycott of Israel.
29. Prohibition On Contracting with an Individual or Entity Which Has Performed Services
for Compensation to a Candidate for City Elected Office. Grantee warrants and represents that,
within two (2) years prior to the Effective Date, Grantee has not received compensation for
services performed for a candidate for City elected office, as contemplated by the prohibitions
and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section
2-379 of the City Code shall not apply to the following.
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of business `or
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clients or customers other than candidates for office. This includes, without limitation, banks,
telephone or internet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional services (including
for example, legal or accounting services).
30. Prohibition Against Contracting with Foreign Countries of Concern when an Individual's
Personal Identifvina Information May Be Accessed. Grantee hereby agrees to comply with
Section 287.' 38, Florida Statutes, as may be amended from time to time, which states that as
of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to,
or enter into, a contract with an entity which would grant the entity access to an individual's
personal identifying mformaton (PII), unless the entity provides the governmental entity with an
affidavit signed by an officer or representative of the entity under penalty of perjury attesting that
the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida
Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the
government of a foreign country of concern has a controlling interest in the entity; or (c) the entity
is organized under the laws of or has its principal place of business in a foreign country of
concern (each a `Prohibited Entity"). A foreign country of concern is defined in Section 287.138
(1)(c), Florida Statutes, as may be amended from time to time, as the Peoples Republic of China,
the Russian Federation,, the Islamic Republic of Iran, the Democratic People's Republic of Korea,
the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic,
including any agency of or any other entity of significant control of such foreign country of
concern. Add'tionally, beginning July 1, 2025. a goverrrrental ent ty may not extend or renew a
contract with a Prohibited Entity. Grantee warrants and represents that it does not fall within
the definition of a Prohibited Entity.
31. 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.
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Exhibit 1 / Project Description
Date(s) of Project: 10/01/2025 - 09i30/2026
Instructions: Describe the Project.. in complete detail, as approved by the Cultural Arts Council.
In a separate narrative, detail all revisions to the Project, as approved by the City Commission.
Please be as specific as possible, and include the name of any events, specific dates. venues,
times, artists, etc. Use an extra page if necessary
Protect description as approved by the Cultural Arts Council
As the situation of the world continuously changes. so does the focus of the Jewish Museum of Florida-
FIU. We are committed to addressing the pressing issues of the day. In response to the attack on Israel
on October 7. 2023, we have created a very comprehensive exhibition, titled The Hate Around Us
defining antisemitism and teaching about the History of antisemitism in our state. Florida. While originally
designed as a temporary exhibit this exhibit has been redesigned to become part of our permanent
collection and will be on display in a special location of the museum during the entire 2025-2026 season.
The museum will also feature specific works of art created by Israeli artists as a reflection of October 7th
and will be on display along with the Hate Among US exhibit.
Beginning in November 2025 and running through April 2026 the museum will highlight the work of
Miami bom, renowned photographer Timothe Greenfield -Saunders. From a family with roots in Florida
since the 1850's. Greenfield -Saunders works in large print format and has captured many of the worid's
distinguished individuals in portrait mode. During Art Basel Season, the museum will feature local Miami.
artist Amy Gelb. Gelb's exhibit illustrates the Story of Jewish History through artwork created on fabnc.
I he pieces are tactile, which enhances the experience for the viewer In conjunction with Casa Cuba -
FIU, we will display the exhibit. Cuban Jews through the Lens of One Family From Greece to Austria to
Cuba to the United States. Based on the collected artifactsphotos, videos and travel and passport
documents, this exhibit describes the journey of the family of local, Emmy award winning journalist,
Patricia San Pedro and tells the story of the journey of her Jewish grandparents through various
countries, to Cuba, and finally to the US, in search of a safe place to call home.
These and all our exhibitions enhance our permanent exhibition "Mosaic" which is a select on of artwork
and artifacts from the museum's collection that illustrate Jewish cultural contnbutions to Flonda. All
exhibits are accompanied by a full roster of engaging and thought -provoking lectures, film screenings,
musical performances, and panel discussions. The exhibits contrbute to the nature and subject matter of
these programs. Mondays at the Museum is a regular sexes of lectures, book reviews and workshops
offered in conjunction with other academic units in FIU. Programs in conjunction with the FIU Wertheim
School of Music the Steven J. Green School of International and Public Affairs, Miami Beach Urban
Studios. The Holocaust Memorial, The American Jewish Committee The Greater Miami Jewish
Federation. and others round out our
cultural and academic offerings to our community.
Project description as revised (if applicable) based upon the City Commission approved award:
Changes to projects funded by Grants awarded under the Artistic Disciplines program must
still adhere to the requirement that the work is new or has never before been presented in
Miami Beach.
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Exhibit 2-A: Total Project Budget
Complete the below Total Project Budget for your awarded artistic and cultural project.
Round of/ all numbers to the nearest doftl .
EXPENSES
REVENUES
CASH
IN -KIND
Admissions
CASH
41,500
IN -KIND
Personnel - Artistic 1143,201
Personnel - Technical
145,484
Corporate support
12,000
j Personnel - Administration
1397,4751
Foundation support
61,000
Outside artistic
fees/services
53,000
Individual support
525,684
Outside other fees/services
30,500
City of Miami Beach Grant
(must not exceed 50% of the
total grant revenues
26,367
Marketing/Publicity
17,500
Other Government Grants:
Space rental
14,000
1. Federal
Utilities
101000
2. State
Equipment rental
2,500
Other: MDC Majors Grant
199,449
Office supplies
3,500
Other. Cily Wide Grant
50,000
Other: —Security
43,850
Other Investment Earrings
40,000
Other: Purchase for Resale
20,000
Other. Store and Program Rev
65,000
Other: Insurance
69,000
Other: Rental, Membership
106,000
Other: Mtscalenious
85,990
Other:
Total cash expenses
cash revenues
Total in -kind expenses
7Total
Total in -kind revenues (may
not exceed 25% of the Total
P t Budget)
Total Project Expenses
(must equal or exceed
grant award plus 1:1 $1,127,000
matching funds): 1
Total Project Revenues
(must equal or exceed
grant award plus 1:1
matching funds
$1,127,000
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Exhibit 2-113: Grant Award Budget (Page 1 of 2)
Directions- Identify and itemize cash expenses to be paid from Grant award funds. Grant
awards may only be spent within budget categories declared below. Line -item changes to said
Budget shall not exceed the total amount of Grant Funds.
All costs included in this budget, whether such costs are paid for with Grant funds, Grantee's
separate match funding, or otherwise paid for at Grantee's sole cost and expense, must be
directly allocable to the Project activity, allowable, and adequately documented. Actual,
allowable expenditures must he reported on all payment requests and financial reports
Only include costs expected to be incurred during the Term of this Agreement. Do not include
unallowable costs. Unallowable costs cannot be supported with Grant funds OR with matching
funds.
Allowable Grant Expenditures Related to Grant Project:
• Artistic, technical, and outside artistic fees directly related to the proposed program or
event that occur within the City of Miam� Beach.
• Marketing, publicity, and printing,
• Honoraria;
• Postage;
• Equipment rental and expendable materials;
• Equipment rental and personnel necessary to provide program accessibility as
mandated by the Americans with Disabilities Act (ADA) and Section 504 of the
Rehabilitation Act of 1973,
• Space rental (performance -related only), and
• Production costs related to the proposed program, project or event.
Grant Use Restrictions
Grant Funds may not he used towards the following activities or items-
• Remuneration of City of Miami Beach employees for any services rendered as part of a
project funded by the City's Cultural Affairs grant programs.
• Administrative salaries or fees (Cultural Anchors are excluded from this restriction);
• "Brick and mortar" expenses or permanent equipment (unless the purchase price is less
than the cost of rental);
• City of Miami Beach fees or services (permit fees off duty police, electricians, insurance,
etc.);
• Debt reduction;
• Indirect or general operating costs related to the operation of the organization (Cultural
Anchors are excluded from this restriction);
• Travel or transportation;
• Insurance Fees (Cultural Anchors are excluded from this restriction),
• Social and/or fundraising events, beauty pageants or sporting events;
• Hospitality costs, including decorations or affiliate personnel, with the exception of artists;
• Cash prizes,
• Lobbying or propaganda materials,
• Charitable contributions; and
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• Events not open to the public, unless the event serves to specifically benefit City of
Miami Beach government and has been previously approved as such by the Cultural
Affairs Program Manager.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Exhibit 2-8: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel - Artistic
Personnel - Technical
Personnel - administration`
'Cultural Anchor $26,367
Grantees ONLY
Outside Artistic Fees
Marketing/Publicity
Printing
Postage
Equipment Rental
—
Space Rental (Performance
Related Only)
Other Costs (itemize below)
1.
2.
3.
4.
5.
Total grant expenses
(must equal grant award):
$26,367
Required supporting materials for final reports:
• Grantees with an operating budget of $100,000 or more and file a formal IRS Form
990 shall only need to provide the most recent IRS 990 filing as proof of payment.
If the grantee has an operating budget of below $100,000 and/or files an IRS 990N/
990EZ, then said grantee shall provide the City with copies of all receipts, invoices,
cancelled checks (copies of both front and back) and proof of expenditures of Grant
monies. GRANTEE SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND
CANCELLED CHECKS, ETC. ACCORDING TO THE CATEGORIES SET FORTH
IN THE GRANT BUDGET. (For example, all artist payments shall be separate
from advertising payments). Invoices and checks must be directly elated to
expenses for Grant -funded activities taking place within the City of Miami Beach
and within the designated Fiscal Year.
• Grantees are required to keep valid documents and records for up to five (5) years
after the fiscal year is complete.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s), such as programs, brochures, and flyers.
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