MOU with North Bay Village ao1R- 3ogs'-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND NORTH BAY VILLAGE, FLORIDA FOR
THE IMPLEMENTATION OF THE STEAM PLUS INITIATIVE AT TREASURE ISLAND
ELEMENTARY SCHOOL
FOR SCHOOL YEAR 2019/2020
This Mem9randum of Understanding ("MOU") made and entered into this Zt
day of Ra4em1De,- , 2019 ("Effective Date"), by and between the City of Miami
Beach, Florida ("CMB") and North Bay Village, Florida ("NBV"), for the
implementation of a STEAM Plus program at Treasure Island Elementary School as
provided therein. NBV and CMB may be individually referred to herein as a "Party" or
collectively as the "Parties".
WITNESSETH
WHEREAS, on January 16, 2019 the Mayor and the City Commission adopted
Resolution No. 2019-30690, authorizing the City Manager and City Clerk to.execute a grant
agreement with the Friends of the Bass Museum, Inc. (the "Bass"), for the implementation of a
Beta Test for a Science, Technology, Engineering, Arts, and Mathematics(STEAM) Plus program
("STEAM Plus Initiative") with all six Miami Beach public schools (kindergarten - 12th grade) and
six local cultural institutions; and
WHEREAS, the participating cultural institutions included the Bass Museum, Miami City
Ballet, New World Symphony, the Jewish Museum, the Wolfsonian, and Young Musicians United;
and, wherein the participating schools include Biscayne Beach Elementary School, Miami Beach
Fienberg-Fisher K-8, Miami Beach Nautilus Middle School, North Beach Elementary School,
Miami Beach Senior High School, and Miami Beach South Pointe Elementary School; and
WHEREAS, the program is referred to as a STEAM Plus Initiative, and is intended
to inspire students to engage and prepare in science, technology, engineering, arts, and
mathematics, and to work with cultural anchors to infuse theatre, visual arts, dance, and
music in traditional class offerings; and
WHEREAS, the "Plus" component of the STEAM Plus Initiative is the City's pilot
program to promote career and college readiness; and
WHEREAS, on July 17, 2019 the Mayor and the City Commission adopted Resolution No.
2019-30906, authorizing the City Manager and City Clerk to execute a new grant agreement with
the Bass for the implementation of the STEAM Plus Initiative with all six Miami Beach public
schools (kindergarten - 12th grade) and six local cultural institutions for the 2019-20 school year;
and approving a STEAM liaison for each of the six public schools; and
WHEREAS, NBV has requested that the STEAM Plus Initiative program be implemented
at Treasure Island Elementary School for the 2019-20 school year; and
WHEREAS, on September 11, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30955, amending Resolution No. 2019-30906, approving an amended grant agreement
with the Bass, adding the following six additional cultural institutions to the STEAM Plus Initiative
Program: Miami Beach Bots, the Holocaust Memorial of the Greater Miami Jewish Federation,
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Perez Art Museum Miami, Miami Theater Center, Miami New Drama and Hack Shack; and
approving the addition of Treasure Island Elementary School to the Program, with North Bay
Village, Florida contributing no less than 50% of the anticipated cost to implement the program
(for the 2019-2020 school year), with the City's contribution not exceeding $9,000.00, and adding
a STEAM liaison for the Treasure Island Elementary school program for a fee not to exceed
$1,000.00.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises,
covenants, and payments hereinafter set forth, the Parties agree to provide for a STEAM
Plus Initiative program at Treasure Island Elementary school during the 2019/2020
School Year, as may be extended by the party based upon the following terms and
conditions:
1. CMB has entered into an agreement with the BASS whereby the BASS shall
provide and manage the STEAM Plus Initiative program, incorporated herein
by reference and attached hereto as Exhibit "1" (the "Bass Grant Agreement").
The City shall retain the sole responsibility for the management and oversight
of the STEAM Plus Initiative program. Additionally, the City, at its sole
discretion, may operate the program or retain a third party manager to assume
those responsibilities. All non-consumable equipment utilized in connection
with the program shall remain at all times the property of CMB.
2. Within ten (10) days from the Effective Date, NBV shall provide funding to CMB
for the 2019/2020 STEAM Plus Initiative at Treasure Island Elementary School
in the amount of$9,500.00.
3. This MOU may be extended by the mutual agreement of the parties for two
additional one (1) year renewals terms, based upon the same terms. Any
extensions of the MOU shall be memorialized in writing pursuant to an
amendment to the MOU, signed by all parties.
4. Indemnification. Each Party agrees to be fully responsible for its acts of
negligence or its employees' acts of negligence when acting within the scope
of their employment and agrees to be liable for any damages resulting from
said negligence. This section shall survive the termination of all performance
or obligations under this Agreement and shall be fully binding until such time
as any proceeding brought on account of this Agreement is barred by any
applicable statute of limitations. Notwithstanding the foregoing, each Parties'
indemnification herein is subject to applicable laws, including, but not limited
to, Section 768.28, Florida Statutes, as may be amended, and the limitations,
restrictions, and defenses therein.
