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Fiscal Year 2021-2022 Grant Agreement with Miami Design Preservation League eSc, O . 24:"21 - 31&-2 CITY OF MIAMI BEACH FISCAL YEAR 2021-2022 GRANT AGREEMENT PROJECT NO. 2022-CMB-09 This GRANT AGREEMENT is made and entered into this day of AUG 1 y 2022 20 by and between the City of Miami Beach,Florida(hereinafter the"City"),and Miami Design Preservation League, a Florida (hereinafter the "Grantee").This Agreement is effective October 1,2021, the"Effective Date." ARTICLE I/GRANT DESCRIPTION GRANTEE: Miami Design Preservation League GRANTEE CONTRACT ADMINISTRATOR: Daniel Ciraldo ADDRESS: PO Box 190180 CITY,STATE,ZIP: Miami Beach. FL. 33119 PHONE,E-MAIL: 305-672-2014:danieI mdpl.orq GRANT AMOUNT: $23,000 PROJECT DESCRIPTION: See attached Exhibit 1 GRANT PROJECT BUDGET: See attached Exhibit 2 GRANT TERM: October 1,2021-September 30, 2022 EXPENDITURE DEADLINE: September30,2022 PROJECT COMPLETION DATE: September 30,2022 FINAL REPORT DEADLINE: October 15, 2022 FINAL REIMBURSEMENT REQUEST October 15, 2022 DEADLINE: . Page 1 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach,Florida ATTEST: By: Rafael E. ranado, City Clerk ma T Hudak,City Manager AUG 1 9 2022 ni:B Date INCORP GRATED 'h F a H FOR GRANTEE: L,,,, ............. Miami Design Preservation League ATTEST: jiadica_ By: Authorized Signe i e 4 '/ Aama, I��iL �61 c Ce G ��� GeA Print Name and Title Print Name and Title _pe ' g/a5":20 act Date .Mr Notary PubNve or RloritlR APPROVED AS TO N made Shamc eSta FORM&LANGUAGE 1 ttMy commhaan o0 284aaa &FOR EXECUTION raa osnaioc Page 2 1 i 02 Z 1y Attorney•k Oft ARTICLE II!GENERAL CONDITIONS 1 PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a municipal corporation organized under the laws of the State of Florida. The City has delegated the responsibility of administering this Grant to the City Manager or the City Manager's authorized designee (the"Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description,attached hereto as Exhibit 1.Any modification to Exhibit 1, Project Description,shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for activities, services, and/or goods to be provided within the City of Miami Beach. 3 GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach.All of the Grantee's expenditures are subject to the terms of this Agreement and shall be spent in accordance with the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2, Project Budget, shall not be effective unless approved by a written amendment to the agreement signed by the City Manager and Grantee. Notwithstanding the foregoing, no modification to the project budget shall exceed the Grant Amount set forth in Article I of this Agreement. Any request by Grantee to modify Exhibit 2, Project Budget, shall be made in writing, using City approved forms, detailing and justifying the need for such changes 4. REPORTS: This Grant has been awarded with the understanding that the activities, services, and/or goods,contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents,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 Contract Administrator by the following dates: January 15`", April 15th, July 15th, and the final report by October 15th. New grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent grant,if it has not received all reports required to be submitted by Grantee,or if such reports do not meet the City's reporting requirements.Any reports are public records under the Florida law,and may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports must be submitted on Exhibit 3,the Grant Quarterly Status Report Form,detailing Grantee's compliance at the time of a partial reimbursement request. 5. REIMBURSEMENT REQUESTS: Reimbursement requests must only be made after expenditures have occurred. All reimbursement requests must be submitted on the form in Exhibit 4, Grant Reimbursement Request Form. All reimbursement requests must be submitted prior to October 15th 2022 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 shalt provide the City with and shall categorize all receipts, invoices, cancelled checks, and other documentation, according to the categories set forth in the grant budget.Invoices and checks must be directly related to expenses for Grant-funded activities taking place within the 2021-2022 Fiscal Year Page 3 6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set forth in Article I, subject to availability of city funds and other restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will only be remitted to the Grantee once the Mayor and City Commission have approved the grant award,and once all parties have executed this Agreement. 7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be used for the following expenditures remuneration of City employees for services rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes; lobbying or propaganda materials; charitable or political contributions; or events not open to the public. 8. NO GUARANTEE OF FUNDING:The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the Term specified in this Agreement. 9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's designee may monitor and conduct evaluations of the Project under this Grant,which may include,with or without limitation, visits by City representatives to Grantee's offices and/or the site of any project funded by this Grant, to observe Grantee's programs, procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel;and/or requests for submittal of additional documentation or written reports(prior to the Project completion date)evidencing Grantee's progress on the Project. 10 BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds. 11.ACCOUNTING AND FINANCIAL REVIEW: Funded activities under this Grant must take place during the City's fiscal year(October 1 —September 30)for which the Grant is approved. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with generally accepted accounting principles and standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant (including, without limitation, vouchers, bills, invoices, receipts and canceled checks), shall be dated within the fiscal year for which the Grant is approved, and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee,for at least three(3)years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice (which may be verbal notice). Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not be claimed under any other Agreement from the City of Miami Beach, or from any other entity. Any claim for double payment by Grantee shall be deemed a breach of this Agreement. 12 PUBLICITY AND CREDITS: The Grantee must include the City logo and the following credit line in all publications related to this Grant. "This Project is funded in whole or in part by a grant from the City of Miami Beach." Grantee's failure to comply with this paragraph shall be deemed a breach of this Agreement and may preclude future grant funding from the City. Page 4 13. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the City and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys' fees and costs of defense,for personal,economic,or bodily injury,wrongful death,or loss of or damage to property, which the City or its officers, employees, agents and contractors may incur as a result of claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits,or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys'fees which may issue thereon Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and contractors as herein provided. If the Grantee is a government entity, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute whereby the Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgments paid by the government entity arising out of the same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Grantee entity. 14. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 15. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws including, but not limited to, Miami-Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 16. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with any of the provisions of this Agreement, the City Manager may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five(5)calendar days written notice to the Grantee, and the City shall have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee,as of the date that the written demand is received Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned to the City within fifteen(15)days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request, in writing,from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one(1)year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that Page 5 may be available to it under the law. Notwithstanding the provisions of this Section,and without regard to whether City has exercised the default provisions herein, the City Manager reserves the right, at its sole and absolute discretion,to discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In the event of discontinuation of the Grant, any unexpended Grant Funds shall be immediately returned to the City,except where the City Manager has agreed,in writing,to alternative use of the unexpended Grant Funds. 17. Force Majeure: (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Grantee or the City's obligations under the Agreement,and(ii)is beyond the reasonable control of such party unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or Grantee's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately upon learning of the occurrence of the event or of the commencement of any such delay,but in no case within fifteen (15)business days thereof, provide notice of(i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii)of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay, and (v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section;however,receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch (D) Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event causing the suspension of performance shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. Page 6 (E) In no event will any condition of Force Majeure extend this Agreement beyond its stated term. If any condition of Force Majeure delays a party's performance for a time period greater than thirty (30)days, the party not delayed by such Force Majeure may terminate this Agreement, without further obligation, except with respect to provisions which are intended to survive the expiration or termination of the Agreement, (F) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend City's payment obligations under the Agreement, and may take such action without regard to the notice requirements herein. 18. INSURANCE REQUIREMENTS: A. Grantee shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section, as follows. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and Employer's Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. ii. Commercial General Liability on a comprehensive basis, including products and completed operations, contractual liability, property damage, bodily injury and personal &advertising injury combined single limit of$1,000,000 per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an additional insured with respect to this coverage. iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than$500,000 combined single limit per occurrence for bodily injury and property damage. B. Additional Insured Status The City of Miami Beach,Florida must be named as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. C Waiver of Subrogation Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 0. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Bests rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. Special Risks or Circumstances Page 7 The City of Miami Beach reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH do HR Department/Risk Management Division 1700 Convention Center Drive Miami Beach, FL 33139 F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and obligation under Section 13,or under any other section of this Agreement. 19. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this Agreement by either party at any time shall in any way affect,limit, modify or waive either party's right thereafter to enforce or compel strict compliance with every term, covenant,condition or other provision hereof. 20. WRITTEN NOTICES: Any notices required under this Agreement will be effective when delivered to the City in writing and addressed to the Contract Administrator.Any notices required under this Agreement will be effective when delivered to the Grantee in writing and addressed to the Grantee Contract Administrator. 21. CAPTIONS USED IN THIS AGREEMENT: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 22. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations, except those contained within this agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing and signed by both parties. Any change to the Grant Amount shall require approval by appropriate action by the Mayor and City Commission. 23. CITY CONTRACT ADMINISTRATOR:Ali contract related questions,reports and requests for reimbursements is to be submitted to the City Contract Administrator listed below. Judy Hoanshelt Director,Grants and Intergovernmental Affairs Division City of Miami Beach Office of The City Manager 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7010 Fax: 786-394-4675 Email: udyhoanshelt, rniamibeachfl.cgov ARTICLE III/MISCELLANEOUS PROVISIONS 24. The Grant awarded herein is the result of a finding by the City, based on representations, documents,materials and other information supplied by Grantee,that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the Page 8 terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 25.The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d et seq.)prohibiting discrimination on the basis of race,color, national origin, handicap,or sex. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment, housing and public accommodations on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation,or political affiliation. The City endorses, and Grantee shall comply with, the clear mandate of the Americans with Disabilities Act of 1990(ADA)to remove barriers,which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 26. GOVERNING LAW AND EXCLUSIVE VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade-County, Florida,if in State court,and the U.S. District Court,Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT. 27. FLORIDA PUBLIC RECORDS LAW: A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term"public records"shall have the meaning set forth in Section 119.011(12),which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software,or other material,regardless of the physical form,characteristics,or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of "Contractor"as defined in Section 119.0701(1)(a),the Grantee shall: i. Keep and maintain public records required by the City to perform the service; ii. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; Page 9 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 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 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 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. it. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. iii. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119 10. E. CIVIL ACTION i. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request,including a statement that the Grantee has not complied with the request, to the City and to the Grantee. ii A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. iii. A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. Page 10 F. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO,CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO(a7MIAMIBEACHFL.GOV PHONE: 305-673-7411 28. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may,on a random basis, perform reviews,audits,inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers,agents and employees, lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten(10)days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists,City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records,materials, and Page 11 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 Agreement In addition: i. If this Agreement is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three(3)years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this Agreement. G Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities_ The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 29. BOARD TRAINING:Pursuant to Resolution 2018-30552, Grantee is required to have 51%or more of its board membership complete the City's training for board members, if all three of the following apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 million; and, 3) the grant award is for $25,000 or more in City funds. The Board Training must be completed within the last two years prior to the receipt of City funds. 