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Environment and Sustainability Grants for Miami Beach Garden Conservancy Inc d/b/a MB Botanical Garden. $10,000 do1G -c2 35� City of Miami Beach Environment and Sustainability Grants Fiscal Year 2016/17 This Grant Agreement("Agreement") is entered into this 2-9 day of " 4 , 20 1 ;between the City of Miami Beach, Florida(the"City"), and("Grantee"). lUml ( ec�h Article I/Grant Description tb k 1. Grantee: lei Rad/cagier) CoincevvaiticV inc. oU{zlnlCd &2V eh Grant Contact: ksan6 Q (Millivolt/1 Address: 2000 C0A veJ'1f ioV1 Certek pr. City, State, zip: Miami 12,ea -1 Fl, 33I3q Phone,fax, e-mail: P. ' ()S`61 -12c,1, / F. 30S- 535-Sb$3 Sannov@vvikl cvAer.vlrqJJ 2. Grant amount: $1 O 000 ("Grant"or"Grant Funds") 50%of the Grant Funds shall be paid to Grantee upon execution of this Agreement.The remaining 509of the Grant Funds shall be paid to Grantee upon completion of the Project,and following the submission by the Grantee and the approval by the City of the Final Report. 3. Project Description: See Exhibit 1, attached hereto("Project"or"Project Description"). 4. Itemized budget: See Exhibits 2-A(Project Budget)and 2-B (Grant Award Budget),attached hereto. 5. Contract execution deadline: January 1, 2017 6. Expenditure deadline: January 1,2018 7. Project completion date: OeCQvkoeX r ta(A. - . 8. Final Report deadline: Must be postmarked or delivered no later than 45 days after Project i / completion date. /; IN WITNESS WHERE*. ;- J''_• es hereto have executed this Agreement this �'7 day of �rLA ,2016. % 7 Philip Levine,Mor f' 7 ZJ Signatur ✓ Attest: / � 312.s i.') S E OF FLORIDA,COUNTY OF MIAMI-DADE Rafael Grj' dgs� ty Ole <--'-`r,--'' - '? (Grantee Corporate ' ,,Seal Here) I ,,f' ..,,,,, ,The foregoing instrument was acknowledged before me i tts 30 day of De,GP,ien 6-e,r 2016, by ;At kyle- 5. c64-f'7rU of -in c• - t4 ', 1)41• Sea al~ 6w' ek Go.t$e(limn A not-for-profit corporation. He/She is personally known to me or has [ Produced F L . Di— as ., , '?identification. GRANTEE: "'"•. E " EZADA bS - bg I03( _:r� 1'TTi4, .. . Federal ID#: Signature I Tal.-7......w..-- jbl BY: ✓ IOC •,,-...:-..44 9(PIRES:September 14,2020 J. 6t-174-Pi '°i a Bonded Pau Notary Public Underwriters L Printft*1€ u? ame of Organization's Authorized Representative (City Attorney Approval below this linel Notary Name: 12 AA vile vt Se bo S.1 L.„ a,-e-0-4,.. Notary Public,State of Florida My Commission Expires: SCP/GO, V" 11, ZoZO APPROVED AS TO FORM & LANGUAGE & FO EXE UTION City Attorney l\ Date Article Il / 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 his authorized designee, who shall be the Environment and Sustainability Director. 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. All of the Grantee's expenditures shall be subject to the terms of this Agreement, as specified in the itemized Grant Award Budget, attached hereto as Exhibit 2-B. Line item changes to the Project Budget shall not exceed ten percent (10%) per category, and shall, in no event, exceed the total amount of Grant Funds. Notwithstanding the preceding sentence, amendments to the itemized Grant Award Budget in Exhibit 2-B shall not be permitted without the prior written consent of the Environment and Sustainability Director. Said requests shall be made in writing, detailing and justifying the need for such changes, in advance of the Project's commencement. 3. Reports: This Grant has been awarded with the understanding that the Project will enhance and develop the City's natural environment and conservation efforts. To demonstrate that the Grant is fulfilling, or has fulfilled, its purpose, the Grantee must supply the Environment and Sustainability Director with a written quarterly report and a written Final Report, which shall document the Grantee's satisfaction of all requirements. This report must be received by the Environment and Sustainability Director within 45 days of the Project's completion date. 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. 4. Amount of Grant and Payment Schedule: The total amount of the Grant is specified in Article 1-2 (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 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. 5. 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. 6. Program Monitoring and Evaluation: The Environment and Sustainability Director 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. 7. Bank Accounts and Bonding: Grantee shall maintain all monies received pursuant to this Agreement in an account with a bank or savings and loan association that is located in Miami-Dade County. The Grantee shall provide the City with the name of the bank or savings and loan association, as well as the name and title of all individuals authorized to withdraw or write checks on Grant Funds. 8. Accounting and Financial Review: Any activities funded by this Grant must take place during the time for which the Grant is approved (January 1, 2017 — January 1, 2018). 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 four (4) 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, Page 2 of 10 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 two (2) years after the Expenditure Deadline specified in Article 1-6. 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 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. 9. Publicity and Credits: The Grantee must include the City of Miami Beach logo and/or the following credit line in all publications including social media channels (where appropriate) that are related to this Grant: City of Miami Beach and Miami Beach Rising Above. 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 11-13. Except as specified herein, Grantee shall not use the name, trademarks, or logos of the City without the City's advance written approval. 10. 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. 11.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 11-13. 12. 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 Miami Beach City Code, as amended, which is incorporated herein by reference as if fully set forth herein. 13. Default/Termination Provisions: In the event the Grantee shall fail to comply with any of the provisions of this Agreement (a "Default"), the Environment and Sustainability Director 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 Page 3 of 10 Agreement. Further, in the event of a Default, at the Environment and Sustainability Director's sole discretion, the Grantee shall be required to immediately repay to the City all or a portion of the Grant which has been received by the Grantee, as of the date that the written demand is received ("Demand for Recapture"). 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 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 Environment and Sustainability Director, on a case-by-case basis. The final decision as to whether Grantee may be allowed to apply for future grants shall remain within the sole discretion of the City. 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 Article 1-6 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 Environment and Sustainability Director 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 Environment and Sustainability Director 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. c. Notwithstanding the provisions of Section 13(a) or 13(b) of this Agreement, 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. 14. 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. 15. Written Notices: Any written notices required under this Agreement will be effective when delivered in person or upon receipt of a certified letter addressed to the Grantee at the address specified in Article I-1 of this Agreement, and to the City when addressed as follows: Yanira Pineda, Sustainability Specialist, Environment and Sustainability Department, 1700 Convention Center Drive, Miami Beach, Florida 33139-1819. Page 4 of 10 16. 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. 17. 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, and approved by appropriate action by the Mayor and City Commission. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 5 of 10 Article Ill / Miscellaneous Provisions 18. 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. 19. 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, housing and public accommodations on account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation. 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. 20. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 6 of 10 Exhibit 1 / Project Description Organization: Miami Beach Garden Conservat Instructions: Describe the Project, in complete detail, as approved by the Grants Selection Committee and the City Commission. Please be as specific as possible, and include the name of any events, specific dates, etc. Use an extra page if necessary. Proiect description as approved by City Commission and the Grants Selection Committee: The project is to expand the MBBG's Native Garden with a Pine Rockland demonstration garden.Our goal is to create an environment where native plants specific to our ecosystem are grown.We believe that these types of plants have tremendous benefit to our local community by providing habitat for indigenous fauna(imperiled species of butterflies,birds and other pollinators)but also provide ecosystem services specific to our local needs which include storm water and wind buffering and erosion protection.By creating this demonstration garden,we will actively encourage neighbors and South Florida locals to consider their landscape pallet as part of their environmental footprint.By expanding our native installations in the garden,we will also be able to grow and stock our offerings for the community to buy in our nursery and offer a adopt- a-pine program. The proposed demonstration garden will be located in Miami Beach Botanical Garden,in an existing space approximately 25 by 25'between the Japanese and Native Garden,near the fence line of 19th street.The installation will have access points through the Japanese garden,the Native Garden and the pathway that connects the two.The plant pallet will include specie: found in a Pine Rockland ecosystem.The vast majority of our precious Pine Rockland habitat and species have become extinct or threatened as a result of urbanization,including the historic Pinus elliotus densa"Dade County Pine"or"South Florida Slash Pine".With this installation,we will raise awareness regarding the benefits of native landscaping while preserving species and becoming a source for seeds,sprouts and saplings for the community.The roots of Miami Beach Botanical Garden were started in a time when the city was vulnerable to storms and as a way to improve the islands resilience and our standard of living and comfort.Since the 1920s,the Miami Beach Garden Club and City of MB has witnessed tremendous urbanization and density.The Miami Beach Botanical Garden,home to the MB Garden Club remains as an active open space,promoting environmental education and enjoyment in the outdoor world.We believe that the garden is uniquely positioned to impact Miami Beach residents by fostering a sense of place and a connection,while exploring our understanding and relationship to South Florida's ecosystems.We hope that visitors experience this demonstration,gain appreciation for beautiful thriving habitats while beginning to understand the vital role that open space and environmental stewardship plays in keeping our city safe,beautiful and sustainable.The scope of this grant proposal is too provide dedicated space in the garden,plant materials,signage,educational materials/tours and plants for the nursery for sale to the public.All work above will be headed by Sanna O'Sullivan,Lead Gardener with the help of garden staff and director,collaborating parties and dedicated local volunteers. Page 7 of 10 Exhibit 2-A: Project Budget/ Revised Total Project Budget Name of organization: Miami Beach Botanical Garden Date(s) of Project: 1/1/2017-1/1/2018 Attach a copy of the total Project budget or list cash expenses and cash revenues specifically identified with your program, project, or events. Round off all numbers to the nearest dollar. Project Budget Line item Operations/Supplies Plant Material $3,000 Equipment $350 Rocks,soil, mulch $2,000 Signage,labels $1,500 Marketing/Educational material $1,000 Subtotal $7,850 Administrative/Indirect Costs Delivery/Install fees $700 Design consultation and fees $150 Adopt-a-pine program $500 Nursery stock $500 Replacement stock $300 Subtotal $2,150 TOTALS $10,000 Page 8 of 10 Exhibit 2-B: Project Budget/ Revised Grant Award Budget Name of organization: Miami Beach Botanical Garden Date(s) of Project: 1/1/2017-1/1/2018 Grant Award: $10,000 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 ten percent (10%) per category, so long as said expenditures do not exceed the total amount of Grant funds. Project Budget Line item Operations/Supplies Plant Material $3,000 Equipment $350 Rocks,soil,mulch $2,000 Signage,labels $1,500 Marketing/Educational material $1,000 Subtotal $7,850 Administrative/Indirect Costs Delivery/Install fees $700 Design consultation and fees $150 Adopt-a-pine program $500 Nursery stock $500 Replacement stock $300 Subtotal $2,150 TOTALS $10,000 Page 9 of 10 Allowable Grant Expenditures Related to Grant Project: • Fees directly related to the proposed program, project or event; • Production costs related to the proposed program, project or event; • Honoraria; • Equipment rental and expendable materials; • Marketing; • Publicity; and • 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. 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 Environment and Sustainability grant programs; • Administrative salaries or fees • "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 • Travel or transportation; • Insurance Fees • Social and/or fundraising events, beauty pageants or sporting events; • Hospitality costs, including decorations or affiliate personnel; • Cash prizes; • Lobbying or propaganda materials; • Charitable contributions; and • 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 Environment and Sustainability Director. Required supporting materials for final reports. • 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 2017 calendar year. • Proof of City logo and credit line in Project publications and advertisements. • Proof of performance(s), such as programs, brochures and flyers. Page 10 of 10