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Grant Agreement with Young Musicians Unite, Inc. (2)
DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9010-C79581A24C30 R___ 2022 1J0GA GRANT AGREEMENT 2C) BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND YOUNG MUSICIANS UNITE, INC. 7/12/2022 I 10:37 AM EDT This Grant Agreement ("Agreement") is entered into this day of , 2022, with an initial effective date of August 17, 2022, between the City of Miami Beach, Florida, a municipal corporation duly organized and existing under the laws of the State of Florida(the"City") and the Young Musicians Unite, Inc.,a Florida not-for-profit corporation(the"YMU"or"Grantee"). Article I/Grant Description 1. Grantee: Young Musicians Unite, Inc. Grantee Contact: Sammy Gonzalez, President Address: 1260 NW 29th Street#103 City, State, Zip: Miami, FL 33142 Phone, fax, e-mail: 786- 337-2299, sammy(a�voungmusiciansunite.orq 2. Grant amount: Not to Exceed $30,000.00 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure Deadline: Initial term, June 7, 2023; 6. Project Completion Date: Initial term, June 7, 2023; 7. Final Report deadline: Must be delivered to City no later than 30 calendar days after project completion deadline. DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 7/12/2022 1 10:37 AM El IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of_ , 2022. CITY OF MIAMI BEACH By: mot, 4,1k..-"7 � - Ali . Hudak, it M Hager ATTEST: ,-DocuSigned by: 1jh Rafael E. Graraeiria,BQ#EytClerk 7/12/2022 1 10:37 AM EDT Date i ,J'-i-, - 'O F( • L•NGU,;GE & I.vi; EXL';UTION Atl&- tt- CL PIZ 1. •�11ACIAtAQorney Date 0- GRANTEE: /� 'C� YOUNG MUSICIANS UNITE, INC. Federal ID#: 46-2610764 ,-OecuSgnM by: By: Sax,ly5L`i SarrnwymO€ elez, President 7/7/2022 110:54 AM PDT Date 2 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D188A-B29D-45AE-9D1D-C79581A24C30 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 the City Manager's designee(the"Contract Administrator"), as identified in Article 11-16. 2. Term: A. This Agreement shall have a term of approximately one (1) year, from August 17, 2022 through June 7, 2023. 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 one (1) additional one-year term. The initial term and each approved annual renewal term, commencing on August 17'h and ending on June 7ch of the following year, may be individually referred to as a "Term" or collectively 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 Grantee of such termination; which shall become effective within thirty (30) days following receipt by the Grantee 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 Grantee, 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 Grantee 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 provided funding to Grantee to develop and manage the Miami Beach Senior High School Rock Ensemble (the "Program") at Miami Beach Senior High School, as described in the Project Description set forth in Composite Exhibit 1, incorporated herein by reference and attached hereto (the"Project"). 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 Grant Project Budget shall not exceed ten percent (10%) per category, and shall, in no event, exceed the total amount of $30,000.00. Amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the City Manager or Contract Administrator. 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 Miami Beach Senior High School. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a 3 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City no later than the Final 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 Contract Administrator 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, Payment Schedule and Donations: 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 Grantee once all parties have executed this Agreement. 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 Grantee in the quarter prior and provided that all funds disbursed have been fully utilized as required by this Agreement. Grant funds shall be dispersed pursuant . to the agreed upon schedule in accordance with the requirements of this Agreement. All equipment and supplies purchased with Grant funds shall remain property of the City at all times. All equipment and non-consumed supplies shall be returned to the Contract Administrator at the end of each Term unless arrangements are made in advance. Failure to return non-consumed supplies will result in a reduction to the final payment to Grantee equal to the cost of the missing equipment or non-consumed supplies. Pursuant to Resolution No. 2021-31537, amended at the May 4, 2022 City Commission Meeting by Resolution No. 2022-32139, Grantee may accept third-party donations in support of the Program and during the Miami Beach Rock Ensemble performances, provided that all such donations shall be disclosed to the City and dedicated for the exclusive use and benefit of the Program per the terms of this Agreement. All donations to the Program must be disclosed quarterly in the form attached as Exhibit 5 hereto. All individual or corporate doners who contribute to the Program during each Term must be identified by name. Cash donations that are received during any performances of the Miami Beach Rock Ensemble or Rock Ensemble shall be identified as"Cash Donations from the"(Name of performance site)" Performance". 6. No guarantee of future funding/Funding during the Term: Pursuant to Resolution No. 2022-32064, this Agreement was approved with an initial term of one(1)year and annual funding subject to funding approval. No later than February 151 of each Term (for the following Term), Grantee agrees to provide the Administration with a funding request for the Program, which will include a line item budget for the requested Grant Amount(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 last approved Funding Request/contract Term. 4 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 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. 8. Bank Accounts and Bonding: Grant funds and donations received pursuant to this Agreement shall be kept in a segregated account, in established Miami-Dade County banks or savings and loan associations, whose identities shall be disclosed in writing to the City Manager or Contract Administrator 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 Term for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in 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. 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 of this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and 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. 5 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50018BA-B29D-45AE-9D1D-C79581A24C30 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 II-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, 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 five (5) 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 or donations 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 letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed to the City's Contract Administrator, as follows: City of Miami Beach, Florida, 1700 Convention Center Drive, 4th Floor Miami Beach, Florida 33139 Attention: City's Chief learning Officer 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 if all three of the following apply: 1) the Grantee is a non-profit; 2)the Grantee has an annual operating budget of less than $5 million; and 3) the grant award is for $25,000 or more of City funds. The Board training must be completed within the last two years prior to Grantee receiving City funds. 6 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 18. Florida Public Records Law: A. Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. B. The term"public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the • definition of"Contractor' as defined in Section 119.0701(1)(a), the Grantee shall: 1. Keep and maintain public records required by the City to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; 4. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the 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 or confidential and exempt 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. D. REQUEST FOR RECORDS; NONCOMPLIANCE. 1. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the 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. 2. 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 7 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3)avail itself of any available remedies at law or in equity. 3. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION. 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. 2 A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format F. A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 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: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 19. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, 3 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-829D-45AE-9D1D-C79581A24C30 inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf.of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back- change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates,or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation)and performance of this 9 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D188A-B29D-45AE-9D1D-C79581A24C30 contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 20 E-VERIFY: A Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"("E- Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Grantee shall expressly require that any approved sub- contractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontractor,the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. 1. If the City has a good faith belief that Grantee has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for cause, and the City shall thereafter have or owe no further obligation or liability to Grantee. 10 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 2. If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A), but the Grantee otherwise complied with such subsection, the City will promptly notify the Grantee and order the Grantee to immediately terminate the agreement with the subcontractor. Grantee's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. 3. A contract terminated under the foregoing Subparagraphs(B)(1)or(B)(2)is not in breach of contract and may not be considered as such. 4. The City or Grantee or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subparagraphs (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. 5. If the City terminates the Agreement with Grantee under the foregoing Subparagraph (B)(1), Grantee may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6. Grantee is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 20. Article Ill /Miscellaneous Provisions 21. 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. 22. 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. 23. 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. 24. 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. 25. No Discrimination: The Grantee also accepts and agrees to comply with the following Special Conditions: The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) prohibiting discrimination on the basis of race, color, national origin, handicap, or sex. I ' DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 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. 26. Governing Law and Exclusive Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive.venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 12 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B290-45AE-9D1D-C79581A24C30 Composite Exhibit 1 / Project Description 1. Protect Description Young Musicians Unite (YMU) nurtures the education, creative development, and future career potential of youth in Miami-Dade County through music, empowering them to thrive despite their socioeconomic status. Dedicated to providing continuity for the development of young people's creativity and skills development, the core of YMU's work is done in partnership with schools to provide the only "during-school" music education program for middle and high schools among Miami's 60+ non-profit music organizations, uniquely using musical instruction to create well- rounded and career-ready students. Building on our during-school programs, we also offer after- school career-preparedness programs that immerse students in professional settings to provide singular vocational experiences for creative youth that boost their future employability and eligibility for college scholarships. Youth in communities with limited access to resources face increasing barriers to becoming real- world ready and financially sound due to growing socioeconomic divides and disparities that come with disappearing access to the supplementary education that can empower them to be well rounded and career-ready. Not only does music education enable students to develop 21st- century skills and leadership abilities, but schools with strong music programs also develop a strong sense of school culture that seeds student interest, and drives increased attendance and graduation rates, improved relationships with peers, and increases in-school and extra-curricular participation(Harris Interactive Inc, 2006). YMU's programs take this one step further, by creating immersive environments that nourish students' cognitive capacity to enhance language development, reading proficiency, and spatial reasoning skills, resulting in improved grades and testing scores. Students learn hard and soft skills that augment academic learning in a 21st- century, personally relevant music technology setting that makes them excited to progress and prepares them for long term success and to become leaders in their communities. The Rock Ensemble, founded by the late Doug Burris in 1972, is the first school-based ensemble of its kind in our nation's history. The student-led musical group is a culmination of musicians, stage crew, and a sound engineering team. The Rock Ensemble comes together to play classic and modern rock and lends vocational experience to its students through engaging them in professional environments at a young age. Students participate in public performances and competitions throughout the year. Many professional musicians and sound engineers have passed through the ranks of the Rock Ensemble over its 50-year run. Under the leadership of Young Musicians Unite the Miami Beach Senior High School Rock Ensemble Program (the"Program" or the"Miami Beach Rock Ensemble" or "Rock Ensemble")will continue to reach new heights of excellence. Programming Includes: • During the Summer YMU staff picks the first five songs for ensemble auditions, locks in audition dates, creates an audition flyer, and promotes auditions via socials and our website. • Auditions for the musicians are held over three to four days in September. • Slots include (4-5)Vocalists (3)Guitarists 13 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 (1) Bass Player (1) Drummer o (1) Keyboardist o Horn Players as needed (1) Ensemble Manager J (1) Lead Sound Engineer o (3-5) Sound Engineers o (2) Light Operators • The ensemble starts their rehearsals a week later and works towards a 12-song set by December. • Rehearsals take place two times a week for 3 hours. Students learn how to play as a group in a professional environment o Students learn how to set up and breakdown all of their equipment(backline) and a full sound system every rehearsal Students learn how to mix five sound on a professional board 3 Students learn how to mix live sound on an ipad o Students learn how to use compression, reverb effects, monitor mixing, and graphic eq o Students learn how to manage lights • The ensemble participates in 10-18 performances a year. • The Doug Burris Tribute Show takes place every year at the North Beach Bandshell • The Miami Beach Rock Ensemble headlines the Miami Beach Youth Music Festival. • The Miami Beach Rock Ensemble will work towards competition if the right circumstances present themselves. 2. Grant Monies Grant monies in an amount not to exceed $30,000 will be used to help support the Program in the 2022-2023 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 • In-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/materials • Printing of classroom and museum materials • Technical Production Expenses • Lesson Plan development • Artistic Program training The Grant Amount must be spent within budget categories as set forth in Exhibit 2. All marketing materials or publications associated with City of Miami Beach Program must be approved, in writing, by the City Manager or Contract Administrator prior to dissemination. All performances or other approved marketing materials or publications must include the City of Miami Beach logo 14 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 and the following byline: "City of Miami Beach Miami Beach Senior High School Rock Ensemble" or the "Miami Beach Rock Ensemble". 3. Grantee Responsibilities Grantee has worked with the principal of Miami Beach Senior High School to develop the Program. Grantee will oversee and manage the Program, including agreements with the school and other organizations. A. The program will be monitored through quarterly reports to include hours worked by staff and a quarterly report of curriculum delivered. The below are the quarterly deliverables: • A report of school hours deployed • costs incurred in accordance with the budget with supporting documentation • Number of students served each month • Instructional hours provided • Performances provides both during school hours and outside of regular school hours, as well as location provided • Listing of donations received throughout the quarter by doner and amount pursuant to Resolution No. 2022-32139 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 Contract Administrator and must comply with the City's Citywide Procedure Sequence Number OD.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 2022-2023 approved rate not to exceed approved budget amount. C. Grant Use Restrictions -Grant monies may not be used toward the following: • Projects that are primarily recreational, political, therapeutic, vocational, rehabilitative, or intended solely for practitioners of a specific religion • Remuneration of City of Miami Beach employees for any service rendered as part of a project receiving funds from the Miami Beach Senior High Rock Ensemble through Young Musicians Unite, Inc. • "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 15 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-81A1152AAD3D DocuSign Envelope ID:E50D18BA-829D-45AE-9D1D-C79581A24C30 • 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 the operation of the organization • Administrative salaries and fees not to exceed ten (10%)percent of total budget • 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 • A list of all donations received in support of the program by donor, amount, and program utilization description • Results of satisfaction surveys conducted with different stakeholder groups 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 Grantee 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. F. Consent, Releases, and Chaperones. Grantee secure the requisite consents and waivers from parents of the participants of the Program, using Miami-Dade County Public School (M-DCPS)approved forms and in accordance with M-DCPS guidelines,including ensuring that the requisite chaperones are provided. With respect to rehearsals/performances occurring during the Term but outside of the school year ("Summer Performance Activities"), Grantee shall require that the parents/ guardians of the student participants execute the Release and Hold Harmless agreement, attached as Exhibit 6 hereto, prior to every Summer Performance Activities and that chaperones, in the number typically required by M-DCPS, are also in attendance. G. Grantee will use an Independent Contractor Agreement similar in form to the template incorporated herein by reference and attached hereto as Exhibit 4. 16 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B290-45AE-9D1D-C79581A24C30 Attachment A To Exhibit 1 THE FOLLOWING YOUNG MUSICAN UNITE STAFF WILL OVERSEE THE PROJECT: 1. Director(2017-Current)- Sammy Gonzalez CEO of Young Musicians Unite, inc. and The Bull Productions, Co-Founder of the Wynwood School of Music, and Director of The Rock Ensemble One of Miami's most established musicians and educators in the Miami music scene, Sammy Gonzalez played his first guitar concert at ten years old and grew to become an accomplished classical guitarist and bassist for Jacobs Ladder, a nationally recognized rock band. As a musician, Sammy has played nearly 1000+ concerts, gone on 15 U.S. tours, and landed spots at SXSW music festival, Van's Warped Tour, and national Film Festivals. He owns and operates The Bull Productions Recording Studio in Miami, where he produces, records, and mixes artists from all genres and backgrounds. As first chair in the Miami Beach Classical Guitar Quintet, Sammy toured the U.S. and Japan, winning awards at both regional and national levels. Sammy is the President/CEO and founder of the non-profit Young Musicians Unite. Under the leadership of Sammy, Young Musicians Unite believes that every student in Miami-Dade deserves access to music education regardless of their socio-economic background. The organization currently services over 3,000 students across 29 schools and has educated over 8,100 students since 2013. Sammy is a founder at the Wynwood School of Music, an after-school and weekend music program in the heart of Miami's art district. Giving students the opportunity to participate in private and ensemble lessons throughout the week. Sammy also serves as the Director of the Miami Beach Senior High School Rock Ensemble. The Rock Ensemble, founded by the late Doug Burris in 1972, is the first school-based ensemble of its kind in our nation's history. The student led musical group is a culmination of musicians, stage crew, and a sound engineering team. The Rock Ensemble comes together to play classic and modern rock and lends vocational experience to its students through engaging them in professional environments at a young age. Many professional musicians and sound engineers have passed through the ranks of the Rock Ensemble over its 50-year run. As an educator, Sammy has been teaching since 2004. His students have gone on to excel in schools such as New World School of the Arts, Harvard, NYU, Georgetown, Cornell, Vanderbilt, and Penn State. At Miami Beach Senior High School (MBSH), Sammy participated in All State for guitar, jazz band, and orchestra all four years, received straight superiors at solos& ensembles, and was the schools Silver Knight Music nominee. Sammy's Responsibilities: • Chooses the first five songs for the ensemble, audition dates, and oversees the audition process. • Oversees the assistant director and artistic director 17 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B290-45AE-9D1D-C79581A24C30 • • Deals with group oversight and band dynamics • Oversees all show bookings for the ensemble • Oversees all marketing for the ensemble • Deals with all fundraising and finances with the support of YMU's CFO Melanie Greenwald 2. Assistant Director- Michael McNamee Machael McNamee serves as Assistant Director and was an alumnus of the program Miami Beach Senior High School Rock Ensemble under the late Doug Burris. Mac is a professional sound engineer and has worked in many recording studios, movie sets, and produces his own artists. He is also a guitarist and vocalist for The Macsters. Michael's Responsibilities: • Michael is a Miami Beach Senior High School Employee. As an employee of MBSH he acts as the Club Sponsor for the Miami Beach Rock Ensemble. • All field trip forms and approvals go through Michael and he submits them for approval to the school's activities director and Principal. • Michael is responsible for training the student sound engineers. • Michael serves as the main chaperone for our field trips • Michael serves as the main sound engineer for most of our performances and oversees the students setting up and breaking down all equipment. 3. AJ Hill-Artistic Director AJ Hill was part of the first class of the Miami Beach Rock Ensemble in 1972. AJ Hill is a world- renowned saxophone player and vocalist for the Spam All Star's. AJ is considered one the most sought after live musicians in Miami. AJ's Responsibilities: • Oversees the structure of every practice • Manages students' during practice • AJ is our lead vocal coach and works with the vocalists in vocal group settings and as a full band. • AJ creates harmonies/parts for vocalists. AJ also records these parts on his own and sends the files to the vocalists separately so they can learn their unique parts. 4. Young Musicians Unite Team: Program Director-Oversees all programs across YMU's 29 schools Regional Director- Oversee the Miami Beach and central Miami school day to day activities. Production Assistant- Prepares for shows and the coordination of all performance equipment Operations Support - Oversees all intricate details and day to day logistics for YMU's 29 schools and 114 classrooms. Performance Stagehands - Support staff for performances. Set up and breakdown. Performance Chaperons - Oversee students. Are L2 cleared and are responsible for them the whole time. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 18 DocuSign Envelope ID: BAC6B954-3B70-442D-9F18-B1A1 1 52AAD3D DocuSlgn Envelope ID:E50D18BA-829D-45AE-9D1D-C79581A24C30 Exhibit 2 I Project Budget 2022-2023 The Miami Beach Rock Ensemble Annual Budget Young Musicians Unite i PROJECT City of Miami DESCRIPTION Project Staff Creative Director•Al Hill S 6,180 00 5 5,000 00 $105 x 56 Classes(3hr per class)*$300 for auditions Project Staff Assisstant Director-Michael Mac $ 6,180.00 $ 5,000.00 $105 a 56 Classes(3hr per class)+S300 for auditions 56 Classes(168 Hours),Management(80 Hours for the year).and 10 Performances(10 x 5 hours Project Staff-Director Sammy Gonzalez S 21,4H8.00 5 - =S0 hours)Total 298 Hours x$72.11=521488.(Note This is still steeply discounted.Sammy works with 3 paying ensembles in our community and charges and recieves$200 an hour,the in- kind benefit through market value is 559,600 for the total time dedicated. Project Staff-Production Manager 5 6,000.00 $ 5,090.00 $500 stipend per month tech show set ups-performances Protect Staff-Performance Chapperone Chapperones the students throughout the set up and breakdown of performances.Performance Performances 5 2,250.00 $ 1,500 00 days are 8-12 hours long.5150 stipend per show.average about 15 Shows a year. Pick up all of the equipment at the last rehearsal before a performance.Transports and sets up all of the equipment and the sound system to the performance.Breaks down the equipment at the Project Staff-Stage Hand for Performances $ 2,250.00 S 2,250 00 end of a show.Transports the equipment back to the school at the next rehearsal Stipends per show and average about 15 shows a year.$150 for 4-6 hour show and$250 for a 6-12 hour show Project Staff Music Video and Recording $ 5,000.00 Professional recording and mixing of 1-4 rock ensemble songs and then a professional video for one song YMU Program Director-Pedro Dias $ 2.520.00 $ 2,520.00 Staff member in charge of day to day operations,communications,and staff support-1.5 hour per school x 535 per hour s 48 weeks x program YMU Regional Director-Paul Rabut $ 2,640.00 $ 2,640.00 Regional Director i5 n charge of orogroms.lesson plans.concerts,and mentors of school's): 2.5 Hours per week per school x$22 an hour x 48 weeks x schools YMU Operations Support-Amy Siama $ 2,400.00 $ 2,000 00 2 hour per week per school x$25 x 48 weeks a program YMU(Admin Support)•Melanie Greenwald $ 5,000.00 S 3,000.00 admin fees- Van Fee $ 2.500.00 5 - Every performance utdnes the van.This includes the van,gas.tolls,and parking Food/Beverage $ 2,500.00 $ - Food and Beverages al performances and a thank you dinner T Shirts $ 2,000.00 $ 1,000 00 T-Shirt for every Student,Posters,Banners(uniform) Ad Spends and Flyer Designs $ 2,500.00 The design of flyers and ad spends to help promote performances Concert Winter and Spring Venue Rentals and e•c S 5,000.00 Winter and Spring Concerts Equipment S 3,500 00 $ - Equipment Competition $ 20,000.00 $ - Compete in Orlando,New York,New Orleans Festivals in the Spring.Competitions also include college visits in the local cities we are visiting TOTAL EXPENSES $ 99,908.00 $30,000.00 TOTAL REVENUE Project City of Miami Beach 5 30,000 00 Young Musicians Unite $ 69,908.00 TOTAL PROJECT REVENUE $ 99,908.00 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID E50D18BA-B29D-45AE-9D1D-C79581A24C30 Exhibit 3 I Insurance Requirements 1. The Young Musicians Unite shall maintain, at the Young Musicians Unite' 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 Young Musicians Unite. 4. Waiver of Subrogation. The Young Musicians Unite hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of Young Musicians Unite may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Young Musicians Unite 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. Young Musicians Unite 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. 20 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 Certificate Holder CITY OF MIAMI BEACH cto 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 Young Musicians Unite 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 Young Musicians Unite to the City, plus ten percent (10%) of the amount of premiums paid to compensate City for its administrative costs. If Young Musicians Unite 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. 2I DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B290-45AE-9D1D-C79581A24C30 Exhibit 4/Independent Contractor Agreement Template Insert Agreement Template(if applicable) DocuSign Envelope ID: BAC68954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 Exhibit 5/Quarterly Donor Disclosure Form Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Name: Amount: Cash Donations: Event Name: Amount: Event Name: Amount: Event Name: Amount: Event Name: Amount: DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-901D-C79581A24C30 Exhibit 6/Release and Hold Harmless Agreement RELEASE AND HOLD HARMLESS AGREEMENT This Release and Hold Harmless Agreement is executed by the individual signing below,hereinafter referred to as the "Releasor",who hereby gives permission for Releasor's son/daughter, named (print name of minor) (hereinafter referred to as the "Participant") to participate in the below Miami Beach Rock Ensemble performance(the"Event"). Date of Event: Location of Event: Time of Arrival: Expected Time when Event Ends: Releasor,on behalf of himself or herself,his or her personal representative,heirs,next-of-kin,successors and assigns, all hereinafter collectively referred to as"Releasor",holds harmless Young Musicians Unite, Inc.("YMU")and the City of Miami Beach, Florida(the"City")and their respective successors,assigns,members,officers,employees, agents and contractors, all herein collectively referred to as "Releasees", from any and all claims, actions, demands or damages, including but not limited to,accidents, injury, death or damages to Participant's person or property, ansing or resulting from Participant's participation in this Event. Releasor further releases Releasees from any claim whatsoever on account of first aid,treatment,or services rendered to Participant in connection with his/her participation in the Event. Releasor further acknowledges that permission has been provided for Participant to participate in any/all media events. Releasor understands that all photographs and videos of Releasors are the sole property of YMU and the City and that said media may be used freely,as deemed appropriate by the staff of YMU and the City. Releasor hereby authorizes staff of YMU and the City and their respective partner agencies to take/use still photographs, digital photographs, motion pictures, television transmission, and/or videotaped recordings (hereinafter "Recordings") of Releasor and Participant for educational,research,documentary,and public relations purposes. This Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. Initials of Releasor Dated this day of ,2022 Releasor—Printed Name Releasor—Signature Address Telephone Witness—Printed Name Witness—Signature 24 DocuSign Envelope ID:BAC6B954-3B70-442D-9F18-B1A1152AAD3D DocuSign Envelope ID:E50D18BA-B29D-45AE-9D1D-C79581A24C30 M I A M I BEACH Contract/Document Routing Form z YOUNG MUSICIANS UNITE GRANT AGREEMENT 2022-23 YOUNG MUSICIANS UNITE,INC. ORGANIZATIONAL DEVELOPMENT PERFORMANCE INITIATIVES e��lk.J ei os ,---axc.nbmas1 by. DR.LESLIE ROSENFELD ,e MARK TAXIS '•9:A7,C A9ID',+' -- '—c YAC05'dF2?A4 Type 1—Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation. Type 2-Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation. Type 3-Independent Contractor Agreement(ICA) Type 6-Tenant Agreement Type 4-Grant agreements with the City as the recipient Type 7-Inter-governmental agency agreement X Type 5-Grant agreements with the City as the grantor Other: Ion The purpose of this grant agreement is to provide free music education from Young Musicians Unite to students after school for school year 2022-23.YMU develops and manages the Miami Beach Senior High School Rock Ensemble AUGUST 17,2022-JUNE 7,2023 rmation Grant Funded: x I Yes No State Federal © Other: General Fund r r e 1 $30,000 011-9332-000353 Yes No 2 Yes No 3 Yes No 4 Yes No 5 Yes No 1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed. 3.Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of annual adopted operating budget. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No. CC Meeting Date: 2022-32064 2022-32139 If no,explain why CC approval is not required: Legal Form Approved: X Yes No If no,explain below why form approval is not necessary: Procurement: Grants: Budget: �U6CUb9nea by Information Technology: fioWC�O �b ShWart Risk Management: ' 2004A6•„EE„o, Fleet&Facilities: Human Resources: Other: gd15A , 2