Grant Agreement with Debris Free Global, Inc. Za2% -3 I«co
MIAMI BEACH
CITY OF MIAMI BEACH
FISCAL YEAR 2021-2022 GRANT AGREEMENT
This GRANT AGREEMENT is made and entered into this 1st day of January, 2022 by and
between the City of Miami Beach, Florida(hereinafter the "City"), and the Debris Free Global,
Inc., a Florida not-for-profit corporation (hereinafter the "Grantee"). This'Agreement is effective
January 1, 2022, the "Effective Date."
ARTICLE I / GRANT DESCRIPTION
GRANTEE: Debris Free Global, Inc. dba Debris Free Oceans
GRANTEE CONTRACT ADMINISTRATOR: Caiti Waks
ADDRESS: 3775 Loquat Ave
CITY, STATE, ZIP: Miami, FL 33133
PHONE, FAX, EMAIL: 305-301-8092; caiti@debrisfreeoceans.org
GRANT AMOUNT: $15,000
PROJECT DESCRIPTION: See Exhibit 1 hereto
GRANT PROJECT BUDGET: See Exhibit 2 hereto
GRANT TERM: January 1, 2022—September 30, 2022
EXPENDITURE DEADLINE: January 1, 2022
PROJECT COMPLETION DATE: September 30, 2022
INITIAL REPORT DEADLINE: June 1, 2022
FINAL REPORT DEADLINE: September 30, 2022
REQUEST DEADLINE: June 1, 2022
Page 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST:
•
By: 74-d
Rafael E. Granado, City Clerk • Nina T. Huda , City Manager
JUN 0 2 -2022
Date
17.4):;), fh
`•.,inoupolFOR GRANTEE: k,2�:R. `�` Federal ID# 46-4581532
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ATTEST:
By: 94A.447,a)aea, Ce
Authorized Signature
Jeremy Waks, Secretary Caiti Waks, President
Print Name and Title Print Name and Title
April 19, 2022
Date
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
041144).
fiIV Attorney Date
Page 2
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 (the "Project"). Any
modification to the Project Description shall not be effective unless approved by a written
amendment to this Agreement signed by the City and Grantee. Grantee agrees that all funding
provided by the City pursuant to this Agreement will be used exclusively for goods or services to
be provided within the City of Miami Beach.
3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum
amount payable to Grantee for goods or services rendered under this Agreement shall not exceed
the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available
City funding be reduced, the amount payable under this Agreement will be reduced at the sole
option of the City of Miami Beach. All of the grantee's expenditures are subject to the terms of
this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any
modification to the Project Budget shall not be effective unless approved, in writing, by the City
and Grantee. Any request by Grantee to modify the Project Budget shall be made in writing, using
City approved forms, detailing and justifying the need for such changes. Notwithstanding the
foregoing, no modification to the Project Budget shall exceed the Grant Amount set forth in Article
I of this Agreement.
4. REPORTS: This Grant has been awarded with the understanding that the activities and
services contemplated under the Project Description will mutually contribute to the enhancement
of services available to City residents, businesses, and visitors. If providing community
engagement activities, reports must include dates, locations, information on the activities
provided, and the number of participants or individuals engaged. 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 bi-annual reports to the Environment and Sustainability Department. The
first report must be submitted by Grantee prior to June 1, 2022.
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
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10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant
to this Agreement in an account with a bank or savings and loan association 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.
11. 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 City, and/or its
authorized representatives, at the Grantee's offices during regular business hours and upon
reasonable notice. Furthermore, the City may, at its expense, audit or have audited, all the
financial records of the Grantee, whether or not purported to be related to this Grant.
Grantee costs or earnings claimed under this Agreement may not also be claimed under any
other Agreement from the City of Miami Beach or from any other entity. Any claim for double
payment by Grantee shall be a material breach of this Agreement.
12. INSPECTOR GENERAL AUDIT RIGHTS:
A. Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established
the Office of the Inspector General which may, on a random basis, perform reviews, audits,
inspections and investigations on all City contracts, throughout the duration of said
contracts. This random audit is separate and distinct from any other audit performed by or on
behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts, records, contracts
and transactions. In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor City projects and programs.
Monitoring of an existing City project or program may include a report concerning whether the
project is on time, within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not limited
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F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the
performance of this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Grantee or third parties.
