The URL can be used to link to this page

Grant Agreement with Friends of The Bass Museum, Inc. (3) DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA136198 2 °2 I _,2 I-1 1 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F999070 MI AM I BEACH Contract/Document Routing Form STEAM+Grant Agreement 2022-23 Contractor Requesting Department Friends of the Bass,Inc. Vs Organizational Development Performance Initiatives .DepOMIMMOMmtor/'.e+Irl:'M.:p. sire ACM Name&'Signetw. DR.LESLIE ROSENFELD r I ve. JOHN WOODRUFF !0L 114...44 194824CA930744F D97FC9CDAE604F1 Document Type(Select One) 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: ill Purpose(attadr memo if additional space is necessary) On July 19,2019 the City Commission awarded$372,000 to the Bass for the STEAM+initiative in 6 Miami Beach public schools per reso Reso 2019-30906. Reso 2019-30955 amended Reso 2019-30906 to add Treasure Island Elementary in North Bay Village.Reso 2021-31776 authorizes the City Manager to execute a new grant agreement with The Bass for implementation of the STEAM+program for public schools for FY 2022-23 for an intital term of 1 year,with two 1-year renewals,at the option of the city and subject to funding appropriation and approval by the city commission during the budgetary process for each fiscal year. Odenatenn Renewal Periods IOW Ternr'(Original+Renewals) 1 year 2 3 years Furling Information Grant Funded: 11311ERM No IIII State IIII Federal I Other: Cost&Funding Source Year Annual Cost Account Require Enhancement 1 $372,000 011-0332-000343-16-400-582-00-00-00 _izzo© No 2 $372,000 011-0332-000343-16-400-582-00-00-00 __©_ 3 $372,000 011-0332-000343-16-400-582-00-00-00 __©_ 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 ado.ted o.eratin:bud:et. City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2021-31776 If no,explain why CC approval is not required: Legal Form Approved: X Yes No I If no,explain below why form approval is not necessary: _01.1_111011.111121 Approvals(sear Procurement:Alex Denis NA Grants: NA Budget:Tameka Otto Stewart o°`"$9°°tl° Information Technology: NA Do t.e&Mb Sinu r+ Risk Management:Marc eesoa7 Fleet&Facilities: NA Chevalier kart aw-A- -r Human Resources: ec4bt129e7.o4oe Other: DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Reso #2021-31776 GRANT AGREEMENT BETWEEN THE CITY OF MIAMI BEACH FLORIDA AND FRIENDS OF THE BASS MUSEUM, INC. 10/25/2022 1 1:22 PM EDT This Grant Agreement ("Agreement") is entered into this day of , 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 Friends of the Bass Museum, Inc., a Florida not-for-profit corporation(the"Bass" or"Grantee"). Article I/Grant Description 1. Grantee: Friends of the Bass Museum, Inc. Grantee Contact: Silvia Karman CubirS Address: 2100 Collins Avenue City, State, Zip: Miami Beach, Florida 33139 Phone, fax, e-mail: (305)673-7530, (786)394-4014, scubina@thebass.org 2. Grant amount: NOT TO EXCEED$372,000.00 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Expenditure Deadline: Initial term, September 30, 2023; approved renewal terms, September 30th of succeeding fiscal years 6. Project Completion Date: Initial term, September 30, 2023; approved renewal terms, September 30th of succeeding fiscal years 7. Final Report deadline: Must be delivered to City no later than 30 calendar days after project completion deadline. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5.B8A4F99907D day �yy of laic IJ s,VI�Ii t QF5Dtpe Parties hereto have executed this Agreement this CITY OF M I BEACH .�---- Es Es By: Alin T. Hudak, Ci Man ger ATTEST: CDocuSigned by: F cGrana o, City Clerk GRANTEE: APPROVED AS TO FORM &LANGUAGE Federal ID#: &FOR EXECUTION PALIAQVI. -- C036/22- 90 City Attorney pig Date FRIENDS OF THE BASS MUSEUM,INC. —DocuSigeed by: BY: 6i,er titAltotabui, So ldemann, President 2 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Article Il/General Conditions 1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of Miami Beach, a municipal corporation organized under the laws of the State of Florida (City). 2. Term: (A) This Agreement shall have an initial one-year term running coterminous with fiscal year 2022-2023, October 1, 2022 through September 30, 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 two (2) additional one-year terms. The initial term and each approved renewal term 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 Bass of such termination;which shall become effective within thirty (30)days following receipt by the Bass of such notice. Additionally,in the event of a public health, welfare or safety concern, as determined by the City Manager, in the City Manager's sole discretion, the City Manager, pursuant to a verbal or written notification to the Bass, may immediately suspend the services under this Agreement for a time certain, or in the alternative, terminate this Agreement on a given date. if the Agreement is terminated for convenience by the City, the Bass shall be paid for any services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law or under this Agreement. 3. Project Description: The City has delegated to the Bass the responsibility of administering the Project described in the Project Description set forth in Composite Exhibit 1, incorporated herein by reference and attached hereto. The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Composite Exhibit 1. All expenditures will be subject to the terms of this Agreement and, as specified in the Grant Project Budget attached hereto as Exhibit 2. Line item changes to said Budget shall not exceed ten percent(10%) per category and shall not exceed ten percent(10%) of the amount allocated on Exhibit 2 per cultural institution,and shall, in no event,exceed the total amount of$372,000.00. Amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the City Manager or his designee. Said requests shall be made in writing, detailing and justifying the need for such changes. 4. Reports: This Grant has been awarded with the understanding that the activities and services contemplated under the described Project will mutually contribute to the enhancement of services available to students at Biscayne Beach Elementary School, Miami Beach Fienberg Fisher K-8 Center, Miami Beach Nautilus Middle School, North Beach Elementary School, Miami Beach Senior High School, Miami Beach South Pointe Elementary School and Treasure Island Elementary School. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the City Manager with a written Final Report documenting that the Grantee has fulfilled all requirements. This report must be received by the City no later than the Final 3 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Report deadline set forth in Article 1-7. Notwithstanding the preceding, and as a condition of disbursement of the Grant funds,the City Manager or his designee may require Grantee to submit an interim written report, detailing Grantee's compliance at the time of a partial reimbursement request. 5. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 and is subject to the restrictions set forth herein. In awarding this Grant, the City assumes no obligation to provide financial support of any type whatsoever in excess of the total Grant amount. Cost overruns are the sole principal responsibility of the Grantee.The Grant funds will only be dispersed to the Bass after execution of this Agreement as follows: All property and supplies shall remain property of the City at all times.All equipment and remaining supplies shall be stored at The Bass Museum of Art at the end of each school year. Failure to return non-consumed supplies will result in a reduction to the final payment to the Bass equal to the cost of the missing equipment. Thereafter, grant funds shall be disbursed on a quarterly basis following execution of this Agreement. A detailed invoice must be provided to the City within 60 calendar days following the end of each quarter. No disbursement will be made until the City has received detailed documentation (invoices, cancelled checks, receipts, etc.) for the expenses, and the original receipts, incurred and paid by the Bass and/or the cultural institutions in the quarter prior and provided that all funds disbursed have been fully utilized as required by this Agreement. Monies shall be dispersed pursuant to the agreed upon schedule in accordance with the requirements of this Agreement. 6. No guarantee of future funding/Funding during the Term: Pursuant to Resolution No. 2021-31776, this Agreement was approved with an initial term of one (1) year and two (2) one- year renewal options, subject to funding approval. No later than February 15t of each fiscal year (for the following fiscal year), Grantee agrees to provide the Administration with a funding request for the Project, which will include a line item budget for the requested amount of grant funds(the "Funding Request"). Upon receipt of the Funding Request and the City Manager's decision to approve a renewal term, the Administration will place the requested grant amount in the budget for consideration and possible approval by the City Commission during the budgetary process for the applicable fiscal year. Each approved Funding Request and corresponding renewal term will be memorialized, in writing, in the form of an amendment to the Agreement, executed by both parties. The Grantee acknowledges that the receipt of this Grant does not imply a commitment on behalf of the City to continue or provide funding beyond the 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: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 4 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D 9. Accounting and Financial Review: Funded activities must take place on or before the Expenditure Deadline in Article 1-5. The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards.These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after the Expenditure Deadline specified in Article 1-5. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the 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 if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the City,where applicable,including appellate proceedings, and shall pay all costs, judgments, and attorneys'fees which may issue thereon. Grantee expressly understands and agrees that any insurance protection required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth herein, to indemnify, hold harmless and defined the City or its officers, employees, agents and contractors as herein provided. 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 ten 10 calendar days written notice to cure and Grantee failing to cure the default 5 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5BSA4F99907D to the satisfaction of the City Manager, the City Manager may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant, and the City shall have no further obligation to the Grantee under this Agreement. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as engaging in fraudulent conduct or making a material misrepresentation of fact, no cure period shall be required and the City Manager may terminate this Agreement immediately, effective upon Grantee receiving the City's written notification. Further, in the event of termination, at the City Manager's sole discretion, the Grantee may be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1-5 must be returned to the City within fifteen(15)calendar days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one month. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due,payable to the City of Miami Beach, Florida. 16.Written Notices:Any written notices required under this Agreement will be effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: City Manager's Office, 1700 Convention Center Drive, 4th Floor, Miami Beach, Florida 33139. 17. Board Training: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or more of its board membership complete the City's training for board members of non-profit agencies, who must have received such training within the last two years prior to Grantee receiving City funds. 18. Florida Public Records Law: Grantee shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. The term "public records"shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books,tapes, photographs,films,sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of"Contractor"as defined in Section 119.0701(1)(a), the Grantee shall: Keep and maintain public records required by the City to perform the service; 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; 6 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740 FA1 3B1 98 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D 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; 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. REQUEST FOR RECORDS; NONCOMPLIANCE. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement,and the City, at its sole discretion, may:(1)unilaterally terminate the Agreement; (2)avail itself of the remedies set forth under the Agreement;and/or(3)avail itself of any available remedies at law or in equity. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. CIVIL ACTION. 1. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys'fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action,the plaintiff provided written notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records 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. 7 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D 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: RAFAELGRANADO(a MIAMIBEACHFL.GOV PHONE: 305-673-7411 Article Ill/Miscellaneous Provisions 19. Public Purpose:The Grant awarded herein is the result of a finding by the City, based on representatives, documents, materials and other information supplied by Grantee, that the Grantee is performing a public purpose through the programs, projects, and/or services recommended for support. As such, use of Grant funds for any program component not meeting this condition will be considered a breach of the terms of this Agreement and will allow the City to seek remedies including, but not limited to, those outlined in this Grant Agreement. 20. Indulgence Will Not be Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs, or at any time throughout the term of this Agreement. 21. Captions Used in this Agreement: Captions, as used in this Agreement, are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 22. Contract Represents Total Agreement: This Agreement, including its special conditions and exhibits, represents the whole and total agreement of the parties. No representations,except those contained within this Agreement and its attachments, are to be considered in construing its terms. No modifications or amendments may be made to this Agreement unless made in writing signed by both Parties. The City Manager shall be authorized to execute amendments to this Agreement on behalf of the City. 23. No Discrimination: The Grantee also accepts and agrees to comply with the following Special Conditions: 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. 8 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights Ordinance as codified in Chapter 62 of the City Code, and as amended from time to time, prohibiting actual or perceived discrimination in employment, housing, public accommodations, or public services on the basis of race, color, national origin, religion, sex, intersexuality, gender identity,sexual orientation,disability, marital status,financial status,age,ancestry, height,weight, domestic partner status, labor organization membership, familial situation, or political affiliation. The City endorses the clear mandate of the Americans with Disabilities Act of 1990(ADA) to remove barriers, which prevents qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504 and prohibits discrimination on the basis of disability and requires that Grant recipients provide equal access and equal opportunity and services without discrimination on the basis of any disability. 24. Governing Law and Exclusive Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, GRANTOR AND GRANTEE EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 9 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Exhibit 1 1. Project Description The 2022-2023 school year represents year five of the Project.While all the cultural institutions in Miami Beach have cultural missions, integrating arts and cultural instruction into the K-12 daily schedule can be a challenge given the complexity of the school program,the diversity of the feeder pattern and the different mediums of cultural content providers. The Grantee conducted numerous meetings with school and arts stakeholders and launched a Beta Test program in the Spring 2019 feeder pattern in the City of Miami Beach. Since then, the program continues to deliver unique programming as created by The Bass, Hack Shack, Holocaust Memorial, Jewish Museum of South Florida - FIU, Miami Beach Bots, Miami Beach Botanical Gardens, the Miami City Ballet, Miami New Drama, Miami Theater Center, Moonlighter FabLab, the New World Symphony, the Perez Art Museum, the Wolfsonian, Miami New Drama,We the Best Foundation and Young Musicians Unite to seven (7)of our public schools. Since the pilot, over 5,000 children were impacted at every grade level. The schools include Biscayne Beach Elementary, Miami Beach Fienberg Fisher K-8 Center, Miami Beach Nautilus Middle School, Miami Beach Senior High School, Miami Beach South Pointe Elementary School, North Beach Elementary School and Treasure Island Elementary School. The pilot fulfilled its purpose to deliver arts programming into the daily school curriculum, as did year two and three of the program, with year three (2020-2021) transitioning to virtual programming due to COVID-19. The programming fits into the Miami-Dade County Public School system Science, Technology, Engineering, Arts, and Mathematics (STEAM) initiative but takes the arts programming to a new level. For the 2022-2023 school year, the program will provide in-person visits, and will flex if needed depending on protocols put in place by the Miami Dade Public School District. The program for the 2022-2023 school year has been carefully developed to provide grade-appropriate content for each level.And while not every grade level will receive instruction from all institutions, all grades will experience all institutions over the course of the K-12 education.The details of each institution's deployment is shown in Attachment A. Over the course of the project, each institution will perform at least 4 school visits, on different school days, with their partner schools, at the school site (pending Miami-Dade County School permission). For a list of participating schools and cultural institutions, and project descriptions, please refer to Attachment A. 10 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D Attachment A Bass Museum of Art Partners (7): Biscayne Beach Elementary, Miami Beach Fienberg Fisher K-8, Miami Beach Nautilus Middle, Miami Beach Senior High, Miami Beach South Pointe Elementary, North Beach Elementary,Treasure Island Elementary Program Summary: The Bass takes STEAM as an educational approach to learning that uses Science, Technology, Engineering, the Arts, and Mathematics as access points for guiding student inquiry, dialogue, critical thinking, and creativity. Through this program, students will engage with exhibitions at the Bass and expand on what is being taught in the classroom. As a result, students will take thoughtful risks, engage in experiential learning, persist in problem-, solving, embrace collaboration, and work through the creative process. Students will participate in a STEAM Lab at The Bass/virtual, exploring topics like environmental change, and the effects humans have on earth. All work that is created through the STEAM Plus program will be featured at the Bass Museum of Art during our FREE STEAM Family Celebration days(January/February and April/May). Miami Beach Sr. High STEAM CLub (Mentorship Program through The Bass) Partners (1): Miami Beach Nautilus Middle Program Summary: Our proposed project is the STEAM Plus Speaker Series to educate local feeder pattern schools on steam plus careers paths. The program is geared to reach out and organize Seminars or Zoom sessions with industry professionals in STEAM related fi elds which can include leaders in businesses, startups, universities or research organizations. These sessions will expose students to the educational paths, degrees, skills and challenges overcome by these leaders and professionals as they share their journey and experiences on the path to their current STEAM career. FIU Miami Beach Museum's:Jewish Museum of Florida&Wolfsonian Partners (4): Miami Beach Fienberg Fisher K-8, Miami Beach Senior High, Miami Beach South Pointe Elementary, North Beach Elementary Program Summary: Partners with the Jewish Museum of Florida-FIU will engage in an arts- integrated STEAM project inspired by the Museum's historic stained-glass windows and the power of storytelling.Students will learn about how stained glass is created and infused with color, as well as about Miami Beach history and how the invention of air conditioning led to the installation of 80 Miami-made stained-glass windows at the Jewish. Miami Beach Botanical Gardens Partners(2): Biscayne Beach Elementary, Miami Beach Fienberg Fisher K-8, Miami Beach South Pointe Elementary Program Summary: The Miami Beach Botanical Garden's STEAM curriculum provides students with a hands-on introduction to the glorious world of plants and wildlife. Students will learn the value of soil, plants, and pollinators, plus their importance in the wellbeing of our planet. Due to COVID-19,The Garden will be prepared to transition to online learning via FlipGrid and/or Zoom. The Garden will provide"garden kits"for each student to participate at home or in the classroom; 11 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D Miami Children's Museum Partners(4):Biscayne Beach Elementary, Miami Beach Fienberg Fisher K-8, Miami Beach South Pointe Elementary, Treasure Island Elementary Program Summary: Explore the bustling intersection where performance and science meet. Building Noise is brought to you by the Miami Children's Museum —an interactive performance project that brings our participant scholars together to build one giant soundscape. In one gigantic building experience, scholars will learn about sound waves, music, and performance. Through four interactions, our dedicated Theater Troupe will guide the students through basic rhythmic and sound lessons, mentor the participating scholars as they build their own collaborative rhythmic performance and support them in the.reveal of the final composition to their classmates. In addition,the group will visit the Miami Children's Museum in the four-week long process to play and learn in our own soundscape. Miami City Ballet Partners(5): Biscayne Beach Elementary,Miami Beach Fienberg Fisher K-8, Miami Beach South Pointe Elementary, North Beach Elementary, Treasure Island Elementary Program Summary: Through creative movement, Miami City Ballet's (MCB) Community Engagement dance teaching artists will use various works and scientific themes as a point of entry to enhance academic content through dance. The residency outcomes will build culture, support social-emotional competencies, and affirm arts learning through interdisciplinary practice. Miami New Drama Partners(1): Miami Beach Senior High Program Summary: Miami New Drama offers two exciting programs centered in STEAM for both the theater or the physics classroom. Students will have the option for a field trip to the Colony Theatre on Miami Beach to experience the lessons in action. 1) Master MIND Technical Theater& Design Intensive is designed for age 14-18. 2) Physics takes center stage! Designed for upper middle school to high school students in a theatre, physics, or science class, to bring concepts like Newton's Laws of Motion, force, friction, and more to life. 3) Design & Create a Character! Designed for middle school to high school students in a theatre, engineering, or other creative-thinking course. Moonlighters Miami Partners(2): Miami Beach Fienberg Fisher K-8, Miami Beach Senior High Program Summary: Students will apply Design Thinking methodologies to create prototypes of sustainable architecture. From Sketching their ideas to building models to discovering climate- resilient designs and creating solar-powered circuits! Students learn to work collaboratively,apply multidisciplinary skills, and think critically and creatively. We The Best Foundation Partners(2): Biscayne Beach Elementary, Treasure Island Elementary Program Summary: Targeting K-8 students, the STEAM DREAM Program will have those students participate in a series of sessions,two sessions per month starting October 2022 through June 2023. Each session will begin with a motivating message from the founder, DJ Khaled, followed by innovative and projects-based STEAM lessons. Each session will build on the 12 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3r18DD-B4BC-5B8A4F99907D previous session, and involve discussions,goals,dreams, vision boards, instruments,and music. All experiences are designed to help the students create their vision and perform an individual/class song, poem, rap, skit and/or dance culminating in a performance of their vision. Young Musicians Unite Partners (4): Miami Beach Fienberg Fisher K-8, Miami Beach Nautilus Middle, Miami Beach Senior High, North Beach Elementary Program Summary:Young Musicians Unite provides students a free immersive music education through our in person and or virtual music classes. Course selections range from Music Production to Drumline, Beginning Band, Modern Band, Early Learning Pitch & Rhythm, Jazz Ensemble, Rock Band and Strings. Our classes focus on fulfilling the A requirement in STEAM by introducing Arts standards, but incorporate concepts from all 5 subjects. THE FOLLOWING BASS STAFF WILL OVERSEE THE PROJECT: Kvlee Crook has been an integral part of STEAM Initiative serving as the Education Consultant for the City of Miami Beach and Director of Education at The Bass Museum of Art. During Crook's tenure at the Bass Museum of Art, she has established, managed, and expanded the Museum's educational programming and administered several major grants, including the three-year Knight Arts Challenge which allowed for the creation of IDEA@thebass and the three-year Kellogg Foundation Grant which expanded the Bass Museum of Art's education outreach programming by 178%. Crook was named one of Miami Foundation's Miami Leaders for 2013-2014, and has sat as a grant panelist for major Florida funding organizations. Koren IIla is a Miami-based visual and performing arts education advocate, choreographer, director, and instructor. Koren earned her Bachelor of Fine Arts degree under the school of Education, Business and Performing Arts at Florida International University.Working in the visual and performing arts fields, Ms. IIla has worked alongside KC and the Sunshine Band, the Miami Heat, Arturo Sandoval, the Miss America Pageant Association, and assisted in directing a pilot episode for a TV series airing on Hulu in 2022. Koren has worked with both Miami-Dade and Broward County schools helping promote arts education through after school/in school programming and partnerships. With Koren's well-rounded knowledge of the visual and performing arts, as well as M-DCPS, Koren has been an integral part of the STEAM (Science, Technology, Engineering,Arts and Math)initiative working with each cultural institution, M-DCPS, and the City of Miami Beach to ensure this program exceeds all expectations. Ambar Herrera Gonzalez is a Brooklyn native. She is a graduate of Broward College with an Associate of Arts degree in Art History. She began at The Bass in 2017 as a Guest Services Associate, a position she previously held at The Art and Culture Center/Hollywood. In addition, she previously had over 5 years of bookkeeping experience for a small business. In 2019 she was promoted to her current position of Bookkeeper- Finance Assistant. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. 13 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Attachment B Agreement Procedures Report line items on Excel Sheets inclusive of the below: 1. Quarter 2. Description of program service 3. Name-Vendor or employee 4. Source Document Item reference number(as applicable)-Invoice number, paycheck number, reimbursement form number 5. Amount paid 6. Reimbursement amount 7. Service date-Date of service or purchase 8. Payment date 9. Cross reference identifier to supporting documentation page number a. Services and supplies-invoices/orders b. Salary reimbursement c. Employee reimbursement Source Documents A. Services and supplies-invoices/orders Description of program service Invoice number Invoice date Vendor name and address Customer name and address Detail of service including description, date and time Detailed description of items purchased including item cost and quantity Invoice amount Invoice approval Proof of payment Check-copy of cancelled check and bank statement Credit card-vendor receipt and credit card statement EFT-vendor receipt and bank statement B. Salary reimbursement Description of program service Detail payroll period check register Bank statement C. Employee reimbursement Description of program service Copy of detailed employee reimbursement form submitted to provider Copy of supporting documentation such as a paid invoice or detailed receipt including date, time, description and amount Payroll check stub or register detail of reimbursement check Copy of cancelled check and bank statement 14 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D For all above, provide detail calculation for item reimbursement amount sought if not equal to total amount disbursed. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 15 0 0 C DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D v m EXHIBIT 2 f PROJECT BUDGET 7 N O in STEAM+&MMOW 20224023 (D 0 NEW Expenses Bees Museum of Ar Botanical Gardens FIU•JMOF 8 WOLF Conti Miami Children's Mueemn Miami City Ballet Miami New Drama Moonlighter Makers Young Weldon*Ur We the Bost Totals by lino Item M In.houadW Sned rs m Peonnel.Aomolra1on $ 49,000.00 $ 200.00 S 7,445.00 S 2,000.00 S 3,510.00 S 2,80000 S 1.600.00 S _ 8,000.00 S 33000 5 74,885.00 CO In-houselSelaned Personnel Admix S S 1,440.00 $ 35,1300.00 $ 17,460.00 5 74,000.03 5 S 14.500.00 S 76,08000 5 $ 118,480.00 -n V Conbected/Outeide Arbasc leseMerviees $ 24,000.00 5 2,000.W 5 5 18_000.00 S S 36,610.00 S 700,00 $ 81,310.00 V Coe0o,IodJOutawe Other Neefaervtua.Technical 5 • 5 --' • 5 2,coo.tm $ 5 $80.00 $ 2,55o.D0 A 03 here ihald Iota lot aY1Oame) 5 5,910.00 S 4,000.00 S 4,500,00 5 1,740.00 S 1,500.00 S - S $ 17,650.00 -n Suppl.ennotenato/Pnnang Consumable $ 10,700.00 S 3,000.00 S _ 15.50000 5 25000 S 3,000.00 5 2.000.00 $ 19,500.00 $ 3,000.00 5 750.00 5 57,700.00 W SupplteWmalanele Non•ConsumaDle $ 1,700.00 5 2000.00 5 4,700.00 $ 1,500.00 5 2,000.00 5 1,30000 S 13,200.00 (T.' L.ornael oasjlechaofMafe,imageasrss rtpt o .00py- ted cumcuN .U0 m) ...T$ 270 _. __.. .5 $ S 270.00 A Persowi Pruaaroon Equipment $ 7.000.00 r _ S - $ 2,000.00 CT Subtotal•Intdtdb%Adman $ 93,310.00 5 10,640.00 $ 64,715.00 5 26,150.00 5 30,510.00 $ 27,800.00 $ 37,600.00�5 73,690.00 $ 3,630,00 5 368045.00 ,A Subtotal•Amount minusadmin $ 44,310.00 $ 10,440.00 S 57,270.00 $ 24,15000 $ 27,000.00 $ 25,000.00 $ 36,000.00,$ 65,690.00 $ 3,30000 5 293,160.00 T Number of Schools 7 3 5 4 6 2 t 5 3 (!t Total Expanses incluaivo of Troosure Island $ 366046.00 Total txpense minus Bass admen $ 319,045.00 J Total Program Costs•Without Adman $ 193,160.00 A Total Adman-EXCLUDING BASS S 75,815.00 O Percentage of admin. I 9% T D •Percentage does not Include the amount of The Bat,admimsuatton foes W CO CO DocuSign Envelope ID:EB5F7784-FA33-4054-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-4BDD-B4BC-5B8A4F99907D Exhibit 3/Insurance Requirements 1. The Bass shall maintain, at the Bass' sole cost and expense, the following types of insurance coverage at all times throughout the Term of this Grant Agreement: A. Worker's Compensation Insurance as required by Florida law, with Statutory limits and Employer's Liability Insurance with limits of no less than $500,000 per accident for bodily injury or disease. B. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $1,000,000 combined single limit per occurrence,for bodily injury and property damage. 2. The policies of insurance referred to in the above paragraph 1 above shall not be subject to cancellation or changing coverage,except upon at least thirty(30)days written notice to the City, and then subject to the prior written approval of City Manager. 3. Additional Insured Status. The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of Bass. 4. Waiver of Subrogation. The Bass hereby grants to City of Miami Beach a waiver of any right to subrogation which any insurer of Bass may acquire against the City of Miami Beach by virtue of the payment of any loss under such insurance. Bass agree to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer. 5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. 6.Verification of Coverage. Bass shall provide the required insurance certificates, endorsements or applicable policy language effecting coverage required by this Section. All certificates of insurance and endorsements are to be received prior to any work commencing. However,failure to obtain the required coverage prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 7. Special Risks or Circumstances. The City of Miami Beach, in its sole discretion, through the City Manager, reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 17 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D 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 Bass fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain such insurance, and any sums expended by the City in obtaining said insurance, shall be repaid by Bass to the City, plus ten percent(10%)of the.amount of premiums paid to compensate City for its administrative costs. If Bass does not repay the City's expenditures within fifteen (15) days of demand, the total sum owed shall accrue interest at the rate of twelve percent(12%)until paid and such failure shall also be deemed an event of default hereunder. 18 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D Exhibit 4/Independent Contractor Agreement Template 19 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D GRANT AGREEMENT BETWEEN THE BASS AND(GRANTEE) This Grant Agreement("Agreement")is entered into this 1st day of October 2021,between the Friends of the Bass Museum, Inc., a Florida not-for-profit corporation ("Bass") and .("Grantee"). Article I/Project Description 1. Grantee: Grantee Authorized Signor: Address: City,State,Zip: Phone,fax,e-mail: 2. Grant amount: NOT TO EXCEED$ 3. Project Description: See Exhibit 1 hereto 4. Grant Project Budget: See Exhibit 2 hereto 5. Grant Project Dates: — 6. Expenditure deadline: 7. Project completion date: 8. Final Report deadline: DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D IN WITNESS WHEREOF,the Parties hereto have executed this Agreement this day of 2022. THE BASS MUSEUM OF ART By: Director of Education ATTEST: Deputy Director APPROVED AS TO GRANTEE: FORM&LANGUAGE &FOR EXECUTION Federal ID#: .2i,C 1 r I`I a'Z y iA City Attorney* Date (Grantee) By: (Authorized Signor) DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-588A4F99907D Article II/General Conditions 1. Parties:The parties to this Agreement are the Grantee listed in Article I,and The Bass,The City of Miami Beach has delegated the responsibility of administering this Grant to the Bass. 2. Term: (A) This Agreement shall have a one-year term running coterminous with fiscal year through_ (B) Termination for Convenience of the City or The Bass. The City and/or The Bass may also,through its City Manager and/or Bass Program 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 and/or Bass Program Manager, in the City Manager's and/or Bass Program Manager's sole discretion,the City Manager and/or Bass Program 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 and/or The Bass, the Grantee shall be paid for any services satisfactorily performed up to the date of termination;following which the City and/or The Bass 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 and/or The Bass from pursuing any other remedies that may be available to it under the law or under this Agreement. 3. Project Description:The City has delegated to The Bass the responsibility of administering the Project described in the Project Description set forth in Composite Exhibit 1, incorporated herein by reference and attached hereto.The Bass has delegated the responsibility of administering the project described in the Project Description set forth in Composite Exhibit 1, incorporated herein by the reference and attached hereto, to The Grantee. The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Composite Exhibit 1. All expenditures will be subject to the terms of this Agreement and, as specified in the Grant Project Budget attached hereto as Exhibit 2. Line item changes to said Budget shall not exceed ten percent (10%) per category and shall not exceed ten percent (10%) of the amount allocated on Exhibit 2 per cultural institution,and shall, in no event,exceed the total amount of$ .Amendments to the Grant Project Budget in Exhibit 2 shall not be permitted without the prior written consent of the Bass Project Manager, who in turn must get the prior written consent from the City Manager, or his designee.Said requests shall be made in writing,detailing and justifying the need for such changes. 4. Reports: This Grant has been awarded with the understanding that the activities and services completed under the described Project will mutually contribute to the enhancement of services DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D available to students at Biscayne Beach Elementary School, Miami Beach Fienberg Fisher K-8 Center, Miami Beach Nautilus Middle School,North Beach Elementary School,Miami Beach Senior High School, Miami Beach South Pointe Elementary School and Treasure Island Elementary School.To demonstrate that the Grant is fulfilling,or has fulfilled,its purpose,the Grantee must supply The Bass with a written Final Report documenting that the Grantee has fulfilled all requirements.This report must be received by The Bass no later than the Final Report deadline set forth in article I (8), documenting that the Grantee is meeting or has fulfilled all project and financial requirements. Notwithstanding the preceding, and as a condition of disbursement of the Grant funds, The Bass may require Grantee to submit an interim written report,detailing Grantee's compliance at the time of a partial reimbursement request. S. Amount of Grant and Payment Schedule:The total amount of the Grant is specified in Article 2 and is subject to the restrictions set forth herein. In awarding this Grant,The Bass assumes no obligation to provide financial support of any type whatsoever in excess of the total approved Grant amount. Cost overruns are the sole principal responsibility of the Grantee.The Grant funds will only be dispersed to the Grantee after execution of this Agreement as follows: All property and supplies shall remain property of the City of Miami Beach at all times.All equipment and non-consumed supplies shall be returned to the City at the end of the term.Failure to return non- consumed supplies will result in a reduction to the final payment to the Grantee equal to the cost of the missing equipment. Thereafter,grant funds shall be disbursed on a quarterly basis following execution of this Agreement. A detailed invoice must be provided to The Bass within 15 calendar days following the end of each quarter. No disbursement will be made until The Bass has received detailed documentation (invoices, cancelled checks, receipts, etc.) for the expenses, and the original receipts, incurred and paid by the Grantee in the quarter prior and provided that all funds disbursed have been fully utilized as required by this Agreement. 6. No guarantee of future funding/Funding during the Term:This Agreement is approved for one(1)year with no guaranteed renewal options. If invited to apply for the following year, Grantee agrees to provide the Administration with a funding request for the Project,which will include a line item budget for the requested amount of grant funds(the "Funding Request"), No later than February 15t of 2022- 2023 fiscal year (for the following fiscal year). 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 Bass and/or the City to continue or provide funding beyond the initial one(1)year term. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D 7. Program Monitoring and Evaluation:The City Manager,his designee,The Bass Director of Education or her designee may monitor and conduct an evaluation of the Project under this Grant, which may include, with or without limitation, visits by City representatives and/or The Bass 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: Monies received pursuant to this Agreement shall be kept in accounts in established Miami-Dade County banks or savings and loan associations whose identities shall be disclosed in writing to the City Manager or his designee with the identity and title of individuals authorized to withdraw or write checks on Grant funds. 9. Accounting and Financial Review:Funded activities must take place on or before the Expenditure Deadline in Article I (6).The Grantee shall keep accurate and complete books and records of all receipts and expenditures of Grant funds,in conformance with reasonable accounting standards. These books and records,as well as all documents pertaining to payments received and made in conjunction with this Grant,including,without limitation,vouchers,bills,invoices,receipts and canceled checks,shall be dated within the fiscal year for which they are approved and retained in Miami-Dade County in a secure place and in an orderly fashion by the Grantee for at least two(2) years after the Expenditure Deadline specified in Article I (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 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: "City of Miami Beach STEAM Plus Program." 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 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 The Bass and their officers,employees,agents and contractors,from any and all liability,losses or damages,including attorneys'fees and costs of defense,which the City or The Bass or their officers,employees,agents and contractors may incur as a result of claims, demands,suits,causes of actions or proceedings of any kind or nature arising out of,relating to,or resulting from the performance if this Agreement by the Grantee or its officers, employees, agents, servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5BSA4F99907D of any kind or nature in the name of the City or The Bass, 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,The Bass or their officers, employees, agents and contractors as herein provided. 13. Assignment:The Grantee shall not be permitted to assign these Grants,and any g 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 Bass,The Bass may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant, and .The Bass 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 Bass may terminate this Agreement immediately, effective upon Grantee receiving The Bass' written notification.Further,in the event of termination,at The Bass'sole discretion,the Grantee may be required to immediately repay to The Bass all portions of the Grant which have been received by the Grantee,as of the date that the written demand is received. Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in Article 1 (6)must be returned to The Bass within ten (10) calendar days after the Expenditure Deadline. If such funds have been committed but not expended,the Grantee must request in writing from The Bass 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 Bass pursuant to this Section are to be repaid upon demand by delivering to The Bass a certified check for the total amount due, payable to The Bass. 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 1 of this Agreement,and to The Bass when addressed as follows: The Bass Museum of Art,2100 Collins Avenue, Miami Beach, Florida 33139. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B48C-5B8A4F99907D 17. Audit and Inspections: A. Upon reasonable verbal or written notice to Grantee,and at any time during normal business hours (i.e.9AM—5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager,and/or such representatives as the City Manager may deem to act on CMB's behalf, to audit, examine, and/or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Grantee shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. B. Inspector General Audit Rights: 1. Pursuant to Section 2-256 of the Code of the City of Miami Beach,CMB 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 CMB. 2. The Office of the Inspector General is authorized to investigate CMB affairs and empowered to review past, present and proposed CMB 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 CMB projects and programs.Monitoring of an existing CMB 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 Grantee,its officers,agents and employees,lobbyists,CMB 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, CMB is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. 3. Upon ten(10)days written notice to Grantee, 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 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. 4. The Inspector General shall have the right to inspect and copy all documents and records in 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 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D I a 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. 5. 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 Agreement,for examination,audit,or reproduction, until three(3)years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement.In addition: • a. If this Agreement is completely or partially terminated, Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement;and b. Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals,litigation,or claims are finally resolved. 6. The provisions in this section shall apply to Grantee, its officers, agents, employees, subcontractors and suppliers.Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by Grantee in connection with the performance of this Agreement. 7. Nothing in this section shall impair any independent right of CMB to conduct audits or investigative activities.The provisions of this section are neither intended nor shall they be construed to impose any liability on CMB by Grantee or third parties. Article III/Miscellaneous Provisions 18. Public Purpose: The Grants awarded herein is the result of a finding by The Bass, based on representatives, documents, materials and other information supplied by the 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 Bass to seek remedies including, but not limited to,those outlined in this Agreement. 19. 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. DocuSign Envelope ID:EB5F77847FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D 20. 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. 21. 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. 22. 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. 23. E-Verify: (A)To the extent that Contractor provides labor,supplies,or services under this Agreement,Contractor 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,Contractor 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,Contractor shall expressly require any subcontractor 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 Contractor enters into a contract with an approved subcontractor,the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ,contract DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D with,or subcontract with an unauthorized alien.Contractor shall maintain a copy of such affidavit for the duration of the Agreement or such other extended period as may be required under this Agreement. (B)TERMINATION RIGHTS. (1) If the City or The Bass has a good faith belief that Contractor has knowingly violated Section 448.09(1), Florida Statutes,the City shall terminate this Agreement with Contractor for cause, and the City shall thereafter have or owe no further obligation or liability to Contractor. (2) If the City of The Bass has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 20(A),but the Contractor otherwise complied with such subsection,the City or The Bass will promptly notify the Contractor and order the Contractor to immediately terminate the agreement with the subcontractor. Contractor's failure to terminate a subcontractor shall be an event of default under this Agreement,entitling City and/or The Bass to terminate the Contractor's contract for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or The Bass or Contractor or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection(B)(1)or(B)(2)no later than 20 calendar days after the date on which the contract was terminated. (5) If the City or The Bass terminates the Agreement with Contractor under the foregoing Subsection(B)(1),Contractor may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Contractor is liable for any additional costs incurred by the City and/or The Bass as a result of the termination of this Agreement under this Section 20. 24. Force Majeure: (A) A"Force Majeure"event is an event that(i)in fact causes a delay in the performance of the Contractor or the City's or The Bass'obligations under the Agreement,and(ii)is beyond the reasonable control of such party unable to,perform the obligation, and (iii) is not due to an intentional act, error,omission, or negligence of such party,and(iv)could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event.Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions,transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility,inclement weather,or failure to secure any of the required permits pursuant to the Agreement. (B) If the City or The Bass or Contractor's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within twelve(12) business days thereof, provide notice:(i)of the occurrence of event of Force Majeure, (ii)of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate the detrimental effects of the event.The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure,and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. (C)No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. (D)Obligations pursuant to the Agreement that arose before the occurrence of a Force Majeure event, causing the suspension of performance,shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible.The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. (E) Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence,the City and/or The Bass may,at the sole discretion of the City Manager,suspend the City's and/or The Bass' payment obligations under the Agreement,and may take such action without regard to the notice requirements herein.Additionally,in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City and/or The Bass may,at the sole discretion of the City Manager,terminate the Agreement on a given date, by giving written notice to Contractor of such termination. If the Agreement is terminated pursuant to this section, Contractor shall be paid for any Services satisfactorily performed up to the date of termination; following which the City and The Bass shall be discharged from any and all liabilities,duties,and terms arising out of,or by virtue of,this Agreement.In no event will any condition of Force Majeure extend this Agreement beyond its stated Term. 25. 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 PARTNER 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. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D Composite Exhibit 1/Project Description 1. Project Description The 2022-2023 school year represents year five of the Project.While all the cultural institutions in Miami Beach have cultural missions,integrating arts and cultural instruction into the K-12 daily schedule can be a challenge given the complexity of the school program,the diversity of the feeder pattern and the different mediums of cultural content providers.The Grantee conducted numerous meetings with school and arts stakeholders and launched a Beta Test program in the Spring 2019 feeder pattern in the City of Miami Beach.Since then,the program continues to deliver unique programming as created by The Bass,Hack Shack, Holocaust Memorial,Jewish Museum of South Florida-FIU, Miami Beach Bots, Miami Beach Botanical Gardens, the Miami City Ballet, Miami New Drama, Miami Theater Center,Moonlighter FabLab,the New World Symphony,the Perez Art Museum,the Wolfsonian, Miami New Drama, We the Best Foundation and Young Musicians Unite to seven (7) of our public schools. Since the pilot, over 5,000 children were impacted at every grade level.The schools include Biscayne Beach Elementary, Miami Beach Fienberg Fisher K-8 Center, Miami Beach Nautilus Middle School, Miami Beach Senior High School, Miami Beach South Pointe Elementary School, North Beach Elementary School and Treasure island Elementary.School.The pilot fulfilled its purpose to deliver arts programming into the daily school curriculum,as did year two and three of the program,with year three (2020-2021)transitioning to virtual programming due to COVID-19. The programming fits into the Miami-Dade County Public School system Science, Technology, Engineering,Arts, and Mathematics (STEAM) initiative but takes the arts programming to a new level. For the 2022-2023 school year, the program will provide in-person visits, and will flex if needed depending on protocols put in place by the Miami Dade Public School District. The program for the 2022-2023 school year has been carefully developed to provide grade-appropriate content for each level.And while not every grade level will receive instruction from all institutions,all grades will experience all institutions over the course of the K-12 education.The details of each institution's deployment is shown in Attachment A.Over the course of the project,each institution will perform at least 4 school visits,on different school days,with their partner schools,at the school site(pending Miami-Dade County School permission). For a list of participating schools and cultural institutions,and project descriptions,please refer to Attachment A to Exhibit 1. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D ORGANIZATION PARTNER DETAILS: Partners(U): Program Summary: 1. Grant Monies A. Grant Monies in an amount not to exceed $ will be used to help support the program in the 2021-2022 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) • • Supplies/materials/Printing:Consumable • Supplies/materials:Non-Consumable • License Fees(tech software,image licenses,copy-righted curriculum) B. 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 • Renumeration of City of Miami Beach employees for any service rendered as part of a project receiving funds from the STEAM Initiative • "Bricks or mortar"or permanent equipment,unless the purchase price is less than the cost of rental. • City of Miami Beach services(permit fees,off-duty police,insurance) • Debt reduction • Contests • Indirect or general operating costs related to the operation of the Grantee's organization • Travel or transportation outside the local Miami Dade County area • Social/fundraising events,beauty pageants,or sporting events • Hospitality costs including decorations or affiliate personnel with the exception of artists • Cash prizes • Insurance fees not directly related to the program • Indirect or general operating costs related to the operation of the organization DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D • Administrative salaries and fees not to exceed ten(10%)percent of total budget(except salaries directly related to STEAM program services) • Lobbying or propaganda materials • Charitable contributions C. The City will not reimburse expenses relating to parking or the use of a rental or transportation service such as Uber or Lyft.Mileage reimbursement will be reimbursed at the 2019-2020 approved rate not to exceed approved budget amount. D. Grant monies must be spent within budget categories as set forth in Exhibit 2. All publications associated with City of Miami Beach STEAM Initiative Grant support must be approved, in writing, by the City Manager or his/her designee and include the City of Miami Beach logo and the following byline:"City of Miami Beach STEAM Plus Program." 2. Grantee Responsibilities A. The program will be monitored through monthly and quarterly reports to include the following deliverables: • Quarterly report of instructional hours deployed by institution and school versus approved scope of work(Attachment A,Schedule of Class visits). • A quarterly report form, to be provided by The Bass, that documents grade level, instructional hours, class visits per student, students served, number of visits to the school. • A quarterly report by the institution of the curriculum deployed at each grade level • A Quarterly report of costs incurred in accordance with the budget with supporting documentation 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 that include dates of class visits 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). C. The Grantee will submit a final report no later than the Final Report deadline,set forth in Article I (8),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 DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D D. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Exhibit 2/Project Budget DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81 D6540-C2E3-48DD-B4BC-5B8A4F99907D Exhibit 3/Insurance Requirements 1.The Grantee shall maintain,at the Grantee'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 Bass,and then subject to the prior written approval of The Bass project manager. 3.Additional Insured Status. The City of Miami Beach and Friends of The Bass Museum,Inc.(The Bass) must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee. 4.Waiver of Subrogation. The Grantee hereby grants to The Bass and The City of Miami Beach a waiver of any right to subrogation which any insurer of the Grantee may acquire against The Bass and/or The City of Miami Beach by virtue of the payment of any loss under such insurance. The Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not The Bass 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. The Grantee 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 Bass and/or 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 Bass and/or The City of Miami Beach,in their sole discretion,through the City Manager or Bass Administration, reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. • DocuSign Envelope ID:EB5F7784-FA33-4D54-AF51-2740FA13B198 DocuSign Envelope ID:C81D6540-C2E3-48DD-B4BC-5B8A4F99907D Certificate Holder 1 CITY OF MIAMI BEACH c/o INSURANCE TRACKING SERVICES 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FL 33139 Certificate Holder 2 FRIENDS OF THE BASS MUSEUM,INC. 2100 COLLINS AVENUE 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 the Grantee fail to obtain, maintain or renew the policies of insurance referred to above, in the required amounts,The Bass and/or the City of Miami Beach may, at its sole discretion, obtain such insurance, and any sums expended by The Bass and/or the City of Miami Beach in obtaining said insurance,shall be repaid by the Grantee to The Bass and/or the City of Miami Beach, plus ten percent(10%)of the amount of premiums paid to compensate The Bass and/or the City of Miami Beach for its administrative costs. If the Grantee does not repay The Bass'and/or the City of Miami Beach 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.