Fiscal Year 2020-2021 Grant Agreement DocuSign Envelope ID:OAD5B10E-F957-4886-A080-B57F9197476F 2-(319 - 31
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2020-2021 GRANT AGREEMENT
PROJECT No.: 2020-CMB-
This GRANT AGREEMENT ("Agreement") is made and entered into this 22—. day of
-f�LiZ , 20 Cd by and between the City of Miami Beach, Florida, a Florida municipal
corporation (hereinafter the "City" or "Grantor"), and the University of Miami, a Florida not-for-profit
corporation (hereinafter the "Grantee"). This Agreement is effective as of November 1, 2020, the
"Effective Date."
ARTICLE I /GRANT DESCRIPTION
GRANTEE: University of Miami
GRANTEE CONTRACT ADMINISTRATOR: Karen Hurdle
ADDRESS: University of Miami
1320 S. Dixie Highway, Suite 650
CITY, STATE, ZIP: Coral Gables, FL, 33146
PHONE, FAX, E-MAIL: (305) 284-3892
mramed.miami.edu
aida.diaz(a�miami.edu
GRANT AMOUNT: $20,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: November 1, 2020—October 31, 2021, subject
to possible extensions pursuant to Article 11-4
EXPENDITURE DEADLINE: October 31, 2021
PROJECT COMPLETION DATE: October 31, 2021
FINAL REPORT DEADLINE: December 31, 2021
FINAL REIMBURSEMENT: May 1, 2021
REQUEST DEADLINE: October 1, 2021
DocuSign Envelope ID:OAD5B1 OE-F957-4886-A080-B57F9197476F
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
pDocuSigned by: DocuSigned by:
l rtitild e, r4X f MJ, LM eral t s, ,�iwow.t
By: '-24A05013ADDC4B5 28CA18194070496
Rafael E. Granado, City Clerk Jimmy L. Morales, City Manager
10/22/2020 i 10:28 AM EDT
Date
FOR GRANTEE: University of Miami
ATTEST: Digitally signed by
Karen Deborah Hurdle
Digitally signed by
'Alp;
/
cbandraPersaud '�.„j” ,. Date:2020.10.21
Date:2020.10.21 11:21:21 % 11:18:10-04'00'
By: -0400
Authorized Signature
Chandra Persaud
Senior Contract and Grant Officer Karen Hurdle,Director
Print Name and Title Print Name and Title .
Date
APPROVED AS TO
FORM & LANGUAGE
& F EXECUTION
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Page 2 ►, 1' 10 (612o2a
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ARTICLE II / GENERAL CONDITIONS
1. PARTIES: The parties to this Agreement are the Grantee listed in Article I, and the City, a
municipal corporation organized under the laws of the State of Florida. The City has delegated the
responsibility of administering this Grant to the City Manager or the City 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 (collectively, the"Project"),
which, in material part, requires Grantee to design, fabricate, construct, and install a testbed of three
(3) hybrid coral-concrete submerged reefs (collectively defined as the "Hybrid Reefs" in Exhibit 1) at
one(1)agreed upon Project Site(as defined in Exhibit 1), subject to securing the requisite governmental
approvals (defined in Exhibit 1 as the "Permits"). Any modification to Exhibit 1, Project Description, shall
not be effective unless approved by a written amendment to this Agreement signed by the Grantor and
Grantee. Grantee agrees that all funding provided by the Grantor pursuant to this Agreement will be
used exclusively for work to be done per Exhibit 1 within the City of Miami Beach. Upon completion of
installation, Grantee will monitor the Hybrid Reefs on a bi-monthy basis and document the progress of
the Project in a written report during each Project Site visit. Grantee will conduct a minimum of three
visits to the Project Site during the Term.
Notwithstanding the forgoing, upon completion of installation, the Hybrid Reefs shall become
property of the Grantor. During the Term, the Grantor may regulate or otherwise limit access to the
Hybrid Reefs as the Grantor deems appropriate in its sole discretion with the exception being that
Grantee may periodically access the site for research purposes. Further, the Grantor may, at its sole
option and cost, install signage in the areas surrounding the Project Site. If Grantor decides to proceed
with installation of signage during the Term of this Agreement, Grantor may consult with Grantee for
feedback on installation plan; however, Grantor's decision relating to signage shall be final.
Under no circumstances shall the Grantor be responsible for any loss or damage to the Hybrid
Reefs.
3. GRANT PROJECT BUDGET: Pursuant to Resolution No. 2019-31066, the Grant Amount was
approved for the Project. Subject to the availability of City funds, the maximum amount payable to
Grantee for work or services rendered under this Agreement shall not exceed the Grant Amount as set
forth in Article I of this Agreement. Moreover, unless otherwise approved, in writing, by the Grantor, as
memorialized in an amendment to this Agreement, during any renewal term, the Grantor shall not be
obligated to contribute to the Project any additional sums, over and above, the Grant Amount approved
during the initial term. At all times, Grantee shall be solely responsible for any Project costs or fees
exceeding the Grant Amount. Grantee agrees that should available Grantor 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
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Project Budget, attached hereto as Exhibit 2. Any modification to Exhibit 2, Project Budget, shall not be
effective unless approved, in writing, by the Grantor and Grantee. Notwithstanding the foregoing, no
modification to the Project Budget shall exceed the Grant Amount set forth in Article I of this Agreement.
Any request by Grantee to modify Exhibit 2, Project Budget, shall be made in writing, using Grantor
approved forms, detailing and justifying the need for such changes.
4. TERM: This Agreement has an initial term of one (1) year, as more particularly described in
Article I. The Term may be extended by the Mayor and City Commission for additional periods("renewal
terms"), for a period not exceed the term of the Permits, unless terminated earlier, as permitted under
the terms of this Agreement. The initial term and any approved renewal terms may be independently
or collectively referred to as the "Term").
5. 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 1510, April 1 510, July 15`h,
and October 15th. These reports will include, as back-up, the monitoring reports prepared for the
respective periods. The final report is due by December 3151, 2021.
New Grant awards will not be released to the Grantee until all Final Reports for previously awarded
grants are received. The Grantor 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 Grantor's reporting requirements. Any reports may be disseminated by the
Grantor without the prior written consent of the Grantee. All quarterly reports must be submitted on
Exhibit 3, the Grant Quarterly Status Report Form, detailing Grantee's compliance at the time of a partial
reimbursement request.
6. REIMBURSEMENT REQUESTS: 50% of the Grant Funds shall be paid to Grantee upon
execution of this Agreement. The remaining 50% of the Grant Funds shall be paid to Grantee upon
completion and submission of the first bi-annual report by the Grantee; provided Grantee is in
compliance with the terms and agreement of this Agreement. Grantee shall provide the Grantor 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 Grantor 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 Term of the grant.
7. 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 Grantor assumes no
obligation to provide financial support of any type whatsoever in excess of the total Grant Amount. Cost
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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.
8. 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.
9. NO GUARANTEE OF FUNDING: The grantee acknowledges that the receipt of this Grant does
not imply a commitment on behalf of the Grantor to continue or provide funding beyond the terms
specified in this Agreement.
10. 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.
11. 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 Grantor 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.
12. ACCOUNTING AND FINANCIAL REVIEW: The Grantee shall keep accurate and complete
books and records of all receipts and expenditures of Grant funds, in conformance with reasonable
accounting standards. These books and records, as well as all documents pertaining to payments
received and made in conjunction with this Grant, including. without limitation, vouchers, bills, invoices,
receipts and canceled checks, shall be dated within the fiscal year for which they are approved and
retained in Miami-Dade County in a secure place and in an orderly 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 Grantor, and/or its authorized representatives, at the Grantee's
offices during regular business hours and upon reasonable notice. Furthermore, the Grantor may, at
its expense, audit or have audited, all the financial records of the Grantee that pertain to this Grant's
related expenditures.
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.
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13. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the Grantor 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 Grantor.
B. The Office of the Inspector General is authorized to investigate Grantor affairs and empowered
to review past, present and proposed Grantor 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 Grantor projects and programs. Monitoring of an existing Grantor
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, Grantor 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 Grantor 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 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
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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
ii. 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 Grantor 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 Grantor by the Grantee or third parties.
