Grant Agreement with Ellen Bowen d/b/a Food Rescue - South Florida 2G20 -3i11to
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 Ellen
Bowen d/b/a Food Rescue — South Florida, licensee and Independent Contractor of Food
Rescue US, a Connecticut not-for-profit corporation (hereinafter the "Grantee"). This Agreement
is effective January 1, 2022, the "Effective Date."
ARTICLE I /GRANT DESCRIPTION
GRANTEE: Food Rescue US - South Florida
GRANTEE CONTRACT ADMINISTRATOR: Ellen Bowen
ADDRESS: 3737 Collins Ave
CITY, STATE, ZIP: Miami Beach, FL 33140
PHONE, FAX, EMAIL: ellen@foodrescue.us
GRANT AMOUNT: $10,000.00
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
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•
IN WITNESS WHEREOF. the parties hereto have executed this Agreement.
FOR CITY: City of Miami Beach, Florida
ATTEST
By:
Rafael E. Granado. City Clerk Aline T. Hudak. City Manager
JUN - '''
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FOR GRANTEE: """
Federal ID*
ATTEST:
By:
Authorized Signature
Food Rescue US, licensor to Food Rescue US-South Florida
Ellen Bowen, Site Director, By Carol Shattuck
Food Rescue US-South Florida CEO
Print Name and Title Print Name and Title
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
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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. Any modification to
Exhibit 1, Project Description, shall not be effective unless approved by a written amendment to
this Agreement signed by the City and Grantee. Grantee agrees that all funding provided by the
City pursuant to this Agreement will be used exclusively for goods or services to be provided
within the City of Miami Beach.
3. GRANT PROJECT BUDGET: Subject to the availability of City funds, the maximum
amount payable to Grantee for goods or services rendered under this Agreement shall not exceed
the Grant Amount as set forth in Article I of this Agreement. Grantee agrees that should available
City funding be reduced, the amount payable under this Agreement will be reduced at the sole
option of the City of Miami Beach. All of the grantee's expenditures are subject to the terms of
this Agreement, and as specified in the Grant Project Budget, attached hereto as Exhibit 2. Any
modification to Exhibit 2, Project Budget, shall not be effective unless approved, in writing, by the
City and Grantee. 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 City approved forms, detailing and
justifying the need for such changes.
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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Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be
disseminated by the City without the prior written consent of the Grantee. All quarterly reports
must be submitted on Exhibit 3, the Grant Quarterly Status Report Form, detailing Grantee's
compliance at the time of a partial reimbursement request.
5. GRANT DISBURSEMENT: 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 initial report by the Grantee; provided Grantee is in compliance
with the terms and agreement of this Agreement. Grantee shall provide the City with copies of all
receipts, invoices, cancelled checks (with copies of both front of back) and proof of expenditures
of Grant monies. Grantee shall provide the City with and shall categorize all receipts, invoices,
cancelled checks, and other documentation, according to the categories set forth in the grant
budget. Invoices and checks must be directly related to expenses for Grant-funded activities taking
place within the 2nd term of the grant.
6. AMOUNT OF GRANT AND PAYMENT SCHEDULE: The total amount of the Grant is set
forth in Article I, subject to the restrictions set forth herein. In awarding this Grant,the City assumes
no obligation to provide financial support of any type whatsoever in excess of the total Grant
amount. Cost overruns are the sole principal responsibility of the Grantee. The Grant funds will
only be remitted to the Grantee once the Mayor and City Commission have approved the grant
award, and once all parties have executed this Agreement.
7. GRANT RESTRICTIONS: Grant funds awarded pursuant to this Agreement may not be
used for the following expenditures: remuneration of City employees for services rendered as part
of a project funded by this Grant; debt reduction; social and/or fundraising events; cash prizes;
lobbying or propaganda materials; charitable contributions; or events not open to the public.
8. NO GUARANTEE OF FUNDING: The grantee acknowledges that the receipt of this grant
does not imply a commitment on behalf of the City to continue or provide funding beyond the terms
specified in this Agreement.
9. PROGRAM MONITORING AND EVALUATION: The City Manager or the City Manager's
designee may monitor and conduct an evaluation of the Project under this Grant, which may
include, with or without limitation, visits by City representatives to Grantee's offices and/or the site
of any project funded by this Grant, to observe Grantee's programs, procedures, and operations,
or to discuss the Grantee's programs with Grantee's personnel; and/or requests for submittal of
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additional documentation or written reports, prior to the Project completion date, evidencing
Grantee's progress on the Project.
10. BANK ACCOUNTS AND BONDING: Grantee shall maintain all monies received pursuant
to this Agreement in an account with a bank or savings and loan association. 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
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project is on time, within budget and in conformance with the contract documents and applicable
law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect
and review operations, activities, performance and procurement process including but not limited
to project design, bid specifications, (bid/proposal) submittals, activities of the Grantee , its
officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance
with the Contract Documents and to detect fraud and corruption. Pursuant to Section 2-378 of
the City Code, the City is allocating a percentage of its overall annual contract expenditures to
fund the activities and operations of the Office of Inspector General.
C. Upon ten (10) days written notice to the Grantee, the Grantee shall make all requested
records and documents available to the Inspector General for inspection and copying. The
Inspector General is empowered to retain the services of independent private sector auditors to
audit, investigate, monitor, oversee, inspect and review operations activities, performance and
procurement process including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Grantee, its officers, agents and employees, lobbyists, City staff and
elected officials to ensure compliance with the contract documents and to detect fraud and
corruption.
D. The Inspector General shall have the right to inspect and copy all documents and records
in the Grantee's possession, custody or control which in the Inspector General's sole judgment,
pertain to performance of the contract, including, but not limited to original estimate files, change
order estimate files, worksheets, proposals and agreements from and with successful
subcontractors and suppliers, all project-related correspondence, memoranda, instructions,
financial documents, construction documents, (bid/proposal) and contract documents, back-
change documents, all documents and records which involve cash, trade or volume discounts,
insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting
documentation for the aforesaid documents and records.
E. The Grantee shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and performance of this
contract, for examination, audit, or reproduction, until three (3) years after final payment under
this contract or for any longer period required by statute or by other clauses of this contract. In
addition:
1. 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
2. The Grantee shall make available records relating to appeals or to litigation or the
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settlement of claims arising under or relating to this contract until such appeals,
litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Grantee, its officers, agents, employees,
subcontractors and suppliers. The Grantee shall incorporate the provisions in this section in all
subcontracts and all other agreements executed by the Grantee in connection with the
performance of this contract.
G. Nothing in this section shall impair any independent right to the City to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the City by the Grantee or third parties.
13. PUBLICITY AND CREDITS: The Grantee must include the City 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.
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If the Grantee is a government entity, this indemnification shall only be to the extent and
within the limitations of Section 768.28, Florida Statutes, subject to the provisions of that Statute
whereby the Grantee entity shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of $200,000, or any claim or
judgment or portions thereof, which, when totaled with all other claims or judgments paid by the
government entity arising out of the same incident or occurrence, exceed the sum of $300,000
from any and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of the Grantee entity.
15. ASSIGNMENT: The Grantee shall not be permitted to assign this Grant, and any
purported assignment will be void, and shall be treated as an event of default pursuant to this
Agreement.
16. COMPLIANCE WITH LAWS: The Grantee agrees to abide by and be governed by all
applicable Federal, State, County and City laws, including but not limited to Miami-Dade County's
Conflict of Interest and Code of Ethics Ordinance, as amended, which is incorporated herein by
reference as if fully set forth herein, and Chapter 2, Article VII of the City Code, as amended,
which is incorporated herein by reference as if fully set forth herein.
17. DEFAULT/TERMINATION PROVISIONS: In the event the Grantee shall fail to comply
with any of the provisions of this Agreement, the City Manager or the City Manager's designee
may terminate this Agreement and withhold or cancel all or any unpaid installments of the Grant
upon giving five (5) calendar days written notice to the Grantee, and the City shall have no further
obligation to the Grantee under this Agreement. Further, in the event of termination, the Grantee
shall be required to immediately repay to the City all portions of the Grant which have been
received by the Grantee, as of the date that the written demand is received.
