Amendment No.1 Grant Agreement with Miami Beach Chamber Education Foundation, Inc DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733 Reso 2022-32155
AMENDMENT NO. 1 TO THE GRANT AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH
AND
MIAMI BEACH CHAMBER EDUCATION FOUNDATION, INC.
This Amendment No. 1 ("Amendment') to the Grant Agreement (the "Agreement"), dated
September 20, 2021, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and MIAMI BEACH
CHAMBER EDUCATION FOUNDATION, INC., a Florida not-for-profit company, having its
principal place of buq mb2'1392i0 Hqraaaftmue, 3rd floor, Florida 33139 ("CEF"), is entered
into this day of 7 2
RECITALS
WHEREAS, in January 2008, the City of Miami Beach, Florida ("City") entered into an
Education Compact with Miami-Dade County Public Schools (M-DCPS) to enhance learning
opportunities for youth; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in education in the City's public schools and is an investment in the overall
enhancement of education for the City's residents; and
WHEREAS, at the February 9, 2022 City Commission meeting, the Mayor and City
Commission referred discussion item C4F to the Finance and Economic Resiliency Committee
(the "Committee") to discuss providing a one-time matching contribution of$100,000 in funding
towards the cost of implementing a ProStart hospitality training program and kitchen at Miami
Beach Senior High School; and
WHEREAS, ProStart is a nationwide, two-year high school-culinary arts and restaurants
management program that reaches approximately 130,000 students in more than 1,700 high
schools across 50 states, Guam and the District of Columbia; and
WHEREAS, at the April 29, 2022 Committee meeting,the Committee recommended that
the City allocate matching funds in the amount of$100,000 to support the cost of implementing
a ProStart hospitality training program; and
WHEREAS, Miami-Dade County Public Schools ("School Board") has indicated that it
will be contributing at least $750,000.00 to retrofit the existing student kitchen at Miami Beach
Senior High School ("High School"); and
WHEREAS, on May 4, 2022 the Mayor and the City Commission adopted Resolution
No. 2022-32155, accepting the recommendation of the Committee to provide a one-time
matching fund in the amount of $100,000.00 ("City's Contribution"), to be matched by a
contribution from CEF, in the amount of at least $100,000.00, for the purchase of kitchen
equipment, for use by the High School student kitchen in support of the ProStart hospitality
training program; and
1
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD276733
WHEREAS, on July 21, 2022 the City and CEF entered into a Grant Agreement
("Agreement")establishing the parties' responsibilities in connection with the City's Contribution;
and
WHEREAS, the parties wish to clarify some of the deliverables in the
Agreement.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and CEF hereby agree to amend the Agreement as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items strums and inserted items
underlined)as follows:
A. Paragraph 5 (Reimbursement Requests) of Article II / General Conditions is hereby
deleted in its entirety and replaced with the following:
5. REIMBURSEMENT REQUESTS: A funding request may be submitted to the
City at any time during the Grant Term. All advanced funding requests must be
submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit 4. All
reimbursement requests must be submitted prior to October 15th, 2023. Grantee shall
provide the City with copies of all receipts, invoices, cancelled checks (with copies of
both front of back) and proof of expenditures of Grant monies. Grantee shall provide the
City with and shall categorize all receipts, invoices, cancelled checks, and other
documentation, according to the categories set forth in the Grant Project Budget.
Invoices and checks must be directly related to expenses for Grant-funded activities
taking place within the 2022-2023 Fiscal Year.
B. Paragraph 6(Amount of Grant and Payment Schedule)of Article II/General Conditions
is hereby deleted in its entirety and replaced with the following:
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant
is set forth in Article I, 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 remitted to the Grantee once the Mayor and
City Commission have approved the grant award, once all parties have executed this
Agreement, and once Grantee has received School Board approval through Miami-Dade
County Public School Board ("School Board")(See Exhibit A to this Amendment, dated
October 19, 2022).
C. Paragraph 7 (Grant Restrictions and Obligations) of Article II / General Conditions is
hereby deleted in its entirety and replaced with the following:
7. GRANT RESTRICTIONS AND OBLIGATIONS: Grant funds awarded pursuant
to this Agreement may not be used for the following expenditures: remuneration of City
employees for services rendered as part of a Project funded by this Grant; debt
2
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997D029-6F0E-499B-989C-0D50BD27B733
reduction; social and/or fundraising events; cash prizes: lobbying or propaganda
materials; charitable contributions; or events not open to the public. Upon completion of
the Project described in Exhibit 1, and with an anticipated start date of the 2023-2024
school year, Grantee shall ensure that its School Board approval includes the offering of
at least six(6)culinary classes for at least five (5)years. This shall include offering these
culinary classes as electives in the Miami Beach Senior High School master schedule
and marketing the culinary program annually to students during student subject selection
(See Exhibit B to this Amendment, dated November 30, 2022).
D. Exhibit 1 (Project Description)of the Agreement is hereby amended as follows:
1. The following paragraphs are hereby deleted in their entireties:
a. The subsection entitled "Service Term for Participants" within the Section entitled
"PROGRAM DESCRIPTION":
selection.
b. The subsection entitled "Agreement" within the Section entitled "GRANT
ACTIVITIES":
Agreement Agreement between MDCPS and MB Chamber
MDCPS and Miami Education Foundation will execute
Beach Chamber a formal agreement to accept and
Education Foundation install the kitchen equipment
purchased by the BAR Chamber v'
funds from the Chamber and City
of Miami Beach
2. The Section entitled "GOALS/OUTCOMES" is hereby deleted in its entirety and
replaced with the following:
•
Outcome Measure Target Reporting Deadline
MDCPS& Chamber School Board Approval Completed Prior to CMB Donation
School Board Approval
MBSH Kitchen Retrofit Kitchen retrofit to Completed Prior to appliance
accommodate new purchase by Chamber
appliances
Chamber Appliance Purchase of required Purchased Submit PO to vendor to
Purchase kitchen appliances at receive funds from City of
MBSH Miami Beach
3
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect. In the event there is a conflict between the provisions
of this Amendment and the Agreement,the provisions of this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
•
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed by
their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
DocuSigned by: .DS
arotinAk
By. a grt.BMg ado, City Clerk . Hudak, C ty Hager
1/31/2023 I 11:39 AM EST
Date
FOR GRANTEE: MIAMI BEACH CHAMBER EDUCATION
FOUNDATION, INC.
ATTEST:
DocuSigned by: DocuSigned by:
ByF6A1d. r BDE5BE2BCCD849A... AFFE1B07C8F140D...
Enid Rodriguez vp&coo Jerry Libbin president and CEO
Print Name and Title Print Name and Title
1/24/2023 I 4:58 PM EST
Date:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'l II31z3
5 City Attorney Date
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD278733
Exhibit A
BOARD ITEM FOR GRANT AWARD
Chief Financial Officer
Grants Administration (Financial Services)
Board Meeting: October 19,2022 Item#: E-201 1.m. Originator: Gilberto Bonce
Directions:Complete this document with clear and concise information that is drawn from the Request for Proposal,
Grant Application, and/or Grant Award Notification. In addition, provide historical or contextual information that
_provides program background.
Title of Grant Funding Amount Grant Period Type Purpose
Source (Entitlement,
Allocation,or
Competitive)
Miami Beach Miami Beach Equipment Equipment to Donation To provide kitchen
Senior High Chamber valued at become equipment to support
School- Education $300,000 permanent the culinary program
Culinary Foundation school property at Miami Beach
Program Senior High School.
1. Historical information(number of years of implementation; key successful components).
The Miami Beach Chamber of Commerce's Education Fund has been raising funds and making financial and in-
kind donations to educational centers throughout the Miami Beach community. To date,the Miami Beach
Chamber Education Fund has raised and donated in excess of$2,000,000 for schools and educational programs
in Miami Beach.
The Education Fund has currently raised$105,000 and is in the process of raising an additional$95,000 for a total
of$200,000 by June 2023 for the purchase of industrial kitchen equipment for the Miami Beach Senior High
ProStart Culinary Arts Program. Additionally,the City of Miami Beach has committed a$100,000 matching
contribution to the Education Fund for this purpose. In total,a$300,000 donation in the form of
industrial/commercial grade culinary equipment will be donated to the Miami Beach Senior High ProStart Culinary
Arts Program.
The current state of the culinary classroom at Miami Beach Senior is not conducive to preparing students for
careers within the restaurant industry. Most of the equipment is not commercial grade nor meeting current
industry standards. Equipment in the classroom is equivalent to that of a typical home kitchen. As such,the
culinary arts program is not fulfilling students'needs in preparation for industry certification and the local restaurant
industry has expressed the concern at recent chamber meetings.
2. If schools are included in the grant, provide the criteria for the selection of schools. State whether
the criteria was identified by the funder or the applicant.
NAME OF SCHOOL REGION VOTING DISTRICT
Miami Beach Senior High School North District 3—Lucia Baez Geller
3. What are the instructional implications and impact of this grant? If the program/initiative has been
evaluated, provide evaluation date and synopsis.If not,has an evaluation been requested?
The current culinary arts lab at Miami Beach Senior is greatly outdated with kitchen equipment commonly found in
homes. Miami Beach Senior is located in the epicenter of the culinary capital of South Florida and the industry is
in dire need of individuals able to run commercial kitchens and restaurants. As such,the need for industry
certified individuals is in high demand and with the school preparing students with the industry standard
certification, ProStart, students will be prepared to enter the restaurant business at higher levels of restaurant and
kitchen management. Providing the school with industrial equipment utilized within the field will better prepare
students, if they complete the two-year ProStart program,for employment in the field.
Page 1 of 3
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
BOARD ITEM FOR GRANT AWARD
Chief Financial Officer
Grants Administration (Financial Services)
Board Meeting: October 19,2022 Item#: E-201 1.m. Originator: Gilberto Bonce
Directions:Complete this document with clear and concise information that is drawn from the Request for Proposal,
Grant Application, and/or Grant Award Notification. In addition, provide historical or contextual information that
provides program background.
The school will provide students with the opportunity to select enrollment into the ProStart program in 11th and 12th
grades and will offer introductory culinary arts program to students beginning in 9111 grade and is committed to offer
culinary arts courses,taught by a certified culinary arts teacher,for six periods yearly. Enrollment of students into
the culinary courses will be based solely on the basis of student choice.
The district is currently in the final design phase of the renovations to the current culinary arts program and has a
budget in excess of$900,000 for the project. Demolition and construction is slated to begin in December 2022.
The inclusion of the culinary equipment donation will bring the total cost of lab to approximately$1,200,000 and
ready for student at the start of the 2023-2024 school year.
4. Impact on District
• Operations: The impact on District Operations is limited to the conclusion of the renovations to the culinary
arts lab.
• Financial: The financial impact is a savings of approximately$300,000 the district will be saving on the
total renovation to culinary arts lab as a result of the donated equipment.
