Resolution 2023-32593RESOLUTION NO.' 2023-32593
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY, OF
MIAMI BEACH, FLORIDA, APPROVING REVISIONS' -TO THE FORM OF
GRANT -AGREEMENT TO BE EXECUTED BY ORGANIZATIONS RECEIVING
GRANT AWARDS FUNDED FROM THE PROCEEDS OF THE
CONTEMPLATED GENERAL'OBLIGATION BOND FOR ARTS & CULTURE
ISSUANCE TO INCORPORATE A CONTINGENCY FOR CERTAIN GRANTS AS
WELL. AS OTHER REASONABLE CHANGES REQUESTED :BY GRANTEE
ORGANIZATIONS; AND FURTHER, AUTHORIZING THE CITY MANAGER TO
'FINALIZE A GRANT AGREEMENT' WITH EACH GRANTEE; ' WHICH
AGREEMENTS SHALL INCLUDE THE AMOUNT OF GRANT AWARD. AND
ADDITIONAL PUBLIC BENEFITS, PROVIDED BY EACH GRANTEE,, AS
APPROVED BY THE :CITY COMMISSION; AND FURTHER, AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL GRANT
AGREEMENT WITH, EACH OF THE. G.O. BOND GRANTEES.
WHEREAS,. at the July 20, 2022 Commission meeting, the Mayor and Commission .
approved Resolution No. 2022-32261, authorizing a special election, submitting to the:electorate
of the City of Miami Beach . the question asking, whether the . City shall be. authorized 'to issue
general obligation bonds, not exceeding $1.59,000,000, to improve facilities f..r:resilien. of arts
and cultural institutions throughout the. City (the ".G.O. Bonds for Arts & Culture"), including
museums, performance venues, artistic playgrounds, senior/cultural centers,. botanical garden,
aquatic sculpture park, and related artist/workforce housing; and
WHEREAS, some of the projects that will be. funded by the G.O. Bonds for Arts.& Culture
will require the City to enter into grant agreements with the recipient cultural institutions; and
WHEREAS, at the November 16, 2022 Commission meeting, the Mayor. and Commission .
approved Resolution No. 2022732405 directing the Administration and City Attorneys Office to
negotiate and secure public benefits for residents of the. City as part of the grant, agreements with
cultural'arts. organizations that will'receive G.O.: Bond for Arts &Culture funds; which could include
public access. -requirements, discounted tickets to residents. and. free performances -or .other .
activations.; and
WHEREAS, the e City Attorney's office, :working. with City staff that will. be involved in the
deployment of the. G.O. Bond for -Arts & Culture, prepared a form of grant agreement 'to- be
executed by the cultural arts institutions that will receive grants.funded. by the G.O...Bbnd for Arts
& Culture that was approved by bond counsel and tax counsel and, subsequently, by. the City .
Commission at its March 2.7, 2023 meeting pursuant to.Resolution No. 2023=32523.(the "Original
Grant Agreement Template"); and
WHEREAS, certain projects that were originally budgeted as though they would 'be..
managed by the City are instead going to be managed by grantees, the Finance and Economic
Resiliency -Committee recommended � (1) that amounts previously budgeted for project -
management by the City be included in the grant awards for the New World Symphony, the
Holocaust Memorial and :the Miami Beach Hispanic Community Center and (2).that'the owner's
contingency initially budgeted for use by the City be made available to the grantee: organizations
for the approved scope of projects, subject to; the City Manager's prior- approval; and
WHEREAS, certain grantee organizations provided comments., to the .Original Grant
Agreement -Template; and
WHEREAS; the Original Grant Agreement Template- has. been revised "to incorporate
:revisions. necessary to address the FERC's recommendations as well -as a majority,. of the
comments:submitted by grantee organizations that provided comments., resulting in a new:_grant
agreement template (the "Revised GrantAgreement. Template") that is attached as Exhibit A to
this Resolution; and
WHEREAS, the Administration recommends that the Mayor and City: Commission
approve the Revised Grant Agreement Template and authorize the City Manager to finalize and
execute agreements in the form of the Original Grant Agreement Template.with grant recipients.
NOW, THEREFORE, :.BE IT DULY.. RESOLVED BY THE MAYOR .AND :CITY
COMMISSION OF THE CITY OF' MIAMI BEACH, FLORIDA, that the. Mayor_ and City
Commission of the:City of Miami Beach, Florida approve revisions to.the form of grant agreement
to ' be: executed by organizations receiving grant awards funded from the proceeds of. the:
:.contemplated General Obligation Bond.for Arts & Culture issuance "to incorporate a. contingency
for certain grants .as well as other reasonable changes requested. by grantee organizations; and
further; authorizing the City Manager to finalize a grant agreement. with :each grantee, which
agreements shall include the amount of grant award and additional public benefits .provided by
each grantee, as approved by the city commission; and further; authorizing thdCity-Maridgb.t and
City Clerk to execute the final grant agreement with each of the G.O. Bond grantees. .
PASSED and ADOPTED this o�4 day of Ap�i , 2023.
Dan Gelber, Mayor
ATTEST: MAY Q 2 202
Rafael E. Granado, City Clerk.
Agenda Item 97L
Date 4-29.23
/01AMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Dan Gelber and Megibers of the City Commission
FROM: Alina T. Hudak, City Mana*(
DATE: April 28, 2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING REVISIONS TO THE FORM
OF GRANT AGREEMENT TO BE EXECUTED BY ORGANIZATIONS
RECEIVING GRANT AWARDS FUNDED FROM THE PROCEEDS OF THE
CONTEMPLATED GENERAL OBLIGATION BOND FOR ARTS &
CULTURE ISSUANCE TO INCORPORATE A CONTINGENCY FOR
CERTAIN GRANTS AS WELL AS OTHER REASONABLE CHANGES
REQUESTED BY GRANTEE ORGANIZATIONS; AND FURTHER,
AUTHORIZING THE CITY MANAGER TO FINALIZE A GRANT
AGREEMENT WITH EACH GRANTEE, WHICH AGREEMENTS SHALL
INCLUDE THE AMOUNT OF GRANT AWARD AND ADDITIONAL PUBLIC
BENEFITS PROVIDED BY EACH GRANTEE, AS APPROVED BY THE
CITY COMMISSION; AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FINAL GRANT
AGREEMENT WITH EACH OF THE G.O. BOND GRANTEES.
BACKGROUND
At the July 20, 2022 Commission meeting, the Mayor and Commission approved Resolution No.
2022-32261, authorizing a special election, submitting to the electorate of the City of Miami Beach
the question asking whether the City shall be authorized to issue general obligation bonds, not
exceeding $159,000,000, to improve facilities for resiliency of arts and cultural institutions
throughout the City (the "G.O. Bonds for Arts & Culture"), including museums, performance
venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture park,
and related artist/workforce housing. On November 8, 2022, the voters of the City of Miami Beach
approved the issuance of $159 million in Arts and Culture Bonds as follows:
For Bonds 15,142 64.80%
Against Bonds 8,226 35.20%
Some of the projects that will be funded by the G.O. Bonds for Arts & Culture will require the City
to enter into grant agreements with the recipient cultural institutions, and at the November 16,
2022 Commission meeting, the Mayor and Commission approved Resolution No. 2022-32405
directing the Administration and City Attorney's Office to negotiate and secure public benefits for
residents of the City as part of the grant agreements. By way of example, the public benefits to
be secured by the City in the grant agreements could include public access requirements,
discounted tickets to residents and free performances or other activations. The additional public
Page 1 of 3
benefits proffered by each grantee will be considered by the Commission at its April 28, 2023
meeting.
The City Attorney's office, working with City staff that will be involved in the deployment of the
G.O. Bond for Arts & Culture, prepared a form of grant to be executed by the cultural arts
institutions that will receive grants funded by the G.O. Bond for Arts & Culture that was approved
by bond counsel and tax counsel, and subsequently by the City Commission at its March 27, 2023
meeting pursuant to Resolution No. 2023-32523 (the "Original Grant Agreement Template").
ANALYSIS
Following the Commission's approval of the Original Grant Agreement Template, certain
developments resulted in the creation of a revised grant agreement template (the "Revised Grant
Agreement Template"), a copy of which is attached as Exhibit A to this Memorandum.
First, certain projects that were originally budgeted as though they would be managed by the City
are instead going to be managed by grantees. As a result, the Finance and Economic Resiliency
Committee recommended (1) that amounts previously budgeted for project management by the
City be included in the grant awards for the New World Symphony, the Holocaust Memorial and
the Miami Beach Hispanic Community Center and (2) that the owner's contingency initially
budgeted for use by the City be made available to the grantee organizations for the approved
scope of projects, subject to the City Manager's prior approval.
In addition, certain arts and cultural organizations that will be receiving grant awards provided
comments to the Original Grant Agreement Template.
Substantive revisions to the Original Grant Agreement Template are as follows:
• The City Manager may increase the Grant Award to include a defined contingency amount
if the Grantee establishes that unforeseen conditions or other factors beyond the
Grantee's reasonable control have resulted in increased costs, provided, (a) the use of
contingency funds must comply with all restrictions applicable to the use of Grant Award
funds and (b) the contingency may not be used to alter or expand the scope of the Project.
(Section 1.2)
• Grant Award funds may be used to pay for costs of project supervision by an owner's
representative or by Grantee's own employees. (Section 1.5)
• The intended meaning of "design costs" has been clarified to include architectural and
engineering services required to develop and submit all construction documents and other
submittals (including revisions) necessary to obtain all permits for the Project, as well as
all other so-called "design costs," including without limitation interior design, lighting
design, sound design and landscaping design. (Section 1.5)
• The intended meaning of "accessible to the public" has been clarified to stipulate that
buildings, structures or other sites in which a Project is incorporated must be "reasonably"
accessible during "reasonable and customary" business hours.
• For grants of less than $1,000,000, the requirement to maintain the Project for 25 years
has been eased by the addition of language stipulating thatthe Grantee will not be deemed
in breach if it uses its best efforts to secure the funding necessary to maintain and
nevertheless fails. (Section 1.5)
• Reimbursement requests will be processed within twenty-five (25) business days instead
of forty-five (45) calendar days as previously contemplated. (Section 2.5(b))
• The requirements to maintain a segregated bank account and to carry a fidelity bond have
been eliminated. (Section 2.6)
Page 2 of 3
• The period during which the Manager has the right to conduct an evaluation of the
Grantee's operations has been defined to begin upon commencement of construction and
to continue until the date that is twenty-five (25) years following Project completion.
(Section 3.1)
• Cure period for addressing concerns raised by City Manager increased from ten (10)
business days to thirty (30) calendar days. (Section 3.1)
• Notation has been added to make clear that Risk Management's determination of
insurance requirements should take into account the amount of the grant award as well
as other factors relevant to the Project. (Section 4.1)
• Requirement that Grantee contracts with contractors and consultants include indemnity
clauses in favor of the City has been eased. (Section 4.5)
• Default remedy requiring Grantee to reimburse the grant award to the City has been limited
to instances where the Grantee misuses grant funds or otherwise commits a material
default. (Section 6.2)
• The form to be used for "Reimbursement Requests" has been incorporated. (Exhibit E)
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Revised Grant
Agreement Template and authorize the City Manager to finalize a grant agreement with each of
the G.O. Bond for Arts & Culture grantees, with each such agreement to include the grant award
and additional public benefit as approved by the Commission. The Administration further
recommends that the Mayor and City Commission authorize the City Manager and City Clerk to
execute the final grant agreements.
Applicable Area
is this a "Residents Right Does this item Utilize G.O.
To Know" item, pursuant to Bond Funds?
City Code Section 2-17?
M
Attachment:
Yes
Exhibit A — Form of Revised G.O. Bond for Arts and Culture Grant Agreement
Page 3 of 3
Resolutions - R7 L
MIAMI BEACH
COMMISSION MEMORANDUM.
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023
SUBJECT. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING REVISIONS TO THE FORM OF
GRANT AGREEMENT TO BE EXECUTED BY ORGANIZATIONS
RECEIVING GRANT AWARDS FUNDED FROM THE PROCEEDS OF THE
CONTEMPLATED GENERAL OBLIGATION BOND FOR ARTS & CULTURE
ISSUANCE TO INCORPORATE A CONTINGENCY FOR CERTAIN GRANTS
AS WELL AS OTHER REASONABLE CHANGES REQUESTED BY
GRANTEE ORGANIZATIONS; AND FURTHER, AUTHORIZING THE CITY
MANAGER TO FINALIZE A GRANT AGREEMENT WITH EACH GRANTEE,
WHICH AGREEMENTS SHALL INCLUDE THE AMOUNT OF GRANT
AWARD AND ADDITIONAL PUBLIC BENEFITS PROVIDED BYEACH
GRANTEE, AS APPROVED BY THE CITY COMMISSION; AND FURTHER,
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE FINALIZED GRANT AGREEMENT WITH EACH OF THE G.O. BOND
GRANTEES.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Citywide
Is this a "Residents
Right
to Know" item.
pursuant
to
City Code Section
2-14?
Yes
Strategic Connection
Prosperity - Market and
entertainment destination.
� y- �U-
F-
Yes
promote Miami Beach as a world class arts, culture, and quality
Page 802 of 991
Legislative Tracking
G.O. Bond Program/Office of the CityAttomey
Page 803 of 991
EXHIBIT A
FORM OF REVISED GRANT AGREEMENT
FOR
G.O. BOND FOR ARTS & CULTURE GRANTEES
G.O. BOND FOR ARTS & CULTURE
GRANT AGREEMENT
This GRANT AGREEMENT (this "Agreement") is made as of this day of
, 2023 (the "Effective Date"), by and 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 , a Florida not -
for -profit corporation ("Grantee") (the City and Grantee each, a "Party" and
collectively, the "Parties").
RECITALS
WHEREAS, [Describe Grantee, its existing facilities and public benefits], as
more particularly described in Exhibit A; and
WHEREAS, [Describe any pre-existing agreements between the City and
Grantee, if relevant]; and
WHEREAS, on July 20, 2022, the Mayor and City Commission of the City of Miami
Beach approved Resolution No. 2022-32261 calling for a November 8, 2022 special
election for the purpose of submitting to the electorate of the City of Miami Beach a
question asking whether the City should be authorized to issue general obligation bonds,
from time to time, not exceeding $159,000,000 in aggregate principal amount (the
"Bonds"), payable from unlimited ad valorem taxes, to improve facilities for resiliency of
arts and cultural institutions throughout the City, including museums, performance
venues, artistic playgrounds, senior/cultural centers, botanical garden, aquatic sculpture
park and related artist/workforce housing (the "GO Bond for Arts and Culture Program" or
the "GOBAC Program"); and
WHEREAS, a majority of the City's residents who voted in the November 8, 2022
special election approved the GO Bond for Arts and Culture Program; and
WHEREAS, Resolution 2022-32261 contemplated that if approved in the
referendum, the GO Bond for Arts and Culture Program would provide funding for specific
projects; and
WHEREAS, the Grantee is undertaking [INSERT PROJECT DESCRIPTION] (the
"Project"), as more specifically described in Exhibit B, which was specifically approved as
part of the GOBAC Program or is otherwise eligible for funding through the GOBAC
Program; and
WHEREAS, the Project is estimated to cost $ and will be
funded from the sources listed in Exhibit C, including funding from the GOBAC Program,
subject to and contingent upon the availability of GOBAC Program proceeds; and
WHEREAS, the Project is eligible for funding from the GO Bond for Arts and
Culture Program in a total amount not to exceed $ ; and
WHEREAS, the Project will result in physical improvements to an. area, facility,
resource or site to increase its ability or capacity to serve the public; and
WHEREAS, on November 16, 2022, the Mayor and City Commission of the City
of Miami Beach approved Resolution No. 2022-32405 requiring the City:Administration
and the Office of the City Attorney to negotiate and secure public benefits in. the grant
agreements with each cultural arts organization that receives GOBAC Program proceeds;
and
WHEREAS, the Mayor and City Commission of the City of Miami Beach and the
governing board of the Grantee have authorized, by resolution, their respective
representatives to. enter into this Agreement describing their respective rights and
obligations in the funding for, and construction of, the Project; and .
NOW, THEREFORE, pursuant to Resolution No. 2023= which specifically
authorizes the City Manager to execute grant agreements and other required, contracts '
and documents to expend the GOBAC Program bonds proceeds .for the Ipurposes
described in such resolution,. and, in : consideration of the premises and the mutual
covenants and conditions herein contained and the mutual benefits to be derived froth:
this Agreement, it is agreed by the Parties hereto as follows:
ARTICLE 1
GRANT
1.:1 Recitals. The Recitals above are:true and correct and are incorporated herein
by reference.
1.2 Award of Grant: Contingency. The City .hereby.awards.:a grant: to Grantee in
the aggregate sum of $. = (the "Grant .Award"), .to: be
funded by. the City.solely from.the-Bo nds proceeds on -a .reimbursement, basis, .
to design'and construct. the Project and/or to acquire equipment. -The City shall:.,
have no obligation to disburse to Grantee any portion of the Grant Award which
remains unused at the. completion of the Project and -Grantee. shall. have- no
claim to such unused portion of the Grant Award: The City- Manager (or her
designee) .may increase the. Grant Award by an amount- not to exceed
17INSERT AMOUNT OF CO.NTINGENCYI(the "Contingency") if the Grantee
establishes to the reasonable satisfaction of ' the.- City Manager (or her
'designee),with appropriate documentation that unforeseen conditions or other:
factors: bevond the reasonable. -contro.l of the Grantee have resulted -in
increased costs for the Project. provided (a) the use of Contingency: funds
'must satisfy all requirements and':comply:with'.all restrictions applicabWto the
use of Grant Award funds, including without limitationthe requirements set,.
forth in Section 1.5'below-and (b)-the Contingency may not be used by Grantee
to alter or expand .the Project scope -as -set forth Jn Exhibit B.
1.3 Public Purpose.. The Grant Award is awarded to this Grantee .based on the .
understanding :that the Grantee is performing a public purpose. through the
programs, projects, and. services. Use of these funds for any program component
not meeting this condition will be considered a material breach of the terms of this;
Agreement and. will allow the City to seek all available remedies including, but. not
limited .to thoseoutlined in Section 6:2. 1n. considerationof the Grant_ Award, . in
addition to Grantee's obligations pursuant to Sections .1.5 -and 1.6 and other.
provisions of this Agreement, to comply -with Resolution No. 2022-32405; Grantee
shall provide .the additional. public :benefit described. in Exhibit D.: [DRAF:TING :.
NOTE:: INCLUDE .DESCRIPTION. OF ADDITIONAL PUBLIC -BENEFIT' IN
EXHIBIT.D:]
1.4 Funding Contingencies. The City'sobligation to fund all: or any. portion. of the
Grant is subject to and contingent upon (a) issuance of the Bonds: and (b). such.'.:.
funding .continuing to be allowed and permissible. pursuant, to applicable law,
as same may be amended from.time to.time. If (x) the Bonds -are not :issued
for any reason or (y) the City's performance. and obligation to: Grantee. with
respect to: the Grant - Award is :'disallowed or rendered, impermissible. by. .
applicable, law, 'then City's obligation to fund the Grant. Award. shall - be
:extinguished, and neither Party shall have any further liability or.obligation-to
-the other with respect. -to the Grant Award or this Agreement, except for any
-,liability-or obligation which expressly survives the term of this Agreement.
1.5: Use of Grant Award. Grantee may use the Grant Award disbursed to Grantee
by the: City. pursuant to the terms of .this _Agreement solely :to pay for -capital
expenditures .as.:defned: in Treas.'Reg. Section 1.150-1' and.may. not'be-for.:.
any other purpose including, -to pay for operating expenses, ordinary.
maintenance and: repairs, or to. acquire equipment having a' useful life of less -
than one year.. Grant Award funds may: be used to .pay_ for costs of project
supervision by an owner's representative or by Grantee's own employees,
provided (i) such costs must constitute: capital expenditures as defined in.Treas.
Reg. Section 1.150-1" and (ii)' if an employee of Grantee or an affiliate provides
taxes and employer -provided benefits as is . directly related to. Projeaf
supervision may be reimbursable: with Grant Award funding, and Granteeshall
cause .such. employee to maintain daily .time records so -that an appropriate
-allocation may be determined. Not -more than fifteen percent (15%) of the Grant:
Award may -be used to pay for architectural and engineerinq-services required
to develop:- and submit all construction- documents and other. submittals
-,(including revisions) necessary to -obtain all permits for the ' Project; as well as
all other so-called 'design costs," -including without limitation .interior .design..:
lightingdesign, sound .design and. landscaping design. It.' is expressly
understood and agreed, thatany building, structure or other. site :into which -the
Project;.(iricluding'equipm'ent acquired) is'incorporated and, in whole or in.part,
with. the. Grant Award - must be, open and reasonably accessible to the public: -
during reasonable and:customary.business hour s(as applisabie};.provide public
exposure.and benefit public unless otherwise noted in this,Agreement. For.
at .least twenty-five (25) years from the completion of -the::Projectj the Grantee.
shall (a) maintain, repair, upgrade and/or -replace the Project (or portion thereof)'
Treas. Reg. Section 1.150-1(b) defines. "capital expenditure" as: -any cost of a type that -is properly chargeable to capital
account. under general Federal income-tax principles. For example, costs incurred to acquire, construct; or improve_
land,.buildings, and equipment generally are capital expenditures.
and, if applicable, the facility into which the. Project is incorporated; (b) keep the
Project and, if applicable,. the facility into Which the Project.is incorporatedo n
durinq reasonable and -customary business hours to all Miami Beach residents -
and members of the general public; and (c) use the .facility and/or equipment
acquired and/or improved. under the Project for the.-benefit:of the public; -ands)
If. the Grant 'Award is for less .:than $1,000,000, then Grantee shall.: not be-
deemed in -breach of subparagraph (a) in the foregoing: sentence if Grantee uses
its: best efforts to secure the fundinq necessary to comply with such: obligations
and nevertheless fails -to secure such funding.
1.6 Substantial Completion of the Proiect. Grantee shall use commercially
reasonable best efforts to ensure the Project achieves Substantial Completion
(as: defined . below) . on. or before. For. purposes. of this..:'. .
Agreement, "Substantial Completion" means
(a). If the Project (or portion. thereof) entails construction, the.date. when the
Work constituting the Project, as certified in writing by-the!Grantee and
-the .lead Consultant (i.e., the ',architect of record or the. "engineer of
record," as the: case may, be)- if any, has: been developed,. designed,
engineered and constructed in accordance with the applicable contract
documents such.that all .conditions of permits and regulatoryagencies.:
have been satisfied and. the Project is ready for .occupancy, utilization
and continuous. commercial operation for- the:.uses and- ' purposes
intended by the .Grantee, without material'interference from incomplete
or. improperly completed work. and with only minor punch list items
remaining. to be completed, :all: as :reasonably determined- by the
Consultant, and evidenced :by (1) the issuance. of a Certificate of
Occupancy., or. Certificate:. of Completion . by . the authority . having
jurisdiction (if applicable); (2) the issuance of a Certificate.of Substantial'
.Completion by the .lead Consultant for any, portion of the Proiect. for
Which a..Consultant.was engaged;:and/or (3) such other documentation
as the City Manager may reasonably request: as evidence 'that the:
Project has achieved Substantial Completion.
(b): if the Project (or portion thereof) entails the purchase of equipment, the
date that such equipment has been installed in accordance .with all..'
applicable manufacturer instructions and_. building codes. such that the .
Grantee wilf'be able to use. such. equipment for its.intended purpose(s).
On or -before the Substantial Completion date of the Project, Grantee.shall
submit to the City:
i. applicable contract documents .relating to -the : Project . (or portion
thereof);
ii. copies . of . all agreements. permits, and :licenses, and..all: insurance
policies or certificates; if any, pertaining to- the Project (or portion
4 .
assigned to Grantee --(the "Warranties),. and all maintenance and
operating instructions pertaining to the completed. work; including the
.standard- manufacturer's .warranty for .all fixtures.:.arid 'equipment
purchased in relation to -the Project (or portion thereof) and a minimum
one. (1) year warranty for all work contracted or. associated with the
Project,
iv. bills of sale, purchase documentation,-or.assignments evidencing title,
for the Project (or portion thereof) vesting in Grantee; and,
v. any. other documents. -or .information which the City Manager .may
reasonably request in connection with th&Project.
1.7. Contractors and Design Consultants.. The contractors :hired by. Grantee in
connection with theconstruction of the Project maybe individually.referred
to as a "Contractor" or collectively referred to :herein as "Contractors". The
lead architect or lead engineer, as applicable, retained .by Grantee in
connection with the design of .the Project is. referred ;to. herein. as :the
"Consultant'. The Contractors .and -Consultant shall _hold.::all'.required_
licenses -to. perform the_ services under the contract and shall .not. be. a .
Contractor. orConsultant who is currently debarred. or otherwise not in good
standing with the: City.
ARTICLE 2 .
BUDGET AND FUNDING .
2.1 Proiect Cost: As: referenced in this Agreement,:the "Project Cost" shall mean.
the hard and soft. capital costs necessary for the construction .of the Project
and/or- the: acquisition of .equipment necessary to implement :the Project.
Grantee has estimated. that the total Project Cost shall be$ .
[DRAFTING- NOTE: INSERT SAME -AMOUNT HERE AS INCLUDED -IN THE
RECITALS] (the."Budget"); as more particularly. -set forth in Exhibit 'C hereto. .
Exhibit C reflects all sources of funding for the Project, .and the sum. of such
sources must equal or exceed the Budget..Prior to the submission of any
Reimbursement Request (as. defined below), Grantee shall . supplement
Exhibit C :alse-islesto include a cash flow- schedule detailing anticipated
dates and -:amounts to. be -:received from other Project funding sources,. -if any,
and estimated dates and amounts of payments due to the Consultant,
Contractors and other.third parties- (the "Cash Flow Schedule")'. If at any time
the Grantee anticipates that. the actual Project Cost will exceed :.the Budget',
.Grantee shall provide: immediate written notice to the City which shall -include:
'(a) a revised; detailed cost -estimate for.the Project Cost and-(b) documentary;
evidence reasonably satisfactory to the City regarding -Grantee's sources of
funding for: all costs:in excess of the Budget: Grantee -shall be: permitted to
modify the Budgetto increase any lihe-item(s)' by decreasing other line item(s)
to, account for changes in actual costs so long . as such 'modifications .do not:.
alter the scope of the original Projector reduce the useful _life .of assets
acquired with .the: Grant Award..: If Grantee wishes" to revise- the. scope of the
'Project to, enable, it to complete -the Project within the Budget, the Grantee must: -
- obtain the approval of the City Commission.
2.2 Grantee Solely Responsible for- Proiect Expenses and Cost Overruns:. The
Grantee. agrees. -to be responsible for all work performed and all expenses.
incurred in connection .with the Project. The Grantee may contract as
necessary to complete the Project, including entering into. contracts - with
vendors for services and commodities, provided that it is understood by the
Grantee that the City shall not be liable to any such .vendors for. any expenses,
or -liabilities incurred pursuant to any contracts or -agreements the Grantee may
enter: into with such vendors, and that the. Grantee shall be solely liable to all
such vendors for all expenses -and liabilities incurred under such contracts'or..:. .
agreements. .Without limiting -the generality, of the foregoing; the .City_ shall
have no -obligation .to fund any Project Cost in excess of the Grant Award and
..Grantee shall. be solely responsible for any Project Cost .in excess .'of the
Budget as required and necessary to complete the -Project:
2.3. Grant Managers. Each of the City and the Grantee. shall designate. -an individual
to serve as 'grant manager (the ."City Grant Manage" and "Grantee _Grant
Manager," respectively). The initial City. Grant Manager :shall be the Director of .
the Facilities and Fleet Management Department and the initial ,Grantee Grant
Manager shall be [INSERT NAME].. If a different grant manager is
designated by either Party after execution of this Agreement, notice of the :name
and contact information of the new grant manager will be submitted in writing to
the other Party and maintained in the respective: parties' records._ A change.of
grant manager -does not require a formal amendment or change . order to :the
Agreement..
2.4. Administration of Grant Award by Grantee. The. Grantee shall administer the Grant
Award responsibly. and in accordance with, MandaJ. reasonable general
accounting pFastasesstandards, including by developing and adhering to a; Project:
budget based upon reasonable estimates of expenditures necessary to complete
the Project within the Budget. All expenditures will be subject to the -terms; of this
.Agreement.
2.5 Reimbursement Reauests, Monthly Progress. Reports and Payments._ Subject
to the terms and conditions of this Agreement, the Grant Award shall be paid
by -the City- to Grantee as follows::
a.: The. Grant: Award_ shall be paid to Grantee in installments on: a
reimbursement basis (each such. installment, a "Grant-: Disbursement" ). In
order to .request a, Grant Disbursement,. Grantee .shall .submit:to. the. City ..a, . .
completed, signed: and notarized Reimbursement Re'"u . reimbursement .
request, in the form attached as Exhibit E hereto (or such other form as the City
may require)(each, a "Reimbursement Request"), along With (i)-the -monthly
status report described in subsection (d), below and (ii) all appropriate:
6.
supporting documentation, including, without. limitation, the applicable contract
.(including:the,'schedule.of values); licensing and insurance information for.:
Contractors, Contractor' payment applications, estimate(s),invoice(s),:
evidence .of payment (receipts), warranty information . and any other
documentation with respect to the:Project.which:may be• requested.by the City
Grant Manager (collectively, the items identified in -(i)• and (ii), the "Supporting
Materials").' Any Reimbursement Request for purchases :of equipment,.
materials .or personal property shall require (A) that the purchase of such. -
equipment, materials or personal- property qualify as :a capital expenditure :.
pursuant to Treas. Reg. Section 1.150=1.(b) and related I.R:.S..guidance, as
determined. by the City. in its sole discretion, and (B) documentation that such .
equipment, materials and/or personal- property have been. delivered :to
Grantee, and are in Grantee's possession, in Miami . Beach, Florida,. as
conditions :precedent to payment.. The- Grantee. shall be solely .responsible for..:. .
submitting all documentation required by. this Agreement.
b. Project Costs shall be. identified, tracked,accounted. for,.. invoiced, and paid. by Grantee in a manner that clearly distinguishes the Project Costs
from other.costs incurred by Grantee. The City shall make Grant Disbursement
to the Grantee 'by.check or.wire transfer., as the City determines. in its sole
discretion.. Grantee shall submit to the City Grant'Manager a Reimbursement
Request together with all Supporting Materials_ on or before the 15th of each
month for.any sums expended in connection with the. Project:for. the preceding
month. Provided.that an uncured default does not exist, and thatGrantee is otherwise
in compliance with. the terms of this Agreement, the City wilf make the Grant
Disbursement within wenty4ve_ (25) business -days of:.
its receipt of .an acceptable Reimbursement -.Request and all Supporting
Materials. Grantee understands and agrees that reimbursements to .the
Grantee will .be made solely in accordance with applicable state and -federal.
laws. Any.and all -reimbursement-obligations. of the City..shall be fully subject
to. and contingent upon the -availability of funding solely. from.the GOBAC
Program funds.
C. Grantee shall also be responsible for reporting, :on a continuous,
on -going basis any contractual relationship --established to perform work -or
services on the Project, includingstart date and project -schedule,'reflecting a
target Substantial Completion date not later than . . . [DRAFTING:
NOTE::INSERT: SAME DATE AS USED IN. SECTION 1.6],-.in the. Monthly. Status,
Report. Add itiona1,reports.may be required at the discretion of the. City Manager
or her designee.
d.. To demonstrate that the Grant Award. has .been used: in accordance
with. the description. of the Project as reflected in-Exhibit."B" and the Budget as
outlined in Exhibit "C", and that•Grantee has met and fulfilled -all requirements as..:. .
outlined in .this Agreement, Grantee shall submit a* Monthly. Status Report.to the
City. on or before the 15th day of each .month (whether or; not a Reimbursement
Request is -Submitted), to include, at a minimum, (i)-a brief narrative describing
the Project status, (ii) - a spreadsheet reflecting: the actual expenditures: as of
7.
the.end of the.preceding month compared against the Budget, (iii) an updated
Project. schedule, if applicable, and (iv) a certification, by.an officer of Grantee
that Grantee is meeting or has fulfilled aII Project' and -financial: requirements: -
2.6. Bank Accounts- and Monies received pursuant to this Agreement -shall
be kept in accounts in established Florida banks, credit unions or savings and loan
associations whose identity shall be disclosed in writing, with the.identity and title.:.,
of individuals whom the Grantee authorizes to withdraw or write checks on Grant
Award funds from the.banking institution identified in -the bank.account disclosure.
Therc-R nnnp, mts m, ist -he penreg8ted "#e i:n other: �606, wits maih4inod by tWe -
iec All nercnns epthnrizerl to Withriroui funrle from the Arent A•eieFd annnUnt:
Friust he bended by a r c
It -Able linensed fiFFF1. h Te nnGt of Obtaininn � firieli+Y bohd
-rtv�
may. ndt be paid out of the Grant AlMard -nlpqq these eypenstnq nrinrdifi ite Gaoital
expenditures, .. .
2.7. Expenditure Deadline. The Grantee shall spend or commit all. of the Grant;Award
on or before three. (3) . years from, the, grant execution date .(the "Expenditure
Deadline"). -Any Grant Award funds not spent or committed by the Expenditure;
Deadline or for which a Project. extension has not been requested shall revert to
the City and this Agreement shall be terminated in accordance with the provisions
of this Agreement. A Project extension: may be requested in writing.from the City
Manager at least thirty (30) business days prior to the Expenditure Deadline'. The:,
City Manager may; in her sole discretion, grant an extension of up,.to one. (1) year
from the Expenditure Deadline so long as such extension will not significantly alter
;the: Project including its quality,, impact, : or benefit to the organization, the" City or
its residents. Additional extensions (not to -exceed one (1) year in -any event) may
be: authorized by the City Commission if the Grantee can document in a .written
request sufficient Project progress and good cause for such additional extension..
2:8 Payment Does Not Constitute Waiver. of Claims or " Warranties.
Notwithstanding anything contained, in this Agreement, payment..of.the: Grant
Award:shall not constitute a waiver. of claims by the City for: (i) ,faulty or.defective
work'or'productLsJ; (ii) failure of the work to be in strict accordance'with the:
approved final. plans and specifications for the Project; 'or (iii) the "terms of any
warranties required by the applicable contract documents..The Grantee: shall
vse. best efforts to f, iu., nnnnerr.te •eiith and! sec ict -the• Gi4v in res�luMinn of an•i
With regaFd tO the Git<�grocess .and resolve claims for.=defects and/or:."
warranty issues expeditiously. All warranties shall commence.on the date of
Substantial Completion of the .Project (or portion thereof),; unless otherwise
provided.
2.9 Annual Report.: In addition to the: monthly reports required pursuant to Section
2.4(d), above, Grantee shall submit. on or prior" to September 30th .of each. year
frorh the date .of executiion.of this Agreement through the expiration or.term ination.. . .
of this Agreement; a written.report to the City Manager demonstrating' that Grantee
is fulfilling: its 'purpose. and. has complied with all .applicable City,. Miami -Dade
County, state and federal requirements. The City Manager.may also request that
a:compilation statement and/or independent financial audit and accounting -for the..
expenditure. of. the Grant Award funds be prepared by an independent certified
public accountant at Grantee's expense.
2:10 Final Report. In addition to the monthly and annual reports required pursuant,to
Sections 2.4(d) and:2.8, above, within.thirty (30) days of completion_ of the Project,
the Grantee shall submit a final written report to the City Manager demonstrating
that'Grantee is fulfilling its purpose and has complied with ,all .applicable -City,
Miami -Dade County, state and federal requirements, and which report shall
include; ata minimum: (a) the date the Project (or area of the facility incorporating
the Project) was placed in.service -(b) the useful life of. the Project, and (c) the
amount of the .Grant Award applied for each asset -or improvement constituting the
Project. :
2.1
1 . Failure to Submit Reports. Failure by the Grantee to submit the reports required.,:.
pursuant to Section_ 2.4(d), 2.7 and 2.9 shall constitute 'a. default, and the City -
Manager may, subject to any applicable cure period set forth in Article 6, terminate
..this Agreement in accordance..with the. provisions of Article 6. Further, -the City
Manager must approve these reports for the Grantee to be deemed to have met
all conditions of the Grant'Award.
ARTICLE 3:
MONITORING AND AUDITING :
3.1. Program Monitorinq and Evaluation. Commencing on the date of commencement
'of construction .for the Proiect . (or if the Project does not entail construction,
commencing upon receipt of .the first Reimbursement Request) .and. continuing
through the date that is twenty-five (25) years following completion of the Project,
the City Manager may monitor and conduct an evaluation of. the Grantee's
operations- and the Project, which may -include visits, upon reasonable notice, by
City representatives to: observe the Project and/or .Grantee's programs,
procedures, and operations; discuss the Grantee's programs with the. Grantee's
personnel;.and/or.evaluate'the public impact of the Project. Upon request, the
Grantee shall. provide the City Manager with notice of'all meetings of its Board of:
Directors or governing board, general activities and Project -related events. -.In the
event the City 'Manager concludes, as a result of such monitoring :and/or
evaluation, .that the.Grantee is not in compliance with the terms of this Agreement
or that there are other reasons which significantly impaction the Grantee's ability ...
:to .fulfill -the terms and conditions of this Agreement, then the City.Manager must
provide in:writing to the Grantee, within thirty (30) business :days of.the date of
said monitoring/evaluation; notice of the inadequacy or .deficiencies noted which
may significantly impact on the Grantee's ability to complete the Project -within a
reasonable time frame or otherwise fulfill the terms of this Agreement. If Grantee
refuses or.is unable to address the .areas of concern within ter 4-Mthirt 30. :
business calendar.days of.receipt of such notice from the City Manager, then the:.:. .
City. Manager may, in her sole discretion, take other actions which- may include
reduction or.rescission of the Grant Award; or withholding Grant Award .funds until -
such time as the Grantee can demonstrate that such issues have been -corrected:
Further, in the event that the Grantee uses any -portion of the Grant Award for:
.costs not associated with the Project or that do.not constitute capital. expenditures _
_.(collectively, "Non=Project Costs") and the Grantee refuses :or"is.unable.to replace .
the amount so used into the Grant Award bank account within 't . v.
h����ethirty (30) calendar daysl from the date such unauthorized -use .is
:discovered,. then the City Manager may request the return of.such portion of.the
Funding Allocation award as,was used to pay for Non -Project Costs. The City
Manager may also institute a moratorium on applications from.the:Grantee to City:
grants programs for a period of up, to one (1) year or until the deficient areas have
been addressed to the satisfaction. of .the City Manager, whichever. occurs first.
3.2. Accounting, Financial Review, Access to Records and Audits by City Manager: .
The Grantee shall maintain accurate and complete books and records for all
receipts and expenditures of the Grant Award and the Project in conformance with
reasonable general accounting standards (the "Grant- Books and Records"). The
RnPkrand Grant Books and Records, as well as all documents pertaining
to' payments received and made in- conjunction with the Grant Award, such at'
vouchers, bills; invoices, receipts and canceled checks, shall be retained in.a
secure place and. in an orderly fashion in a location within the City:of Miami Beach.
:by the Grantee for at least three (3) years after the later of. (a) the Expenditure
Deadline specified in Section 2.6; (b) the extended Expenditure: Deadline, as
approved by the City Manager,' if any; (c)'the completion of a City requested or'
mandated audit or compliance review; or the -(d) conclusion of a. legal action
involving. the Grant Award; 'the:Grantee and/or'Project or activities related, to the ;
Grant Award (the period determined pursuant to the foregoing' the "Audit Period").
The Grantee shall use reasonable. commercial. efforts to maintain the. BesM,and.
RegserdsGrant Books and Records in such a manner that it;will not'be unduly, costly
or difficult for the City to segregate, ascertain or identify the use of the Grant Award
and to determine Grantee's compliance with the.terms and conditions of.the.Grant .
during an audit by the City. The City Manager may examine the -t3eoks-and:
ResefdsGrant Books and Records at the Grantee's offices or other.approved site
under the direct control and supervision of the Grantee during regular business
hours and =upon reasonable notice.. Furthermore, the City. Manager may,,. upon
reasonable notice and at the City's expense, audit or have audited all financial:.'
records of the Grantee, whether or not purported to be related to the Grant.Award
or the Project.
3.3. Inspector General. Pursuant to Section 2-256 of.the.Code of the City of,Miami
Beach (the "Code"), the City has established the Office of the Inspector General
("OIG") .which may, pursuant to Section 2-256(f) of the: Code,.:review, : audit;
inspect, and investigate city contracts, programs, projects, procurements, and
expenditures associated with all general obligation bonds issued by. the City,
:including but not limited to the Bonds. This -random .audit is:separate and distinct
from any other audit performed by or on behalf of the City: In connection with the
foregoing:
a.. Grantee- acknowledges that the OIG shall be authorized to review, audit,
Jnspect:and investigate the- Grant Books and Records and'
all related financial records of Grantee, whether nr not purpe fterl to her .'6ted .
+9 the Gi;pnt ewaFdei� the. PFejpp In addition, the Inspector General shall
have .the power to .subpoena witnesses, administer oaths, require wthe
production of witnesses and monitor City projects and programs. Monitoring.
. of the Grant Award and the Project may include the issuance -of reports
concerning: whether the Project is on time, within Budget and :in conformity
-with plans,:specifications, other contract'documents and applicable. law:.
b. At any time during the Audit Period and upon ten (10) days.written notice to
Grantee, the. Grantee (and any. other party that. is subject to these provisions)
shall make the Grant Books and Records and any other
documents and records in the Grantee's possession, custody or control which'
in the: Inspector General's sole judgment, pertain to performance -:of this
Agreement, including, but: not limited proposals.and agreements from and with
successful contractors and design consultants, all Project -related
correspondence, memoranda, instructions, financial documents, construction . `
documents, and contract documents, and any supporting documentation for
the foregoing.
c. The OIG shall have the power to report and/or recommend to the City
Commission whether: the Project or any, related program, contract or
transaction. is or was necessary .and, if -deemed necessary, - whether the
method used. for .implementing the Project or related ' program, contract or:.
transaction is or was efficient both financially and operationally: Monitoring of
the'Project may -include reporting whether the project is on time, within budget
and in conformity with plans, specifications, and applicable law. The.OIG_shall
have the power. to analyze .the need for, and reasonableness of, proposed
change orders
d.. :The OIG is authorized to investigate any alleged violation by Grantee of -the
City's Code of Conduct, asset forth in Chapter-2, Article VII of the'Code.
e. -The OIG is empowered to .retain the services of independent private sector
auditors to conduct one or more of the functions set forth in this Section 3:3.
f. The provisions in this :section shall apply to the Grantee, its contractors and
their respective officers, agents and employees. The Grantee shall
incorporate the provisions in this Section 3.3 in all contracts and other
agreements executed by its contractors in connection with the performance of
this Agreement.
g. Nothing in this Section .3.3 shall impair any independent right to the -City to
conduct.audits or investigative activities, including: without limitation, the City's .
audit rights pursuant to Section 3.2. The provisions of this Section 3:3 -are-
neither.intended nor shall they be construed to impose any liability on the City
by the Grantee, its contractors or third parties for. such monitoring or
investigation' or to the failure to have conducted . such monitoring or,
investigation .and neither the. City nor the OIG shall, have any obligation to.