Any uncommitted Grant funds which remain in the possession or under the control of the
Grantee as of the date of the Expenditure Deadline specified in this Agreement must be returned
to the City within fifteen (15) days after the Expenditure Deadline. If such funds have been
committed but not expended, the Grantee must request in writing from the City Manager an
extension of the Expenditure Deadline which, if approved, shall be for a period not to exceed one
(1)year.
Grant funds which are to be repaid to the City pursuant to this Section are to be repaid
upon demand by delivering to the City Manager a certified check for the total amount due, payable
to the City of Miami Beach, Florida.
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These provisions shall not waive or preclude the City from pursuing any other remedies
that may be available to it under the law.
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 appropriate action 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.
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Yanira Pineda
Sustainability Manager
City of Miami Beach
Environment and Sustainability Department
1700 Convention Center Drive—3rd Floor
Miami Beach, FL 33139
Tel: 305-673-7084/305-673-7000 ext. 6840
Email: yanirapineda cC,�,miamibeachfl.gov
Alyssia Berthoumieux
Senior Sustainability Coordinator
City of Miami Beach
Environment and Sustainability Department
1700 Convention Center Drive—3rd Floor
Miami Beach, FL 33139
Tel: 305-673-7084/ 305-673-7000 ext. 6894
Email: alyssiaberthoumieux(a�miamibeachfl.gov
ARTICLE III / MISCELLANEOUS PROVISIONS
23. The Grant awarded herein is the result of a finding by the City, based on representatives,
documents, materials and other information supplied by Grantee, that the Grantee is
performing a public purpose through the programs, projects, and/or services
recommended for support. As such, use of Grant funds for any program component not
meeting this condition will be considered a breach of the terms of this Agreement and will
allow the City to seek remedies including, but not limited to, those outlined in this Grant
Agreement.
24. 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
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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.
C. The City endorses, and Grantee shall comply with, the clear mandate of the Americans
with Disabilities Act of 1990 (ADA)to remove barriers, which prevents qualified individuals
with disabilities from enjoying the same employment opportunities that are available to
persons without disabilities.
D. The City also endorses the mandate of the Rehabilitation Act of 1973 and Section 504
and prohibits discrimination on the basis of disability and requires that Grant recipients
provide equal access and equal opportunity and services without discrimination on the
basis of any disability.
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.
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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
by the City to perform the service. If the Grantee transfers all public records to the
City upon completion of the Agreement, the Grantee shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the Grantee keeps and maintains public records upon
completion of the Agreement, the Grantee shall meet all applicable requirements
for retaining public records. All records stored electronically must be provided to
the City, upon request from the City's custodian of public records, in a format that
is compatible with the information technology systems of the City.
D. REQUEST FOR RECORDS; NONCOMPLIANCE
1. A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the requested
records, the City shall immediately notify the Grantee of the request, and the Grantee
must provide the records to the City or allow the records to be inspected or copied
within a reasonable time.
2. Grantee's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or(3) avail itself of any available remedies at law or in equity.
3. A Grantee who fails to provide the public records to the City within a reasonable
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time may be subject to penalties under s. 119.10.
E. CIVIL ACTION
1. If a civil action is filed against a Grantee to compel production of public records
relating to the City's contract for services, the court shall assess and award against
the Grantee the reasonable costs of enforcement, including reasonable attorneys'
fees, if:
a. The court determines that the Grantee unlawfully refused to comply with the
public records request within a reasonable time; and
b. At least 8 business days before filing the action, the plaintiff provided written notice
of the public records request, including a statement that the Grantee has not
complied with the request, to the City and to the Grantee.
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
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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
unauthorized alien. Grantee shall maintain a copy of such affidavit for the duration of
the subcontract or such other extended period as may be required under this
Agreement.
B. TERMINATION RIGHTS.
1. If the City has a good faith belief that Grantee has knowingly violated Section
448.09(1), Florida Statutes, the City shall terminate this Agreement with Grantee for
cause, and the City shall thereafter have or owe no further obligation or liability to
Grantee.
