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HomeMy WebLinkAboutGrant Agreement with The Florida International University Board of Trustees fbo The Jewish MuseumDocusign Envelope ID: 787OCCBO-8033412EAODC-8D AFDD982E2 NOV 2 6 2024 Reso No. 2023-32647 N11AM1 BEACH CITY OF MIAMI BEACH FISCAL YEAR 2024-2025 GRANTAGREEMENT GRANT PROJECT No.: 2025-CMB-03 This GRANT AGREEMENT (hereinafter the "Agreement") is made and entered into this day of , 20 by and between the City of Miami Beach, Florida (hereinafter the "City"), and The Florida International University Board of Trustees fbo The Jewish Museum, a Florida not -for -profit corporation (hereinafter the "Grantee"). This Agreement is effective October 1, 2024, the *Effective Date." ARTICLE I I GRANT DESCRIPTION GRANTEE: The Florida International University Board of Trustees too The Jewish Museum GRANTEE CONTRACT ADMINISTRATOR: Roberto M. Gutierrez ADDRESS: 11200 SW 8w . MARC 430 CITY, STATE, ZIP: Miami, FL 33199 PHONE, FAX, E-MAIL: 305-348-2494 Dutierrr(a)fiu.edu GRANT AMOUNT: $50,000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: October 1 2024 — September 30 2025 EXPENDITURE DEADLINE: September 30. 2025 PROJECT COMPLETION DATE: September 30. 2025 FINAL REPORT DEADLINE: October 10. 2025 FINAL REIMBURSEMENT REQUEST DEADLINE: October 10, 2025 Docusign Envelope 10:787OCCB0.8033472E-80DC-8D4AFDD982E2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: ATTEST: By: — I& Rafael E. Granado, City Clerk NOV 262.0, Date FOR GRANTEE: ATTEST: By I _ _ __ a .�Pa." weenduy.roell ii vuarez Research contract Administrator I Print Name and Title 11/12/2024 Date City of Miami Beach, Florida Eric Carpenter, City Manager iih ° t Page 2 The Florida International University Board of Trustees fbo of The Jewish Museum Federal Id No. 65.0177616 Co:uasy.e W neVillafana Authorized Signature Ana villafana sr. Director, Award Services Print Name and Title APPROVED AS TO FORM 8 LANGUAGE & FOR EXECUTION 21t1�-1 ll- ZA/ � C79' •aonwry v� DOCuslgn Envelope ID: 7870CCBO-8033472E-80DC-8NAFDD982E2 ARTICLE 11 I 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 Slate of Florida. The City has delegated the responsibility of administering this Grant to the City Manager or the City Manager's authorized designee (the "Contract Administrator"). 2. PROJECT DESCRIPTION: The Grantee may only use the Grant for the purposes that are specifically described in the Project Description, attached hereto as Exhibit 1 (the "Project"). Any modification to Exhibit 1 ("Project Description"), shall not be effective unless approved by a written amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the City pursuant to this Agreement will be used exclusively for goods or services to be provided within the City of Miami Beach. 3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum amount payable to Grantee for goods or services rendered under this Agreement shall not exceed the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available City funding be reduced, the amount payable under this Agreement will be reduced at the sole option of the City of Miami Beach. All of the Grantee's expenditures are subject to the terms of this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2 ("Project Budget"), shall not be effective unless approved, in writing, by the City and Grantee. Any request by Grantee to modify the Project Budget shall be made in writing, using City approved forms, detailing and justifying the need for such changes. Notwithstanding the foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement. 4. REPORTS: This Grant has been awarded with the understanding that the activities and services contemplated under the Project Description will mutually contribute to the enhancement of services available to City residents, businesses, and visitors. As a condition of disbursements of grant funds, and to demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must submit quarterly reports to the Contract Administrator by the following dates: January 15", April 151h, July 1511, and the final report by October 10". New Grant awards will not be released to the Grantee until all Final Reports for previously awarded grants are received. The City may withhold any future payments of the Grant, or the award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. All quarterly reports must be submitted on the Grant Quarterly Status Report Form, attached hereto as Exhibit 3, detailing Grantee's compliance at the time of a partial reimbursement request. Page 3 Dowsign Envelope ID: 787OCCBO 8033>72E-BODG8D4AFD0982E2 5. REIMBURSEMENT REQUESTS: Reimbursement requests maybe submitted to the City at any time during the Grant Term. All reimbursement requests must be made after expenditures have occurred. All reimbursement requests for funds must be submitted on the Grant Reimbursement Request Form, attached hereto as Exhibit 4. All reimbursement requests must be submitted prior to October 100, 2025, 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 2024-2025 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 having a branch office or other physical presence 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 Page 4 D... s,gn Envelope ID. 7870CCBO-8033472E-BODC-8D4AFDD982E2 shall keep accurate and complete books and records of all receipts and expenditures of Grant funds, in conformance with reasonable accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this Grant, including, without limitation, vouchers, bills, invoices, receipts and canceled checks, shall be dated within the fiscal year for which they are approved and retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least three (3) years after the Expenditure Deadline specified in in this Agreement. These books, records, and documents may be examined by the City, and/or its authorized representatives, at the Grantee's offices during regular business hours and upon reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the financial records of the Grantee, whether or not purported to be related to this Grant. Grantee costs or earnings claimed under this Agreement may not also be claimed under any other Agreement from the City of Miami Beach or from any other entity. Any claim for double payment by Grantee shall be a material breach of this Agreement. 12. INSPECTOR GENERAL AUDIT RIGHTS: A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Page 5 Docusign Envelope ID: 787OCCBO-8033472E-80DC-8D6AFDD982E2 Grantee, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in the Grantee's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project -related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. E. The Grantee shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this contract, for examination, audit, or reproduction, until three (3) years after final payment under this contract or for any longer period required by statute or by other clauses of this contract. In addition: i. If this contract is completely or partially terminated, the Grantee shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and The Grantee shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved. F. The provisions in this section shall apply to the Grantee, its officers, agents, employees, subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Grantee in connection with the performance of this contract. G. Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Grantee or third parties. 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. Page 6 Docusign Envelope ID: 787DCCa0-8033472E-80DC-BD4AFDD982E2 14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify, 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 in connection therewith and shall investigate and defend all claims, suits, oractions 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 be permitted to assign this Grant, and any purported assignment will be void, and shall be treated as an event of default pursuant to this Agreement. 16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all applicable Federal, State, County and City laws, including but not limited to Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 17. DEFAULTITERMINATION 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 have no further obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee shall be required to immediately repay to the City all portions of the Grant which have been received by the Grantee, as of the date that the written demand is received. Page 7 Docusign Envelope 10:7870CCBO-8033d72E-BODC-81NAFDD9B2E2 Any uncommitted Grant funds which remain in the possession or under the control of the Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been committed but not expended, the Grantee must request in writing from the City Manager an extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one (1) year. Grant funds which are to be repaid to the City pursuant to this Section are to be repaid upon demand by delivering to the City Manager a certified check for the total amount due, payable to the City of Miami Beach, Florida. These provisions shall not waive or preclude the City from pursuing any other remedies that may be available to it under the law 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 effecting coverage required by this Section, as follows. All certificates of insurance and endorsements are to be received prior to any work commencing. However, failure to obtain the required coverage prior to the work beginning shall not waive the Grantee's obligation to provide them. The City of Miami Beach reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and Employers Liability Insurance with limits of no less than $1,000,000 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 8 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. Page 8 Docusign Envelope ID: 7870CCB0-8033472E-BODC-8D4AFDD982E2 iii. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. B. Additional Insured Status The City of Miami Beach must be covered as an additional insured with respect to liability arising out of work or operations performed by or on behalf of the Grantee, C. Waiver of Subrogation Grantee hereby grants to 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. Bests rating of no less than A:VII, unless otherwise acceptable to the City of Miami Beach Risk Management Office. E. Special Risks or Circumstances The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Certificate Holder Certificate holder must read: CITY OF MIAMI BEACH Go AR 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 Page 9 Docusign Envelope ID'. 7870CCe0-8033472E-0ODC-BD4AFDD982E2 transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition of 'Contractor' as defined in Section 119.0701(1)(a), the Grantee shall: i. Keep and maintain public records required by the City to perform the service: ii. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Grantee does not transfer the records to the City; iv. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Grantee keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Grantee must provide the records to the City or allow the records to be inspected or copied within a reasonable time. ii. Grantee's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. Page 10 Docusign Envelope ID: 7870CCB0-8033472E-80DC-BDdAFD0982E2 iii. A Grantee who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civil action is filed against a Grantee to compel production of public records relating to the City's contract for services, the court shall assess and award against the Grantee the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Grantee unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Grantee has not complied with the request, to the City and to the Grantee. ii. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records and to the Grantee at the Grantee's address listed on its contract with the City or to the Grantee's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. iii. A Grantee who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. F.IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOCcDMIAMIBEACHFL.GOV PHONE: 305-673-7411 Page 11 Docusign Envelope 10: 787OCCBO-8033472E-80DC-8D4AFDD982E2 20. E-VERIFY: A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E- Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Grantee shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Grantee shall expressly require that any approved sub -contractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract Term. If Grantee enters into a contract with an approved subcontractor, the subcontractor must provide the Grantee with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of the subcontract or such other extended period as may be required under this Agreement. B. TERMINATION RIGHTS. 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. li. 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)(i) or (Bxii) is not in breach of contract and may not be considered as such. J. 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 (Bxi) or (B)(ii) 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 City's training for board members, if all three of the following apply: 1) the agency is a non-profit; 2) the agency has an annual operating budget of less than $5 milliom, 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. Page 12 Dmusign Envelope ID:7870CCBO-8033472EAODGBNAFDO982E2 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 Grants Management Department listed below: Krystal M. Dobbins, Grants Management Division Director KrystalDobb insAmiamibeachfl. cov Elizabeth Carrino, Grant Writer Researcher ElizabethCarrino(d-)m iam ibeachfl.00v 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 will 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 accommodations, 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 Page 13 Docusigo Envelope 10: 7870CCB0-8033-072E-80DC-8D4AFDD982E2 disabilities from enjoying 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 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)ln accordance with Sections 943.0542, 984.01. 39.001 and 1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable, employees, volunteers, contractors, and subcontracted personnel who work in direct contact with children or who come into direct contact with children must complete a satisfactory Level 2 background screening prior to commencing work pursuant to this Agreement. Page 14 Docusign Envelope lD.78]OCCBO-8033-4I2E-80DC-BD4AFDD982E2 Level 2 Background screenings must be completed through the City of Miami Beach, Human Resources Department. Contractor agrees to complete Level 2 Background screening prior to initiating any work related to this Agreement, unless the City's Contract Administrator approves an alternative process. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 15 Docusign Envelope ID'. 7870CCBO-8033L72E-BODC-8D4AFDD982E2 EXHIBIT 1 PROJECT DESCRIPTION The Jewish Museum of Florida-FIU has strengthened the local economy and quality of life for all who live, work, and visit Miami Beach by offering its 2 historic Art Deco buildings housing its core exhibit about the immigrant experience of Jews in Florida since 1763, its revolving temporary exhibits offering diverse and engaging artists and topics and through its robust series of programs and activities. The historic partnership of JMOF and FIU in 2012 leveraged the resources of both organizations, igniting a new era of interdisciplinary education and research focused on the history of the Jewish experience in Florida, the ways in which Florida Jews infuenced and are influenced by the cultural dynamics of the state, nation and world, and issues of discrimination against all peoples in Florida throughout history. A key component was the expansion of academic programs and research on the challenges of the immigrant experiences shared by all ethnicities in Florida. By virtue of this partnership, all assets and liabilities were gifted to FIU; the Museum retains its tax-exempt status as a department within the Stale of Florida university system. JMOF-FIU has been a Cultural Anchor in the City of Miami Beach providing year-round artistic and cultural exhibits and programs which meaningfully contributes and advances the local cultural life of all City of Miami Beach residents. The museum has been a vital and growing presence in the mission and vision of the City especially in striving to be a unique urban and historic environment and a cultural entertainment and tourism capital. During this grant period JMOF-FIU will offer the following exhibits: The Hale Around Us, inspired by the actions of October 7, it showcases a century of antisemitism in Florida; Operation Moses, the story of the escape of Ethiopian Jews to Israel in 1984; The Story of Jews and Cannabis, explaining the relationship between Jews and Cannabis from as early as references in the Bible to the active research and business in which Jews are front and center; Built to Last: The Art of Steve Marcus, is a series of paintings that melds hot rod and motorcycle culture with Jewish Themes and philosophy; and Eric Finzi, the story , through art, of the escape from, Trieste , Italy, of a member of the famous Finzi-Contini family on the one and only vessel of Jewish refugees allowed into the US during WWII. In addition, the museum will hold numerous lectures and programs based on the exhibitions and will be this year's host for the Annual FIU Music Festival consisting of eight concerts. Page 16 Docusign Envelope le. LOCATION Jewish Museum of Florida FIU, 301 Washington Avenue, Miami Beach, FL 33139 GRANT ACTIVITIES The Hate Around Us Operation Recipients I Recipients Florida's constitution, The exhibit will attract members written in 1838, protected ! of the South Florida Jewish its citizens' freedom of ! community, many members of religion. However, no', ethnic groups, school groups, constitution can protect I, synagogue members, FIU people from individual ''. students, museum members and bias, group bigotry or the Holocaust educators. arrogance of ignorant minds. As numbers of ! Jews increased in Florida, so did the discriminatory acts against them, especially during times of economic or social crises. The Hate Around Us takes j the viewer through over 100 years of antisemitism in Florida through artifacts, photographs, and historical documents,.. I culled from collection of The Jewish Museum of Florida-FIU and various ! private lenders. is .I In 1984, Tudor Parfitt, I an FIU professor, arrived in Sudan. He had been sent by the London -based Minority !, Rights Group to investigate reports that the Ethiopian Jews or The exhibit will attract members of the South Florida Jewish I, community, the Ethiopian community, the African ! American community, school groups, many members of various ethnic groups, synagogue members, FIU students and museum members Beta Israel as they called themselves, !i were being poisoned by Christian Ethiopians in the refugee camps. He later stumbled over Page 17 5,000 Docusign Envelope 10. 78]OCCBO-80334]2E-BODC-BD4AFDD982E2 wnat came to De known as the first phase of Operation Moses. Operation Moses was a joint operation involving the Israeli government, the j Sudanese Secret Service, the White :. House, the State '.. Department, Mossad, 1, CIA, and the Geneva - I based International li Organization for Migration. It can be said that the rescue of 1 the Beta Israel, the so- called Black Jews of Ethiopia, was the first time that Black people had been removed from Africa, not as slaves, in chains, but as brothers. Indeed, an aspect of the operation was code -named Operation Brothers. Historic photographs from the 1980's complement the photographs from Peter Dechemey who has movingly recorded the community that stayed behind in The Story of Jews There is a rich history The exhibit will attract members b,Ut and Cannabis and long relationship of the South Florida Jewish I between Jews and i community; the business, Cannabis. References to this plant appear in the science, medicine and legal communities; the legislative Bible, the Talmud, and movements; FIU students and numerous other Jewish !. various universities; museum texts. Rabbis have', members; and potential new, 1i considered it in their young members. i writings. Cannabis has !I !� been used by Jews in !. religious ritual and for _ _ medicinal purposes from ancient times until today Page 18 Docuslgn Envelope ID:7870CCB0-8033472E-BODC-8D4AFOD982F2 __._.._—.__—r. __ __—_ ..—.__.. _. _. .... _... More recently, Jews I have been at the j forefront of scientific research and medical applications of cannabis. 1 Many Jews have also been deeply involved in the counterculture j movement as well as the medical marijuana movement, both of which j strove for legalization in '- different ways. Commercial aspects of the modern cannabis industry, from horticulture to distribution to paraphernalia, have also involved numerous i Jewish businesspeople The exhibition consists of, archival material, texts, artifacts, photographs, and various ephemera from over two thousand years ago to today. , built to Last: The The upcoming exhibition The exhibit will attract members 5,000 l Art of Steve I of artwork by New York I of the South Florida Jewish Marcus City -based artist, Steve I community, school groups, pop Marcus is a series that l culture audience, artists, seamlessly melds hot rod synagogue members, FIU and motorcycle culture students and museum members. I I with Jewish themes and i f philosophy. Marcus' I unique style, inspired by cartoons and underground comics, explores the themes of tradition, spirituality, and Jewish culture in a fun and refreshingly accessible approach to j contemporary Jewish art. l In a world that is speeding further forward toward the 1 horizon, Marcus' masterfully uses a variety of different media as vehicles that simultaneously take the viewer on a journey down the olaan road and the Page 19 Docusign Envelope ID.787OCCBO-8033472E-8ODC-BD4AFOD982E2 straight -and narrow path T that drives through the inner world of the Jewish people. Marcus has', contributed to the counterculture before his own midlife renewal and 1 this series showcases his love of life on the road while combining his passion for Rabbinical studies and Jewish culture. The exhibition subtly pays homage to his rebel youth and nomadic spirit, mesmerizing the viewer by visually li hamessing the power of i 1 spirituality and horsepower. You can learn more about Steve Marcus and the art he creates from his Lower East Side studio in Manhattan at smarcus.com and you can follow him on Instagram @smarcusart Eric Finzi Ruth Gruber, an The exhibit will attract members indefatigable of the South Florida Jewish photojournalistI community, school groups, instrumental in rescuing Holocaust educators, many 982 Italian Jews from the members of ethnic groups, ! Holocaust, was 90 when artists, synagogue members, Eric Finzi, the American- FIU students and museum born son and grandson members. of two of them, approached her at a reunion of survivors and their offspring. 'I thanked her;' recalls Finzi, there 1 with his wife and two grown children. "1 realized my children 1 existed only because of her. To realize one person could make such j a difference! I told her I exist only because of you. She just smiled. She said, It was my pleasure _to shepherd all _these Page 20 OOCoe19n Envelope ID, 7870CCBO68033-472E-80DCsD4AFDD982E2 wonderrm people across the ocean to America."' The Finzi name is j perhaps better known linked to its Conlin, relatives, as in fhe Garden of the Finzi- Cor iNs, the acclaimed 1 Academy Award -winning j 1070 Vittorio De iva film, based on a hiSstorical novel, that captured the plight of affluent and 1 educated Italian Jews as the Fascist vice was tightening. The story Eric Finzi tells resembles their plight, but in his real life version there is an escape and a happy ending. Ferrara, a city in northern Italy whose Jewish population dates to the 13th century, is Eric Finzi s ancestral I home and the setting for the film. For this exhibition, Finzi's sculptures and paintings will be on display to tell his story. —L GOALS/OUTCOMES To present at least five Our success is i exhibitions and more measured by j than 40 educational attendance reports, programs that will attract online surveys and a wide variety of people reviews. from South Florida, the US and around the world. STAFFING September 2025 Reporting Deadline Position Title De scnptionlResponsibilities to Grant Program Budget Description 1 NtA NIA - -�-NtA Docusign Envelope ID: 7870CCB0-8033472E-5DDC-8D4AFDD982E2 Line Benefits: EXHIBIT 2 PROJECT BUDGET will be needed vursiae services TrainingsfWarkshops Materials/Supplies Printing & CopYng Postage & Delivery - - t._ . Equipment Rental/Purchase _ Utilities: Telephone, Internet, Communication charges for the JMOF- $17,000 Cable Museum Lease/Rent Rental of Extra Storage needed for Art $8,000 l Collection Repairs/Maintenance, Insurance lns_ _ Transportation & Admission Page 22 Docusign Envelope ID:7820CCB0-80334?2E-800G8DAAF0D982E2 GRANTEE NAME: ❑ Oct. 1 - Dec. 31 Due Jan. 15 GOALWOUTCOMES: EXHIBIT 3 CITY OF MIAMI BEACH GRANT QUARTERLY STATUS REPORT FORM ❑ Jan_ 1 —Mar. 31 ❑ Apr. 1 — Jun. 30 Cl Jul. i - Sept30 Due Ap. 15 Due Jul. 15 Due Oct. 10 PROBLEM ENCOUNTERED: OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name City of Miami Beach Report Reviewed By: Name Page 23 Signature/Date Signature/Date Docusign Envelope ID: ]8]OCCBO-8033472E-e0DC-8lNAFDD982E2 E-MAIL ADDRESS: REQUES oT NN EXHIBIT 4 CITY OF MIAMI BEACH GRANT REIMBURSEMENT REQUEST FORM 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 City of Miami Beach Report Reviewed By: Name Page 24 Signature/Date Signature/Date DDcusign Envelope ID' GRANTS MANAGEMENT DIVISION 9/2024 1 20 1/zU24 1 27 zoza 7 0 2/2024 39 For: x City Manager's Signature Other Signature Comments: Project: Citywide Agreement FY 2024-2025 Grantee: FIU fbo The Jewish Museum Request Amount: $50,000 Budget Code Number: Olt-9322-000353-90-400-592-00-00-00 e urn oe on7e: November 15, 2024 i0: Eric Carpenter, City Manager FROM: Krystal M. Dobbins, Grants Div. Director SueIECT: Citywide Agreement FY 2024-2025 FlUfboTheJewishMuseum K stal Dobbins �k.S ii/ Isadora Gonzalez 3i/ Tameka Otto Stewart a �a z Jason Greene Sow u/ Krystal ezt. 26433 PM EST rM EST AM EST AM EST