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First Amendment to Grant Agreement between CMB & The Florida International University Board of The Jewish Museum of Florida-Florida International University 2- cis 2y - 3318I FIRST AMENDMENT TO GRANT AGREEMENT OCT 18 2024 THIS FIRST AMENDMENT TO GRANT AGREEMENT (this "First Amendment") is made and entered into effective as of this _ day of ,2024 ("Effective Date"), by and between the CITY OF MIAMI BEACH, a municipal corporation duly organized and existing under the laws of the State of Florida (the "City"), and The Florida International University Board of Trustees, a public body corporate existing under the laws of the State of Florida, on behalf of The Jewish Museum of Florida-Florida International University ("Grantee") (the City and Grantee each, a "Party" and collectively, the "Parties"). RECITALS WHEREAS, City and Grantee are parties to that certain Grant Agreement dated December 20, 2023 (the "Grant Agreement") pursuant to which the City awarded a grant under the GO Bond for Arts and Culture Program ("GOBAC Program") in a total amount not to exceed $750,000, which includes a grant award in the amount of $750,000 and a contingency in the amount of$0; and WHEREAS, on July 26, 2023, the Mayor and City Commission of the City of Miami Beach approved a First Amendment to the Grant Agreement Template, allowing for the advancing of grant award funds pursuant to the Grant Agreements previously approved in connection with the General Obligation Bond for Arts & Culture; and WHEREAS, on July 24, 2024, the Mayor and City Commission of the City of Miami Beach adopted Resolution No. 2024-33184, approving a revision to the scope of work approved in connection with the Grant Agreement and authorized the City Manager to execute an Amendment with the Grantee accordingly; and WHEREAS, this First Amendment modifies the scope of work described in Exhibit B and Exhibit C of the executed Grant Agreement by the deletion of certain scopes of work to be able to perform a full replacement of the facility's air conditioning ("AC")system, which was unforeseen and is now time sensitive; and WHEREAS, the total estimated cost of the AC replacement, according to the Grantee, is $300,000, and the total estimated cost of the scope of work to be removed is$307,000; and WHEREAS, there is no cost to the City associated with this modification and the Grantee shall be responsible for all costs in excess of amounts approved by the City; and NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by both parties, the City and Grantee agree as follows. AMENDMENT 1. Recitals: Section Headinas: Defined Terms. The "Recitals" paragraphs above are deemed to be part of the agreement of the Parties. The paragraph headings of this First Amendment are for convenience and reference only and none of such headings shall limit or amplify the meaning, application or construction of any of the provisions of this First Amendment. Unless specifically defined in this First Amendment, capitalized terms used in this First Amendment shall have the meanings ascribed to such terms in the Grant Agreement. 1 2. Modification, Exhibit B and Exhibit C to the Grant Agreement shall be superseded by the revised Exhibit B and Exhibit C attached to this First Amendment, respectively. 3. Counteroarts, This First Amendment 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 fife, 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 First Amendment. 4. Entire Aengment, This First Amendment sets forth the entire agreement of the parties with respect to the subject matter hereof. All prior or contemporaneous understandings and discussions, whether written or verbal, are entirely superseded by this First Amendment. Except as amended by the express provisions of this First Amendment, the terms and conditions of the Grant Agreement are hereby ratified and confirmed by the Parties and shall remain in full force and effect. If there is any conflict between the terms and conditions of the Grant Agreement and those set forth in this First Amendment, the terms and conditions in this First Amendment shall govern. [SIGNATURES ON FOLLOWING PAGE.] 2 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: CITY OF MIAMI BEACH, FLORIDA ...7, <1 OCT 1 8 2024 0-u2 (-)64Ra fael E. Granado .-gip ...•.•• -qc,,,, Eric T. Carpen City Clerk :_ '. 'S''% City Manager (IACORP ORATED 5.1 ATTEST: ',�...