Grant Agreement with PTA Florida Congress North Beach Elementary PTA •
2,022- 32(-1 13
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JAN 2 5 2023 tO
GRANT AGREEMENT Reso pending
BETWEEN approval
THE CITY OF MIAMI BEACH FLORIDA
AND
PTA FLORIDA CONGRESS- NORTH BEACH ELEMENTARY PTA
11/18/2022 l 5:56 EST
This Grant Agreement ('Agreement') is entered into this day of , 2022,
with an initial effective date of December 1, 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 PTA Florida Congress - North Beach Elementary PTA, a Florida Parent Teacher
Association (the "PTA" or"Grantee").
Article I/Grant Description
1. Grantee: PTA Florida Congress-North Beach Elementary PTA
Grantee Contact: Amy Ostroff, President
Address: 4100 Prairie Avenue
City, State, Zip: Miami Beach, FL 33140
Phone, fax, e-mail: nbepta.president@gmail.com
2. Grant amount: $75,000.00
3. Project Description: See Exhibit 1 hereto
4. Grant Project Budget: See Exhibit 2 hereto
5. Expenditure Deadline: Initial term, September 30, 2023;
6. Project Completion Date: Initial term, September 30, 2023;
7. Final Report deadline: Must be delivered to City no later than 30 calendar days
after project completion deadline.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this
day of , 2022.
CITY OF MI , I BEACH
OP
By:
Alir, . Hudak, City a' ager APPROVED AS TO
FORM &LANGUAGE
& R EXECUTION
ATTEST:
l l—10=21.
City Attorney Date
,-DocuSigned by:
Rafe-:13/.F6vamado, City Clerk
11/18/2022 1 5:56 PM EST
Date
GRANTEE:
PTA FLORIDA CONGRESS- NORTH BEACH ELEMENTARY PTA
Federal ID#:
EIN: 23-7628529
LDocuSigned by:
By Aµy vsa,v-
Ostroft; President
11/16/2022 1 7:27 AM PST
Date
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Article Ill 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 ten (10) months, from December 1,
2022 through September 30, 2023. The initial term, commencing on December 1 and ending on
September 30th 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 select and hire an
independent engineer to conduct an inspection of the infrastructure of North Beach Elementary
subject to the School Board's hold harmless and limited to approval as to the scope of the
inspections and access to the premises. 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
$75,000.00. 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 safety of students
at North Beach 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 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
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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.
6. No guarantee of future funding/Funding during the Term: Pursuant to Resolution No.
, this Agreement was approved with an initial term of ten (10) months.
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.
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
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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.
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,
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.
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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: 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.
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;
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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
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
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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: RAFAELGRANADOaMIAMIBEACHFL.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,
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.
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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
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.
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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.
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
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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.
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.
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Composite Exhibit 1 /Project Description
1. Project Description
The PTA will hire an independent engineer to perform an infrastructure inspection and/or any
related assessments to verify the structural soundness and environmental safety of facilities at
North Beach Elementary, located at 4100 Prairie Avenue, Miami Beach, Florida 33140. All work
shall be subject to the engineer's execution of the School Board of Miami Dade County Public
Schools hold harmless, and the School Board's approval as to the scope of the inspection of its
facilities and access to the premises.
2. Grant Monies
Grant monies in an amount not to exceed $75,000.00 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:
• Contracted/Outside Engineer fees/services
• Contracted/Outside other fees/services(specific descriptions listed within budget—Exhibit
2)
• Mileage reimbursement/travel
The Grant Amount must be spent within budget categories as set forth in Exhibit 2. All marketing
materials or publications associated with the inspection 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.
3. Grantee Responsibilities
Grantee will work with the principal of North Beach Elementary School and the School Board of
Miami Dade County Public Schools to schedule the independent infrastructure inspection.
Grantee will oversee and manage the inspection, including agreements with the school and other
organizations.
A. The inspection will be monitored through quarterly reports to include hours worked by
independent engineer. The below are the quarterly deliverables:
• A report of inspection services conducted
• Costs incurred in accordance with the budget with supporting documentation
B. The Grantee will maintain the following as evidence of expenses incurred:
• Supplies and services receipts (invoices and cancelled checks)
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
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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
• 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 findings
• A final project budget
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.
13
DocuSign Envelope ID:D0EF2512-FECF-4F2C-B2BA-96EAC842F4EB
Attachment A
To
Exhibit 1
THE FOLLOWING NBE PTA MEMBERS WILL OVERSEE THE PROJECT:
1. Amy Ostroff
2. Brigitte Hall
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
•
14
DocuSign Envelope ID:D0EF2512-FECF-4F2C-B2BA-96EAC842F4EB
Exhibit 2/ Project Budget
2022-2023
15
DocuSign Envelope ID:D0EF2512-FECF-4F2C-B2BA-96EAC842F4EB
Exhibit 3/Insurance Requirements
1. The PTA Florida Congress- North Beach Elementary PTA shall maintain, or shall cause for its
Engineer to maintain, at the PTA Florida Congress - North Beach Elementary PTA's 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:VtI, 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.
16
DocuSign Envelope ID:D0EF2512-FECF-4F2C-B2BA-96EAC842F4EB
Certificate Holder
CITY OF MIAMI BEACH
do 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 PTA Florida Congress - North Beach Elementary PTA 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.
•
17
DocuSign Envelope ID:DOEF2512-FECF-4F2C-B2BA-96EAC842F4EB
M I AM I BEACH Contract/Document Routing Form
Contract No. Title
Grant Agreement between CMB and PTA Florida Congress—North Beach Elementary PTA
Contractor Requesting Department
North Beach Elementary PTA ORG DEVELOPMENT PERFORMANCE INITIATIVES
Department Director Moui_•% ACM Name&Signa:u,
DR.LESLIE ROSENFELD ,er. JOHN WOODRUFF r+ CC•��
�—194824CA930744F 067FC9COAE604F1
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:
11
The City has provided funding to Grantee to select and hire an independent engineer to conduct an inspection of the infrastructure
of North Beach Elementary subject to the School Board's hold harmless and limited to approval as to the scope of the inspections
and access to the premises. The Grantee may only use the Grant for the purposes that are specifically described in the Project
Description.And shall,in no event,exceed the total amount of 5100,000.00.
9 nal Term Renewal Periods Apt&Term(Original+Renewals) .
1 year 0 1 year
.111111 Funding Information
Grant Funded: Yes X No State Federal Other:
Cost&
Annual Cost Mir Require E
1 $75,000.00 011-9322-000312-90-400-592-00-0C-00- Yes X No
2 Yes No
3 Yes No
4 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: Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
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:
Compliance Approvals(see attached)
Procurement:Alex Denis NA Grants: NA
wooegned by.
Budget:Tameka Otto Stew rtt4k.L14 Situart Information Technology: NA
Risk Management:Marc 900%63 Fleet&Facilities: NA
Chevalier hon. (,ut.voliLY'
Human Resources:NA 8:MA3298740408 Other: