CMB Fiscal Year 2023-2024 Grant Agreement between CMB & Shining Ventures, LLC Oawslgn Envelope ID.27812782-CA1B-402C-A935-6938679EF6A8 R 2021 1_ 33)S j
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2023-2024
GRANT AGREEMENT
GRANT PROJECT No: 2024-CMB-14
This GRANT AGREEMENT(hereinafter the"Agreement")is made and entered into this 9'h day of July,
2024 by and between the City of Miami Beach, Florida(hereinafter the"City"),and Shining Ventures,
LLC, a Florida corporation (hereinafter the "Grantee°). This Agreement is effective July 1, 2024, the
"Effective Date."
ARTICLE I/GRANT DESCRIPTION
GRANTEE: Shining Ventures, LLC
GRANTEE CONTRACT ADMINISTRATOR: Deena Hadar
ADDRESS. 3001 SW 3i°Ave
CITY, STATE, ZIP. Miami, FL 33129
PHONE, FAX, E-MAIL: 305-785-3404
26hadar@gmail.corn
GRANT AMOUNT: $10,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: July 2024-September 2024
EXPENDITURE DEADLINE: September 30, 2024
PROJECT COMPLETION DATE: September 30, 2024
FINAL REPORT DEADLINE: October 10, 2024
FINAL REIMBURSEMENT REQUEST DEADLINE: October 10,2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
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By: ✓ �✓'cG 10r< ,�4V,.v'�
Rafael E. Granado, City Clerk Eric Carpenter,O yy Manager
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FOR GRANTEE: Shining Ventures,LLC
Federal Id No. 23-7004362
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ARTICLE Il/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 Managers 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 a
final report by October 101'
.
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. Final reports must be submitted on the Report Form, attached hereto as Exhibit
3, detailing Grantee's compliance at the time of a reimbursement request.
5. REIMBURSEMENT REQUESTS: Reimbursement requests may be submitted to the City at any
Ire 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
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October 10n, 2024. 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 2023-2024 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, and once all parties
have executed this Agreement.
7. GRANT RESTRICTIONS: 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.
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
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
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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 and t 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 ar existing City project
or program may include a report concerning whether the project is on time within budget and in
conformance with the contract documents and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations activities performance
and procurement process including but not limited to project design. bid specifications, (bid/proposal)
submittals,activities of the Grantee its officers, agents and employees. lobbyists, City staff and elected
officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant
to Section 2-378 of the City Code the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days writer, 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.
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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. audi,, 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
1he 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 appeal. 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 al 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.
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 indemnity, defend 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
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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, defend and hold harmless 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 oe 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 Countys 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)
calendar days written notice to the Grantee, and the City shall nave 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 thac
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
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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 or in equity.
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
efrecting 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 51,000,000 per accident for
bodily injury or disease.
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.
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
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Grantee hereby grants to the 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 AVII, 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.
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,
I. 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
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reasonable time at a cost that goes not exceed the cost provided in Chapter 119,
Florida Statutes or as otherwise provided by law
Ir. 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 competion 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;he 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 Crty.
D. REQUEST FOR RECORDS, NONCOMPLIANCE
A request to inspect or copy public records relating to the City's contract for services
must be made directly to the City If the City does not possess the requested records,
the City shall immediately notify the Consultant of the request, and the Grantee must
provide the records to the City or allow the records to be inspected or copied within a
reasonable time.
n. 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 j avail itself of the remedies set forth under the Agreement and/or(3)avail
itself of any available remedies at law or in equity.
A Grantee who fails to provide the public records to the City within a reasonable time
may be subject to penalties under s 119.10.
E. CIVIL ACTION
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.
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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: RAFAELGRANADO(dMIAMIBEACHFL.GOV
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.
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B. TERMINATION RIGHTS.
i. 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.
A contract terminated under the foregoing Subparagraphs (B)0)or(B)(ii) is not in breach
of contract and may not be considered as such.
iii. 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)0) or (B)(n) no later
than 20 calendar days after the date on which the contract was terminated.
iv. 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.
v. 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 Citys 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.
23.CITY CONTRACT ADMINISTRATOR: All contract related questions. reports and requests
for reimbursements to be submitted to Education and Performance Initiatives Department listed below:
Dr. Leslie Rosenfeld, Chief Education Officer
LeslleRosenfeldEumiamibeachfl gpv
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ARTICLE III /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 wol allow the City to seek remedies including,
but not limited to, those outlined in this Agreement.
25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following
Special Conditions.
A. Grantee hereby agrees that it will comply with Title VII of the Civil Rights Act of 1964
(Pub. L. 88-352) (Title VII), as amended, as it appears in volume 42 of the United States Code,
beginning at Section 2000e, prohibiting employment discrimination based on race, color, religion, sex
and national origin
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 (including independent contractors), housing and public
accommooations, public services and in connection with its membership or policies 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, hair texture and/or hairstyle.
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 erjoying the same employment opportunities that are available to persons without
disabilities.
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
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Ooaesign Envelope ID 27812782-CA1 B402C-A935-6938879EF6A8
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: (ONLY IF GRANTEE OR GRANTEE'S
EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND
SCREENING REQUIREMENT)tn 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 pnor
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 I evel 2 Background screening prior to initiating
any work related to this Agreement, unless the aty's Contract Administrator approves an alternative
process.
Page 14
Docusign Envelope ID 27812782-CA1B-402C-A935-6938B79EF6A8
EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
Through our extensive experience with both our school and the Miami Beach community, we have
Identified a significant group of pre-school children who require additional support. These children, best
described as having 'alternative needs,'often struggle with fine motor skills, community building, social
awareness, and general classroom development They do not fit into conventional diagnostic categories
such as autism or ADHD and are too young for any formal diagnosis or medication. As a result. they
are frequently mischaracterized as 'problematic'when they simply need more tailored support to adjust
to social and school environments_ These children face challenges in adapting to developmental
learning and require specialized attention to thrive
PROGRAM DESCRIPTION
In response to this need, we have created a small pilot summer program called Camp Shine designed
specifically for pre-scnool children with 'alternative needs.' This program aims to provide the necessary
instruction. care,and nurtured development to help these children adjust to the classroom environment
and succeed. Camp Shine focuses on enhancing fine motor skills, fostering community building,
promoting social awareness, and supporting general classroom development. By offering a structured
and supportive environment, we aim to develop a game plan that teachers and students can use
throughout the year to ensure ongoing success for these children. Our goal is to demonstrate that with
the right approach, children witn alternative needs can not only adjust but also excel in their educational
journey
Beneficiaries/Participants 10 Miami Beach families with a child(ren)
Services: Camp Shine for pre-school children
Service Term for Participants Up to 4 weeks
LOCATION
Temple Moses
1200 Normandy Dr.
Miami Beach FL, 33141
Page 15
Docusign Envelope ID:27812782-CA1B-402C-A935-6938679EF6A8
GRANT ACTIVITIES
Activity Name Activity Description Description of Service Recipients . No. Service '
I
Recipients
Specialized Camp Educational Activities For Pre-School Children 10
Enhanced Skills ' Various program based For Pre-School Children 10
for Learning focused activities
GOALS/OUTCOMES
Goals - Enhance Fine Motor Skills, Foster Community Building, Promote Social Awareness,
Support General Classroom Development, Develop Personalized Learning Strategies, Build
Confidence and Self-Esteem.
Outcomes- Improved Fine Motor Skills, Increased Sense of Community, Heightened Social
Awareness, Better Classroom Adaptation, Effective Learning Strategies, Increased Confidence
and Self-Esteem.
•
STAFFING
Position Title Description/Responsibilities to Grant Program Budget Description
Coordinator Logistics, Guidance and Leading the Program Coordinator
Therapists Executing Therapeutic programming Therapy
Education Staff Development and implementation of the programs t Educators
i Activity Staff Assisting in all Program aspects Assistants
Page 16
oocuwgn Envelope lU 27812782-CA 1
EXHIBIT
PROJECT BUDGET
Budget Line Item Description Project Budget
� ~~~^ Salary and ^^ae=°:
Fringe Benefits: Fica/Mica &
Health Insurance
Consulting Services
Medication Co-Payments
Professional Services
Outside Services
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I_Printing &Copying
! '
Equipment
' UhUUem Telephone, Internet,
Sable
� aim/Mm}ntexmnc�—�.---- ------'---'_ ---------------- '--_- -_-__----- �
|mounsnce
Transportation&Admnission
Ir ."wse^,a.wumeww`/=ctio,
Pilot Program Camp 4wmmk Camp for 10K8knmi Beach
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Docusign Envelope ID'.27812782-CAI B-402C-A935-6938B79EF6A8
EXHIBIT 3
CITY OF MIAMI BEACH
REPORT FORM
GRANT PROJECT No.: 1 2024-CMB-14
•
GRANTEE NAME: i Shining Ventures, LLC
GRANTEE ADDRESS: i 3001 SW 3'd Ave
Miami, FL 33129
GRANTEE CONTRACT ADMINISTRATOR:
. GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REPORT PERIOD:
J Jul. 1 - Sept.30
Due Oct. 10
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
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 27812782-CA1B-402C-A935-6938B79EF6A8
EXHIBIT 4
CITY OF MIAMI BEACH
GRANT REIMBURSEMENT REQUEST FORM
GRANT PROJECT No.: I 2024-CMB-14
GRANTEE NAME: Shining Ventures, LLC
GRANTEE ADDRESS: 3001 SW 3`c Ave
Miami, FL 33129
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
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 2 7 812➢82-CA1 B<02C-A9366938629EF6A8
RESOLUTION NO.2024-33155
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH,FLORIDA,APPROVING A ONE-TIME GRANT IN THE AMOUNT
OF $10,000 FOR THE SUMMER CAMP PILOT PROGRAM , "CAMP SHINE,"
AT TEMPLE MOSES MONTESSORI, PROVIDED THAT THE FUNDS ARE
STRICTLY USED TOWARDS SECULAR PROGRAMMING AND SERVICES.
WHEREAS, Moses Montessori is a school located within Temple Moses, a Sephardic
Congregation founded in 1968, located at 1200 Normandy Drive, Miami Beach, FL 33141;and
WHEREAS, Moses Montessori offers the Montessori method of education, which
emphasizes hands-on learning, self-directed activity, and collaborative play coupled with
additional religious lessons to enhance the education of participating children between the ages
of 18 months and 3 years;and
WHEREAS, it has been determined that a significant portion of these children are
classified as having'alternative needs"but are often too young for a formal behavioral diagnosis,
and nonetheless require additional care and resources to meet developmental goals;and
WHEREAS, Moses Montessori wishes to accommodate and enhance education for
children with'alternative needs' by establishing a four-week pilot program camp, 'Camp Shine,
to provide a tailored experience for these children, focusing on the development of fine motor
skills,social awareness,and other essential abilities;and
WHEREAS,the City of Miami Beach seeks to support positive programs,especially those
providing services to children in need of specialized education support in Miami Beach; and
WHEREAS,the Mayor and City Commission wish to allocate a one-time grant in the total
amount of$10,000 to Moses Montessori to account for ten Miami Beach children participating in
"Camp Shine"at$1,000 per child during Summer 2024, provided that the funds are strictly used
towards secular programming and services.
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 hereby approve a one-time grant in the total of$10,000 for the summer camp pilot
program, "Camp Shine" at Temple Moses Montessori, provided that the funds ere strictly used
towards secular programming and services.
PASSED AND ADOPTED this .1 day of 311"1 2024.
•
ATTES 1�1....BF,q D stir
AUG 0 2 y Steven Meiner, Mayor
• APPROVED AS TO
Rafael E. Granado,City Clerk 'F;INCORP ORATep: *A FORM 8 LANGUAGE
. 8 FOR FYFCUTION
Sponsored by Commissioner Kristen Rosen Gonzalez CN 2 &)r l ati-
Co-Sponsored by Commissioner Joseph Magazine ° ^e0c, Dote