2. If the City has a good faith belief that a subcontractor has knowingly violated the
foregoing Subsection 28(A), but the Grantee otherwise complied with such subsection,
the City will promptly notify the Grantee and order the Grantee to immediately
terminate the agreement with the subcontractor. Grantee's failure to terminate a
subcontractor shall be an event of default under this Agreement, entitling City to
terminate the Grantee's Agreement for cause.
3. A contract terminated under the foregoing Subparagraphs (B)(1) or(B)(2) is not in
breach of contract and may not be considered as such.
4. The City or Grantee or a subcontractor may file an action with the Circuit or County
Court to challenge a termination under the foregoing Subparagraphs (B)(1) or (B)(2)
no later than 20 calendar days after the date on which the contract was terminated.
5. If the City terminates the Agreement with Grantee under the foregoing
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Subparagraph (B)(1), Grantee may not be awarded a public contract for at least 1 year
after the date of termination of this Agreement.
6. Grantee is liable for any additional costs incurred by the City as a result of the
termination of this Agreement under this Section 28.
28. BOARD TRAINING: Pursuant to Resolution 2018-30552, Grantee is required to have
51% or more of its board membership complete the City's training for board members, if all three
of the following apply: 1)the agency is a non-profit; 2)the agency has an annual operating budget
of less than $5 million; and, 3) the grant award is for $25,000 or more in City funds. The Board
Training must be completed within the last two years prior to the receipt of City funds.
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EXHIBIT 1
PROJECT DESCRIPTION
BACKGROUND/DESCRIPTION OF NEED
Please note that since submitting our original grant application, we have changed the Food
Rescue US - Miami program's name to Food Rescue US - South Florida to better represent the
scope of our work in the area.
Access to food is a basic need, and if it goes unmet, people experience physical and emotional
consequences, including increased risk of chronic physical and mental health issues such as
hypertension, obesity, diabetes, depression, and anxiety. Before individuals and families can
focus on finding employment or housing, completing schoolwork, or giving back to their
community, they need access to fresh, nutritious food. Food Rescue US-South Florida supports
individuals and families by providing fresh, nutritious, perishable food directly to local agencies
that are already integrated in the under-resourced communities that they serve. When people
experiencing food insecurity know where their next meal is coming from, they can turn their focus
to caring for their families or securing housing, work, and more.
Simultaneously, food waste is an environmental crisis. Food that ends up in landfills and
decomposes releases carbon dioxide and methane both of which contribute to climate change.
According to ReFED in 2019 across Florida, 5.61 million surplus food tons were generated. This
wasted food includes produce tossed by grocery stores with high cosmetic standards, unsold
bread thrown-away by bakeries at closing, and premade meals with approaching sell by dates.
Many businesses are unaware of the seriousness of food waste, and those that are aware do not
have an easy alternative to throwing it away. Food Rescue US - South Florida offers local
businesses a way to repurpose their excess food and save all fees associated with having it
removed. We make it easy for food donors by allowing them to pick their schedule and provide
varying amounts of food.
PROGRAM DESCRIPTION
Food Rescue US - South Florida is requesting funding for a two-part project to increase
awareness and reduce food waste. Firstly, we would like to expand upon our school program by
partnering with additional schools to increase awareness around the impact of food waste and
engage students in the process of reducing food waste. Our team would provide educational
materials and work with students to rescue food from their school and in their communities.
Secondly, we will collaborate with the Cleo Institute to launch a series of workshops in local hotels
and restaurants to educate their staff on the importance of reducing food waste. Through these
workshops, we will increase awareness and engagement and recruit new food donors. Both
programs will enable us to rescue more food and will increase awareness around the importance
of reducing food waste.
LOCATION
While Food Rescue US - South Florida serves Miami-Dade and Broward Counties through our
daily food recovery efforts, the projects funded through the Miami Beach Rising Grant will focus
on the City of Miami Beach schools and food businesses.