• Budget: Savings of$300,000 in equipment
Miami Beach Senior Hi•h School -Culina Pro ram
of Total Grant
Category Amount Amount FTE Description
Personnel 0
Fringe Benefits 0
Subtotal Personnel&Fringes 0
Professional/Technical 0
Subtotal Prof/Tech 0
Industrial kitchen equipment(Modular Ice Machine,various
Stainless Steel Worktables,Compartment Sinks,Dish Tables,
Furniture,Fixtures and g300,000 100% Dishwasher,Hand Sinks,Ovens,Convection Ovens,
Equipment Refrigerators,Freezers,Ranges,Fryer,Charbroiler,Griddle,
Serving Counters,Food Processors,Blenders,Mixers,
Microwave Ovens)
Travel 0
Subtotal Travel $300,000
Other
Subtotal Other 0
Indirect Cost
Total $300,000
Page 2 of 3
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
BOARD ITEM FOR GRANT AWARD
Chief Financial Officer
Grants Administration (Financial Services)
Board Meeting: October 19,2022 Item#: E-201 1.m. Originator: Gilberto Bonce
Directions:Complete this document with clear and concise information that is drawn from the Request for Proposal,
Grant Application, and/or Grant Award Notification. In addition, provide historical or contextual information that
provides program background.
• Contracts:
Is the vendor a non-profit? Minority/Women Business Enterprise (MIWBE) certified?
Small/Microbusiness Business Enterprise certified?
The Miami Beach Chamber Education Fund will be purchasing the equipment and donating it to the school.
How was the vendor selected? Is the requirement for requesting competitive solicitation from three
or more sources waived pursuant to Board Policy 6320, Purchase Approval and Competitive Bidding
Process Requirements, F.2?
The chosen vendor of the equipment being purchased by the Chamber Education Fund is Edward Don &
Company. They were chosen because of the company's reputation and commitment to quality provided to
the restaurant industry across the United States and locally in Miami Beach. Additionally, the vendor is
providing the equipment at their cost without profiting from the purchase.
Describe the procurement process for this vendor.
e Staffing: N/A
e Future Work: N/A
5. Is item a recurring item? No
6. Controversial issues of importance to the Board. None known
7. Is the grant a follow-up of a previous Board Member item or was it requested by a Board Member?
Who? Lucia Baez-Geller
8. Staff member who will be present at Committee and Board meeting to answer questions.
Name: Dr. Gilberto Bonce
Title: Administrative Director
Office: North Region Office
Telephone Number: 305-953-6066(office)786-236-6792(cell)
Page 3 of 3
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
Exhibit B
From:Jerry Libbin <lerry@miamibeachchamber_com>
Sent:Wednesday,November 30,2022 1.15:44 PM
To:Rosenfeld, Leslie<LeslieRosenfeld@miamibeachfl.gov>
Subject:FW:Miami Beach Culinary Arts Program
Hello Lesl.e.
•;JSC received Chi= from _ .L,C'lc•c Please'_hare vv tl' v.,•lci evc'reeds to Pave this
ccmr`lrsic"i: se t'lat'.vc•::a'1 'cceive i:ie-Lhciirl'_. Ki Telly acNisc me that you have
re'ce,ve tl's C'112. I and Mat all IS now good NCr my ccivcrsa:Ic ,esters ay .sit-i Rafael
Paz.
•
f cl7 r I.111i7jir
President& CEO
Miami Beach Chamber of Commerce
From:Bonce,Gilberto D.<gbonce@dadeschools.net>
Sent:Wednesday, November 30,2022 4:11 PM
To:Jerry Libbin<jerry@miamibeachchamber.com>
Cc:Baez-Geller,Lucia <LuciaBaezGeller@dadeschools.net>
Subject: Miami Beach Culinary Arts Program
Mr.Libbin,
It is the intention of Miami Dade County Public Schools and Miami Beach Senior High
School to offer the ProStart Program for Culinary Arts for a minimum of 5 years.
Students will be able to select the Culinary Arts program yearly as part of the school's
subject selection process. [he district will be investing approximately$1 million for the
renovations to the culinary classroom and is fully vested in the flourishing of the
program at Miami Beach Senior High School.
Respectfully.
Gilbert
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6FOE-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CABA19
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2021-22 GRANT AGREEMENT
PROJECT No.:20-CMB-
7/21/2022 1 8:51 PM EDT
This GRANT AGREEMENT is made and entered into this day of
20 by and between the City of Miami Beach, Florida (hereinafter the "City"), Miami Beach
Chamber Education Foundation, a Florida not-for-profit corporation(hereinafter the"Grantee").This
Agreement is effective July 21, 2022 , the'Effective Date."
ARTICLE I/GRANT DESCRIPTION
GRANTEE: Miami Beach Chamber Education Foundation
GRANTEE CONTRACT ADMINISTRATOR: Jerry Libbin
ADDRESS: 1920 MERIDIAN AVENUE,3`d FLOOR
CITY.STATE,ZIP: MIAMI BEACH, FL 33139
PHONE, FAX, E-MAIL: 305-674-1300
GRANT AMOUNT: $100,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: June 1,2022—September 30, 2023
EXPENDITURE DEADLINE: September 30,2023
PROJECT COMPLETION DATE: September 30, 2023
FINAL REPORT DEADLINE: October 15, 2023
FINAL REIMBURSEMENT
REQUEST DEADLINE: October 15, 2023
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
,—DocuSlgned by: a os os
By: iAr,�, aIAAJA
`2afEMPOBOF `ado, City Clerk Alina T.Hudak, City Manager
7/21/2022 I 8:51 PM EDT
Date
FOR GRANTEE: Miami Beach Chamber Education Foundation
Federal Id No.
31-1735967
ATTEST:
"—DocuSigned by: ,—DocuStgned by:
By: flAi), I` I*. ,,twEEyt1 ,i�bb�itaru
t—e0ESBE2BCC0669A.. IIUIIgggQL rdFJIbnature
Enid Rodriguez vP&Coo Jerry Libbin President and CEO
Print Name and Title Print Name and Title
7/19/2022 I 11:00 AM EDT
Date •
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
kszz. 0111(22.,
City Attorney Gam' Date
Page 2
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD276733
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E866CABA19
ARTICLE II!GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City Manager's authorized designee
(the"Contract Administrator").
2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1 (the "Project"). Any
modification to Exhibit 1 ("Project Description"), shall not be effective unless approved by a written
amendment to this Agreement signed by the City and Grantee.Grantee agrees that all funding provided
by the City pursuant to this Agreement will be used exclusively for goods or services to be provided
within the City of Miami Beach.
3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount
payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant
Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be
reduced, the amount payable under this Agreement will be reduced at the sole option of the City of
Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as
specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2
("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee. Any
request by Grantee to modify the Project Budget shall be made in writing, using City approved forms,
detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to
the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement.
4. REPORTS:This Grant has been awarded with the understanding that the activities and services
contemplated under the Project Description will mutually contribute to the enhancement of services
available to City residents, businesses, and visitors, As a condition of disbursements of grant funds,
and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit
quarterly reports to the Contract Administrator by the following dates:January 15"',April 15t, July 15th,
and the final report by October 15t.
New Grant awards will not be released to the Grantee until all Final Reports for previously awarded
grants are received. The City may withhold any future payments of the Grant, or the award of any
subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such
reports do not meet the City's reporting requirements. Any reports may be disseminated by the City
without the prior written consent of the Grantee. All quarterly reports must be submitted on the Grant
Quarterly Status Report Form, attached hereto as Exhibit 3, detailing Grantee's compliance at the time
of a partial reimbursement request.
Page 3
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CABA19
5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any
time during the Grant Term. All reimbursement requests must be made after expenditures have
occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement
Request Form, attached hereto as Exhibit 4. All reimbursement requests must be submitted prior to
October 15t",2020.Grantee shall provide the City with copies of all receipts,invoices,cancelled checks
(with copies of both front of back)and proof of expenditures of Grant monies.Grantee shall provide the
City with and shall categorize all receipts, invoices, cancelled checks, and other documentation,
according to the categories set forth in the grant budget. Invoices and checks must be directly related
to expenses for Grant-funded activities taking place within the 2019-2020 Fiscal Year.
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE:The total amount of the Grant is set forth
in Article I, 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 remitted to
the Grantee once the Mayor and City Commission have approved the grant award, once all parties
have executed this Agreement, and once Grantee has an executed agreement with the Miami-Dade
County Public School Board("School Board").
7. GRANT RESTRICTIONS AND OBLIGATIONS: Grant funds awarded pursuant to this
Agreement may not be used for the following expenditures:remuneration of City employees for services
rendered as part of a project funded by this Grant; debt reduction; social and/or fundraising events;
cash prizes;lobbying or propaganda materials;charitable contributions;or events not open to the public.
Upon completion of the project described in Exhibit 1, and with an anticipated start date of the 2023-
2024 school year,Grantee shall ensure that its agreement with School Board includes the offering of at
least six(6)culinary classes for at least five(5)years.This shall include offering these culinary classes
as electives in the Miami Beach Senior High School master schedule and marketing the culinary
program annually to students during student subject selection.
8. NO GUARANTEE OF FUNDING:The Grantee acknowledges that the receipt of this Grant does
not imply a commitment on behalf of the City to continue or provide funding beyond the terms specified
in this Agreement.
9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
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 Grantee's offices and/or the site of any project
funded by this Grant, 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 documentation
or written reports, prior to the Project completion date, evidencing Grantee's progress on the Project.
10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant to
this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade
Page 4
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733,
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
County.The Grantee shall provide the City with the name of the bank or savings and loan association,
as well as the name and title of all individuals authorized to withdraw or write checks on Grant funds.
11. ACCOUNTING AND FINANCIAL REVIEW: Funded activities by this Grant must take place
during the City's fiscal year for which the Grant is approved (October 1 —September 30). 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 three (3) years after the Expenditure Deadline specified in in this
Agreement.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.
Grantee costs or earnings claimed under this Agreement may not also be claimed under
any other Agreement from the City of Miami Beach or from any other entity.Any claim for double
payment by Grantee shall be a material breach of this Agreement.
12. 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.
Page 5
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
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.
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.
Page 6
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD2713733
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
13. PUBLICITY AND CREDITS:The Grantee must include the City logo and the following credit
line in all publications related to this Grant: "This Project is funded in whole or in part by a grant
from the City of Miami Beach." Grantee's failure to comply with this paragraph may preclude future
grant funding from the City, in the same manner as if Grantee defaulted under this Agreement.
14. LIABILITY AND INDEMNIFICATION:Grantee shall indemnify and hold harmless the City and
its officers, employees, agents, and contractors, from and against any and all actions(whether at law
or in equity), claims, liabilities, losses, expenses, or damages, including, without limitation, attorneys'
fees and costs of defense,for personal,economic,or bodily injury,wrongful death,or loss of or damage
to property, which the City or its officers, employees,agents and contractors may incur as a result of
claims,demands,suits, causes of action or proceedings of any kind or nature arising out of,relating to,
or resulting from the performance of this Agreement by the Grantee or its officers, employees, agents,
servants, partners, principals or contractors. Grantee shall pay all claims and losses in connection
therewith and shall investigate 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 defend the City or its officers, employees, agents, and
contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and within the
limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute, whereby the
Grantee entity shall not be held liable to pay a personal injury or property damage claim or judgment by
any one person which exceeds the sum of $200,000, or any claim or judgment or portions thereof,
which,when totaled with all other claims or judgments paid by the government entity arising out of the
same incident or occurrence, exceed the sum of$300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of
the Grantee entity.
15. 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 this Agreement.
16. 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 City Code, as amended,which is
incorporated herein by reference as if fully set forth herein.