14. PUBLICITY, PUBLICATION AND DATA RIGHTS: During the Term, neither party shall
originate any press release relating to the work conducted hereunder without the other party's prior
review and consent, which consent shall not be unreasonably withheld. The parties will not use the
name or trademarks of the other party, or a variant thereof, in any advertising or promotional material
without the other party's prior written consent. Notwithstanding the foregoing, either party may disclose
a copy of this Agreement, the other party's name, total Grant Amount, and title of the Project without
the other party's consent, in a party's annual reports, internal reports, other such reports on research,
public agenda items, or other public information sites.
Either party shall have the right to publish or otherwise disclose information gained in the course
of the work conducted under this Agreement.
The Grantee must include the Grantor 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 Grantor, in
the same manner as if Grantee defaulted under this Agreement.
"Data"shall mean all data and information generated by Grantee as a result of conducting the work
in accordance with Exhibit 1 during the Term of this Agreement including, without limitation, all reports,
files, source files, documents, information, materials, texts, video footage, audio files, findings and all
content created by Grantee or otherwise produced in whole or in part for the Grantor. Data produced
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shall be owned by Grantee. The Grantor shall retain, at all times, a non-exclusive, irrevocable,
worldwide royalty free license to use Data for its educational, research and non-commercial purposes,
which includes to right to publish the Data to the general public.
15. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the Grantor
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 Grantor 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, including use of the Project Site, 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 Grantor, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and reasonable 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 Grantor 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.
Except for liability arising under this Section 15, in no event shall either party be liable to the other
party for special, incidental, consequential or indirect damages arising from or in relation to this
Agreement, the research (whether in contract, tort, negligence, strict liability, by statute or otherwise).
This limitation shall apply even if such party has been advised or is aware of the possibility of such
damages.
This indemnification provision shall survive the expiration or early termination of the Agreement.
16. 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.
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17. 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.
18. DEFAULT/TERMINATION PROVISIONS
A. 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 under this subsection, the Grantee shall be required to repay the Grantor, within fifteen
(15) days, from the date that the written demand is received, all portions of the Grant which have been
received by the Grantee and not properly allocated as of the date that the written demand is received.
B. 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
Grantor within thirty (30) 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 Grantor pursuant to this subsection are to be repaid
within thirty (30) days by delivering to the City Manager a certified check for the total amount due,
payable to the City of Miami Beach, Florida.
C. These provisions shall not waive or preclude the Grantor from pursuing any and all of the
following:
The right to injunction or other similar relief available to it under Florida law against
Grantee; and/or
ii. The right to maintain any and all actions at law or suits in equity or other proper
proceedings to obtain damages resulting from Grantee's default.
D. Notwithstanding the provisions of this Section, and without regard to whether Grantor has
exercised the Default provisions thereof, the Grantor 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 returned to the Grantor, within thirty(30) days from the
date requested by the Grantor or from the close of the Project, as applicable, except where the City
Manager has agreed in writing to alternative use of the unused/unexpended Grant Funds.
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E. The Grantor, through its City Manager, and for its convenience and without cause, may
terminate this Agreement at any time during the Term by giving written notice to Grantee of such
termination; which shall become effective within thirty (30) days following receipt by Grantee of such
notice. Additionally, in the event of a public health, welfare or safety concern, as determined by the City
Manager, in the City Manager's sole discretion, the City Manager, pursuant to a verbal or written
notification to Grantee, may require Grantee to promptly take remedial action, or may immediately
terminate this Agreement. If the Agreement is terminated for Convenience by the Grantor, Grantee
shall be entitled to retain (or be paid for) the Project costs which Grantee has expended or committed
as of the termination date, not to exceed the total Grant Amount, and shall return to the Grantor any
remaining balance of the Grant Amount in its possession within thirty (30) days from receipt of such
termination notice.
Grantee may terminate this Agreement, for convenience and without cause, with at least thirty(30)
days' written notice to the Grantor. In such case, Grantee shall be required to repay to Grantor, within
fifteen (15) days from the date of receipt of such notice of termination, all portions of the Grant Amount
which have been received by the Grantee, as of the date of receipt of the notice of termination by
Grantor, less any portion of the Grant Amount which Grantor determines, in its reasonable discretion,
has been properly expended in accordance with the terms of this Agreement.
In the Event of Expiration of the Term or termination of the Agreement: Upon the expiration or early
termination of the agreement, Grantor, at its sole option and discretion, may leave the Hybrid Reef in
place or remove it at Grantor's sole cost and expense.
19. 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.
i. Worker's Compensation Insurance as required by Florida Statute, Chapter 440, and
Employer's Liability Insurance with limits of no less than $1,000,000 per accident for
bodily injury or disease.
Commercial General Liability on a comprehensive basis, including products and
completed operations, contractual liability, property damage, bodily injury and personal
& advertising injury combined single limit of $1,000,000 per occurrence for bodily injury
and property damage. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
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ii. 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 City of Miami Beach a waiver of any right to subrogation which any
insurer of the Grantee may acquire against the City of Miami Beach by virtue of the payment of
any loss under such insurance. Grantee agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Miami Beach has received a waiver of subrogation endorsement from the
insurer.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than 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
c/o HR Department/Risk Management Division
1700 Convention Center Drive
Miami Beach, FL 33139
F. Compliance with the foregoing requirements shall not relieve the Grantee of its liability and
obligation under this section or under any other section of this Agreement.
20. 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
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transmission, made or received pursuant to law or ordinance or in connection with the transaction of
official business of the Grantor.
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 Grantor to perform the service;
ii. Upon request from the Grantor's custodian of public records, provide the Grantor 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;
iii. 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 Grantor;
iv. Upon completion of the Agreement, transfer, at no cost to the Grantor, all public records in
possession of the Grantee or keep and maintain public records required by the Grantor to
perform the work. If the Grantee transfers all public records to the Grantor 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 Grantee shall meet all
applicable requirements for retaining public records. All records stored electronically must
be provided to the Grantor, upon request from the Grantor's custodian of public records, in
a format that is compatible with the information technology systems of the Grantor.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
i. A request to inspect or copy public records relating to the Grantor's contract for
services/work must be made directly to the Grantor. If the Grantor does not possess the
requested records, the Grantor shall immediately notify the Grantee of the request, and the
Grantee must provide the records to the Grantor or allow the records to be inspected or
copied within a reasonable time.
ii. Grantee's failure to comply with the Grantor's request for records shall constitute a breach
of this Agreement, and the Grantor, 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.
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iii. A Grantee who fails to provide the public records to the Grantor 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 Grantor's contract for services/work, 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 Grantor and to the Grantee.
ii. A notice complies with subparagraph (i)(b) if it is sent to the Grantor's custodian of public
records and to the Grantee at the Grantee's address listed on its contract with the Grantor
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: RAFAELGRANADOt' MIAMIBEACHFL.GOV
PHONE: 305-673-7411
21. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have 51% or
more of its board membership complete the Grantor's training for board members, if all three of the
following apply: 1) the Grantee is a non-profit; 2) the Grantee has an annual operating budget of less
than $5 million; and, 3) the grant award is for $25,000 or more in Grantor funds. The Board Training
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must be completed within the last two years prior to the receipt of Grantor funds.
22. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the Grantor in writing and addressed to the City Grant Administrator. 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 the City Environment &Sustainability Director listed below.
Elizabeth Wheaton
Environment &Sustainability Director
City of Miami Beach
1700 Convention Center Drive- 3'd Floor
Environment &Sustainability Department
Miami Beach, FL 33139
Tel: 305-673-7084 x.26121
Email: ewheatonmiamibeachfl.qov
ARTICLE III / MISCELLANEOUS PROVISIONS
24. PUBLIC PURPOSE: The Grant awarded herein is the result of a finding by the Grantor, 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 Grantor to seek remedies
including, but not limited to, those outlined in this Grant Agreement.
25. NO DISCRIMINATION: The Grantee also accepts and agrees to comply with the following
Special Conditions:
A. 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.) prohibiting discrimination on the basis of race, color, national origin,
handicap, or sex.
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, 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,
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domestic partner status, labor organization membership, familial situation, or political
affiliation.
C. The Grantor endorses, and Grantee shall comply with, the clear mandate of the Americans
with Disabilities Act of 1990 (ADA) to remove barriers, which prevents qualified individuals
with disabilities from enjoying the same employment opportunities that are available to
persons without disabilities.
D. The Grantor 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. General Delay/Force Majeure: Force Majeure.
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, hurricanes, tropical storms or tornadoes,
earthquakes, other elements of nature or other acts of God which prevent performance. Force
Majeure shall not include technological impossibility, 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 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 no 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
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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. 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 the City's
payment obligations under the Agreement, and may take such action without regard to the
notice requirements herein. For the avoidance of doubt, if the City suspends its payment
obligations under this section, Grantee shall not be held in default for its nonperformance or
failure to carry out its obligations under the Agreement during such period of time as payment
is suspended. Additionally, in the event that an event of Force Majeure delays a party's
performance under the Agreement for a time period greater than thirty (30)days, the City may,
at the sole discretion of the City Manager, terminate the Agreement, on a given date, by giving
written notice to Grantee of such termination, following which the City shall be discharged from
any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Nothing
herein shall limit the rights of the Grantor or Grantee to terminate this Agreement as indicated
in Article 11-18 of this Agreement.
28. 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.
29. 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.
30. CONTRACT REPRESENTS TOTAL AGREEMENT: This Agreement, 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. Any change to the Grant Amount shall require approval by the Mayor and City
Commission.
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EXHIBIT 1
Project Title: Testbed deployment of hybrid coral-concrete submerged reefs off Miami
Beach
The Grantee Principal Investigator shall be Dr. Brian Haus. The Principal Investigator is the
person who will manage the Grant on behalf of the Grantee and his location will be:
University of Miami
The Rosenstiel School of Marine and Atmospheric Science
4600 Rickenbacker Causeway
Miami, Florida 33149-1098
PHONE, FAX, E-MAIL: (305) 421-4035, Fax: (305) 421-4131,
Email: bhausarsmas.miami.edu
Email: fbaquerorsmas.miami.edu
Project Description:
BACKGROUND/DESCRIPTION OF NEED
The South Florida coastline, and Miami Beach in particular, is one of the most
susceptible in the US to the impacts of climatic hazards. Consequently, protecting the
population and local economy has become a social, cultural. and political focus. As part of its
climate adaptation strategy, the Grantor has been actively investing in grey infrastructure by
building sea walls, raising streets, and deploying pumps to mitigate the impacts of waves, storm
surge, and flooding. However, there is an increasing recognition that green, nature-based
infrastructure provided by coastal ecosystems can mitigate the impacts of climatic hazards in
a more efficient and cost-effective manner. To date, the lack of investment in green
infrastructure is often linked to the absence of universally accepted design guidelines and the
limited buy-in from stakeholders unaware of their benefits. Therefore, there is a pressing need
to: (1) Develop and test hybrid grey/green approaches to build nature-based defenses such as
artificial coral reefs to foster coastal resilience; and (2) Better communicate their effectiveness
to local stakeholders.
PROGRAM DESCRIPTION
The goal of this Project is to create a science-based design framework founded on the
information collected and the partnerships formed as part of the University of Miami's University
Laboratory for Integrative Knowledge (ULINK). This Project, led by a multidisciplinary team of
professors at the University of Miami, seeks to develop and test coastal resilience strategies
that combine grey (cement-based) and green (nature-based) defense strategies. The Grantee
has been working with the staff of the City's Environment& Sustainability Department to reduce
the vulnerability of the Grantor, which is faced with the threat of impacts of ocean waves,
flooding, and storm surge. The Grantee will achieve this by combining the expertise of our
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ULINK team on the ecology and restoration of coastal habitats and in modeling and analyzing
the impacts of waves and winds on the Miami Beach coastline.
The activities proposed here will set the stage for the creation of a science-based action
strategy to address Coastal Resilience and Risk Mitigation in South Florida and beyond,
merging engineering and ecological knowledge at relevant scales and including human
dimensions into the planning process. The Grantee expects to use this Project to develop a
research-based framework that can be used effectively by jurisdictions such as the Grantor
(which recently approved a referendum on a >$400M GO bond that includes investments in
green infrastructure and shoreline protection).
This final component of the ULINK research Project will feature a small-scale
implementation ("test bed") of three types of hybrid grey-green infrastructure solutions at one
site off Miami Beach (the "Project Site") to test their performance across multiple engineering
and ecological criteria. This combined approach will provide data-based guidelines for the
future design and deployment of large-scale hybrid artificial reefs off the coastline of Miami
Beach. This Project's overall layout is represented conceptually (the "Concept") as follows:
Field Deployment of Coral-Breakwater Hybrid Reef
We have made excellent progress in all areas of our project,with the ultimate goal of deploying real-world experimental structures offshore of Miami
Beach.By deploying these structures,we will be able to collect critical data that will inform not only our own design framework,but coastal science
on a larger scale.Recently,our team has worked to understand permitting requirements and to develop designs for such a structure.The figure below
illustrates our field deployment plan:
Sandy bottom Our design combines three types of
Si dp,efnl Thr aft concrete sub-structures:
Depth-IC it MfiWL
1. Trapezoidal prism
` T,apelo9aMewgonei Reel Balls 2. Hexagonal"seahives"
pr,"" ,e" "' 3. Reef Balls
�Bsp:.,,w Buoy
4 •
44v,!-4,. 3t n pp tii " .'' ;0n�� '� `_4t
sKk Pm,. a Y sde rwV 1 ' ' side Viten.
These structures will be:
18 ft left aiiiiiii. le ft 1. Populated with restoration
corals
120 ft 2. Parallel to shore
3. Approx.18 ft in length
4. Modular units of 500 lbs min
S. 4 feet high from substrate
— —
6. In 10 feet of depth(MHWL),
minimum 6 ft clearance
7. Deployed in sandy-bottom,
8. Deployed away from critical
wildlife habitat,hardbottom,
and swim zones
• 9. Perforated to create shelter
for marine life
10.Parallel to shore
11.Spaced at least 30 feet
The Concept will consist of three prototype artificial reef structures (collectively, the
"Hybrid Reefs") including:
• A trapezoidal structure based on standard cement artificial reef designs
• Modular concrete hexagonal elements (SeaHiveTM)
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• An arrangement of limestone boulders commonly used as artificial reef structures
in South Florida
Each structure will be populated with nursery-grown corals that will be monitored to
determine survivorship and growth. In order to ensure that our out-planted corals are resilient
to anticipated future disturbances, the Grantee will source corals from local sites in Biscayne
Bay where the Grantee has identified populations of more thermally tolerant corals.
LOCATIONS
An initial list of 3-5 candidate sites was determined based on output from our
collaborators from The Nature Conservancy(TNC)and discussions with the City's Environment
and Sustainability Department about beach locations that would be preferred by the Grantor.
TNC provided us with the sections of the City of Miami Beach shoreline that, based on bottom
topography, beach elevation, hydrodynamics, wave regimes, and distance to the reefs, are
more susceptible to reef degradation and would benefit the most from reef restoration. The
initial list of shoreline segments was also evaluated by the ULINK team to quantify the social
and economic vulnerability (and value) of the urban sector delimited by these shoreline
segments.
As a result of this process it was determined that the area immediately offshore of North
Shore Open Space Park between 79th and 83rd streets would be the optimal location for the
Project Site. Based on the Grantee's laboratory studies and preliminary permitting discussions
with the Grantor and the US Army Corps of Engineers (USACE), it was determined that the
optimal location for the test bed would be just offshore of the swim area in water depth of 10-
12 feet. Given the USACE requirement for 6 feet of clearance above any bottom obstruction,
the structures would be limited to a vertical height off the seafloor of no more than 4-6 feet.
GRANT ACTIVITIES
Grantee shall design, fabricate, construct, install and monitor the Hybrid Reefs during
the Term of the Agreement. Notwithstanding the forgoing, upon completion of installation, the
Hybrid Reefs shall become property of the Grantor. To accomplish this test-bed deployment
of the Hybrid Reefs, the Grantee will need to receive necessary permits from the relevant
federal, state and local agencies (collectively, the "Permits") before the Grantee can proceed
beyond the design stage. The Grantor, in its proprietary capacity, agrees to cooperate with
Grantee in connection with securing the Permits be applying, or being a co-applicant, for the
Permits. Notwithstanding the foregoing, Grantee shall be responsible for all costs associated
with the Project outside of the funds provided under this Agreement by the Grantor. As such,
all activity dates are dependent upon timely receipt of these Permits.
Grantee Activity Activity Date(s) and Description of Service Number of
Name Description Recipients Attendees
Casting of artificial the Grantor N/A
11/1/2020 - 12/31/2020
reef modules
Assembly of reef the Grantor N/A
11/30/2020—2/28/2021
structural systems
Deployment of reef 3/31/2021 —6/15/2021 the Grantor N/A
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structures
Post-deployment the Grantor N/A
surveying, coral
6/15/2021 — 10/31/2021
attachment and
monitoring
N/A
GOALS/OUTCOMES
Outcome Measure Target Reporting Timeline
Deployment of Hybrid Photographs of deployed Three Hybrid
Reef structures structures Reef structures
deployed as in 6/15/2021-10/31/2021
proposed
Concept.
Successful out Growth rate (total linear >80% survival of
planting of Acropora extension of branches) attached coral
cervicornis to reef and survivorship of coral fragments; 10
structures outplants will be cm/year growth 6/15/2021-10/31/2021
quantified at multiple rate
timepoints(1 month, 6
months, 12 months)
Hydrodynamic testing Wave height and wave Significant wave
of structures energy will be quantified height reduction
using Tilt Current Meters to 75% of incident
and wave buoys value 6/15/2021-10/31/2021
immediately
behind structure
Design guidelines Comprehensive analysis Report with
of structure pros/cons, recommendations
deployment and recovery
recommendations, and
maintenance needs will
be performed to create 12/31/2021
guidelines to inform other
managers/practitioners
how to implement similar
projects
Although the Permits may have an initial temporary period between two (2) to three (3) years,
the Term of this Agreement is for an initial term of one (1) year, unless otherwise extended by
the Grantor, in accordance with Article 1-4; therefore, the Project Term may be for a shorter
time than as permitted under the Permits.
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DISCLAIMER OF WARRANTIES: GRANTEE AND PRINCIPAL INVESTIGATOR EXPRESSLY
DISCLAIM ALL WARRANTIES RELATED TO THE PROJECT RESULTS AND DATA, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE. Notwithstanding the
foregoing, such disclaimer of representations and warranties shall apply to the Project results and data
and not to Grantee's obligation to comply with the terms of this Agreement, to conduct the work outlined
at Exhibit 1 and this Agreement and to obtain data according to acceptable professional or applicable
regulatory standards.
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EXHIBIT 2
PROJECT BUDGET
University of Miami, SUSTAIN laboratory
Budget Line Item Description Project Budget
Casting Transport to and from concrete casting I $1,000.00
company, casting costs
Assembly Storage and assembly into multi- $1,000.00
module structural systems
Deployment Shipping, barge rental 2 days $14,000.00
Coral attachment Small boat rental, diving costs $2,000.00
Monitoring Monitor the reef* $2,000.00
Total amount this award $20,000.00
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EXHIBIT 3
CITY OF MIAMI BEACH
QUARTERLY REPORT AND REQUEST FOR DISBURSEMENT FORM
CMB GRANT AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REPORT PERIOD:
❑ Oct. 1 - Dec. 31 0 Jan. 1 - Mar. 31 ❑ Apr. 1 - Jun. 30 ❑ Jul. 1 - Sept.30
Due Jan. 15 Due Ap. 15 Due Jul. 15 Due Oct. 15
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
PROBLEM ENCOUNTERED:
OTHER NOTABLE ITEMS:
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
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EXHIBIT 3
CITY OF MIAMI BEACH
QUARTERLY REPORT AND REQUEST FOR DISBURSEMENT FORM
CMB AGREEMENT No.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REQUEST No.
Amount of Assistance: I
Less Previous Total Disbursements
Balance Available: i_
Funds Requested This
Disbursement: L.
Certification of Payment: I certify that the above expenses were necessary and reasonable for the
maintenance and operation of our premises and in accordance with this agreement.
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
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