5. Nothing contained herein shall constitute a waiver of sovereign immunity by
any of the Parties to this Agreement as it may be applicable or of any rights or
limits to liability existing under Section 768.28, Florida Statutes. This section
shall survive the termination of all performance or obligations under this
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Agreement and shall be fully binding until such time as any proceeding brought
on account of this Agreement is barred by any applicable statute of limitations.
6. In the event that NBV is not able to secure funds for their respective
proportionate share of funding as provided in paragraph 2, then CMB may
adjust the services to be provided through the STEAM Plus Initiative program
for the school.
7. In the event that any of the provisions in this MOU are not performed, or if the
2019/2020 STEAM Plus Initiative is terminated after funds have been dispersed
to CMB as provided in paragraph 2, then CMB shall promptly reimburse NBV
their proportionate share of unused and unencumbered funds.
8. Notice. When any of the parties desire to give notice to the other, such
notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the
party for whom it is intended at the place last specified; the place for giving
notice shall remain such until it is changed by written notice in compliance with
the provisions of this paragraph. For the present, the Parties designate the
following as the respective places for giving notice:
To NBV: Ralph Rosado, PhD, AICP
Village Manager
1450 N.E. 2nd Avenue, suite 912 _
North Bay Village, FL 33141
With a copy to: Brent Latham
Village Mayor
1450 N.E. 2nd Avenue, suite 912
North Bay Village, FL 33141
To CMB: Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
With a copies to: Raul J. Aguila
City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
Dr. Leslie Rosenfeld
Chief Learning Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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9. Public Records. Pursuant to Section 119.0701, Florida Statutes, any Party
contracting with CMB or NVB is required to: (a) keep and maintain available for
public inspection any records that pertain to services rendered under this
Agreement for a period of five (5) years; (b) provide such public records and at
a cost in accordance with Chapter 119, Florida Statutes, or as otherwise
provided by law; (c) ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed
except as authorized by law; and (d) meet all requirements for retaining public
records, transfer records, at no cost, to M-DCPS, or CMB, as applicable, and
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements in accordance with State of Florida
records retention law and regulations. Each Party shall be responsible for
compliance with any public records request served upon it pursuant to Section
119.07, Florida Statutes, and any resultant award of attorney's fees for non-
compliance with that law. Each Party acknowledges that this Agreement, and
all attachments thereto, are public records and do not constitute trade secrets.
IF NBV HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT . THE CUSTODIAN OF PUBLIC
RECORDS:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADORMIAMIBEACHFL.GOV
PHONE: 305-673-7411
10. Place of.Performance. Students enrolled pursuant to this Agreement will
attend classes at the High School or the Middle School, as appropriate.
11.Governing Law and Venue. Each Party shall comply with all applicable
federal and state laws, codes, rules and regulations in performing its duties,
responsibilities and obligations pursuant to this Agreement. This Agreement
shall be construed in accordance with the Laws of the State of Florida. The
venue for any dispute with respect to this Agreement shall be in Miami-Dade
County, Florida. CMB and NBV shall be responsible for their respective
attorney's fees and costs incurred as a result of any action or proceeding under
this Agreement.
12.Entirety of Agreement. This Agreement incorporates and includes all prior
negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained herein and the Parties agree that there are
no commitments, agreements or understandings concerning the subject matter
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of this Agreement that are not contained in this Agreement. Accordingly, the
Parties agree that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements, whether oral or written.
13.Preparation of Agreement. The Parties acknowledge that they have sought
and obtained whatever competent advice and counsel as was necessary for
them to form a full and complete understanding of all rights and obligations
herein and that the preparation of this Agreement has been their joint effort.
The language agreed to herein expresses their mutual intent and this resulting
Agreement shall not, solely as a matter of judicial construction, be construed
more severely against one of the Parties than the other.
14. Amendments. No modification, amendment, or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document prepared with the same formality as this Agreement and executed
by each Party hereto. The City Manager of the City of Miami Beach, Florida,
on behalf of CMB, shall be authorized to execute any amendment or extension
of this Agreement. The City Manager of North Bay Village, Florida shall be
authorized to execute any amendment or extension of this Agreement.
15. Waiver. There shall be no waiver of the right of any Party to demand
performance of any of the provisions, terms and covenants of this Agreement
nor shall there be a waiver of any breach, default or nonperformance hereof by
any Party, unless such waiver is explicitly made in writing by the such Party.
16.Force Majeure. No fault, delay, or failure to perform on the part of any Party
to this Agreement shall be considered a default, delay or failure to perform, if
such a default, delay or failure to perform is due to causes beyond the Party's
reasonable control (e.g., hurricane and other acts of God, war, terrorist
attacks). In the event of such default, delay, or failure to perform, the
performance of the provisions contained herein will be extended upon mutual
agreement of all Parties.
17.Authority. Each person signing this Agreement on behalf of each Party
individually warrants that he or she has full legal power to execute this
Agreement on behalf of the Party for whom he or she is signing and to bind and
obligate such Party with respect to all provisions contained in this Agreement.
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IN WITNESS THEREOF, the Parties hereto have executed by their respective and
duly authorized officers the day and year first above written.
ATTEST: CITY OF MIAMI BEAC FLORIDA a
• municipal orporation of; he State of Florida
By: ' 2` By:
Raf.el E. Granado, City Cle ks n Jimm 1 Mor- ity anager
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ATTEST: NORTH BAY VILLAGE, FLORIDA, a
_ municipal corporation of the State of Florida
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GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND FRIENDS
OF THE BASS MUSEUM,INC.
This Grant Agreement("Agreement") is entered into this ! day of 0 C7 , 2019,
between the City of Miami Beach, Florida, a municipal corporation duly organized and existing •
under the laws of the State of Florida (the "Cit}") and the:Friends of the Bass Museum, Inc., a
Florida not-for-profit corporation(the"Bass"or'"Grantee") . '
Article I I Grant.,Description
1. Grantee: Friends of the Bass.Museum,.Inc:
Grantee Contact: Silvia Karmari••Cubina
- - --- ---_ Address: ---- 2100 Colliris.Avenue,.: •_
City, State, Zip: Miami Beach, Florida 33139
Phone, fax, e-mail: (305)673-7530, (786)394-4014,
SilviaCubina@miamibeachfl.gov
2. Grant amount: NOT TO EXCEED$372,000.00
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See Exhibit 2 hereto
5. Expenditure Deadline: Initial term, September 30, 2020;approved renewal terms,
September 30th of succeeding fiscal years
6. Project Completion Date: Initial term, September 30, 2020; approved renewal terms,
September 30th of succeeding fiscal years
7. Final Report deadline: Must be delivered to City no later than 30 calendar days
after project completion deadline.
2 EXHIBIT
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this i
day of CYC7 , 2019.
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CITY OF MI i MI BEAC ( •
Jimmy ► Morales, Ci y Manager
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ATTEST: . . OCT 120.19 ,
•Rafael E. G anal'•, City Clerk \\ �` ?'
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FRIENDS OF THE BASS MUSEUM, INC.
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George Linde anh-, President•
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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).
2. Term:
(A) This Agreement shall have an initial one-year term running coterminous with fiscal year
2019-2020, October 1, 2019 through September 30, 2020. Subject to funding approval (as
described in Section 6)and Grantee's compliance with the terms of the Agreement for the prior
fiscal year, the City Manager, at the City Manager's sole discretion, may renew the Agreement
for two (2) additional one-year terms. The initial term and each approved renewal term may be
individuate referred to as a'Term"or collectives as the'Term"._
(B) Termination for Convenience of the City. The City may also, through its City Manager,
and for its convenience and without cause,terminate the Agreement at any time during the Term
by giving written notice to the Bass of such termination;which shall become effective within thirty
(30)days following receipt by the Bass of such notice. Additionally, in the event of a public health,
welfare or safety concern, as determined by the City Manager, in the City Manager's sole
discretion, the City Manager, pursuant to a verbal or written notification to the Bass, may
immediately suspend the services under this Agreement for a time certain, or in the alternative,
terminate this Agreement on a given date. if the Agreement is terminated for convenience by the
City, the Bass shall be paid for any services satisfactorily performed up to the date of termination;
following which the City shall be discharged from any and all liabilities, duties, and terms arising
out of, or by virtue of, this Agreement.
These provisions shall not waive or preclude the City from pursuing any other remedies
that may be available to it under the law or under this Agreement.
3. Project Description:The City has delegated to the Bass the responsibility of administering
the Project described in the Project Description set forth in Composite Exhibit 1, incorporated
herein by reference and attached hereto. The Grantee may only use the Grant for the purposes
that are specifically described in the Project Description, attached hereto as Composite 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. Line item changes to said Budget shall not exceed
ten percent(10%)per category and shall not exceed ten percent(10%) of the amount allocated
on Exhibit 2 per cultural institution,and shall, in no event,exceed the total amount of$372,000.00.
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 writing,
detailing and justifying the need for such changes.
4. 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 students at Biscayne Beach Elementary School, Miami Beach Fienberg
Fisher K-8 Center, Miami Beach Nautilus Middle School, North Beach Elementary School, Miami
Beach Senior High School, Miami Beach South Pointe Elementary School and Treasure Island
Elementary School. 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 no later than the Final
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Report deadline set forth in Article 1-7. 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.
5. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in
Article 1-2 and is 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 dispersed to the Bass after execution of this Agreement as follows:
A one-time lump sum payment of$30,000.00 will be paid to the Grantee within thirty(30) days
from execution of the Agreement earmarked for the purchase of equipment and supplies("initial
draw"). The Grantee will provide evidence of the expenditures relating to the initial draw pursuant
to Section 3(B)of Exhibit 1.
All property and supplies shall remain property of the City at all times. All equipment and non-
consumed supplies shall be returned to the City Manager's designee at the end of each school
year. Failure to return non-consumed supplies will result in a reduction to the final payment to the
Bass equal to the cost of the missing equipment. Thereafter, grant funds shall be disbursed on a
quarterly basis following execution of this Agreement. A detailed invoice must be provided to the
City within 30 calendar days following the end of each quarter. No disbursement will be made
until the City has received detailed documentation (invoices, cancelled checks, receipts, etc.)for
the expenses, and the original receipts, incurred and paid by the Bass and/or the cultural
institutions in the quarter prior and provided that all funds disbursed have been fully utilized as
required by this Agreement. Monies shall be dispersed pursuant to the agreed upon schedule in
accordance with the requirements of this Agreement.
6. No guarantee of future funding/Funding during the Term: Pursuant to Resolution No.
2019-30955, this Agreement was approved with an initial term of one(1) year and two (2)one-
year renewal options, subject to funding approval. No later than February 15t of each fiscal year
(for the following fiscal year),Grantee agrees to provide the Administration with a funding request
for the Project, which will include a line item budget for the requested amount of grant funds(the
"Funding Request"). Upon receipt of the Funding Request and the City Manager's decision to
approve a renewal term, the Administration will place the requested grant amount in the budget
for consideration and possible approval by the City Commission during the budgetary process for
the applicable fiscal year. Each approved Funding Request and corresponding renewal term will
be memorialized, in writing, in the form of an amendment to the Agreement, executed by both
parties.
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 fast approved Funding
Request/contract Term.
7. 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 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.
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8. 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.
9. Accounting and Financial Review: Funded activities must take place on or 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 financiial records
of the Grantee,whether or not purported to be related to this Grant.
10. 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 Project 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 11-15.
11. insurance: Grantee's insurance requirements are set forth in Exhibit 3, which is attached
hereto and Incorporated herein.
12. 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,sults 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.
The provisions of this Article 11-12 and this indemnification shall survive the expiration or early
termination of this Agreement.
13. 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 11-15.
14.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,
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which is incorporated herein by reference as if fully set forth herein.
15. Default/Termination Provisions/Repayment or Recapture of Grant Funds: In the event •
the Grantee shall fail to comply with any of the provisions of this Agreement, after providing
Grantee with ten 10 calendar days written notice to cure and Grantee failing to cure the default
to the satisfaction of the City Manager, the City Manager may terminate this Agreement and
withhold or cancel all or any unpaid installments of the Grant, and the City shall have no further
obligation to the Grantee under this Agreement. Notwithstanding the foregoing, if the default is of
a nature that cannot be cured, such as engaging in fraudulent conduct or making a material
misrepresentation of fact, no cure period shall be required and the City Manager may terminate
this Agreement immediately, effective upon Grantee receiving the City's written notification.
Further, in the event of termination, at the City Manager's sole discretion, the Grantee may 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)calendar 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
month.
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,
16.Written Notices:Any written notices required under this Agreement will be effective when
delivered in person or upon the receipt of a certified fetter addressed to the Grantee at the address
specified in Article I-1 of this Agreement, and to the City when addressed as follows: City
Manager's Office, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139.
17. 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 of non-profit
agencies, who must have received such training within the last two years prior to Grantee
receiving City funds.
18. 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.
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.
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:
Keep and maintain public records required by the City to perform the service;
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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;
Ensurethat 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;
Upon completion of the Agreement, transfer, at no cost to the City, all public records in
possession of the Consultant or keep and maintain public records required by the City to
perform the service. If the Consultant transfers all public records to the City upon
completion of the Agreement,the Grantee shall destroy any duplicate public records that
are exempt orconfidentialand exenipf from public-records disclosure requirements. If the
Grantee keeps and maintains public records upon completion of the Agreement, the
Consultant 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.
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 Consultant 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.
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.
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.
CIVIL ACTION.
1. 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.
A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records
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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.
A Grantee who complies with a public records request within 8 business days after the notice is
sent is not liable for thereasonable costs of enforcement.
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 an.MIAMIBEACHFL.GOV
PHONE: 305-673-7411
Article III/ Miscellaneous Provisions
19. 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 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.
20. 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.
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 Agreement, 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. The City Manager shall be authorized to execute amendments to this
Agreement on behalf of the City.
23. No Discrimination: The Grantee also accepts and agrees to comply with the following
Special Conditions:
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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, and as amended from time to time,
prohibiting actual or perceived discrimination in employment, housing, public accommodations,
or public services on the basis of race, color, national origin, religion, sex, intersexuality, gender
identity,sexual orientation,disability,marital status,financial status,age,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 and requires that Grant recipients provide
equal access and equal opportunity and services without discrimination on the basis of any
disability.
24. 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 IS INTENTIONALLY LEFT BLANK.
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Composite Exhibit 1 /Project Description
1. Prolect Description
The 2019-20 school year represents year two of the Project. While all the cultural institutions in
Miami Beach have cultural missions, integrating arts and cultural instruction into the K-12 daily
schedule can be a challenge given the complexity of the school program, the diversity of the
feeder pattern and the different mediums of cultural content providers. The Bass has conducted
numerous meetings with school and arts stakeholders and launched a Beta Test program in the
Spring 2019 feeder pattern in the City of Miami Beach. The program delivered unique
programming as created by the Bass,Hack Shack, Holocaust Memorial,Jewish Museum of South
Florida—FIU, Miami Beach Bots, Miami Beach Botanical Gardens, the Miami City Ballet, Miami
Theater Center, the New World.Symphony, the Perez Art Museum, the Wolfsonian, and Young
Musicians Unite to seven (7) of our public schools. Over 2000 children were impacted at every
grade level. The schools include Biscayne Beach Elementary, Miami Beach Feinberg Fisher K-
8 Center; Miami Beach•Nautilus•Miiddle School;'Ni3rth Beacli Elemantaty-School-Miami-B"each
Senior High School, Miami Beach South Pointe Elementary School and Treasure Island
Elementary School. The pilot fulfilled its purpose to deliver of arts programming into the daily
school curriculum. The programming fits into the Miami-Dade County Public School system
Science, Technology, Engineering, Arts, and Mathematics (STEAM) initiative but takes the arts
programming to a new level. For the 2019-2020 school year, the program will be similar but will
expand to include additional cultural institutions.
The program for the.2019-2020 school year has been carefully developed to provide grade-
appropriate content for each level. And while not every grade level will receive instruction from
all institutions, all grades will experience all institutions over the course of the K-12 education.
The details.of each institution's deployment is shown in Attachment A. Over the course of the
project, each institution will be visiting their school partners at least 3 times on location and once
at their institution. Each partnership includes a field trip to the location. Some cultural institutions
will be,culminating in a show or exhibition as set forth below.
A. BASS MUSEUM OF ART
Partners: Biscayne Beach Elementary School, Miami Beach Fienberg Fisher K-8
Center, Miami Beach Senior High School, Miami Beach Nautilus Middle School, North
Beach Elementary School, Miami Beach South Pointe Elementary School,and Treasure
Island Elementary School
Program Summary:
Using contemporary art as a catalyst for learning STEAM students will create works
which will later be displayed for friends and family at the Bass. Students will work
together to solve world problems relevant to Miami Beach like climate change, sea level
rise,and water pollution while creating art. Students will take a field trip to the Bass
which will include a STEAM Lab and art activity.
B. HACK SHACK
Partners:Treasure Island Elementary School
Program Summary: HackShack's mission to inspire curiosity and spark creativity
through technology and play. As part of the STEAM Plus program, HackShack will
conduct labs where kids will explore programming, design and robotics concepts that are
aligned with applicable standards. HackShack offers various tracks, including: beginner
code and video game design; beginner robotics (build and program robots); and
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beginner design for print, web and prototyping (in 3D).A showcase will be held at the
school,where kids will present at least one of the following (contingent on the track that
the school selects and the number of interactions that are agreed upon): one video
game, one 3D prototype,one graphic design and one robot build and program.The
program will also include one or more field trips to HackShack's studio in Aventura for
every participating student.
C. HOLOCAUST MEMORIAL
Partners: Miami Beach Fienberg Fisher K-8 Center and Miami Beach Senior High
School
Program Summary:
The Holocaust Memorial utilizes its permanent artistic exhibits, film, downloadable app,
Holocaust Survivor encounters and student experiential visits to engage students.The
Holocaust Memorial Miami Beach inspires visitors from the community, Florida, the
United States and the World to fight against racism and genocide and provides an
_examination of what it_means to be a responsible and_respectfu[_person_to help create
tolerant, diverse, pluralistic society while.integrating STEAM into curriculum.
D. JEWISH MUSEUM OF SOUTH FLORIDA a FiU
Partners: Miami Beach Senior High School, Miami Beach Nautilus Middle School, North
Beach Elementary School and Miami Beach South Pointe Elementary School
Program Summary:The Jewish Museum offers core exhibits on the history of the Jews
in the State of Florida and on-going temporaryexhibits on a variety of topics involving art
and culture.The museum creates lesson plans incorporating STEAM both for our core
exhibit and temporary exhibits. Students will be given a guided tour of the Jewish
Museum of Florida-Fill The lesson will include architecture, history, design and art
curation focusing on the museum's 80 stained glass window history, design and
creation. Students will view a video presentation about stained glass using photographic
examples of the colorful art form that can be seen in various historical locations including
Notre Dame Cathedral in Paris and the Chagall Windows.in Jerusalem. Student will then
learn how glass is made and how it is infused with color. Partnered schools will create
their own "stained glass windows" using several different grade level appropriate
techniques.
E. MIAMI BEACH BOTS
Partners: Biscayne Beach Elementary School
Program Summary:The Miami Beach Bots is a team of high school students and adult
mentors who will work with a 3rd grade class to create a FIRST Lego League Jr. project
"BoomTown". Classroom teachers and students will be able to discuss, plan, design,
and build their own city model using LEGO°Education WeDo 2.0 and create Show Me
posters to present what has been learned.The program focuses on building interest in
science,technology, engineering,arts and math through a real-world challenge—to be
solved by research, critical thinking, and imagination. Students will be able to exhibit
their°BoomTown"creations at a school showcase.
F. MIAMI BEACH BOTANICAL GARDENS
Partners: Biscayne Beach Elementary School
Program Summary: The Miami Beach Botanical Garden's partnership with Biscayne
Elementary School will include between 4-6 school visits, followed by a field trip to the
garden. The curriculum will begin with learning to prepare the school's nine existing
garden beds, what elements are required, learn how seeds become plants, explore
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native and edible plants, beneficial bugs and pollinators, and the evolution of
composting. Hands on sessions include painting the Garden borders and plant signs as
well as planting and caring for the gardens.
The field trip activities will include a garden tour followed by a brief quiz to test the
student's knowledge. Students will attend a workshop on permaculture, have the
opportunity to turn the compost, "take its temperature"and calculate how much food
waste it takes to create a gallon of fine organic soil and calculate the ratio of compost to
water for organic plant fertilization. Discussions will include the lifecycle of butterflies
who call the garden home including the different nectar/host plants. Explore the Pine
Rockland and native garden provides students an in-depth look at their importance to
our South Florida eco-system. Students can work on our Earth Loom,which brings a
creative approach to weaving the community together with upcycle materials and plant
clippings.
G. MIAMI CITY BALLET
_ Partners: Biscayne Beach Elementary.School, Miami.Beach Fienberg Fisher K-8_. _ _ _
Center, Miami Beach South Pointe Elementary School, and Treasure Island Elementary
School
Program Summary:
Miami City Ballet Community Engagement dance teaching artists are able to integrate
dance as an enhancement to academic subjects;to be a culture builder and support
social emotional competencies and be part of arts learning through interdisciplinary
experiences. STEAM subjects are applied during residency programs,with the help of
classroom teacher-partners who enthusiastically provide what that content Is in
accordance with their units of study. All residency programs culminate in a costumed,
professionally produced performance. As part of the experience, with partner Nicklaus
Children's Hospital, children will be educated on nutrition and injury prevention through
fun, hour length family inclusive seminars during the program. Miami City.Ballet also
invites partnered schools to make a trip to Miami City Ballet building to engage with the
production, costume, organizational leadership, dancers and architecture and cultural
history.
H. MIAMI THEATER CENTER
Partners: Miami Beach Senior High School
Program Summary: Miami Theater Center(MTC)2019-2020 season will feature
multidisciplinary performances that are accessible to all. MTC will launch their new
season on October 2019 with the Mermaid Theater of Nova Scotia's reimagining of Eric
Carle's beloved stories like The Very Hungry Caterpillar, in March Dance NOW!Mami
will host performances followed by Emil and the Detectives in April. Partnered schools
will have the opportunity to visit Miami Theater Center to watch one of the performance
groups and better understand how STEAM is incorporated into the theater through in-
school visits with highly trained teaching artists workshops exploring the art form and
themes of the live performance.
I. NEW WORLD SYMPHONY
Partners: Miami Beach Senior High School
Program Summary: Each season, the New World Symphony curates an hour-long
Education Concert for students in grades 4-12.These thematic daytime concerts
introduce major orchestral works and composers to students from Miami-Dade and
Broward counties.A program and study guide will be sent in advance to all participating
classes and round-trip bus transportation is provided free of charge. Miami Beach Senior
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High School will be invited to one of these performances. Leading up to the concert,
NWS Fellows will visit Miami Beach Senior High School to provide age-appropriate
lessons using the Education Concert Study Guide to prepare students for the Education
Concert. The Education Concert Study Guide will contain STEAM resources and
activities for music teachers.
J. PEREZ ART MUSEUM
Partners: Miami Beach Fienberg Fisher K-8 Center
Program Summary: Perez Art Museum Miami's STEAM Plus outreach program would
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bring the museum's art into the classroom through the PAMM App. Students will learn
about how museums and artists use technology to share information and ideas.
Students will then have an opportunity to combine technology and art-making techniques
inspired by work on view and resources on the PAMM App.
K. WOLFSONIAN—FIU
Partners: Miami Beach Nautilus Middle School
Program Summary: STEAM Zines is a hybrid.progrem,_combining our STEAM X _ .. _
Design and Zines for Progress programs. Using zines as the platform for exploration and
expression, students select a topic within the field of environmental responsibility that
they research and then address in their zine.
L. YOUNG MUSICIANS UNITE
Partners: Miami Beach Fienberg Fisher K-8 Center, Miami Beach Senior High School,
Miami Beach Nautilus Middle School and North Beach Elementary School
Program Summary: Young Musicians Unite equips schools with trained instructors,
lesson plans, instruments,and all the necessary resources for a vibrant music
education. As an organization that teaches music through an experiential and problem-
solving based method, YMU's course materials align naturally with the STEAM subject
matter. While the primary focus of YMU courses is on A for the Arts, all 5 STEAM
standards can be reached throughout the duration of a YMU course, aiding schools in
achieving their STEAM designation.
THE FOLLOWING BASS STAFF WILL OVERSEE THE PROJECT:
Kylee Crook has been an integral part of STEAM Initiative serving at the Education
Consultant for the City of Miami Beach and Director of Education at The Bass Museum of
Art. During Crook's tenure at the Bass Museum of Art, she has established, managed, and
expanded the Museum's educational programming and administered several major grants,
including the three-year Knight Arts Challenge which allowed for the creation of
IDEA@thebass and the three-year Kellogg Foundation Grant which expanded the Bass
Museum of Art's education outreach programming by 178%.Crook was named one of Miami
Foundation's Miami Leaders for 2013-2014, and has sat as a grant panelist for major Florida
funding organizations.
Koren lila is a Miami-based visual and performing arts education advocate, choreographer,
director,and instructor. Koren earned her Bachelor of Fine Arts degree under the school of
Education, Business and Performing Arts at Florida International University. Working in the
visual and performing arts fields, Ms. lila has worked alongside KC and the Sunshine Band,
the Miami Heat, Arturo Sandoval, the Miss America Pageant Association, and assisted in
directing a pilot episode for a TV series airing on Hulu in 2021. Koren has worked with both
Miami-Dade and Broward County schools helping promote arts education through after
school/in school programming and partnerships. With Koren's well-rounded knowledge of
the visual and performing arts, as well as M-DCPS, Koren is an integral part of the STEAM
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Science, Technology, Engineering, Arts and Math) initiative working with each cultural
institution, M-DCPS, and the City of Miami Beach to ensure this program exceeds all
expectations.
Bookkeeper: Develop system to account for financial transactions by defining bookkeeping
policies and procedures for financial transactions for 12 partner organizations and prepare
necessary reports.
2. Grant Monies
Grant monies in an amount not to exceed $372,000 will be used to help support the program in
the 2019-2020 school year. The following expenses detailed in Exhibit 2 will be incurred in the
delivery of the services described above:
• In-house/Salaried Personnel: Administration up to 10% of budget excluding the Bass
budget •
• ' -▪ Irl=house/Salaried Personnel:Artistic
• Contracted/Outside Artistic fees/services
• Contracted/Outside other fees/services(specific descriptions listed within budget—Exhibit
2)
• Travel (Field trips for students)
• Mileage reimbursement •
• Program Supplies
Grant monies must be spent within budget categories as set forth in Exhibit 2. All publications
associated with City of Miami Beach STEAM Initiative Grant support must be approved, in writing,
by the City Manager or his/her designee and include the City of Miami Beach logo and the
following byline: "City of Miami Beach STEAM Plus Program."
3. Grantee Responsibilities
The Bass has worked with the principals of each school to develop the cultural pairings for the
program, with teachers involved in the lesson planning and schedules. The Bass will be
instrumental by managing the program system-wide, including agreements with the schools and
the participating cultural organizations.
A. The program will be monitored through monthly reports to include school hours performed
by institutions and a monthly reported of curriculum delivered. The below are the monthly
deliverables:
• A report of school hours deployed by institution and school versus approved scope
of work
• A monthly report by the institution of the curriculum deployed at each grade level
• A Quarterly report of costs incurred in accordance with the budget with supporting
documentation
• Number of students served each month
• Instructional hours for each grade level by school
• Report as to MDCPS STEAM designation achieved in 2019-2020(if applicable).
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B. The Grantee will maintain the following as evidence of expenses incurred:
• Payroll records (including salary, fringe, benefits, hourly rates, timesheets reflecting
services directly related to the program,etc.)
• Supplies and services receipts (invoices and cancelled checks)
• Proof of performances, such as programs,flyers, and brochures
• Proof of logo and credit line in project publications and advertisements.
The Grantee will categorize and provide the above-listed evidence of expenses incurred
according to the Grant budget(i.e.supplies and materials separate from travel expenses).
Travel expenses must be approved in advance,in writing,by the City Manager's designee
and must comply with the City's Citywide Procedure Sequence Number 00.20.01 (Travel
on City Business). The City will not reimburse expenses relating to parking or the use of
a rental or transportation service such as Uber or Lyft. Mileage reimbursement will be
reimbursed at the 2019-2020 approved rate not to exceed approved_budget amount.
C. Grant Use Restrictions-Grant monies may notbe used toward the following:
• Projects that are primarily recreational, political, therapeutic, vocational,
rehabilitative, or intended solely for practitioners of a specific religion
• Renumeration of City of Miami Beach employees for any service rendered as part
of a project receiving funds from the STEAM Initiative
• "Bricks or mortar"or permanent equipment, unless the purchase price is less than
the cost of rental.
• City of Miami Beach services(permit fees,off-duty police, insurance)
• Debt reduction
• Contests
• Indirect or general operating costs related to the operation of the Grantee's
organization
• Travel or transportation outside the local Miami Dade County area
• Social/fundraising events, beauty pageants, or sporting events
• Hospitality costs including decorations or affiliate personnel with the exception of
artists
• Cash prizes
• Insurance fees not directly related to the program
• . Indirect or general operating costs related to theoperation of the organization
• Administrative salaries and fees not to exceed ten (10%) percent of total budget
excluding the Bass budget (percent of Bass salaries directly related to STEAM
program services)
• Lobbying or propaganda materials
• Charitable contributions.
D. The Grantee will submit a final report no later than the Final Report deadline, set forth in
Article 1-7, which documents the efforts undertaken to support the program which shall
include:
• A summary of overall project and its impact on the identified student populations
• A final project budget
• Results of satisfaction surveys conducted with different stakeholder groups
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E. In accordance with the requirements of Section 1012,465, 1012.32 and 1012.467,
Florida Statutes, and School Board Policies 8475, 1121.01, 3121.01 and 4121.01 as
amended from time to time,the Bass will ensure that any instructional contractor will be
required to submit to a criminal history check and background screening requirements,
including level 2 screening requirements, as outlined in the above-referenced statutes
and School Board Policies.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Exhibit 2/Project Budget
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Treasure Island
twito srrwara ` ..+. g s R gBas
,ItaoAgu�1HackyW..0.4 >ilhimi+
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In-house/Salaried Personnel:AdministrationS 390.00 $ 943.00 S 1,333.00
In-house/Salaried Personnel:Artistic $ 3,360.00 5 5.400.00 S 8;760.00
Contracted/Outside Artistic fees/services S • 1,400.00 S.. 1,600.00 S 3,000.00
Contracted/Outside Other fees/services(specify)
Travel S 380.00 S 200.00 S 200.00 S 780.00
Supplies/materials • S 300.00 S 3225.00 S 602.00 S 4127.00
Technical production expenses S •
Subtotal-Including Admin S. 2,470.00 S 9,328.00 S 6,202.00• S 18,000.00
Subtotal-Amount rnfnus admin S 2,080.00 S • 8,385.00 S' 6,202.00' S - 16.667:00
Activations • , - _28 32 - • 49 100 •
Cost per activation $ .88.21 S . 291.50 S • 155.05 S 180.00
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Exhibit 3/Insurance Requirements
1.The Bass shall maintain, at the Bass' sole cost and expense, the following types of insurance
coverage at all times throughout the Term of this Grant Agreement:
A. Worker's Compensation insurance as required by Florida law,with Statutory ,
limits and Employer's Liability Insurance with limits of no less than $500,000
per accident for bodily injury or disease.
B. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, contractual liability, property damage,
bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence.
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.
2. The policies of insurance referred to in the above paragraph 1 above shall not be subject to
cancellation or changing coverage, except upon at least thirty(30)days written notice to the City,
and then subject to the prior written approval of City Manager.
3. Additional Insured Status. 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 Bass.
4. Waiver of Subrogation. The Bass hereby grants to City of Miami Beach a waiver of any right
to subrogation which any insurer of Bass may acquire against the City of Miami Beach by virtue
of the payment of any loss under such insurance. Bass agree 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.
5. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk
Management Office.
6. Verification of Coverage. Bass 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 to the work beginning shall not waive the Contractor'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.
7. Special Risks or Circumstances. The City of Miami Beach, in its sole discretion, through the
City Manager, reserves the right to modify these requirements, including limits, based on the
nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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Certificate Holder
CITY OF MIAMI BEACH
c/o INSURANCE TRACKING SERVICES
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and
obligation under this section or under any other section of this agreement.
8. Should Bass fail to obtain, maintain or renew the policies of insurance referred to above, in the
required amounts, the City may, at its sole discretion, obtain such insurance, and any sums
expended by the City in obtaining said insurance, shall be repaid by Bass to the City, plus ten
percent(10%)of the amount of premiums paid to compensate City for its administrative costs. If
Bass does not repay the City's expenditures within fifteen (15) days of demand, the total sum
owed shall accrue interest at the rate of twelve percent(12%)until paid and such failure shall also
be deemed an event of default hereunder.
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