17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply with
any of the provisions of this Agreement,the City Manager or the City Manager's designee may terminate
this Agreement and withhold or cancel all or any unpaid installments of the Grant upon giving five (5)
Page 7
I DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
calendar days written notice to the Grantee,and the City shall have no further obligation to the Grantee
under this Agreement. Further,in the event of termination,the Grantee shall be required to immediately
repay to the City all portions of the Grant which have been received 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 this Agreement must be returned to the
City within fifteen(15)days after the Expenditure Deadline. If such funds have been committed but not
expended, the Grantee must request in writing from the City Manager an extension of the Expenditure
Deadline which, if approved, shall be for a period not to exceed one(1)year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon
demand by delivering to the City Manager a certified check for the total amount due,payable to the City
of Miami Beach, Florida.
These provisions shall not waive or preclude the City from pursuing any other remedies that
may be available to it under the law.
Notwithstanding the provisions of this Section,and without regard to whether City has exercised
the Default provisions thereof, the City reserves the right, at its sole and absolute discretion, to
discontinue funding of the Grant if it is not satisfied with the progress of the Project or the content of any
required written report. In the event of discontinuation of the Grant or at the close of the Project, any
unexpended Grant Funds shall be immediately returned to the City,except where the City Manager has
agreed in writing to alternative use of the unused/unexpended Grant Funds.
18. INSURANCE REQUIREMENTS:
A. Verification of Coverage
Grantee shall provide the required insurance certificates, endorsements or applicable policy
language effecting coverage required by this Section, as follows. 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 Grantee'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.
i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and
Employer's Liability Insurance with limits of no less than $1,000,000 per accident for
bodily injury or disease.
Page 8
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
ii. Commercial General Liability on a comprehensive basis, including products and
completed operations, contractual liability, property damage, bodily injury and personal
&advertising injury combined single limit of$1,000,000 per occurrence for bodily injury
and property damage.City of Miami Beach must be shown as an additional insured with
respect to this coverage.
iii. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than$500,000 combined single limit
per occurrence for bodily injury and property damage.
B. 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 the Grantee.
C. Waiver of Subrogation
Grantee hereby grants to City of Miami Beach a waiver of any right to subrogation which any
insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of
any loss under such insurance. 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 City of Miami Beach has received a waiver of subrogation endorsement from the
insurer.
D. 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.
E. Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements,including limits,based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder
Certificate holder must read:
CITY OF MIAMI BEACH
c/o HR Department/Risk Management Division
1700 Convention Center Drive
Miami Beach, FL 33139
F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and
obligation under this section or under any other section of this Agreement.
Rage 9
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733.
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
19. 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:
i. Keep and maintain public records required by the City to perform the service;
ii. 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;
iii. 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;
iv. 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
I. 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
Page 10
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
records to the City or allow the records to be inspected or copied within a reasonable time.
ii. 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.
iii. 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
i. 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.
ii. A notice complies with subparagraph(i)(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.
iii. 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.
F. 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
Page 11
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E866CA8A19
PHONE: 305-673-7411
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.
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.
ii. 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.
iii. A contract terminated under the foregoing Subparagraphs(B)(i)or(B)(ii)is not in breach
of contract and may not be considered as such.
iv. 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)(i) or(B)(ii) no later
than 20 calendar days after the date on which the contract was terminated.
v. If the City terminates the Agreement with Grantee under the foregoing Subparagraph
(B)(i), Grantee may not be awarded a public contract for at least 1 year after the date of
termination of this Agreement.
vi. Grantee is liable for any additional costs incurred by the City as a result of the termination
of this Agreement under this Section 20.
21. 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 agency is a non-profit;2)the agency has an annual operating budget of less than
$5 million; and, 3) the grant award is for$25,000 or more in City funds. The Board Training must be
completed within the last two years prior to the receipt of City funds.
22. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the City Grant Administrator, as identified in Section
23. Any notices required under this Agreement will be effective when delivered to the Grantee in writing
and addressed to the Grantee Contract Administrator.
Page 12
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D506D27B733
DocuSign Envelope ID:9E382E77-715A-4095-A59C-19E868CA8A19
23.CITY CONTRACT ADMINISTRATOR:All contract related questions, reports and requests for
reimbursements to be submitted to the City Contract Administrator listed below:
Dr. Leslie Rosenfeld
Chief Learning Development Officer
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
leslierosenfeld@miamibeachfl.gov
ARTICLE Ili/MISCELLANEOUS PROVISIONS
24. 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.
25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following
Special Conditions:
A. 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_j prohibiting discrimination on the basis of race, color, national origin,
handicap, or sex.
B. The Grantee hereby agrees that it will comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code,as may be amended from time to time,
prohibiting discrimination in employment, housing and public accommodations on account
of actual or perceived race,color,national origin, religion,sex,intersexuality,gender identity,
sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, or political
affiliation.
C. The City endorses, and Grantee shall comply with, 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.
Page 13
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D5OBD27B733
DocuSlgn Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
D. 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.
27. NO WAIVER: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by either party at any time shall in any way affect, limit,
modify or waive either party's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
28. 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.
29. CONTRACT REPRESENTS TOTAL AGREEMENT: This contract, 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, on behalf of the City, shall be authorized to execute
amendments to this Agreement; however, any changes to the Grant Amount shall require approval by
the Mayor and City Commission.
30. BACKGROUND SCREENING REQUIREMENT: In accordance with Sections 943.0542,
984.01, 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as
applicable,employees,volunteers,contractors,and subcontracted personnel who work in direct contact
with children or who come into direct contact with children must complete a satisfactory Level 2
. background screening prior to commencing work pursuant to this Agreement.
Level 2 Background screenings must be completed through the City of Miami Beach,Human
Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating
any work related to this Agreement, unless the City's Contract Administrator approves an alternative
process.
Page 14
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
• DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
The Miami Beach Chamber Education Foundation will purchase the required equipment for the ProStart
Kitchen and hospitality program at Miami Beach Senior High School. ProStart is a nationwide, two-
year high school culinary arts and restaurants management program that reaches approximately
130,000 students in more than 1,700 high schools across 50 states, Guam and the District of Columbia.
From culinary techniques to management skills, ProStart's industry driven curriculum provides real-like
experience opportunities and builds practical skills and a foundation that will last a lifetime. Students
who have completed the requirements of the Prostart program are awarded an industry-recognized
certificate, the ProStart National Certificate of Achievement. Students who receive the certificate are
eligible for NRAEF scholarship opportunities and course credits at some of the country's leading
hospitality and culinary arts colleges and universities.
PROGRAM DESCRIPTION
Grant funds will be used to provide required kitchen equipment for the classroom at Miami Beach Sr.
High School.
Beneficiaries/Participants: Miami Beach Sr. High School kitchen classroom
Services: Kitchen appliances and equipment
Service Term for Participants: Miami Beach Senior High School must ensure there are at least six (6)
culinary classes available each school year following the completion of the retrofit and new equipment
installation for no less than five (5)years including inclusion of the classes as elective offerings in the
Miami Beach Senior High School master schedule and marketing of the program annually to students
during subject selection.
Reimbursement Fee: City of Miami Beach will provide matching funds in an amount of $100,000 to
support the cost of implementing a ProStart hospitality training program for the purchase of kitchen
appliances.
LOCATION
Miami Beach Senior High Schools
2231 Prairie Avenue
Miami Beach, Florida 33140
GRANT ACTIVITIES
Activity Name Activity Description Description of Service Recipients No. Service
1 Recipients
•
Matching Grant Provide Matching Grant { $100,000 matching grant to the ; 1
Miami Beach Chamber Education
Page 15
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
' DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
Foundation
Agreement : Agreement between MDCPS and MB Chamber 1
MDCPS and Miami Education Foundation will execute
Beach Chamber a formal agreement to accept and j I
Education Foundation install the kitchen equipment
purchased by the MB Chamber via
funds from the Chamber and City ,
of Miami Beach
MDCPS I Retrofit existing kitchen MDCPS will retrofit the existing 1
student kitchen classroom at Miami
Beach Sr- High School at a cost of
! ; approximately $750,000 per
MDCPS to accommodate the new
kitchen equipment purchased by
the chamber
GOALS/OUTCOMES
Outcome I Measure Target 4 Reporting Deadline 1
MDCPS&Chamber Fully Executed Completed f Prior to CMB Donation
Executed Agreement Agreement
MBSH Kitchen Retrofit Kitchen retrofit to Completed Prior to appliance
accommodate new I purchase by Chamber
appliances
Chamber Appliance Purchase of required I Purchased Submit PO to vendor to
Purchase kitchen appliances at receive funds from City of
MBSH Miami Beach
STAFFING
[Position Title Description/Responsibilities to Grant Program ' Budget Description
LI i N/A
_ -
Page 16
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
EXHIBIT 2
PROJECT BUDGET
Budget Line Item Description _Project Budget
Staff Salary and Wages:
(Position)
Fringe Benefits: Fica/Mica&
Health Insurance
Consulting Services
Medication Co-Payments
Professional Services
Marketing/Publicity/Advertising
Outside Services
Trainings/Workshops
Materials/Supplies $100,000
Kitchen Appliances for Miami Beach
Senior High School
Printing & Copying
Posta e&Delivery
E ui ment Rental/Purchase
Utilities: Telephone, Internet, .
Cable -- — —Lease/Rent _
Re airs/Maintenance
Insurance
Transportation &Admission
Waste/Garbage Collection
Child Care Subsidy I 1
Page 17
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50B027B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
EXHIBIT 3
CITY OF MIAMI BEACH
GRANT QUARTERLY STATUS REPORT FORM
FCMB GRANT AGREEMENT No.:
I GRANTEE NAME: Miami Beach Chamber Education Foundation
GRANTEE ADDRESS: •
1920 MERIDIAN AVE..
MIAMI BEACH,FL 33139
GRANTEE CONTRACT ADMINISTRATOR: I Jerry Libbin
GRANTEE CONTRACT ADMINISTRATOR'S jerry(zomiamibeachchamber.com
E-MAIL ADDRESS:
REPORT PERIOD:
❑ Oct. 1 -Dec. 31 0 Jan. 1 —Mar.31 0 Apr. 1 —Jun. 30 ❑ Jul. 1 -Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
1
PROBLEM ENCOUNTERED:
OTHER NOTABLE ITEMS:
Grantee
Report Prepared By:
•
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
Page 18
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
DocuSign Envelope ID:9E382E77-715A-4095-A69C-19E868CA8A19
• EXHIBIT 4
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
Part 1 of 2
CMB AGREEMENT No.:
GRANTEE NAME: — — — —
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S T —
E-MAIL ADDRESS:
REQUEST No.
Amount of Assistance:
Less Previous Total Disbursements:
Balance Available:
Funds Requested This
Disbursement:
Certification of Payment: I certify that the above expenses were necessary and reasonable for
the completion of the Project and in accordance with this Agreement. I further warrant and
represent that these expenses have not been, and will not be, covered by any other third party
funding source, including under any other separate agreement between the City and Grantee.
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
Page 19
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D508D27B733
•
RESOLUTION NO. 2022-32155
•
A RESOLUTION OF THE MAYOR AND CITY COMMISSION,
ACCEPTING • THE RECOMMENDATION OF THE FINANCE AND
ECONOMIC RESILIENCY COMMITTEE, TO PROVIDE A ONE-TIME
MATCHING FUND IN THE, AMOUNT OF $100,000 ("CITY'S
CONTRIBUTION"), FOR EQUIPMENT FOR THE PROSTART KITCHEN
AT MIAMI BEACH SENIOR HIGH SCHOOL, TO BE MATCHED BY A
CONTRIBUTION FROM THE MIAMI BEACH CHAMBER OF
COMMERCE ("CHAMBER") IN AN AMOUNT OF AT LEAST $100,000,
AND AN IN-KIND CONTRIBUTION TO RETROFIT THE EXISTING ROOM •
FROM THE MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD •
("SCHOOL BOARD"), IN AN ESTIMATED AMOUNT OF AT LEAST
$750,000; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY REQUIRED DOCUMENTS OR AGREEMENTS
RELATED TO THIS RESOLUTION.
WHEREAS,the Education Compact reflects the desire of the Miami Beach community to
support.excellence in education in the City's public schools and is an investment in the overall
enhancement of education for the City's residents;and
WHEREAS, at the February 9, 2022 City Commission meeting, the Mayor and City
Commission referred discussion item C4F to the Finance and Economic Resiliency Committee
(the "Committee")to discuss providing a one-time matching contribution of$100,000 in funding
towards the cost of implementing a ProStart hospitality training program and kitchen at Miami
Beach Senior High School; and •
WHEREAS, ProStart is a nationwide, two-year high school culinary arts and restaurants
management program that reaches approximately 130,000 students in more than 1,700 high
schools across 50 states, Guam and the District of Columbia. From culinary techniques to
management skills, ProStart's industry-driven curriculum provides real-life experience
opportunities and builds practical skills and a foundation that will last a lifetime. Students who
have completed the requirements of the Prostart program are awarded an industry-recognized .
certificate,the Prostart National Certificate of Achievement. Students who receive the certificate
are eligible for NRAEF scholarship opportunities and course credits at some of the country's
leading hospitality and culinary arts colleges and universities;and
WHEREAS, Per the Miami Beach Chamber of Commerce,at least$100,000 will be raised
to support this partnership. Miami-Dade County Public Schools has indicated an in-kind
contribution of at least $750,000 to retrofit the existing student kitchen at Miami Beach Senior
High School to accommodate the new equipment; and _
WHEREAS, As part of the City's contribution, Miami-Dade County Public Schools will
ensure there are at least six(6)culinary classes available each year following completion of the
retrofit and new equipment installation for no less than five (5) years including inclusion of the
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733 •
classes as elective offerings in the Miami Beach Senior High School. master schedule and
• • marketing of the program annually to students during student subject selection; and' •
WHEREAS, at the April 29,2022 Finance and Economic Resiliency Committee meeting,
the Committee recommended that the City allocate matching funds in'the amount of$100,000 to .
.support the cost of implementing a ProStart hospitality training program.
•
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY:
. • COMMISSION OF •THE CITY OF MIAMI BEACH, FLORIDA,• that the :Mayor and City •
••Coinmission..hereby accept the recommendation of the Finance and Economic Resiliency ..
• Committee to provide a one-time matching fund in the amount of$100,000("City's Contribution"),
. • for-equipment for the ProStart Kitchen at Miami Beach Senior High School, to be matched by a
contribution from the Miami Beach Chamber of Commerce("Chamber") in an amount of at'least •
. ' :. $100;000, and an in-kind.contribution to'retrofit the existing room from the Miami-Dade County'
Public School.Board ("School Board"), in an estimated amount of at least$750,000; and further
authorize the City Manager to execute any required documents or agreements related:to this
• • . resolution.' '
PASSED AND ADOPTED this -day ofq . 2022. •
•
•-ATTEST: _
. , , •V '
z . . ... . .. •• MAY 2 6 2022 d‘. ..:2_2.,,,..., .
- - -RAFAEL E GRANADO, CITY CLERK DAN GELBER, MAYOR •
. s�`�;c ... ..eye
SINEORP ORAtED
APPROVED AS TO . •
% ;;
• FORM&.LANGUAGE 4'" Rcy 2 .-=
&FOR EXECUTION .
•
City Attorney 0X-- 'Date •
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
Resolutions-C7 Z
MIAMI BEACH •
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T.Hudak,City Manager
DATE: May 4,2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE,TO
PROVIDE A ONE-TIME MATCHING FUND IN THE AMOUNT OF$100,000("CITY'S CONTRIBUTION"),FOR
EQUIPMENT FOR THE PROSTART KITCHEN AT MIAMI BEACH SENIOR HIGH SCHOOL,TO BE MATCHED
BYA CONTRIBUTION FROM THE MIAMI BEACH CHAMBER OF COMMERCE("CHAMBER")IN AN AMOUNT
OF AT LEAST$250,000,AND AN IN-KIND CONTRIBUTION TO RETROFIT THE EXISTING ROOM FROM THE
MIAMI-DADE COUNTY PUBLIC SCHOOL BOARD("SCHOOL BOARD"),IN AN ESTIMATED AMOUNT OF AT
LEAST $750,000; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED
DOCUMENTS OR AGREEMENTS RELATED TO THIS RESOLUTION.
RECOMMENDATION
Administration is seeking direction regarding matching funds in an amount of$100,000 for a ProStart hospitality training program and
kitchen at Miami Beach Senior High School.Currently,there is no funding for this partnership in the FY22 budget.
BACKGROUND/HISTORY
Mayor Dan Gelber requested at the February 9,2022 Commission meeting to place an item for discussion on the Finance and Economic
Resiliency Committee agenda to discuss providing a one-time contribution of$100,900 in matching funds towards the cost of implementing a
ProStart Hospitality Training Program and kitchen at Miami Beach Senior High. At the April 29,2022 Finance and Economic Resiliency
Committee meeting,members unanimously approved a partnership with the Miami Beach Chamber of Commerce and Miami-Dade County
Public Schools to provide a one-time matching fund contribution of$100,000 to support the purchase,installation,and maintenance of
needed equipment for the kitchen.
ProStart is a nationwide,two-year high school culinary arts and restaurants management program that reaches approximately 130,000
students in more than 1,700 high schools across 50 states, Guam and the District of Columbia. From culinary techniques to
management skills,ProStart's industry-driven curriculum provides real-tie experience opportunities and builds practical skills and a
foundation that will last a lifetime.Students who have completed the requirements of the ProStart program are awarded an industry-
recognized certificate,the ProStart National Certificate of Achievement.Students who receive the certificate are eligible for NRAEF
scholarship opportunities and course credits at some of the country's leading hospitality and culinary arts colleges and universities.
According to Chef Guy Fieri,this program helps students learn about food which can benefit them in both their career and their life as
a consumer.
ProStart Is a career and technical education program that unites the foodservice industry and the classroom to teach high school students •
culinary skills and restaurant management principles,as well as employability skills such as communication,teamwork,professionalism and
time management.
According to Jerry Libbin, President and CEO of the Miami Beach Chamber of Commerce,Miami-Dade County Public School
Administration has committed to fund all infrastructure Improvements in the selected classroom if the Miami Beach Chamber
Education Foundation and partners will fund the class equipment.The Miami Beach Chamber's Education Foundation has indicated
its commitment to raising the necessary funds to purchase first class equipment and all new supplies for the program.Jerry Libbin
indicated in a letter to Mayor Gelber that estimates a total of$500,000 needed for class equipment of which the Miami Beach
Chamber has verbal commitments for$335,000.
Jerry Libbin,on behalf of the Miami Beach Chamber,is requesting a one-time contribution of$100,000 from the City of Miami Beach
towards this culinary program which he believes will not only support the students for years to come,but will address an immediate
need in our hospitality industry to hire qualified employees for their restaurants and hotels.
ANALYSIS
Per the'Miami Beach Chamber of Commerce,at least$250,000 will be raised to support this partnership. Miami-Dade County
Public Schools has indicated an in-kind contribution of at least$750,000 to retrofit the existing student kitchen at Miami Beach Senior
High School to accommodate the new equipment.
As part of the City's contribution,Miami-Dade County Public Schools will ensure there are at least six(6)culinary classes available
each year following completion of the retrofit and new equipment installation for no less than five(5)years including inclusion of the
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733
•
classes as elective offerings in the Miami Beach Senior High School master schedule and mariceting of the program annually to
students during student subject selection.
SUPPORTING SURVEY DATA
•
FINANCIAL INFORMATION
FY22$100,000 Not in budget •
Amount(s)IAccount(s):
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.Q.
to Know"item.pursuant to pond Funds?
City Code Section 2-14?
No No
Strategic Connection
Prosperity-Be known for(K-12)educational excellence.
Legislative Tracking
Organizational Development Performance Initiatives •
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o MB Chamber Letter
o Resolution
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0D50BD27B733 •
•
•
•
Dear Mayor Gelber,
Thank you for taking the time to listen to us about our goal to implement a Pro
Start Program at Miami Beach Senior High for the upcoming school year. As I
mentioned to you, Dade County School Administration has already committee to
us that if we raise the funds,they will pay for all of the infrastructure
improvements in the classroom. Lucia Baez and Alberto Carvalho made that
commitment and the Chamber's Education Foundation is committed to raising
the necessary funds to purchase 15t class equipment,and all new supplies for the
program.,We estimate that we will need a total of$500,000 of which we already:
have commitments for$335,000.
I want you to know that in addition, Michael Cheng,from FIU is committed to
assisting Beach High with teachers that will visit the classroom and I believe that'
we will be able to create a working relationship with our students and perhaps
the Food and Wine Festival as well.
I have provided two links below for your review.The first(about a minute and a
half) is celebrity, Chef Guy Fieri,speaking about the importance of Pro Start and
the second is about a 3-minute video about the program with students talking
about the importance of Pro Start.
•
We are asking the City for a one-time contribution of$100,000 towards this
program which will not only support the students for years to come, but will
address an immediate need in our hospitality industry to hire qualified employees
for their restaurants and hotels.
Thank you for your support.
https://voutu.be/H b9QNBXw7c •
httos://voutu.be/DApZWvXPnmc
•
Jetty Libbin
. Presidenf&CEO
Miami Beach Chamber of Commerce
DocuSign Envelope ID:69AF9267-E8AC-444E-8771-AFDECB073A2E
DocuSign Envelope ID:9997DD29-6F0E-499B-989C-0050BD27B733
M I AM I BEACH Contract/Document Routing Form
Amendment 1 Grant Agreement Kitchen Prostart
Miami Beach Chamber Education Foundation EDUCATION&PERFORMANCE INITIATIVES
Docusigned by ai: ..:,. •. _ ,,„
DR.LESLIE ROSENFELD1 IV/ Kathie Brooks /,
�-194B24CA930744F.. '—CA51'6[33D346463...
Type(Select One}
Type 1-Contract,amendment,change order or task order resulting from a procurement-issued competitive solicitation.
X 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
Type 5-Grant agreements with the City as the grantor Other:Internal Grant
Amendment#1 to grant agreement dated September 20,2021.The purpose of this Grant Agreement is to provide a one-
time matching fund of$100,000 for equipment for the Prostart Kitchen at Miami Beach Senior High School.ProStart is a
nationwide,two year high school culinary arts and restaurants management program.Approved by Reso 2022-32155.
June 1,2022-September 30,2023
Infor
Grant Funded: x Yes I No I State Federal X Other: General Fund
os
1 $100,000 011-9322-000353 r‘' Yes No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
3. Budget approval indicates approval for current fiscal year only. Future years are subject to City Commission approval of
annual adopted operating budget.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date:
2022-32155 Item No. C4F Feb 9,2022
If no,explain why CC approval is not required:
Legal Form Approved: I X I Yes I I No f If no,explain below why form approval is not necessary:
Procurement:NA Grants:
Budget:Tameka Otto �o`ustgr eeoy. Information Technology:
Stewart takticlat Ma s{tWart
Risk Management:NA -92og4A610EE1463 Fleet&Facilities:
Human Resources:NA Other: