Grant Agreement with Florida International University. Amount: $49,500 . I .20/6.-02S--(7g
MIAMIBEACH
Grant Agreement between the City of Miami Beach,Florida -
and
The.Florida international University Board of Trustees
This Grant Agreement is entered Into this'D,(-1 day of --3- )" _ , 2017, between the .
City of Miami Beach, Florida(the"City )and Grantee,as defined herein. • ,
Article l/Grant Description '
1. Grantee: * Florida International University -
• Grant Contact: . Robert Gutierrez,Assistant Vice President for Research
Address: . - 11200 SW 8m Street,MARC430
City,State,Bp:, , Miami,Florida 33199
Phone,fax,e-mail : 305-348-2494,305-348-4417,putienratik.Qu
2. Grant amount - $49,500
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget See Exhibit 2 hereto •
5. Expenditure deadline: September 30,2017
6. . Project completion date: September 30,2017
7. Final Report deadline: Must be postmarked or defvered.no later than I§days
- after Project completion dale. •
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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I
IN WITNESS WHE- • -, partH_Jtereto have executed this Agreement this 3 day of
Li t 20
Philip Levi 73 ,�
Signature _ * _A
es•
Att
.^sa'''41141::W/ILORIDA,COUNTY OF MIAMI-DADE
1 �10 8 04
3� a Ttie'for g t r ent was acknowledged before
Rx -el Granado,City Clerk 1 N�• ' �
i .. d ��i. 2017
(Grantee's Corporate Seal Here) . '`
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p • •ora .;,. She is personally known to me
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•
GRANTEE:
Federal ID#: 65-0177616 L .4/ AP
BY: Robert Gutierrez,Assistant Vice President for Research S. ure • Note Public
Printed Name of Organization's Authorized VP
Representative r /� 1
(City Attorney Approval Here)
Notary Name:A lee l���d r!ai N`ti t e 5
Notary Public,State of Florida
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION My mmission Expires:
City Attorney ( ,�,* Dote
t�j" ?a.EXatIORuuaRALEs
rComaite #GGV01912
Egkity:444°21•Lete '11110
•
•
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Article II l General Conditione •
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(the`City').The City has delegated the.
responsibility of administering this Grant to the City Manager or his authorized designee." .
• 2.Prol ct 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 of the Grantee's expenditures shall be sitbjeCt•to the ' •
terms of this Agreement,as specified In the itemized Grant Award Budget, attached hereto as Exhibit 2. Line
item changes to said Budget shall not exceed ten percent(10%)per category,and shall,in no event,exceed the
total amount of Grant funds.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 tis:designee. Said
requests that be made in writing,detailing and justifying the need for such changes. . '
. 3. Reports: This Grant has been awarded with the understanding that the activities and •se vicces
contemplated in the described Project.will mutually contribute to the enhancement`of services available to City '
residents, businesses, and visitors,To demonstrate that the Grant is futfiling,or has fulfilled, its purpose, the
Grantee must supply the City Manager with a written Final Report documenting that the Grantee,has fulfilled all A
requirements set forth in this Agreement This report must be received by the City within 15 days of the Project's • '.
Completion date. Grantees completing their Project by the end of the Fiscal Year,.arSeptember 30,2017,must
submit their final reports no later than October 15"'of that year). 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 al reports required to be . •
submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be •
disseminated by the City without the prior written consent of the Grantee.Notwithstanding the preceding,and as
a condition of disbursement of the Grant funds,the City'Manager or his designee may require Grantee to submit
an interim written report,detailing Grantee's compliance at the time of a partial reimbursement request. � •
4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2
(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 • ,'
• responsibility of the Grantee.'Grant Funds willl 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.
5. No guarantee of future 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..
. ' 6. Program Monitoring and Evaluation:The City Manager Or the City Manager's designee 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. or Grantee's'programs, procedures,and operations, or to discuss the '
' Grantee's programs with Grantee's personnel. The City Manager for the City Manager's designee may also
request, and Grantee agrees to submit, additional documentation or written reports, Prior to the Project •
• .' completion date,evidencing Grantee's progress on the Project.
7. Beni(Accounts and Bonding:Grantee shall•maintain.eli 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, '
.. AC 8.Accounting and•Finapclai Review: Any activities funded by this Grant must take place during the City's _
fiscal Year for which the Grant is approved (October 1 - �mbar 30),The Grantee shall keep accurate and .
• complete books and records of all receipts,and expendituresoGrant Funds, In accordance with reasonable .
• accounting standards,and shall retain such books and records for at least four(4)years after completion of the .