• 4 k AV FLORIDA INTERNATIONAL UNIVERSITY 'QC;i 26.... BOARD OF TRUSTEES, ON BEHALF OF THE JEWISH MUSEUM OF FLORIDA- FLORIDA INTERNATIONAL UNIVERSITY c---DocuSigned by: DocuSlgneeddyJby: 7C6CDELOL'CC-r' 11:60R IY3634^6, General Counsel Chief Financial Officer Carlos Castillo Aime Martinez APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION 61-74c,l-2crz.¢. .ty Attorney Date 3 EXHIBIT B PROJECT DESCRIPTION In order to improve the museum experience for local and international visitors alike, JMOF-FIU seeks $750,000 as part of the City of Miami Beach's GO Bond Program. Funding will go towards the following future-focused improvements: Exterior improvements to include landscaping, new sconces, lawn sprinkler, exterior lighting (parking LED), security bollards and painting exterior 2) Collections improvements to include replacing of flooring, furniture and lighting (LED); painting and window coverings 3) improvements to 301 Building to include new exhibit and cove lighting fixtures (LED), purchasing of new man-lift, repairing and painting stairwells and lower areas; lighting at stain glass interior 4) improvements to 311 Building to include creating storage in 311 Lobby; 5) Kitchen/Receiving to include replacing dishwasher and building storage cabinets 6)A/C replacement and repairs plus contingency. EXHIBIT C BUDGET, FUNDING SOURCES AND CASH FLOW SCHEDULE Upon receipt,funds can be deployed for construction and development within the range of six to twelve months.It is estimated that the aforementioned improvements will take approximately one to two years to complete. Exterior Improvements Landscape $ 10,000 6 new sconces $ 5,000 Lawn sprinkler $ 5,000 Exterior lighting-parking LED $ 7,500 Security Bollards $ 35,000 Paint exterior $ 50,000 Collections Replace flooring $ 5,000 Replace fumiture $ 7,500 Replace lighting LED $ 2,000 Paint $ 2,000 Window coverings $ 1,000 301 Building New exhibit&cove lighting fixtures LED $ 50,000 Purchase new man-lift $ 15,000 Repair and paint stairwells and lower areas $ 10,000 Lighting at stain glass interior $ 5,000 311 Building Create Storage in 311 Lobby $ 4,000 Kitchen/Receiving Replace Dish washer $ 1,000 Build storage Cabinets $ 8,000 A/C Replacement/Repairs $ 300,000 Contingency $ 50,100 Subtotal $ 573,100 Architectural Plans 10% $ 57,310 Permits $ 4,970 GC OH&P 20% $ 114,620 TOTAL $ 750,000 RESOLUTION NO; 2024-33184 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REVISION TO THE SCOPE OF WORK APPROVED IN CONNECTION WITH THE GRANT AGREEMENT AWARDED TO THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES,A PUBLIC BODY CORPORATE EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, ON BEHALF OF THE JEWISH MUSEUM OF FLORIDA-FLORIDA INTERNATIONAL UNIVERSITY ("GRANTEE"), IN CONNECTION WITH THE GENERAL OBLIGATION BOND FOR ARTS & CULTURE; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO DRAFT AND EXECUTE AMENDMENT 2 ACCORDINGLY. • • 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 ("GOB"), not exceeding$159,000,000, 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; and WHEREAS, on November 8, 2022, the voters of the City of Miami Beach approved the issuance of a General Obligation Bond for Arts & Culture in the not to exceed amount of $159 million; and WHEREAS, 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 with cultural arts organizations that will receive G.O. Bond for Arts & Culture funds; and WHEREAS, on March 27, 2023, the City Commission adopted Resolution No. 2023- 32523 approving the template for the Grant Agreement to be signed by grant recipients(Approved Grant Agreement Template); and WHEREAS, on April 28, 2023, the City Commission adopted Resolution No. 2023-32592 accepting the recommendations of the Finance and Economic Resiliency Committee ("FERC") for Tranche 1 in the not-to-exceed amount of $101,700,000, Resolution No. 2023-32593 approving revisions to the Grant Agreement Template, and Resolution No.2023-32594 approving the additional public benefits proffered by each of the cultural arts organizations or entities that will receive Arts & Culture G.O. Bond funds or that will directly benefit from capital projects paid for with bond funding; and WHEREAS, on May 17 and June 28, 2023, the first and second public hearings of the bond issuance were held; and WHEREAS, on July 26, 2023, the City Commission adopted Resolution No. 2023-32691 approving a first amendment to the Grant Agreement Template, allowing for the advancing of grant award funds pursuant to the Grant Agreements previously approved in connection with the General Obligation Bond for Arts & Culture; and WHEREAS, the final list of projects approved as part of the General Obligation Bond for Arts & Culture included a$750,000 allocation for the Jewish Museum facility; and WHEREAS, the scope of work was further defined as part of the Grant Agreement executed on December 20, 2023, and is attached to the Commission Memorandum as Exhibit 1; and WHEREAS, the Jewish Museum of Florida (the "Grantee") has requested the deletion of certain scopes of work to be able to perform a full replacement of the facility's air conditioning ("AC")system, which was unforeseen and is now time sensitive; and WHEREAS, the Grantee's formal request is attached to the Commission Memorandum as Exhibit 2; and WHEREAS, the total estimated cost of the AC replacement, according to the Grantee, is $300,000, and the total estimated cost of the scope of work to be removed is $307,000; and WHEREAS, there is no cost to the City for this request—the Grantee will be responsible for all costs in excess of amounts approved by the City and will remain in full compliance with the terms and conditions of the approved grant agreement; and WHEREAS, as per sections 1.2, 2.1 and 7.3 of the Grant Agreement, City Commission approval is required for any alterations to the previously approved scope of work; and WHEREAS, the City's Bond Counsel and Tax Advisor have reviewed the request and have no objections; and WHEREAS, the G.O. Bond Oversight Committee reviewed the request at the July 18, 2024 meeting and has no objections. 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 approve a revision to the scope of work approved in connection with the Grant Agreement awarded to the Florida International University Board of Trustees, a public body corporate existing under the laws of the State of Florida, on behalf of the Jewish Museum of Florida-Florida International University ("Grantee"), in connection with the General Obligation Bond for Arts & Culture; and further, authorize the City Manager and City Clerk to draft and execute Amendment 2 accordingly. PASSED and ADOPTED this tag day of IR/ , 2024. .,4,even Meiner, Mayor ATTESTT z. •P ' ti iI�CQAP 4�� ED Inn �.. qy APPROVED AS TO �J2, "'�, • E - FORM & LANGUAGE Rafael E. Granado, City Clerk '' 'h26 &FOR EXECUTION 6?:;) ),,„ City Attorneys Date Resolutions -C7 L MIAMI BEACH COMMISSION MEMORANDUM TO: I Honorable Mayor and Members of the City Commission - - — — -J FROM: Rickelle Williams, Interim City Manager DATE: July 24, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REVISION TO THE SCOPE OF WORK APPROVED IN CONNECTION WITH THE GRANT AGREEMENT AWARDED TO THE FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES,A PUBLIC BODY CORPORATE EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, ON BEHALF OF THE JEWISH MUSEUM OF FLORIDA-FLORIDA INTERNATIONAL UNIVERSITY("GRANTEE"),IN CONNECTION WITH THE GENERAL OBLIGATION BOND FOR ARTS & CULTURE; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO DRAFT AND EXECUTE AMENDMENT 2 ACCORDINGLY. RECOMMENDATION It is recommended that the Mayor and City Commission adopt the Resolution. BACKGROUND/HISTORY At the July 20, 2022 City Commission meeting, the Mayor and City 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 (GOB), not exceeding $159,000,000, to improve facilities for resiliency of arts and cultural institutions throughout the City, including museums, performance venues, artistic playgrounds, seniorfculturai 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 a General Obligation Bond for Arts& Culture in the not to exceed amount of$159 million. At the November 16, 2022 City Commission meeting, the Mayor and City 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 with cultural arts organizations that will receive G.O. Bond for Arts& Culture funds. On March 27, 2023, the City Commission adopted Resolution No. 2023-32523 approving the template for the Grant Agreement to be signed by grant recipients (Approved Grant Agreement Template). On April 28, 2023, the City Commission adopted the following Resolutions related to the Arts & Culture G.O. Bond: • Resolution No.2023-32592 accepting the recommendations of the Finance and Economic Resiliency Committee(FERC)for Tranche 1 in the not-to-exceed amount of$101,700,000 (including grant amounts for the following projects: Workforce Housing, New