11 .:
exercise any of its respective rights for the benefit of the Grantee. .:
ARTICLE 4
INSURANCE AND INDEMNIFICATION
[DRAFTING.NOTE: RISK MANAGEMENT. TO REVIEW. INSURANCE PROVISIONS IN.GENERAL .AND WILL..
ESTABLISH REASONABLE REQUIREMENTS FOR EACH GRANT AGREEMENT ON A CASE -BY -CASE.,
BASIS TAKING.INTO ACCOUNT THE -GRANT AWARD AMOUNT' -AND OTHER FACTORS RELEVANT.TO.
THE PROJECT OR THIS AGREEMENT.]
4.1 Insurance Requirement: for Grantee. -Grantee shall provide;' or cause to be_
provided, and maintain, or cause to be maintained, in force at all times during
the. Project, at its sole cost: -arid- expense, the following types: of. insurance
coverage throughout .the Term of 'the .Agreement'or until final acceptance :of
the Project, whichever is later:.;
a.. Worker's Compensation 'lnsurance as required by Florida Statute 440, with
Employer's. Liability Insurance,, with no less than $1,000,000 per. accident..::
for, bodily injury.or disease;- and
4.2
b.- Commercial General Liability .Insurance on an' occurrence .'basis; .
contractual, liability, property damage, bodily injury and -personal &
advertising injury. with limits. no .less than $1,000,000. per- occurrence
and $2,.0.00;0.00.a re ate.. -..-
99 9 . .
Insurance Requirement for Contractors. Each Contractor for the construction
of. the Project (or any portion) shall purchase and maintain. the-: following
insurance coverages:
a. Worker's Compensation Insurance as required by Florida Statute 440, with .
Employer's Liability. Insurance, with no less -than ,$1;000,000 per accident
for bodily injury or disease;
b:. Commercial General Liability Insurance. on, an occurrence basis, -:-
contractual liability, property damage,. bodily injury .pnd..personal.&
advertising injury. with limits. no. less than.:$1;000;000.. per occurrence
and $2;000,000 aggregate
c. Automobile Liability Insurance :covering all owned, non -owned: and
hired vehicles .used in connection with the work, in an:. rriount not less
than.$1',000;000 combined single limit per occurrence, for bodily 'injury.:
and property .damage;
d. .Builder's Risk insurance Utilizing,an "All Risk" coverage form, with limits
equal to the completed value.of the contract for.the. construction of the
Project and no coinsurance penalty: provision. The City. of:Miami Beach
and Grantee shall be a Loss Payee with respect to this coverage.. .
e: A payment and performance bond (the "P&P . Bond'') : of the form and
containing,. all. the provisions set. forth in this Section. The P&P.Bond
shall be in the form of dual obligee -bonds from -the Contractor; naming:
the City and Grantee as dual obligees. The P&P Bond shall be -in the
:amount of one hundred percent (100%)- of the contract, amount;
guaranteeing to City and Grantee the completion -.and performance .of
the work under the contract and payment of all subcontractors. The P&P:
Bond shall continue in effect for one year. after .completion and
acceptance of the Project with liability equal to one hundred ,percent
(100%) of the cost of the work, orr_an.additional.:P&P Bond shall be
conditioned that Grantee, will, upon. notification . by .City, .correct. any
defective or faulty work or materials which.oppear within .one year after
completion of the Work. The: surety company shall have at least the
following. minimum .ratings..in the latest revision of. Bests. Insurance.
Report:
Amount of -Bond - Ratings Category
500.1001 to 1,020,000
B+ Class
1,020,001 to 2,000.,000
B+. Class II:
29000,001 to 5,0001000
A Class -III
5;000,001 to 10,000,000
A . Class. IV.
10, 000, 001 to. 25, 000., 000:.
A Class .V -:
25,000,001.to 50,000,000
A Class VI -..
50;000,001 'or more
A Class Vll
4:3 Insurance Requirement for Consultant..
The Consultant shall provide, or
cause to be provided, and maintain, or cause to be maintained, in force:at
all times;during.the Project the following insurance coverages:
a. :Professional Liability Insurance with limits of liability provided-. by
.such policy not less .than One Million Dollars ($1,000,0.00.00):.each
claim to assure City the indemnification specified in Section*4.4. 'Such:
policy. may carry a commercially reasonable deductible, not to exceed
One Hundred Thousand Dollars ($100,000.00) for each claim. The
Certificate of. Insurance for Professional Liability Insurance :.shall
reference the applicable deductible and the Project:
b.: Comprehensive General Liability with minimum .limits of One Million
: Dollars '($1,000,000.00) per occurrence combined single limit for Bodily
Injury, Liability and Property Damage Liability. and Two Million .:Dollars_.
i$2, 000, 0001:agg regate.
General Provisions Applicable to Insurance.. The following: provisions. shall'
apply. to insurance. required to. be.provided.by the Grantee, Contractors and:.
Consultant.
a. 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 - -
.. 13 .:
Grantee.
b:. Grantee hereby grants, and shall cause each Contractor and the „
Consultant to grant, a waiver of any right to subrogation which any insurer
of Grantee, Contractor or Consultant may acquire against the City of Miami
Beach by virtue ofahe payment of any loss, urider such insurance. Grantee
agrees to obtain,, and shall cause each Contractorthe Consultant to.:
obtain, any endorsement that may be necessary to effect. 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.
c. 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.
d. Grantee shall provide the required insurance certificates, endorsementsor
applicable policy language effecting coverage required by this Section. All.
certificatesof 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 excuse Grantee's obligation to obtain. (and
to cause its Contractors and the Consultant to obtain) the required
coverages. 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.
e. 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
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 947
MURRIETA, CA 92564
All certificates of insurance, endorsements, exemption letters shall be
submitted to the City's servicing agent, EXIGIS, at:
Certificates-miamibeachO-riskworks.com
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.
4.5 Indemnification by Contractors and Consultant. The ^^^+ra^+cAny contract
between Grantee and its Contractors with a contact price that is equal to or greater
50 000 and the architect's agreement between Grantee and Consultant with fees
in excess of $9,000 shall .provide that Contractor or Consultant (as applicable)
14
shall defend, indemnify and save harmless the City, its officers, agents and
employees, from or on account of any injuries. or damages, received or sustained
by any person or persons during or on account of any construction activities of
Contractor or Consultant (as applicable), or any of its subcontractors,
subconsultants, agents, servants, or employees connected with the Project; or by
or in consequence of any negligence of Contractor or Consultant (as applicable),
or any of its' subcontractors, subconsultants, agents, servants, -or employees
(excluding negligence of the City), in connection with the construction activities of
Contractor or Consultant (as applicable), or any of its . subcontractors,
subconsultants, agents, servants, or employees connected with'the Project; or by
use of any improper materials or by or on account of any act, error or omission of
Contractor or Consultant (as applicable) or any subcontractor, subconsultants,
agents, servants or employees, except to the extent any such injuries or damages,
are caused by City. The contracts between Grantee and its Contractors and the .
architect's agreement between Grantee and the Consultant shall further provide
that Contractor or Consultant (as applicable) shall indemnify and save harmless
City (a) against any claims or liability arising from or based upon the violation of .
any City, Miami -Dade County, state or federal laws, bylaws, -ordinances or
regulations by Contractor, its subcontractors, agents, servants or employees
(excluding negligence of City); and (b) from all such claims and fees, and from any
and all suits and actions of every name and description that may be brought
against City on account of any claims,.fees, royalties, or costs for.any invention or.
patent, and from any and all suits and actions that may be brought against.City for
the infringement of any and all patents or patent rights claimed by any person, firm,
or corporation. The contracts between Grantee and its Contractors and the
architect's agreement between the Grantee and. the Consultant shall provide that
the Contractors' and Consultant's indemnification obligations to the City shall
survive the expiration or termination of such agreements.
4.6 Indemnification by Grantee. The Grantee shall indemnify and hold harmless the
City and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which
the City or its officers, employees, agents or instrumentalities may incur as.a result
of claims, demands, suits, causes of actions or proceedings of any kind. or nature
arising out of, relating to or resulting from the performance of this Agreement by
the Grantee or, its employees, agents, servants, partners, principals,
subconsultants or subcontractors., 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 by the Grantee shall
in no way limit the. responsibility to.indemnify, keep and save harmless and defend .
the City or its officers, employees, agents and instrumentalities as herein
provided. Grantee's obligation to indemnify the City pursuant to the.foregoing
shall survive the expiration or termination of this Agreement. Grantee recognizes
the broad nature of this indemnification and hold harmless clause, and voluntarily
makes this covenant and expressly acknowledges the receipt of good and -
15
valuable consideration, provided by the City in support of the ..obligation . in
accordance with the -laws of the. State of Florida.. Nothing, herein shall be.construed
to waive any of the City's- rights set forth in Section 768.28, Florida'statutes.
Nothing contained in this Agreement shall be deemed a waiver of sovereign
immunity by .the City. This paragraph shall survive the expiration 'or .early
termination of this Agreement. If Grantee isan- agency -or subdivision of the .State
of Florida, the foregoing provisions shall..be subject- to any applicable provisions.
of Section 762.-28 that mavaoDly to Grantee.
4.7. Indemnification'Obligation Includes Defense Through Appeals. Forthe avoidance
of doubt, the indemnification provided above shall obligate each: Contractor, the` -
Consultant or Grantee (as applicable) to defend. at its own expense.to and through -
appellate, supplemental or bankruptcy proceeding, or to provide fo.r such defense,
at. City's option; any and all claims of liability and :all suits and actions of :every..
name and description that may be brought against City which may result from the
operations and activities under or as a consequence. of this Agreement performed
bythe applicable indemnitor and its respective subcontractors, subconsultants, and
anyone'directly'or indirectly employed by such indemnitor.
ARTICLE 5
COMPLIANCE
5.1 Compliance with -Laws.. In its performance of. this Agreement, Grantee shall .
comply with all applicable. laws, ordinances, and regulations of.the City, Miami-
Dade County, the State of Florida,. and the federal government, as applicable...:.
5.2 : No Discrimination. In connection with the Project, Grantee shall not:exclude
from participation in, deny the benefits of; or subjectto-discrimination.anyohe.
on the grounds of -race, color, national origin, sex, age, disability, religion, -
income or family status. ' Additionally,.Grantee shall comply fully -with the.City
of Miami Beach Human Rights: Ordinance, codified. in Chapter 62 of the Code;
..as, may be amended from. time to time., prohibiting discrimination in
employment, housing, .;public accommodations, and public: services 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.
5.3 Compliance with County's Conflict of Interest and Code of Ethics -Ordinance: .
Grantee herein agrees to adhere:to and be governed by..allapplicable. laws
as it relatesto conflicts -of interest including, without limitation,, Section 2-1.1.1
ofahe Code of Miami -Dade County. (the County's_Conflict of Interest and Code
of Ethics Qrdinance), as may be amended from.time to time,.and-by Chapter -
2, Article VII of .the Code, as may be amended from time to time. (collectively,
the "Conflict Statutes"), both of which are incorporated by reference as if.fully,
set forth herein. Grantee: covenants that, :in.connection -with :its performance
of this. Agreement, it presently has. no interest and shall not acquire..any
interest, directly.or indirectly, which could constitute a.conflict.of'interest, as
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described under the Conflict Statutes. Grantee further covenants that in the
performance of this Agreement, Grantee shall not employ any person having
any such conflict of interest.
5.4 Compliance with 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, as follows:
a. "Public Records" Defined. 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.
b. Obligations of "Contractors as defined under Florida Public Records Act.
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 bylaw;
(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 Grantee or keep and maintain
public records required by the City to perform the service. If the
Grantee 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 Grantee 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.
c. Request for Records: Noncompliance.
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(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 Grantee 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.
(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) avail itself of the remedies set forth under the
Agreement; and/or (2) avail itself of any available remedies at law or
in equity.
(iii) If Grantee who fails to provide the public records to the City within a'
reasonable time, it may be subject to penalties under Section 119.10,
Florida Statutes.
Civil Action.
(i) If a civil action is filed against Grantee to compel production of public
records relating to the City's contract for services, the court shall,
assess and award against Grantee the reasonable costs of
enforcement, including reasonable attorney fees, if:
A. The court determines that 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 Grantee.
(ii) A notice complies with subparagraph (1)(b) if it is sent to.the City's
custodian of public records and to 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) If Grantee complies with a public records request within 8 business
days after the notice is sent is not liable for the reasonable costs of
enforcement.
e. Questions. 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
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AGREEMENT, CONTACT THE CUSTODIAN 0I= PUBLIC RECORDS AT _
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 .CONVENTION CENTER DRIVE
MIAMI BEACH; FLORIDA -33139
E-MAIL: RAFAELGRANADOto-MIAMIBEACHFL.GOV
PHONE: 305-673-7411
ARTICLE 6
DEFAULT AND REMEDIES
.6.1 Events of Default. Each of the following shall constitute a default. by Grantee:
. a: If Grantee uses all or any portion of the Grant Award for costs not
associated with the Project and Grantee fails- to -refund the unauthorized:
disbursement within thirty (30) days after written notice 'of the default -is
given to Grantee by the City. .
b. If Grantee .shall breach any of the other. covenants- or provisions in this,
Agreement, without regard to. materiality, and. Grantee fails to cure its
default.within thirty (30) days after written notice -of the default is given to
Grantee by the City; .provided, however, that if not.reasonably possible to:
cure such default within the thirty (30) day period; such cure period shall be .
extended for up to ninety-(90) days following:the date .of.the original notice,
if within thirty (30) .days after such written notice, Grantee:. commences
diligently and thereafter continues to cure.
6.2 Remedies
a. Upon the occurrence of a default. as 6d described in Section 6.1a) ..
and/or the occurrence of a breach of any material covenant or provision.of,
this- Agreement, and. such. default. is not .cured within -the applicable cure
period in Section 6.1(a)- or 6.1(b), respectively, the- City; in addition to all
other remedies conferred by .this Agreement, may require .that Grantee
reimburse :the City for all Grant Award funding provided ..by: the. City
hereunder. At. the City's_ sole discretion, the City may, from:. amounts
otherwise appropriated to Grantee (or due to Grantee pursuant to any other:
agreement), withhold; deduct or set off any : amounts .that - the City .
reasonably believes are sufficient to reimburse_ the City for- any default
under this Agreement.
b. - -The .City may, institute litigation to recover damages for any default or to
obtain -any other remedy.at law or inequity (including specific performance,
permanent, -preliminary or temporaryinjunctive. relief,. and.any other. kind.... .
of equitable remedy).
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c. Upon the occurrence of a default by Grantee which remains uncured within
the time periods provided in Section 6.1, the City may terminate this
Agreement, upon written notice to Grantee. Upon termination of this
Agreement under this section, the City shall have no further liability or
obligation to Grantee. Grantee understands and agrees that termination of
this Agreement under this section shall not release Grantee from any
obligation occurring prior to the effective date of termination.
d. In the event Grantee fails to reimburse the Grant Award to the City as
required by subsection a, in addition to all other remedies conferred onto
the City under this Agreement, Grantee agrees to transfer to the City all
title and interest in and to any personal property that has been purchased
with Grant Award funds but not installed as a fixture.
e. Any failure of the City to exercise any right or remedy as provided in this
Agreement shall not be deemed a waiver by the City of any claim for
damages it may have by reason of the default.
f. The rights and remedies of the City are cumulative and the exercise by the
City of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies
for the same default or any other default.
ARTICLE 7
GENERAL PROVISIONS
7.1 Relationship of the Parties. It is expressly understood and intended that the
Grantee, as the recipient of GOBAC Program funds, is not an officer,
employee or agent of the City, the City Commission, nor the City
department(s) administering the GOBAC Program or the Grant Award.
Further, for purposes of this Agreement, the Project or activity, the parties
hereto agree that the Grantee, its officers, agents and employees are
independent contractors and solely responsible for the Project. The Grantee
shall take all actions as may be necessary to ensure that its officers, agents,
employees, assignees and/or subcontractors shall not act as, nor give the
appearance that they are, agents, servants, joint venturers, collaborators or
partners of the City, the City Commission or the department(s) administering
the GOBAC Program or the Grant Award. No Party or its officers, elected or
appointed officials, employees, agents, independent contractors or
consultants shall be considered employees or agents of any other Party, nor
to have been authorized to incur any expense on behalf of any other Party,
nor to act for or to bind any other Party, nor shall an employee claim any right
in or entitlement to any pension, workers' compensation benefit,
unemployment compensation, civil service or other employee rights or
privileges granted by operation of law or otherwise, except through and
against the entity by whom they are employed.
7.2 Entire Agreement. This Agreement states the entire understanding and
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agreement between the Parties and supersedes any and all written or oral
representations, statements, negotiations or agreements previously existing
between the Parties with respect to the subject matter of this Agreement. The
parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
Agreement, and that this Agreement contains the entire agreement between
the parties as to all matters contained herein. Accordingly, (a) no deviation
from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written and (b) any oral representations or
modifications concerning this Agreement shall be of no force or effect.
7.3 Amendment. This Agreement may be amended only with the written approval
of the Parties. The City Manager, on behalf of the City, shall have authority to
amend or modify this Agreement, including any changes to the budget for the
Project, provided that the changes do not materially change the scope of the
Project and the amount of the Grant Monies are not increased.
7.4 No Assignment. The Grantee is not permitted to assign this Agreement or any
portion thereof. Any purported assignment will render this Agreement null and
void and subject to immediate rescission of the full amount of the Grant Award
and reimbursement by the Grantee of its full value to the City.
7.5 Waiver. No waiver shall be effective unless in writing and signed by the Party
against whom enforcement is sought. Such waiver shall be limited to provisions of
this Agreement specifically referred to herein and shall not be deemed a waiver of
any other provision. No waiver shall constitute a continuing waiver unless the
writing states otherwise. Failures or waivers to insist on strict performance of any
covenant, condition, or provision of this Agreement bythe Parties, their successors
and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall
it relieve the other Party from performing any subsequent obligations strictly in
accordance with the terms of this Agreement.
7.6 Time of the Essence. The Parties agree that time is of the essence in the
performance of each and every obligation under this Agreement.
7.7 No Third -Party Beneficiary Rights. The terms of this Agreement inure to the
benefit of only those Parties named herein. This Agreement is not intended
to and shall not be construed to give any third party any interest or rights,
including without limitation third -party beneficiary rights, with respect to or in
connection with any agreement or provision contained herein or contemplated
hereby.
7.8 Notices. Any notice, consent or other communication required to be given
under this Agreement shall be in writing, and shall be considered given when
delivered in person or sent by facsimile or electronic mail (provided that any
notice sent by facsimile or electronic mail shall simultaneously be sent
personal delivery, overnight courier or certified mail as provided herein), one
(1) business day after being sent by reputable overnight carrier or three (3)
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business days after being mailed by certified mail, return receipt requested, to
the parties at the addresses set forth below (or at such other address as a
party may specify by notice given pursuant to this Section to the other party):
The City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Director of Facilities and Fleet Management Department
With copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Attorney
The Grantee:
[INSERT ADDRESS]
7.9 Further Acts. In addition to the acts recited in this Agreement, the Parties
agree to perform, or cause to be performed, any and all such further acts as
may be reasonably necessary to consummate the transactions contemplated
hereby. Each of the Parties agrees that it will execute and deliver all such
documents and instruments as may be necessary and appropriate to
effectuate the terms of this Agreement.
7.10 Partial Invalidity. In the event that any provision of this Agreement is declared
by any court of competent jurisdiction or any administrative judge to be void
or otherwise invalid, all of the other terms, conditions and provisions of this
Agreement shall remain in full force and effect to the same extent as if that
part declared void or invalid had never been incorporated in the Agreement
and in such form, the remainder of the Agreement shall continue to be binding
upon the Parties
7.11 Counterparts; Electronic Signatures. This Agreement may be executed in
counterparts and by electronic signature (e.g. via DocuSign, accompanied by
the confirming e-signature certificate) and may be transmitted by facsimile
copy or e-mailed PDF file, each of which when so executed and delivered shall
be deemed to be an original and all of which, when taken together, shall
constitute one and the same instrument. Upon request by any party receiving
an executed counterpart by facsimile or PDF (by e-mail) to also receive an
ink -signed original, the other party shall provide original ink -signed signature
pages as soon as practicable, but failure to do so shall not affect the validity,
enforceability, or binding effect of this Agreement.
7.12 Optional Mediation. In the event a dispute arises, that the Parties cannot
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resolve between themselves, the Parties shall have the option, but not the
obligation, to submit their dispute to mediation. The mediator or mediators
shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties.
7.13 Governing Law; Venue; Attorneys' Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida without
regard to its conflict of laws principles. The City and Grantee agree to submit
to service of process and jurisdiction of the State of Florida for any controversy
or. claim arising out of or relating to this Agreement or a breach of this
Agreement. Venue for any court action between the Parties for any such
controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, or in the United States
District Court for the Southern District of Florida, in Miami -Dade County,
Florida.
7.14 Force Maieure. Whenever a period of time is herein prescribed for the taking
of any action by a Party hereunder, such Party shall not be liable or
responsible for any delays (including, without limitation, any delay by the City
in making the Reimbursement, nor shall such Party be obligated to perform
hereunder, nor deemed to be in default hereunder, if the required action or
performance of a Party is prevented due to strikes, riots, acts of God, shortages
of labor or materials, epidemics, pandemics, war, governmental laws,
regulations or restrictions, or any other cause whatsoever beyond the control
of such Party.
7.15 Captions. Captions as used in this Agreement are for convenience of
reference only and do not constitute a part of this Agreement and shall not
affect the meaning or interpretation of any provisions herein.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
names by their duly authorized officials as of the date first set forth above.
ATTEST:
Rafael E. Granado
City Clerk
ATTEST:
Secretary
Print Name
CITY OF MIAMI BEACH, FLORIDA
Alina T. Hudak
City Manager
[GRANTEE NAME]
President
Print Name
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EXHIBIT A
DESCRIPTION OF GRANTEE'S OPERATIONS AND PUBLIC PURPOSE
EXHIBIT B
PROJECT DESCRIPTION
4:i1l43fiN
BUDGET, FUNDING SOURCES AND CASH FLOW SCHEDULE
EXHIBIT D
ADDITIONAL PUBLIC BENEFIT
EXHIBIT E
REIMBURSEMENT REQUEST
MIAMI BEACH
CITY OF MIAMI BEACH
REIMBURSEMENT REQUEST FORM
GRANT PROJECT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
NOTE:
Capitalized terms used herein. and not otherwise defined shall have the meaning given to them in the Grant
Agreement. Pursuant to .the executed Grant Agreement, Grantee shall submit to the City a completed., signed
and notarized ReimIburseme-nt.Reg uest Form, along with (i) the monthly status report. described -in subsection
(2.5 d), and (ii) all appropriate supbortinq documentation, including, without limitation, the applicable contract:
(including the schedule of values), licensing and -insurance. information for Contractors, estimate(s)jnvoice(sl
evidence of payment (receibts), warranty information and any other. documentation :with respect to :the Project
which may be requested by the City Grant Manager (collectively, the items identified in (i) and (ii), the "Supporting
Materials").
Any Reimbursement Request for purchases:of equipment, materials or -personal property shall require (A) that
the purchase of such equipment materials or personal property qualify as a capital.expenditure pursuant to Treas.
Reg. Section 1.15071(b) and related I.R.S. guidance, as determined by the City in its solediscretion, and (B)
documentation that such equipment, materials and/or personal property have been delivered to Grantee, and are
in Grantee's possession, in Miami Beach, Florida, as conditions precedent to payment
for submit
Costs shall be identified tracked accounted for, invoiced, and 'paid by Granteein a manner that clearly
distinguishes the Project. Costs from other costs incurred by Grantee: The City -shall make Grant Disbursements
to the Grantee by- check or wire transfer.. as the City determines in its sole discretion. Grantee shall submit to the.
City Grant Manager a Reimbursement Request together with all Supporting. Materials on or before the 15th of
each month for any sums expended in connection with the Project for the preceding month. -Provided that an
uncured default does not exist and that Grantee is otherwise in compliance with the terms of this Agreement, the
City will make the Grant Disbursement within twenty-five (25). business days of its receipt of an. acceptable.
Reimbursement. Request and all Supporting Materials. Grantee understands and agrees that reimbursements to..
.. — .... • . • . . ..• ... , . .. . , I . _ __11_____ A____ --_J -11
obligations of the City shall be fully subject to and -contingent upon the availability of funding solely from the
GOBAC- Program funds.
Certification of Payment: I certify that the above expenses were necessary and reasonable for the -completion of
the :Project and in accordance with the terms and conditions set forth in Agreement . 1 further
warrant and represent that these expenses have not been, and will not be, covered W any other third party funding
source, including- urrder.any other separate agreement between the City and Grantee or any other grant
agreement between the Grantee and any other party.
Grantee
Report Prepared By:
Name Signature/Date
STATE OF FLORIDA
COUNTY OF MIAMI DADE
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online
notarization, this day of , 20 by (name) as (title) for
(company) He/she ( ) is personally known to me or ( ) produced
as identification.
Notary Public
Print Name:
My Commission Expires:
City of Miami Beach
Report Reviewed By:
Name Siqnature/Date