HomeMy WebLinkAboutCMB Cultural Affairs Program and Cultural Arts Council FY 2025/2026 Cultural Affairs Grant Agreement between the CMB and Sybarite ProductionsPactima eNotary (RON) Package ID: hPUVmzerKpNcabh7Cmgy2 / Document ID: [0] ziE3fKvsgN-1g6ZK6dnGL
2025-33945
MI AM! BEAC'F
City of Miami Beach Cultural Affairs Program and Cultural Arts COUnciIMAR 0 4 2026
Fiscal Year 2025/26 Cultural Affairs Grant Agreement
This Grant Agreement ("Agreement") is entered into this 25th day of November 2025,
between the City of Miami Beach, Florida (the "City"), and ("Grantee").
Grantee Name:
Grantee Contact:
Mailing Address:
City, State, Zip:
Phone:
E-mail:
Cultural Anchor:
Federal Tax ID No
2. Grant amount:
Article I / Grant Description
Sybarite Productions
mna A exanyan
s
Miami FL 33138
917-3128002
sybaritecollective@gmaii.com
Yes No
22-3 83
$ _8,437.00 ("Grant" or "Grant Funds")
Fifty percent (50%) of the Grant Funds shall be paid to Grantee upon execution of this
Agreement, following the City's receipt and acceptance of audited financial statements or other
proof of funding source(s) which demonstrate that Grantee has secured a mandatory 1:1
match for the total Grant amount. The remaining 50% of the Grant Funds shall be paid to
Grantee upon completion of the Project (as described in Exhibit 1), and following the Grantee's
submission, and the City's prior written approval, of the Final Report.
3. Project Description: See Exhibit 1, attached hereto ("Project
Description").
4. Itemized budget: See Exhibits 2-A (Total Project Budget) and 2-B
(Grant Award Budget), attached hereto.
5. Contract effective date: October 1, 2025
6. Contract submission deadline: November 15, 2025
7. Expenditure deadline: September 30, 2026
8. Final Report deadline: Submit on GoSmart no later than,October 12.2026.
CITY OF MIAMI BE. CH
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Article II 1 General Conditions
1. Parties: The parties to this Agreement are the Grantee listed in Article I, and the City of
Miami Beach, a municipal corporation organized under the laws of the State of Florida (the
"City"). The City has delegated the responsibility of administering this Grant to the City Manager
or the City Manager's authorized designee, who shall be the City's Cultural Affairs Program
Manager.
2. Proiect Description: The Grantee may only use the Grant for the purposes that are
specifically described in the Project Description, attached hereto as Exhibit 1. Any changes to
the programming or delivery method for the programming shall require the prior written approval
of the Cultural Affairs program manager, on a case -by -case basis. Grantee shall make every
attempt to reschedule approved programming or provide alternative programming solutions,
such as live streaming.
3. Budget: All of the Grantee's expenditures shall be subject to the terms of this
Agreement, as specified in the itemized Total Project Budget (attached hereto as Exhibit 2-A)
and the Grant Award Budget (attached hereto as Exhibit 2-13).
A mandatory 1 : 1 match is required for all grants. Grant applicants must demonstrate that
matching funds in the full amount of the Grant award have been secured prior to receiving the
first grant payment. The City will review and approve audited financial statements detailing the
match through cash, grants, and/or in -kind contributions, of which in -kind contributions may not
exceed 25% of the Total Project Budget, attached hereto as Exhibit 2-A.
Line -item changes to the Grant Award Budget shall not exceed the total amount of Grant
Funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award
Budget shall not be permitted without the prior written consent of the Cultural Affairs Program
Manager. Said requests shall be made in writing, detailing and justifying the need for such
changes, in advance of the Project's commencement.
4. Reports: This Grant has been awarded with the understanding that the Project will
enhance and develop the City's cultural community. To demonstrate that the Grant is fulfilling,
or has fulfilled, its purpose, the Grantee must supply the Cultural Affairs Program Manager with
a written Final Report, which shall document the Grantee's satisfaction of all requirements. Initial
submission of the Final Report must be received by the Cultural Affairs Program Manager no
later than the date identified in Article 1-8. 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.
5. Board Training: Pursuant to City Resolution No. 2018-30552, if applicable, Grantee is
required to have 51 % or more of its board membership complete the City's training program for
board members of non-profit agencies, who must have completed such training program within
the last three years prior to Grantee receiving City funds pursuant to this Agreement. Board
training is required for agencies that have an annual operating budget of less than $5 million and
receive $25,000 or more in funding from the City. Prior to the release of the first Grant payment
to the Grantee pursuant to this Agreement.
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6. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in
Article 1-2, and payment of any portion thereof shall be subject to and contingent upon Grantee's
compliance with the terms and conditions set forth in this Agreement and approval and
appropriation of the funds in the City's budgetary process. 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 responsibility of the Grantee. 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, and provided that Grantee is otherwise in
compliance with the terms and conditions herein.
Grantee shall use all Grant funds for the purposes set forth in this Agreement and shall
expend all Grant funds on or before the Expenditure Deadline. Any uncommitted Grant funds
which remain in the possession or under the control of the Grantee as of the Expenditure
Deadline 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 may request, in writing, an
extension of the Expenditure Deadline from the Cultural Affairs Program Manager which, if
approved, shall be for a period not to exceed one (1) year. For the avoidance of doubt, the
Cultural Affairs Program Manager may deny such request, in the Cultural Affairs Program
Manager's sole discretion.
7. No guarantee of future funding The Grantee acknowledges that the receipt of this
Grant does not imply a commitment on behalf of City to continue or provide funding beyond the
terms specified in this Agreement.
8. Program Monitorinq and Evaluation: The Cultural Affairs Program Manager may monitor
and conduct an evaluation of the Project funded by this Grant, which may include, without
limitation, visits by City representatives to observe the Project, or Grantee's programs,
procedures, and operations, or to discuss the Grantee's programs with Grantee's personnel. The
Grantee agrees to conduct surveys in order to obtain specific feedback from program
participants. The Grantee will be required to submit a sampling of completed surveys, dated
within the grant period, in the Final Report.
9. 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 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.
10. Accounting and Financial Review: Any activities funded 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 accordance with reasonable accounting standards, and shall retain such
books and records for at least three (3) years after completion of the Project. 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,
must be directly related to Grant -funded activities taking place 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 Section 7.
At the request of the City, Grantee shall provide the City (and/or its designated representatives)
reasonable access to its files, records and personnel during regular business hours for the
purpose of making financial audits, evaluations or verifications, program evaluations, or other
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verifications concerning this Grant, as the City deems necessary. 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.
11. Publicity and Credits: The Grantee must include the City of Miami Beach logo
and the following credit line in all publications (where appropriate) that are related to this Grant:
With the support of the City of Miami Beach Cultural Affairs Program, Cultural Arts Council, and
the Miami Beach Mayor and City Commissioners. Grantee's failure to comply with this paragraph
may preclude future grant funding from the City, in the same manner as if the Grantee defaulted
under this Agreement, pursuant to Article 11-15. Except as specified herein, Grantee shall not use
the name, trademarks, or logos of the City without the City's advance written approval.
12. Liability and Indemnification: The Grantee shall indemnify and hold harmless the
City and its officers, employees, agents, and contractors, from and against any and all actions
(whether at law or in equity), claims, liabilities, losses, expenses, or damages, including, without
limitation, attorneys' fees and costs of defense, for personal, economic, or bodily injury, wrongful
death, or loss of or damage to property, which the City or its officers, employees, agents, and
contractors may incur as a result of claims, demands, suits, causes of action, or proceedings of
any kind or nature arising out of, relating to, or resulting from the performance of this Agreement
by the Grantee or its officers, employees, agents, servants, partners, principals, or contractors.
Grantee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which
may issue thereon. Grantee expressly understands and agrees that any insurance protection
required by this Agreement, or otherwise provided, shall in no way limit its obligation, as set forth
herein, to indemnify, hold harmless, and defend the City or its officers, employees, agents, and
contractors as herein provided.
If the Grantee is a government entity, this indemnification shall only be to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute
whereby the Grantee entity shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $200,000, or any claim or
judgment or portions thereof, which, when totaled with all other claims or judgments paid by the
government entity arising out of the same incident or occurrence, exceed the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of the Grantee entity.
13. Assignment: The Grantee shall not be permitted to assign this Grant to any other party.
Any purported assignment will be void and shall be treated as an event of default pursuant to
Article II, Section 15.
14. Compliance with Laws / Good Standing With the City: 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
Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set
forth herein. Grantee shall maintain its good standing in accordance with the laws of the State
of Florida and the City of Miami Beach Code of Ordinances ("City Code"), and shall comply with
any City Code requirement applicable to Grantee or to the Grantee's operation its business or
other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate
of Use or Business Tax Receipt(s) that may be required for any business activity, and timely
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making payment of all taxes, fees or charges that may be due to the City of Miami Beach.
Grantee shall promptly take corrective action to correct any City Code violation or notice of
violation issued by any governmental agency with jurisdiction over Grantee. Further, Grantee
agrees to comply with the terms and conditions of any lease, contract, or other grant agreement
that Grantee may have separately entered into with the City of Miami Beach ("Other City
Contracts"). Any failure by Grantee to comply with any provision of the City Code applicable to
Grantee, or any breach or default by the Grantee of any covenant or other term or condition
contained in any Other City Contracts (after the passage of any applicable notice and cure
provision set forth therein), shall, at the option of the City, be considered a Default (as such term
is defined more fully below in Article II, Section 15 of this Agreement), in which event the City
shall be entitled (but in no event required) to apply all rights and remedies available to the City
under the terms of this Agreement by reason of a Grantee's breach or failure to comply with said
obligations.
15. Default/Termination Provisions: In the event the Grantee shall fail to comply with any
of the covenants, terms or provisions of this Agreement, including, without limitation, any failure
of Grantee to (i) secure 1:1 match funds in accordance with the requirements set forth herein;
(ii) complete the Project, as expressly contemplated in the Project Description; (iii) timely submit
any reports, when due, as required under this Agreement, or properly provide an accounting of
Grant Funds, including, without limitation, in accordance with Article II, Section 10 herein; (iv)
use the Grant Funds solely for the limited purposes described in the Project Description (and
allowable grant expenditures as set forth herein); and (v) comply with any other term or condition
of this Agreement, including, as set forth in Article II, Section 14, any failure to comply with any
term or condition contained in any other City contracts, or any provision of the City Code
applicable to Grantee (each, a "Default"), the Cultural Affairs Program Manager 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. Any unexpended Grant Funds which remain in the
possession or under the control of the Grantee as of the date of termination must be returned to
the City within fifteen (15) days after the termination date.
Further, in the event of a Default, at the Cultural Affairs Program Manager's sole
discretion, the Grantee may be required to immediately repay to the City all or a portion of the
Grant which has been received by the Grantee, whether or not such funds have been expended,
as of the date that the written demand is received ("Demand for Recapture").
Grant Funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the Cultural Affairs Program 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.
Grantee further acknowledges and agrees that any Default may, at the City's sole
discretion, render Grantee ineligible for any future grant funding, as provided below.
In the event of a Default, the following provisions will also apply:
a. For first-time violations — Grantee shall be required to submit a final report with
documentation of expenditure of all Grant Funds already received up to the date of
termination and/or the Demand for Recapture. Additionally, Grantee will be ineligible
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to apply for or receive a grant in the subsequent City fiscal year. However, Grantee will
be allowed to apply for grants in fiscal years following the subsequent City fiscal year.
b. For more than first-time violations - Any compliance infractions beyond first-time
violations will be addressed by the Cultural Affairs Program Manager, on a case -by -
case basis. In connection therewith, the Cultural Affairs Program Manager shall obtain
the recommendation of the Cultural Arts Council, but the final decision as to whether
Grantee may be allowed to apply for future grants shall remain within the sole discretion
of the City.
Notwithstanding any provision of this Agreement to the contrary, 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
unexpended Grant Funds.
The City reserves the right to suspend this Agreement and all funding hereto upon a
determination, in the City Manager's sole discretion, that any portion of the Grantee's project
described in Exhibit 1 is found to be contrary to the City's values and/or interests in promoting a
safe and inclusive environment for residents and visitors. Any such suspension shall be effective
upon transmission by the City of written notice of suspension and shall remain in effect until
Grantee receives written notice from the City Manager declaring the suspension over. The City
shall have no liability to the Grantee as a result of a suspension under this Section 15(d).
16. Written Notices: Any written notices required under this Agreement will be effective
when delivered in person, by email or upon receipt of a certified letter addressed to the Grantee
at the address specified in Article 1-1 of this Agreement, and to the City when addressed as
follows: Cultural Affairs Manager, City of Miami Beach Dept. of Tourism and Culture, 1755
Meridian Avenue, Suite 500, Miami Beach, Florida 33139-1819.
Article III / Miscellaneous Provisions
17. No Waiver: No waiver of any breach or failure to enforce any of the terms, covenants,
conditions or other provisions of this Agreement by City at any time shall in any way affect, limit,
modify or waive City's right thereafter to enforce or compel strict compliance with every term,
covenant, condition or other provision hereof.
18. Caotions 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.
19. 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 and signed by both parties. Any change to the Grant Amount shall require approval by
appropriate action by the Mayor and City Commission.
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20. Public Purpose. The Grant awarded herein is the result of an extensive public review
process, which found 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.
21. No Discrimination. The Grantee also accepts and agrees to comply with the following
special conditions:
The Grantee hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964
(42 U.S.C. 2000d et seq.), which prohibits discrimination on the basis of race, color, national
origin, handicap, or sex.
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.
The City endorses, and Grantee shall comply with, the clear mandate of the Americans
with Disabilities Act of 1990 (ADA) to remove barriers that prevents qualified individuals with
disabilities from enjoying the same employment opportunities that are available to persons
without disabilities.
The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504
and prohibits discrimination on the basis of disability. Accordingly, the City requires that Grant
recipients provide equal access and equal opportunity and services without discrimination on the
basis of any disability.
The Grantee hereby acknowledges that the City of Miami Beach has recognized the
growing problem of antisemitism in the United States and has adopted the International
Holocaust Remembrance Alliance's ("IHRA") Working Definition of Antisemitism, along with its
examples component, as an important educational tool to address it, as more fully set forth in
City of Miami Beach Resolution 2020-31453.
22. 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, THE CITY 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.
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23. Florida Public Records Law.
A. Contractor 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 Contractor meets the definition
of "Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
1. Keep and maintain public records required by the City to perform the service;
2. 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;
3. 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 Contractor does not transfer the records to the City;
4. Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. If the Contractor keeps and maintains public
records upon completion of the Agreement, the Contractor 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.
1. 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 Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
2. Contractor's failure to comply with the City's request for records shall constitute a
breach of the 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.
3. A Contractor 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.
1. If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Contractor the reasonable costs of enforcement, including reasonable attorney
fees, if:
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a. The court determines that the Contractor unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least eight (8) business days before filing the action, the plaintiff provided
written notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the Contractor.
A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor'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.
A Contractor who complies with a public records request within eight (8) business
days after the notice is sent is not liable for the reasonable costs of enforcement.
F. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(c-MIAMIBEACHFL.GOV
PHONE: 305-673-7411
24. InsDector General Audit Riahts.
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 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.
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C. Upon ten (10) days written notice to Grantee, 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 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 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. 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
Agreement, for examination, audit, or reproduction, until three (3) years after final payment under
this Agreement or for any longer period required by statute or by other clauses of this contract. In
addition:
If this Agreement is completely or partially terminated, Grantee shall make
available records relating to the work terminated until three (3) years after any
resulting final termination settlement; and
Grantee shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved.
F. The provisions in this section shall apply to Grantee, its officers, agents, employees,
subcontractors and suppliers. Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by Grantee in connection with the performance
of this Agreement.
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 Grantee or third parties.
25. Force Maieure
A. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance
of the Grantee or the City's obligations under the Agreement, and (ii) is beyond the reasonable
control of such party unable to perform the obligation, and (iii) is not due to an intentional act,
error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen
and prepared for by such party at any time prior to the occurrence of the event. Subject to the
foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires,
epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine
restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or
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other acts of God which prevent performance. Force Majeure shall not include technological
impossibility, inclement weather, or failure to secure any of the required permits pursuant to the
Agreement.
B. If the City or Grantee's performance of its contractual obligations is prevented or
delayed by an event believed by the party to be Force Majeure, such party shall immediately upon
learning of the occurrence of the event or of the commencement of any such delay, but in any
case within fifteen (15) business days thereof, provide notice of (i) of the occurrence of event of
Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact
on the Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such
party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of
the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of
any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance
that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of
proof of the occurrence of a Force Majeure event shall be on the requesting party.
C. No party hereto shall be liable for its failure to carry out its obligations under the
Agreement during a period when such party is rendered unable, in whole or in part, by Force
Majeure to carry out such obligations. The suspension of any of the obligations under this
Agreement due to a Force Majeure event shall be of no greater scope and no longer duration
than is required. The party shall use its reasonable best efforts to continue to perform its
obligations hereunder to the extent such obligations are not affected or are only partially affected
by the Force Majeure event, and to correct or cure the event or condition excusing performance
and otherwise to remedy its inability to perform to the extent its inability to perform is the direct
result of the Force Majeure event with all reasonable dispatch.
D. Obligations pursuant to the Agreement that arose before the occurrence of a Force
Majeure event causing the suspension of performance shall not be excused as a result of such
occurrence unless such occurrence makes such performance not reasonably possible. The
obligation to pay money in a timely manner for obligations and liabilities which matured prior to
the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions.
E. In no event will any condition of Force Majeure extend this Agreement beyond its stated
term. If any condition of Force Majeure delays a party's performance for a time period greater
than thirty (30) days, the party not delayed by such Force Majeure may terminate this Agreement,
without further obligation, except with respect to provisions which are intended to survive the
expiration or termination of the Agreement.
F. Notwithstanding any other provision to the contrary herein, in the event of a Force
Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend City's
payment obligations under the Agreement, and may take such action without regard to the notice
requirements herein.
26. 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 any approved subcontractor performing work or
providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland
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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 Agreement or such other extended
period as may be required under this Agreement.
B. TERMINATION RIGHTS.
1. 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 City
shall thereafter have or owe no further obligation or liability to Grantee.
2. If the City has a good faith belief that a subcontractor has knowingly violated Section A
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 the Grantee's contract for cause.
3. A contract terminated under the foregoing Subparagraphs (B)(1) or (13)(2) is not in breach
of contract and may not be considered as such.
4. 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 (13)(1) or (B)(2) no later
than 20 calendar days after the date on which the contract was terminated.
5. If the City terminates the Agreement with Grantee under the foregoing Subparagraph
(B)(1), Grantee may not be awarded a public contract for at least 1 year after the date of
termination of this Agreement.
6. Grantee is liable for any additional costs incurred by the City as a result of the termination
of this Agreement under this section.
27. Grantee's Compliance with Anti -Human Trafficking Laws. Grantee agrees to comply
with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed
the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti -human
trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached
hereto as Exhibit 3 and incorporated herein.
28. Prohibition On Contracting With A Business Engaging In A Boycott. Grantee warrants
and represents that it is not currently engaged in, and will not engage in, a boycott, as defined
in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code,
Grantee hereby certifies that Grantee is not currently engaged in, and for the duration of the
Agreement, will not engage in a boycott of Israel.
29. Prohibition On Contracting with an Individual or Entity Which Has Performed Services
for Compensation to a Candidate for City Elected Office. Grantee warrants and represents that,
within two (2) years prior to the Effective Date, Grantee has not received compensation for
services performed for a candidate for City elected office, as contemplated by the prohibitions
and exceptions of Section 2-379 of the City Code.
For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section
2-379 of the City Code shall not apply to the following:
A. Any individual or entity that provides goods to a candidate for office.
B. Any individual or entity that provides services to a candidate for office if those same
services are regularly performed by the individual or entity in the ordinary course of business for
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clients or customers other than candidates for office. This includes, without limitation, banks,
telephone or internet service providers, printing companies, event venues, restaurants, caterers,
transportation providers, and office supply vendors.
C. Any individual or entity which performs licensed professional services (including
for example, legal or accounting services).
30. Prohibition Against Contracting with Foreign Countries of Concern when an Individual's
Personal Identifying Information May Be Accessed. Grantee hereby agrees to comply with
Section 287.138, Florida Statutes, as may be amended from time to time, which states that as
of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to,
or enter into, a contract with an entity which would grant the entity access to an individual's
personal identifying information (PII), unless the entity provides the governmental entity with an
affidavit signed by an officer or representative of the entity under penalty of perjury attesting that
the entity does not meet any of the criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida
Statutes: (a) the entity is owned by a government of a foreign country of concern; (b) the
government of a foreign country of concern has a controlling interest in the entity; or (c) the entity
is organized under the laws of or has its principal place of business in a foreign country of
concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138
(1)(c), Florida Statutes, as may be amended from time to time, as the People's Republic of China,
the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea,
the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic,
including any agency of or any other entity of significant control of such foreign country of
concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a
contract with a Prohibited Entity. Grantee warrants and represents that it does not fall within the
definition of a Prohibited Entity, and as such, has caused an authorized representative of
Grantee to execute the "Prohibition Against Contracting with Entities of Foreign Countries of
Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit 4.
31. Background Screening Requirement. (ONLY IF GRANTEE OR GRANTEE'S
EMPLOYEES WILL BE IN CONTACT WITH CHILDREN DO YOU NEED THIS BACKGROUND
SCREENING REQUIREMENT) In accordance with Sections 943.0542, 984.01, 39.001 and
1012.465, Florida Statutes and Chapters 430, 435, and 402, Florida Statutes, as applicable,
employees, volunteers, contractors, and subcontracted personnel who work in direct contact with
children or who come into direct contact with children must complete a satisfactory Level 2
background screening prior to commencing work pursuant to this Agreement.
Level 2 Background screenings must be completed through the City of Miami Beach,
Human Resources Department. Contractor agrees to complete Level 2 Background screening
prior to initiating any work related to this Agreement, unless the City's Contract Administrator
approves an alternative process.
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Exhibit 1 / Project Description
Date(s) of Project:
Instructions: Describe the Project, in complete detail, as approved by the Cultural Arts Council.
In a separate narrative, detail all revisions to the Project, as approved by the City Commission.
Please be as specific as possible, and include the name of any events, specific dates, venues,
times, artists, etc. Use an extra page if necessary.
Proiect descriDtion as approved by the Cultural Arts Council:
The project originally approved by the Cultural Arts Council was titled "LOVEisLOVE MIAMI" and was scheduled as a
one -day public cultural arts event on November 2, 2024 at Normandy Fountain, Miami Beach, Florida. The project was
designed as a community -based music, arts, and cultural engagement event targeting ages 25-55, with a focus on
legacy Hip Hop audiences and local creative communities.
The project would feature live DJ performances, visual art creation, community engagement, and cultural expression.
The approved artist roster included: DJ LS One, DJ Tony Touch, UnCutt Art, Dister Rondon, Tierra Armstrong, Marcus
Blake, Jessica Freitas, Cynthia Rose, Underground Souls, and Jarobi White.
The project partners originally listed Normandy Fountain, Miami -Dade in Miami Beach Cultural Affairs, BAAC, CRA,
and GMVTB.
Proiect description as revised (if applicable) based upon the City Commission approved award:
Changes to projects funded by Grants awarded under the Artistic Disciplines program must
still adhere to the requirement that the work is new or has never before been presented in
Miami Beach.
The project was subsequently revised, expanded, and rescheduled as a result of venue timelines, expanded
partnerships, and programming enhancements. The revised project was retitled and publicly branded as the
"LOVEisLOVE MIAMI HIP HOP BLOCK PARTY." The event date was officially changed from November 2, 2024,
to Saturday, November 8, 2025, while retaining the original venue of Normandy Fountain. The revised approved
public event hours were 4:00 PM to 10:00 PM.
The revised project significantly expanded in scope and structure. The general "community arts event" concept
was formally developed into a five -element Hip Hop cultural festival, explicitly including: DJing, MCing,
Breakdancing (dance battle), Graffiti / visual art, and Knowledge -based cultural vendors and education.
A new program component - an All -Styles Dance Battle - was added from 4:00 PM to 6:00 PM, featuring judges
Speedy Legs, KSole, and Rios, with DJ Rogue providing battle music. This competitive dance program did not
exist in the original approved scope.
To further align with the Hip Hop theme, revised project featured live graffiti installations and mural -style
demonstrations, cultural knowledge vendors and community organizations, formal musical curation by Dante's
HiFi+ in partnership with DJ Rich Medina, a structured evening performance block from 6:00 PM to 10:00 PM
Modifications to the artist lineup included the addition of DJ Rich Medina, Mike Flo, Unit #3, DJ Heron, and DJ
Rogue and the exclusion of Tierra Armstrong and Dister Rondon. The dance battle welcomed performers from a
range of dance styles.
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Exhibit 2-A: Total Project Budget
Complete the below Total Project Budget for your awarded artistic and cultural project.
Round off all numbers to the nearest dollar.
EXPENSES
CASH IN -KIND
REVENUES
CASH IN -KIND
I Personnel - Artistic
Admissions
Personnel - Technical
Corporate support
$300
$4,100
Personnel — Administration
Foundation support
Outside artistic
fees/services
$4,400
$1,600
Individual support
Outside other fees/services
$16,263
City of Miami Beach Grant
(must not exceed 50% of the
total grant revenues
$8,437
Marketing/Publicity
$1,715
Other Government Grants:
Space rental
1. Federal
Utilities
2. State
Equipment rental
$2,500
NORTH BEACH COMMUNITY
Other: REDEVELOPMENT AGENCY
$7,500
Office supplies
Other: Department of Cultural Affairs Grants
$6,366
Other: Insurance
$225
Other:
Other:
Other:
Other:
Other:
Other:
Other:
Total cash expenses
$22,603
Total cash revenues
$22,603
Total in -kind expenses
$4,100
Total in -kind revenues (may
not exceed 25% of the Total
Project Budget)
$4,100
Total Project Expenses
(must equal or exceed
grant award plus 1:1
matching funds):
$26,703
Total Project Revenues
(must equal or exceed
grant award plus 1:1
matching funds):
$26,703
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Exhibit 2-B: Grant Award Budget (Page 1 of 2)
Directions: Identify and itemize cash expenses to be paid from Grant award funds. Grant
awards may only be spent within budget categories declared below. Line -item changes to said
Budget shall not exceed the total amount of Grant Funds.
All costs included in this budget, whether such costs are paid for with Grant funds, Grantee's
separate match funding, or otherwise paid for at Grantee's sole cost and expense, must be
directly allocable to the Project activity, allowable, and adequately documented. Actual,
allowable expenditures must be reported on all payment requests and financial reports.
Only include costs expected to be incurred during the Term of this Agreement. Do not include
unallowable costs. Unallowable costs cannot be supported with Grant funds OR with matching
funds.
Allowable Grant Expenditures Related to Grant Project:
• Artistic, technical, and outside artistic fees directly related to the proposed program or
event that occur within the City of Miami Beach;
• Marketing, publicity, and printing;
• Honoraria;
• Postage;
• Equipment rental and expendable materials;
• Equipment rental and personnel necessary to provide program accessibility as
mandated by the Americans with Disabilities Act (ADA) and Section 504 of the
Rehabilitation Act of 1973;
• Space rental (performance -related only); and
• Production costs related to the proposed program, project or event.
Grant Use Restrictions
Grant Funds may not be used towards the following activities or items:
• Remuneration of City of Miami Beach employees for any services rendered as part of a
project funded by the City's Cultural Affairs grant programs;
• Administrative salaries or fees (Cultural Anchors are excluded from this restriction);
• "Brick and mortar" expenses or permanent equipment (unless the purchase price is less
than the cost of rental);
• City of Miami Beach fees or services (permit fees, off duty police, electricians, insurance,
etc.);
• Debt reduction;
• Indirect or general operating costs related to the operation of the organization (Cultural
Anchors are excluded from this restriction);
• Travel or transportation;
• Insurance Fees (Cultural Anchors are excluded from this restriction);
• Social and/or fundraising events, beauty pageants or sporting events;
• Hospitality costs, including decorations or affiliate personnel, with the exception of artists;
• Cash prizes;
• Lobbying or propaganda materials;
• Charitable contributions; and
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• Events not open to the public, unless the event serves to specifically benefit City of
Miami Beach government and has been previously approved as such by the Cultural
Affairs Program Manager.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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Exhibit 2-13: Grant Award Budget (Page 2 of 2)
EXPENSES
CASH
Personnel - Artistic
Personnel - Technical
Personnel - administration*
*Cultural Anchors
Grantees ONLY
Outside Artistic Fees
$1,100.00
Marketing/Publicity
$700.00
Printing
Postage
Equipment Rental
Space Rental (Performance
Related On
Other Costs (itemize below)
1. Production Support + Arts Consultant
$6,637.00
2.
3.
4.
5.
Total grant expenses $8,437.00
(must equal grant award):
Required supporting materials for final reports:
• Grantees with an operating budget of $100,000 or more and file a formal IRS Form
990 shall only need to provide the most recent IRS 990 filing as proof of payment.
If the grantee has an operating budget of below $100,000 and/or files an IRS 990N/
990EZ, then said grantee shall provide the City with copies of all receipts, invoices,
cancelled checks (copies of both front and back) and proof of expenditures of Grant
monies. GRANTEE SHALL CATEGORIZE ALL RECEIPTS, INVOICES, AND
CANCELLED CHECKS, ETC. ACCORDING TO THE CATEGORIES SET FORTH
IN THE GRANT BUDGET. (For example, all artist payments shall be separate
from advertising payments). Invoices and checks must be directly related to
expenses for Grant -funded activities taking place within the City of Miami Beach
and within the designated Fiscal Year.
• Grantees are required to keep valid documents and records for up to five (5) years
after the fiscal year is complete.
• Proof of City logo and credit line in Project publications and advertisements.
• Proof of performance(s), such as programs, brochures, and flyers.
Page 19
EXHIBIT 3
ANTI -HUMAN TRAFFICKING Af FIDAVI f
In accordance with Sect'On /87 06 (13), Flortda Statutes, tthn undemigned on behalf of
Consultant hereby attests under penalty of perjury that Consultant does not use coerrron for lab -of
or services as defined to Section 187.06, Florida Statutes, entitled 'Human f rafflckung"
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in
this affidavit and that the punishment for knowingly making a false statement Includes fines and/ro
tmpnsonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant
CONSULTANT:
J
-------------
Name/Title: _ .,.�•1.:� .�/rise,-��.,�.�_
State ofN�/.�
County of
not -for -profit corporation
- (Address)
15� K-1, 1.^ # , C--7L
The foregoing instrument was acknowledged before me b means of,physical presence or
online n tarization, this /5--�� day of -� r' j6g7 2025
�s _X� .C'Lc fi✓� of
�tthie
n' not -far profit corporation, known la
me toerson descr,bed herein, or who produced as
identification, and who did/did not take an oath.
NOT R PUBLIC,
is at re} !— -
"— DANIEL WATSON w'
Jame} �' Notary Pubtk Sate
I Commmum I NN
imissionexpires: 01! "� ~ My Comm. Expires J
Page 20
EXHIBIT 4
PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN
AFFIDAVIT
In accordance with Section 287 138, Florida Statutes, incorporated herein by reference the
undersigned. on behalf of Consultant, hereby attests under penalty of perjury that Consultant
does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida
Statutes- (a) Consultant is owned by a government of a foreign country of concern; (b) the
government of a foreign country of concern has a controlling interest in Consultant; or (c)
Consultant is organized under the laws of or has its principal place of business in a foreign country
of concern
I understand that I am swearing or affirming under oath, under penalties of perjury, to the
truthfulness of the claims made in this affidavit and that the punishment for knowingly making a
false statement includes fines and/or imprisonment.
The undersigned is authorized to execute this affidavit on behalf of Consultant
CONSULTANT:
r,�j l , n ��[� rr'��>0?5• a __%� ��_ not -for -profit corporation.
ex
(Address)
ress) -�
Name/Title:
State of
County of
The foregoing instrument was acknowledged before me by means of !/physical presence or C]
line notarization, this 1S day of�,Ct�mi� __ 2025 by
of
is
! r, i a i2r�� not -for -profit corporation, known to
�4r __—
me be the person described herein or who produced . �i�t!Grs .1-•'c�� as
i entification, and who did/did not take an oath.
NO.TA�Y PUBLIC
(nature)
�G�rl CA ice- _
( Print Name) My commission expires. Oil 2h L v� l
/'i►Cr
CANIEL wATSON WO-E
NOtAry R:t jI c - Stitt Cf FIC CIA
C0 M j,SiM t MM 7,14156
an.
My Ccmm. El'If#S Ju2a. 242o
TOURISM AND CULTURE DEPARTMENT
DATE:
3/4/2026
TO:
Blake Govan
FROM:
Lissette Arro ante, Tourism and Culture Director
PHONE:
305.673.7577 ext. 26618 K)
SUBJECT:
Cultural Arts Council FY 26 Grant Contracts
For:
Information Only
Review
X
Signature (Mayor Steven Meiner)
Other
Comments:
Attached hereto are 11 of the 59 Cultural Arts Council FY 26 Grant
Contracts. Attached contracts have been form approved by the City
of Miami Beach Legal Team, signed/notarized b t�pecific
grantee, and require the signature of Mayor Steven Meiner. Please
note that the grant amounts per organization have been approved
through the September 30, 2025, City Commission meeting via
"Exhibit D". 23 agreements still remain.
RESO No. 2025-33945. item R7B
Commission Date: 09130125
Once signed by the Mayor, the documents may be attested by the
City Clerk.
Please return by 5PM on Thursday, March 5, 2026.
2025-33945
Return to:
® Tourism and Culture c/o Danielle Bender
Ext:ft'26s7---r-
C &&-