World Page 680 of 1750 Symphony, Holocaust Memorial, Miami Beach Hispanic Community Center, the Wolfsonian and the Jewish Museum of Florida). • Resolution No. 2023-32593 approving revisions to the Grant Agreement Template. • Resolution No. 2023-32594 approving the additional public benefits proffered by each of the cultural arts organizations or entities that will receive Arts & Culture G.O. Bond funds or that will directly benefit from capital projects paid for with bond funding. On May 17 and June 28, 2023, the first and second public readings of the bond issuance resolution were held. On July 26, 2023, the City Commission adopted Resolution No. 2023-32691 approving a first amendment to the Grant Agreement Template, allowing for the advancing of grant award funds pursuant to the Grant Agreements previously approved in connection with the G.O. Bond for Arts & Culture. ANALYSIS The final list of projects approved as part of the General Obligation Bond for Arts & Culture included a$750,000 allocation for the Jewish Museum facility. The scope of work was further defined as part of the Grant Agreement executed on December 20, 2023. The detailed scope of work is attached herein as Exhibit 1. The Jewish Museum of Florida(the Grantee)has requested the deletion of certain scopes of work to be able to perform a full replacement of the facility's air conditioning (AC) system, which was unforeseen and is now time sensitive.The Grantee's formal request is included herein as Exhibit 2. There is no cost to the City for this request. The total estimated cost of the AC replacement, according to the Grantee, is $300,000, and the total estimated cost of the scope of work to be removed is $307,000. The Grantee will be responsible for all costs in excess of amounts approved by the City and will remain in full compliance with the terms and conditions of the approved grant agreement. As per sections 1.2, 2.1 and 7.3 of the Grant Agreement, City Commission approval is required for any alterations to the previously approved scope of work. The City's Bond Counsel and Tax Advisor have reviewed the request and have no objections. The G.O. Bond Oversight Committee wilt be reviewing the request at the July 18, 2024 meeting. Their recommendation will be provided as Exhibit 3 via Supplemental Agenda. FISCAL IMPACT STATEMENT NIA FINANCIAL INFORMATION N/A CONCLUSION Page 681 of 1750 The Administration recommends the adoption of this Resolution approving a revision to the scope of work approved in connection with the Grant Agreement awarded to the Florida International University Board of Trustees, a public body corporate existing under the laws of the State of Florida, on behalf of The Jewish Museum of Florida-Florida International University ("Grantee"), in connection with the General Obligation Bond for Arts & Culture; and further, authorizing the City Manager and City Clerk to draft and execute Amendment 2 accordingly. Applicable Area South Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Proiect? No Yes Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s)and principal(s): Department G.O. Bond Program Sponsor(s) Co-sponsor(sl Attachments: Exhibit 1: Current Scope of Work Exhibit 2: Scope Change Request Exhibit 3: G.O. Bond Oversight Committee Recommendation (to be provided via Supplemental Agenda) Page 682 of 1750 OocuSign Envelope 10 DAIFBOEB-6E30-40DE-9832-F18E18829408 Exhibit 1 EXH6ff C BUDGET,FUNDING SOURCES AND CASH FLOW SCHEDULE Upon receipt, funds can be deployed for construction and development within the range of six to twelve months. it is estimated that the aforementioned improvements will take approximately one to two years to complete. Extcrii,r lini,wvement5 Landscape S to,000 Tree Re moval/repfanting $ 10,000 6 new sconces $ 5,000 Lawn sprinkler $ 5,000 Replace Tile on Front Steps S 35,000 New&refurbish railings $ 10,000 Exterior lighting-parkrngLED S 7,500 Exterior lighting-building $ 35,000 Replace Sign Board $ 1,500 Parking lot security fences $ 50,000 3ecurlty b011a(65 $ 35,000 Paint exterior $ 50,000 Emergency generator $ 60,000 Collections Repair and paint stairwell 5 2,500 Replace Nosing $ S,00f) Replace furniture $ 7,500 Create Storage $ 3,500 Replace lighting LED 5 2,000 Paint $ 2,000 Window coverings $ 1,000 Fire Protection upgrade at Collections 5 15,000 301 Building install new lighting control system in Gallery S 10,000 New exhibit&cove lighting fixtures LED 5 50,000 Purchase new man-lift 5 15,000 Repair and paint stairwells and lower areas 5 10,000 Pump system upgrade 5 5,000 lighting at stain glass interior 5 5.000 311 Building Install new lighting control system in Gallery $ 10,000 New exhibit lighting fixtures t.ED 5 25,000 Create Storage in 311 Lobby S 4,000 Kitchen/Receiving Replace Dish washer S 1,000 Build storage Cabinets S 8,000 BMG Upgrade Lighting Exhibits 5 15,000 Acoustical upgrades $ 20,000 Contingency $ 42,600 $ 513,100 Architectural Plans 10% $ 57,310 Permits 5 4,970 GC OH&P 20% $ 114,620 TOTAL $ 750,000 Highlighted items to be removed from original scope. Page 685 of 1750 Jewish Museum of Florida Exhibit 2 FLORIDA INTERNATIONAL UNIVERSITY June 4,2024 TO: Karen Rivo,Chair and G.O. Bond Oversight Committee and Maria Hernandez,G.O. Bond Program Director FROM:Susan Gladstone Pasternack,Executive Director, Jewish Museum of Florida-FIU The Jewish Museum of Florida is formally requesting the deletion of certain scopes of work originally requested from the G.O. Bond to be able to perform a full replacement of the museum's air conditioning(A.C-)system,which was not broken at the time of application.A functional A.C. is essential to the operation of the museum and the preservation of the museum's artifacts.The total estimated coast of the A.0 is$300,000.00 while the scope of the work to be removed is $307.000.00.There is no cost to the city for this request. We respectfully submit this letter for your consideration. Susan Gladstone Pasternack, MSW Executive Director Jewish Museum of Florida-F/U FIE "Great Colleges to Work For " ., -A t AMERICA S " + REST LARGE with ho:)Or ro!: ;I:'.t,n:t:On in .)II ;:tic's 1 - EMPLOYERS Bo Mx**Ahead .ao.AOL. 301 ' ashington Avenue • Miami Beach.FL 33139-6965 •Tel:305-6-2-50-74 • Fax:305-6'2-5933 • imof.fiu.cdu Page 686 of 1750 V ATTACHMENT 2 Estimated Cost SCOPE TO BE ADDED: Air Conditioning Replacement $ 300,000 Total scope to be added 300,000 SCOPE TO DELETED: Tree Removal/replanting $ (10,000) Replace Tile on Front Steps (35,000) New& refurbish railings (10,000) Exterior lighting- building (35,000) Replace Sign Board (1,500) Parking lot security fences (50,000) Emergency generator (60,000) Repair and paint stairwell (2,500) Create Storage (3,500) FireProtection upgrade at Collections (15,000) Install new lighting control system in Gallery (10,000) Pump system upgrade (5,000) Install new lighting control system in Gallery (10,000) New exhibit lighting fixtures LED (25,000) Upgrade Lighting Exhibits (15,000) Acoustical upgrades (20,000) Total scope to be deleted (307,500) TOTAL SURPLUS(TO BE ADDED TO CONTINGENCY) $ (7,500) Page 687 of 1750 Agenda Item G 71- Date 7-42y.y MIAMIBEACH OFFICE OF THE CITY CLERK LTC# 310-2024 LETTER TO COMMISSION TO: Honorable Mayor Steven Meiner and Members of the City Commission FROM: Rafael Granado, City Clerk DATE: July 19, 2024 SUBJECT: G.O. Bond Oversight Committee Motion City Commission Item C7 L-Exhibit 3 Grant Agreement Scope Change-Jewish Museum of Florida On July 18, 2024, the G.O. Bond Oversight Committee made a motion endorsing the Jewish Museum of Florida's request to delete certain scopes of work to be able to perform a full replacement of the facility's air conditioning system. Motion made by Jason Koslowe Motion seconded by Kate Mosely Motion passed 7-0 1 member absent 1 member not part of quorum Voting Members part of quorum: Karen Rivo(Chair), Bruce Halpryn, Dana Martorella, Jack Glottmann, Jason Koslowe, Kate Mosely, Laura Veitia, Voting Members not part of quorum: Shari Gurkin Voting Members absent: Dennis Scholl Non-Voting Members present: David Sexton, Donald Goldberg. Isaiah Mosely, Jack Benveniste Non-Voting Members absent: Adam Kravitz Questions, regarding the motion, may be directed to Maria Hernandez, G.O. Bond Program Director and G.O. Bond Oversight Committee liaison, at MariaHernandezamiamibeachfl.gov or by calling extension #22584. MIAMI BEACH City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov Office of the City Manager Tel:305-673-7010,Fax:305-673-7782 TRANSMITTAL TO: City Clerk's Office SENT VIA: Hand FROM: Thais Vieira, G.O. Bond Interim Director DATE: October 18, 2024 SUBJECT: Jewish Museum First Amendment to Grant Agreement Reso 2024-33184 SENDING: Under Separate Cover Prints Herewith r Copy of Letter DESCRIPTION: Amendment for execution by City Clerk COPIES OF THIS LETTER TO: We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community.