GRANT ACTIVITIES
(Include activity name, activity description, description of service recipients, and number of service
Page 16
recipients)
Currently, we partner with two local schools to rescue excess food from their cafeteria and collect
food donations from the students. In partnering with these schools, we've recognized the need to
educate students on the impact of food waste on our environment. In order to increase awareness
around the importance of reducing food waste, we will provide students with take-home flyers to
share with their families and friends and place posters in schools. We would also like to develop
a professional video to share with students, online, and with food donors. These materials will
highlight the impact of food waste and the steps we can take to reduce it at home and in our
community. We will also place a bin at each participating school so students can donate excess
packaged, unused food that they have at home. Lastly, we will work with school cafeteria staff to
rescue all of their excess food and provide it, with the help of students, to local social service
agencies. We anticipate this project costing $2,000 with the expenses including bins, marketing
materials, a professional video, and containers to transport food.
The second part of our education and awareness program focuses on hotels and restaurants,
who are some of our biggest food donors. With funding, we would partner with the Cleo Institute
to develop a workshop series that would bring in guest speakers to discuss the importance of
reducing food waste. We would like to offer sustainable takeout containers to participating
restaurants and hotels as an incentive for joining the Food Rescue US movement and reducing
their food waste. These containers would be used by participating food donors to package
donated food. We anticipate this part of the project costing $6,500 with the majority of funding
going towards sustainable takeout packaging and funding for speakers.
GOALS/OUTCOMES
(Include outcomes, measures, and targets)
We measure progress by the number of meals that we are able to provide and assess our impact
and success on a monthly basis. We utilize our proprietary web-based app to track both
quantitative and qualitative data. We track metrics such as the total number of meals
provided/pounds of food kept out of landfills as well as the number of food donors, food rescuers,
and social service agencies. Through our app, we are also able to track the amount of food that
each food donor donates. In order to track our progress, we will track the number of schools,
restaurants, and hotels that we engage through these two programs and monitor the amount of
food that they donate. Furthermore, our Site Director Ellen Bowen will monitor the number of new
food donors recruited through these two programs and aims to recruit 2 new schools and 4 new
restaurants and hotels during the grant period.
STAFFING
(Include position title and description/responsibilities to grant program)
Ellen Bowen, Site Director, Food Rescue US - South Florida: Ellen launched Food Rescue US -
South Florida in 2018 and since then, has managed the site, including building local relationships
with donors and agencies and developing a volunteer network. Ellen will implement the grant
projects and track all expenses against the grant budget.
Melissa Spiesman, COO, Food Rescue US: Melissa along with our programs and technology
teams provide ongoing support and guidance to our sites.
Page 17
Bethany Simmonds, Director, Marketing & Grants, Food Rescue US: Bethany assists sites with
grant applications and reporting. Bethany will complete all grant reports with Site Director Ellen
Bowen.
Page 18
EXHIBIT 2
PROJECT BUDGET
(Can also be attached as separate document)
Food Waste Awareness and Reduction
Project Budget
School Marketing Materials $500
School Supplies $500
Food Waste Video $1,000
Workshop Series. $1,500
Reusable Containers $5,000
Technology & Ops $1,500
Total Expenses $10,000
Please note that 15% of this grant will be designated towards the general operations of Food
Rescue US and Food Rescue US - South Florida which includes but is not limited to the cost of
maintaining and updating our technology platform, providing fundraising support and business
support, and other services.
Page 19
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 0 Final Report
Due June. 1, 2022 Due September. 30, 2022
GOALS/OUTCOMES:
Outcome Measure Target Accomplishments
To-Date
PROBLEM ENCOUNTERED:
Page 20
OTHER NOTABLE ITEMS:
Grantee
Report Prepared By:
Name Signature/Date
City of Miami Beach
Report Reviewed By:
Name Signature/Date
Page 21
DocuSign Envelope ID:16C29114-FD3F-4687-8A1 B-7B1 DC6E34C04
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Type 1—Contract,amendment,change order or task order resulting 'om 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 Summary`8ePuirpose(att`ach'memo if additional space is necessary)..• . , ' ,
This is a grant being awarded to Food Rescue—South Florida 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. Food Rescue—South Florida will work to increase awareness about and
reduce food waste and expanding their school program by partnering with additional schools.
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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:
Procurement: Grants:
Budget: Information Technology:
Risk Management: Fleet&Facilities:
Human Resources: Other: