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Fiscal Year 2022-2023 Grant Agreement
2°23.3zSO 1 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 MIAMI BEACH • CITY OF MIAMI BEACH FISCAL YEAR 2022-2023 GRANT AGREEMENT JUL - 5 2023 14 This GRANT -AGREEMENT is made and entered into this day of June , 2023 by and between the City of Miami Beach, Florida (hereinafter the "City"), and Clean Miami Beach, Inc., a Florida not-for-profit corporation (hereinafter the "Grantee"). This Agreement is effective retroactively to April 28, 2023, the "Effective Date." ARTICLE I I GRANT DESCRIPTION GRANTEE: Clean Miami Beach, Inc. GRANTEE CONTRACT ADMINISTRATOR: Sophie Ringel ADDRESS: 2395 Lake Pancoast Dr. CITY, STATE, ZIP: Miami Beach FL, 33140 PHONE, FAX, E-MAIL: (305)479-5695 sophie.ringel@cleanmiamibeach.org GRANT AMOUNT: $15,000 PROJECT DESCRIPTION: See Exhibit 1 hereto GRANT PROJECT BUDGET: See Exhibit 2 hereto GRANT TERM: April 28, 2023— November 1, 2023 EXPENDITURE DEADLINE: November 1, 2023 PROJECT COMPLETION DATE: October 31, 2023 INITIAL REPORT DEADLINE: August 1, 2023 FINAL REPORT DEADLINE: November 1, 2023 REQUEST DEADLINE: August 1, 2023 Page 1 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. FOR CITY: City of Miami Beach, Florida ATTEST: By: Rafael E. ranado, City Clerk Aline T. Hudak, ity Manager — 5 2023 Date y ` ,�B y', 'INLORP ORAiED' FOR GRANTEE: Clean Miami Beach cH,,,0 _ 84-3637187 Federal ID# ATTEST: By: Stoia-1; /1.41-a-4‘; /eaI41.6V- Authorized Signature Sophie Ringel, Chair Yunasi Ramos, Treasurer Print Name and Title Print Name and Title 6/14/2023 Date APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION `j,M\Y, 0bIoc113 IL City Attorney (.'iA Date Page 2 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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 August 1, 2023. The final report must be submitted by Grantee by November 1, 2023. 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 Page 3 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 award of any subsequent Grant, if it has not received all reports required to be submitted by Grantee, or if such reports do not meet the City's reporting requirements. Any reports may be disseminated by the City without the prior written consent of the Grantee. 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 next 25% of the Grant Funds shall be paid to Grantee upon completion and submission of the initial report by the Grantee. The remaining 25% of the Grant Funds shall be paid to Grantee upon completion and submission of the final 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, Page 4 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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. 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, Page 5 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of 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 Page 6 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 2. 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 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 Page 7 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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 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. Page 8 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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. 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. 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. 1. 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. 2. 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. 3. 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 Page 9 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 single limit per occurrence for bodily injury and property damage. 4. Professional Liability coverage in the amount of$1,000,000 per claim. 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. 19. 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. Page 10 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 20. 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. 21. 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. 22. 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. 23. CITY CONTRACT ADMINISTRATOR: All contract related questions, reports and requests for reimbursements to be submitted to the City Contract Administrator listed below. Juanita Ballesteros, Sustainability and Resilience 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. 26513 Email: JuanitaBallesteros@miamibeachfl.gov ARTICLE III / MISCELLANEOUS PROVISIONS 24. 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. Page 11 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 25. 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, 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. 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. Page 12 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 27. 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 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. Page 13 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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 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. Page 14 DocuSign Envelope ID: 05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 28. 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. Page 15 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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 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. 29. 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. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 16 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 EXHIBIT 1 PROJECT DESCRIPTION BACKGROUND/DESCRIPTION OF NEED "Environmental stewardship is a responsibility that calls upon all of us. We are proud to answer." - (S. Ringel, founder) Clean Miami Beach is a volunteer-based environmental-action group full of educational opportunities. The vision is to spearhead year-round beach cleanups and demonstrate the negative effects of plastics on the fragile ecosystem. "Protect the Oceans" program is a varied collection of projects to help keep the growing community interested: Classroom on the Sand, Land & Sea, Clean the Beat, Sunset Meditation Cleanup/Yoga Cleanup, are just a few examples of the weekly cleanup events. This program provides volunteers, and passers-by, with a rotating schedule of interesting events, education, and exposure to unique situations. The funding will ensure our responsible and sustainable practice of protecting our ecosystem via "Protect the Oceans" program. PROGRAM DESCRIPTION The Grantee will obtain the equipment, supplies, and necessary tools to educate the growing community of volunteers in Miami Beach. Fifteen (15) program events will be fully funded by this grant. The fifteen (15) program events will be scheduled on dates selected and finalized in collaboration with the City of Miami Beach. These event dates will include high volume times such as Memorial Day, July 4th, Labor Day, etc.. Each event will be held for at least 3 hours. LOCATION Locations throughout the Miami Beach city limits, to be selected and finalized in collaboration with the City Beach. GRANT ACTIVITIES (Include activity name, activity description, description of service recipients, and number of service recipients) Clean Miami Beach events are held throughout the City of Miami Beach. Cleanups take place everywhere from North Beach to South Beach and inland waterways. The goal is to teach people, and educate the youth of today, how they can reuse, re-purpose and reduce the consumption of plastic waste. The social focus of "Protect the Oceans" program will benefit everyone. Clean Miami Beach seeks to clean waterways, shorelines, parks, and provide a safe space for wildlife. No longer will the unsightly trash and litter be an eyesore. Tourists and residents will have the ideal experience when visiting Miami beaches. This is thanks to the committed efforts of our Page 17 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 volunteer community. We seek to inspire and show the community how one's efforts can make an immediate and visible long-term difference. The Grantee will recruit volunteers through its various channels of communication, provide materials to volunteers such as buckets and gloves, provide guidance to volunteers, and encourage tracking through the Clean Swell app from the Ocean Conservancy. Calibrated digital scales are used to ensure consistent and accurate measurements of the collections. Once all visible pollutants are removed, the event closes and prepares for the next one. The use of the Clean Swell app from the Ocean Conservancy records and tracks the contributing data from each of the cleanup events. In addition, the Grantee will lead a summer program with Miami Beach students which incorporates art and cleanup events. The cleanup events as part of this school program will count towards the fifteen (15) program events. The Grantee shall promote upcoming events on social media pursuant to Article II Section 13. The Grantee will recruit volunteers through its email newsletter, social media channels, and school program. GOALS/OUTCOMES (Include outcomes, measures, and targets) At each of the proposed fifteen (15) events, the Grantee expects to collect an estimated 350 pounds of trash and litter per event, based on what has been collected at previous events. At each of the proposed fifteen (15) events, the Grantee expects to engage with 80 volunteers per event. The outcomes of each event, including number of volunteers and total pounds of debris collected, shall be recorded and included in the initial and final reports. STAFFING (Include position title and description/responsibilities to grant program) Sophie Ringel - Executive Director All other staff are volunteers. Page 18 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 EXHIBIT 2 PROJECT BUDGET (Can also be attached as separate document) Clean Miami Beach // Detailed Expense Report supplies $ per year $per cleanup $volunteer hours per (50 cleanups) cleanup trash bags $ 13.00 $650.00 pickers $4.00 $200.00 buckets $3.00 $ 150.00 gloves $6.00 $300.00 pens $2.00 $ 100.00 paper $ 10.00 $500.00 scales $0.80 $40.00 megaphone $0.30 $ 15.00 batteries $0.60 $30.00 handsanitizer $3.00 $ 150.00 paper towels $0.32 $ 16.00 clip boards $0.40 $ 20.00 first aide kits $0.84 $42.00 knifes $2.80 $ 140.00 TOTAL $47.06 $2,353.00 equipment $per cleanup $volunteer hours per $ per year cleanup tent $2.60 $ 130.00 tables $3.00 $ 150.00 flags $6.00 $300.00 signage $4.00 $200.00 educational materials $6.00 $300.00 coolers $0.90 $45.00 dollie $3.00 $ 150.00 TOTAL $ 25.50 $ 1,275.00 , software / digital services $per cleanup $volunteer hours per $per year cleanup website hosting $5.00 $ 250.00 cloud storage $3.60 $ 180.00 photo liscenure $ 10.00 $500.00 applications (Photoshop,After Effects,etc) $7.20 $360.00 accounting software $4.00 $ 200.00 Page 19 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 Microsoft Office $ 1.30 l $65.00 r TOTAL $31.10 $ 1,555.00 other digital I $per cleanup $volunteer hours per $ per year cleanup thumb drive storage device $2.00 $ 100.00 laptop $7.00 $350.00 TOTAL' $9.00 ' $450.00 1 insucances/permits/miscellaneous $ per cleanup $volunteer hours per $per year cleanup insurances $ 20.00 $ 1,000.00 permit process $ 2.00 $ 100.00 filing fees $ 7.00 $350.00 accountant $ 12.00 $600.00 bookkeeping $4.80 $240.00 trash pick up coordination $ 2.40 $ 120.00 gas/parking/tolls $ 15.00 $750.00 TOTAL $63.20 $3,160.00 administration/management $ per cleanup $volunteer hours per $per year cleanup website maintenance $345.00 $ 17,250.00 marketing/social media $219.00 $ 10,950.00 flyer design • $ 10.00 $500.00 photos/videos $ 150.00 $7,500.00 TOTAL $724.00 $ 36,200.00 core team volunteer expenses $ per cleanup $volunteer hours per $per year cleanup $ 100.00 $ 5,000.00 TOTAL $ 100.00 $5,000.00 $275.86 $ 724.00 $ 49,993.00 Grand Total per cleanup $999.86 Page 20 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 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: 0 Initial Report 0 Final Report Due August 1, 2023 Due November 1, 2023 GOALS/OUTCOMES: Outcome Measure Target Accomplishments To-Date PROBLEM ENCOUNTERED: Page 21 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 OTHER NOTABLE ITEMS: Grantee Report Prepared By: Name Signature/Date City of Miami Beach Report Reviewed By: Name Signature/Date Page 22 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 RESOLUTION NO. 2023-32501 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE AMOUNT OF $15,000 TO CLEAN MIAMI BEACH, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN SUPPORT OF ITS PROGRAMMING EFFORTS TO KEEP MIAMI BEACH AND ITS NATURAL HABITATS FREE OF GARBAGE AND HARMFUL POLLUTANTS, AND AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING; AND FURTHER, IN VIEW OF THE IMPORTANCE OF THIS ORGANIZATION AND THE PUBLIC PURPOSES SERVED BY THIS PROGRAMMING, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE THE ALLOCATION OF A $15,000 GRANT TO CLEAN MIAMI BEACH, INC. FOR BEACH CLEAN UP PROGRAMMING, AS PART OF THE CITY'S ANNUAL BUDGET PROCESS FOR FY2024. WHEREAS, Clean Miami Beach, Inc. ('`Clean Miami Beach") is a not-for-profit corporation of the State of Florida, founded by Miami Beach resident Sophie Ringel dedicated to the protection of beautiful Miami Beach and its marine wildlife; and WHEREAS, as engagement grew and word of Ringel's commitment to a clean and safe environment for wildlife and sustainable business alike became known, her organized cleanup volunteers intensified to include City officials, the Miami Beach Police Department Officers, students, teachers, and executives who care about making a difference; and WHEREAS, to this day, Clean Miami Beach has conducted 226 cleanups, engaged 8,322 volunteers, and collected 65,919 pounds of trash and plastic waste; and WHEREAS, the Mayor and City Commission desire to approve a one-time grant in the total amount of $15,000 to assist Clean Miami Beach with its efforts to keep the City and its beautiful beaches clean and plastic-free, subject to Clean Miami Beach submitting a report by November 1, 2023. documenting the objectives achieved with the grant funding and compliance with all other terms of City's standard grant agreement; and WHEREAS, further, in view of the importance of Clean Miami Beach's mission and the public purposes served thereby, the Mayor and City Commission direct the City Administration to prioritize the allocation of a $15,000 grant to Clean Miami Beach for its beach clean-up programming, as part of the City's annual budget process for FY2024. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve a grant in the amount of $15,000 to Clean Miami Beach, DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 Inc., a Florida not-for-profit corporation, in support of its programming efforts to keep Miami Beach and its natural habitats free of garbage and harmful pollutants, and authorize the City Clerk and City Manager to execute the City's standard grant agreement with respect to the foregoing; and further, in view of the importance of this organization and the public purposes served by this programming, direct the City Administration to prioritize the allocation of a $15,000 grant to Clean Miami Beach, Inc. for beach clean up programming, as part of the City's annual budget process for FY2024. PASSED and ADOPTED this as day of F 6 rt41 , 2023. ATTEST: "-/A/ Dan Gelber, Mayor FEB 2 4 2023 Rafael E. Granado, CityClerk y• (Sponsored by Commissioner David Richardson) CORP ORATED� 26,,. APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION (Var 13-2.1 City AtWaney 6 Dais 2 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 Resolutions-C7 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Rafael A. Paz, City Attorney DATE: February 22, 2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT IN THE AMOUNT OF $15,000 TO CLEAN MIAMI BEACH, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, IN SUPPORT OF ITS PROGRAMMING EFFORTS TO KEEP MIAMI BEACH AND ITS NATURAL HABITATS FREE OF GARBAGE AND HARMFUL POLLUTANTS,AND AUTHORIZING THE CITY CLERK AND CITY MANAGER TO EXECUTE THE CITY'S STANDARD GRANT AGREEMENT WITH RESPECT TO THE FOREGOING; AND FURTHER, IN VIEW OF THE IMPORTANCE OF THIS ORGANIZATION AND THE PUBLIC PURPOSES SERVED BY THIS PROGRAMMING, DIRECTING THE CITY ADMINISTRATION TO PRIORITIZE THE ALLOCATION OF A $15,000 GRANT TO CLEAN MIAMI BEACH, INC. FOR BEACH CLEAN UP PROGRAMMING, AS PART OF THE CITY'S ANNUAL BUDGET PROCESS FOR FY2024. ANALYSIS Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 22, 2023 Commission meeting. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The fiscal impact of this measure is $15,000. Is this a"Residents Right Does this item utilize G O to Know" item,pursuant to Bond Funds? City Code Section 2-14? No No Legislative Tracking Page 336 of 1109 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 Office of the City Attorney Sponsor Commissioner David Richardson ATTACHMENTS: Description o Resolution Page 337 of 1109 DocuSign Envelope ID:05CC3AD4-8E8F-4B90-A78F-83DA5C094373 /\/\I AM I B EAC H Contract/Document Routing Form Contract No. Title , Grant Agreement—Clean Miami Beach Contractor Requesting Department , , Clean Miami Beach,Inc. ENV&SUST Director Name&Signature M Name&Signature Amy Knowles -4 yes Eric Carpenter fr, .firP• �av,iere1wuec. \ u . • Type 1—Contract,amendment,change order or task order resulting from 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: Summary&Purpose(attach memo if additional space is necessary) - This is a grant being awarded to Clean Miami Beach in support of its programming efforts to keep Miami Beach and its natural habitats free of garbage and harmful pollutants.This grant is funded as part of the operating budget amendment that was approved on April 28,2023.Clean Miami Beach will hold 15 cleanup events,focusing on high impact times. Orig_uwl Term Renewal Periods Total Term(Original+Renewals) 1 year .; lrnatio Grant Funded: - Yes © No State Federal Other: Cost ke Fun ng Source i. ,, . , , Yea' Mail Cost Account . L Require Enhancement • 1 $15,000 011-9322-000353-90-400-592-00-00-00- 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. Authority to Sign City Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2023-32501 C7 K 2/22/2023 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: e Approvals(see attached) Procurement: N/A Grants: N/A Budget:Tameka Otto Stewart 1 a Information Technology: N/A 'us bt I%Sfuuarf Risk Management: N/A Fleet&Facilities: N/A Human Resources: N/A Other:Jason Greene,Chief o...w.aw Financial Officer ,)waa,.G'n.ckc