Project These books and records, as well as it documents pertaining to payments received and made'in
conjunction with this Grant,including,without limitation,vouchers,bilis,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.At the request of the City, Grantee,shall provide the City(andtor Its designated representatives) '
reasonable access to Its files,records and personnel during regular business houra for the purpose of making
financial audits,evaluations or verifications,program evaluations,or other verifications concerning this Granit,as
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the City deems necessary. 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.
9. 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:"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,pursuant
to Article 11-13.
10. Liability and Indemnificayoq:Grantee shall indemnify and hold harmless the City and its officers,
employees,agents,and contractors,from and against any and aN 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 properly, 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 end 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,end 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 788.28, 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.
11.Assignment:The Grantee shall not be permitted to assign this Grant to any other party.Any purported
assignment well be void,and shall be treated as an event of default pursuant to Article 11-13.
12. Comcijance 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 heroin.
13.PefauttfTerminatlon Provisions: In the event the Grantee shall fall to comply with any of the provisions
of this Agreement,the City may terminate this Agreement and withhold or cancel all or any unpaid Installments
of the Grant, after 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 but unearned by
Grantee in furtherance of this Agreement,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.
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Notwithstanding the provisions of this Section, and without regard to whether City has exercised the
Default provisions thereof,the City nerves the .at Its sole and absolute discretion,to discontinue funding
of the Grant if it is not satisfied with the progress of the Project or the content of any required written report. In
the event of discontinuation of the Grant or at the dose 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
unusedlunexpendedGrant Funds.
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14. 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.
15.Written Notices:Any written notices required under this Agreement MI 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's Office, 1700 Convention Center
Drive,41'Floor,Miami Beach,Florida 33139.
15. Captions Uted 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 Reuresents Total Agreement: This contract, including its special conditions and exhibits, t'
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.
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Article ill/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 wMl 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 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 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 end requires that Grant recipients provide equal access and equal
opportunity and services without discrimination on the basis of any 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.
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Exhibit 1 •
Project Description •
Grant funds will be used in support of the City of Miami Beach's Strategic Plan.The Grant will be used to fund
Jewish Museum programs and maintain the Jewish Museum buildings and grounds(the"Project*).The Project "
will attract new and returning visitors to the Museum and to the City by providing famify4riendly recreational
. activities, engaging the City's senior residents, and expanding learning opportunities for the City's youth.
Additionally,the Grant will be used to provide for the maintenance of the Museum's grounds and two buildings,
which are both listed on the National Register of Historic Places, including routine maintenance and any
necessary repairs.Such-maintenance will enhance the SoFt neighborhood.
The following expenses will be Incurred in the delivery of these services: '
• Salaries and Benefits
• Operating Expenses
. • Expenses for maintenance and repairs. ;
See Exhibit 2 for a complete budget break=down.
The Grantee will support the following City Key Intended Outcome and provide documentation of such support:
• Improve Alliance With Key Business Sectors,Namely Hospitality,Arts,&International Business With A
Focus On Enhanced Culture.Entertainment,&Tourism;
• Maximize The Miami Beach Brand as a World Class Destination;and
• Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods;Focusing On Cleanliness,
RRistoric Assets,In Select Neighborhoods And Redevelopment Areas.
Grantee Responsibilities
1. The Grantee's funded services will support the following Citywide Key intended Outcome: •
• improve Alliance With Key Business Sectors, Namely Hospital ty, Arts, & International
Business With A Focus On Enhanced Culture,Entertainment,&Tourism;
• " Maximize The Miami Beach Brand as a World Class Destination;and
• Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods;Focusing On
Cleanliness,Historic Assets,In Select Neighborhoods And Redevelopment Areas.
2. The Grantee shall document progress and support of the Citywide Key Intended Outcome above by
providing the following information:
a. Number of family programs offered;
b. Number of programs targeted toward seniors;
c. Number of programs targeted toward students offered;
• d. Number of multi-cultural exhibits and programs offered;and .
• e. Number of total visitors to the Museum.
3. •The Grantee shall maintain a record of the following as evidence of expenses Incurred for the operation
of the Visitor information Center:
a Payroll Records(Including salary,fringe,benefits,etc.)
b. Supplies and Services Receipts(invoices and cancelled checks) •
•
• 4. The Grantee shall submit a final report to the City,no later than October 15,2017,which documents the
efforts undertaken to support the Key Intended Outcome and which includes the following information:
a. Summary of overall project end its impact on Miami Beach as a destination brand
• b. Final project budget.
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