30. E-VERIFY: (A) To the extent applicable, 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 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 employee or contractor during the contract Term. If Grantee enters into a contract with an approved contractor, the contractor must provide the Grantee with an affidavit stating that the contractor 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 that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. (2) If the City has a good faith belief that a employee or contractor has knowingly violated the foregoing Subsection 10.9(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the Agreement with the employee or contractor. Grantee's failure Page 12 to terminate an employee or contractor 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 Subsection(B)(1)or(B)(2)is not in breach of contract and may not be considered as such. (4) The City or Grantee or contractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection(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 Subsection(B)(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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 13 EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED The Art Deco Welcome Center is South Florida's leading visitor center and our home since 1993.MDPL manages the center,which is owned by the City of Miami Beach. The center includes a Visitor Concierge, Daily Walking Tours, the Art Deco Museum, and the Official Art Deco Gift Shop, as well as MDPL's administrative offices.This grant will help support the Art Deco Museum exhibitions printing and marketing for our upcoming exhibition on the Radio. PROGRAM DESCRIPTION The Art Deco Museum is located at 1001 Ocean Drive and is an excellent resource for visitors as well as residents.A visit to the museum will teach about the three major historic design styles in Miami Beach.These styles are Mediterranean,Art Deco,and Miami Modern(MiMo).In addition to our permanent exhibitions,we develop and deliver ongoing rotating exhibitions focused on topics related to our mission. Last year, we initiated a local artist program, which highlights work by local artists inspired by the nature, beauty, and architecture of Miami Beach. Miami-Dade County residents receive free admission to the museum.General entrance fee is$5.Students and children also receive free admission. As we work on elevating the museum offerings and have committed to obtain AAM Accreditation by 2024, we are seeking funds to assist in the development,printing,and marketing of our next exhibition.Our current special exhibition: Morris Lapidus "I Did it My Way," a 20-year retrospective, has been well received by visitors and residents.By devoting more resources to design and printing,the Lapidus exhibit has elevated the quality of our educational exhibit offerings.We look forward to similar enhanced exhibition for our next special exhibition which will center on the Radio and its impact on Art Deco, society,Miami Beach tourism, and more. LOCATION 1001 Ocean Drive, Miami Beach, FL, 33139 GRANT ACTIVITIES _ — Activity Name Activity Description Description of Service Number of Recipients Service Recipients Art Deco Museum Art Deco Museum exhibition Visitors from around the Approximately development including world as well as residents 20,000 printing, design, and of Miami-Dade County I annually to the marketing and greater Florida Museum __4 GOALS/OUTCOMES _ utcome easure `Target Reporting Deadline ncreased ncreased engagement with Starting in mid-April when nd of City Fiscal ngagement exhibition in-person, on our he exhibition launches ear website, and via social media Page 14 STAFFING Position Title Description/Responsibilities to Grant Program Executive Director Will oversee development of the museum along with guest curator, volunteers, and graphic designer Graphic Designer Will design the elements of the museum exhibition CGuest Curator Will assist in the narrative and themes of the exhibition Page 15 EXHIBIT 2 PROJECT BUDGET Budget Line Item Description Project Budget Staff Salary and Wages: Museum Greeter/Programs Coordinator Staff Salary and Wages: Tours Coordinator Consulting Services Medication Co-Payments - Professional Services Marketing/Publicity/Advertising Includes advertising in local media, $800 social media,and direct mail Outside Services Trainings/Worksho�_ Materials/Supplies Printing &Copying Includes graphic design, printing, and 1$15,000 :opying of exhibition and related n aterials Postage&Delivery _ Equipment Rental/Purchase Total: S23,000 Page 16 EXHIBIT 3 CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM CMB GRANT AGREEMENT NO.: GRANTEE NAME: GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: '-- GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REPORT PERIOD: ❑ Oct.1 -Dec.31 ❑ Jan. 1 —Mar.31 ❑ Apr.1 —Jun.30 ❑ Jul.1 -Sept.30 Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct.15 GOALS/OUTCOMES: Outcome I Measure Target Accomplishments i To-Date PROBLEM ENCOUNTERED: OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 17 EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM CMB AGREEMENT NO.: GRANTEE NAME: -- — GRANTEE ADDRESS: GRANTEE CONTRACT ADMINISTRATOR: GRANTEE CONTRACT ADMINISTRATOR'S E-MAIL ADDRESS: REQUEST No. Amount of Assistance: Less Previous Total Disbursements_ _b_ Balance Available Funds Requested This Disbursement: Certification of Payment: I certify that the above expenses were necessary and reasonable for the maintenance and operation of our premises and in accordance with this agreement. Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 18