2017-29732 Reso RESOLUTION NO. 2017-29732
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT,
SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION,
BETWEEN THE CITY AND THE RHYTHM FOUNDATION INC., FOR
THE STAGE RESTORATION AND SUBWOOFER CONCEALMENT
PROJECT AT THE NORTH SHORE BANDSHELL, IN THE TOTAL
AMOUNT NOT TO EXCEED $102,600.00.
WHEREAS, on February 19, 2015, The Rhythm Foundation, Inc. ("The Rhythm Foundation"), a
not-for-profit Florida corporation, and the City executed a Management Agreement for the property
located at 7275 Collins Avenue (the North Shore Bandshell, "the Bandshell"); and
WHEREAS, The Rhythm Foundation, presents concerts, events and festivals by established and
innovative artists from around the world and South Florida; and
WHEREAS, the Bandshell is in need of a new stage and sound renovations, including concealing
a new subwoofer system underneath the stage (the "Project"), in order to further enhance programming
efforts, as well as to mitigate sound concerns for nearby residents; and
WHEREAS, as part of the Parks and Recreation Department's FY 16/17 Current Service Level
Budget, $102,600.00 has been earmarked to fund the Project at the Bandshell; and
WHEREAS, the Administration recommends executing a Grant Agreement with The Rhythm
Foundation, providing that the City will reimburse The Rhythm Foundation for the purchase and
installation of specialized staging and subwoofer equipment necessary to support the Project; and
WHEREAS, the Grant Agreement will require, in material part, that prior to the City reimbursing
The Rhythm Foundation for the expenses relating to the Project, that The Rhythm Foundation provide a
report evidencing how the grant funds were spent and proof that the Project was completed; and that six
(6) months from the Project completion date, but within a year from the Project completion date, The
Rhythm Foundation shall make a presentation to the City Commission describing the impact of the
Project upon the programing for the Bandshell and the noise remediation efforts; and
WHEREAS, the Administration recommends that the Mayor and City Commission approve and
authorize the City Manager to execute a Grant Agreement, substantially in the form attached as Exhibit
"1" hereto.
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 and
authorize the City Manager to execute a Grant Agreement, substantially in the form attached to this
Resolution, between the City and The Rhythm Foundation, Inc., in the total amount not to exceed
$102,600.000, for the stage restoration and subwoofer concealment project at the North Shore Bandshell.
PASSED and ADOPTED this 8`h day of February, 2017.
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® MIAMIBEACH
GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND THE RHYTHM FOUNDATION,
INC. TO COMPLETE THE STAGE AND SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE
BANDSHELL LOCATED AT 7275 COLLINS AVENUE, MIAMI BEACH, FL 33141
This Grant Agreement(Agreement) is entered into effective as of this_day of , , between the City
and Grantee.
Article I/Grant Description .,i,_
- 1. Grantee: The Rhythm Foundation, InctliV
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Grant Contact: Laura Quinlan, Director 1 £°p _`
Address: 7275 Collins Avenue - :�N
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City, State, Zip: Miami Beach, F1oritla•33141 N .
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Phone, fax, e-mail : 786.453.2897 I,g @rhythmfoundation.com.vQ
• 2. Grant amount: $102,600.00 0._ :r
3. Project Description: See Exhibit 1 hereto sir = _<
4. Grant Project Budget: See'Exhibitl2 hereto ,> :
5. Expenditure deadline: September 30;2017 t'=`s=
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6. Project completion date: September:30, 2017
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7. Final Report deadline:= . : _Must be postmarked,or-delivered no.later than 15 days after Project
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EXHIBIT
1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of
, 2017.
Jimmy L. Morales, City Manager
Attest:
Rafael E. Granado, City Clerk
GRANTEE:
The Rhythm Foundation
Federal ID#: 65-0102768 STATE OF FLORIDA, COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before
me this day of 2017,
BY: by Laura Quinlan, as Director of The Rhythm
Laura Quinlan, Director Foundation, Inc., a not-for-profit Florida corporation.
He/She is personally known to me or has produced
as identification.
•
•
Signature of Notary Public
(Grantee's Corporate Seal Here) Notary Name:
Notary Public, State of Florida
•
My Commission Expires:
(City Attorney Approval Here)
•
•
-2-of 8
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 Florida (City). The City has delegated the
responsibility of administering this Grant to the City Manager or his authorized designee, who will be the Director
of the Parks and Recreation Department.
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. All expenditures will be subject to the terms of this
Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Notwithstanding the
. preceding sentence, amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the
• prior written consent of the City Manager or his designee. Said requests shall be made in, in writing, detailing
and justifying the need for such changes.
3. Reports: This Grant has been awarded with the understanding that the activities and services
contemplated under the described Project will mutually contribute to the enhancement of services available to
City residents, businesses, and visitors. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose,
the Grantee must supply.the City Manager with a written Final Report documenting that the Grantee has fulfilled
all requirements. This report must be received by the City within 15 days of the Project's completion date (i.e.
For example, Grantees completing their Project by September 30, 2017 must submit their final reports no later
than October 15th of that year). Notwithstanding the preceding, and as a condition of disbursement of the Grant
funds, the City Manager or his designee may require Grantee to submit an interim written report, detailing
Grantee's compliance at the time of a partial reimbursement request.
• 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(subject to the restrictions therein). 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 supplied subject to the Parties' execution of this
Agreement. At the time of a request for reimbursement, in addition to submitting a report, as described in the
preceding paragraph 3, Grantee shall submit a bill for the Grant sums being requested, along with
corresponding evidence of expenses and payments incurred in connection with the Project, such as payroll
records, invoices, credit card receipts, canceled checks etc. Invoices incurred prior to the fiscal year are not
reimbursable and invoices incurred after the end of the fiscal year are not reimbursable, unless previously
approved by the City. Any request for reimbursement of Grant funds (including the bill, requisite report and
corresponding evidence of expenses and payments), which is not received before October 15, 2017, shall be
forfeited.
• 5. Program Monitoring and Evaluation: The City Manager or his designee may monitor and conduct an
evaluation of the Project under this Grant, which may include, with or without limitation, visits by City
representatives to the Project site 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 documentations or
written reports, prior to the Project completion date, evidencing Grantee's progress on the Project.
6. Bank Accounts and Bonding: Monies received pursuant to this Agreement shall be kept in accounts in
established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in
writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or
write checks on Grant funds.
7. Accounting and Financial Review: Funded activities must take place before the Expenditure Deadline in
. Article 1-5. 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 two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records,
and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices
• during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or
have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant.
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8. Publicity and Credits: The Grantee must include the City of Miami Beach logo and the following credit
• line in all publications related to this Grant: "This Program is financially assisted by a grant from the City of
Miami Beach". Failure to do so may preclude future grant funding from the City in the same manner as if
Grantee defaulted under this Agreement, pursuant to Article 11-12.
9. Liability and Indemnification: The Grantee shall indemnify and hold harmless the City and its officers,
employees, agents and contractors, from any and all liability, losses or damages, including attorneys' fees and
costs of defense, which the City or its officers, employees, agents and contractors 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 if 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 defined the City or its officers, employees, agents and contractors as herein provided.
10. 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 Article 11-12.
• 11. 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 Miami Beach City Code, as amended, which is incorporated herein by reference as
if fully set forth herein.
12. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions
• of this Agreement, the City Manager or his 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 Article 1-5 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.
• 13. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or
failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or
any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term
of this Agreement.
14. Written Notices: Any written notices required under this Agreement will be effective when delivered in
person or upon the 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: City Manager, City of Miami Beach, 1700
Convention Center Drive, 4th Floor, Miami Beach, Florida 33139.
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•
15. 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.
16. Contract Represents Total Agreement: This contract, including its special conditions and exhibits,
. represents the whole and total agreement of the parties. No representations, except those contained within this
agreement and its attachments, are to be considered in construing its terms. No modifications or amendments
may be made to this Agreement unless made in writing signed by both parties, and approved by appropriate
action by the Mayor and City Commission.
Article III I Miscellaneous Provisions
• 17. The Grant awarded herein is the result of a finding by the City, based on representatives, documents,
materials and other information supplied by Grantee, that the Grantee is performing a public purpose through
the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program
component not meeting this condition will be considered a breach of the terms of this Agreement and will allow
the City to seek remedies including, but not limited to, those outlined in this Grant Agreement.
18. The Grantee also accepts and agrees to comply with the following Special Conditions:
The Grantee agrees to comply with the City of Miami Beach Title VI / Nondiscrimination Policy and
Plan, pursuant to Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 (ADA),
Section 504 of the Rehabilitation Act of 1973 (Section 504), as well as other related federal and state laws and
regulations, including Federal Transit Administration (FTA) and Federal Highway Administration (FHWA)
regulations, and the Florida Department of Transportation (FDOT) guidelines. As such, 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 familial status.
The City endorses 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.
Grantee hereby agrees to 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, public accommodations, or public services, on the basis of actual or perceived race, color, national
origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry,
height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or
disability.
19. 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.
(THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK)
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Exhibit 1 / Project Description
Project Description—North Beach Bandshell Stage Renovation and Subwoofer Project
• Key Intended Outcome—Enhance Cultural and Recreational Activities
The Rhythm Foundation Inc. is a Florida not-for-profit organization that presents concerts, events and festivals
by established and innovative artists from around the world and South Florida. They are a cultural anchor in
South Florida, presenting outstanding international music artists and quality community-based programs. Since
2015, the Rhythm Foundation Inc. has been the management company operating the North Shore Bandshell for
the City of Miami Beach.
Programming by the Rhythm Foundation Inc. has grown in popularity and the venue is in the need of stage and
sound renovations to further enhancing programming efforts to engage more nationally recognized acts, as well
as to mitigate sound concerns for nearby residences.
The Grant monies will be used to support the Project. The following expenses will be incurred in the delivery of
these services:
• The purchase and installation of specialized staging and subwoofer equipment which will be used to
support and enhance the Project to include:
o remove all multiple layers of existing plywood stage decking and discard -- existing wood joists
to remain.
o remove a portion of the front CMU stage wall as required for creation of new under-stage
subwoofer cavity.
o replace stage decking with 2 layers of 3/4" Grade 1 marine plywood glued and screwed to
existing wood joists with counter sunk #10 stainless steel wood screws. The plywood joints
could be mitered and filled with flexible urethane type caulking providing a smooth stage deck
suitable as a performance surface.
o Seal the marine plywood decking with a waterproof coating such as Super Deck Exterior Deck
• & Dock Coating by Sherwin Williams.
o build two (2) new under-stage walls creating a funneled subwoofer cavity as indicated on
drawings.
o build three (3) under stage subwoofer isolation platforms as retailed in drawings.
o provide circuits from existing electric panel for under stage subwoofers.
o at the front of stage, where a portion of wall is to be removed, fabricate an aluminum
• acoustically transparent grill face utilizing vertical 2x1 aluminum tubes and structural aluminum
posts in front of a 50% open perforated metal screen.
o provide a keyed locking metal door incorporated into the front grill wall for access to subwoofer
cavity.
o Install a wireless sound level meter system.
o replace the existing speaker support tower manual winches (x2)with electrically powered
•
• versions.
o drawings and permits to be supplied and paid for by the contractor hired by The Rhythm
Foundation, Inc. as part of the total cost of the work
o provide dumpsters for debris associated with above scope of work.
None of the Grant funds may be used toward administrative and overhead costs.
See Exhibit 2 for a complete budget break-down.
The Grantee will support the following Citywide Key Intended Outcome and provide documentation of such:
• Enhance Cultural and Recreational Activities
•
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•
•
Grantee Responsibilities
1. The Grantee's funded services will support the Citywide Key Intended Outcome, as follows:
• With Respect to Project Work:
o The Rhythm Foundation, Inc. shall purchase and install staging and subwoofer equipment,
and pay for any installation costs related thereto, in an amount not to exceed $102,600.00.
The City shall reimburse The Rhythm Foundation for the work related to the Project as set
forth herein.
• With Respect to the Purchased Equipment:
o The contractor and the contract for the work related to the Project shall be subject to the
• written approval of the City Manager or his designee prior to Grantee executing the
contract. At minimum, the contractor must be licensed d insured.
in
a ed.
o All equipment purchased and reimbursed by the City pursuant to this Agreement shall
remain at all times the property of the City. The equipment shall be inventoried, used by the
Grantee, and stored at the North Shore Band Shell.
2. The Grantee will document progress and support of the Citywide Key Intended Outcome above by
providing the following:
a. The Rhythm Foundation will track the grant funds spent.
b. The Rhythm Foundation will track programing gains and noise complaint reductions as a
result of the work completed for six months after the Project completion date.
3. The Grantee will submit a final report no later than October 15, 2017 which documents the efforts
undertaken to support the Key Intended Outcome and including:
a. A Summary of overall Project and its impact on the identified key intended outcomes,
including the following:
i. a detailed report on how the funds were spent, including, without limitation,
• Order forms for the purchase of the approved equipment and labor; cancelled
checks, receipts or other evidence of payment for the approved equipment;
copies of the warranty for the approved equipment and work within the scope of
the Project; evidence that any permits which were opened in connection with the
work were closed; and contractor's affidavit verifying that the contractor and all
Iienholders/subcontractors have been paid.
ii. any additional information/documentation which the City Manager or his
designee may reasonably request to verify completion of Project and impact of
the Project; and
b. A Final Project budget.
4. Within fifteen (15) days from receipt of the final report and final Project budget, the City Manager's
designee shall reimburse the Grantee for the purchase of any equipment and supplies, and for any
labor or services performed in connection with the Project.
5. Grantee shall be required to present the impact of the Project upon programing for the Bandshell and
the noise remediation efforts to the City of Miami Beach Mayor and City Commission, during an agreed
• upon City Commission meeting six (6) months after the Project completion date but within a year from
the project completion date.
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Exhibit 2/Project Budget
The purchase of approved staging and subwoofer equipment
and related installation costs for the Project $ 102,600.00
Total Grant Funds $102,600.00
•
•
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Resolutions -C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT, SUBSTANTIALLY IN THE
FORM ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND THE
RHYTHM FOUNDATION, INC., FOR THE STAGE RESTORATION AND
SUBWOOFER CONCEALMENT PROJECT AT THE NORTH SHORE
BANDSHELL, IN THE TOTAL AMOUNT NOT TO EXCEED $102,600.00.
RECOMMENDATION
Administration respectfully requests approving and authorizing the City Manager to execute a Grant
Agreement between the City and the Rhythm Foundation Inc., for a total sum not to exceed
$102,600.00, for the stage restoration and subwoofer concealment project at the North Shore
Bandshell.
ANALYSIS
The Rhythm Foundation Inc. is a Florida not-for-profit organization that presents concerts,
events and festivals by established and innovative artists from around the world and South
Florida. They are a cultural anchor in South Florida, presenting outstanding international music
artists and quality community-based programs. Since 2015, the Rhythm Foundation has been
the management company operating the North Shore Bandshell for the City of Miami Beach.
Programming by the Rhythm Foundation Inc. has grown in popularity and the venue is in need of
stage and sound renovations to further enhance programming efforts to engage more nationally
recognized acts, as well as to mitigate sound concerns for nearby residences.
During the City's FY 16/17 budget process, a Budget Enhancement Request of $102,600.00
for 2016-2017 was granted to fund the project at the Bandshell. The grant monies will be used
for the purchase and installation of specialized staging and subwoofer equipment which will be
used to support and enhance the project.
The Grant Agreement will require the grantee to provide a report on how the funds were spent
and the programming gains and noise complaint reductions as a result of the work completed in
relationship to the funds provided by the City.
Page 316 of 873
FINANCIAL INFORMATION
During the City's FY 16/17 budget process, a Budget Enhancement Request of $102,600.00
was granted to fund the stage restoration and subwoofer concealment project at the Bandshell.
The grant reimbursements will be funded through this project.
Amount 1 $102,600.00 Account 1 307-0950-000674-28-410-553-00-00-00-
20437
Legislative Tracking
Parks and Recreation
ATTACHMENTS:
•
Description
o Resolution & Exhibit 1
Page 317 of 873