13. PUBLICITY AND CREDITS: The Grantee must include the City of Miami Beach logo
and/or the Miami Beach Rising Above logo and/or 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." During the use of social media, Grantee must credit the City's official accounts
and use the hashtag: #mbrisingabove. Grantee's failure to comply with this paragraph may
preclude future grant funding from the City, in the same manner as if Grantee defaulted under
this Agreement.
14. LIABILITY AND INDEMNIFICATION: Grantee shall indemnify and hold harmless the
City and its officers, employees, agents, contractors operators, sub operators, consultants,
subconsultants, bond trustees, and instrumentalities(collectively, "Indemnities"),from and against
any and all actions(whether at law or in equity), claims, liabilities, losses, expenses, or damages,
including, without limitation, attorney's and expert fees and costs of defense, for personal,
economic, cost or bodily injury, wrongful death, or loss of or damage to property, which
Indemnities 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 (i)the performance of this Agreement
by the Grantee or its officers, employees, agents, servants, partners, principals, operators,
vendors, contractors, suppliers, or any persons acting under Grantee (collectively"Indemnitors");
(ii)arising out of any injury, loss, theft, damage or cost to any person or property while on or about
the City's property, or out of any condition on the City's property or (iii) arising from any act or
omission by Indemnitors. 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' and expert 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 Indemnitees
as herein provided. This provision shall survive expiration or termination of this Agreement.
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
Page 7
Notwithstanding the provisions of this Section, and without regard to whether City has
exercised the Default provisions thereof, the City reserves the right, at its sole and absolute
discretion, to discontinue funding of the Grant if it is not satisfied with the progress of the Project
or the content of any required written report. In the event of discontinuation of the Grant or at the
close of the Project, any unexpended Grant Funds shall be immediately returned to the City,
except where the City Manager has agreed in writing to alternative use of the unused/unexpended
Grant Funds.
18. 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.
19. WRITTEN NOTICES: Any notices required under this Agreement will be effective when
delivered to the City in writing and addressed to the City Contract Administrator. Any notices
required under this Agreement will be effective when delivered to the Grantee in writing and
addressed to the Grantee Contract Administrator
20. 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.
21. 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 the Mayor and City Commission.
22. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and
requests for reimbursements to be submitted to the City Contract Administrators listed below.
Alyssia Berthoumieux
Senior Sustainability Coordinator
City of Miami Beach
Environment and Sustainability Department
1700 Convention Center Drive—3rd Floor
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provide equal access and equal opportunity and services without discrimination on the
basis of any disability.
25. 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.
26. 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 transmission, made or received pursuant to law or ordinance
or in connection with the transaction of official business of the City.
C. Pursuant to Section 119.0701 of the Florida Statutes, if the Grantee meets the definition
of"Contractor" as defined in Section 119.0701(1)(a), the Grantee shall:
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 Grantee 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 Grantee or keep and maintain public records required
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2. A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of
public records and to the Grantee at the Grantee's address listed on its contract with
the City or to the Grantee's registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail,
with postage or shipping paid by the sender and with evidence of delivery, which may
be in an electronic format.
3. 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: RAFAELGRANADO(a MIAMIBEACHFL.GOV
PHONE: 305-673-7411
27. E-VERIFY:
A. Grantee shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"
("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify
Statute, commencing on January 1, 2021, Grantee shall register with and use the E-
Verify system to verify the work authorization status of all newly hired employees
during the Term of the Agreement. Additionally, Grantee shall expressly require that
any approved sub-contractor performing work or providing services pursuant to the
Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractor during the contract Term. If Grantee enters into a contract with an
approved subcontractor, the subcontractor must provide the Grantee with an affidavit
stating that the subcontractor does not employ, contract with, or subcontract with an
Page 13
EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
With the funding requested, Debris Free Oceans will continue to expand the #plasticfreeMB
program by: (i) providing sustainability consulting to businesses and further advancing the reach
of the #plasticfreeMB certification; (ii) engaging businesses to understand the straw ordinance
and restrictions on bioplastics; (iii) providing recommendations for updating the #plasticfreeMB
website; and (iv) promoting#plasticfreeMB on social media. All of this is part of a holistic program
to eliminate plastic pollution from Miami Beach in order to support local ecosystems,the economy,
and a sustainable future for South Florida. This project will prioritize social equity by focusing its
sustainability consulting towards Black-owned businesses throughout Miami Beach's subregions
(South, Mid, and North Beach). Moreover, program impact will be documented through data
collection, which can inform future sustainability initiatives on Miami Beach.
PROGRAM DESCRIPTION
The project will mainly support the #plasticfreeMB initiative with sustainability consulting, and it
will emphasize social equity and/or environmental justice and have detailed metrics reporting.'
DFO will provide sustainability consulting services to Miami Beach businesses to join the
#plasticfreeMB program and move up to higher levels. DFO will focus on consulting BIPOC owned
businesses on Miami Beach, and it will provide toolkits to those businesses, including free
backyard compostable products found at DFO's online Responsible Products Catalogue
(previously funded by CMB).
DFO will provide CMB staff with recommendations to improve the #plasticfreeMB website.
DFO will provide educational resources to businesses about the plastic straw ordinance,
specifically that bioplastic straws are not permissible under the ordinance.
DFO will also continue to promote the#plasticfreeMB program on its social media.
LOCATION
DFO will provide sustainability consulting services to Miami Beach businesses.
GRANT ACTIVITIES
(Include activity name, activity description, description of service recipients, and number of service
recipients)
With the funding requested, Debris Free Oceans will continue to expand the #plasticfreeMB
program by: (i) providing sustainability consulting to businesses and further advancing the reach
of the #plasticfreeMB certification; (ii) engaging businesses to understand the straw ordinance
and restrictions on bioplastics; (iii) providing recommendations for updating the #plasticfreeMB
website; and (iv) promoting#plasticfreeMB on social media. All of this is part of a holistic program
to eliminate plastic pollution from Miami Beach in order to support local ecosystems,the economy,
and a sustainable future for South Florida. This project will prioritize social equity by focusing its
sustainability consulting towards Black-owned businesses throughout Miami Beach's subregions
Page 15
Ultra Music Festival, Rakastella Music Festival, Swarm, and more, DFO has helped eliminate
more than half a million single-use plastic items from the waste stream.
Page 17
EXHIBIT 3
CITY OF MIAMI BEACH
GRANT STATUS REPORT FORM
CMB GRANT AGREEMENT NO.:
GRANTEE NAME:
GRANTEE ADDRESS:
GRANTEE CONTRACT ADMINISTRATOR:
GRANTEE CONTRACT ADMINISTRATOR'S
E-MAIL ADDRESS:
REPORT PERIOD:
❑ Initial Report ❑ Final Report
Due June. 1, 2022 Due September. 30, 2022
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
PROBLEM ENCOUNTERED:
Page 19
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Miami Beach Rising Above Grant Agreement—Debris Free Global,Inc.
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Type I—Contract,amendment,change order or task order resulting fro a procurement-issued competitive solicitation.
Type 2—Other contract,amendment,change order or task order not resulting from a procurement-issued competitive solicitation.
Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreement
Type 4—Grant agreements with the City as the recipient Type 7—Inter-governmental agency agreement
X Type 5—Grant agreements with the City as the grantor Other:
Brief Spmmaryi&Parpose•(attach''memo if additionahspace•is,necessary,).. ` , , ,. �; ;,,
This is a grant being awarded to Debris Free Oceans as part of the Miami Beach Rising Above Grant Program.The grants are
made possible through the Boucher Brothers Miami Beach LLC Public Beachfront Concession Agreement and the Waste
Contract Agreement which include value-added enhancements that contain annual contributions to support environmental and
marine related organizations and/or programs.Debris Free Oceans will expand the#PlasticFreeMB through community events,
and providing sustainability consulting to businesses and further advancing the reach of the#PlasticFreeMB certification.
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Grant Funded: Yes X No State �y Federal Other:
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1 $15,000 199-0830-000353 Yes X No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.3.
Budget approval indicates approval for current fiscal year only.Future years are subject to City Commission approval of annual
adopted operating budget.
City Commission Approved: X Yes No Resolution No.: CC Agenda Item CC Meeting Date:
No.:
2020-3 1 1 1 6 C7 D 1/15/2020
If no,explain why CC approval is not required:
Legal Form Approved: X Yes No If no,explain below why form approval is not necessary:
Q i m' i• s c3( !pro; is I '. .F.,) . ._
Procurement: Grants:
Budget: Information Technology:
Risk Management: Fleet&Facilities:
Human Resources: Other: